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Reports; confidentiality, A.R.S. § 36-2163
Link to the law
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“Reports; confidentiality; annual statistical report; violations; classification; unprofessional conduct”
Health care providers and professionals, when reporting abortions and abortion complications to the department of health services, may not include the name of the woman that had the abortion, common identifiers (e.g., social security number, driver’s license number, etc.), or any other information that could lead to the identification of a woman that had or sought to have an abortion.
The department of health services must annually generate a statistical report based on the reported abortion information and make this report available on the department website. The report may not include any information that could lead to the identification of a woman that had an abortion or a reporting provider.
Abortion reports are not public records. Information from these reports may only be released in the annual statistical report or to law enforcement officials that obtain a court order compelling disclosure of the information. The Arizona medical board and the Arizona board of osteopathic examiners may access copies of abortion reports when access is necessary to perform their official duties. These boards must maintain the confidentiality of any abortion reports they access.
Department of health services employees, agents, or contractors that disclose information from abortion reports without authorization are criminally liable for a class 3 misdemeanor. Persons that willfully report false information to the department are criminally liable for a class 1 misdemeanor.
Arizona classifies the failure to comply with abortion reporting requirements or recordkeeping requirements as an act of unprofessional conduct that could lead to the suspension or revocation of a provider’s professional license. The department may impose civil penalties or sanction an organization or facility that fails to comply with the reporting requirements. Facilities and organizations may also face denial, suspension, or revocation of their license.
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