An Act To Ensure Systematic Reporting of Abortions
Maine Legislature, Session 122, LD 1479
Committee: Judiciary
Sponsors: DAVIS, BOWLES, ANDREWS, MARTIN, PERRY, PLOWMAN, CARR, JOY, THOMAS

Legislative Document 
No. 1479 
S.P.504 
In Senate, March 24, 2005 
An Act To Ensure Systematic Reporting of Abortions 
Reference to the Committee on Judiciary suggested and ordered printed. 
Presented by Senator DAVIS of Piscataquis. 
Cosponsored by Representative BOWLES of Sanford and 
JOY J. O'BRIEN 
Secretary of the Senate 
Senators: ANDREWS of York, MARTIN of Aroostook, PERRY of Penobscot, PLOWMAN of 
Penobscot, Representatives: CARR of Lincoln, JOY of Crystal, THOMAS of Ripley. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. I. 22 MRSA H596-A is enacted to read: 
§1596-A. 
Abortion reporting 
~. 
Definitions. 
As 
used 
in 
context 
otherwise 
indicates, 
the 
this 
section, 
unless 
following 
terms 
have 
the 
the 
following meanings. 
A. 
"Abortion" 
includes 
both 
induced 
abortion 
and 
spontaneous abortion. 
B. 
"Induced abortion" 
means 
the 
use 
of 
any 
means 
to 
intentionally terminate the pregnancy of a female known to 
be pregnant. with knowledge that the termination by those 
means wilL with reasonable likelihood, cause the death of 
the fetus. 
C. 
"Spontaneous 
abortion" 
means 
any 
termination 
of 
a 
pregnancy of a female known to be pregnant that is not an 
induced abortion and does not result in a live birth. 
2. 
Reporting 
form. 
The 
following 
provisions 
govern 
reporting forms. 
A. 
No later than 90 CJ.E_S after the effective date of this 
section, the department shall prepare a reporting form for 
any physician performing abortions or treating patients in 
connection with abortions. 
A copy of this section must be 
attached to the reporting form. 
B. 
Any physician performing abortions or treating patients 
in connection with abortions shall obtain the reporting form 
from the department. 
C. 
The 
reporting 
form 
must 
require 
the 
follow.:Lng 
information: 
(1) 
The number of induced abortions performed and the 
number of spontaneous abortions treated in the previous 
calendar year, broken down by month; 
The 
method 
of 
abortion used 
for 
each 
induced 
abortion; 
(3) The approximate gestational age, in weeks, of the 
unborn child involved in each abortion; 
(4) The age of the mother at the time of the abortions; 
3D 
(5) 
The 
specific 
reason for 
each 
induced abortion, 
including, but not limited, to the following: 
( a) 
The pregnancy was a result of rape; 
( b) 
The pregnancy was a result of incest: 
(c) 
The mother cannot afford a child; 
( d) 
The mother does not desire to have a child; 
(e} 
The mother's emotional health is gt ;;!tak~; 
(0 
The 
mother __ ~w~l~'~1~1 __ ~s~u~f~f~e~r~~s~u~b~s~t~a~n~t~l~'2a~l~~a~n~d 
irreversible impairment of a major bodily function 
if the pregnancy continues; or 
(g} 
Other; 
(6) 
Whether each induced abortion was paid for by: 
(a} 
Private insurance; 
(b) 
A public health plan; or 
id Other: 
(7} 
Whether insurance coverage, if any, was by: 
(a} 
A fee-for-service insurance company: 
(b) 
A managed care insurance company: or 
(c) 
Other: 
(8) 
Complications, if any, of each abortion and of the 
aftermgth of 
each abortion. 
Space 
for 
complication 
descriptions must be available on the reporting form; 
(9) 
The fee 
colAe~5ed for performinq each abortion or 
treating each patient in connection with an abortion; 
il.Ql 
The_--.type of anesthetic, if any, 
used for each 
induced abortion; 
remains; 
(12) 
The $~ecialt~rea of the physician: 
(13 ) 
Whether the mother consented to donating fetal 
remains for medical research; 
l(~1~4~) __ -2W~h~e~t~h~e~r __ ~t~h~e~~p~h~y~sician 
abortion has 
been subject to 
suspension or other professional 
performing 
an 
induced 
license revocation or 
sanction; and 
(15) The number of previous abortions the mother has 
had. 
3. 
Induced 
abortion 
complication 
report 
form. 
The 
following provisions govern induced abortion complication report 
forms. 
A. 
No later than 90 days after the effective date of this 
section, the department shall prepare an induced abortion 
complication report form for all physicians licensed and 
practicing in this State. 
A copy of this section must be 
attached to the induced abortion complication report form. 
B. 
