S.F. No. 18 - Informed Consent Before An Abortion Can Be Performed (Delete-Everything Amendment)
Author:	Senator Jim Vickerman
Prepared by:	Katie Cavanor, Senate Counsel (651/296-3801)
Date:	March 4, 2003

Section 1 [145.4241] defines the following terms: "abortion," "medical emergency," "physician," and "probable gestational age of the unborn child."

Section 2 [145.4242] prohibits abortions from being performed unless the female upon whom the abortion is to be performed gives voluntary and informed consent. Specifies that the following requirements must be met for the female's consent to be voluntary and informed:

(1) at least 24 hours before the abortion, the physician who will be performing the abortion or a referring physician, or by the physician's agent if the agent is a nurse, must tell the female by telephone or in person:

(i) the medical risks associated with the particular procedure to be used;

(ii) the probable gestational age of the unborn child at the time the abortion is to be performed; and

(iii) the medical risks of carrying the child to term.

States that this information may be provided without conducting a physical examination or tests of the patient. This information must not be provided by a tape recording but during a consultation in which the physician or nurse can ask questions and the female is able to ask questions of the physician or nurse. This requirement does not preclude providing this information to the patient through a translator;

(2) requires the physician who is to perform the abortion, a referring physician, or an agent of either physician to inform the female by telephone or in person at least 24 hours before the abortion is to be performed:

(i) that the medical assistance benefits may be available for prenatal, childbirth, and neonatal care;

(ii) that the father is liable to assist in the support of her child; and

(iii) that she has the right to review information described in section 3, that the information has been developed by the state of Minnesota, that it is available through the Department of Health's Web site, and that it describes the unborn child and lists agencies that offer alternatives to abortion.

If the female chooses to view the information, the information must be provided with the Department's Web site address. If the female does not have access to the Internet, she may request the local clinic, facility, or hospital to download the information for her or she may access the information through the Internet available through the public library.

This information may be provided to the female by a tape recording if, the recording contains the Department's Web site address;

(3) the female certifies in writing prior to the abortion that the information has been provided to her and that she has been informed of her opportunity to review the information referred to in clause (2);

(4) the female is told prior to the abortion, the name of the physician who will perform the abortion; and

(5) the physician who is to perform the abortion has received a copy of the written certification.

Section 3 [145.4243] requires the Commissioner of Health to make available through the Department's Web site the following information in such a way as to ensure that the information is easily comprehensible:

(1) geographically indexed materials designed to inform the female of agencies and services available to assist her through pregnancy, childbirth, and while the child is dependent. Permits the Commissioner to provide this information through a toll-free, 24-hour telephone number that may be called to obtain a list and description of the agencies in the locality of the caller and the services they offer;

(2) information designed to inform the female of the probable anatomical and physiological characteristics of the unborn child at two-week gestational increments, including any relevant information on the possibility of the unborn child's survival and pictures or drawings representing the development of unborn children at two-week gestational increments as long as they contain the dimensions of the fetus and are realistic and appropriate for the stage they depict. The information must be objective, nonjudgmental, and designed to convey only accurate scientific information; and

(3) objective information describing the methods of abortion procedures commonly used, the medical risks associated with each procedure, possible detrimental psychological effects of abortion, and the medical risks associated with carrying a child to term.

Requires the materials to be printed in typeface large enough to be clearly legible.

Section 4 [145.4244] requires the physician in a medical emergency in which an abortion is required to inform the female before the abortion, if possible, of the medical indications supporting the physician's judgment that an abortion is necessary to avert her death or that a 24-hour delay would cause serious risk of substantial and irreversible impairment of a major bodily function.

Section 5 [145.4245] establishes circumstances under which civil remedies may be sought, allows attorney fees in certain situations, and directs the court to rule on whether the identity of the female on whom the abortion was performed or attempted to be performed must be shielded from the public.

Subdivision 1 permits any person on whom an abortion has been performed without complying with the informed consent requirements, or the parents of any minor on whom an abortion has been performed without complying with the informed consent requirements to bring an action against the person who performed the abortion. If the court finds that a physician has violated sections 145.4241 to 145.4246, the court may impose a civil penalty not to exceed $7,500 for each separate violation payable to the plaintiff.

Subdivision 2 requires the court to award attorney fees to the defendant if the court finds that the suit was frivolous or brought in bad faith. The award may not exceed $7,500.

Subdivision 3 requires the court to determine whether the anonymity of the female upon whom an abortion was performed or attempted should be preserved from public disclosure if she does not give her consent to such disclosure.

Section 6 [145.4246] provides severability to these provisions.

KC:ph

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