36-2163

36-2163. Reports; confidentiality; annual
statistical report; violations; classification; unprofessional
conduct

A. A report required by this article shall not contain the name of the woman,
common identifiers such as the woman's social security number, driver license number or
insurance carrier identification numbers or any other information or identifiers that
would make it possible to identify in any manner or under any circumstances an individual
who has obtained or seeks to obtain an abortion.

B. The department of health services shall collect all abortion reports and
complication reports and prepare a comprehensive annual statistical report based on the
data gathered in the reports. The statistical report shall not lead to the disclosure of
the identity of any person filing a report or about whom a report is filed. The
department shall make the statistical report available on its website and for public
inspection and copying.

C. The report prepared by the department pursuant to subsection B of this section
shall include statistics from the administrative office of the courts containing the
following information:

1. The number of petitions filed pursuant to section 36-2152, subsection B.

2. Of the petitions filed pursuant to section 36-2152, subsection B, the number in
which the judge appointed a guardian ad litem or court-appointed counsel for the minor
pursuant to section 36-2152, subsection D.

3. Of the petitions filed pursuant to section 36-2152, subsection B, the number in
which the judge issued an order authorizing an abortion without parental consent.

4. Of the petitions filed pursuant to section 36-2152, subsection B, the number in
which the judge issued an order denying the petition.

5. Of the petitions denied, the number appealed to the court of appeals.

6. The number of those appeals that resulted in the denials being affirmed.

7. The number of those appeals that resulted in the denial being reversed.

D. Except for a statistical report as provided in subsection B of this section, a
report filed pursuant to this article is not a public record and is not available for
public inspection, except that disclosure may be made to law enforcement officials on an
order of a court after application showing good cause. The court may condition disclosure
of the information on any appropriate safeguards it may impose.

E. Original copies of all reports filed pursuant to sections 36-2161 and 36-2162
shall be available to the Arizona medical board and the Arizona board of osteopathic
examiners in medicine and surgery for use in the performance of their official duties.
The Arizona medical board and the Arizona board of osteopathic examiners in medicine and
surgery shall maintain the confidentiality of any reports obtained pursuant to this
subsection.

F. An employee, agent or contractor of the department who wilfully discloses any
information obtained from reports filed pursuant to this article, other than disclosure
authorized under subsections B, D and E of this section or as otherwise authorized by
law, is guilty of a class 3 misdemeanor.

G. A person who is required by this article to file a report, keep any records or
supply any information and who wilfully fails to file that report, keep records or supply
information as required by law is guilty of unprofessional conduct and is subject to
discipline including license suspension or revocation.

H. A person who wilfully delivers or discloses to the department any report, record
or information known by that person to be false commits a class 1 misdemeanor.

I. In addition to the penalties prescribed by subsections F, G and H of this
section, an organization or facility that wilfully violates the reporting requirements of
this article is subject to discipline by the department including the same civil
penalties as prescribed in section 36-126.