SF 1912 requires the physical presence of the prescribing physician when any drug or chemical is used by a patient for the purpose of inducing an abortion. 

Section 1 (145.4233), subdivision 1, defines the following terms:  abortion, attempt to perform or induce an abortion, and physician.

Subdivision 2 requires that when RU-486 or any other drug or chemical is used for the purpose of inducing an abortion, the drug or chemical must be administered in the same room and in the physical presence of the physician who prescribed, dispensed, or otherwise provided the drug or the chemical to the patient.  This subdivision also requires the physician inducing the abortion, or a person acting on behalf of the physician, to make all reasonable efforts to ensure that the patient returns 12 to 18 days after the administration or use of the drug or chemical for a follow up visit to confirm that a pregnancy has been terminated and to assess the patient’s medical condition.  A description of the efforts taken must be included in the patient’s medical record.

Subdivision 3 states that any person who knowingly or recklessly performs or attempts to perform an abortion in violation of this section is guilty of a felony.  No penalty may be assessed against the female.

Subdivision 4 states that a civil action against the person who performed the abortion in knowing or reckless violation of this section may be brought by the woman, the father of the unborn child who was subject of the abortion if the father was married to the woman at the time the abortion was performed, or a maternal grandparent of the unborn child.

Subdivision 5 states that a prevailing plaintiff is entitled to reasonable attorney fees and a prevailing defendant is entitled to reasonable attorney fees if the court finds that the plaintiff’s suit was frivolous and brought in bad faith.

Subdivision 6 states that no woman who obtains or is in possession of RU-486 or any other drug or chemical for the purpose if inducing an abortion to terminate her pregnancy shall be subject to criminal or civil action.

Subdivision 7 states that in a civil or criminal proceeding brought under this section the court shall determine whether the anonymity of the female shall be preserved from public disclosure if she does not give her consent for disclosure.

Subdivision 8 provides for severability if a portion of this section is found to be unconstitutional.

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