HF 3008

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to public health; providing that a person who 
  1.3             leaves an unharmed newborn child at a hospital may not 
  1.4             be prosecuted; providing for duties to be undertaken 
  1.5             by a hospital when accepting an unharmed newborn 
  1.6             child; providing immunity from liability for hospitals 
  1.7             and their personnel when carrying out those duties; 
  1.8             proposing coding for new law in Minnesota Statutes, 
  1.9             chapters 145; and 609. 
  1.10  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.11     Section 1.  [145.902] [HOSPITAL DUTIES AND IMMUNITY FROM 
  1.12  LIABILITY.] 
  1.13     A hospital licensed under sections 144.50 to 144.56 shall 
  1.14  receive any unharmed newborn baby left at its emergency room 
  1.15  under this section.  The hospital must not inquire as to the 
  1.16  identity of the mother or call the police, provided the baby is 
  1.17  unharmed when presented to the hospital.  A hospital with 
  1.18  responsibility for performing duties under this section, and any 
  1.19  employee, doctor, or other medical professional working at the 
  1.20  hospital, are immune from any criminal liability that otherwise 
  1.21  might result from their actions, if they are acting in good 
  1.22  faith in receiving a newborn baby, and are immune from any civil 
  1.23  liability that otherwise might result from merely receiving a 
  1.24  newborn baby.  
  1.25     Sec. 2.  [609.3785] [UNHARMED NEWBORNS LEFT AT HOSPITALS; 
  1.26  AVOIDANCE OF PROSECUTION.] 
  1.27     A person may leave a newborn baby at the emergency room of 
  2.1   a hospital in this state without being subjected to prosecution 
  2.2   for that act, provided that: 
  2.3      (1) the baby was born within 72 hours prior to the hospital 
  2.4   drop-off; 
  2.5      (2) the baby is dropped off in an unharmed condition; and 
  2.6      (3) in cases where the person leaving the newborn baby is 
  2.7   not the baby's mother, the person has the mother's approval to 
  2.8   do so.