HF 646

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to prevention of abortion, unintended
pregnancies, and sexually transmitted infection;
increasing access to family planning services;
expanding educational efforts to prevent unintended
pregnancies; increasing wholesome after-school
activities for youth; requiring development of a plan
to ensure comprehensive family life and sexuality
education; creating after-school enrichment programs;
requiring the provision of contraceptive information;
creating a family planning Web site; modifying the
ENABL and family planning grant programs; establishing
regional training sites for comprehensive family life
and sexuality education in schools; requiring family
planning information be provided to MFIP recipients;
appropriating money; amending Minnesota Statutes 2004,
sections 145.4243; 145.925, subdivision 9; 145.9255,
subdivisions 1, 4; 256J.45, subdivision 2; proposing
coding for new law in Minnesota Statutes, chapters
121A; 124D; 145.

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

Section 1. new text begin PURPOSE.
new text end

new text begin The legislature finds that many Minnesota women do not have
access to birth control and information about family planning.
The legislature further finds that providing access to family
planning information and contraception will prevent abortions
and unintended pregnancies and reduce the number of women who
need medical assistance, MFIP, and other social services.
new text end

new text begin The legislature further recognizes that in the most recent
peer-reviewed study of family planning cost-effectiveness, an
analysis of California's program showed that for every
$1,000,000 spent on family planning, over 900 unintended
pregnancies were prevented and more than 350 abortions were
avoided. The unintended pregnancies prevented by the California
family planning efforts saved an estimated $4.48 in public
expenditures for every $1 spent.
new text end

Sec. 2.

new text begin [121A.231] COMPREHENSIVE FAMILY LIFE AND
SEXUALITY EDUCATION.
new text end

new text begin The commissioner shall develop a plan that ensures all
school districts provide comprehensive family life and sexuality
education no later than the 2008-2009 school year. For the
purposes of this section, "comprehensive family life and
sexuality education" means education in grades kindergarten
through 12 that:
new text end

new text begin (1) respects community values and encourages family
communication;
new text end

new text begin (2) develops skills in communication, decision making, and
conflict resolution;
new text end

new text begin (3) contributes to healthy relationships;
new text end

new text begin (4) provides human development and sexuality education that
is medically accurate and age appropriate;
new text end

new text begin (5) promotes responsible sexual behavior, including
promotion of abstinence;
new text end

new text begin (6) addresses the use of contraception; and
new text end

new text begin (7) promotes individual responsibility.
new text end

Sec. 3.

new text begin [124D.222] AFTER-SCHOOL ENRICHMENT PROGRAMS.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin A competitive statewide
after-school enrichment grant program is established to provide
implementation grants to community or nonprofit organizations,
political subdivisions, or school-based programs. The
commissioner shall develop criteria for after-school enrichment
programs.
new text end

new text begin Subd. 2. new text end

new text begin Program outcomes. new text end

new text begin The expected outcomes of the
after-school enrichment programs are to:
new text end

new text begin (1) increase the number of children participating in
adult-supervised programs in nonschool hours;
new text end

new text begin (2) support academic achievement, including the areas of
reading and math;
new text end

new text begin (3) reduce the incidence of juvenile sexual activity;
new text end

new text begin (4) reduce the amount of juvenile crime;
new text end

new text begin (5) increase school attendance and reduce the number of
school suspensions;
new text end

new text begin (6) increase the number of youth engaged in community
service and other activities designed to support character
improvement, strengthen families, and instill community values;
new text end

new text begin (7) increase skills in technology, the arts, sports, and
other activities; and
new text end

new text begin (8) increase and support the academic achievement and
character development of adolescent parents.
new text end

new text begin Subd. 3. new text end

new text begin Plan. new text end

new text begin A grant applicant shall develop a plan
for an after-school enrichment program for youth. The plan must
include:
new text end

new text begin (1) collaboration with and leverage of existing community
resources that have demonstrated effectiveness;
new text end

new text begin (2) creative outreach to children and youth;
new text end

new text begin (3) involvement of local governments, including park and
recreation boards or schools, unless no government agency is
appropriate;
new text end

new text begin (4) community control over the design of the enrichment
program; and
new text end

new text begin (5) identification of the sources of nonpublic funding.
new text end

new text begin Subd. 4. new text end

new text begin Plan approval; grants. new text end

new text begin A grant applicant shall
submit a plan developed under subdivision 3 to the commissioner
for approval. The commissioner shall award a grant for the
implementation of an approved plan.
new text end

