Sec. 3.

Minnesota Statutes 2005 Supplement, section 145.4242, is amended to read:

145.4242 INFORMED CONSENT.

(a) No abortion shall be performed in this state except with the voluntary and
informed consent of the female upon whom the abortion is to be performed. Except in
the case of a medical emergencynew text begin or if the fetus has an anomaly incompatible with life,
and the female has declined perinatal hospice carenew text end , consent to an abortion is voluntary
and informed only if:

(1) the female is told the following, by telephone or in person, by the physician who
is to perform the abortion or by a referring physician, at least 24 hours before the abortion:

(i) the particular medical risks associated with the particular abortion procedure to be
employed including, when medically accurate, the risks of infection, hemorrhage, breast
cancer, danger to subsequent pregnancies, and infertility;

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

(iii) the medical risks associated with carrying her child to term; and

(iv) for abortions after 20 weeks gestational, whether or not an anesthetic or
analgesic would eliminate or alleviate organic pain to the unborn child caused by the
particular method of abortion to be employed and the particular medical benefits and risks
associated with the particular anesthetic or analgesic.

The information required by this clause may be provided by telephone without
conducting a physical examination or tests of the patient, in which case the information
required to be provided may be based on facts supplied to the physician by the female and
whatever other relevant information is reasonably available to the physician. It may not be
provided by a tape recording, but must be provided during a consultation in which the
physician is able to ask questions of the female and the female is able to ask questions
of the physician. If a physical examination, tests, or the availability of other information
to the physician subsequently indicate, in the medical judgment of the physician, a
revision of the information previously supplied to the patient, that revised information
may be communicated to the patient at any time prior to the performance of the abortion.
Nothing in this section may be construed to preclude provision of required information in
a language understood by the patient through a translator;

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

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

(ii) that the father is liable to assist in the support of her child, even in instances
when the father has offered to pay for the abortion; and

(iii) that she has the right to review the printed materials described in section
145.4243, that these materials are available on a state-sponsored Web site, and what the
Web site address is. The physician or the physician's agent shall orally inform the female
that the materials have been provided by the state of Minnesota and that they describe the
unborn child, list agencies that offer alternatives to abortion, and contain information on
fetal pain. If the female chooses to view the materials other than on the Web site, they
shall either be given to her at least 24 hours before the abortion or mailed to her at least 72
hours before the abortion by certified mail, restricted delivery to addressee, which means
the postal employee can only deliver the mail to the addressee.

The information required by this clause may be provided by a tape recording if
provision is made to record or otherwise register specifically whether the female does or
does not choose to have the printed materials given or mailed to her;

(3) the female certifies in writing, prior to the abortion, that the information
described in clauses (1) and (2) has been furnished to her and that she has been informed
of her opportunity to review the information referred to in clause (2), subclause (iii); and

(4) prior to the performance of the abortion, the physician who is to perform the
abortion or the physician's agent obtains a copy of the written certification prescribed by
clause (3) and retains it on file with the female's medical record for at least three years
following the date of receipt.

(b) Prior to administering the anesthetic or analgesic as described in paragraph (a),
clause (1), item (iv), the physician must disclose to the woman any additional cost of the
procedure for the administration of the anesthetic or analgesic. If the woman consents
to the administration of the anesthetic or analgesic, the physician shall administer the
anesthetic or analgesic or arrange to have the anesthetic or analgesic administered.

new text begin (c) A female seeking an abortion of her unborn child diagnosed with fetal anomaly
incompatible with life must be informed of available perinatal hospice services and offered
this care as an alternative to abortion. If perinatal hospice services are declined, voluntary
and informed consent by the female seeking an abortion is given if the female receives
the information required in paragraphs (a), clause (1) and (b). The female must comply
with the requirements in paragraph (a), clauses (3) and (4).
new text end