2010 Pennsylvania Code
Title 18 - CRIMES AND OFFENSES
Chapter 32 - Abortion
3214 - Reporting.

     § 3214.  Reporting.
        (a)  General rule.--For the purpose of promotion of maternal
     health and life by adding to the sum of medical and public
     health knowledge through the compilation of relevant data, and
     to promote the Commonwealth's interest in protection of the
     unborn child, a report of each abortion performed shall be made
     to the department on forms prescribed by it. The report forms
     shall not identify the individual patient by name and shall
     include the following information:
            (1)  Identification of the physician who performed the
        abortion, the concurring physician as required by section
        3211(c)(2) (relating to abortion on unborn child of 24 or
        more weeks gestational age), the second physician as required
        by section 3211(c)(5) and the facility where the abortion was
        performed and of the referring physician, agency or service,
        if any.
            (2)  The county and state in which the woman resides.
            (3)  The woman's age.
            (4)  The number of prior pregnancies and prior abortions
        of the woman.
            (5)  The gestational age of the unborn child at the time
        of the abortion.
            (6)  The type of procedure performed or prescribed and
        the date of the abortion.
            (7)  Pre-existing medical conditions of the woman which
        would complicate pregnancy, if any, and, if known, any
        medical complication which resulted from the abortion itself.
            (8)  The basis for the medical judgment of the physician
        who performed the abortion that the abortion was necessary to
        prevent either the death of the pregnant woman or the
        substantial and irreversible impairment of a major bodily
        function of the woman, where an abortion has been performed
        pursuant to section 3211(b)(1).
            (9)  The weight of the aborted child for any abortion
        performed pursuant to section 3211(b)(1).
            (10)  Basis for any medical judgment that a medical
        emergency existed which excused the physician from compliance
        with any provision of this chapter.
            (11)  The information required to be reported under
        section 3210(a) (relating to determination of gestational
        age).
            (12)  Whether the abortion was performed upon a married
        woman and, if so, whether notice to her spouse was given. If
        no notice to her spouse was given, the report shall also
        indicate the reason for failure to provide notice.
        (b)  Completion of report.--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.
        (c)  Pathological examinations.--When there is an abortion
     performed during the first trimester of pregnancy, the tissue
     that is removed shall be subjected to a gross or microscopic
     examination, as needed, by the physician or a qualified person
     designated by the physician to determine if a pregnancy existed
     and was terminated. If the examination indicates no fetal
     remains, that information shall immediately be made known to the
     physician and sent to the department within 15 days of the
     analysis. When there is an abortion performed after the first
     trimester of pregnancy where the physician has certified the
     unborn child is not viable, the dead unborn child and all tissue
     removed at the time of the abortion shall be submitted for
     tissue analysis to a board eligible or certified pathologist. If
     the report reveals evidence of viability or live birth, the
     pathologist shall report such findings to the department within
     15 days and a copy of the report shall also be sent to the
     physician performing the abortion. Intentional, knowing,
     reckless or negligent failure of the physician to submit such an
     unborn child or such tissue remains to such a pathologist for
     such a purpose, or intentional, knowing or reckless failure of
     the pathologist to report any evidence of live birth or
     viability to the department in the manner and within the time
     prescribed is a misdemeanor of the third degree.
        (d)  Form.--The department shall prescribe a form on which
     pathologists may report any evidence of absence of pregnancy,
     live birth or viability.
        (e)  Statistical reports; public availability of reports.--
            (1)  The department shall prepare a comprehensive annual
        statistical report for the General Assembly based upon the
        data gathered under subsections (a) and (h). Such report
        shall not lead to the disclosure of the identity of any
        person filing a report or about whom a report is filed, and
        shall be available for public inspection and copying.
            (2)  Reports filed pursuant to subsection (a) or (h)
        shall 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), referred to as the Right-to-Know Law, and shall
        remain confidential, except that disclosure may be made to
        law enforcement officials upon an order of a court of common
        pleas after application showing good cause therefor. The
        court may condition disclosure of the information upon any
        appropriate safeguards it may impose.
            (3)  Original copies of all reports filed under
        subsections (a), (f) and (h) shall be available to the State
        Board of Medicine and the State Board of Osteopathic Medicine
        for use in the performance of their official duties.
