An Act To Amend the Laws Governing Abortion Reporting LR 1636(02)
Maine Legislature, Session 121, LD 1129
Committee Amendment CA_A_H436 (House)
Amends: 22 MRSA §1596

COMMITTEE AMENDMENT "A'to H.P. 832, L.D. 1129, 
Act To Amend the Laws Governing Abortion Reporting" 
Bill, "An 
Amend the bill by striking out everything after the enacting 
clause and before the summary and inserting in its place the 
following: 
I Sec. I. 22 MRSA §1596, sub-§2, as repealed and replaced by PL 
1989, c. 274, §1, is repealed and the following enacted in its 
place: 
2. 
Abortion reports. 
A report of each abortion performed 
must be 
made 
to the 
department 
on 
forms 
prescribed by the 
department. 
A. 
The report form may not identify the patient by name or 
otherwise. 
Any portion of the form that is optional must be 
clearly marked. 
The 
form must include the name of the 
physician. the date of the abortion. the date of the last 
menses, if known, the estimated age of the fetus and the 
procedure used in the abortion. 
The form may reguire the 
reporting of other information. 
B. 
The 
reguired portions 
of 
the 
report 
form 
must 
be 
completely filled out. 
The report form must be prepared and 
signed by the attending physician and transmitted to the 
department no later than 10 days following the end of the 
month in which the abortion is performed. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT .. /}.. to H.P. 832, L.D. 1129 
C. 
The department shall report a person who violates this 
subsection to the Board of Licensure in Medicine within 30 
days of each violation. 
For the purposes of this paragraph, 
each incomplete report is a separate violation. 
D. 
The 
department shall adopt rules to 
implement this 
subsection. 
Rules adopted pursuant to this paragraph are 
routine technical rules as defined in Title 5, chapter 375, 
subchapter 2-A. 
Sec. 2. 22 MRSA §1596, sub-§§4, 5 and 6 are enacted to read: 
4. 
Immunity. 
A physician who reports data on an abortion 
pursuant to this section is immune from any criminal liability 
for that abortion under section 1598. 
5. 
Public information. 
The department shall publish and 
make available to the public: 
A. 
Information and data reported pursuant to subsection 2, 
paragraph A within 60 days from the end of the calendar year 
for which the report forms were submitted, except that the 
name of the physician performing the abortion and the name 
of the person completing the form may not be released: and 
B. 
The 
name of every person reported to the Board of 
Licensure in Medicine under subsection 2, paragraph C and 
the number of times the person violated subsection 2. 
This 
information must be available to the public within 60 days 
from the end of the calendar year for which it was reported. 
6. 
Confidential 
information. 
Except 
as 
provided 
in 
subsection 5, the identity of any physician reporting pursuant to 
this section and the identity of any patient under this section 
is confidential, and the department shall take the steps that are 
necessary to ensure that confidentiality. 
Sec. 3. 22 MRSA §1596, last 1[, as repealed and replaced by PL 
1989, c. 274, §1, is repealed.' 
SUMMARY 
This amendment is the minority report of the Joint Standing 
Committee on Judiciary. 
It replaces the bill. 
This amendment repeals and replaces current law concerning 
abortion reporting. 
The amendment also removes from statute the 
provision that limited the information reported on an abortion to 
that information requested in the United States Standard Report 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT .. 11 .. to H.P. 832, L.D. 1129 
of Induced Termination of Pregnancy, published by the National 
Center for Health Statistics. 
It also clarifies that the name of 
the physician who 
performs an abortion may not be released, 
although the Department of Human Services must make public the 
names 
of 
physicians 
who 
do 
not 
comply 
with 
the 
reporting 
requirement. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 05/08/03 .Mac. 
Office of Fiscal and Program Review 
LD 1129 
An Act To Amend the Laws Governing Abortion Reporting 
LR 1636(02) 
Fiscal Note for Bill as Amended by Committee Amendment 
Committee: Judicial 
Fiscal Note Required: Yes 
Fiscal Note 
Undetermined current biennium cost increase - Other Special Revenue Funds 
Fiscal Detail and Notes 
This legislation will increase the number of complaints to be investigated by the Board of Licensure in Medicine, 
affiliated with the Department of Professional and Financial Regulation. The additional cost associated with the 
additional investigations can not be determined at this time, however, the Board estimates that each investigation w 
cost approximately $1,000 to conduct. The total cost will depend on the number of complaints filed. The ability of 
the Board of Licensure in Medicine to absorb the additional cost of this measure without increasing fees can not be 
determined at this time. Any additional costs to the Department of Human Services can be absorbed by the 
Department utilizing existing resources. 
LR1636(2) - Fiscal Note - Page 1 of 1