HF 481

as introduced - 94th Legislature (2025 - 2026) Posted on 02/13/2025 02:43pm

A bill for an act
relating to health care; prohibiting discrimination against an individual for the
refusal of certain medical interventions for reasons of conscience, including
religious convictions; proposing coding for new law as Minnesota Statutes, chapter
363B.

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

Section 1.

new text begin [363B.01] CONSCIENTIOUS RIGHT TO REFUSE MEDICAL
INTERVENTION.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

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

new text begin (b) "Individual" means someone who is eighteen years of age or older or is an
emancipated minor.
new text end

new text begin (c) "Political subdivision" means a county, township, municipal corporation, or other
body corporate and politic responsible for governmental activities in a geographic area
smaller than that of the state. Political subdivision includes a board of health of a city or
general health district.
new text end

new text begin (d) "Private college" means an institution of higher education that is not owned or
operated by the government.
new text end

new text begin (e) "Public official" means any officer, employee, or duly authorized agent or
representative of a state agency or political subdivision.
new text end

new text begin (f) "State agency" means any organized agency, board, body, commission, department,
institution, office, or other entity established by the laws of the state for the exercise of any
function of state government. State agency does not include a court.
new text end

new text begin (g) "State institution of higher education" means an institution governed by either the
Board of Trustees of the Minnesota State Colleges and Universities or the Board of Regents
of the University of Minnesota.
new text end

new text begin Subd. 2. new text end

new text begin Prohibiting discrimination based on refusing medical intervention. new text end

new text begin (a) A
business, employer including an administrator or supervisor, health plan issuer, health care
provider, hospital, institution, nursing home, person, political subdivision, private college,
public official, residential care facility, state agency, or state institution of higher education
shall not do any of the following based on an individual's refusal of any biologic vaccine,
pharmaceutical, drug, gene editing technology, RNA-based product, or DNA-based product
for reasons of conscience, including religious convictions:
new text end

new text begin (1) deny employment to the individual or terminate the individual's employment;
new text end

new text begin (2) deny a service, including a public service, to the individual;
new text end

new text begin (3) deny the individual access to commerce;
new text end

new text begin (4) segregate the individual;
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new text begin (5) penalize the individual or use financial coercion against the individual; or
new text end

new text begin (6) treat the individual differently than an individual who accepted the medical
intervention.
new text end

new text begin (b) If an individual believes that a violation of paragraph (a) has occurred, the individual
may do one or both of the following:
new text end

new text begin (1) petition a court of competent jurisdiction for injunctive relief or a declaratory
judgment; or
new text end

new text begin (2) bring a private civil action for money damages in a court of competent jurisdiction
against the business, employer including an administrator or supervisor, health plan issuer,
health care provider, hospital, institution, nursing home, person, political subdivision, private
college, public official, residential care facility, state agency, or state institution of higher
education.
new text end

new text begin (c) To prevail in a civil action, the individual must prove by a preponderance of the
evidence that the entity in paragraph (b), clause (2), violated one or more of the provisions
in paragraph (a).
new text end

new text begin (d) Whenever an individual who petitions for injunctive relief or a declaratory judgment
prevails in that petition, the court shall award the individual court costs and reasonable
attorney fees.
new text end

new text begin (e) Whenever an individual files a private civil action for money damages prevails in
that action, the court shall award the individual all of the following:
new text end

new text begin (1) court costs;
new text end

new text begin (2) reasonable attorney fees; and
new text end

new text begin (3) three times the amount of the individual's actual damages or two hundred dollars,
whichever is greater.
new text end

new text begin Subd. 3. new text end

new text begin Prevailing law. new text end

new text begin (a) Notwithstanding any provision of law to the contrary, the
provisions of this section prevail over any conflicting provisions in general law, to the extent
of the conflict, unless the general law contains a specific exemption from this section; in
which case the general law prevails, but only to the extent of the exemption.
new text end

new text begin (b) No provision of this section shall prevent the recommendation of, education about,
or access to any of the medical interventions in subdivision 2.
new text end