Sec. 4.

new text begin [145.4125] FAMILY PLANNING INFORMATION.
new text end

new text begin Before or after an abortion is or has been performed, the
hospital or health care facility performing the abortion must
provide the woman with written information on all FDA-approved
methods of contraception and natural family planning and must
offer referral information on local community resources that
provide contraceptive services and family planning counseling at
no cost or at a reduced cost to low-income clients. This
information must be provided within a reasonable time before or
after an abortion is to be performed.
new text end

Sec. 5.

Minnesota Statutes 2004, section 145.4243, is
amended to read:

145.4243 PRINTED INFORMATION.

(a) Within 90 days after July 1, 2003, the commissioner of
health shall cause to be published, in English and in each
language that is the primary language of two percent or more of
the state's population, and shall cause to be available on the
state Web site provided for under section 145.4244 the following
printed materials in such a way as to ensure that the
information is easily comprehensible:

(1) geographically indexed materials designed to inform the
female of public and private agencies and services available to
assist a female through pregnancy, upon childbirth, and while
the child is dependent, including adoption agencies, which shall
include a comprehensive list of the agencies available, a
description of the services they offer, and a description of the
manner, including telephone numbers, in which they might be
contacted or, at the option of the commissioner of health,
printed materials including a toll-free, 24-hours-a-day
telephone number that may be called to obtain, orally or by a
tape recorded message tailored to a zip code entered by the
caller, such a list and description of agencies in the locality
of the caller and of the services they offer;

(2) materials designed to inform the female of the probable
anatomical and physiological characteristics of the unborn child
at two-week gestational increments from the time when a female
can be known to be pregnant to full term, including any relevant
information on the possibility of the unborn child's survival
and pictures or drawings representing the development of unborn
children at two-week gestational increments, provided that any
such pictures or drawings must contain the dimensions of the
fetus and must be realistic and appropriate for the stage of
pregnancy depicted. The materials shall be objective,
nonjudgmental, and designed to convey only accurate scientific
information about the unborn child at the various gestational
ages. The material shall also contain objective information
describing the methods of abortion procedures commonly employed,
the medical risks commonly associated with each procedure, the
possible detrimental psychological effects of abortion, and the
medical risks commonly associated with carrying a child to term;
deleted text begin and
deleted text end

(3) materials with the following information concerning an
unborn child of 20 weeks gestational age and at two weeks
gestational increments thereafter in such a way as to ensure
that the information is easily comprehensible:

(i) the development of the nervous system of the unborn
child;

(ii) fetal responsiveness to adverse stimuli and other
indications of capacity to experience organic pain; and

(iii) the impact on fetal organic pain of each of the
methods of abortion procedures commonly employed at this stage
of pregnancy new text begin ; and
new text end

new text begin (4) materials on all FDA-approved methods of contraception
and natural family planning and referral information on public
and private agencies and community resources that provide
contraceptive services and counseling at no cost or at a reduced
cost to low-income clients new text end .

The material under this clause shall be objective,
nonjudgmental, and designed to convey only accurate scientific
information.

(b) The materials referred to in this section must be
printed in a typeface large enough to be clearly legible. The
Web site provided for under section 145.4244 shall be maintained
at a minimum resolution of 70 DPI (dots per inch). All pictures
appearing on the Web site shall be a minimum of 200x300 pixels.
All letters on the Web site shall be a minimum of 11-point
font. All information and pictures shall be accessible with an
industry standard browser, requiring no additional plug-ins.
The materials required under this section must be available at
no cost from the commissioner of health upon request and in
appropriate number to any person, facility, or hospital.

