1.1                          A bill for an act
  1.2             relating to health; requiring informed consent for 
  1.3             abortions; appropriating money; proposing coding for 
  1.4             new law in Minnesota Statutes, chapter 144. 
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  [144.4245] [WOMAN'S RIGHT TO KNOW ACT.] 
  1.7      Subdivision 1.  [DEFINITIONS.] As used in this act, the 
  1.8   following terms have the meaning given: 
  1.9      (a) "Abortion" means the use or prescription of any 
  1.10  instrument, medicine, drug, or any other substance or device 
  1.11  intentionally to terminate the pregnancy of a female known to be 
  1.12  pregnant, with an intention other than to increase the 
  1.13  probability of a live birth, to preserve the life or health of 
  1.14  the child after live birth, or to remove a dead fetus. 
  1.15     (b) "Attempt to perform an abortion" means an act, or an 
  1.16  omission of a statutorily required act, that, under the 
  1.17  circumstances as the actor believes them to be, constitutes a 
  1.18  substantial step toward, and more than preparation for, the 
  1.19  performance of an abortion in Minnesota in violation of this act.
  1.20     (c) "Medical emergency" means any condition which, on the 
  1.21  basis of the physician's good faith clinical judgment, so 
  1.22  complicates the medical condition of a pregnant female as to 
  1.23  necessitate the immediate abortion of her pregnancy to avert her 
  1.24  death or for which a delay will create serious risk of 
  1.25  substantial and irreversible impairment of a major bodily 
  2.1   function. 
  2.2      (d) "Physician" means a person licensed under chapter 147. 
  2.3      (e) "Physician's designee" means a qualified physician's 
  2.4   assistant, or a licensed or certified health care practitioner 
  2.5   or technician. 
  2.6      (f) "Probable gestational age of the unborn child" means 
  2.7   what, in the judgment of the physician, will with reasonable 
  2.8   probability be the gestational age of the unborn child at the 
  2.9   time the abortion is planned to be performed. 
  2.10     Subd. 2.  [INFORMED CONSENT.] No abortion shall be 
  2.11  performed in this state except with the voluntary and informed 
  2.12  consent of the female upon whom the abortion is to be 
  2.13  performed.  Except in the case of a medical emergency, consent 
  2.14  to an abortion is voluntary and informed only if: 
  2.15     (a) The female is provided the following information 
  2.16  orally, by telephone or in person, by the physician who is to 
  2.17  perform the abortion, by a referring physician, or by either 
  2.18  physician's designee, at least 24 hours before the abortion: 
  2.19     (1) the particular medical risks associated with the 
  2.20  particular abortion procedure to be employed including, when 
  2.21  medically accurate, the risks of infection, hemorrhage, breast 
  2.22  cancer, danger to subsequent pregnancies, and infertility; 
  2.23     (2) the probable gestational age of the unborn child at the 
  2.24  time the abortion is to be performed; and 
  2.25     (3) the medical risks associated with carrying her child to 
  2.26  term. 
  2.27     The information required by this section may be provided by 
  2.28  telephone without conducting a physical examination or tests of 
  2.29  the patient, in which case the information required to be 
  2.30  provided may be based on facts supplied the physician or the 
  2.31  physician's designee by the female and whatever other relevant 
  2.32  information is reasonably available to the physician or the 
  2.33  physician's designee.  It may not be provided by a tape 
  2.34  recording, but must be provided during a consultation in which 
  2.35  the physician or physician's designee is able to ask questions 
  2.36  of the female and the female is able to ask questions of the 
  3.1   physician or the physician's designee.  If a physical 
  3.2   examination, tests, or the availability of other information to 
  3.3   the physician subsequently indicate, in the medical judgment of 
  3.4   the physician, a revision of the information previously supplied 
  3.5   to the patient, that revised information may be communicated to 
  3.6   the patient at any time prior to the performance of the 
  3.7   abortion.  Nothing in this section may be construed to preclude 
  3.8   provision of required information in a language understood by 
  3.9   the patient through a translator. 
