SF 5179

Introduction - 94th Legislature (2025 - 2026)

Posted on 04/21/2026 09:06 a.m.

A bill for an act
relating to health; prohibiting coercing a pregnant minor female into seeking or
obtaining an abortion; screening and reporting suspected cases of human trafficking
of minors; requiring certain information to be displayed; adding action for wrongful
death resulting from abortion; requiring rulemaking; 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 [145.4111] COERCING A PREGNANT MINOR FEMALE TO HAVE
AN ABORTION.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

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

new text begin (a) "Abortion" means the use or prescription of any instrument, medicine, drug, or any
other substance or device to intentionally terminate the pregnancy of a female known to be
pregnant with an intention other than to increase the probability of a live birth; to preserve
the life or health of the child after a live birth; to remove a dead unborn child who died as
the result of a spontaneous abortion, accidental trauma, or a criminal assault on the pregnant
female or her unborn child; or to save the life of the mother.
new text end

new text begin (b) "Abortion facility" means any private office or freestanding outpatient clinic in which
abortions are performed, induced, or prescribed or where the means for an abortion are
provided.
new text end

new text begin (c) "Abortion-inducing drug" includes drugs and chemicals that result in the death of a
conceived human being that has implanted in the womb of the pregnant female.
new text end

new text begin (d) "Abortion provider" means a person performing a surgical abortion or prescribing
a drug that induces abortion.
new text end

new text begin (e) "Coerce" means to use or threaten to use any form of domination, restraint, or control
for the purpose of causing a female, including one who is a minor, to seek or obtain an
abortion. Coercion exists if the totality of the circumstances establishes the existence of
domination, restraint, or control that would have the reasonably foreseeable effect of causing
an individual to seek or obtain an abortion. Evidence of coercion may include but is not
limited to:
new text end

new text begin (1) physical force or actual or implied threats of physical force;
new text end

new text begin (2) physical or mental torture;
new text end

new text begin (3) implicitly or explicitly leading a female to believe that the female will be protected
from violence or arrest;
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new text begin (4) kidnapping;
new text end

new text begin (5) defining the terms of an individual's employment or working conditions in a manner
that can foreseeably lead to the individual seeking or obtaining an abortion;
new text end

new text begin (6) blackmail;
new text end

new text begin (7) extortion or claims of indebtedness;
new text end

new text begin (8) threat of legal complaint or report of delinquency;
new text end

new text begin (9) threat to interfere with parental rights or responsibilities, whether by judicial or
administrative action or otherwise;
new text end

new text begin (10) promise of a legal benefit, such as posting bail, procuring an attorney, protecting
from arrest, or promising unionization;
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new text begin (11) promise of financial rewards;
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new text begin (12) promise of marriage;
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new text begin (13) restraining speech or communication with others, such as exploiting a language
difference or interfering with the use of mail, telephone, or money;
new text end

new text begin (14) isolating the individual from others;
new text end

new text begin (15) exploiting a condition of developmental disability, cognitive limitation, affective
disorder, or substance dependency;
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new text begin (16) taking advantage of a lack of intervention by child protection;
new text end

new text begin (17) exploiting victimization by previous sexual abuse or battering;
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new text begin (18) exploiting pornographic performance;
new text end

new text begin (19) interfering with opportunities for education or skills training;
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new text begin (20) destroying property;
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new text begin (21) restraining movement;
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new text begin (22) exploiting HIV status, particularly where the defendant's previous coercion led to
the HIV exposure; or
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new text begin (23) exploiting needs for food, shelter, safety, affection, or intimate or marital
relationships.
new text end

