Nebraska § 28-343 Department of Health and Human Services; abortion reporting form; items included; confidential

Nebraska Statutes

§ 28-343 — Department of Health and Human Services; abortion reporting form; items included; confidential

Nebraska § 28-343

Ch. 28Crimes and Punishments

This text of Nebraska § 28-343 (Department of Health and Human Services; abortion reporting form; items included; confidential) is published on Counsel Stack Legal Research, covering Nebraska primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Neb. Rev. Stat. § 28-343 (2026).

Text

The Department of Health and Human Services shall prescribe an abortion reporting form which shall be used for the reporting of every abortion performed in this state. Such form shall include the following items:

(1)The age of the pregnant woman;

(2)The location of the facility where the abortion was performed;

(3)The type of procedure performed;

(4)Complications, if any;

(5)The name of the attending physician;

(6)The pregnant woman's obstetrical history regarding previous pregnancies, abortions, and live births;

(7)The stated reason or reasons for which the abortion was requested;

(8)The state of the pregnant woman's legal residence;

(9)The length and weight of the aborted child, when measurable;

(10)Whether an emergency situation caused the physician to waive any of the require

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The Department of Health and Human Services shall prescribe an abortion reporting form which shall be used for the reporting of every abortion performed in this state. Such form shall include the following items:
(1) The age of the pregnant woman;
(2) The location of the facility where the abortion was performed;
(3) The type of procedure performed;
(4) Complications, if any;
(5) The name of the attending physician;
(6) The pregnant woman's obstetrical history regarding previous pregnancies, abortions, and live births;
(7) The stated reason or reasons for which the abortion was requested;
(8) The state of the pregnant woman's legal residence;
(9) The length and weight of the aborted child, when measurable;
(10) Whether an emergency situation caused the physician to waive any of the requirements of section 28-327 ; and
(11) Such other information as may be prescribed in accordance with section 71-602 .
The completed form shall be signed by the attending physician and sent to the department within fifteen days after each reporting month. The completed form shall be an original, typed or written legibly in durable ink, and shall not be deemed complete unless the omission of any item of information required shall have been disclosed or satisfactorily accounted for. Carbon copies shall not be acceptable. The abortion reporting form shall not include the name of the person upon whom the abortion was performed. The abortion reporting form shall be confidential and shall not be revealed except upon the order of a court of competent jurisdiction in a civil or criminal proceeding.

Womens Services, P. C., a Nebraska Corporation, and G. William Orr, M.D. v. Charles Thone, Governor of the State of Nebraska Paul L. Douglas, Attorney General for the State of Nebraska and Donald L. Knowles, County Attorney for the County of Douglas, State of Nebraska, Womens Services, P. C., a Nebraska Corporation, and G. William Orr, M.D. v. Charles Thone, Governor of the State of Nebraska Paul L. Douglas, Attorney General for the State of Nebraska and Donald L. Knowles, County Attorney for the County of Douglas, State of Nebraska, Marilyn A. Schneider, Intervenor, Ladies Center, Nebraska, Inc., a Corporation E. John Epp, M.D. And Betty Roe, by Her Next Friend Barbara Gaither, Elizabeth F., Intervenor v. Charles Thone, Governor of the State of Nebraska Paul L. Douglas, Attorney General for the State of Nebraska and Donald L. Knowles, County Attorney for the County of Douglas, State of Nebraska, Marilyn A. Schneider, Intervenor

690 F.2d 667 (Eighth Circuit, 1982)

Legislative History

Source: Laws 1977, LB 38, § 58; Laws 1979, LB 316, § 9; Laws 1984, LB 695, § 8; Laws 1989, LB 344, § 2; Laws 1996, LB 1044, § 63; Laws 1997, LB 307, § 2; Laws 2007, LB296, § 29. Annotations: This section is unconstitutional insofar as the statute requires physicians to make an official report of "prescribed" abortions. Womens Services, P.C. v. Thone, 483 F.Supp. 1022 (D. Neb. 1979).