Section 29.38. Reports

(a) The following information is to be sent to the Department according to the specified time frames on forms prescribed by it:

(1) Facility information.

(i) Within 30 days of the effective date of this subchapter, every facility at which abortions are performed shall file, and update immediately upon any change, a report with the Department, which shall be open to public inspection and copying, containing the following information:

(A) Name, mailing address, and county of location of the facility.

(B) Name and address of any parent, subsidiary or affiliated organizations, corporations, or associations.

(C) Name and address of any parent, subsidiary or affiliated organizations, corporations or associations having contemporaneous commonality of ownership, beneficial interest, directorship or officership with any other facility.

(D) Date form submitted.

(ii) Any facility failing to comply with this paragraph will be assessed by the Department a fine of $500 for each day it is in violation hereof.

(2) In vitro fertilization. All persons conducting or experimenting in in vitro fertilization shall file quarterly reports with the Department, which will be available for public inspection and copying, containing the following information:

(i) Names of all persons conducting or assisting in the fertilization or experimentation process.

(ii) Locations—including mailing address and county—where the fertilization or experimentation is conducted.

(iii) Name and address of any person, facility, agency or organization sponsoring the fertilization or experimentation, except that names of any persons who are donors or recipients of sperm or eggs shall not be disclosed.

(iv) Number of eggs fertilized.

(v) Number of fertilized eggs destroyed or discarded.

(vi) Number of women implanted with a fertilized egg.

(vii) Date form submitted.

(3) Abortion report. A report of each abortion performed shall be made to the Department on forms prescribed by it. The reports shall be completed by the hospital or other licensed facility, signed by the physician who performed the abortion, and transmitted to the Department within 15 days after each reporting month. The report forms shall not identify the individual patient by name and shall include the following information:

(i) Name and license number of the physician who performed the abortion.

(ii) Name of the facility where the abortion was performed, county code, and facility identification number.

(iii) Name and license number of referring physician, agency or service, if any.

(iv) The political subdivision, including county and city, township, or borough and state, in which the woman resides.

(v) The woman’s age, race, education and marital status.

(vi) The number of prior pregnancies, including the number of live births, now living and now dead, and the number of abortions, spontaneous and induced.

(vii) The date of the woman’s last menstrual period and the probable gestational age of the unborn child.

(viii) The types of procedures performed or prescribed and the date of the abortion.

(ix) Complications, if any, including but not limited to, hemorrhage, infection, uterine perforation, cervical laceration, retained products, psychological complications, failure to abort and death.

(x) Concurrent conditions, if any, including but not limited to hydatid mole, endocervical polyp, malignancies, radiation exposure, genetic indications, psychological indications, rape, incest and rubella disease.

(xi) Physician’s determination of viability.

(xii) The length and weight of the aborted unborn child when measurable.

(xiii) Basis for any medical judgment that a medical emergency exists as required by any part of this chapter.

(xiv) The date of the medical consultation required by § 29.36 (relating to medical consultation and judgment).

(xv) The date on which any determination of pregnancy was made.

(xvi) The information required to be reported under § 29.35(a) (relating to abortion after viability).

(xvii) Whether or not the expelled products were examined by a pathologist or other designated qualified person.

(xviii) Whether the abortion was paid for by the patient, by Medical Assistance, by medical insurance coverage, or by other method of payment.

(xix) Date form submitted.

(4) Pathological examinations. Reports of pathological examinations and findings as required by § 29.33(8) (relating to requirements for abortion) shall be forwarded to the Department on forms prescribed by it, containing the following information:

(i) Name, title and license number, if applicable, of person performing examination.

(ii) Name and mailing address of facility where examination was performed.

(iii) Date of examination and date of abortion.

(iv) Examination findings, including absence of pregnancy, live birth, viability, and other findings, and evidence of these findings.

(v) Name and license number of physician who performed the abortion.

(vi) Date form submitted.

