SF 727

as introduced - 89th Legislature (2015 - 2016) Posted on 02/13/2015 08:51am

A bill for an act
relating to health; requiring a prescribing physician to be physically present
when certain abortion-inducing drugs are administered; providing for criminal
penalties; proposing coding for new law in Minnesota Statutes, chapter 145.

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

Section 1.

new text begin [145.4233] ABORTION REGULATION; PHYSICAL PRESENCE
OF PHYSICIAN REQUIRED.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the following terms
have the meanings given.
new text end

new text begin (b) "Abortion" means the use or prescription of any instrument, medicine, drug,
or any other substance or device:
new text end

new text begin (1) to purposely kill the unborn child of a woman known to be pregnant; or
new text end

new text begin (2) to purposely terminate the pregnancy of a woman known to be pregnant, with a
purpose other than:
new text end

new text begin (i) after viability to produce a live birth and preserve the life and health of the child
born alive; or
new text end

new text begin (ii) to remove a dead unborn child.
new text end

new text begin (c) "Attempt to perform or induce an abortion" means an act, or an omission of
a statutorily required act, that, under the circumstances as the actor believes them to
be, constitutes a substantial step in a course of conduct planned to culminate in the
performance or induction of an abortion in this state in violation of this section.
new text end

new text begin (d) "Physician" means a doctor of medicine or osteopathy licensed to practice
medicine in this state under chapter 147.
new text end

new text begin Subd. 2. new text end

new text begin Physician's presence required. new text end

new text begin When RU-486 (mifepristone) or any drug
or chemical is used for the purpose of inducing an abortion, the initial administration of
the drug or chemical must be administered in the same room and in the physical presence
of the physician who prescribed, dispensed, or otherwise provided the drug or chemical
to the patient. The physician inducing the abortion, or a person acting on behalf of the
physician inducing the abortion, shall make all reasonable efforts to ensure that the patient
returns 12 to 18 days after the administration or use of RU-486 (mifepristone) or any drug
or chemical for a follow-up visit so that the physician can confirm that the pregnancy has
been terminated and assess the patient's medical condition. A brief description of the
efforts made to comply with this subdivision, including the date, time, and identification by
name of the person making such efforts, shall be included in the patient's medical record.
new text end

new text begin Subd. 3. new text end

new text begin Criminal penalty. new text end

new text begin Any person who knowingly or recklessly performs or
attempts to perform an abortion in violation of this section shall be guilty of a felony. No
penalty shall be assessed against the female upon whom the abortion is performed or
attempted to be performed.
new text end

new text begin Subd. 4. new text end

new text begin Civil action. new text end

new text begin (a) Any female upon whom an abortion has been performed,
the father of the unborn child who was the subject of the abortion if the father was married
to the woman who received the abortion at the time the abortion was performed, or a
maternal grandparent of the unborn child, may maintain an action against the person who
performed the abortion in knowing or reckless violation of this section for actual and
punitive damages. Any female upon whom an abortion has been attempted in knowing or
reckless violation of this section may maintain an action against the person who attempted
to perform the abortion for actual and punitive damages.
new text end

new text begin (b) A cause of action for injunctive relief against any person who has knowingly or
recklessly violated this section may be maintained by the woman upon whom an abortion
was performed or attempted to be performed in violation of this section; by any person
who is the spouse, parent, sibling, or guardian of, or a current or former licensed health
care provider of the woman upon whom an abortion has been performed or attempted to be
performed in violation of this section; by a county attorney with appropriate jurisdiction;
or by the attorney general. The injunction shall prevent the abortion provider from
performing further abortions in this state in violation of this section.
new text end

new text begin Subd. 5. new text end

new text begin Attorney fees. new text end

new text begin If a judgment is rendered in favor of the plaintiff in any
action described in subdivision 4, the court shall render judgment for reasonable attorney
fees in favor of the plaintiff against the defendant. If a judgment is rendered in favor of
the defendant and the court finds that the plaintiff's suit was frivolous and brought in bad
faith, the court shall render judgment for reasonable attorney fees in favor of the defendant
against the plaintiff.
new text end

new text begin Subd. 6. new text end

new text begin No cause of action against the woman. new text end

new text begin No pregnant female who obtains
or possesses RU-486 (mifepristone) or any drug or chemical for the purpose of inducing
an abortion to terminate her own pregnancy shall be subject to any action brought under
subdivision 3.
new text end

new text begin Subd. 7. new text end

new text begin Protection of privacy. new text end

new text begin In every civil or criminal proceeding or action
brought under this section, the court shall rule whether the anonymity of any female
upon whom an abortion has been performed or attempted shall be preserved from public
disclosure if she does not give her consent to such disclosure. The court, upon motion
or sua sponte, shall make a ruling and, upon determining that her anonymity should be
preserved, shall issue orders to the parties, witnesses, and counsel, and shall direct the
sealing of the record and exclusion of individuals from courtrooms or hearing rooms to
the extent necessary to safeguard her identity from public disclosure. Each order shall be
accompanied by specific written findings explaining why the anonymity of the female
should be preserved from public disclosure, why the order is essential to that end, how
the order is narrowly tailored to serve that interest, and why no reasonable less restrictive
alternative exists. In the absence of written consent of the female upon whom an abortion
has been performed or attempted, any person, other than a public official, who brings an
action under subdivision 4 shall do so under a pseudonym. This subdivision shall not be
construed to conceal the identity of the plaintiff or of witnesses from the defendant.
new text end

new text begin Subd. 8. new text end

new text begin Severability. new text end

new text begin If any one or more provision, subdivision, sentence, clause,
phrase, or word of this section, or the application thereof to any person or circumstance
is found to be unconstitutional, the same is hereby declared to be severable and the
balance of this section shall remain effective notwithstanding such unconstitutionality.
The legislature hereby declares that it would have passed this section, and each provision,
subdivision, sentence, clause, phrase, or word thereof, irrespective of the fact that any
one or more provisions, subdivisions, sentences, clauses, phrases, or words be declared
unconstitutional.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2015, and applies to causes
of action that arise on or after that date.
new text end