3701-47-03 Physician abortion reports.

Rule Summary and Fiscal Analysis (Part A)

Department of Health

Agency Name

Kaye Norton

Division                                                                  Contact

246 North High Street Columbus OH 43215-0000

614-644-8184

Agency Mailing Address (Plus Zip)

Phone

Fax

3701-47-03
Rule Number
NEW
TYPE of rule filing
Rule Title/Tag Line              Physician abortion reports.
RULE SUMMARY
1. Is the rule being filed consistent with the requirements of the RC 119.032 review? No
2. Are you proposing this rule as a result of recent legislation? Yes
Bill Number: HB129               General Assembly: 78             Sponsor: Reps. Uecker and
Roegner
3. Statute prescribing the procedure in accordance with the agency is required to adopt the rule: 111.15
4. Statute(s) authorizing agency to adopt the rule: 2919.171
5. Statute(s) the rule, as filed, amplifies or implements: 2919.17, 2919.171, 2919.18
6. State the reason(s) for proposing (i.e., why are you filing,) this rule:
Ohio House Bill 78 Section 2919.171 requires the Ohio Department of Health to adopt rules within ninety days of the effective date (October 20, 2011) of R.C. Section 2919.171. ODH originally filed this rule on 10/6/2011 stating inaccurately that it was promulgated under R.C. 119.03. ODH withdrew the filing on November 2, 2011 and is original filing the rule again showing the rule is promulgated uder
R.C. 115.15. Although public hearings are not mandatory for rules promulgated under R.C. 115.15, ODH intends to go ahead with a public hearing as originally
scheduled for 2:00 p.m. Thursday, November 10, 2011 at the Ohio Department of Health, 35 E. Chestnut Street, Coumbus, Ohio 43215 in the Basement Conference Room A/B. Please direct any testimony to odhrules@odh.ohio.gov, or by fax to 614-564-2509.
7. If the rule is an AMENDMENT, then summarize the changes and the content of the proposed rule; If the rule type is RESCISSION, NEW or NO CHANGE, then summarize the content of the rule:
This rule addresses reporting requirements for physicians who perform or induce or attempt to perform or induce an abortion on a woman after the beginning of the twentieth week of gestation.
8. If the rule incorporates a text or other material by reference and the agency claims the incorporation by reference is exempt from compliance with sections
121.71 to 121.74 of the Revised Code because the text or other material is generally available to persons who reasonably can be expected to be affected by the rule, provide an explanation of how the text or other material is generally available to those persons:
This rule references sections of the Ohio Revised Code (R.C.). The R.C. is generally available in libraries and on the internet to persons who reasonably can be expected to be affected by the rule.
9. If the rule incorporates a text or other material by reference, and it was infeasible for the agency to file the text or other material electronically, provide an explanation of why filing the text or other material electronically was infeasible:
Ohio Revised Code 121.76 exempts agencies from filing copies of Ohio law and regulations cited in the text of a rule.
10. If the rule is being rescinded and incorporates a text or other material by reference, and it was infeasible for the agency to file the text or other material, provide an explanation of why filing the text or other material was infeasible:
Not Applicable.
11. If revising or refiling this rule, identify changes made from the previously filed version of this rule; if none, please state so:
11/30/2011 - The proposed changes to rule 3701-47-03 are based on public
comments received from interested parties, testimony at the public hearing on November 10, 2011, and continued review by the department.
The proposed changes clarify that physicians shall include the following information in reports submitted to the department: 1) that they performed the gestational age and viability testing within 48 hours of the procedure; 2) the type of testing performed to determine gestational age; and 3) the specify nature of the risk to the woman where a physician finds that the abortion is necessary to prevent death or the substantial and irreversible impairment of a major bodily function of the pregnant woman. The proposed revisions also add a catch-up reporting provision to capture information for those procedures done between October 20, 2011 and the effective date of the rule. Finally, the proposed revisions would require electronic reporting when implemented by the department.
11/3/2011 - This rule is being revise filed to correctly state that the rule is being amended due to requirements of H.B 78 of the 129th General Assembly, and to add that the time for the public hearing on November 10, 2011 is 2:00 p.m.
12. 119.032 Rule Review Date:
(If the rule is not exempt and you answered NO to question No. 1, provide the scheduled review date. If you answered YES to No. 1, the review date for this rule is the filing date.)
NOTE: If the rule is not exempt at the time of final filing, two dates are required: the current review date plus a date not to exceed 5 years from the effective date for Amended rules or a date not to exceed 5 years from the review date for No Change rules.
FISCAL ANALYSIS
13. Estimate the total amount by which this proposed rule would increase
/decrease either revenues /expenditures for the agency during the current biennium (in dollars): Explain the net impact of the proposed changes to the budget of your agency/department.
This will decrease expenditures.
$16,620.00
Data keying cost = an additional 50 fields at .003/field for 28,000 records ($4,500)
Data collection = approximately 3 weeks to add programming and analysis to our existin system ($5,000)
Traiing/education = approximately 2 weeks for new forms and online training
($3,280)
Monitoring of completeness = 1 clerk/days a month (3,840) Total estimate = $16,620.00
14. Identify the appropriation (by line item etc.) that authorizes each expenditure necessitated by the proposed rule:
N/A
15. Provide a summary of the estimated cost of compliance with the rule to all directly affected persons. When appropriate, please include the source for your information/estimated costs, e.g. industry, CFR, internal/agency:
This rule will increase administrtive costs for physicians who perform abortions. While the full extent of such costs is difficult to determine, it is likely to be minimal, because physicians are already required to report information regarding abortions to the Ohio Department of Health.
16. Does this rule have a fiscal effect on school districts, counties, townships, or municipal corporations? No
17. Does this rule deal with environmental protection or contain a component dealing with environmental protection as defined in R. C. 121.39? No