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Colorado House Bill HB1075

Colorado 2022 Regular Session

Colorado House Bill HB1075 Compare Versions

Only one version of the bill is available at this time.
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11 Second Regular Session
22 Seventy-third General Assembly
33 STATE OF COLORADO
44 INTRODUCED
55
66
77 LLS NO. 22-0653.01 Kristen Forrestal x4217
88 HOUSE BILL 22-1075
99 House Committees Senate Committees
1010 Health & Insurance
1111 A BILL FOR AN ACT
1212 C
1313 ONCERNING INFORMATION REG ARDING INDUCED TERMINATIONS OF101
1414 PREGNANCIES REPORTED TO THE STATE REGISTRAR OF VITAL102
1515 STATISTICS.103
1616 Bill Summary
1717 (Note: This summary applies to this bill as introduced and does
1818 not reflect any amendments that may be subsequently adopted. If this bill
1919 passes third reading in the house of introduction, a bill summary that
2020 applies to the reengrossed version of this bill will be available at
2121 http://leg.colorado.gov
2222 .)
2323 The bill requires health-care providers that perform induced
2424 terminations of pregnancies to report specified information concerning
2525 the women who obtain the procedure to the state registrar of vital
2626 statistics in the department of public health and environment in an
2727 electronic format as prescribed by the state registrar. The reported
2828 HOUSE SPONSORSHIP
2929 Luck, Pico, Ransom
3030 SENATE SPONSORSHIP
3131 (None), Kirkmeyer
3232 Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
3333 Capital letters or bold & italic numbers indicate new material to be added to existing statute.
3434 Dashes through the words indicate deletions from existing statute. information must not include information that could identify the women
3535 who obtained induced terminations of pregnancies.
3636 The bill requires the state registrar to annually create a summary
3737 report of the information reported by health-care providers and to make
3838 the report available to the public. The bill places limitations on how and
3939 to whom the state registrar may release the information reported to the
4040 state registrar. A physician or physician assistant who falsifies or fails to
4141 submit the required information engages in unprofessional conduct
4242 pursuant to the "Colorado Medical Practice Act". An advanced practice
4343 registered nurse who falsifies or fails to submit the required information
4444 is subject to discipline pursuant to the "Nurse and Nurse Aide Practice
4545 Act".
4646 Be it enacted by the General Assembly of the State of Colorado:1
4747 SECTION 1. Legislative declaration. (1) The general assembly2
4848 hereby finds and declares that:3
4949 (a) The goals of the department of public health and environment4
5050 (department) regarding the vital statistics program include:5
5151 (I) Analyzing and disseminating timely, complete, and6
5252 high-quality vital statistics data;7
5353 (II) Transforming data into products and information that drive8
5454 evidence-based decisions;9
5555 (III) Helping to translate data into meaningful information and10
5656 action;11
5757 (IV) Assisting with disease, injury, and violence prevention;12
5858 (V) Supporting maternal and child health activities;13
5959 (VI) Informing the public about policy and health promotion14
6060 efforts; and15
