DAR File No. 43462

Health, Center for Health Data, Vital Records and Statistics

Rule R436-19

Abortion Reporting

Notice of Proposed Rule

(New Rule)

DAR File No.: 43462
Filed: 12/28/2018 02:40:24 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule filing specifies how the Utah Department of Health plans to ensure that physicians performing abortions collect the abortion information required under Subsections 76-7-313(1) and (2). A physician's requirement to report abortion information to the Utah Department of Health (Department) and the form used to comply with the requirement are not new and have been in place for several years. S.B. 118, passed during the 2018 General Session, amended Section 76-7-313 to require that the Department specify in rule how it plans to ensure that physicians collect the required abortion information. This rule filing designates the form that has been used by physicians in the past.

Summary of the rule or change:

Rule R436-19 is proposed to specify how the Department plans to ensure that physicians collect the required abortion information under Subsections 76-7-313(1) and (2). S.B. 118, passed during the 2018 General Session, amended Section 76-7-313 to require that the Department specify in rule how it plans to ensure that physicians collect the required abortion information. This rule filing designates the form that has been used by physicians in the past.

Statutory or constitutional authorization for this rule:

• Subsection 76-7-313(1)

Anticipated cost or savings to:

the state budget:

In regard to the cost impact to state government, the Department is responsible to accept the forms from physicians. Once received, Department employees must file, and code, key, and check the information provided on the forms. As this work is completed, it costs the Department about $3.45 per record. Assuming there are between 2,746 and 2,896 abortions in Utah each year, the annual total cost impact to the Department is between $9,474 and $9,818. This is a cost impact that the Department has carried for several years.

local governments:

There are no anticipated savings or costs to local governments with this rule filing as it only describes how a physician performing an abortion can maintain compliance with reporting requirements under Subsections 76-7-313(1) and (2).

small businesses:

There are no anticipated savings or costs to small businesses with this rule filing as the physicians performing abortions are employed by businesses with 50 or more employees. The rule filing only describes how a physician performing an abortion can maintain compliance with reporting requirements under Subsections 76-7-313(1) and (2).

persons other than small businesses, businesses, or local governmental entities:

There are no anticipated savings or costs to persons other than small businesses, businesses, or local government entities with this rule filing as the physicians performing abortions are employed by businesses. The rule filing only describes how a physician performing an abortion can maintain compliance with reporting requirements under Subsections 76-7-313(1) and (2).

Compliance costs for affected persons:

In regard to the cost impact to non-small businesses, there are about 11 facilities in Utah with 50 or more employee that employ physicians who perform abortions. At each of these facilities, there are between 1 and 2,000 abortions performed annually. The annual cost impact to facilities is estimated to be between $9.42 and $18,840. This is calculated with the following assumptions: It takes a physician five minutes to complete and submit to the department the form specified in the rule filing. The mean per hour salary of an OB/GYN in the United States is $113.10. $113.10 / 60 minutes = $1.86 per minute. $1.86 x 5 minutes = $9.42. A facility's cost to pay a physician to complete the form is $9.42. Therefore, assuming physicians who perform abortions complete between 1 and 2,000 abortion forms a year, the cost impact per year to facilities is between $9.42 and $18,840. Assuming there are between 2,746 and 2,896 abortions in Utah each year, the annual total cost impact to all non-small businesses to complete the form is estimated between $25,867 and $26,809. A physician's requirement to report abortion information to the Department and the process used to comply with the requirement are not new and have been in place for several years. S.B. 118, passed during the 2018 General Session, amended Section 76-7-313 to require that the Department specify in rule how it plans to ensure that physicians collect the required abortion information. This rule filing only describes a plan and process that are already in place.

Comments by the department head on the fiscal impact the rule may have on businesses:

The Executive Director of the Department, Joseph K. Miner, MD, has reviewed and approved this fiscal analysis.

Joseph K. Miner, MD, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Office of Administrative Rules, or at:

Health
Center for Health Data, Vital Records and Statistics
CANNON HEALTH BLDG
288 N 1460 W
SALT LAKE CITY, UT 84116-3231

Direct questions regarding this rule to:

• Richard Oborn at the above address, by phone at 801-538-6262, by FAX at 801-538-7012, or by Internet E-mail at [email protected]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

02/14/2019

This rule may become effective on:

02/21/2019

Authorized by:

Joseph Miner, Executive Director

Appendix 1: Regulatory Impact Summary Table*

	FY 2019	FY 2020	FY 2021
Fiscal Costs
State Government	$9,818	$9,646	$9,474
Local Government	$0	$0	$0
Small Businesses	$0	$0	$0
Non-Small Businesses	$26,809	$26,338	$25,867
Other Persons	$0	$0	$0
Total Fiscal Costs:	$36,627	$35,984	$35,341
Fiscal Benefits
State Government	$0	$0	$0
Local Government	$0	$0	$0
Small Businesses	$0	$0	$0
Non-Small Businesses	$0	$0	$0
Other Persons	$0	$0	$0
Total Fiscal Benefits:	$0	$0	$0
Net Fiscal Benefits:	($36,627)	($35,984)	($35,341)

 

*This table only includes fiscal impacts that could be measured. If there are inestimable fiscal impacts, they will not be included in this table. Inestimable impacts for State Government, Local Government, Small Businesses and Other Persons are described above. Inestimable impacts for Non - Small Businesses are described below.

 

Appendix 2: Regulatory Impact to Non - Small Businesses

In regard to the cost impact to non-small businesses, there are about 11 facilities in Utah with 50 or more employees that employ physicians who perform abortions. At each of these facilities, there are between 1 and 2,000 abortions performed annually. The annual cost impact to facilities is estimated to be between $9.42 and $18,840. This is calculated with the following assumptions: It takes a physician 5 minutes to complete and submit to the department the form specified in the rule filing. The mean per hour salary of an OB/GYN in the United States is $113.10. $113.10 / 60 minutes = $1.86 per minute. $1.86 x 5 minutes = $9.42. A facility's cost to pay a physician to complete the form is $9.42. Therefore, assuming physicians who perform abortions complete between 1 and 2,000 abortion forms a year, the cost impact per year to facilities is between $9.42 and $18,840. Assuming there are between 2,746 and 2,896 abortions in Utah each year, the annual total cost impact to all non-small businesses to complete the form is estimated between $25,867 and $26,809.

 

The Executive Director of the Utah Department of Health, Joseph K. Miner, MD, has reviewed and approved this fiscal analysis.

 

 

R436. Health, Center for Health Data and Informatics, Vital Records and Statistics.

R436-19. Abortion Reporting.

R436-19-1. Abortion Reporting.

To ensure compliance with Subsections 76-7-313(1) and (2), each physician who performs an abortion shall submit a completed "Report of Induced Termination of Pregnancy" form to the department within 30 days after the day on which the abortion is performed.

 

KEY: abortions, vital records

Date of Enactment or Last Substantive Amendment: 2019

Authorizing, and Implemented or Interpreted Law: 76-7-313(1)