Contraception, Sterilisation, and Abortion (Information Collection) Regulations 2021

Regulations

1 Title

These regulations are the Contraception, Sterilisation, and Abortion (Information Collection) Regulations 2021.

2 Commencement

These regulations come into force on 24 September 2021.

3 Interpretation

In these regulations, unless the context otherwise requires,—

sterilisation provider means an entity that provides sterilisation services under the Act

sterilisation services means—

(a)

performing a sterilisation operation; or

(b)

performing a sterilisation procedure.

4 Transitional, savings, and related provisions

The transitional, savings, and related provisions set out in Schedule 1 have effect according to their terms.

5 Sterilisation providers: annual report

(1)

A sterilisation provider who has overall responsibility for the provision of sterilisation services must submit to the Director-General, by 31 March of each year, a report on the sterilisation services provided during the preceding year ending 31 December for which they had overall responsibility.

(2)

The report must—

(a)

be submitted in the form and in the manner required by the Director-General; and

(b)

contain the information specified in Schedule 2.

6 Abortion service providers: abortion service report

(1)

Within 1 month after the provision of an abortion service, the abortion service provider who had the overall responsibility for the provision of the service must submit to the Director-General a report on the provision of the service.

(2)

The report must—

(a)

be submitted in the form and in the manner required by the Director-General; and

(b)

contain the information specified in Schedule 3.

7 Abortion service providers: annual report

(1)

An abortion service provider who has overall responsibility for the provision of abortion services must submit to the Director-General, by 31 March of each year, a report on the abortion services provided during the preceding year ending 31 December for which they had overall responsibility.

(2)

The report must—

(a)

be submitted in the form and in the manner required by the Director-General; and

(b)

contain the information specified in Schedule 4.

Schedule 1 Transitional, savings, and related provisions

r 4

Part 1 Provisions relating to these regulations as made

1 Reports in respect of abortion services provided before commencement of these regulations

Regulation 6 does not apply in respect of an abortion service that—

(a)

was provided on or before 23 September 2021; and

(b)

was notified to the Director-General by an abortion service provider in accordance with section 20 of the Contraception, Sterilisation, and Abortion Act 1977 prior to the repeal of that section on 23 September 2021.

Schedule 2 Sterilisation providers: information to be provided in annual report

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1

The name, physical address, and contact details of the provider.

2

The types of sterilisation services offered by the provider.

3

The average length of time between a patient’s first consultation with the provider and the provision of the sterilisation service.

4

If a patient is referred to the provider by another health practitioner for the provision of sterilisation services, the average length of time that can be anticipated between the provider receiving the referral and the patient’s first consultation with the provider for the provision of those services.

5

The number of requests for sterilisation services that were refused by the provider and the reasons for refusing those requests.

6

The cost to the patient of each type of sterilisation service.

Schedule 3 Abortion service providers: information to be provided in abortion services report

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1

The provider’s Health Provider Index organisation and facility identifiers issued by the Ministry of Health.

2

The type of abortion service provided.

3

The Common Person Number (the CPN) of the health practitioner who provided the abortion service (being the CPN issued to the practitioner by the Ministry of Health).

4

The date that—

(a)

the surgical abortion was performed; or

(b)

the medicine was prescribed or supplied for the purpose of inducing the abortion.

5

The following details in respect of the woman to whom the abortion service was provided:

(a)

age:

(b)

ethnicity:

(c)

gender:

(d)

residency status:

(e)

residential area:

(f)

number of previous pregnancies resulting in a live birth (if any):

(g)

number of previous induced abortions (if any):

(h)

estimated duration of the pregnancy:

(i)

type of contraception used at the time of conception (if any):

(j)

type of contraception provided at the time of the abortion (if any):

(k)

whether a sterilisation operation or procedure was performed at the same time as the abortion procedure:

(l)

the complications (if any) experienced after the abortion was performed and before the woman was discharged:

(m)

whether the woman self-identifies as disabled.