(5) Report by facility. Every facility in which an abortion is performed within this Commonwealth during any calendar quarter shall file with the Department on forms prescribed by it, a report showing the total number of abortions performed within the medical facility during that calendar quarter and the total abortions performed in each trimester of pregnancy. Such reports are due within 30 days of the end of each quarter. These reports shall be available for public inspection and copying and shall contain the following information:

(i) Name, mailing address and county of location of the facility.

(ii) The total number of abortions performed in the facility and the number performed in the first, second and third trimesters of pregnancy during the reporting period.

(iii) Date form submitted.

(6) Report of maternal death. All reports of maternal deaths occurring within this Commonwealth arising from pregnancy, childbirth or intentional abortion shall be reported to the Department and shall in every case state the cause of death, the duration of the woman’s pregnancy when her death occurred, and whether or not the woman was under the care of a physician during her pregnancy prior to her death. A woman shall be deemed to have been under the care of a physician prior to her death for the purpose of this chapter when she had either been examined or treated by a physician, not including any examination or treatment in connection with emergency care for complications of her pregnancy or complications of her abortion, preceding the woman’s death at any time which is both 21 or more days after the time she became pregnant and within 60 days prior to her death. Known incidents of maternal mortality of nonresident women arising from induced abortion performed in this Commonwealth shall be included as incidents of maternal mortality arising from induced abortions. Incidents of maternal mortality arising from continued pregnancy or childbirth and occurring after induced abortion has been attempted but not completed, including deaths occurring after induced abortion has been attempted but not completed as the result of ectopic pregnancy, shall be included as incidents of maternal mortality. The report form shall include the following information:

(i) Name of deceased.

(ii) Date of death of deceased.

(iii) Date of birth of deceased.

(iv) Race of deceased.

(v) Location of death, including name of medical facility, street address, city, borough or township, and county.

(vi) Residence of deceased, including state, county, and city, borough, or township.

(vii) Cause of death, including immediate and underlying causes, interval between onset and death, and other significant conditions.

(viii) Physician’s estimate of length of gestation.

(ix) Date of disposition and disposition of pregnancy.

(x) Whether the woman was under the care of a physician at any time both 21 or more days after the time she became pregnant and within 60 days prior to her death.

(xi) Name and license number of physician certifying death and completing this form.

(xii) Date form submitted.

(7) Report of complications. Every physician who is called upon to provide medical care or treatment to a woman who is in need of medical care because of a complication or complications resulting, in the good faith judgment of the physician, from having undergone an abortion or attempted abortion, shall prepare a report thereof and file the report with the Department within 30 days of the date of his first examination of the woman. This report shall be open to public inspection and copying and shall be on forms prescribed by the Department. The forms shall contain the following information, and such other information except the name of the patient, as the Department may from time to time require:

(i) Age of patient.

(ii) Number of pregnancies patient may have had prior to the abortion, including the number of live births, now living and now dead, and abortions, spontaneous and induced.

(iii) Number and type of abortions patient may have had prior to this abortion.

(iv) Name and address of the facility where the abortion was performed.

(v) Gestational age of the unborn child at the time of the abortion, if known.

(vi) Type of abortion performed and date, if known.

(vii) Nature of complication.

(viii) Medical treatment given.

(ix) The nature and extent, if known, of any permanent condition caused by the complication.

(x) Date of first examination of patient.

(xi) Name and license number of attending physician.

(xii) Date form submitted.

(b) The Department may require other pertinent information to be submitted at any time as it deems appropriate.

(c) Reports filed under subsection (a)(3) will not be deemed public records within the meaning of that term as defined by the act of June 21, 1957 (P. L. 390, No. 212) (65 P. S. § § 66.1—66.4) referred to as the Right-to-Know Law, but will be made available for public inspection and copying within 15 days of receipt in a form which will not lead to the disclosure of the identity of any person filing a report. On those reports available for public inspection and copying, the Department will substitute for the name and license number of any physician which appears on the report, a unique identifying number. The identity of the physician will constitute a confidential record of the Department. The Department may set a reasonable per copy fee to cover the cost of making any copies authorized under this section.

Notation

Cross References

This section cited in 28 Pa. Code § 29.39 (relating to penalties).