Second Regular Session
Seventy-third General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 22-0653.01 Kristen Forrestal x4217
HOUSE BILL 22-1075
House Committees Senate Committees
Health & Insurance
A BILL FOR AN ACT
C
ONCERNING INFORMATION REG ARDING INDUCED TERMINATIONS OF101
PREGNANCIES REPORTED TO THE STATE REGISTRAR OF VITAL102
STATISTICS.103
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
The bill requires health-care providers that perform induced
terminations of pregnancies to report specified information concerning
the women who obtain the procedure to the state registrar of vital
statistics in the department of public health and environment in an
electronic format as prescribed by the state registrar. The reported
HOUSE SPONSORSHIP
Luck, Pico, Ransom
SENATE SPONSORSHIP
(None), Kirkmeyer
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing statute.
Dashes through the words indicate deletions from existing statute. information must not include information that could identify the women
who obtained induced terminations of pregnancies.
The bill requires the state registrar to annually create a summary
report of the information reported by health-care providers and to make
the report available to the public. The bill places limitations on how and
to whom the state registrar may release the information reported to the
state registrar. A physician or physician assistant who falsifies or fails to
submit the required information engages in unprofessional conduct
pursuant to the "Colorado Medical Practice Act". An advanced practice
registered nurse who falsifies or fails to submit the required information
is subject to discipline pursuant to the "Nurse and Nurse Aide Practice
Act".
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. Legislative declaration. (1) The general assembly2
hereby finds and declares that:3
(a) The goals of the department of public health and environment4
(department) regarding the vital statistics program include:5
(I) Analyzing and disseminating timely, complete, and6
high-quality vital statistics data;7
(II) Transforming data into products and information that drive8
evidence-based decisions;9
(III) Helping to translate data into meaningful information and10
action;11
(IV) Assisting with disease, injury, and violence prevention;12
(V) Supporting maternal and child health activities;13
(VI) Informing the public about policy and health promotion14
efforts; and15
(VII) Improving the health and lives of all Coloradans;16
(b) Current vital statistics data regarding induced terminations of17
pregnancies are inaccurate and, according to the department, health-care18
providers do not consistently report such vital statistics to the state. The19
HB22-1075-2- Guttmacher Institute has previously reported that abortions occur1
approximately 40% more frequently than the figures published by the2
department suggest.3
(c) Regardless of one's position on abortion rights, accurate vital4
statistics data is widely regarded as crucial to reproductive health research5
and public health policy. The American College of Obstetricians and6
Gynecologists recognizes that "Obstetrician-gynecologists play an7
essential role in ensuring accurate representation of pregnancy-related and8
pregnancy-associated deaths and other vital statistics for policy makers,9
public health institutions, and researchers." As noted in Maternal Health,10
"Incomplete reporting of pregnancy remains a fundamental shortcoming11
