HF 366

3rd Engrossment - 93rd Legislature (2023 - 2024) Posted on 05/01/2023 12:50pm

A bill for an act
relating to health care; limiting the release of health records in cases related to
reproductive health; prohibiting certain acts by certain health-related licensing
boards; prohibiting disqualification on background study for accessing or providing
reproductive health care; preventing the enforcement of certain judgments related
to reproductive health; restricting the enforcement of subpoenas issued in cases
related to reproductive health; creating a cause of action for penalties and court
costs for lawsuits related to reproductive health; prohibiting extradition of persons
charged in another state for acts committed or services received in Minnesota
related to reproductive health; amending Minnesota Statutes 2022, sections 147.091,
by adding a subdivision; 147A.13, by adding a subdivision; 148.261, by adding a
subdivision; 151.071, by adding a subdivision; 245C.15, by adding a subdivision;
629.01; 629.02; 629.05; 629.06; 629.13; 629.14; proposing coding for new law in
Minnesota Statutes, chapters 144; 548; 604.

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

Section 1.

new text begin [144.2935] HEALTH RECORDS; REPRODUCTIVE HEALTH CARE
SERVICES.
new text end

new text begin Subdivision 1. new text end

new text begin Definition. new text end

new text begin For purposes of this section, "reproductive health care services"
means medical, surgical, counseling, or referral services relating to the human reproductive
system, including but not limited to services related to pregnancy, contraception, or the
termination of a pregnancy.
new text end

new text begin Subd. 2. new text end

new text begin Law or court order of another state. new text end

new text begin Neither a law in another state authorizing
a civil or criminal subpoena to obtain a patient's health records relating to the provision of
reproductive health care services to the patient, nor an order issued by a court in another
state authorizing the investigation or enforcement of another state's law that restricts or
punishes the provision, receipt, or attempted provision or receipt of reproductive health care
services to a patient, constitutes a specific authorization in law under section 144.293,
subdivision 2.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2.

Minnesota Statutes 2022, section 147.091, is amended by adding a subdivision to
read:

new text begin Subd. 1c. new text end

new text begin Reproductive health care services. new text end

new text begin (a) For purposes of this subdivision,
"reproductive health care services" means medical, surgical, counseling, or referral services
relating to the human reproductive system, including but not limited to services related to
pregnancy, contraception, or the termination of a pregnancy.
new text end

new text begin (b) Notwithstanding subdivision 1, paragraph (c) or (d), the board shall not refuse to
grant a license to an applicant for licensure, refuse to grant registration to a physician to
perform interstate telehealth services, or impose disciplinary action against a physician
solely on one or more of the following grounds:
new text end

new text begin (1) the applicant or physician provided or assisted in the provision of reproductive health
care services in a manner that is lawful in this state and that is within the applicable scope
of practice;
new text end

new text begin (2) the applicant or physician was convicted in another jurisdiction of a felony resulting
from conduct specified in clause (1); or
new text end

new text begin (3) the applicant or physician was subject to disciplinary action in another jurisdiction
or was refused a license to practice medicine in another jurisdiction resulting from conduct
specified in clause (1).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 3.

Minnesota Statutes 2022, section 147A.13, is amended by adding a subdivision to
read:

new text begin Subd. 1a. new text end

new text begin Reproductive health care services. new text end

new text begin (a) For purposes of this subdivision,
"reproductive health care services" has the meaning given in section 147.091, subdivision
1c.
new text end

new text begin (b) Notwithstanding subdivision 1, clause (3) or (4), the board shall not refuse to grant
a license to an applicant for licensure or impose disciplinary action against a physician
assistant solely on one or more of the following grounds:
new text end

new text begin (1) the applicant or physician assistant provided or assisted in the provision of
reproductive health care services in a manner that is lawful in this state and that is within
the applicable scope of practice;
new text end

new text begin (2) the applicant or physician assistant was convicted in another jurisdiction of a felony
resulting from conduct specified in clause (1); or
new text end

new text begin (3) the applicant or physician assistant was subject to disciplinary action in another
jurisdiction or was refused a physician assistant license in another jurisdiction resulting
from conduct specified in clause (1).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 4.

Minnesota Statutes 2022, section 148.261, is amended by adding a subdivision to
read:

new text begin Subd. 1b. new text end

new text begin Reproductive health care services. new text end

new text begin (a) For purposes of this subdivision,
"reproductive health care services" has the meaning given in section 147.091, subdivision
1c.
new text end

new text begin (b) Notwithstanding subdivision 1, clause (3) or (4), the board shall not refuse to grant
a license to an applicant for licensure or impose disciplinary action against a nurse solely
on one or more of the following grounds:
new text end

new text begin (1) the applicant or nurse provided or assisted in the provision of reproductive health
care services in a manner that is lawful in this state and that is within the applicable scope
of practice;
new text end

new text begin (2) the applicant or nurse was convicted in another jurisdiction of a felony resulting from
conduct specified in clause (1); or
new text end

new text begin (3) the applicant or nurse was subject to disciplinary action in another jurisdiction or
was refused a license to practice advanced practice, professional, or practical nursing in
another jurisdiction resulting from conduct specified in clause (1).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 5.

