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SF 1540

as introduced - 87th Legislature (2011 - 2012) Posted on 01/27/2012 08:40am

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to health; requiring the physical presence of a physician for abortion
procedures; amending Minnesota Statutes 2010, section 145.412, subdivision 1.

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

Section 1.

Minnesota Statutes 2010, section 145.412, subdivision 1, is amended to read:


Subdivision 1.

Requirements.

new text begin (a) new text end It shall be unlawful to willfully perform an
abortion unless the abortion is performed:

(1) by a physician licensed to practice medicine pursuant to chapter 147, or a
physician in training under the supervision of a licensed physician;

(2) in a hospital or abortion facility if the abortion is performed after the first
trimester;

(3) in a manner consistent with the lawful rules promulgated by the state
commissioner of health; and

(4) with the consent of the woman submitting to the abortion after a full explanation
of the procedure and effect of the abortion.

new text begin (b) No abortion shall be performed, induced, or attempted unless the physician who
uses or prescribes any instrument, device, medicine, drug, or other substance to perform,
induce, or attempt the abortion is physically present in the same room with the patient
when the physician performs, induces, or attempts to perform or induce the abortion. Any
person who knowingly or recklessly violates this paragraph is guilty of a felony. No
civil or criminal penalty shall be assessed against the patient upon whom the abortion is
performed, induced, or attempted to be performed or induced.
new text end