6161 (VII) Improving the health and lives of all Coloradans;16
6262 (b) Current vital statistics data regarding induced terminations of17
6363 pregnancies are inaccurate and, according to the department, health-care18
6464 providers do not consistently report such vital statistics to the state. The19
6565 HB22-1075-2- Guttmacher Institute has previously reported that abortions occur1
6666 approximately 40% more frequently than the figures published by the2
6767 department suggest.3
6868 (c) Regardless of one's position on abortion rights, accurate vital4
6969 statistics data is widely regarded as crucial to reproductive health research5
7070 and public health policy. The American College of Obstetricians and6
7171 Gynecologists recognizes that "Obstetrician-gynecologists play an7
7272 essential role in ensuring accurate representation of pregnancy-related and8
7373 pregnancy-associated deaths and other vital statistics for policy makers,9
7474 public health institutions, and researchers." As noted in Maternal Health,10
7575 "Incomplete reporting of pregnancy remains a fundamental shortcoming11
7676 to the study of US fertility-related experiences. Efforts to improve12
7777 abortion reporting are needed to strengthen the quality of pregnancy data13
7878 to support maternal, child, and reproductive health research." Without14
7979 accurate abortion statistics, it is impossible for the state to assess the15
8080 impact of public and private health interventions on the incidence of16
8181 abortion in Colorado.17
8282 (d) The reasons women pursue abortion in Colorado are18
8383 incompletely understood. National surveys by the Guttmacher Institute19
8484 have identified the principal reasons women seek abortions at large20
8585 abortion clinics. However, these surveys are compromised by poor21
8686 participation and do not reflect the specific demographics of Colorado.22
8787 (e) The standard of care for abortion providers entails obtaining23
8888 a complete reproductive health-care history, including family planning24
8989 methods, sexual history, and reasons for pursuing an abortion; and25
9090 (f) Sex trafficking of adolescents and young adults is both a26
9191 human rights violation and a public health problem in Colorado. Studies27
9292 HB22-1075
9393 -3- suggest that 37% to 50% of sex trafficking victims encounter health-care1
9494 providers while they are being trafficked. Abortion providers are one of2
9595 the well-recognized health-care interfaces, and thus abortion providers3
9696 can play an important role in the identification of and response to the sex4
9797 trafficking of minors. Studies have suggested that over 50% of victims5
9898 have an abortion and 30% reported having multiple abortions because of6
9999 sex trafficking. Conducting a comprehensive reproductive health-care7
100100 history is one way to flag at-risk individuals.8
101101 (2) Therefore, the state of Colorado has a compelling interest in9
102102 requiring:10
103103 (a) Health-care providers who perform induced terminations of11
104104 pregnancies to report to the state registrar of vital statistics certain12
105105 information concerning women who obtain the procedure; and13
106106 (b) The state registrar to annually create a summary report of such14
107107 information and make the report available to the public.15