The Board of Licensure in Medicine and the 
~teopathic Licensure shall ensure that induced 
complication report forms reguired by this section, 
with a copy of this section, are provided: 
Board of 
abortion 
together 
(1) 
No later than 120 days after the effective date o~ 
this section to all physicians licensed to practice 1n 
this State; 
( 2) 
To 
each 
physician 
who 
subseguently 
becomes 
licensed to practice in this State at the same time 
that official notification is made to that physician 
that the physician is so licensed; and 
(3) 
By 
December 1st of each year, 
other than the 
calendar 
year 
in 
which 
the 
induced 
abortion 
complication report forms are distributed in accordance 
with subparagraph 
1, 
to all physicians 
licensed to 
practice in this State. 
c. 
Any physician practicing in this State who encounters an 
illness or injury that is related to an induced abortion 
shall complete and submit an induced abortion complication 
report form to the department. 
D. 
Any physician reguired to submit an induced abortion 
complication report form to the department shall do so as 
soon 
as 
is 
practicable 
after 
the 
encounter 
with 
the 
induced-abortion-related illness or injury, but in no case 
more than 60 days after such an encounter. 
Unacceptable 
~~lay or failure to submit an inQuced abortion complication 
report form must be sanctioned according to the penalties 
imposed by this section. 
4. 
Tim~-" __ 3lJ_~.i.QJl.Q}·dJ}g_-£_rovisj._ons govern deadlines for 
reporting forms and public reports. 
A. 
A physician performing an abortion or treating a patient 
in connection with an abortion shall complete and submit a 
reporting form pursuant to subsection 2 to the department no 
later than April 1st for abortions performed or conditions 
relating to abortions treated in the~viQus calendar year. 
B. 
By July lst ofeacJl_~<;l 
__ L~e department shall issue a 
public 
report 
providing 
the 
same 
detailed 
information 
required in the reporting forms 
and the induced abortion 
complication report forms. 
The public report must cover the 
entire previous calendar year and must be compiled from the 
~~ in all the reporting forms and the induced abortion 
complication report forms 
submitted to the department in 
accordance with this section. 
Each such public report must 
also provide 
such detailed information for 
all previous 
calendar 
years, 
adjusted 
to 
reflect 
any 
additional 
information from late or corrected reports. 
The department 
shall take care to ensure that none of the 
i __ nformQtion 
included in the public reports could reasonably lead to 
identification of anY-PDysician who performed an abortion or 
treated a patient in connection with an abortion or of any 
mother who has had an abortion~ 
C. 
The department may, by routine technical rules adopted 
pursuant to Title 5~pter 375, subchapter 2-A, alter the 
dates established by paragraphs A and B for administrative 
convenience or fiscal savings or other valid reason, as long 
as 
physicians 
performing 
induced 
abortions 
submit 
a 
reportin~orm once a year and the department issues its 
public report once a year. 
enforcement of this section. 
A. 
A physician who fails to submit a 
reporting form as 
~uired 
under 
subsection 
or 
an 
induced 
abortion 
complication report form as required under subsection 3 more 
than 30 
c1Qll~.Q)'-.1.owin'L~due d~te under subsection 3 or 4 is 
subject to a late fee of $500 for each additional 30-day 
ger iod 
that._j:~Jle form is overdue. 
A physician required to 
~ort in accordance with this section who has not submitted 
a form, or who has submitted an incomplete form, more than 
one 
year 
following 
the 
d~ date 
may 
be 
assessed 
the 
appropriate 
late fee 
and, 
in 
an 
action brought 
by 
the 
department, be dire~ted by a court of competent jurisdiction 
to submit a comllete form within a period stated by court 
order or be subject to sanctions for civil contempt. 
B. 
If the department fails 
to issue the public report 
£equired by-
th.L~_s~J;,j..Q_~J'~XQj.Js in any way to 
enforc~ 
this section's provisions, anL-group of 10 or more citizens 
of this State may 
se~k an 
inj~JlJ;;.tLQn in a court of competent 
jurisdiction 
against 
the 
commissioner 
reauiring 
that 
a 
complete public 
rePQXLJ2~-.is....s"1!~d within a 
peri~tated by 
court order or that enforcement action be taken. 
Failure to 
abide by such an injunction subjects the commissioner to 
sanctions for civil contempt. 
C. 
Anyone 
w:q~knowirrgly or 
r.:j!_<;;kle~_s..lL f ail s 
to 
submiL......Q 
form or submits false information under this section commits 
a Class E crime. 
D. 
The 
departm~A~y--take reasonable 
s~s to 
ensure 
observance of this section and to verify data provided L 
including, but not limited to, inspection of places where 
ind1!ced abortions are perlor-med in accordance with relevant 
statutes. 
6. 
General requirement. 
A report made under this section 
may not include the name of any female having an abortion. 
SUMMARY 
This bill requires physicians who perform abortions or treat 
patients in connection with abortions to report annually to the 
Department of Health and Human Services on forms developed by the 
department. 
It also requires physicians who encounter an illness 
or injury that is related to an induced abortion to complete and 
submit 
an 
induced 
abortion 
complication 
report 
form 
to 
the 
department. 
It requires 
the 
department 
to 
issue 
annually 
a 
public report that provides information compilec1 from the forms 
filed with the department. 
The public report may not contain 
information that could reasouably lead to the identif icatioll of 
any physician who performed an abortion or any woman who has had 
an abortion.