(a) An individual abortion report for each abortion shall be completed by the mother's attending physician, and shall be transmitted directly to the Office of Vital Statistics of the Department of Public Health and Social Services. The report shall be confidential and it shall not contain the name of the mother involved. This report shall include: (1) patient number; (2) name and address of the abortion facility or hospital; (3) date of the abortion; (4) zip code or other residential identification of the pregnant woman;
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(5) age of the pregnant woman; (6) ethnic origin of the pregnant woman; (7) marital status of the pregnant woman; (8) number of previous pregnancies; (9) number of years of education of the pregnant woman; (10) number of living children; (11) number of previous induced abortions; (12) date of the last induced abortion; (13) date of the last live birth; (14) method of contraception used, if any, at the time of conception; (15) date of the beginning of the last menstrual period; (16) medical condition of the pregnant woman at the time of abortion; (17) RH type of the pregnant woman; (18) type of abortion procedure used; (19) complications, if any; (20) type of procedure done after the abortion; (21) type of family planning recommended; (22) type of additional counseling given, if any; (23) signature of attending physician; (24) certification provided for in this Section; and (25) gestational age, as measured in weeks, of the unborn child terminated by the abortion. (b) An individual complication report for any post-abortion care performed upon a woman shall be completed by the physician providing such post-abortion care. This report shall include:
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(1) date of the abortion; (2) name and the address of the medical facility, abortion facility or hospital where the abortion was performed; and (3) nature of the abortion complication diagnosed or treated. (c) All abortion reports shall be signed by the attending physician under penalty of perjury and shall be filed with the Guam Registrar of Vital Statistics within seven (7) days from the date of the abortion. All complication reports shall be signed by the physician providing the post-abortion care under penalty of perjury and filed with the Guam Registrar of Vital Statistics within seven (7) days from the date of the post-abortion care. (d) A copy of the abortion report shall be made a part of the medical record of the patient in the facility or hospital in which the abortion was performed. (e) The Guam Registrar of Vital Statistics shall collect and annually publish a statistical report based on such data from abortions performed in the previous calendar year. (f) The Office of Vital Statistics shall make available to physicians performing abortions on Guam, forms for both abortion reports and post-abortion care reports, as provided in Subsections (a) and (b) of this Section. (g) All information in abortion reports and post-abortion care reports and the reports themselves shall be confidential. Information and records may be disclosed only in communications between qualified professional persons in the provision of services or in statistical form for research purposes as required by Subsection (e) of this Section. (h) Any person who releases confidential information in violation of Subsection (g) of this Section shall be guilty of a misdemeanor. (i) Any person may bring an action against an individual who has willfully and knowingly released confidential
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information about such person in violation of Subsection (g) of this Section for the greater of the following amounts: (1) Five Hundred Dollars ($500); or (2) Three (3) times the amount of actual damages, if any, sustained by the plaintiff, reasonable attorney's fees and the costs of the action. It is not a prerequisite to an action under this Subsection that the plaintiff suffer or be threatened with actual damages. (j) If a physician performs a partial-birth abortion on the woman, the physician shall report such determination and the reasons for such determination in writing to the medical care facility in which the abortion is performed for inclusion in the report of the medical care facility to the Office of Vital Statistics and to the Guam Board of Medical Examiners, or if the abortion is not performed in a medical care facility, the physician shall report the reasons for such determination in writing to the Office of Vital Statistics and to the Guam Board of Medical Examiners as part of the written report made by the physician to the Office of Vital Statistics and to the Guam Board of Medical Examiners. The physician shall retain a copy of the written reports required under this Section for not less than five (5) years. (k) Failure to file a complete individual abortion report for each abortion with the Guam Registrar of Vital Statistics within seven (7) days from the date of the abortion is a misdemeanor, pursuant to § 55.65 of Chapter 55, Title 9, Guam Code Annotated. (l) Subsection (k) does not preclude sanctions, or disciplinary action, or any other appropriate action by the Guam Board of Medical Examiners. (m) The Guam Registrar of Vital Statistics shall receive, ascertain the completeness of, compile, and retain all partial-birth abortion reports filed with her under this Section, and collate and evaluate all data gathered therefrom, and shall annually publish a statistical report based on such data from partial-birth abortions performed in the previous calendar year no later than January 31st of the following calendar year.
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(n) The Office of Vital Statistics shall make available to physicians performing partial-birth abortions on Guam and the Guam Board of Medical Examiners forms for partial-birth abortion reports. (o) All information in partial-birth abortion reports the Office of Vital Statistics receives shall be confidential. Information and reports may be disclosed only in communications between qualified professional persons in the provisions of services, or in statistical form for research purposes. (p) Any person who releases confidential information in violation of Subsection (o) of this Section shall be guilty of a misdemeanor. SOURCE: Added by P.L. 22-130:2 (May 31, 1994). Amended by P.L. 29-115:1 (Nov. 18, 2008), P.L. 32-073:3 (Nov. 27, 2013). Subsections (j- p) added by P.L. 29-115:2 (Nov. 18, 2008). Subsections (a)(23) and (24) amended by P.L. 32-217:2 (Dec. 29, 2014, and subsection (a)(25) added by P.L. 32-217:2 (Dec. 29, 2014), effective 30 days after enactment pursuant to P.L. 32-217:3. Subsection (a) amended by P.L. 33-218:3 (Dec. 15, 2016); subsection (c) amended by P.L. 33-218:4 (Dec. 15, 2016); subsection (e) amended by P.L. 33-218:5 (Dec. 15, 2016); and subsection (k) amended by P.L. 33-218:6 (Dec. 15, 2016); and subsection (m) amended by P.L. 33-218:7 (Dec. 15, 2016);. 2017 NOTE: References to “territory” and “territorial” removed and/or altered to “Guam” pursuant to 1 GCA § 420. NOTE: This provision was to become effective sixty (60) days after the “printed materials” described in § 3218.1 (c) and the “checklist certification” described in § 3218.1(c)(5) were approved by the Department of Public Health and Social Services (DPHSS) pursuant to the rule-making process set forth in Title 5, Chapter 9, Article 3 of the Guam Code Annotated. P.L. 31-235:4 (Nov. 1, 2012). P.L. 32-089:2 (Nov. 27, 2013) amended the approving authority from DPHSS to “a majority vote of a team consisting of the Director of DPHSS, who shall serve as the Chairperson, the Medical Director of the DPHSS; and OB/GYN doctor from the Guam Medical Association; a Social Worker from the National Association of Social Workers; and a Psychiatrist from the Guam Behavioral Health and Wellness Center.” The “printed materials” described in § 3218.1 (c) and the “checklist certification” described in § 3218.1(c)(5) were to be approved no later than 120 days after enactment, pursuant to P.L. 32-089:2.