SF 3387

3rd Engrossment - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to health; requiring informed consent of a 
  1.3             female upon whom an abortion is performed; 
  1.4             appropriating money; proposing coding for new law in 
  1.5             Minnesota Statutes, chapter 145. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  [145.4241] [DEFINITIONS.] 
  1.8      Subdivision 1.  [APPLICABILITY.] As used in sections 
  1.9   145.4241 to 145.4246, the following terms have the meaning given 
  1.10  them. 
  1.11     Subd. 2.  [ABORTION.] "Abortion" includes an act, 
  1.12  procedure, or use of any instrument, medicine, or drug which is 
  1.13  supplied or prescribed for or administered to a woman known to 
  1.14  be pregnant with the intention to terminate the pregnancy with 
  1.15  an intention other than to increase the probability of live 
  1.16  birth, to preserve the life or health of the child after live 
  1.17  birth, or to remove a dead fetus. 
  1.18     Subd. 3.  [ATTEMPT TO PERFORM AN ABORTION.] "Attempt to 
  1.19  perform an abortion" means an act, or an omission of a 
  1.20  statutorily required act, that, under the circumstances as the 
  1.21  actor believes them to be, constitutes a substantial step in a 
  1.22  course of conduct planned to culminate in the performance of an 
  1.23  abortion in Minnesota in violation of sections 145.4241 to 
  1.24  145.4246. 
  1.25     Subd. 4.  [MEDICAL EMERGENCY.] "Medical emergency" means 
  2.1   any condition that, on the basis of the physician's good faith 
  2.2   clinical judgment, complicates the medical condition of a 
  2.3   pregnant female to the extent that: 
  2.4      (1) an immediate abortion of her pregnancy is necessary to 
  2.5   avert her death; or 
  2.6      (2) a 24-hour delay in performing an abortion creates a 
  2.7   serious risk of substantial injury or impairment of a major 
  2.8   bodily function. 
  2.9      Subd. 5.  [PHYSICIAN.] "Physician" means a person licensed 
  2.10  under chapter 147. 
  2.11     Subd. 6.  [PROBABLE GESTATIONAL AGE OF THE FETUS.] 
  2.12  "Probable gestational age of the fetus" means what will, in the 
  2.13  judgment of the physician, with reasonable probability, be the 
  2.14  gestational age of the fetus at the time the abortion is planned 
  2.15  to be performed. 
  2.16     Sec. 2.  [145.4242] [INFORMED CONSENT.] 
  2.17     (a) No abortion shall be performed in this state except 
  2.18  with the voluntary and informed consent of the female upon whom 
  2.19  the abortion is to be performed.  Except in the case of a 
  2.20  medical emergency, consent to an abortion is voluntary and 
  2.21  informed only if the female is told the following, by telephone 
  2.22  or in person, by the physician who is to perform the abortion, 
  2.23  the referring physician, a registered nurse, or a licensed 
  2.24  practical nurse, at least 24 hours prior to the abortion: 
  2.25     (1) the particular medical risks associated with the 
  2.26  particular abortion procedure to be employed including, when 
  2.27  medically accurate, the risks of infection, hemorrhage, breast 
  2.28  cancer, danger to subsequent pregnancies, and infertility; 
  2.29     (2) the probable gestational age of the fetus at the time 
  2.30  the abortion is to be performed; 
  2.31     (3) the medical risks associated with carrying to term; 
  2.32     (4) that medical assistance benefits may be available for 
  2.33  prenatal care, childbirth, and neonatal care; 
  2.34     (5) that the father is liable to assist in the support of 
  2.35  her child, even in instances when the father has offered to pay 
  2.36  for the abortion; 
  3.1      (6) the availability of a toll-free number and Web site 
  3.2   that can provide information on support services during 
  3.3   pregnancy and while the child is dependent and offer 
  3.4   alternatives to abortion; and 
  3.5      (7) that she has the right to review the printed materials 
  3.6   described in section 145.4243, and the printed materials are 
  3.7   available on the state Web site.  
