1.1 	A bill for an act
1.2 	relating to prevention of abortion, unintended
1.3 	pregnancies, and sexually transmitted infection;
1.4 	increasing access to family planning services;
1.5 	expanding educational efforts to prevent unintended
1.6 	pregnancies; requiring the provision of contraceptive
1.7 	information; creating a family planning Web site;
1.8 	modifying the ENABL and family planning grant
1.9 	programs; requiring family planning information be
1.10 	provided to MFIP recipients; appropriating money;
1.11 	amending Minnesota Statutes 2004, sections 145.4243;
1.12 	145.925, subdivision 9; 145.9255, subdivisions 1, 4;
1.13 	256J.45, subdivision 2; proposing coding for new law
1.14 	in Minnesota Statutes, chapter 145.
1.15 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.16 	Section 1. [145.4125] FAMILY PLANNING INFORMATION.
1.17 	Before or after an abortion is or has been performed, the
1.18 	hospital or health care facility performing the abortion must
1.19 	provide the woman with written information on all FDA-approved
1.20 	methods of contraception and natural family planning and must
1.21 	offer referral information on local community resources that
1.22 	provide contraceptive services and family planning counseling at
1.23 	no cost or at a reduced cost to low-income clients.  This
1.24 	information must be provided within a reasonable time before or
1.25 	after an abortion is to be performed.

1.26 	Sec. 2. Minnesota Statutes 2004, section 145.4243, is
1.27 	amended to read:
1.28 	145.4243 PRINTED INFORMATION.
1.29 	(a) Within 90 days after July 1, 2003, the commissioner of
1.30 	health shall cause to be published, in English and in each
2.1 	language that is the primary language of two percent or more of
2.2 	the state's population, and shall cause to be available on the
2.3 	state Web site provided for under section 145.4244 the following
2.4 	printed materials in such a way as to ensure that the
2.5 	information is easily comprehensible:
2.6 	(1) geographically indexed materials designed to inform the
2.7 	female of public and private agencies and services available to
2.8 	assist a female through pregnancy, upon childbirth, and while
2.9 	the child is dependent, including adoption agencies, which shall
2.10 	include a comprehensive list of the agencies available, a
2.11 	description of the services they offer, and a description of the
2.12 	manner, including telephone numbers, in which they might be
2.13 	contacted or, at the option of the commissioner of health,
2.14 	printed materials including a toll-free, 24-hours-a-day
2.15 	telephone number that may be called to obtain, orally or by a
2.16 	tape recorded message tailored to a zip code entered by the
2.17 	caller, such a list and description of agencies in the locality
2.18 	of the caller and of the services they offer;
2.19 	(2) materials designed to inform the female of the probable
2.20 	anatomical and physiological characteristics of the unborn child
2.21 	at two-week gestational increments from the time when a female
2.22 	can be known to be pregnant to full term, including any relevant
2.23 	information on the possibility of the unborn child's survival
2.24 	and pictures or drawings representing the development of unborn
2.25 	children at two-week gestational increments, provided that any
2.26 	such pictures or drawings must contain the dimensions of the
2.27 	fetus and must be realistic and appropriate for the stage of
2.28 	pregnancy depicted.  The materials shall be objective,
2.29 	nonjudgmental, and designed to convey only accurate scientific
2.30 	information about the unborn child at the various gestational
2.31 	ages.  The material shall also contain objective information
2.32 	describing the methods of abortion procedures commonly employed,
2.33 	the medical risks commonly associated with each procedure, the
2.34 	possible detrimental psychological effects of abortion, and the
2.35 	medical risks commonly associated with carrying a child to term;
2.36 	and 
3.1 	(3) materials with the following information concerning an
3.2 	unborn child of 20 weeks gestational age and at two weeks
3.3 	gestational increments thereafter in such a way as to ensure
3.4 	that the information is easily comprehensible:
3.5 	(i) the development of the nervous system of the unborn
3.6 	child;
3.7 	(ii) fetal responsiveness to adverse stimuli and other
3.8 	indications of capacity to experience organic pain; and
3.9 	(iii) the impact on fetal organic pain of each of the
3.10 	methods of abortion procedures commonly employed at this stage
3.11 	of pregnancy; and 
3.12 	(4) materials on all FDA-approved methods of contraception
3.13 	and natural family planning and referral information on public
3.14 	and private agencies and community resources that provide
3.15 	contraceptive services and counseling at no cost or at a reduced
3.16 	cost to low-income clients.
3.17 	The material under this clause shall be objective,
3.18 	nonjudgmental, and designed to convey only accurate scientific
3.19 	information.
3.20 	(b) The materials referred to in this section must be
3.21 	printed in a typeface large enough to be clearly legible.  The
3.22 	Web site provided for under section 145.4244 shall be maintained
3.23 	at a minimum resolution of 70 DPI (dots per inch).  All pictures
3.24 	appearing on the Web site shall be a minimum of 200x300 pixels.
3.25 	All letters on the Web site shall be a minimum of 11-point
3.26 	font.  All information and pictures shall be accessible with an
3.27 	industry standard browser, requiring no additional plug-ins.
3.28 	The materials required under this section must be available at
3.29 	no cost from the commissioner of health upon request and in
3.30 	appropriate number to any person, facility, or hospital.