108108 SECTION 2. In Colorado Revised Statutes, 12-240-121, add16
109109 (1)(hh) as follows:17
110110 12-240-121. Unprofessional conduct - definitions.18
111111 (1) "Unprofessional conduct" as used in this article 240 means:19
112112 (hh) F
113113 ALSIFYING OR FAILING TO SUBMIT TO THE STATE REGISTRAR20
114114 OF VITAL STATISTICS INFORMATION CONCERNING INDUCED TERMINATIONS21
115115 OF PREGNANCIES AS REQUIRED BY SECTION 25-2-110.3.22
116116 SECTION 3. In Colorado Revised Statutes, 12-255-120, amend23
117117 (1)(gg); and add (1)(ii) as follows:24
118118 12-255-120. Grounds for discipline - definitions. (1) "Grounds25
119119 for discipline", as used in this part 1, means any action by any person26
120120 who:27
121121 HB22-1075
122122 -4- (gg) Is diverting or has diverted a controlled substance, as defined1
123123 in section 18-18-102 (5), or any other drug having similar effects from the2
124124 person's place of employment; or3
125125 (ii) F
126126 ALSIFIES OR FAILS TO SUBMIT TO THE STATE REGISTRAR OF4
127127 VITAL STATISTICS INFORMATION CONCERNING INDUCED TERMINATIONS OF5
128128 PREGNANCIES AS REQUIRED BY SECTION 25-2-110.3.6
129129 SECTION 4. In Colorado Revised Statutes, add 25-2-110.3 as7
130130 follows:8
131131 25-2-110.3. Induced termination of pregnancy - report9
132132 required - unprofessional conduct - rules - definitions. (1) A
133133 S USED IN10
134134 THIS SECTION, UNLESS THE CONTEXT OTHERWISE REQUIRES :11
135135 (a) "H
136136 EALTH-CARE PROVIDER" MEANS:12
137137 (I) A
138138 PHYSICIAN OR PHYSICIAN ASSISTANT LICENSED PURSUANT TO13
139139 ARTICLE 240 OF TITLE 12;14
140140 (II) A
141141 N ADVANCED PRACTICE REGISTERED NURSE , AS DEFINED IN15
142142 SECTION 12-255-104 (1); OR16
143143 (III) A
144144 HEALTH FACILITY LICENSED OR CERTIFIED PURSUANT TO17
145145 SECTION 25-1.5-103.18
146146 (b) "ICD-11
147147 CODE" MEANS A CODE CONTAINED IN THE ELEVENTH19
148148 REVISION OF THE INTERNATIONAL CLASSIFICATION OF DISEASES CODING20
149149 SYSTEM CREATED BY THE WORLD HEALTH ORGANIZATION, WHICH21
150150 CLASSIFICATION IS USED BY HEALTH-CARE PROVIDERS TO CLASSIFY AND22
151151 CODE ALL DIAGNOSES, SYMPTOMS, AND PROCEDURES.23
152152 (2) A
153153 HEALTH-CARE PROVIDER THAT PERFORMS INDUCED24
154154 TERMINATIONS OF PREGNANCIES IN THIS STATE SHALL FILE A REPORT WITH25
155155 THE STATE REGISTRAR, IN AN ELECTRONIC FORM AND MANNER PRESCRIBED26
156156 BY THE STATE REGISTRAR , OF EACH INDUCED TERMINATION OF27
157157 HB22-1075
158158 -5- PREGNANCY. THE REPORT SHALL BE BASED ON A COMPLETE1
159159 REPRODUCTIVE HEALTH-CARE HISTORY OF EACH WOMAN WHO OBTAINS AN2
160160 INDUCED TERMINATION OF PREGNANCY AND SHALL INCLUDE :3
161161 (a) T
162162 HE WOMAN'S AGE;4
163163 (b) T
164164 HE WOMAN'S RACE AND ETHNICITY;5
165165 (c) T
166166 HE WOMAN'S MARITAL STATUS;6
167167 (d) T
168168 HE NUMBER OF PREVIOUSLY INDUCED TERMINATIONS OF7
169169 PREGNANCIES THE WOMAN HAS RECEIVED , IF ANY;8
170170 (e) T
171171 HE NUMBER OF LIVING CHILDREN THE WOMAN HAS , IF ANY;9
172172 (f) A
173173 CLINICAL ESTIMATE OF THE GESTATIONAL AGE OF THE FETUS;10
174174 (g) T
175175 HE METHOD OF FAMILY PLANNING EMPLOYED BY THE WOMAN11
176176 AT THE TIME OF HER PREGNANCY, INCLUDING:12
177177 (I) N
178178 O METHOD UTILIZED;13
179179 (II) N
180180 ATURAL FAMILY PLANNING TECHNIQUES ;14
181181 (III) O
182182 RAL CONTRACEPTIVE PILLS; OR15
183183 (IV) L
184184 ONG-ACTING REVERSIBLE CONTRACEPTIVES ;16