            (4)  Any person who willfully discloses any information
        obtained from reports filed pursuant to subsection (a) or
        (h), other than that disclosure authorized under paragraph
        (1), (2) or (3) hereof or as otherwise authorized by law,
        shall commit a misdemeanor of the third degree.
        (f)  Report by facility.--Every facility in which an abortion
     is performed within this Commonwealth during any quarter year
     shall file with the department a report showing the total number
     of abortions performed within the hospital or other facility
     during that quarter year. This report shall also show the total
     abortions performed in each trimester of pregnancy. Any report
     shall be available for public inspection and copying only if the
     facility receives State-appropriated funds within the 12-
     calendar-month period immediately preceding the filing of the
     report. These reports shall be submitted on a form prescribed by
     the department which will enable a facility to indicate whether
     or not it is receiving State-appropriated funds. If the facility
     indicates on the form that it is not receiving State-
     appropriated funds, the department shall regard its report as
     confidential unless it receives other evidence which causes it
     to conclude that the facility receives State-appropriated funds.
        (g)  Report of maternal death.--After 30 days' public notice,
     the department shall henceforth require that all reports of
     maternal deaths occurring within the Commonwealth arising from
     pregnancy, childbirth or intentional abortion 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
     and shall issue such regulations as are necessary to assure that
     such information is reported, conducting its own investigation
     if necessary in order to ascertain such data. 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
     arising from induced abortion. The department shall annually
     compile a statistical report for the General Assembly based upon
     the data gathered under this subsection, and all such
     statistical reports shall be available for public inspection and
     copying.
        (h)  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, which
     report shall be on forms prescribed by the department, which
     forms shall contain the following information, as received, and
     such other information except the name of the patient as the
     department may from time to time require:
            (1)  Age of patient.
            (2)  Number of pregnancies patient may have had prior to
        the abortion.
            (3)  Number and type of abortions patient may have had
        prior to this abortion.
            (4)  Name and address of the facility where the abortion
        was performed.
            (5)  Gestational age of the unborn child at the time of
        the abortion, if known.
            (6)  Type of abortion performed, if known.
            (7)  Nature of complication or complications.
            (8)  Medical treatment given.
            (9)  The nature and extent, if known, of any permanent
        condition caused by the complication.
        (i)  Penalties.--
            (1)  Any person required under this section to file a
        report, keep any records or supply any information, who
        willfully fails to file such report, keep such records or
        supply such information at the time or times required by law
        or regulation is guilty of "unprofessional conduct" and his
        license for the practice of medicine and surgery shall be
        subject to suspension or revocation in accordance with
        procedures provided under the act of October 5, 1978
        (P.L.1109, No.261), known as the Osteopathic Medical Practice
        Act, the act of December 20, 1985 (P.L.457, No.112), known as
        the Medical Practice Act of 1985, or their successor acts.
            (2)  Any person who willfully delivers or discloses to
        the department any report, record or information known by him
        to be false commits a misdemeanor of the first degree.
            (3)  In addition to the above penalties, any person,
        organization or facility who willfully violates any of the
        provisions of this section requiring reporting shall upon
        conviction thereof:
                (i)  For the first time, have its license suspended
            for a period of six months.
                (ii)  For the second time, have its license suspended
            for a period of one year.
                (iii)  For the third time, have its license revoked.
     (Mar. 25, 1988, P.L.262, No.31, eff. 30 days; Nov. 17, 1989,
     P.L.592, No.64, eff. imd.)

        1989 Amendment.  Act 64 amended subsec. (a). See sections 7,
     8 and 9 of Act 64 in the appendix to this title for special
     provisions relating to publication of forms and materials,
     applicability of reporting and distribution requirements and
     effective date.
        1988 Amendment.  Act 31 amended subsecs. (a), (e), (f), (h)
     and (i).
        References in Text.  The act of June 21, 1957 (P.L.390,
     No.212), referred to as the Right-to-Know Law, referred to in
     subsec. (e)(2), was repealed by the act of February 14, 2008
     (P.L.6, No.3), known as the Right-to-Know Law.
        Cross References.  Section 3214 is referred to in section
     3220 of this title.