CHAPTER 378

FORMERLY

HOUSE BILL NO. 481

AS AMENDED BY HOUSE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTER 31, TITLE 16, RELATING TO VITAL STATISTICS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each house thereof concurring therein):

Section 1. Amend § 3101, Subchapter I, Chapter 31, Title 16 of the Delaware Code by adding thereto a new subdivision "(12)" as follows:

"(12) 'Induced termination of pregnancy' means the purposeful interruption of an intrauterine pregnancy with the intention other than to produce a live-born infant, and which does not result in a live birth. This definition excludes management of prolonged retention of products of conception following fetal death."

Section 2. Amend Subchapter II, Chapter 31, Title 16 of the Delaware Code by adding thereto a new § 3133 as follows:

"§ 3133. Reports of Induced Termination of Pregnancy.

Each induced termination of pregnancy which occurs in this state, regardless of the length of gestation, shall be reported to the Delaware Health Statistics Center within the Bureau of Health Planning and Resources Management by the person in charge or a designated representative of the institution or abortion facility in which the induced termination of pregnancy was performed. If the induced termination of pregnancy was performed outside an institution of abortion facility, the attending physician shall prepare and file the report. Such reporting shall occur within 30 days after the end of the month in which the induced termination of pregnancy was performed. These reports are to be used only for purposes of statistical analysis and shall not be incorporated into the permanent official records of the system of vital statistics. The reporting form shall include only those items recommended by the federal agency responsible for national vital statistics except that it shall not include any item that allows identification of patients or physicians. Furthermore, no statistical analysis shall be released which identifies the reporting institution or abortion facility."

Section 3. Severability.

If any clause, sentence, section, provision or part of this Act shall be adjudged to be unconstitutional or invalid for any reason by any court of competent jurisdiction, such judgment shall not impair, invalidate or affect the remainder of this Act which shall remain in full force and effect.

Section 4. Repealing Clause.

All laws and parts of laws in conflict herewith are hereby repealed to the extent of such conflict.

Section 5. Effective Date.

This Act shall become effective January 1, 1997.

Approved June 20, 1996