185185 (h) T
186186 HE REASON FOR THE INDUCED TERMINATION OF PREGNANCY ,17
187187 IF INDICATED BY THE WOMAN , INCLUDING WHETHER THE REASON WAS18
188188 ELECTIVE DUE TO:19
189189 (I) I
190190 NTERFERENCE WITH THE WOMAN 'S EDUCATION;20
191191 (II) I
192192 NTERFERENCE WITH THE WOMAN 'S EMPLOYMENT OR CAREER;21
193193 (III) T
194194 HE FINANCIAL INSECURITY OF THE WOMAN , INCLUDING IF22
195195 SHE IS:23
196196 (A) U
197197 NEMPLOYED;24
198198 (B) C
199199 ANNOT SEPARATE FROM EMPLOYMENT TO CARE FOR A CHILD ;25
200200 (C) C
201201 ANNOT AFFORD CHILD CARE;26
202202 (D) C
203203 ANNOT AFFORD HOUSING; OR27
204204 HB22-1075
205205 -6- (E) CANNOT RELY ON ASSISTANCE FROM A PARTNER ;1
206206 (IV) T
207207 HE WOMAN'S DETERMINATION THAT SHE WAS NOT READY OR2
208208 WILLING TO BECOME A PARENT BECAUSE SHE :3
209209 (A) I
210210 S NOT EMOTIONALLY OR MENTALLY PREPARED ;4
211211 (B) I
212212 S NOT READY FOR ANOTHER CHILD ;5
213213 (C) I
214214 S TOO YOUNG OR TOO OLD;6
215215 (D) D
216216 OES NOT WANT OTHERS TO KNOW SHE WAS SEXUALLY7
217217 ACTIVE OR PREGNANT; OR8
218218 (E) D
219219 OES NOT WANT TO HAVE A CHILD OR PLACE A CHILD UP FOR9
220220 ADOPTION;10
221221 (V) A
222222 DYNAMIC RELATED TO THE WOMAN 'S PARTNER, SUCH AS11
223223 SHE:12
224224 (A) H
225225 AS NO PARTNER;13
226226 (B) H
227227 AS A NEW PARTNER;14
228228 (C) H
229229 AS A PARTNER THAT IS UNSUPPORTIVE AND DOES NOT WANT15
230230 A CHILD;16
231231 (D) H
232232 AS DETERMINED HER PARTNER TO BE WRONG FOR HER ;17
233233 (E) H
234234 AS AN ABUSIVE PARTNER; OR18
235235 (F) W
236236 ANTS TO BE MARRIED BEFORE HAVING CHILDREN ;19
237237 (VI) T
238238 HE WOMAN'S DETERMINATION THAT SHE NEEDS TO FOCUS ON20
239239 HER OTHER CHILDREN;21
240240 (VII) T
241241 HE OPPOSITION OF THE WOMAN 'S FAMILY, FRIENDS, OR22
242242 COMMUNITY;23
243243 (VIII) M
244244 ATERNAL HEALTH CONSIDERATIONS , SPECIFIED BY ONE OR24
245245 MORE ICD-11 CODES;25
246246 (IX) A
247247 CONCERN WITH THE HEALTH OF THE FETUS AS A RESULT OF26
248248 DRUG, ALCOHOL, OR PRESCRIPTION DRUG EXPOSURE DURING EARLY27
249249 HB22-1075
250250 -7- PREGNANCY;1
251251 (X) A
252252 FETAL ABNORMALITY , SPECIFYING THE SPECIFIC2
253253 ABNORMALITY;3
254254 (XI) T
255255 HE PREGNANCY WAS THE RESULT OF INCEST OR RAPE ; OR4
256256 (XII) A
257257 NY OTHER REASON SPECIFIED BY THE WOMAN ;5
258258 (i) T
259259 HE TYPE OF INDUCED TERMINATION OF PREGNANCY6
260260 PERFORMED, INCLUDING MEDICAL , SUCTION CURETTAGE , SHARP7
261261 CURETTAGE, DILATION AND EVACUATION , HYSTEROTOMY , OR8
262262 HYSTERECTOMY; AND9
263263 (j) T
264264 HE NAME AND TYPE OF HEALTH FACILITY IN WHICH THE10
265265 INDUCED TERMINATION OF PREGNANCY WAS PERFORMED , IF PERFORMED11
266266 IN A HEALTH FACILITY.12
267267 (3) I
268268 N ADDITION TO ANY OTHER PENALTIES AVAILABLE PURSUANT13
269269 TO THIS ARTICLE 2:14
270270 (a) A
271271 PHYSICIAN OR PHYSICIAN ASSISTANT WHO FALSIFIES OR FAILS15
272272 TO SUBMIT THE INFORMATION AS REQUIRED BY SUBSECTION (2) OF THIS16
273273 SECTION ENGAGES IN UNPROFESSIONAL CONDUCT PURSUANT TO SECTION17
274274 12-240-121 (1)(hh);
275275 AND18
276276 (b) A
277277 N ADVANCED PRACTICE REGISTERED NURSE WHO FALSIFIES19
278278 OR FAILS TO SUBMIT THE INFORMATION AS REQUIRED BY SUBSECTION (2)20
279279 OF THIS SECTION IS SUBJECT TO DISCIPLINE PURSUANT TO SECTION21
280280 12-255-120 (1)(ii).22
281281 (4) A
282282 HEALTH-CARE PROVIDER SHALL NEITHER IDENTIFY A WOMAN23
