HF 1809

as introduced - 93rd Legislature (2023 - 2024) Posted on 04/11/2023 01:05pm

A bill for an act
relating to health care; prohibiting partial-birth abortions and abortions in the third
trimester of pregnancy; requiring licensure of abortion facilities; requiring notice
in certain circumstances to a parent or guardian of a minor on whom an abortion
is performed; requiring an unborn child who is born alive following an attempted
abortion to be treated as a person under the law; appropriating money; amending
Laws 2023, chapter 4, section 1.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Laws 2023, chapter 4, section 1, is amended to read:

Section 1.

145.409 REPRODUCTIVE HEALTH RIGHTS.

Subdivision 1.

Short title.

This section may be cited as the "Protect Reproductive Options
Act."

Subd. 2.

deleted text begin Definition deleted text end new text begin Definitions new text end .

new text begin (a) new text end For purposes of this section, new text begin the following definitions
apply.
new text end

new text begin (b) "Abortion" has the meaning given in section 145.411, subdivision 5.
new text end

new text begin (c) "Abortion facility" means a clinic, health center, or other facility in which the
pregnancies of ten or more women known to be pregnant are willfully terminated or aborted
each month. A facility licensed as a hospital or as an outpatient surgical center pursuant to
sections 144.50 to 144.56 shall not be considered an abortion facility.
new text end

new text begin (d) "Accrediting or membership organization" means a national organization that
establishes evidence-based clinical standards for abortion care and accredits abortion facilities
or accepts as members abortion facilities following an application and inspection process.
new text end

new text begin (e) "Commissioner" means the commissioner of health.
new text end

new text begin (f) "Health care provider" means a physician licensed to practice medicine in Minnesota
or other health care professional authorized to practice that individual's profession in
Minnesota and whose scope of practice and qualifications include the performance of
abortions.
new text end

new text begin (g) "Medical emergency" means a condition that, in reasonable medical judgment, so
complicates the medical condition of the pregnant woman as to necessitate the immediate
abortion of her pregnancy to avert her death or for which a delay will create serious risk of
substantial and irreversible physical impairment of a major bodily function, not including
psychological or emotional conditions. A condition is not a medical emergency if it is based
on a claim, diagnosis, or determination that the woman may engage in conduct which she
intends to result in her death or in the substantial and irreversible physical impairment of a
major bodily function.
new text end

new text begin (h) "Partial-birth abortion" means an abortion in which the individual performing the
abortion:
new text end

new text begin (1) deliberately and intentionally vaginally delivers a living fetus until, in the case of a
head-first presentation, the entire fetal head is outside the body of the mother, or, in the case
of breech presentation, any part of the fetal trunk past the navel is outside the body of the
mother, for the purpose of performing an overt act that the individual knows will kill the
partially delivered fetus; and
new text end

new text begin (2) performs the overt act, other than completion of delivery, that kills the partially
delivered fetus.
new text end

new text begin (i) new text end "Reproductive health care" means health care offered, arranged, or furnished for the
purpose of preventing pregnancy, terminating a pregnancy, managing pregnancy loss, or
improving maternal health and birth outcomes. Reproductive health care includes, but is
not limited to, contraception; sterilization; preconception care; maternity care; abortion care;
family planning and fertility services; and counseling regarding reproductive health care.

new text begin (j) "Third trimester" means the stage of pregnancy that begins at the end of the 26th
week from the beginning of the pregnant woman's last menstrual period.
new text end

Subd. 3.

Reproductive freedom.

(a) Every individual has a fundamental right to make
autonomous decisions about the individual's own reproductive health, including the
fundamental right to use or refuse reproductive health care.

(b) Every individual who becomes pregnant has a fundamental right to continue the
pregnancy and give birth, or obtain an abortion, and to make autonomous decisions about
how to exercise this fundamental right.

new text begin (c) This subdivision does not:
new text end

new text begin (1) authorize the performance of partial-birth abortions in a manner that is prohibited
under subdivision 6;
new text end

new text begin (2) authorize the performance of abortions in the third trimester in a manner that is
prohibited under subdivision 7;
new text end

new text begin (3) limit the authority of the commissioner to license abortion facilities under subdivisions
9 to 16;
new text end

new text begin (4) prohibit notice, following an abortion, to a parent or guardian of a minor on whom
an abortion is performed in a medical emergency under subdivision 17; and
new text end

new text begin (5) prohibit an unborn child who is born alive following an attempted abortion from
being treated as a person under the law under subdivision 18.
new text end

Subd. 4.

