Terms Used In Louisiana Revised Statutes 40:2109.1

  • Department: means the Louisiana Department of Health. See Louisiana Revised Statutes 40:2102
  • Hospital: means any institution, place, building, or agency, public or private, whether for profit or not, with facilities for the diagnosis, treatment, or care of persons who are suffering from illness, injury, infirmity, or deformity or other physical condition for which obstetrical, medical, or surgical services would be available and appropriate and which operates or is affiliated with facilities for the overnight care, observation, or recovery of those persons. See Louisiana Revised Statutes 40:2102

            A. A hospital licensed by the Louisiana Department of Health, pursuant to this Part shall submit a report to the department on patients who present for treatment in the emergency department as a result of complications after an abortion as defined in La. Rev. Stat. 14:87.1. The report shall be confidential, shall be exempt from disclosure pursuant to the Public Records Law, La. Rev. Stat. 44:1 et seq., and shall not contain the name or address of the patient.

            B. The Louisiana Department of Health, in consultation with the Louisiana State Board of Medical Examiners, shall promulgate rules regarding the electronic coding, reporting, and tracking of complications after any abortion that is treated at any hospital.

            C.(1) The report required by Subsection A of this Section shall include the following information, if known:

            (a) The date of the abortion.

            (b) The name and address of the facility where the abortion was performed or induced.

            (c) The nature of the abortion complication diagnosed or treated.

            (d) The name and address of the facility where the post-abortion care was performed.

            (2) Each facility that is subject to the requirements of this Section shall ensure that a staff member of the facility attempts to obtain the information required by Paragraph (1) of this Subsection from any patient prior to the patient’s discharge from the facility who presents for treatment in the emergency department of the facility as a result of complications after an abortion.

            (3) The report shall be submitted on a form created by the Louisiana Department of Health. The Louisiana Department of Health shall publicly report aggregate data annually by facility where the abortion was performed or induced.

            Acts 2021, No. 425, §1.