Sec. 6.

new text begin [145.426] FAMILY PLANNING WEB SITE.
new text end

new text begin The commissioner of health shall develop and maintain, as
part of the department's Web site, information on family
planning and referrals to local community resources to assist
women and families in preventing unintended pregnancies. The
Web site must provide information on:
new text end

new text begin (1) family planning methods, including all FDA-approved
methods of contraception and natural family planning;
new text end

new text begin (2) basic preventive reproductive health services,
including breast and pelvic examinations; cervical cancer;
screenings for sexually transmitted diseases (STD) and human
immunodeficiency virus (HIV); and pregnancy diagnosis and
counseling; and
new text end

new text begin (3) referrals to local community providers and resources,
including subsidized family planning providers, that provide
family planning services and counseling and basic preventive
reproductive health services.
new text end

Sec. 7.

Minnesota Statutes 2004, section 145.925,
subdivision 9, is amended to read:

Subd. 9.

Amount of grant; rules.

Notwithstanding any
rules to the contrary, including rules proposed in the State
Register on April 1, 1991, the commissioner, in allocating grant
funds for family planning special projects, shall not limit the
total amount of funds that can be allocated to an organization.
The commissioner shall allocate to an organization receiving
grant funds on July 1, 1997, at least the same amount of grant
funds for the 1998 to 1999 grant cycle as the organization
received for the 1996 to 1997 grant cycle, provided the
organization submits an application that meets grant funding
criteria. new text begin In allocating the grant funds, the commissioner shall
ensure that grant funds for family planning special projects are
available in every county. new text end This subdivision does not affect any
procedure established in rule for allocating special project
money to the different regions. The commissioner shall revise
the rules for family planning special project grants so that
they conform to the requirements of this subdivision. In
adopting these revisions, the commissioner is not subject to the
rulemaking provisions of chapter 14, but is bound by section
14.386, paragraph (a), clauses (1) and (3). Section 14.386,
paragraph (b), does not apply to these rules.

Sec. 8.

Minnesota Statutes 2004, section 145.9255,
subdivision 1, is amended to read:

Subdivision 1.

Establishment.

The commissioner of
health, in consultation with a representative from Minnesota
planning, the commissioner of human services, and the
commissioner of education, shall develop and implement the
Minnesota education now and babies later (MN ENABL) program,
targeted to adolescents ages 12 to 14, with the goal of reducing
the incidence of adolescent pregnancy in the state deleted text begin and promoting
abstinence until marriage deleted text end new text begin through comprehensive sexuality
education that promotes abstinence and promotes male sexual
responsibility new text end . The program must provide a multifaceted,
primary prevention, community health promotion approach to
educating and supporting adolescents in the decision to postpone
sexual involvement deleted text begin modeled after the ENABL program in
California. The commissioner of health shall consult with the
chief of the health education section of the California
Department of Health Services for general guidance in developing
and implementing the program deleted text end .

Sec. 9.

Minnesota Statutes 2004, section 145.9255,
subdivision 4, is amended to read:

Subd. 4.

Program components.

The program must include
the following four major components:

(a) A community organization component in which the
community-based local contractors shall include:

(1) use of a deleted text begin postponing sexual involvement deleted text end new text begin comprehensive
sexuality new text end education curriculum new text begin that promotes abstinence and
promotes male sexual responsibility new text end targeted to boys and girls
ages 12 to 14 in schools and/or community settings;

(2) planning and implementing community organization
strategies to convey and reinforce the MN ENABL message of
postponing sexual involvement, including activities promoting
awareness and involvement of parents and other primary
caregivers/significant adults, schools, and community; and

(3) development of local media linkages.