Right to reproductive freedom recognized.

The Minnesota Constitution
establishes the principles of individual liberty, personal privacy, and equality. Such principles
ensure the fundamental right to reproductive freedom.

Subd. 5.

Local unit of government limitation.

A local unit of government may not
regulate an individual's ability to freely exercise the fundamental rights set forth in this
section in a manner that is more restrictive than that set forth in this section.

new text begin Subd. 6. new text end

new text begin Partial-birth abortions prohibited; exception. new text end

new text begin (a) It is prohibited for any
individual to knowingly perform a partial-birth abortion that causes the death of a human
fetus.
new text end

new text begin (b) Paragraph (a) does not apply to a partial-birth abortion that is necessary to save the
life of a mother whose life is endangered by a physical disorder, physical illness, or physical
injury, including a life-endangering physical condition caused by or arising from the
pregnancy itself.
new text end

new text begin Subd. 7. new text end

new text begin Abortion in third trimester prohibited; exceptions. new text end

new text begin (a) Except as provided
in paragraphs (b) and (c), it is prohibited for any individual to knowingly or intentionally
cause an abortion in the third trimester of pregnancy that results in the death of the unborn
child.
new text end

new text begin (b) Medical treatment provided to a pregnant woman that results in the accidental death
of, or unintentional injury to, the unborn child is not a violation of paragraph (a).
new text end

new text begin (c) Paragraph (a) does not apply to an abortion performed:
new text end

new text begin (1) if the pregnancy is the result of conduct that would constitute a violation of section
609.342, 609.343, 609.344, 609.345, or 609.3451, provided documentation is presented to
the attending health care provider that the conduct was reported to law enforcement within
the first 15 weeks of pregnancy;
new text end

new text begin (2) if the pregnancy is the result of conduct that would constitute a violation of section
609.365, provided documentation is presented to the attending health care provider that the
conduct was reported to law enforcement within the first 15 weeks of pregnancy; or
new text end

new text begin (3) to avert the death of the pregnant woman or to prevent a serious risk of substantial
and irreversible physical impairment of a major bodily function of the pregnant woman,
not including psychological or emotional conditions.
new text end

new text begin Subd. 8. new text end

new text begin Pregnant woman not subject to criminal penalties. new text end

new text begin A pregnant woman who
sought or obtained an abortion that violates subdivision 6 or 7 shall not be subject to criminal
penalties for violating subdivision 6 or 7.
new text end

new text begin Subd. 9. new text end

new text begin License required for abortion facilities. new text end

new text begin (a) Beginning July 1, 2024, no abortion
facility shall be established, operated, or maintained in the state without first obtaining a
license from the commissioner according to this subdivision and subdivisions 10 to 16.
new text end

new text begin (b) A license issued under this subdivision and subdivisions 10 to 16 is not transferable
or assignable and is subject to suspension or revocation at any time for failure to comply
with this subdivision and subdivisions 10 to 16.
new text end

new text begin (c) If a single entity maintains abortion facilities on different premises, each facility
must obtain a separate license.
new text end

new text begin (d) To be eligible for licensure under this subdivision and subdivisions 10 to 16, an
abortion facility must be accredited or a member of an accrediting or membership
organization or must obtain accreditation or membership within six months of the date of
the application for licensure. If the abortion facility loses its accreditation or membership,
the abortion facility must immediately notify the commissioner.
new text end

new text begin (e) The commissioner, the attorney general, an appropriate county attorney, or a woman
upon whom an abortion has been performed or attempted to be performed at an unlicensed
facility may seek an injunction in district court against the continued operation of the facility.
Proceedings for securing an injunction may be brought by the attorney general or by the
appropriate county attorney.
new text end

new text begin (f) Sanctions provided in this subdivision do not restrict other available sanctions.
new text end

new text begin Subd. 10. new text end

new text begin Temporary license. new text end

new text begin For new abortion facilities planning to begin operations
on or after July 1, 2024, the commissioner may issue a temporary license to the abortion
facility that is valid for a period of six months from the date of issuance. The abortion facility
must submit to the commissioner an application and applicable fee for licensure as required
under subdivisions 11 and 14. The application must include the information required under
subdivision 11, clauses (1), (2), (3), (5), and (6), and provide documentation that the abortion
facility has submitted the application for accreditation or membership from an accrediting
or membership organization. Upon receipt of accreditation or membership verification, the
abortion facility must submit to the commissioner the information required in subdivision
11, clause (4), and the applicable fee under subdivision 14. The commissioner shall then
issue a new license.
new text end