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

new text begin (g) "Hospital" means an institution licensed by the commissioner of health; staffed and
equipped to provide services, facilities, and beds for the reception and care of one or more
nonrelated persons for a continuous period longer than 24 hours for diagnosis, treatment,
or care of an illness, injury, or pregnancy; and regularly providing clinical laboratory services,
diagnostic x-ray services, and treatment facilities for surgery, obstetrical care, or other
definitive medical treatment of similar extent. Hospital does not include diagnostic or
treatment centers, physicians' offices or clinics, or other facilities for the foster care of
children that are licensed by the commissioner of human services.
new text end

new text begin (h) "Minor" means a female who is under the age of 18.
new text end

new text begin Subd. 2. new text end

new text begin Violations; felony. new text end

new text begin It is a felony to force or coerce a pregnant minor female to
seek an abortion or obtain an abortion against the pregnant minor female's will.
new text end

new text begin Subd. 3. new text end

new text begin Violations; gross misdemeanor. new text end

new text begin (a) Whoever does any of the following against
a pregnant minor female commits an assault and is guilty of a gross misdemeanor:
new text end

new text begin (1) commits an act with intent to cause fear in another of immediate bodily harm or
death; or
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new text begin (2) intentionally inflicts or attempts to inflict bodily harm or coerces or attempts to coerce
a pregnant minor female to seek or obtain an abortion, regardless of whether the pregnant
minor female actually obtains an abortion.
new text end

new text begin (b) Upon the request of the minor female victim, a law enforcement agency investigating
a violation of a felony under subdivision 2, or a gross misdemeanor under paragraph (a)
shall notify the pregnant minor female victim and a parent or legal guardian not less than
24 hours before initially contacting the person alleged to have committed a violation of
subdivision 2 and this subdivision.
new text end

new text begin Subd. 4. new text end

new text begin Verbal notice required; certification of notification. new text end

new text begin (a) Before performing
an abortion on a pregnant minor female or making available drugs or devices to cause a
pregnant minor female to have an abortion, an attending abortion provider or provider's
agent must verify, by means of a government- or school-issued photographic identification
containing the bearer's date of birth documenting the age of the individual. Verification is
not required if the person is 30 years of age or older. If the person is under the age of 18,
the attending abortion provider must inform the pregnant minor female that no one can force
her to have an abortion and that an abortion cannot be performed on her unless she provides
a freely given, voluntary, and informed consent.
new text end

new text begin (b) The pregnant minor female must certify in writing, prior to the performance of the
abortion, that she was informed by the attending physician of the required information in
paragraph (a). A copy of the written certification must be placed in the minor's file and kept
for at least seven years or for two years after the minor reaches the age of majority, whichever
is greater.
new text end

new text begin Subd. 5. new text end

new text begin Sign posting required. new text end

new text begin (a) A private office or freestanding outpatient clinic in
which abortions are performed, induced, or prescribed, or where the means for an abortion
are provided, must conspicuously post a sign clearly visible to patients in each waiting room
and patient consultation room used for patients on whom abortions are performed, induced,
or prescribed, or who are provided with the means for abortion, that reads: "Notice: It is
against the law for anyone, regardless of their relationship to you, to force you to have an
abortion. By law we cannot perform an abortion on you unless we have your freely given
and voluntary consent. You have the right to contact any local or state law enforcement
agency to receive protection from any actual or threatened physical abuse or violence."
new text end

new text begin (b) The sign must be at least 11 inches by 17 inches and printed with lettering that is
legible, in at least 44-point type, and at least one-quarter inch in size.
new text end

new text begin (c) A hospital or any other facility where abortions are performed, induced, or prescribed,
or where the means for an abortion are provided or referrals for abortions are made, that is
a not a private office or freestanding outpatient clinic shall conspicuously post a sign clearly
visible to patients in each patient consultation room used by patients on whom abortions
are performed, induced, or prescribed, or who are provided with the means for an abortion,
that reads: "Notice: It is against the law for anyone, regardless of their relationship to you,
to force you to have an abortion. By law we cannot perform an abortion on you unless we
have your freely given and voluntary consent. You have the right to contact any local or
state law enforcement agency to receive protection from any actual or threatened physical
abuse or violence."
new text end

