28-3,107 Report to Department of Health and Human Services; contents; department; issue public report; failure to file report; late fee; prohibited acts; penalty. - Nebraska Statutes

28-3,107. Report to Department of Health andHuman Services; contents; department; issue public report; failure to filereport; late fee; prohibited acts; penalty.(1) Any physician who performs or inducesor attempts to perform or induce an abortion shall report to the Departmentof Health and Human Services, on a schedule and in accordance with forms andrules and regulations adopted and promulgated by the department:(a) If a determinationof probable postfertilization age was made, the probable postfertilizationage determined and the method and basis of the determination;(b) If a determinationof probable postfertilization age was not made, the basis of the determinationthat a medical emergency existed;(c) If the probable postfertilization agewas determined to be twenty or more weeks, the basis of the determinationthat the pregnant woman had a condition which so complicated her medical conditionas to necessitate the abortion of her pregnancy to avert her death or to avertserious risk of substantial and irreversible physical impairment of a majorbodily function, or the basis of the determination that it was necessary topreserve the life of an unborn child; and(d) The method used for the abortion and,in the case of an abortion performed when the probable postfertilization agewas determined to be twenty or more weeks, whether the method of abortionused was one that, in reasonable medical judgment, provided the best opportunityfor the unborn child to survive or, if such a method was not used, the basisof the determination that termination of the pregnancy in that manner wouldpose a greater risk either of the death of the pregnant woman or of the substantialand irreversible physical impairment of a major bodily function of the womanthan would other available methods.(2) By June 30 of each year, the departmentshall issue a public report providing statistics for the previous calendaryear compiled from all of the reports covering that year submitted in accordancewith this section for each of the items listed in subsection (1) of this section.Each such report shall also provide the statistics for all previous calendaryears during which this section was in effect, adjusted to reflect any additionalinformation from late or corrected reports. The department shall take careto ensure that none of the information included in the public reports couldreasonably lead to the identification of any pregnant woman upon whom an abortionwas performed.(3) Any physician who fails to submit a report by the end of thirtydays following the due date shall be subject to a late fee of five hundreddollars for each additional thirty-day period or portion of a thirty-day periodthe report is overdue. Any physician required to report in accordance withthe Pain-Capable Unborn Child Protection Act who has not submitted a report,or has submitted only an incomplete report, more than one year following thedue date, may, in an action brought in the manner in which actions are broughtto enforce the Uniform Credentialing Act pursuant to section 38-1,139, bedirected by a court of competent jurisdiction to submit a complete reportwithin a time period stated by court order or be subject to civil contempt.Failure by any physician to conform to any requirement of this section, otherthan late filing of a report, constitutes unprofessional conduct pursuantto section 38-2021. Failure by any physician to submit a complete report inaccordance with a court order constitutes unprofessional conduct pursuantto section 38-2021. Intentional or reckless falsification of any report requiredunder this section is a Class V misdemeanor.(4) Within ninety daysafter October 15, 2010, the department shall adopt and promulgate rules andregulations to assist in compliance with this section. SourceLaws 2010, LB1103, § 6.Operative Date: October 15, 2010 Cross ReferencesUniform Credentialing Act, see section 38-101.