new text begin Subd. 11. new text end

new text begin Application. new text end

new text begin An application for a license to operate an abortion facility and
the applicable fee under subdivision 14 must be submitted to the commissioner on a form
provided by the commissioner and must contain:
new text end

new text begin (1) the name of the applicant;
new text end

new text begin (2) the site location of the abortion facility;
new text end

new text begin (3) the name of the person in charge of the abortion facility;
new text end

new text begin (4) documentation that the abortion facility is accredited or a member of an accrediting
or membership organization, including the effective date and the expiration date of the
accreditation or membership, and the date of the last site visit by the accrediting or
membership organization;
new text end

new text begin (5) the names and license numbers, if applicable, of the health care professionals on
staff at the abortion facility; and
new text end

new text begin (6) any other information the commissioner deems necessary.
new text end

new text begin Subd. 12. new text end

new text begin Inspections. new text end

new text begin Prior to initial licensure and at least once every two years
thereafter, the commissioner shall perform a routine and comprehensive inspection of each
abortion facility. Facilities shall be open at all reasonable times to an inspection authorized
in writing by the commissioner. No notice need be given to any person prior to an inspection
authorized by the commissioner.
new text end

new text begin Subd. 13. new text end

new text begin Suspension, revocation, and refusal to renew. new text end

new text begin The commissioner may refuse
to grant or renew, or may suspend or revoke, a license on any of the grounds described
under section 144.55, subdivision 6, paragraph (a), clause (2), (3), or (4), or upon the loss
of accreditation or membership described in subdivision 11, clause (4). The applicant or
licensee is entitled to a notice and a hearing as described under section 144.55, subdivision
7, and a new license may be issued after proper inspection of an abortion facility has been
conducted.
new text end

new text begin Subd. 14. new text end

new text begin Fees. new text end

new text begin (a) The biennial license fee for abortion facilities is $365.
new text end

new text begin (b) The temporary license fee is $365.
new text end

new text begin (c) Fees shall be collected and deposited according to section 144.122.
new text end

new text begin Subd. 15. new text end

new text begin Renewal. new text end

new text begin (a) A license issued under this section expires two years from the
date of issuance.
new text end

new text begin (b) A temporary license issued under this section expires six months from the date of
issuance and may be renewed for one additional six-month period.
new text end

new text begin Subd. 16. new text end

new text begin Records. new text end

new text begin All health records maintained on each client by an abortion facility
are subject to sections 144.292 to 144.298.
new text end

new text begin Subd. 17. new text end

new text begin Notice to parent or guardian. new text end

new text begin If a health care provider did not obtain the
consent of a parent or guardian of a pregnant minor before performing an abortion on the
pregnant minor because of a medical emergency, the health care provider must notify the
minor's parent or guardian within 24 hours after the abortion and must so certify in the
minor's medical record.
new text end

new text begin Subd. 18. new text end

new text begin Born alive child. new text end

new text begin Any unborn child who is born alive following an attempted
abortion shall be treated as a person under the law, and a birth certificate shall be issued
certifying the child's birth. If the child later dies, a death certificate shall be issued.
new text end

new text begin Subd. 19. new text end

new text begin Severability. new text end

new text begin If any one or more provision, section, subdivision, sentence,
clause, phrase, or word of this section or the application of it to any person or circumstance
is found to be unconstitutional, it is declared to be severable and the balance of this section
shall remain effective notwithstanding such unconstitutionality. The legislature intends that
it would have passed this section, and each provision, section, subdivision, sentence, clause,
phrase, or word, regardless of the fact that any one provision, section, subdivision, sentence,
clause, phrase, or word is declared unconstitutional.
new text end

Sec. 2. new text begin APPROPRIATIONS; LICENSURE OF ABORTION FACILITIES.
new text end

new text begin $55,000 in fiscal year 2024 and $8,000 in fiscal year 2025 are appropriated from the
state government special revenue fund to the commissioner of health for licensing activities
under Minnesota Statutes, section 145.409, subdivisions 9 to 16. The base for this program
is $42,000 in fiscal year 2026 and $8,000 in fiscal year 2027.
new text end