Bill Text: MN SF2033 | 2011-2012 | 87th Legislature | Introduced
Bill Title: In vitro fertilization therapy or gamete donation patient information requirement
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2012-02-23 - Referred to Health and Human Services [SF2033 Detail]
Download: Minnesota-2011-SF2033-Introduced.html
1.2relating to health; requiring certain information be provided to patients seeking
1.3in vitro fertilization therapy or donating gametes;proposing coding for new
1.4law in Minnesota Statutes, chapter 145.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. [145.426] INFORMATION ON CHOICE OF DISPOSITION OF
1.7REMAINING EMBRYOS OR GAMETES.
1.8(a) A physician or other health care provider who provides a patient with in vitro
1.9fertilization therapy must provide the patient with timely, relevant, and appropriate
1.10information sufficient to allow that patient to make an informed and voluntary choice
1.11regarding the disposition of any preimplantation embryos or gametes remaining following
1.12treatment. The physician or other health care provider must present the patient with
1.13the options of storing, donating to another person, donating for research purposes, or
1.14otherwise disposing of or destroying any unused preimplantation embryos, as appropriate.
1.15The commissioner of health must prescribe and provide for use by physicians and other
1.16health care providers who treat patients for infertility through in vitro or any other process
1.17where an egg is extracted from a woman the following two documents, in multiple
1.18languages as determined by the commissioner:
1.19(1) an informational pamphlet, describing the procedure by which an egg is
1.20extracted from the patient, including all short and long-term potential health impacts of
1.21the procedure on the patient, any drugs or devices to be used, including whether they
1.22have received approval from the United States Food and Drug Administration, the risks
1.23involved, any discomfort and side effects that may be experienced, any alternatives which
1.24the patient may have and their attendant risks and benefits, medical treatment available
2.1to the patient should complications arise, and that the particular treatment may involve
2.2currently unforeseeable risks to the patient, embryo, or fetus. A physician or other health
2.3care provider treating a woman with a procedure by which an egg is intended to be
2.4extracted must provide the patient with this pamphlet or a legible copy thereof, and provide
2.5any other treatment information which may be specific to the patient's treatment; and
2.6(2) an informed consent form, stating that the patient has been given and has
2.7reviewed and understands the informational pamphlet described in clause (1), has
2.8consulted with her physician or health care provider concerning the general procedures
2.9and her specific medical situation, and understanding the procedure, process, and risks,
2.10consents to proceed with the procedure or process. The informed consent form must also
2.11contain a "Notes" section, to be completed by the physician or health care provider. This
2.12notes section must contain any medical information, alternative procedures, medicines,
2.13devices, considerations, or risks relevant to the specific patient's informed consent to
2.14proceed and must be completed by the physician or health care provider in each case. A
2.15physician or other health care provider treating a woman by a procedure by which an
2.16egg is intended to be extracted must provide the patient with this form or a legible copy
2.17thereof, and must keep a signed copy of this document in the patient's medical file.
2.18(b) No physician or other health care provider shall provide this treatment before
2.19providing the patient with both the informational pamphlet and the informed consent form
2.20and without receiving, in return, a complete and fully executed informed consent form
2.21from the patient. A physician or other health care provider shall seek such informed
2.22consent only under circumstances that provide the prospective patient reasonable
2.23opportunity to consider whether or not to receive such treatment and that minimize the
2.24possibility of coercion or undue influence. The information that is given to the patient
2.25shall be in language understandable to the patient.
1.3in vitro fertilization therapy or donating gametes;proposing coding for new
1.4law in Minnesota Statutes, chapter 145.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. [145.426] INFORMATION ON CHOICE OF DISPOSITION OF
1.7REMAINING EMBRYOS OR GAMETES.
1.8(a) A physician or other health care provider who provides a patient with in vitro
1.9fertilization therapy must provide the patient with timely, relevant, and appropriate
1.10information sufficient to allow that patient to make an informed and voluntary choice
1.11regarding the disposition of any preimplantation embryos or gametes remaining following
1.12treatment. The physician or other health care provider must present the patient with
1.13the options of storing, donating to another person, donating for research purposes, or
1.14otherwise disposing of or destroying any unused preimplantation embryos, as appropriate.
1.15The commissioner of health must prescribe and provide for use by physicians and other
1.16health care providers who treat patients for infertility through in vitro or any other process
1.17where an egg is extracted from a woman the following two documents, in multiple
1.18languages as determined by the commissioner:
1.19(1) an informational pamphlet, describing the procedure by which an egg is
1.20extracted from the patient, including all short and long-term potential health impacts of
1.21the procedure on the patient, any drugs or devices to be used, including whether they
1.22have received approval from the United States Food and Drug Administration, the risks
1.23involved, any discomfort and side effects that may be experienced, any alternatives which
1.24the patient may have and their attendant risks and benefits, medical treatment available
2.1to the patient should complications arise, and that the particular treatment may involve
2.2currently unforeseeable risks to the patient, embryo, or fetus. A physician or other health
2.3care provider treating a woman with a procedure by which an egg is intended to be
2.4extracted must provide the patient with this pamphlet or a legible copy thereof, and provide
2.5any other treatment information which may be specific to the patient's treatment; and
2.6(2) an informed consent form, stating that the patient has been given and has
2.7reviewed and understands the informational pamphlet described in clause (1), has
2.8consulted with her physician or health care provider concerning the general procedures
2.9and her specific medical situation, and understanding the procedure, process, and risks,
2.10consents to proceed with the procedure or process. The informed consent form must also
2.11contain a "Notes" section, to be completed by the physician or health care provider. This
2.12notes section must contain any medical information, alternative procedures, medicines,
2.13devices, considerations, or risks relevant to the specific patient's informed consent to
2.14proceed and must be completed by the physician or health care provider in each case. A
2.15physician or other health care provider treating a woman by a procedure by which an
2.16egg is intended to be extracted must provide the patient with this form or a legible copy
2.17thereof, and must keep a signed copy of this document in the patient's medical file.
2.18(b) No physician or other health care provider shall provide this treatment before
2.19providing the patient with both the informational pamphlet and the informed consent form
2.20and without receiving, in return, a complete and fully executed informed consent form
2.21from the patient. A physician or other health care provider shall seek such informed
2.22consent only under circumstances that provide the prospective patient reasonable
2.23opportunity to consider whether or not to receive such treatment and that minimize the
2.24possibility of coercion or undue influence. The information that is given to the patient
2.25shall be in language understandable to the patient.
