HF 1886

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             an abortion; proposing coding for new law in Minnesota 
  1.4             Statutes, chapter 145. 
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  [145.4245] [INFORMED CONSENT PROVISIONS.] 
  1.7      Subdivision 1.  [INFORMED CONSENT; GENERAL RULE.] The 
  1.8   legislature finds that the health of women affects their ability 
  1.9   to provide for their families, and that the health of women is 
  1.10  greatly jeopardized when they make decisions without complete 
  1.11  information.  Unless there is a medical emergency that so 
  1.12  complicates a pregnancy as to necessitate an immediate abortion 
  1.13  to avert the death of the mother or for which a 24-hour delay 
  1.14  will create grave peril of immediate and irreversible loss of 
  1.15  major bodily function, at least 24 hours before the abortion, 
  1.16  either the physician who is to perform the abortion or a 
  1.17  referring physician must tell the woman: 
  1.18     (a) the probable gestational age of the unborn child at the 
  1.19  time the abortion is to be performed; 
  1.20     (b) the name of the physician who will perform the 
  1.21  abortion; 
  1.22     (c) the particular medical risks associated with the 
  1.23  particular abortion procedure to be used including, when 
  1.24  medically accurate, the risks of infection, hemorrhage, danger 
  1.25  to subsequent pregnancies, and infertility; 
  2.1      (d) that she has the right to review the printed materials 
  2.2   described in subdivision 2; and 
  2.3      (e) the medical risks associated with carrying her child to 
  2.4   term. 
  2.5   The physician or the referring physician may provide this 
  2.6   information by telephone without conducting a physical 
  2.7   examination or tests of the patient, in which case the 
  2.8   information required to be supplied may be based on facts 
  2.9   supplied by the patient and whatever other relevant information 
  2.10  is reasonably available to the physician or the referring 
  2.11  physician.  The physician or the physician's agent shall also 
  2.12  orally inform the woman that the printed materials have been 
  2.13  provided by the state.  If the woman chooses to view the 
  2.14  materials, they shall be given to her at least 24 hours before 
  2.15  the abortion or mailed to her at least 72 hours before the 
  2.16  abortion by certified mail, restricted delivery to addressee, 
  2.17  which means the postal employee can only deliver mail to the 
  2.18  addressee.  The physician or the physician's agent may choose to 
  2.19  disassociate himself or herself from the materials, and may 
  2.20  choose to comment or refrain from comment on the materials. 
  2.21     Subd. 2.  [PRINTED INFORMATION.] Within 60 days after the 
  2.22  effective date of this act the commissioner of health shall 
  2.23  develop, for reproduction by medical facilities, the following 
  2.24  easily comprehensible printed materials in every language that 
  2.25  is the primary language of one percent or more of the residents 
  2.26  of Minnesota: 
  2.27     (1) geographically indexed materials designed to inform the 
  2.28  woman of public and private agencies and services available to 
  2.29  assist a woman through pregnancy, upon childbirth, and while the 
  2.30  child is dependent, as well as adoption agencies.  The materials 
  2.31  must include a comprehensive list of the agencies available, a 
  2.32  description of the services they offer, telephone numbers of the 
  2.33  agencies, and a description of the manner in which they might be 
  2.34  contacted; and 
  2.35     (2) materials designed to inform the woman of the probable 
  2.36  anatomical and physiological characteristics of the unborn child 
  3.1   at two-week gestational increments from the time when a woman 
  3.2   can be known to be pregnant to full term, including any relevant 
  3.3   information on the possibility of the unborn child's survival.  
  3.4   The materials shall be objective, nonjudgmental, and designed to 
  3.5   convey only accurate scientific information about the unborn 
  3.6   child at the various gestational ages. 
  3.7      Subd. 3.  [CIVIL DAMAGES FOR ABORTIONS PERFORMED WITHOUT 
  3.8   INFORMED CONSENT.] Any person with standing may maintain an 
  3.9   action against the person who performed an abortion in violation 
  3.10  of subdivision 1 for civil damages.  Those with standing are a 
  3.11  woman upon whom, or the parent of a minor upon whom, an abortion 
  3.12  that is unlawful under subdivision 1 has been performed or 
  3.13  attempted to be performed and the father of the unborn child 
  3.14  subject to an abortion that is unlawful under subdivision 1.