Informed Consent for RU-486

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Summary:

Amend TCA Section 39-15-203 to add the appropriately designated new subsection:

In order to ensure that consent for an abortion to be performed by the administration of mifepristone is truly informed consent, an abortion shall be performed or induced by the administration of mifepristone upon a pregnant woman only after she has been provided the Medication Guide and Patient Agreement then published by the manufacturer of the mifepristone and she shall be specifically informed orally that:

1.Five to eight percent of women who take the drug will require a surgical abortion to end the pregnancy;
2. That the drug is not to be taken if it has been more than 49 days since the last menstrual period began;
3. She should not begin the treatment regimen if she cannot return for the next two visits to her abortion provider, one or two days after taking the first dose of mifepristone and the second about fourteen days after the first dose of mifepristone;
4.  The treatment regimen will not cause the abortion of an ectopic pregnancy and may mask the symptoms of a ruptured ectopic pregnancy which, if untreated, will lead to serious injury to or death of the patient; and 
5. The attending physician has affirmatively ruled out the existence of an ectopic pregnancy by use of an ultrasound.

The pregnant woman shall sign and the abortion provider shall retain a copy of a form stating that the woman was provided the Medication Guide and Patient Agreement and that she was orally informed of the particular matters set forth herein.

Language of Bill:

AN ACT to amend Tennessee Code Annotated, Section 39-15-203, relative to the health and safety of women undergoing abortions performed by the administration of mifepristone.
WHEREAS, the abortifacient drug mifepristone has caused the fatality of at least one (1)
Tennessee woman; and
WHEREAS, five percent (5%) to eight percent (8%) of women who take the drug will
require a surgical abortion to end the pregnancy; and
WHEREAS, it is unsafe for the drug to be administered beyond the forty-ninth day of
pregnancy; and
WHEREAS, administering the drug will not cause the abortion of an ectopic pregnancy
and may mask symptoms of a ruptured ectopic pregnancy which, if untreated, will lead to
serious injury to or death of the patient; and
WHEREAS, the Tennessee Supreme Court has created a right-to-privacy provision in
our state constitution with regard to abortion in Tennessee, and it is incumbent upon the
General Assembly that such abortions, when administered, protect the health and safety of
Tennessee women; now, therefore,
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 39-15-203, is amended by
designating the existing language as subsection (a) and by adding the following language as
subsection (b):
(b)
(1) In order to ensure safety for women who are administered the drug
mifepristone to induce an abortion, an abortion shall not be performed or induced
by the administration of mifepristone upon a pregnant woman until she has been
provided a copy of the Medication Guide and Patient Agreement then published
by the manufacturer of the mifepristone and she has been specifically informed,
verbally, from the manufacturer's documents by the administering physician that:
(A) A percentage of women who take the drug will require a
surgical abortion to end the pregnancy; and
(B) The treatment regimen requires the patient to return for the
next two (2) visits to her abortion provider, one (1) or two (2) days after
taking the first dose of mifepristone and the second visit approximately
fourteen (14) days after the first dose of mifepristone.
(2) The attending physician must affirmatively rule out the existence of an
ectopic pregnancy by use of an ultrasound examination.
(3) The pregnant woman shall sign, and the abortion provider shall retain
a copy of a form stating that the woman was provided a copy of the Medication
Guide and Patient Agreement and that she was orally informed of the particulars
matters set forth therein.
SECTION 2. This act shall take effect July 1, 2007, the public welfare requiring it.