3.31 	Sec. 3. [145.426] FAMILY PLANNING WEB SITE.
3.32 	The commissioner of health shall develop and maintain, as
3.33 	part of the department's Web site, information on family
3.34 	planning and referrals to local community resources to assist
3.35 	women and families in preventing unintended pregnancies.  The
3.36 	Web site must provide information on:
4.1 	(1) family planning methods, including all FDA-approved
4.2 	methods of contraception and natural family planning;
4.3 	(2) basic preventive reproductive health services,
4.4 	including breast and pelvic examinations; cervical cancer;
4.5 	screenings for sexually transmitted diseases (STD) and human
4.6 	immunodeficiency virus (HIV); and pregnancy diagnosis and
4.7 	counseling; and 
4.8 	(3) referrals to local community providers and resources,
4.9 	including subsidized family planning providers, that provide
4.10 	family planning services and counseling and basic preventive
4.11 	reproductive health services.

4.12 	Sec. 4. Minnesota Statutes 2004, section 145.925,
4.13 	subdivision 9, is amended to read:
4.14 		Subd. 9.Amount of grant; rules.  Notwithstanding any
4.15 	rules to the contrary, including rules proposed in the State
4.16 	Register on April 1, 1991, the commissioner, in allocating grant
4.17 	funds for family planning special projects, shall not limit the
4.18 	total amount of funds that can be allocated to an organization.
4.19 	The commissioner shall allocate to an organization receiving
4.20 	grant funds on July 1, 1997, at least the same amount of grant
4.21 	funds for the 1998 to 1999 grant cycle as the organization
4.22 	received for the 1996 to 1997 grant cycle, provided the
4.23 	organization submits an application that meets grant funding
4.24 	criteria. In allocating the grant funds, the commissioner shall
4.25 	ensure that grant funds for family planning special projects are
4.26 	available in every county.This subdivision does not affect any
4.27 	procedure established in rule for allocating special project
4.28 	money to the different regions.  The commissioner shall revise
4.29 	the rules for family planning special project grants so that
4.30 	they conform to the requirements of this subdivision.  In
4.31 	adopting these revisions, the commissioner is not subject to the
4.32 	rulemaking provisions of chapter 14, but is bound by section
4.33 	14.386, paragraph (a), clauses (1) and (3).  Section 14.386,
4.34 	paragraph (b), does not apply to these rules.

4.35 	Sec. 5. Minnesota Statutes 2004, section 145.9255,
4.36 	subdivision 1, is amended to read:
5.1 		Subdivision 1.Establishment.  The commissioner of
5.2 	health, in consultation with a representative from Minnesota
5.3 	planning, the commissioner of human services, and the
5.4 	commissioner of education, shall develop and implement the
5.5 	Minnesota education now and babies later (MN ENABL) program,
5.6 	targeted to adolescents ages 12 to 14, with the goal of reducing
5.7 	the incidence of adolescent pregnancy in the state and promoting
5.8 	abstinence until marriage through comprehensive sexuality
5.9 	education that promotes abstinence and promotes male sexual
5.10 	responsibility.  The program must provide a multifaceted,
5.11 	primary prevention, community health promotion approach to
5.12 	educating and supporting adolescents in the decision to postpone
5.13 	sexual involvement modeled after the ENABL program in
5.14 	California.  The commissioner of health shall consult with the
5.15 	chief of the health education section of the California
5.16 	Department of Health Services for general guidance in developing
5.17 	and implementing the program.