new text begin (d) The sign shall be at least 11 inches by 17 inches and printed with lettering that is
legible, in at least 44-point type, and at least one-quarter inch in size. The sign must be made
available by the Department of Health.
new text end

new text begin (e) In telemedicine settings in which abortions are prescribed, or where the means for
an abortion are provided or referrals for abortions are made, the provider or provider's agent
shall orally inform and provide the patient on whom abortions are referred for, performed,
induced, or prescribed, or who are provided with the means for an abortion, with the same
language as the sign described in paragraphs (a) and (c) printed in a typeface large enough
to be clearly legible. A referring provider shall provide a patient who is referred for an
abortion with a sign or in letters online, as described in paragraphs (a) and (c) with the same
language as the sign described in paragraphs (a) and (c) printed in a typeface large enough
to be clearly legible.
new text end

new text begin Subd. 6. new text end

new text begin Penalties. new text end

new text begin (a) Anyone who fails to comply with subdivision 5, paragraph (a),
(c), or (e), shall be assessed an administrative fine of $10,000. Each subsequent violation
is a separate violation.
new text end

new text begin (b) An action may be brought by or on behalf of an individual injured by the failure to
post the required sign or by failure to receive a copy of the sign. A plaintiff in an action
under this section may recover damages for emotional distress. The pregnant minor female
and her parents or legal guardians shall have a cause of action for wrongful death of the
unborn child against the person who forced or coerced her to have an abortion.
new text end

new text begin (c) In determining liability and validity of informed consent, the failure to comply with
the requirements of posting the sign and disseminating a copy of the sign as required in
subdivision 5 is presumptive evidence that the pregnant minor female would not have
undertaken the recommended abortion had the sign posting and dissemination of the copy
of the sign in subdivision 5 been complied with.
new text end

new text begin (d) A pregnant minor female or a parent or legal guardian of a pregnant minor female
upon whom an abortion was performed without complying with this section may maintain
an action against the person who performed the abortion in knowing or reckless violation
of this section for actual and punitive damages. A person or a parent or legal guardian of a
pregnant minor female upon whom an abortion was attempted without complying with this
section may maintain an action against the person who attempted to perform the abortion
in knowing or reckless violation of this section for actual and punitive damages. No civil
liability may be assessed for failure to comply with this section, unless the commissioner
has made the sign available.
new text end

new text begin (e) If judgment is rendered in favor of the plaintiff in an action described in this
subdivision, the court shall also render judgment for reasonable attorney fees in favor of
the plaintiff against the defendant. If 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 also
render judgment for reasonable attorney fees in favor of the defendant against the plaintiff.
The sanctions and actions provided in this subdivision do not replace, limit, or preclude
other penalties or sanctions available under other laws or rules.
new text end

Sec. 2.

new text begin [145.4112] SCREENING REQUIREMENT.
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" has the meaning given in section 145.4111, subdivision 1, paragraph (a).
new text end

new text begin (c) "Coerce" has the meaning given in section 145.4111, subdivision 1, paragraph (e).
new text end

new text begin (d) "Minor female" means a female who is under the age of 18.
new text end

new text begin (e) "Provider" means a person performing a surgical abortion or prescribing a drug that
induces abortion.
new text end

new text begin Subd. 2. new text end

new text begin Screening. new text end

new text begin (a) If a pregnant minor female schedules an appointment for an
abortion, the provider or provider's agent shall ensure that the minor female's request for
an abortion is not the result of coercion by asking the pregnant minor female, while the
pregnant minor female is in the presence of no one other than the provider or provider's
agent, if any person, regardless of the person's relationship to her, such as a boyfriend; the
unborn child's father; the pregnant minor female's parents, siblings, relatives, employer, or
trafficker, is forcing her to seek or obtain an abortion against her will.
new text end

new text begin (b) If a pregnant minor female indicates that she is the victim of coercion to have an
abortion, the provider or provider's agent shall:
new text end

new text begin (1) provide the pregnant minor female with private access to a telephone and with
information about safe transportation and services available to help her;
new text end