to the study of US fertility-related experiences. Efforts to improve12
abortion reporting are needed to strengthen the quality of pregnancy data13
to support maternal, child, and reproductive health research." Without14
accurate abortion statistics, it is impossible for the state to assess the15
impact of public and private health interventions on the incidence of16
abortion in Colorado.17
(d) The reasons women pursue abortion in Colorado are18
incompletely understood. National surveys by the Guttmacher Institute19
have identified the principal reasons women seek abortions at large20
abortion clinics. However, these surveys are compromised by poor21
participation and do not reflect the specific demographics of Colorado.22
(e) The standard of care for abortion providers entails obtaining23
a complete reproductive health-care history, including family planning24
methods, sexual history, and reasons for pursuing an abortion; and25
(f) Sex trafficking of adolescents and young adults is both a26
human rights violation and a public health problem in Colorado. Studies27
HB22-1075
-3- suggest that 37% to 50% of sex trafficking victims encounter health-care1
providers while they are being trafficked. Abortion providers are one of2
the well-recognized health-care interfaces, and thus abortion providers3
can play an important role in the identification of and response to the sex4
trafficking of minors. Studies have suggested that over 50% of victims5
have an abortion and 30% reported having multiple abortions because of6
sex trafficking. Conducting a comprehensive reproductive health-care7
history is one way to flag at-risk individuals.8
(2) Therefore, the state of Colorado has a compelling interest in9
requiring:10
(a) Health-care providers who perform induced terminations of11
pregnancies to report to the state registrar of vital statistics certain12
information concerning women who obtain the procedure; and13
(b) The state registrar to annually create a summary report of such14
information and make the report available to the public.15
SECTION 2. In Colorado Revised Statutes, 12-240-121, add16
(1)(hh) as follows:17
12-240-121. Unprofessional conduct - definitions.18
(1) "Unprofessional conduct" as used in this article 240 means:19
(hh) F
ALSIFYING OR FAILING TO SUBMIT TO THE STATE REGISTRAR20
OF VITAL STATISTICS INFORMATION CONCERNING INDUCED TERMINATIONS21
OF PREGNANCIES AS REQUIRED BY SECTION 25-2-110.3.22
SECTION 3. In Colorado Revised Statutes, 12-255-120, amend23
(1)(gg); and add (1)(ii) as follows:24
12-255-120. Grounds for discipline - definitions. (1) "Grounds25
for discipline", as used in this part 1, means any action by any person26
who:27
HB22-1075
-4- (gg) Is diverting or has diverted a controlled substance, as defined1
in section 18-18-102 (5), or any other drug having similar effects from the2
person's place of employment; or3
(ii) F
ALSIFIES OR FAILS TO SUBMIT TO THE STATE REGISTRAR OF4
VITAL STATISTICS INFORMATION CONCERNING INDUCED TERMINATIONS OF5
PREGNANCIES AS REQUIRED BY SECTION 25-2-110.3.6
SECTION 4. In Colorado Revised Statutes, add 25-2-110.3 as7
follows:8
25-2-110.3. Induced termination of pregnancy - report9
required - unprofessional conduct - rules - definitions. (1) A
S USED IN10
THIS SECTION, UNLESS THE CONTEXT OTHERWISE REQUIRES :11
(a) "H
EALTH-CARE PROVIDER" MEANS:12
(I) A
PHYSICIAN OR PHYSICIAN ASSISTANT LICENSED PURSUANT TO13
ARTICLE 240 OF TITLE 12;14
(II) A
N ADVANCED PRACTICE REGISTERED NURSE , AS DEFINED IN15