5.18 	Sec. 6. Minnesota Statutes 2004, section 145.9255,
5.19 	subdivision 4, is amended to read:
5.20 		Subd. 4.Program components.  The program must include
5.21 	the following four major components:
5.22 	(a) A community organization component in which the
5.23 	community-based local contractors shall include:
5.24 	(1) use of a postponing sexual involvement comprehensive
5.25 	sexuality education curriculum that promotes abstinence and
5.26 	promotes male sexual responsibility targeted to boys and girls
5.27 	ages 12 to 14 in schools and/or community settings;
5.28 	(2) planning and implementing community organization
5.29 	strategies to convey and reinforce the MN ENABL message of
5.30 	postponing sexual involvement, including activities promoting
5.31 	awareness and involvement of parents and other primary
5.32 	caregivers/significant adults, schools, and community; and
5.33 	(3) development of local media linkages.
5.34 	(b) A statewide, comprehensive media and public relations
5.35 	campaign to promote changes in sexual attitudes and behaviors,
5.36 	and reinforce the message of postponing adolescent sexual
6.1 	involvement and ,promoting abstinence from sexual activity until
6.2 	marriage , and promoting male sexual responsibility.  Nothing in
6.3 	this paragraph shall be construed to prevent the commissioner
6.4 	from targeting populations that historically have had a high
6.5 	incidence of adolescent pregnancy with culturally appropriate
6.6 	messages on abstinence from sexual activity.
6.7 	The commissioner of health, in consultation with the
6.8 	commissioner of education, shall develop and implement the media
6.9 	and public relations campaign.  In developing the campaign, the
6.10 	commissioner of health shall coordinate and consult with
6.11 	representatives from ethnic and local communities to maximize
6.12 	effectiveness of the social marketing approach to health
6.13 	promotion among the culturally diverse population of the state.
6.14 	The commissioner may continue to use any campaign materials or
6.15 	media messages developed or produced prior to July 1, 1999.
6.16 	The local community-based contractors shall collaborate and
6.17 	coordinate efforts with other community organizations and
6.18 	interested persons to provide school and community-wide
6.19 	promotional activities that support and reinforce the message of
6.20 	the MN ENABL curriculum.
6.21 	(c) An evaluation component which evaluates the process and
6.22 	the impact of the program.
6.23 	The "process evaluation" must provide information to the
6.24 	state on the breadth and scope of the program.  The evaluation
6.25 	must identify program areas that might need modification and
6.26 	identify local MN ENABL contractor strategies and procedures
6.27 	which are particularly effective.  Contractors must keep
6.28 	complete records on the demographics of clients served, number
6.29 	of direct education sessions delivered and other appropriate
6.30 	statistics, and must document exactly how the program was
6.31 	implemented.  The commissioner may select contractor sites for
6.32 	more in-depth case studies.
6.33 	The "impact evaluation" must provide information to the
6.34 	state on the impact of the different components of the MN ENABL
6.35 	program and an assessment of the impact of the program on
6.36 	adolescents' related sexual knowledge, attitudes, and
7.1 	risk-taking behavior.
7.2 	The commissioner shall compare the MN ENABL evaluation
7.3 	information and data with similar evaluation data from other
7.4 	states pursuing a similar adolescent pregnancy prevention
7.5 	program modeled after ENABL and use the information to improve
7.6 	MN ENABL and build on aspects of the program that have
7.7 	demonstrated a delay in adolescent sexual involvement.
7.8 	(d) A training component requiring the commissioner of
7.9 	health, in consultation with the commissioner of education, to
7.10 	provide comprehensive uniform training to the local MN ENABL
7.11 	community-based local contractors and the direct education
7.12 	program staff.
7.13 	The local community-based contractors may use adolescent
7.14 	leaders slightly older than the adolescents in the program to
7.15 	impart the message to postpone sexual involvement provided:
7.16 	(1) the contractor follows a protocol for adult
7.17 	mentors/leaders and older adolescent leaders established by the
7.18 	commissioner of health;
7.19 	(2) the older adolescent leader is accompanied by an adult
7.20 	leader; and
7.21 	(3) the contractor uses the curriculum as directed and
7.22 	required by the commissioner of the Department of Health to
7.23 	implement this part of the program.  The commissioner of health
7.24 	shall provide technical assistance to community-based local
7.25 	contractors.