new text begin (2) inform the pregnant minor's parent or legal guardian; and
new text end

new text begin (3) contact a county child protective services agency.
new text end

new text begin (c) If the provider or provider's agent, although not told by the pregnant minor female
that she is a victim of coercion, believes that a person, regardless of the person's relationship
to her, such as a boyfriend; the unborn child's father; or the pregnant minor female's parents,
siblings, relatives, employer, or trafficker, is forcing her to seek or obtain an abortion against
her will, the provider or provider's agent shall:
new text end

new text begin (1) inform law enforcement;
new text end

new text begin (2) inform the pregnant minor's parent or legal guardian; and
new text end

new text begin (3) contact a county child protective services agency.
new text end

new text begin Subd. 3. new text end

new text begin Penalties. new text end

new text begin (a) Any private office, freestanding outpatient clinic, hospital, or
other facility or clinic that fails to screen a pregnant minor female in knowing, reckless, or
negligent violation of this section shall be assessed a fine of $10,000. In determining liability
and validity of informed consent, the failure to comply with the screening and notification
requirements in section 145.4111 and this section is presumptive evidence that the plaintiff
would not have undertaken the recommended abortion had the requirements been complied
with.
new text end

new text begin (b) The pregnant minor female and a parent or legal guardian of the pregnant minor
female shall have a cause of action for wrongful death of the unborn child against the person
who forced or coerced her to have an abortion.
new text end

new text begin (c) A person or parent or legal guardian of a person upon whom an abortion was
performed without complying with this section may maintain an action against the person
who performed the abortion in knowing or reckless violation of this section for actual and
punitive damages. No civil liability may be assessed for failure to comply with this section
requiring information about safe transportation and available services, unless the
commissioner of health has made the materials available at the time to the provider or
provided the female with a telephone and the materials.
new text end

new text begin (d) If judgment is rendered in favor of the plaintiff in any action described in this section,
the court shall also render judgment for reasonable attorney fees in favor of the plaintiff
against the defendant. If 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 also render
judgment for reasonable attorney fees in favor of the defendant against the plaintiff.
new text end

Sec. 3.

new text begin [145.4113] TRAINING REQUIREMENT.
new text end

new text begin Subdivision 1. new text end

new text begin Applicability. new text end

new text begin This section applies to any person who: (1) is employed
by, volunteers at, or performs services under contract with an abortion facility or ambulatory
surgical center that performs more than 50 abortions in any 12-month period; and (2) has
contact in person or online with patients of the facility.
new text end

new text begin Subd. 2. new text end

new text begin Education and training programs; trafficking of persons. new text end

new text begin (a) The
commissioners of health and human services shall adopt rules that require a person working
in a facility defined in section 145.4111, subdivision 1, paragraph (b), to complete a training
program to identify and assist victims of human trafficking within a reasonable time period
after beginning work at the facility.
new text end

new text begin (b) The training program under this section must use the Department of Health's
standardized course, Serving Survivors of Human Trafficking in Health Care. The department
shall make available to each facility described in section 145.4111, subdivision 1, paragraph
(b), the training program required under this section.
new text end

new text begin Subd. 3. new text end

new text begin Assessment. new text end

new text begin A person employed by a facility described in section 145.4111,
subdivision 1, paragraph (b), who is hired, begins volunteering, or begins providing services
under contract before March 1, 2026, is not required to comply with this section before
December 1, 2026. During the initial consultation between the provider and the pregnant
minor female prior to scheduling a surgical or medical abortion, the provider shall:
new text end

new text begin (1) do an assessment of the pregnant minor female's circumstances to make a reasonable
determination whether the pregnant minor female's decision to submit to an abortion is the
result of any coercion or pressure from other persons. In conducting that assessment, the
provider shall obtain from the pregnant minor female the age or approximate age of the
father of the unborn child, and the physician shall consider whether any disparity in age
between the pregnant minor female and the unborn child's father is a factor when determining
whether the pregnant minor female has been subjected to pressure, undue influence, or
coercion; and
new text end

new text begin (2) conduct an assessment of the pregnant minor female's health and circumstances to
determine if any of the following preexisting risk factors associated with adverse
psychological outcomes following an abortion are present in her case:
new text end

new text begin (i) coercion; or
new text end

new text begin (ii) coercive pressure from others to have an abortion.
new text end

