HF 1951

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:56am

A bill for an act
relating to health; requiring certain information be provided to patients seeking
in vitro fertilization therapy or donating gametes; proposing coding for new
law in Minnesota Statutes, chapter 145.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [145.426] INFORMATION ON CHOICE OF DISPOSITION OF
REMAINING EMBRYOS OR GAMETES.
new text end

new text begin (a) A physician or other health care provider who provides a patient with in vitro
fertilization therapy must provide the patient with timely, relevant, and appropriate
information sufficient to allow that patient to make an informed and voluntary choice
regarding the disposition of any preimplantation embryos or gametes remaining following
treatment. The physician or other health care provider must present the patient with
the options of storing, donating to another person, donating for research purposes, or
otherwise disposing of or destroying any unused preimplantation embryos, as appropriate.
The commissioner of health must prescribe and provide for use by physicians and other
health care providers who treat patients for infertility through in vitro or any other process
where an egg is extracted from a woman the following two documents, in multiple
languages as determined by the commissioner:
new text end

new text begin (1) an informational pamphlet, describing the procedure by which an egg is
extracted from the patient, including all short and long-term potential health impacts of
the procedure on the patient, any drugs or devices to be used, including whether they
have received approval from the United States Food and Drug Administration, the risks
involved, any discomfort and side effects that may be experienced, any alternatives which
the patient may have and their attendant risks and benefits, medical treatment available
to the patient should complications arise, and that the particular treatment may involve
currently unforeseeable risks to the patient, embryo, or fetus. A physician or other health
care provider treating a woman with a procedure by which an egg is intended to be
extracted must provide the patient with this pamphlet or a legible copy thereof, and provide
any other treatment information which may be specific to the patient's treatment; and
new text end

new text begin (2) an informed consent form, stating that the patient has been given and has
reviewed and understands the informational pamphlet described in clause (1), has
consulted with her physician or health care provider concerning the general procedures
and her specific medical situation, and understanding the procedure, process, and risks,
consents to proceed with the procedure or process. The informed consent form must also
contain a "Notes" section, to be completed by the physician or health care provider. This
notes section must contain any medical information, alternative procedures, medicines,
devices, considerations, or risks relevant to the specific patient's informed consent to
proceed and must be completed by the physician or health care provider in each case. A
physician or other health care provider treating a woman by a procedure by which an
egg is intended to be extracted must provide the patient with this form or a legible copy
thereof, and must keep a signed copy of this document in the patient's medical file.
new text end

new text begin (b) No physician or other health care provider shall provide this treatment before
providing the patient with both the informational pamphlet and the informed consent form
and without receiving, in return, a complete and fully executed informed consent form
from the patient. A physician or other health care provider shall seek such informed
consent only under circumstances that provide the prospective patient reasonable
opportunity to consider whether or not to receive such treatment and that minimize the
possibility of coercion or undue influence. The information that is given to the patient
shall be in language understandable to the patient.
new text end