2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1061.21. Reports

RS 40:1061.21 - Reports
A. An individual abortion report for each abortion performed or induced shall be completed by the attending physician. The report shall be confidential and shall not contain the name or address of the woman. The report shall include all of the following:
(1) Patient number.
(2) Name and address of the facility at which the abortion was performed or induced.
(3) Date of abortion.
(4) The parish and zip code, if any, in which the pregnant woman resides.
(5)(a) Age of pregnant woman.
(b) If the pregnant woman is a minor, the report shall include all of the following:
(i)(aa) A notation of whether the abortion was performed pursuant to either notarized parental consent or a judicial bypass order as provided for in R.S. 40:1061.14.
(bb) If the abortion was performed pursuant to a judicial bypass order as provided for in R.S. 40:1061.14, the report shall indicate the judicial district of the court that issued the order.
(ii) A notation indicating whether or not the physician or any other staff member of the abortion facility suspected that the minor was the victim of any form of child abuse or neglect and filed a report of such abuse or neglect in accordance with Children's Code Article 610.
(c) If the pregnant woman is a minor and the abortion was performed pursuant to a judicial bypass order as provided for in R.S. 40:1061.14, the report shall include all of the following:
(i) A notation indicating whether or not the minor was required to participate in an evaluation and counseling session with a mental health professional from the Louisiana Department of Health or a staff member from the Department of Children and Family Services as provided for in R.S. 40:1061.14(B)(3)(b).
(ii) A notation indicating whether or not the court issued a protective order for the minor, afforded her the continued services of a court-appointed special advocate, or did both, as authorized in R.S. 40:1061.14(B)(4)(c).
(iii) A notation of whether the judicial bypass was granted because of a finding that the minor girl was mature and capable of giving informed consent, as provided for in R.S. 40:1061.14(B)(4)(b).
(iv) A notation of whether the judicial bypass was granted because of a finding that the performance of the abortion without parental notification and consent was in the best interest of the minor, as provided for in R.S. 40:1061.14(B)(6).
(v) A notation of whether or not the physician or any other staff member of the abortion facility referred the woman to any licensed professional for post-abortion counseling.
(vi) A notation of whether or not the physician or any other staff member of the abortion facility referred the woman to the Louisiana Department of Health or the Department of Children and Family Services for any health services or other human services.
(6) Race.
(7) Marital status.
(8) Number of previous pregnancies.
(9) Educational background.
(10) Number of living children.
(11) Number of previous induced abortions.
(12) Date of last induced abortion.
(13) Date of live birth.
(14) Method of contraception at time of conception, if any.
(15) Date of beginning of last menstrual period.
(16) Medical condition of woman at time of abortion.
(17) Rh type of pregnant woman.
(18) A photographic print or image produced as the result of the ultrasound test required by R.S. 40:1061.10(D).
(19) Type of abortion procedure.
(20) Reason for abortion.
(21) Complications by type.
(22) Type of procedure done after the abortion.
(23) Type of family planning recommended.
(24) Type of additional counseling given.
(25) Signature of attending physician.
(26) Copies, with the name and address obliterated, of the election forms, certificates, and consent forms required pursuant to the provisions of this Chapter.
B. An individual complication report for any post-abortion care performed upon a woman shall be completed by the physician providing such post-abortion care. The report shall include:
(1) The date of the abortion.
(2) The name and address of the facility where the abortion was performed or induced.
(3) The nature of the abortion complication diagnosed or treated.
(4) The name and address of the facility where the post-abortion care was performed.
C. All abortion reports shall be signed by the attending physician and submitted to the Louisiana Department of Health within thirty days after the date of the abortion. All complication reports shall be signed by the physician providing the post-abortion care and submitted to the Louisiana Department of Health within thirty days after the date of the completion of the post-abortion care.
D.(1) The Louisiana Department of Health shall be responsible for collecting all abortion reports and complication reports and collating and evaluating all data gathered therefrom, and shall annually publish a statistical report based on such data from abortions performed in the previous calendar year.
(2) The annual report required by this Subsection shall include a special section addressing abortions performed on minors. This section of the report shall feature, at minimum, a compilation of the information required by the provisions of Paragraph (A)(5) of this Section to be included in individual abortion reports.
E. The Louisiana Department of Health shall, on a quarterly basis, provide to the Department of Children and Family Services and to the attorney general copies of all abortion reports in which a minor pregnant woman under the age of thirteen received an abortion.
F. The provisions of R.S. 40:1061.1 shall apply to this Section.
Added by Acts 1978, No. 435, §1. Amended by Acts 1980, No. 418, §1; Acts 1981, No. 774, §1, eff. July 23, 1981; Acts 1986, No. 948, §1; Acts 1999, No. 1232, §1, eff. July 9, 1999; Acts 2001, No. 1110, §1, eff. June 28, 2001; Acts 2012, No. 685, §1; Redesignated from R.S. 40:1299.35.10 by HCR 84 of 2015 R.S.; Acts 2017, No. 165, §1; Acts 2021, No. 425, §1; Acts 2021, No. 482, §1; Acts 2022, No. 545, §3.