Michigan Bill Regarding Abortion Complication Reporting (SB 376)
This law was last updated on Apr 16, 2019
SB 376 would amend current law to require additional abortion complication reporting.
The bill would amend the definition of “physical complication” in regards to abortion, to include allergic response, and anesthesia-related complications.
The bill would require a medical examiner who determines that a physical complication is the primary, secondary, or tertiary cause of death to file a written report with the department.
Notice of Compliance
The bill would allow any person who has knowledge that an individual has sought treatment for or has died as a result of an abortion complication to complete a notice of compliance form. A person who completes such a form would need to transmit copies of the form within one year from the date the abortion was performed, to each of the following:
- the physician who treated the patient, the health facility where the patient is alleged to have been treated for the physical complication, or, if the patient has died as a result of the complication, the medical examiner in the county in which the death occurred;
- the physician who performed the abortion, if known; and
- the department.
The department would be required to develop and make available a notice of compliance form for reporting only the following information:
- contact information of the individual submitting the notice of compliance form;
- contact information of the health facility where the patient was presented for treatment of the physical complication;
- the date the patient was presented for treatment of the complication;
- the age, if known, of the patient;
- the type of physical complication that was treated and whether death occurred;
- the following information about the performance of the abortion that led to the complication or death:
- contact information of the facility where the abortion was performed;
- the name of the physician performing the abortion; and
- the date the abortion was performed.
The department would be required to develop a confirmation document that provides the following:
- written confirmation to the individual who submitted the notice that the department received the form;
- instruction to each physician or health facility identified in the notice that they must respond to the department by confirming or denying the details listed in the compliance form; and
- instruction to each physician or health facility identified in the notice that if they provided treatment to a patient for a complication, they must include a copy of the report with their confirmation document.
Within seven days of receiving a compliance form, the department would be required to provide the confirmation document to all of the following:
- the individual submitting the form;
- the health facility identified in the form as providing treatment to a patient for a complication;
- the physician identified in the form as performing the abortion; and
- the facility identified in the form as the facility where the abortion was performed.
The bill would prohibit a person who transmits a notice of compliance form from including any information that may make it possible to identify the patient who sought treatment for a physical complication.
A person who knowingly files a false notice of compliance form or knowingly discloses confidential identifying information in violation of this provision would be guilty of a misdemeanor (currently a felony under Michigan law), punishable by up to one year imprisonment and/or a fine of up to $1,000.
Tie-barred with SB 377, which would eliminate the felony crime of disclosing confidential information regarding abortions.