SECTION 12-255-104 (1); OR16
(III) A
HEALTH FACILITY LICENSED OR CERTIFIED PURSUANT TO17
SECTION 25-1.5-103.18
(b) "ICD-11
CODE" MEANS A CODE CONTAINED IN THE ELEVENTH19
REVISION OF THE INTERNATIONAL CLASSIFICATION OF DISEASES CODING20
SYSTEM CREATED BY THE WORLD HEALTH ORGANIZATION, WHICH21
CLASSIFICATION IS USED BY HEALTH-CARE PROVIDERS TO CLASSIFY AND22
CODE ALL DIAGNOSES, SYMPTOMS, AND PROCEDURES.23
(2) A
HEALTH-CARE PROVIDER THAT PERFORMS INDUCED24
TERMINATIONS OF PREGNANCIES IN THIS STATE SHALL FILE A REPORT WITH25
THE STATE REGISTRAR, IN AN ELECTRONIC FORM AND MANNER PRESCRIBED26
BY THE STATE REGISTRAR , OF EACH INDUCED TERMINATION OF27
HB22-1075
-5- PREGNANCY. THE REPORT SHALL BE BASED ON A COMPLETE1
REPRODUCTIVE HEALTH-CARE HISTORY OF EACH WOMAN WHO OBTAINS AN2
INDUCED TERMINATION OF PREGNANCY AND SHALL INCLUDE :3
(a) T
HE WOMAN'S AGE;4
(b) T
HE WOMAN'S RACE AND ETHNICITY;5
(c) T
HE WOMAN'S MARITAL STATUS;6
(d) T
HE NUMBER OF PREVIOUSLY INDUCED TERMINATIONS OF7
PREGNANCIES THE WOMAN HAS RECEIVED , IF ANY;8
(e) T
HE NUMBER OF LIVING CHILDREN THE WOMAN HAS , IF ANY;9
(f) A
CLINICAL ESTIMATE OF THE GESTATIONAL AGE OF THE FETUS;10
(g) T
HE METHOD OF FAMILY PLANNING EMPLOYED BY THE WOMAN11
AT THE TIME OF HER PREGNANCY, INCLUDING:12
(I) N
O METHOD UTILIZED;13
(II) N
ATURAL FAMILY PLANNING TECHNIQUES ;14
(III) O
RAL CONTRACEPTIVE PILLS; OR15
(IV) L
ONG-ACTING REVERSIBLE CONTRACEPTIVES ;16
(h) T
HE REASON FOR THE INDUCED TERMINATION OF PREGNANCY ,17
IF INDICATED BY THE WOMAN , INCLUDING WHETHER THE REASON WAS18
ELECTIVE DUE TO:19
(I) I
NTERFERENCE WITH THE WOMAN 'S EDUCATION;20
(II) I
NTERFERENCE WITH THE WOMAN 'S EMPLOYMENT OR CAREER;21
(III) T
HE FINANCIAL INSECURITY OF THE WOMAN , INCLUDING IF22
SHE IS:23
(A) U
NEMPLOYED;24
(B) C
ANNOT SEPARATE FROM EMPLOYMENT TO CARE FOR A CHILD ;25
(C) C
ANNOT AFFORD CHILD CARE;26
(D) C
ANNOT AFFORD HOUSING; OR27
HB22-1075
-6- (E) CANNOT RELY ON ASSISTANCE FROM A PARTNER ;1
(IV) T
HE WOMAN'S DETERMINATION THAT SHE WAS NOT READY OR2
WILLING TO BECOME A PARENT BECAUSE SHE :3
(A) I
S NOT EMOTIONALLY OR MENTALLY PREPARED ;4
(B) I
S NOT READY FOR ANOTHER CHILD ;5
(C) I
S TOO YOUNG OR TOO OLD;6
(D) D
OES NOT WANT OTHERS TO KNOW SHE WAS SEXUALLY7
ACTIVE OR PREGNANT; OR8
(E) D
OES NOT WANT TO HAVE A CHILD OR PLACE A CHILD UP FOR9
ADOPTION;10
(V) A
DYNAMIC RELATED TO THE WOMAN 'S PARTNER, SUCH AS11
SHE:12
(A) H
AS NO PARTNER;13
(B) H
AS A NEW PARTNER;14
(C) H
AS A PARTNER THAT IS UNSUPPORTIVE AND DOES NOT WANT15
A CHILD;16
(D) H
AS DETERMINED HER PARTNER TO BE WRONG FOR HER ;17
(E) H
AS AN ABUSIVE PARTNER; OR18
(F) W
ANTS TO BE MARRIED BEFORE HAVING CHILDREN ;19
(VI) T
HE WOMAN'S DETERMINATION THAT SHE NEEDS TO FOCUS ON20
HER OTHER CHILDREN;21
(VII) T
HE OPPOSITION OF THE WOMAN 'S FAMILY, FRIENDS, OR22
COMMUNITY;23
(VIII) M
ATERNAL HEALTH CONSIDERATIONS , SPECIFIED BY ONE OR24
MORE ICD-11 CODES;25
(IX) A
CONCERN WITH THE HEALTH OF THE FETUS AS A RESULT OF26
DRUG, ALCOHOL, OR PRESCRIPTION DRUG EXPOSURE DURING EARLY27
HB22-1075
-7- PREGNANCY;1
(X) A
FETAL ABNORMALITY , SPECIFYING THE SPECIFIC2
ABNORMALITY;3
(XI) T
HE PREGNANCY WAS THE RESULT OF INCEST OR RAPE ; OR4
(XII) A
NY OTHER REASON SPECIFIED BY THE WOMAN ;5
(i) T
HE TYPE OF INDUCED TERMINATION OF PREGNANCY6
PERFORMED, INCLUDING MEDICAL , SUCTION CURETTAGE , SHARP7
CURETTAGE, DILATION AND EVACUATION , HYSTEROTOMY , OR8
HYSTERECTOMY; AND9
(j) T
HE NAME AND TYPE OF HEALTH FACILITY IN WHICH THE10
INDUCED TERMINATION OF PREGNANCY WAS PERFORMED , IF PERFORMED11
