HF 180

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to health; requiring informed consent before 
  1.3             a vasectomy is performed; proposing coding for new law 
  1.4             in Minnesota Statutes, chapter 145. 
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  [145.4245] [MAN'S RIGHT TO KNOW ACT.] 
  1.7      Subdivision 1.  [DEFINITIONS.] As used in this act, the 
  1.8   following terms have the meaning given. 
  1.9      (a) "Vasectomy" means the surgical removal of the ductus 
  1.10  vas deferens, or a portion of it, resulting in infertility. 
  1.11     (b) "Attempt to perform a vasectomy" means an act, or an 
  1.12  omission of a statutorily required act, that, under the 
  1.13  circumstances as the actor believes them to be, constitutes a 
  1.14  substantial step in a course of conduct planned to culminate in 
  1.15  the performance of a vasectomy in Minnesota in violation of this 
  1.16  act. 
  1.17     (c) "Medical emergency" means any condition which, on the 
  1.18  basis of the physician's good faith clinical judgment, so 
  1.19  complicates the life of a fertile male as to necessitate an 
  1.20  immediate vasectomy to avert his death or for which a delay will 
  1.21  create serious risk of substantial and irreversible impairment 
  1.22  of a major bodily function. 
  1.23     (d) "Physician" means a person licensed under chapter 147. 
  1.24     Subd. 2.  [INFORMED CONSENT.] No vasectomy shall be 
  1.25  performed in this state except with the voluntary and informed 
  2.1   consent of the fertile male upon whom the vasectomy is to be 
  2.2   performed and notice to the fertile male's parents, wife, and 
  2.3   wife's parents as required under subdivision 3.  Except in the 
  2.4   case of a medical emergency, consent to a vasectomy is voluntary 
  2.5   and informed only if: 
  2.6      (a) The fertile male is told the following, by telephone or 
  2.7   in person, by the physician who is to perform the vasectomy or 
  2.8   by a referring physician, at least 24 hours before the vasectomy:
  2.9      (1) the name of the physician who will perform the 
  2.10  vasectomy; and 
  2.11     (2) the particular medical risks associated with the 
  2.12  vasectomy including, when medically accurate, the risks of 
  2.13  infection, hemorrhage, and the potential irreversibility of the 
  2.14  vasectomy. 
  2.15     The information required by this section may be provided by 
  2.16  telephone without conducting a physical examination or tests of 
  2.17  the fertile male, in which case the information required to be 
  2.18  provided may be based on facts supplied the physician by the 
  2.19  fertile male and whatever other relevant information is 
  2.20  reasonably available to the physician.  It may not be provided 
  2.21  by a tape recording but must be provided during a consultation 
  2.22  in which the physician is able to ask questions of the fertile 
  2.23  male and the fertile male is able to ask questions of the 
  2.24  physician.  If a physical examination, tests, or the 
  2.25  availability of other information to the physician subsequently 
  2.26  indicate, in the medical judgment of the physician, a revision 
  2.27  of the information previously supplied to the fertile male, that 
  2.28  revised information may be communicated to the fertile male at 
  2.29  any time prior to the performance of the vasectomy.  Nothing in 
  2.30  this section may be construed to preclude provision of required 
  2.31  information in a language understood by the patient through a 
  2.32  translator. 
  2.33     (b) The fertile male is informed, by telephone or in 
  2.34  person, by the physician who is to perform the vasectomy, by a 
  2.35  referring physician, or by an agent of either physician at least 
  2.36  24 hours before the vasectomy: 
  3.1      (1) that medical assistance benefits are not available for 
  3.2   a procedure to attempt to reverse the vasectomy; and 
  3.3      (2) that the fertile male has the right to review the 
  3.4   printed materials described in section 145.4246.  The physician 
  3.5   or the physician's agent shall orally inform the fertile male 
  3.6   that the materials have been provided by the state of Minnesota 
  3.7   and that they describe the vasectomy and the risks associated 
  3.8   with a vasectomy.  If the fertile male chooses to view the 
  3.9   materials, they shall either be given to him at least 24 hours 
  3.10  before the vasectomy or mailed to him at least 72 hours before 
  3.11  the vasectomy by certified mail, restricted delivery to 
  3.12  addressee, which means the postal employee can only deliver the 
  3.13  mail to the addressee. 
  3.14     The information required by this section may be provided by 
  3.15  a tape recording if provision is made to record or otherwise 
  3.16  register specifically whether the fertile male does or does not 
  3.17  choose to review the printed materials. 
  3.18     (c) The fertile male certifies in writing, prior to the 
  3.19  vasectomy, that the information described in this section has 
  3.20  been furnished him and that he has been informed of his 
  3.21  opportunity to review the information referred to in paragraph 
  3.22  (b). 
  3.23     (d) Prior to the performance of the vasectomy, the 
  3.24  physician who is to perform the vasectomy or the physician's 
  3.25  agent receives a copy of the written certification prescribed by 
  3.26  paragraph (c). 
  3.27     Subd. 3.  [NOTICE TO PARENTS, WIFE, AND WIFE'S PARENTS.] At 
  3.28  least 24 hours before the performance of a vasectomy, the 
  3.29  physician who is to perform the vasectomy must notify the 
  3.30  parents, wife, and wife's parents of the fertile male on whom 
  3.31  the vasectomy is to be performed of the date, time and place of 
  3.32  the planned vasectomy.  Notice shall be provided in person, by 
  3.33  telephone, or by certified mail. 