  3.8      (b) The physician or the physician's agent shall orally 
  3.9   inform the female that the materials have been provided by the 
  3.10  state of Minnesota and that they describe the unborn child and 
  3.11  list agencies that offer alternatives to abortion. 
  3.12     (c) The physician or the physician's agent shall orally 
  3.13  inform the female of the Web site address and toll-free number. 
  3.14     (d) If the female chooses to view the materials, they shall 
  3.15  either be given to her at least 24 hours before the abortion or 
  3.16  mailed to her at least 72 hours before the abortion by first 
  3.17  class mail, or at the woman's request, by certified mail, 
  3.18  restricted delivery to addressee, which means the postal 
  3.19  employee may only deliver the mail to the addressee.  The 
  3.20  envelope used by the physician shall not identify the name of 
  3.21  the physician or the physician's clinic or business. 
  3.22     (e) If a physical examination, tests, or the availability 
  3.23  of other information to the physician subsequently indicates, in 
  3.24  the medical judgment of the physician, a revision of the 
  3.25  information previously supplied to the patient, that revised 
  3.26  information may be communicated to the patient at any time prior 
  3.27  to the performance of the abortion. 
  3.28     Sec. 3.  [145.4243] [PRINTED INFORMATION.] 
  3.29     Subdivision 1.  [MATERIALS.] (a) Within 90 days after the 
  3.30  effective date of sections 145.4241 to 145.4246, the department 
  3.31  of health shall cause to be published, in English and in each 
  3.32  language that is the primary language of two percent or more of 
  3.33  the state's population, the printed materials described in 
  3.34  paragraphs (b) and (c) in such a way as to ensure that the 
  3.35  information is easily comprehensible. 
  3.36     (b) The materials must be designed to inform the female of 
  4.1   the probable anatomical and physiological characteristics of the 
  4.2   fetus at two-week gestational increments from the time when a 
  4.3   female can be known to be pregnant to full term, including any 
  4.4   relevant information on the possibility of the fetus's survival 
  4.5   and pictures or drawings representing the development of the 
  4.6   fetus at two-week gestational increments, provided that any such 
  4.7   pictures or drawings must contain the dimensions of the fetus 
  4.8   and must be realistic and appropriate for the stage of pregnancy 
  4.9   depicted.  The materials must be objective, nonjudgmental, and 
  4.10  designed to convey only accurate scientific information about 
  4.11  the fetus at the various gestational ages. 
  4.12     (c) The materials must contain objective information 
  4.13  describing the methods of abortion procedures commonly employed, 
  4.14  the medical risks commonly associated with each procedure, the 
  4.15  possible detrimental psychological effects of abortion, and the 
  4.16  medical risks commonly associated with carrying a child to term. 
  4.17     Subd. 2.  [TYPEFACE; AVAILABILITY.] The materials referred 
  4.18  to in this section must be printed in a typeface large enough to 
  4.19  be clearly legible.  The materials required under this section 
  4.20  must be available from the department of health upon request and 
  4.21  in appropriate number to any person, facility, or hospital at no 
  4.22  cost. 
  4.23     Sec. 4.  [145.4244] [PROCEDURE IN CASE OF MEDICAL 
  4.24  EMERGENCY.] 
  4.25     When a medical emergency compels the performance of an 
  4.26  abortion, the physician shall inform the female, prior to the 
  4.27  abortion if possible, of the medical indications supporting the 
  4.28  physician's judgment that an abortion is necessary to avert her 
  4.29  death or that a 24-hour delay in conformance with section 
  4.30  145.4242 creates a serious risk of substantial injury or 
  4.31  impairment of a major bodily function. 
  4.32     Sec. 5.  [145.4245] [TOLL-FREE TELEPHONE NUMBER AND WEB 
  4.33  SITE.] 
  4.34     Subdivision 1.  [RIGHT TO KNOW.] All pregnant women have 
  4.35  the right to know information about resources available to 
  4.36  assist them and their families.  The commissioner of health 
  5.1   shall establish and maintain a statewide toll-free telephone 
  5.2   number available seven days a week to provide information and 
  5.3   referrals to local community resources to assist women and 
  5.4   families through pregnancy and childbirth and while the child is 
  5.5   dependent. 