IN A HEALTH FACILITY.12
(3) I
N ADDITION TO ANY OTHER PENALTIES AVAILABLE PURSUANT13
TO THIS ARTICLE 2:14
(a) A
PHYSICIAN OR PHYSICIAN ASSISTANT WHO FALSIFIES OR FAILS15
TO SUBMIT THE INFORMATION AS REQUIRED BY SUBSECTION (2) OF THIS16
SECTION ENGAGES IN UNPROFESSIONAL CONDUCT PURSUANT TO SECTION17
12-240-121 (1)(hh);
AND18
(b) A
N ADVANCED PRACTICE REGISTERED NURSE WHO FALSIFIES19
OR FAILS TO SUBMIT THE INFORMATION AS REQUIRED BY SUBSECTION (2)20
OF THIS SECTION IS SUBJECT TO DISCIPLINE PURSUANT TO SECTION21
12-255-120 (1)(ii).22
(4) A
HEALTH-CARE PROVIDER SHALL NEITHER IDENTIFY A WOMAN23
WHO HAS OBTAINED AN INDUCED TERMINATION OF PREGNANCY IN THE24
REPORT REQUIRED BY SUBSECTION (2) OF THIS SECTION NOR INCLUDE ANY25
INFORMATION OR IDENTIFIER THAT WOULD MAKE IT POSSIBLE TO IDENTIFY26
THE WOMAN IN ANY MANNER OR UNDER ANY CIRCUMSTANCES .27
HB22-1075
-8- (5) (a) THE STATE REGISTRAR:1
(I) S
HALL ANNUALLY CREATE A SUMMARY REPORT OF THE2
INFORMATION PROVIDED TO THE STATE REGISTRAR PURSUANT TO3
SUBSECTION (2) OF THIS SECTION AND MAKE THE SUMMARY REPORT4
AVAILABLE TO THE PUBLIC;5
(II) S
HALL NOT PERMIT INSPECTION OF OR DISCLOSE INFORMATION6
PROVIDED TO THE STATE REGISTRAR PURSUANT TO SUBSECTION (2) OF THIS7
SECTION OR COPY OR ISSUE A COPY OF ALL OR PART OF THE INFORMATION ,8
UNLESS THE STATE REGISTRAR IS SATISFIED THAT THE APPLICANT HAS A9
DIRECT AND TANGIBLE INTEREST IN THE INFORMATION ;10
(III) M
AY PERMIT THE USE OF INFORMATION REPORTED IN11
SUBSECTION (2) OF THIS SECTION FOR STATISTICAL OR RESEARCH12
PURPOSES, SUBJECT TO CONDITIONS THE STATE REGISTRAR MAY IMPOSE .13
T
HE INFORMATION MUST NOT BE FURNISHED FOR RESEARCH PURPOSES14
UNTIL:15
(A) T
HE STATE REGISTRAR HAS PREPARED , IN WRITING, THE16
CONDITIONS UNDER WHICH THE RECORDS OR INFORMATION WILL BE USED ;17
AND18
(B) T
HE STATE REGISTRAR HAS RECEIVED AN AGREEMENT SIGNED19
BY A RESPONSIBLE AGENT OF THE RESEARCH ORGANIZATION AGREEING TO20
THE CONDITIONS.21
(IV) M
AY DISCLOSE INFORMATION REPORTED PURSUANT TO22
SUBSECTION (2) OF THIS SECTION TO FEDERAL , STATE, COUNTY, OR23
MUNICIPAL AGENCIES OF GOVERNMENT , OR DESIGNEES OF THE AGENCIES24
OF GOVERNMENT, THAT REQUEST THE INFORMATION IN THE CONDUCT OF25
THE AGENCIES' OFFICIAL DUTIES.26
(b) N
OTWITHSTANDING SUBSECTION (5)(a) OF THIS SECTION, THE27
HB22-1075
-9- STATE REGISTRAR SHALL NOT RELEASE ANY INFORMATION THAT1
IDENTIFIES THE NAME OF ANY HEALTH FACILITY WHERE AN INDUCED2
TERMINATION OF PREGNANCY IS PERFORMED OR ANY HEALTH -CARE3
PROVIDER WHO PERFORMED AN INDUCED TERMINATION OF PREGNANCY .4
(6) T
HE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF PUBLIC5
HEALTH AND ENVIRONMENT MAY PROMULGATE RULES AS NECESSARY6
CONCERNING THE INFORMATION REQUIRED TO BE REPORTED PURSUANT TO7
THIS SECTION AND THE ELECTRONIC FORM , TIMELINESS, AND MANNER IN8
WHICH THE INFORMATION MUST BE REPORTED .9
SECTION 5. Act subject to petition - effective date. This act10
takes effect at 12:01 a.m. on the day following the expiration of the11
ninety-day period after final adjournment of the general assembly; except12
that, if a referendum petition is filed pursuant to section 1 (3) of article V13
of the state constitution against this act or an item, section, or part of this14
act within such period, then the act, item, section, or part will not take15
effect unless approved by the people at the general election to be held in16
November 2022 and, in such case, will take effect on the date of the17
official declaration of the vote thereon by the governor.18
HB22-1075
-10-