Sec. 4.

new text begin [145.4114] CIVIL ACTION FOR FAILURE TO COMPLY.
new text end

new text begin In any civil action for a claim arising from a failure to comply with any of the provisions
of sections 145.4111 to 145.4113, the following provisions apply:
new text end

new text begin (1) the failure to comply with the requirements of sections 145.4111 to 145.4113 relative
to obtaining consent for an abortion creates a rebuttable presumption that if the pregnant
minor female had been informed or assessed in accordance with the requirements of sections
145.4111 to 145.4113, she would have decided not to undergo the abortion;
new text end

new text begin (2) if the trier of fact determines that the abortion was the result of coercion and
determines that, had the provider acted prudently, the provider would have learned of the
coercion, there is a nonrebuttable presumption that the pregnant minor female would not
have consented to the abortion if the provider had complied with the provisions in sections
145.4111 to 145.4113;
new text end

new text begin (3) if evidence is presented by a defendant to rebut the presumption in clause (2), the
finder of fact shall determine if the pregnant minor female had been given all of the
information a reasonably prudent patient in her circumstance would consider significant,
would she have consented to the abortion or declined to consent to the abortion based upon
her personal background and personality, her physical and psychological condition, and her
personal philosophical, religious, ethical, and moral beliefs;
new text end

new text begin (4) the pregnant minor female has a right to rely upon the abortion provider as her source
of information and has no duty to seek any other source of information prior to signing a
consent to an abortion; and
new text end

new text begin (5) no parent or other person responsible for making decisions relative to the pregnant
minor female's care may waive the requirements of sections 145.4111 to 145.4115, and any
verbal or written waiver of liability for malpractice or professional negligence arising from
any failure to comply with the requirements of sections 145.4111 to 145.4115 is void and
unenforceable.
new text end

Sec. 5.

new text begin [145.4115] INTENT TO CAUSE ABORTION; ABUSE OF ABORTION
DRUG.
new text end

new text begin It is a felony to coerce a pregnant minor female into an abortion by knowingly and
intentionally engaging in the use, or attempted use, of an abortion-inducing drug on a
pregnant minor female without her knowledge or consent. It is not a defense if the attempt
fails to cause the death of the unborn child. It is not a defense to prosecution if the person
commits the crime of coerced criminal abortion by means of fraud and the use of an
abortion-inducing drug results in the death or serious bodily injury of the pregnant minor
female. It shall be prosecuted as an additional felony if the unborn child is more than three
months of gestational age and, therefore, the drug substantially increases the pregnant minor
female's risk of death or serious bodily harm due to the nonconsensual use of an
abortion-inducing drug on the pregnant minor female.
new text end

Sec. 6.

new text begin [145.4116] SEVERABILITY.
new text end

new text begin If any one or more provisions, sections, subdivisions, sentences, clauses, phrases, or
words of sections 145.4111 to 145.4115 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 sections 145.4111 to 145.4115 shall remain effective notwithstanding
any unconstitutional provision, section, subdivision, sentence, clause, phrase, or word. The
legislature hereby declares that it would have passed sections 145.4111 to 145.4115, and
each provision, section, subdivision, sentence, clause, phrase, or word thereof, irrespective
of the fact that any one or more provisions, sections, subdivisions, sentences, clauses,
phrases, or words be declared unconstitutional.
new text end

Sec. 7.

new text begin [145.4117] RULEMAKING.
new text end

new text begin No later than December 1, 2027, the commissioner of health shall adopt rules necessary
to implement the provisions of sections 145.4111 to 145.4115.
new text end