New Arkansas Legislation The Wisdom of the 85 th General Assembly

Presented by John W. Senner, Director Center for Health Statistics A. Grace Carson, Assistant Director Vital Records

Hot Topics of 2005 Data Sharing Vital Records Act Induced Termination of Pregnancy

Data Sharing Previously – Deaths to County Clerks for Voter Rolls and Circuit Court for Jury Pools 2003 Legislation – Secretary of State implements HAVA and distributes deaths to County Clerks

More Data Sharing 2003 Legislation - Created enhanced jury pool out of voter registration, drivers license and ID card lists – Act 87. ADH to assist in identifying voters, licensed drivers, and ID card holders who are deceased, have changed names, or been married or divorced.

Still More Data Sharing Act County Assessors to be given death list monthly to cancel property tax homestead exemptions. Many do not have computers.

Redundant with the Vital Records Act Federal, state, local, and other public government agencies may, upon request, be furnished copies of records, reports, or data, provided that the copies or data shall be used solely in the conduct of their official duties.

Vital Records Act – Hospice Patients HB 2772 failed. A bill to require nurses certifying the death of a hospice patient in a nursing home to notify the coroner of the death.

Vital Records Act – Putative Father Registry Vital Records Act of 1995 established a putative father registry within the Vital Records Division. VR to receive identifying information on persons claiming to be the father of a child for whom paternity has not been established. Cross-referenced to mother and child.

Vital Records Act – Putative Father Registry Must notify mother, Child Support Enforcement, and attorneys involved in paternity, support, or adoption litigation. Fees not authorized.

Putative Father Registry – Act 200 of 2005 “Clarifies” that the purpose is to entitle putative fathers to notice of legal proceedings. But putative father’s rights attach only to those that establish significant custodial, personal, or financial relationship with the child. Vital Records shall note the date and time of filing.

Induced Termination of Pregnancy – Parental Consent Act 537 changes parental notification to parental consent and adds data collection requirements 1. Consent required? 2. Consent obtained? 3. Judicial bypass obtained?

Induced Termination of Pregnancy – Parental Consent Is the patient under 18 or found incompetent? Was parental consent obtained? Why not? –Emancipated –Medical Emergency –Parents not located –Parent involved in rape, etc. –Judicial bypass

Unborn Child Pain Awareness and Prevention Act Women having an induced abortion 20 weeks or older, must be given 24 hours to review material on the ability of the unborn child to experience pain. Material to be produced by the Department of Health and published in paper and Internet formats.

Unborn Child Pain Awareness and Prevention Act All 5373 physicians given copy of the law and a form to be submitted by Feb 28 with counts of: –Women provided information in person –Women provided information by telephone –Information furnished by physician –Information furnished by other persons –Women declining printed information

Unborn Child Pain Awareness and Prevention Act Continuation of report –Women obtaining abortion –Exemptions because of threat of death of patient –Exemptions because of threat of irreversible harm Health Department shall issue a report by June 30.

That is it Anyone have a good recipe for Ivory- Billed Woodpecker?