  3.10     (b) The female is informed orally, by telephone or in 
  3.11  person, by the physician who is to perform the abortion, by a 
  3.12  referring physician, or by either physician's designee, at least 
  3.13  24 hours before the abortion: 
  3.14     (1) that medical assistance benefits may be available for 
  3.15  prenatal care, childbirth, and neonatal care; 
  3.16     (2) that the father is liable to assist in the support of 
  3.17  her child, even in instances in which the father has offered to 
  3.18  pay for the abortion; and 
  3.19     (3) that she has the right to review the printed materials 
  3.20  described in section 144.4246.  The physician or the physician's 
  3.21  designee shall orally inform the female that the materials have 
  3.22  been provided by the state of Minnesota and that they describe 
  3.23  the unborn child and list agencies which offer alternatives to 
  3.24  abortion.  If the female chooses to view the materials, they 
  3.25  shall either be given to her at least 24 hours before the 
  3.26  abortion or mailed to her at least 72 hours before the abortion 
  3.27  by certified mail, restricted delivery to addressee, which means 
  3.28  the postal employee can only deliver the mail to the addressee. 
  3.29     The information required by this section may be provided by 
  3.30  a tape recording if provision is made to record or otherwise 
  3.31  register specifically whether the female does or does not choose 
  3.32  to review the printed materials. 
  3.33     (c) The female certifies in writing, prior to the abortion, 
  3.34  that the information described in this section has been 
  3.35  furnished her, and that she has been informed of her opportunity 
  3.36  to review the information referred to in paragraph (b). 
  4.1      (d) Prior to the performance of the abortion, the female is 
  4.2   provided with the name of the physician who is to perform the 
  4.3   abortion and the physician who is to perform the abortion or the 
  4.4   physician's designee receives a copy of the written 
  4.5   certification prescribed by paragraph (c). 
  4.6      (e) When printed consent forms are presented to the patient 
  4.7   for signature prior to the abortion, the physician or the 
  4.8   physician's designee orally explains each item on the consent 
  4.9   form and responds to any questions which the patient may have in 
  4.10  a neutral and noncoercive manner.  An abortion shall not be 
  4.11  performed on any patient who expresses reluctance about the 
  4.12  procedure. 
  4.13     When information required by this section is to be provided 
  4.14  to the patient by a physician's designee, the physician that 
  4.15  performs the abortion is responsible for ensuring that the 
  4.16  information is provided and is liable in accordance with the 
  4.17  requirements of section 4 if the information is not provided. 
  4.18     Sec. 2.  [144.4246] [PRINTED INFORMATION.] 
  4.19     Within 90 days after this act is enacted, the department of 
  4.20  health shall cause to be published, in English and in each 
  4.21  language which is the primary language of two percent or more of 
  4.22  the state's population, the following printed materials in such 
  4.23  a way as to ensure that the information is easily comprehensible:
  4.24     (1) geographically indexed materials designed to inform the 
  4.25  female of public and private agencies and services available to 
  4.26  assist a female through pregnancy, upon childbirth, and while 
  4.27  the child is dependent, including adoption agencies, which shall 
  4.28  include a comprehensive list of the agencies available, a 
  4.29  description of the services they offer, and a description of the 
  4.30  manner, including telephone numbers, in which they might be 
  4.31  contacted or, at the option of the department of health, printed 
  4.32  materials including a toll-free, 24-hour a day telephone number 
  4.33  which may be called to obtain, orally, such a list and 
  4.34  description of agencies in the locality of the caller and of the 
  4.35  services they offer; and 
  4.36     (2) materials designed to inform the female of the probable 
  5.1   anatomical and physiological characteristics of the unborn child 
  5.2   at two-week gestational increments from the time when a female 
  5.3   can be known to be pregnant to full term, including any relevant 
  5.4   information on the possibility of the unborn child's survival 
  5.5   and pictures or drawings representing the development of unborn 
  5.6   children at two-week gestational increments, provided that any 
  5.7   such pictures or drawings must contain the dimensions of the 
  5.8   fetus and must be realistic and appropriate for the stage of 
  5.9   pregnancy depicted.  The materials shall be objective, 
  5.10  nonjudgmental, and designed to convey only accurate scientific 
  5.11  information about the unborn child at the various gestational 
  5.12  ages.  The material shall also contain objective information 
  5.13  describing the methods of abortion procedures commonly employed, 
  5.14  the medical risks commonly associated with each procedure, the 
  5.15  possible detrimental psychological effects of abortion, and the 
  5.16  medical risks commonly associated with each procedure and the 
  5.17  medical risks commonly associated with carrying a child to term. 
