739.28 INFORMED CONSENT.
   (a)   Definitions. "Abortion" means the use or prescription of any instrument, medicine, drug, or any other substance or device with the intent to terminate the pregnancy of a woman known to be pregnant. Such use or prescription is not an abortion if done with the intent to
      (1)   Save the life or preserve the health of an unborn child,
      (2)   Remove a dead unborn child, or
      (3)   Deliver an unborn child prematurely in order to preserve the health of both the pregnant woman and her unborn child.
   (b)   "Medical Emergency" means that condition which, on the basis of the physician's good faith clinical judgment, so complicates the medical condition of a pregnant woman as to necessitate the immediate abortion of her pregnancy to avert her death or for which delay will create serious risk of substantial and irreversible impairment of a major bodily function.
   (c)   Except in the case of a medical emergency, informed consent to an abortion shall require that, at a minimum, any person performing an abortion do the following:
      (1)   Collect and/or review sufficient information about the relevant medical, physical, emotional, psychological, social and familial history of the woman considering the abortion to enable the person performing the abortion to make a professional judgment regarding whether the woman possesses indicators and/or contra-indicators for abortion, and
      (2)   Form a professional judgment about the physical and psychological indicators and contra-indicators for abortion for the woman including, but not limited to, the following: her age, family size, financial concerns, mental health, physical health, and the gestation age of the fetus, and
      (3)   Explain to the woman in a manner and in terms suited to her comprehension, her physical and psychological indicators and contra-indicators for abortion, relevant to her well-being. The person performing the abortion shall also provide all relevant information regarding her condition and alternatives, including possible benefits, risks, costs, other consequences, and significant uncertainties surrounding any of this information, and
      (4)   Describe to the woman, in a manner and in terms suited to her comprehension, the procedure to be used, including the expected outcome, potential complications and/or side effects of the surgical procedure or abortifacient drug, and
      (5)   Describe to the woman, in a manner and in terms suited to her comprehension, whatever post-abortion care is required.
   (d)   The requirements of subsection (c) must be met before any of the following occur:
      (1)   Money, in the form of cash, credit, check or any other type, is paid or deposited for an abortion.
      (2)   The woman patient is prepared, or presents herself for, surgery or the abortifacient drug.
      (3)   The commencement of any irreversible part of the abortion procedure.
      (4)   The administering or offering of any sedative, anesthetic or relaxant drugs.
   (e)   The information needed to comply with (3), (4) and (5) of subsection (c) must be supplied during an individual and personal consultation between the person performing the abortion and the woman considering the abortion.
   (f)   Remedies. Any woman who sustains a physical and/or emotional and/or psychological injury proximately caused by the breach of a duty described in subsection (c), (d) or (e) of this act shall recover compensatory damages for the injury, and in addition, attorney's fees, all litigation cost, expenses and court costs.
   (g)   A civil action to recover damages pursuant to subsection (f) of this act must be filed within three years of the woman's discovery of the causation of her injury.