7.26 	Sec. 7. Minnesota Statutes 2004, section 256J.45,
7.27 	subdivision 2, is amended to read:
7.28 		Subd. 2.General information.  The MFIP orientation must
7.29 	consist of a presentation that informs caregivers of:
7.30 	(1) the necessity to obtain immediate employment;
7.31 	(2) the work incentives under MFIP, including the
7.32 	availability of the federal earned income tax credit and the
7.33 	Minnesota working family tax credit;
7.34 	(3) the requirement to comply with the employment plan and
7.35 	other requirements of the employment and training services
7.36 	component of MFIP, including a description of the range of work
8.1 	and training activities that are allowable under MFIP to meet
8.2 	the individual needs of participants;
8.3 	(4) the consequences for failing to comply with the
8.4 	employment plan and other program requirements, and that the
8.5 	county agency may not impose a sanction when failure to comply
8.6 	is due to the unavailability of child care or other
8.7 	circumstances where the participant has good cause under
8.8 	subdivision 3;
8.9 	(5) the rights, responsibilities, and obligations of
8.10 	participants;
8.11 	(6) the types and locations of child care services
8.12 	available through the county agency;
8.13 	(7) the availability and the benefits of the early
8.14 	childhood health and developmental screening under sections
8.15 	121A.16 to 121A.19; 123B.02, subdivision 16; and 123B.10;
8.16 	(8) the caregiver's eligibility for transition year child
8.17 	care assistance under section 119B.05;
8.18 	(9) the availability of all health care programs, including
8.19 	transitional medical assistance;
8.20 	(10) the caregiver's option to choose an employment and
8.21 	training provider and information about each provider, including
8.22 	but not limited to, services offered, program components, job
8.23 	placement rates, job placement wages, and job retention rates;
8.24 	(11) the caregiver's option to request approval of an
8.25 	education and training plan according to section 256J.53;
8.26 	(12) the work study programs available under the higher
8.27 	education system; and 
8.28 	(13) information about the 60-month time limit exemptions
8.29 	under the family violence waiver and referral information about
8.30 	shelters and programs for victims of family violence; and 
8.31 	(14) information on family planning and referral to local
8.32 	community providers and resources that provide family planning
8.33 	services and counseling at no cost or at a reduced cost and to
8.34 	the Department of Health's Web site established under section
8.35 	145.426.

8.36 	Sec. 8. APPROPRIATION.
 9.1 		Subdivision 1.Department of education. The sums
9.2 	indicated in subdivisions 2 and 3 are appropriated from the
9.3 	general fund to the Department of Education for the fiscal years
9.4 	designated.
9.5 		Subd. 2.Regional training sites for comprehensive family
9.6 	life and sexuality education. For regional training sites for
9.7 	comprehensive family life and sexuality education:
9.8 	$3,000,000 .....2006 
9.9 	$3,000,000 .....2007 
9.10 	Any balance remaining in the first year does not cancel but
9.11 	is available in the second year.
9.12 		Subd. 3.After-school enrichment grants. For
9.13 	after-school enrichment grants under Minnesota Statutes, section
9.14 	124D.222:
9.15 	$5,510,000 .....2006 
9.16 	$5,510,000 .....2007 
9.17 	Any balance remaining in the first year does not cancel but
9.18 	is available in the second year.
9.19 		Subd. 4.Department of health. (a) $1,200,000 is
9.20 	appropriated for fiscal year 2006 from the general fund to the
9.21 	commissioner of health for purposes of the ENABL program under
9.22 	Minnesota Statutes, section 145.9255.
9.23 	(b) $100,000 is appropriated for fiscal year 2006 from the
9.24 	general fund to the commissioner of health for public education
9.25 	to promote the awareness and proper usage of emergency
9.26 	contraception.  This appropriation shall only be used if the
9.27 	United States Food and Drug Administration approves the
9.28 	over-the-counter sale of emergency contraception.
9.29 	(c) $2,000,000 is appropriated for fiscal year 2006 from
9.30 	the general fund to the commissioner of health to provide grants
9.31 	to government or nonprofit entities operating a school-based
9.32 	clinic serving students in middle or high school that provides
9.33 	reproductive health services, including FDA-approved
9.34 	contraceptive methods, testing and treatment of sexually
9.35 	transmitted diseases, and sexual health education.  Grant
9.36 	allocations must be based on a formula developed by the
10.1 	commissioner that recognizes the percentage of students served
10.2 	by each clinic who are uninsured.
10.3 	(d) $5,000,000 is appropriated for the biennium beginning
10.4 	July 1, 2005, from the general fund to the commissioner of
10.5 	health for family planning special project grants under
10.6 	Minnesota Statutes, section 145.925.