20-16-1406. Reporting.

20-16-1406. Reporting. (a)(1) A physician who performs or induces or attempts to perform or induce an abortion shall report to the Department of Health on a schedule and in accordance with rules adopted by the department. (2) The report required under subdivision (a)(1) of this section shall include without limitation: (A) Whether a determination of probable post-fertilization age was made, the probable post-fertilization age of the unborn child determined, and the method and basis of the determination; (B) If a determination of probable post-fertilization age of the unborn child was not made, the basis of the determination that a medical emergency existed; (C) If the probable post-fertilization age of the unborn child was determined to be twenty (20) or more weeks, the basis of the determination that the pregnant woman had a condition which so complicated her medical condition as to necessitate the immediate abortion of her pregnancy to avert her death or to avert serious risk of substantial and irreversible physical impairment of a major bodily function of the pregnant woman, not including psychological or emotional conditions; (D) The method used for the abortion; and (E) If an abortion was performed when the probable post-fertilization age of the unborn child was determined to be twenty (20) or more weeks: (i) Whether the method used was one that in reasonable medical judgment provided the best opportunity for the unborn child to survive; or (ii) If such a method under subdivision (a)(2)(E)(i) of this section was not used, the basis of the determination that termination of the pregnancy in that manner would pose a greater risk either of the death of the pregnant woman or of the substantial and irreversible physical impairment of a major bodily function of the woman, not including psychological or emotional conditions, than would other available methods. (b)(1) By June 30 of each year the department shall issue a public report providing statistics for the previous calendar year compiled from all of the reports covering that year submitted under this section for each of the items listed in subsection (a) of this section. (2) Each report also shall provide the statistics for all previous calendar years during which this section was in effect, adjusted to reflect any additional information from late or corrected reports. (3) The department shall take care to 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 or induced or attempted to be performed or induced. (c)(1) A physician who fails to submit a report by the end of thirty (30) days after the date the report is due shall be subject to a late fee of five hundred dollars ($500) for each additional thirty-day period or portion of a thirty-day period the report is overdue. (2) A physician required to report in accordance with this subchapter who has not submitted a report or has submitted only an incomplete report more than one (1) year following the date the report is due, in an action brought in the manner in which actions are brought by the department, may 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. (d)(1) Purposeful, knowing, or reckless failure by a physician to conform to any requirement of this section, other than late filing of a report, constitutes unprofessional conduct under § 17-95-409. (2) Purposeful, knowing, or reckless failure by a physician to submit a complete report in accordance with a court order constitutes unprofessional conduct under § 17-95-409. (3) Purposeful, knowing, or reckless falsification of any report required under this section is a Class C misdemeanor. (e) Within ninety (90) days after the effective date of this subchapter, the department shall adopt rules to assist in compliance with this section, and subdivision (a)(1) of this section shall take effect so as to require reports regarding all abortions performed or induced on or after the first day of the first calendar month following the effective date of such rules.