Minnesota Statutes 2022, section 151.071, is amended by adding a subdivision to
read:

new text begin Subd. 2b. new text end

new text begin Reproductive health care services. new text end

new text begin (a) For purposes of this subdivision,
"reproductive health care services" has the meaning given in section 147.091, subdivision
1c.
new text end

new text begin (b) Notwithstanding subdivision 1 and subdivision 2, clause (3), (6), or (7), the board
shall not refuse to grant a license to an applicant for licensure or impose disciplinary action
against a pharmacist, pharmacy technician, or pharmacist intern solely on one or more of
the following grounds:
new text end

new text begin (1) the applicant or a pharmacist, pharmacy technician, or pharmacist intern provided
or assisted in the provision of reproductive health care services in a manner that is lawful
in this state and that is within the applicable scope of practice;
new text end

new text begin (2) the applicant or a pharmacist, pharmacy technician, or pharmacist intern was convicted
in another jurisdiction of a felony resulting from conduct specified in clause (1); or
new text end

new text begin (3) the applicant or a pharmacist, pharmacy technician, or pharmacist intern was subject
to disciplinary action in another jurisdiction or was refused a license to practice pharmacy
in another jurisdiction resulting from conduct specified in clause (1).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 6.

Minnesota Statutes 2022, section 245C.15, is amended by adding a subdivision to
read:

new text begin Subd. 6. new text end

new text begin Reproductive health care services. new text end

new text begin The commissioner may not disqualify an
individual subject to a background study under this chapter for accessing or providing
reproductive health care services, as defined in section 147.091, subdivision 1c.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 7.

new text begin [548.252] APPLICATION OF LAW; ENFORCEMENT OF JUDGMENTS;
REPRODUCTIVE HEALTH.
new text end

new text begin (a) A law of another state that authorizes a person to bring a civil action against a person
or entity that does any of the following is contrary to the public policy of this state:
new text end

new text begin (1) terminates a pregnancy or seeks to terminate a pregnancy;
new text end

new text begin (2) performs an act to terminate a pregnancy;
new text end

new text begin (3) knowingly engages in conduct that assists in the termination of a pregnancy; or
new text end

new text begin (4) attempts or intends to engage in the conduct specified in clause (1), (2), or (3).
new text end

new text begin (b) A court in this state shall not apply a law described in paragraph (a) to a cause of
action. A court in this state shall not enforce or satisfy a civil judgment received through
an adjudication under a law described in paragraph (a).
new text end

new text begin (c) Notwithstanding any law to the contrary, a subpoena issued in this state for an action
pending in another state or issued in another state for an action pending in that state for the
attendance of a witness or the production of records shall not be enforced in this state if the
subpoena relates to a potential civil or criminal action against a patient, health care provider,
or other person for violating a law of the other state that restricts or limits access to, or the
provision of, the termination of a pregnancy.
new text end

new text begin (d) This section does not apply if the act on which the cause of action, judgment, or
subpoena was based would have served as the basis for a valid cause of action in this state
or if, at the time the act was performed, the act could have subjected a patient, health care
provider, or other person to a civil action or criminal penalties in this state if the act had
taken place in this state.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 8.

new text begin [604.415] CIVIL LIABILITY FOR REPRODUCTIVE HEALTH PENALTIES.
new text end

new text begin Except when a case would be the basis for a valid cause of action in this state, a person
against whom a judgment is entered pursuant to the laws of any other state based on the
alleged provision, receipt, assistance in the provision or receipt, or material support in the
provision or receipt of any reproductive health care services that are permitted in this state
may bring an action against the person who brought the action leading to that judgment or
who sought to enforce that judgment for:
new text end

new text begin (1) actual damages in the amount of the judgment in the other state;
new text end

new text begin (2) costs and reasonable attorney fees incurred in defending the action that resulted in
the judgment in the other state; and
new text end

new text begin (3) costs and reasonable attorney fees incurred to bring an action under this section.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 9.

Minnesota Statutes 2022, section 629.01, is amended to read:

629.01 DEFINITIONS.

Where appearing in sections 629.01 to 629.29, the term "governor" includes any person
performing the functions of governor by authority of the law of this state. The term "executive
authority" includes the governor, and any person performing the functions of governor in
a state other than this state. The term "state," referring to a state other than this state, includes
any other state or territory, organized or unorganized, of the United States. new text begin The terms
"committing an act in this state" and "acts committed in this state" include any action taken
while the person is physically present in this state.
new text end

Sec. 10.

