HF 1887

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

  1.1                          A bill for an act 
  1.2             relating to abortions; providing rules for informed 
  1.3             consent; providing for certain civil damages; 
  1.4             proposing coding for new law in Minnesota Statutes, 
  1.5             chapter 145. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  [145.4245] [INFORMED CONSENT PROVISIONS.] 
  1.8      Subdivision 1.  [INFORMED CONSENT; GENERAL RULE.] Unless 
  1.9   there is a medical emergency that so complicates a pregnancy as 
  1.10  to necessitate an immediate abortion to avert the death of the 
  1.11  mother or for which a 24-hour delay will create grave peril of 
  1.12  immediate and irreversible loss of major bodily function, at 
  1.13  least 24 hours before the abortion, either the physician who is 
  1.14  to perform the abortion or a referring physician must tell the 
  1.15  woman the probable gestational age of the unborn child at the 
  1.16  time the abortion is to be performed and that she has the right 
  1.17  to review the printed materials described in subdivision 2.  The 
  1.18  physician or the physician's agent may choose to disassociate 
  1.19  himself or herself from the materials, and may choose to comment 
  1.20  or refrain from comment on the materials. 
  1.21     Subd. 2.  [PRINTED INFORMATION.] (a) Within 60 days after 
  1.22  the effective date of this act the commissioner of health shall 
  1.23  develop, for reproduction by medical facilities, the following 
  1.24  easily comprehensible printed materials in every language that 
  1.25  is the primary language of one percent or more of the residents 
  2.1   of Minnesota: 
  2.2      (1) geographically indexed materials designed to inform the 
  2.3   woman of public and private agencies and services available to 
  2.4   assist a woman through pregnancy, upon childbirth, and while the 
  2.5   child is dependent, as well as adoption agencies.  The materials 
  2.6   must include a comprehensive list of the agencies available, a 
  2.7   description of the services they offer, telephone numbers of the 
  2.8   agencies, and a description of the manner in which they might be 
  2.9   contacted; and 
  2.10     (2) materials designed to inform the woman of the probable 
  2.11  anatomical and physiological characteristics of the unborn child 
  2.12  at two-week gestational increments from the time when a woman 
  2.13  can be known to be pregnant to full term, including any relevant 
  2.14  information on the possibility of the unborn child's survival.  
  2.15  The materials shall be objective, nonjudgmental, and designed to 
  2.16  convey only accurate scientific information about the unborn 
  2.17  child at the various gestational ages. 
  2.18     Subd. 3.  [CIVIL DAMAGES FOR ABORTIONS PERFORMED WITHOUT 
  2.19  INFORMED CONSENT.] Any person with standing may maintain an 
  2.20  action against the person who performed an abortion in violation 
  2.21  of subdivision 1 for $10,000 in punitive damages and treble 
  2.22  whatever actual damages the plaintiff may have sustained.  Those 
  2.23  with standing are a woman upon whom, or the parent of a minor 
  2.24  upon whom, an abortion that is unlawful under subdivision 1 has 
  2.25  been performed or attempted to be performed and the father of 
  2.26  the unborn child subject to an abortion that is unlawful under 
  2.27  subdivision 1. 
  2.28     Sec. 2.  [EFFECTIVE DATE.] 
  2.29     This act takes effect the day after final enactment and its 
  2.30  provisions are severable as provided by Minnesota Statutes, 
  2.31  section 645.20.