HF 2341

1st Engrossment - 87th Legislature (2011 - 2012) Posted on 05/23/2012 11:48am

A bill for an act
relating to health; requiring a prescribing physician be physically present when
certain abortion-inducing drugs are administered; 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 [145.4233] ABORTION REGULATION; PHYSICAL PRESENCE
OF PHYSICIAN REQUIRED.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin For purposes of this section, the following terms have
the meanings given:
new text end

new text begin (1) "Abortion" means the use or prescription of any instrument, medicine, drug,
or any other substance or device to terminate the pregnancy of a woman known to be
pregnant with an intention other than to increase the probability of a live birth, to preserve
the life or health of the child after live birth, or to remove a dead unborn child who died as
the result of natural causes in utero, accidental trauma, or a criminal assault on the pregnant
woman or her unborn child, and which causes the premature termination of the pregnancy.
new text end

new text begin (2) "Attempt to perform or induce an abortion" means an act, or an omission of
a statutorily required act, that, under the circumstances as the actor believes them to
be, constitutes a substantial step in a course of conduct planned to culminate in the
performance or induction of an abortion in this state in violation of this act.
new text end

new text begin (3) "Physician" means a person licensed to practice medicine in the state pursuant
to chapter 147.
new text end

new text begin Subd. 2. new text end

new text begin Physician's physical presence required. new text end

new text begin When RU-486 (mifepristone)
or any other drug or chemical is used for the purpose of inducing an abortion, the drug
or chemical must be administered in the same room and in the physical presence of the
physician who prescribed, dispensed, or otherwise provided the drug or chemical to the
patient. The physician inducing the abortion, or a person acting on behalf of the physician
inducing the abortion, shall make all reasonable efforts to ensure that the patient returns
12 to 18 days after the administration or use of RU-486 (mifepristone) or any other drug
or chemical for a follow-up visit so that the physician can confirm that the pregnancy has
been terminated and assess the patient's medical condition. A brief description of the
efforts made to comply with this subdivision, including the date, time, and identification by
name of the person making such efforts, shall be included in the patient's medical record.
new text end