283283 WHO HAS OBTAINED AN INDUCED TERMINATION OF PREGNANCY IN THE24
284284 REPORT REQUIRED BY SUBSECTION (2) OF THIS SECTION NOR INCLUDE ANY25
285285 INFORMATION OR IDENTIFIER THAT WOULD MAKE IT POSSIBLE TO IDENTIFY26
286286 THE WOMAN IN ANY MANNER OR UNDER ANY CIRCUMSTANCES .27
287287 HB22-1075
288288 -8- (5) (a) THE STATE REGISTRAR:1
289289 (I) S
290290 HALL ANNUALLY CREATE A SUMMARY REPORT OF THE2
291291 INFORMATION PROVIDED TO THE STATE REGISTRAR PURSUANT TO3
292292 SUBSECTION (2) OF THIS SECTION AND MAKE THE SUMMARY REPORT4
293293 AVAILABLE TO THE PUBLIC;5
294294 (II) S
295295 HALL NOT PERMIT INSPECTION OF OR DISCLOSE INFORMATION6
296296 PROVIDED TO THE STATE REGISTRAR PURSUANT TO SUBSECTION (2) OF THIS7
297297 SECTION OR COPY OR ISSUE A COPY OF ALL OR PART OF THE INFORMATION ,8
298298 UNLESS THE STATE REGISTRAR IS SATISFIED THAT THE APPLICANT HAS A9
299299 DIRECT AND TANGIBLE INTEREST IN THE INFORMATION ;10
300300 (III) M
301301 AY PERMIT THE USE OF INFORMATION REPORTED IN11
302302 SUBSECTION (2) OF THIS SECTION FOR STATISTICAL OR RESEARCH12
303303 PURPOSES, SUBJECT TO CONDITIONS THE STATE REGISTRAR MAY IMPOSE .13
304304 T
305305 HE INFORMATION MUST NOT BE FURNISHED FOR RESEARCH PURPOSES14
306306 UNTIL:15
307307 (A) T
308308 HE STATE REGISTRAR HAS PREPARED , IN WRITING, THE16
309309 CONDITIONS UNDER WHICH THE RECORDS OR INFORMATION WILL BE USED ;17
310310 AND18
311311 (B) T
312312 HE STATE REGISTRAR HAS RECEIVED AN AGREEMENT SIGNED19
313313 BY A RESPONSIBLE AGENT OF THE RESEARCH ORGANIZATION AGREEING TO20
314314 THE CONDITIONS.21
315315 (IV) M
316316 AY DISCLOSE INFORMATION REPORTED PURSUANT TO22
317317 SUBSECTION (2) OF THIS SECTION TO FEDERAL , STATE, COUNTY, OR23
318318 MUNICIPAL AGENCIES OF GOVERNMENT , OR DESIGNEES OF THE AGENCIES24
319319 OF GOVERNMENT, THAT REQUEST THE INFORMATION IN THE CONDUCT OF25
320320 THE AGENCIES' OFFICIAL DUTIES.26
321321 (b) N
322322 OTWITHSTANDING SUBSECTION (5)(a) OF THIS SECTION, THE27
323323 HB22-1075
324324 -9- STATE REGISTRAR SHALL NOT RELEASE ANY INFORMATION THAT1
325325 IDENTIFIES THE NAME OF ANY HEALTH FACILITY WHERE AN INDUCED2
326326 TERMINATION OF PREGNANCY IS PERFORMED OR ANY HEALTH -CARE3
327327 PROVIDER WHO PERFORMED AN INDUCED TERMINATION OF PREGNANCY .4
328328 (6) T
329329 HE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF PUBLIC5
330330 HEALTH AND ENVIRONMENT MAY PROMULGATE RULES AS NECESSARY6
331331 CONCERNING THE INFORMATION REQUIRED TO BE REPORTED PURSUANT TO7
332332 THIS SECTION AND THE ELECTRONIC FORM , TIMELINESS, AND MANNER IN8
333333 WHICH THE INFORMATION MUST BE REPORTED .9
334334 SECTION 5. Act subject to petition - effective date. This act10
335335 takes effect at 12:01 a.m. on the day following the expiration of the11
336336 ninety-day period after final adjournment of the general assembly; except12
337337 that, if a referendum petition is filed pursuant to section 1 (3) of article V13
338338 of the state constitution against this act or an item, section, or part of this14
339339 act within such period, then the act, item, section, or part will not take15
340340 effect unless approved by the people at the general election to be held in16
341341 November 2022 and, in such case, will take effect on the date of the17
342342 official declaration of the vote thereon by the governor.18
343343 HB22-1075
344344 -10-