  5.6      Subd. 2.  [INFORMATION.] The toll-free telephone number 
  5.7   must provide information regarding community resources on the 
  5.8   following topics: 
  5.9      (1) information regarding avoiding unplanned pregnancies; 
  5.10     (2) prenatal care, including the need for an initial risk 
  5.11  screening and assessment; 
  5.12     (3) adoption; 
  5.13     (4) health education, including the importance of good 
  5.14  nutrition during pregnancy and the risks associated with alcohol 
  5.15  and tobacco use during pregnancy; 
  5.16     (5) available social services, including medical assistance 
  5.17  benefits for prenatal care, childbirth, and neonatal care; 
  5.18     (6) legal assistance in obtaining child support; and 
  5.19     (7) community support services and other resources to 
  5.20  enhance family strengths and reduce the possibility of family 
  5.21  violence. 
  5.22     Subd. 3.  [WEB SITE.] The commissioner shall design and 
  5.23  maintain a secure Web site to provide the information described 
  5.24  under subdivision 2 and section 145.4243 with a minimum 
  5.25  resolution of 72 PPI.  The Web site shall provide the toll-free 
  5.26  information and referral telephone number described under 
  5.27  subdivision 2. 
  5.28     Sec. 6.  [145.4246] [ENFORCEMENT PENALTIES.] 
  5.29     Subdivision 1.  [STANDING.] A person with standing may 
  5.30  maintain an action against the performance or attempted 
  5.31  performance of abortions in violation of section 145.4242.  
  5.32  Those with standing are: 
  5.33     (1) a woman upon whom an abortion in violation of section 
  5.34  145.4242 has been performed or attempted to be performed; and 
  5.35     (2) the parent of an unemancipated minor upon whom an 
  5.36  abortion in violation of section 145.4242 has been, is about to 
  6.1   be, or was attempted to be performed; and 
  6.2      (3) attorney general of the state of Minnesota. 
  6.3      Subd. 2.  [INJUNCTIONS.] Parties bringing actions against 
  6.4   the performance or attempted performance of abortions in 
  6.5   violation of section 145.4242 may seek temporary restraining 
  6.6   orders, preliminary injunctions, and injunctions related only to 
  6.7   the physician or facility where the violation occurred in 
  6.8   accordance with the Rules of Civil Procedure.  Persons with 
  6.9   standing must bring any actions within six months of the date of 
  6.10  the performed or attempted performance of abortions in violation 
  6.11  of section 145.4242.  
  6.12     Subd. 3.  [CONTEMPT.] Any person knowingly violating the 
  6.13  terms of an injunction against the performance or attempted 
  6.14  performance of abortions in violation of section 145.4242 is 
  6.15  subject to civil contempt, and shall be fined no more than 
  6.16  $1,000 for the first violation, no more than $5,000 for the 
  6.17  second violation, no more than $10,000 for the third violation, 
  6.18  and for each successive violation an amount sufficient to deter 
  6.19  future violations.  The fine shall be the exclusive penalty for 
  6.20  a violation.  Each performance or attempted performance of 
  6.21  abortion in violation of section 145.4242 is a separate 
  6.22  violation.  No fine shall be assessed against the woman on whom 
  6.23  an abortion is performed or attempted. 
  6.24     Subd. 4.  [REALLOCATION OF THE FINE.] Any fines collected 
  6.25  under this section must be sent to a special account at the 
  6.26  Minnesota department of health to be used for materials cited in 
  6.27  section 145.4243. 
  6.28     Sec. 7.  [145.4247] [CUMULATIVE RIGHTS.] 
  6.29     The provisions of sections 145.4241 to 145.4246 are 
  6.30  cumulative with existing law regarding an individual's right to 
  6.31  consent to medical treatment and shall not impair any existing 
  6.32  right any patient may have under the common law or statutes of 
  6.33  this state. 
  6.34     Sec. 8.  [APPROPRIATION.] 
  6.35     $187,000 is appropriated from the general fund to the 
  6.36  commissioner of health in fiscal year 2001 to provide the 
  7.1   information as specified in section 3.