HF 2848

as introduced - 92nd Legislature (2021 - 2022) Posted on 02/15/2022 12:12pm

A bill for an act
relating to health; requiring certain disclosures as part of a chemical abortion;
proposing coding for new law in Minnesota Statutes, chapter 145.

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

Section 1.

new text begin [145.418] CHEMICAL ABORTION; REQUIRED DISCLOSURE.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) The terms defined in this subdivision apply to this section.
new text end

new text begin (b) "Abortion pill" means a medication or preparation that contains mifepristone or
misoprostol and is used to induce a chemical abortion.
new text end

new text begin (c) "Chemical abortion" means the use or administration of a drug or chemical with the
intent to terminate the clinically diagnosable pregnancy of a woman with knowledge that
the termination by those means will, with reasonable likelihood, cause the death of the
unborn child.
new text end

new text begin (d) "Health care provider" means a physician licensed under chapter 147, a physician
assistant licensed under chapter 147A, or a nurse practitioner who is licensed as an advanced
practice registered nurse by the Board of Nursing and certified by a national nurse
certification organization acceptable to the board as a nurse practitioner.
new text end

new text begin (e) "Mifepristone" means a synthetic steroid that inhibits the action of progesterone and
that is given orally in early pregnancy as the first drug in a two-drug process to induce a
chemical abortion.
new text end

new text begin (f) "Misoprostol" means a synthetic prostaglandin E₁ analogue that is administered as
the second drug in a two-drug process to induce a chemical abortion.
new text end

new text begin (g) "Unborn child" means the unborn offspring of a human being from the moment of
conception through pregnancy and until live birth.
new text end

new text begin Subd. 2. new text end

new text begin Required disclosure. new text end

new text begin (a) A health care provider, or any person acting under
the health care provider's direction, who administers, dispenses, or otherwise provides
mifepristone to a pregnant woman must also provide the following disclosure statement to
the pregnant woman:
new text end

new text begin "PLEASE READ BEFORE TAKING SECOND PILL
new text end

new text begin Research has indicated that the first pill provided, identified as mifepristone, is not
always effective in ending a pregnancy. If after taking the first pill you regret your decision,
please consult a health care provider immediately to determine if there are options available
to assist you in continuing your pregnancy."
new text end

new text begin (b) The disclosure statement may be provided by one of the following methods:
new text end

new text begin (1) stapling the disclosure statement to a bag, envelope, or other package that contains
misoprostol for the pregnant woman to self-administer at home;
new text end

new text begin (2) attaching the disclosure statement to a written prescription for misoprostol provided
by the health care provider or person acting under the health care provider's direction; or
new text end

new text begin (3) attaching the disclosure statement to the pregnant woman's discharge instructions or
health care instructions if the prescription for misoprostol is sent directly to a pharmacy.
new text end

new text begin Subd. 3. new text end

new text begin Right to abortion not created or recognized. new text end

new text begin Nothing in this section shall be
construed as creating or recognizing a right to abortion.
new text end

new text begin Subd. 4. new text end

new text begin Provision of disclosure statement not required. new text end

new text begin Nothing in this section shall
be construed to require the disclosure statement in subdivision 2 to be provided:
new text end

new text begin (1) to a woman experiencing a spontaneous miscarriage; or
new text end

new text begin (2) by a pharmacy or any entity other than the facility or setting where the mifepristone
is provided or administered to the pregnant woman.
new text end