  3.34     Sec. 2.  [145.4246] [PRINTED INFORMATION.] 
  3.35     Within 90 days after this act is enacted, the department of 
  3.36  health shall cause to be published, in English and in each 
  4.1   language which is the primary language of two percent or more of 
  4.2   the state's population, the following printed materials in such 
  4.3   a way as to ensure that the information is easily comprehensible:
  4.4      (1) geographically indexed materials designed to inform the 
  4.5   fertile male of public and private agencies and services 
  4.6   available to a fertile male to assist him in his consideration 
  4.7   of receiving a vasectomy which shall include a comprehensive 
  4.8   list of the agencies available, a description of the services 
  4.9   they offer, and a description of the manner, including telephone 
  4.10  numbers, in which they might be contacted or, at the option of 
  4.11  the department of health, printed materials including a 
  4.12  toll-free, 24-hour a day telephone number which may be called to 
  4.13  obtain, orally, such a list and description of agencies in the 
  4.14  locality of the caller and of the services they offer; and 
  4.15     (2) materials designed to inform the fertile male about the 
  4.16  vasectomy and the risks associated with a vasectomy.  The 
  4.17  materials shall be objective, nonjudgmental, and designed to 
  4.18  convey only accurate scientific information about the vasectomy 
  4.19  and its risks, including its potential irreversibility.  The 
  4.20  material shall also contain objective information describing the 
  4.21  methods of vasectomy procedures commonly employed, the medical 
  4.22  risks commonly associated with each procedure, and the possible 
  4.23  detrimental psychological effects of a vasectomy. 
  4.24     The materials referred to in this section must be printed 
  4.25  in a typeface large enough to be clearly legible.  The materials 
  4.26  required under this section must be available at no cost from 
  4.27  the department of health upon request and in appropriate number 
  4.28  to any person, facility, or hospital. 
  4.29     Sec. 3.  [145.4247] [PROCEDURE IN CASE OF MEDICAL 
  4.30  EMERGENCY.] 
  4.31     When a medical emergency compels the performance of a 
  4.32  vasectomy the physician shall inform the fertile male, prior to 
  4.33  the vasectomy if possible, of the medical indications supporting 
  4.34  the physician's judgment that a vasectomy is necessary to avert 
  4.35  his death or that a 24-hour delay will create serious risk of 
  4.36  substantial and irreversible impairment of a major bodily 
  5.1   function.  
  5.2      Sec. 4.  [145.4248] [REMEDIES.] 
  5.3      Subdivision 1.  [CIVIL REMEDIES.] Any person upon whom a 
  5.4   vasectomy has been performed or the parent, wife, or wife's 
  5.5   parents of a person upon whom a vasectomy has been performed may 
  5.6   maintain an action against the person who performed the 
  5.7   vasectomy in knowing or reckless violation of this act for 
  5.8   actual and punitive damages.  Any person upon whom a vasectomy 
  5.9   has been attempted without complying with this act and that 
  5.10  person's parents, wife, and wife's parents may maintain an 
  5.11  action against the person who attempted to perform the vasectomy 
  5.12  in knowing or reckless violation of this act for actual and 
  5.13  punitive damages.  
  5.14     If judgment is rendered in favor of the plaintiff in any 
  5.15  action described in this section, the court shall also render 
  5.16  judgment for a reasonable attorney's fee in favor of the 
  5.17  plaintiff against the defendant.  If judgment is rendered in 
  5.18  favor of the defendant and the court finds that the plaintiff's 
  5.19  suit was frivolous and brought in bad faith, the court shall 
  5.20  also render judgment for a reasonable attorney's fee in favor of 
  5.21  the defendant against the plaintiff.  
  5.22     Subd. 2.  [PROTECTION OF PRIVACY IN COURT PROCEEDINGS.] In 
  5.23  every civil action brought under this act, the court shall rule 
  5.24  whether the anonymity of any fertile male upon whom a vasectomy 
  5.25  has been performed or attempted shall be preserved from public 
  5.26  disclosure if he does not give his consent to such disclosure.  
  5.27  The court, upon motion or sua sponte, shall make such a ruling 
  5.28  and, upon determining that his anonymity should be preserved, 
  5.29  shall issue orders to the parties, witnesses, and counsel and 
  5.30  shall direct the sealing of the record and exclusion of 
  5.31  individuals from courtrooms or hearing rooms to the extent 
  5.32  necessary to safeguard his identity from public disclosure.  
  5.33  Each order must be accompanied by specific written findings 
  5.34  explaining why the anonymity of the fertile male should be 
  5.35  preserved from public disclosure, why the order is essential to 
  5.36  that end, how the order is narrowly tailored to serve that 
  6.1   interest, and why no reasonable less restrictive alternative 
  6.2   exists.  In the absence of written consent of the fertile male 
  6.3   upon whom a vasectomy has been performed or attempted, anyone, 
  6.4   other than a public official, who brings an action under section 
  6.5   145.4248, subdivision 1, shall do so under a pseudonym.  This 
  6.6   section may not be construed to conceal the identity of the 
  6.7   plaintiff or of witnesses from the defendant. 
  6.8      Sec. 5.  [145.4249] [SEVERABILITY.] 
  6.9      If any provision, word, phrase, or clause of this act or 
  6.10  the application thereof to any person or circumstance is held 
  6.11  invalid, such invalidity shall not affect the provisions, words, 
  6.12  phrases, clauses, or applications of this act which can be given 
  6.13  effect without the invalid provision, word, phrase, clause, or 
  6.14  application and to this end, the provisions, words, phrases, and 
  6.15  clauses of this act are declared to be severable.