6

If the woman was referred to the provider from another health practitioner, the length of time between the provider receiving the referral and the woman’s first consultation with the provider.

7

The length of time between the woman’s first consultation with the provider and the provision of the abortion service.

8

Whether the woman to whom the abortion service was provided—

(a)

was referred to the provider by another health practitioner:

(b)

required an interpreter:

(c)

received abortion-related counselling prior to the provision of the abortion service (if known).

9

If the provider provided abortion-related counselling to the woman, the length of time between the woman requesting that counselling and the woman’s first counselling consultation with the counsellor.

10

Whether the woman requested disability assistance to access the abortion service.

11

In respect of the costs for, or related to, the provision of the abortion service,—

(a)

how the costs for the services were funded; and

(b)

what services (if any) the woman was required to pay for.

12

If consent to the abortion service was given by a person other than the woman in respect of whom the abortion service was provided, details of—

(a)

the relationship between the person who consented to the service and the woman concerned; and

(b)

whether there was a current court order relating to the capacity of the woman concerned or the provision of the service; and

(c)

whether an assessment was carried out to determine the capacity of the woman concerned and, if so, the following details in respect of the person who carried out that assessment:

(i)

their relationship with the woman; and

(ii)

their qualifications to carry out the assessment.

13

Whether the consultations in connection with the provision of the abortion service were conducted—

(a)

in person; or

(b)

remotely; or

(c)

in person and remotely.

Schedule 4 Abortion service providers: information to be provided in annual report

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1

The name, physical address, and contact details of the provider.

2

The number of health practitioners employed by the provider and, for each health practitioner, details of—

(a)

the health profession in respect of which they are registered; and

(b)

their ethnicity; and

(c)

their gender; and

(d)

any cultural competency or inclusivity training they have completed during the year.

3

The types of abortion services provided by the provider.

4

Any gestational limit imposed by the provider for the different types of abortion services provided.

5

The number of enquiries received by the provider about seeking abortion services solely because of a preference for the fetus to be of a particular sex.

6

The cost of the abortion services offered by the provider, including directly related medical costs and the circumstances in which women are required to pay those costs.

7

The number of women who, after requesting the provision of an abortion service, decided not to proceed, and the average consultation time spent in such cases.

8

The number of requests for abortion services that the provider has refused, the reasons for refusing those requests, and the processes the provider has in place to assist patients to access appropriate services in such cases.

9

If the provider also offers abortion-related counselling services, details of—

(a)

the qualifications, training, and professional membership of the counsellors; and

(b)

the type of counselling services offered; and

(c)

the cost of the counselling services and the circumstances in which women are required to pay this cost.

10

Details of any interpretation services offered by the provider.

Michael Webster,
Clerk of the Executive Council.

Explanatory note

This note is not part of the regulations, but is intended to indicate their general effect.

These regulations, which come into force on 24 September 2021, impose reporting requirements on—

  • sterilisation providers; and

  • abortion service providers.

Sterilisation providers who have overall responsibility for the provision of sterilisation services are required to report to the Director-General of Health (the Director-General) each year about the services they have provided during that year. The specific information required to be provided in their annual report is set out in Schedule 2.

The abortion service provider who had overall responsibility for the provision of an abortion service is required to report to the Director-General within 1 month after providing the service. For example, in the case of the provision of a medical abortion service to a woman, the employer of the authorised prescriber who prescribed the medication to the woman, not the pharmacist who dispensed the medication, is required to report to the Director-General. The specific information required to be provided in the report is set out in Schedule 3.

Abortion service providers who have overall responsibility for the provision of abortion services are also required to report to the Director-General each year about the services they have provided during that year. The specific information required to be provided in their annual report is set out in Schedule 4.

The above reports are required to ensure the Director-General has the necessary information to discharge the Director-General’s review and reporting duties in sections 17, 18, 19, and 21 of the Contraception, Sterilisation, and Abortion Act 1977.

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 19 August 2021.

These regulations are administered by the Ministry of Health.