Minnesota Statutes 2022, section 629.02, is amended to read:

629.02 DUTIES OF GOVERNOR IN EXTRADITION MATTERS.

Subject to the provisions of sections 629.01 to 629.29, the provisions of the Constitution
of the United States controlling, and any and all acts of Congress enacted in pursuance
thereof, it is the duty of the governor of this state to have arrested and delivered up to the
executive authority of any other state of the United States any person charged in that state
with treason, felony, or other crime, who has fled from justice and if found in this state. new text begin
Nothing in this section shall limit any person's right to move freely between states or to
enjoy the privileges and immunities of this state, and no person shall be arrested or delivered
up to the executive authority of any other state of the United States for acts committed in
this state or services received in this state involving any medical, surgical, counseling, or
referral services relating to the human reproductive system, including but not limited to
services related to pregnancy, contraception, or the termination of a pregnancy.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 11.

Minnesota Statutes 2022, section 629.05, is amended to read:

629.05 EXTRADITION BY AGREEMENT.

When it is desired to have returned to this state a person charged in this state with a
crime, and such person is imprisoned or is held under criminal proceedings then pending
against that person in another state, the governor of this state may agree with the executive
authority of such other state for the extradition of such person before the conclusion of such
proceedings or the person's term of sentence in such other state, upon condition that such
person be returned to such other state at the expense of this state as soon as the prosecution
in this state is terminated.

The governor of this state may also surrender, on demand of the executive authority of
any other state, any person in this state who is charged in the manner provided in section
629.23 with having violated the laws of the state whose executive authority is making the
demand, even though such person left the demanding state involuntarily new text begin , except that no
person shall be surrendered for acts committed in this state or services received in this state
involving any medical, surgical, counseling, or referral services relating to the human
reproductive system, including but not limited to services related to pregnancy, contraception,
or the termination of a pregnancy new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 12.

Minnesota Statutes 2022, section 629.06, is amended to read:

629.06 EXTRADITION OF PERSONS COMMITTING CRIME.

new text begin (a) Except as provided in paragraph (b), new text end the governor of this state may also surrender,
on demand of the executive authority of any other state, any person in this state charged in
such other state in the manner provided in section 629.03 with committing an act in this
state, or in a third state, intentionally resulting in a crime in the state, whose executive
authority is making the demand, and the provisions of sections 629.01 to 629.29 not otherwise
inconsistent, shall apply to such cases, even though the accused was not in that state at the
time of the commission of the crime, and has not fled therefrom.

new text begin (b) Nothing in this section shall limit any person's right to move freely between states
or to enjoy the privileges and immunities of this state, and no person shall be surrendered
to the executive authority of any other state for acts involving any medical, surgical,
counseling, or referral services relating to the human reproductive system, including but
not limited to services related to pregnancy, contraception, or the termination of a pregnancy.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 13.

Minnesota Statutes 2022, section 629.13, is amended to read:

629.13 WHO MAY BE APPREHENDED.

When any person within this state is charged on the oath of any credible person before
any judge of this state with the commission of any crime in any other state new text begin other than a
crime arising from acts committed in this state or services received in this state involving
any medical, surgical, counseling, or referral services relating to the human reproductive
system, including but not limited to services related to pregnancy, contraception, or the
termination of a pregnancy, new text end and, except in cases arising under section 629.06, with having
fled from justice, with having been convicted of a crime in that state and having escaped
from confinement, or having broken the terms of bail, probation, or parole, or when complaint
has been made before any judge in this state setting forth on the affidavit of any credible
person in another state that a crime has been committed in the other state and that the accused
has been charged in that state with the commission of the crime and, except in cases arising
under section 629.06, has fled from justice, or with having been convicted of a crime in that
state and having escaped from confinement, or having broken the terms of bail, probation,
or parole, and is believed to be in this state, the judge shall issue a warrant directed to any
peace officer commanding the officer to apprehend the person named in it, wherever the
accused may be found in this state, and to bring the accused before the same or any other
judge or court who or which may be available in or convenient of access to the place where
the arrest may be made, to answer the charge or complaint and affidavit. A certified copy
of the sworn charge or complaint and affidavit upon which the warrant is issued shall be
attached to the warrant.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 14.

Minnesota Statutes 2022, section 629.14, is amended to read:

629.14 ARREST WITHOUT WARRANT.

The arrest of a person may be lawfully made also by any peace officer or a private person,
without a warrant upon reasonable information that the accused stands charged in the courts
of a state with a crime punishable by death or imprisonment for a term exceeding one year new text begin ,
except that no person shall be arrested if the accused stands charged in the courts of any
other state for acts committed in this state or services received in this state involving any
medical, surgical, counseling, or referral services relating to the human reproductive system,
including but not limited to services related to pregnancy, contraception, or the termination
of a pregnancy new text end . When arrested the accused must be taken before a judge with all practicable
speed and complaint must be made against the accused under oath setting forth the ground
for the arrest as in section 629.13. Thereafter the answer shall be heard as if the accused
had been arrested on a warrant.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end