(b) A statewide, comprehensive media and public relations
campaign to promote changes in sexual attitudes and behaviors,
and reinforce the message of postponing adolescent sexual
involvement deleted text begin and deleted text end new text begin , new text end promoting abstinence deleted text begin from sexual activity until
marriage deleted text end new text begin , and promoting male sexual responsibility new text end . Nothing in
this paragraph shall be construed to prevent the commissioner
from targeting populations that historically have had a high
incidence of adolescent pregnancy with culturally appropriate
messages on abstinence from sexual activity.

The commissioner of health, in consultation with the
commissioner of education, shall develop and implement the media
and public relations campaign. In developing the campaign, the
commissioner of health shall coordinate and consult with
representatives from ethnic and local communities to maximize
effectiveness of the social marketing approach to health
promotion among the culturally diverse population of the state.
The commissioner may continue to use any campaign materials or
media messages developed or produced prior to July 1, 1999.

The local community-based contractors shall collaborate and
coordinate efforts with other community organizations and
interested persons to provide school and community-wide
promotional activities that support and reinforce the message of
the MN ENABL curriculum.

(c) An evaluation component which evaluates the process and
the impact of the program.

The "process evaluation" must provide information to the
state on the breadth and scope of the program. The evaluation
must identify program areas that might need modification and
identify local MN ENABL contractor strategies and procedures
which are particularly effective. Contractors must keep
complete records on the demographics of clients served, number
of direct education sessions delivered and other appropriate
statistics, and must document exactly how the program was
implemented. The commissioner may select contractor sites for
more in-depth case studies.

The "impact evaluation" must provide information to the
state on the impact of the different components of the MN ENABL
program and an assessment of the impact of the program on
adolescents' related sexual knowledge, attitudes, and
risk-taking behavior.

The commissioner shall compare the MN ENABL evaluation
information and data with similar evaluation data from other
states pursuing a similar adolescent pregnancy prevention
program deleted text begin modeled after ENABL deleted text end and use the information to improve
MN ENABL and build on aspects of the program that have
demonstrated a delay in adolescent sexual involvement.

(d) A training component requiring the commissioner of
health, in consultation with the commissioner of education, to
provide comprehensive uniform training to the local MN ENABL
community-based local contractors and the direct education
program staff.

The local community-based contractors may use adolescent
leaders slightly older than the adolescents in the program to
impart the message to postpone sexual involvement provided:

(1) the contractor follows a protocol for adult
mentors/leaders and older adolescent leaders established by the
commissioner of health;

(2) the older adolescent leader is accompanied by an adult
leader; and

(3) the contractor uses the curriculum as directed and
required by the commissioner of the Department of Health to
implement this part of the program. The commissioner of health
shall provide technical assistance to community-based local
contractors.

Sec. 10.

Minnesota Statutes 2004, section 256J.45,
subdivision 2, is amended to read:

Subd. 2.

General information.

The MFIP orientation must
consist of a presentation that informs caregivers of:

(1) the necessity to obtain immediate employment;

(2) the work incentives under MFIP, including the
availability of the federal earned income tax credit and the
Minnesota working family tax credit;

(3) the requirement to comply with the employment plan and
other requirements of the employment and training services
component of MFIP, including a description of the range of work
and training activities that are allowable under MFIP to meet
the individual needs of participants;

(4) the consequences for failing to comply with the
employment plan and other program requirements, and that the
county agency may not impose a sanction when failure to comply
is due to the unavailability of child care or other
circumstances where the participant has good cause under
subdivision 3;

(5) the rights, responsibilities, and obligations of
participants;

(6) the types and locations of child care services
available through the county agency;

(7) the availability and the benefits of the early
childhood health and developmental screening under sections
121A.16 to 121A.19; 123B.02, subdivision 16; and 123B.10;

(8) the caregiver's eligibility for transition year child
care assistance under section 119B.05;

(9) the availability of all health care programs, including
transitional medical assistance;

(10) the caregiver's option to choose an employment and
training provider and information about each provider, including
but not limited to, services offered, program components, job
placement rates, job placement wages, and job retention rates;

(11) the caregiver's option to request approval of an
education and training plan according to section 256J.53;

(12) the work study programs available under the higher
education system; deleted text begin and
deleted text end

(13) information about the 60-month time limit exemptions
under the family violence waiver and referral information about
shelters and programs for victims of family violence new text begin ; and
new text end

new text begin (14) information on family planning and referral to local
community providers and resources that provide family planning
services and counseling at no cost or at a reduced cost and to
the Department of Health's Web site established under section
145.426 new text end .