  5.18     The materials referred to in this section must be printed 
  5.19  in a typeface large enough to be clearly legible.  The materials 
  5.20  required under this section must be available at no cost from 
  5.21  the department of health upon request and in appropriate number 
  5.22  to any person, facility, or hospital. 
  5.23     Sec. 3.  [144.4247] [PROCEDURE IN CASE OF MEDICAL 
  5.24  EMERGENCY.] 
  5.25     When a medical emergency compels the performance of an 
  5.26  abortion, the physician shall inform the female, prior to the 
  5.27  abortion if possible, of the medical indications supporting the 
  5.28  physician's judgment that an abortion is necessary to avert her 
  5.29  death or that a 24-hour delay will create serious risk of 
  5.30  substantial and irreversible impairment of a major bodily 
  5.31  function.  
  5.32     Sec. 4.  [144.4248] [REMEDIES.] 
  5.33     Subdivision 1.  [CIVIL REMEDIES.] Any person upon whom an 
  5.34  abortion has been performed or the parent of a minor upon whom 
  5.35  an abortion has been performed may maintain an action against 
  5.36  the person who performed the abortion in knowing or reckless 
  6.1   violation of this act for actual and punitive damages.  Any 
  6.2   person upon whom an abortion has been attempted without 
  6.3   complying with this act may maintain an action against the 
  6.4   person who attempted to perform the abortion in knowing or 
  6.5   reckless violation of this act for actual and punitive damages.  
  6.6   Punitive damages may be sought and awarded only as provided 
  6.7   under sections 549.191 and 549.20. 
  6.8      If judgment is rendered in favor of the plaintiff in any 
  6.9   action described in this section, the court shall also render 
  6.10  judgment for a reasonable attorney's fee in favor of the 
  6.11  plaintiff against the defendant.  If judgment is rendered in 
  6.12  favor of the defendant and the court finds that the plaintiff's 
  6.13  suit was frivolous and brought in bad faith, the court shall 
  6.14  also render judgment for a reasonable attorney's fee in favor of 
  6.15  the defendant against the plaintiff.  
  6.16     Subd. 2.  [PROTECTION OF PRIVACY IN COURT PROCEEDINGS.] In 
  6.17  every civil action brought under this act, the court shall rule 
  6.18  whether the anonymity of any female upon whom an abortion has 
  6.19  been performed or attempted shall be preserved from public 
  6.20  disclosure if she does not give her consent to such disclosure.  
  6.21  The court, upon motion or sua sponte, shall make such a ruling 
  6.22  and, upon determining that her anonymity should be preserved, 
  6.23  shall issue orders to the parties, witnesses, and counsel and 
  6.24  shall direct the sealing of the record and exclusion of 
  6.25  individuals from courtrooms or hearing rooms to the extent 
  6.26  necessary to safeguard her identity from public disclosure.  
  6.27  Each order must be accompanied by specific written findings 
  6.28  explaining why the anonymity of the female should be preserved 
  6.29  from public disclosure, why the order is essential to that end, 
  6.30  how the order is narrowly tailored to serve that interest, and 
  6.31  why no reasonable less restrictive alternative exists.  In the 
  6.32  absence of written consent of the female upon whom an abortion 
  6.33  has been performed or attempted, anyone, other than a public 
  6.34  official, who brings an action under subdivision 1, shall do so 
  6.35  under a pseudonym.  This section may not be construed to conceal 
  6.36  the identity of the plaintiff or of witnesses from the defendant.
  7.1      Sec. 5.  [144.4249] [SEVERABILITY.] 
  7.2      If any provision, word, phrase, or clause of this act or 
  7.3   the application thereof to any person or circumstance is held 
  7.4   invalid, such invalidity shall not affect the provisions, words, 
  7.5   phrases, clauses, or applications of this act which can be given 
  7.6   effect without the invalid provision, word, phrase, clause, or 
  7.7   application and to this end, the provisions, words, phrases, and 
  7.8   clauses of this act are declared to be severable. 
  7.9      Sec. 6.  [APPROPRIATIONS; COMMISSIONER OF HEALTH] 
  7.10     $116,000 is appropriated from the general fund to the 
  7.11  commissioner of health for the biennium ending June 30, 1997, 
  7.12  for purposes of preparing and disseminating the documents 
  7.13  required by section 2.