The underlined portions are the new fetal pain language, which were added to Minnesota's existing Woman's Right to Know (informed consent) law.  The WRTK law had already included a provision requiring information about fetal pain to be given to a woman considering abortion.  The new portion adds the information about alleviating pain.

 

   Sec. 35.  Minnesota Statutes 2004, 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 emergency, 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; and
           (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.