Sec. 11. new text begin REGIONAL TRAINING SITES FOR COMPREHENSIVE FAMILY
LIFE AND SEXUALITY EDUCATION IN SCHOOLS.
new text end

new text begin The commissioner of education shall establish eight
regional training centers in partnership with school districts
outside of the cities of Minneapolis and St. Paul to implement
comprehensive curriculum and programs to prevent and reduce the
risk of HIV/AIDS and unintended pregnancy as required under
Minnesota Statutes, sections 121A.23 and 121A.231. The
commissioner shall provide technical and financial assistance to
each school district to identify policy, curriculum, and service
gaps, to purchase curriculum and materials and provide training
or services to fill these gaps, to identify opportunities to
coordinate HIV and sexuality education with other special
curriculum offerings, and to assess the effectiveness of
curriculum and services. Each regional training center shall
provide programs and services to nearby school districts to meet
the requirements of Minnesota Statutes, sections 121A.23 and
121A.231. The commissioner and each school district shall work
with a community advisory committee to establish and review the
operation of each training center.
new text end

Sec. 12. new text begin APPROPRIATION.
new text end

new text begin Subdivision 1. new text end

new text begin Department of education. new text end

new text begin The sums
indicated in subdivisions 2 and 3 are appropriated from the
general fund to the Department of Education for the fiscal years
designated.
new text end

new text begin Subd. 2. new text end

new text begin Regional training sites for comprehensive family
life and sexuality education. new text end

new text begin For regional training sites for
comprehensive family life and sexuality education:
new text end

new text begin $3,000,000 new text end new text begin ..... new text end new text begin 2006
new text end

new text begin $3,000,000 new text end new text begin ..... new text end new text begin 2007
new text end

new text begin Any balance remaining in the first year does not cancel but
is available in the second year.
new text end

new text begin Subd. 3. new text end

new text begin After-school enrichment grants. new text end

new text begin For
after-school enrichment grants under Minnesota Statutes, section
124D.222:
new text end

new text begin $5,510,000 new text end new text begin ..... new text end new text begin 2006
new text end

new text begin $5,510,000 new text end new text begin ..... new text end new text begin 2007
new text end

new text begin Any balance remaining in the first year does not cancel but
is available in the second year.
new text end

new text begin Subd. 4. new text end

new text begin Department of health. new text end

new text begin (a) $1,200,000 is
appropriated for fiscal year 2006 from the general fund to the
commissioner of health for purposes of the ENABL program under
Minnesota Statutes, section 145.9255.
new text end

new text begin (b) $100,000 is appropriated for fiscal year 2006 from the
general fund to the commissioner of health for public education
to promote the awareness and proper usage of emergency
contraception. This appropriation shall only be used if the
United States Food and Drug Administration approves the
over-the-counter sale of emergency contraception.
new text end

new text begin (c) $2,000,000 is appropriated for fiscal year 2006 from
the general fund to the commissioner of health to provide grants
to government or nonprofit entities operating a school-based
clinic serving students in middle or high school that provides
reproductive health services, including FDA-approved
contraceptive methods, testing and treatment of sexually
transmitted diseases, and sexual health education. Grant
allocations must be based on a formula developed by the
commissioner that recognizes the percentage of students served
by each clinic who are uninsured.
new text end

new text begin (d) $5,000,000 is appropriated for the biennium beginning
July 1, 2005, from the general fund to the commissioner of
health for family planning special project grants under
Minnesota Statutes, section 145.925.
new text end