HF 1879

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 certain consent 
  1.3             procedures before an abortion; proposing coding for 
  1.4             new law in Minnesota Statutes, chapter 145. 
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  [145.4115] [ABORTION; CONSENT PROCEDURES.] 
  1.7      Subdivision 1.  [GENERAL.] Unless a physician determines, 
  1.8   on the basis of the physician's good faith clinical judgment, 
  1.9   that there is a medical emergency that so complicates a 
  1.10  pregnancy as to necessitate an immediate abortion to avert the 
  1.11  death of or grave and immediate bodily harm to a pregnant woman, 
  1.12  at least 24 hours before the abortion, either the physician who 
  1.13  is to perform the abortion or the physician's agent must tell 
  1.14  the woman:  
  1.15     (1) the probable gestational age of the fetus at the time 
  1.16  the abortion is to be performed; 
  1.17     (2) the nature of the proposed procedure or treatment and 
  1.18  of those risks and alternatives to the procedure or treatment 
  1.19  that a reasonable patient would consider material to the 
  1.20  decision of whether or not to undergo the abortion such as, when 
  1.21  medically accurate, the risks of infection, hemorrhage, danger 
  1.22  to subsequent pregnancies, and infertility; 
  1.23     (3) that she has the right to review the printed materials 
  1.24  described in subdivision 2; and 
  1.25     (4) the common medical risks associated with carrying her 
  2.1   fetus to term. 
  2.2   This information may be provided by telephone without conducting 
  2.3   a physical examination or tests of the woman, in which case the 
  2.4   information required to be supplied may be based on facts 
  2.5   supplied by the woman and whatever other relevant information is 
  2.6   reasonably available to the physician or physician's agent.  The 
  2.7   physician or physician's agent shall also orally inform the 
  2.8   woman that the printed materials have been provided by the 
  2.9   state.  If the woman chooses to view the materials, they must be 
  2.10  given to her at least 24 hours before the abortion or mailed to 
  2.11  her at least 72 hours before the abortion.  The physician or 
  2.12  physician's agent may choose to disassociate from the materials, 
  2.13  and may choose to comment or refrain from commenting on the 
  2.14  materials.  
  2.15     The requirements of this subdivision shall not necessarily 
  2.16  be considered a reasonable standard of care and a violation of 
  2.17  this subdivision shall not constitute negligence per se.  
  2.18     Subd. 2.  [PRINTED INFORMATION.] By January 1, 1996, the 
  2.19  commissioner of health shall develop, for duplication by medical 
  2.20  facilities, the following easily comprehensible printed 
  2.21  materials in every language that is the primary language of one 
  2.22  percent or more of the residents of Minnesota: 
  2.23     (1) geographically indexed materials designed to inform the 
  2.24  woman of public and private agencies and services available to 
  2.25  assist a woman through pregnancy, upon childbirth, and while the 
  2.26  child is dependent, as well as adoption agencies, including a 
  2.27  list of the agencies available, a description of the services 
  2.28  they offer, telephone numbers of the agencies, and a description 
  2.29  of the manner in which they might be contacted; 
  2.30     (2) materials to inform the woman that pregnancy may be 
  2.31  avoided by the use of contraceptives and where those 
  2.32  contraceptives may be obtained at no cost or reduced cost; 
  2.33     (3) materials to inform the woman that she may be able to 
  2.34  obtain child support; 
  2.35     (4) materials designed to inform the woman of the major 
  2.36  anatomical and physiological characteristics of the fetus at 
  3.1   two-week gestational increments during the first and second 
  3.2   trimesters.  The materials must be objective, nonjudgmental, and 
  3.3   convey only accurate scientific information about the fetus at 
  3.4   the various gestational ages; and 
  3.5      (5) a statement of the gestational stage at which a fetus 
  3.6   is likely to become viable.  
  3.7      The information and printed materials required to be 
  3.8   developed under subdivision 2 are exempt from chapter 14. 
  3.9      Subd. 3.  [ACKNOWLEDGMENT.] Before an abortion is 
  3.10  performed, the woman shall be given the name of the physician 
  3.11  who will perform the abortion and sign an acknowledgment form 
  3.12  that indicates that:  
  3.13     (1) she has received the information described in 
  3.14  subdivision 1 and had the opportunity to review the printed 
  3.15  materials described in subdivision 2; and 
  3.16     (2) she has had the opportunity to ask questions about the 
  3.17  materials and the procedure.  
  3.18     The acknowledgment form may be combined with other consent 
  3.19  forms.  
  3.20     Subd. 4.  [VIOLATION.] The license of any physician or 
  3.21  physician's agent who violates this section may be subject to 
  3.22  suspension or revocation pursuant to the provisions of chapter 
  3.23  147 or 148.  
  3.24     This subdivision does not limit or preclude any other 
  3.25  remedies that a woman may have available to her.