Reporting of abortions.

2016
STATE OF WYOMING
16LSO-0305
Introduced
1.3

HOUSE BILL

NO.

HB0121

Reporting of abortions.

Sponsored by:
Representative(s) Clem, Blackburn, Edmonds, Edwards, Jaggi, Kroeker, Laursen, Loucks, Reeder, Steinmetz, Wilson and Winters and Senator(s) Barnard, Boner, Dockstader, Hicks and Meier

A BILL

for

AN ACT relating to abortions; establishing additional requirements for abortion reporting; providing for a public report of abortion statistics; providing penalties for failure to report as required; specifying acts not meeting reporting requirements are acts of unprofessional conduct; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1
.

W.S. 35
‑
6
‑
107(
a)
(intro)

and by creating new subsections (c)

and (d)
and 35
‑
6
‑
108 are amended to read:

35
‑
6
‑
107
.

R
eporting abortions.

(a)

The state office of vital records services shall establish an abortion reporting form which shall be used after May 27, 1977 for the reporting of every abortion performed or prescribed in this state. The form shall include the following items in addition to such other information as may be necessary to complete the form, but in no case shall information be required that would tend to disclose the identity of any individual participating in an abortion

beyond that required by subsection (c) of this section
:

(c)

The report required by this section shall not contain the name or the address of the patient whose pregnancy was terminated
or any other common identifiers including a social security number, driver's license number or any other information or identifier that would make it possible to identify in any manner or under any circumstances a woman who has had an abortion or seeks an abortion
. The report shall not contain any other information identifying the patient, except that each report shall contain a unique medical record identifying number to enable matching the report to the patient's medical records.

(d)

Any physician who fails to submit a report under this
section
by the end of thirty (30) days following the due date established by the office of vital records services shall be subject to a late fee of one thousand dollars ($1,000.00) for each additional thirty (30) day period or portion of a thirty (30) day period the report is overdue. Any physician required to report in accordance with this
section
who has not submitted a report, or has submitted only an incomplete report, more than six (6) months following the due date, may, in an action brought by the office of vital record
s
services, be directed by a court of competent jurisdiction to submit a complete report within a period stated by court order or be subject to civil contempt. Intentional or reckless failure by any physician to conform to any requirement of this section, other than late filing of a report,
or intentional or reckless failure by any physician to submit a complete report in accordance with a court order
constitutes unprofessional conduct under W.S. 33
‑
26
‑
402(
a)(xxvii).
Intentional or reckless falsification of any report required by this
section
is a misdemeanor punishable by
imprisonment for not more than one (1) year, a fine of not more than one thousand dollars ($1,000.00), or both.

35
‑
6
‑
108
.

Compilations of abortions; matter of record; exception.

(a)

The state office of vital records services shall prepare and after May 27, 1977 keep on file for seven (7) years compilations of the information submitted on the abortion reporting forms. The compilations shall be available
only to a local, state or national public health official or a physician upon his written request

as provided in this section
. The state health officer, in order to maintain and keep such compilations current, shall file with the reports
any new or amended information.
T
he information submitted under W.S. 35
‑
6
‑
107 and compi
led under this section shall not be stored in any computer.

(b)

A report received under W.S. 35
‑
6
‑
107 shall be maintained in strict confidence by the state office of vital record
s
services, shall not be available for public inspection and shall not be made available except to the attorney general or a district attorney with appropriate
jurisdiction pursuant to a criminal investigation
or to the state board of medicine to enforce a finding of unprofessional conduct as provided in W.S. 35
‑
6
‑
107(
d)
.

(c)

Not later than June 30 of each year the office of vital record
s
services shall issue a public report providing statistics for the previous calendar year compiled from all of the reports covering that year submitted in accordance with this section for each of the items listed in W.S. 35
‑
6
‑
107. The report shall also include the statistics for all previous calendar years during which this subsection was in effect, adjusted to reflect any additional information from late or corrected reports. The office shall ensure that none of the information included in the public reports could reasonably lead to the identification of any pregnant woman upon whom an abortion was performed, induced or attempted.

Section
2
.

This
act is effective July 1,
201
6
.

(END)

1
HB0121