HF 1051

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to health; establishing a right to
reproductive privacy; proposing coding for new law as
Minnesota Statutes, chapter 145D.

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

Section 1.

new text begin [145D.01] SHORT TITLE.
new text end

new text begin This chapter shall be known and may be cited as the
"Reproductive Privacy Act."
new text end

Sec. 2.

new text begin [145D.03] FINDINGS.
new text end

new text begin The legislature finds that every individual possesses a
fundamental right of privacy with respect to personal
reproductive decisions. The legislature further finds that:
new text end

new text begin (1) every individual has the fundamental right to choose or
refuse birth control;
new text end

new text begin (2) every woman has the fundamental right to choose to bear
a child or to choose and obtain an abortion before fetal
viability or to terminate the pregnancy after fetal viability
when necessary to protect the life or health of the woman; and
new text end

new text begin (3) the state shall not deny or interfere with a woman's
fundamental right to choose to bear a child or to choose to
obtain an abortion.
new text end

Sec. 3.

new text begin [145D.05] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Applicability. new text end

new text begin The definitions in this
section shall apply to this chapter.
new text end

new text begin Subd. 2. new text end

new text begin Abortion. new text end

new text begin "Abortion" means any medical
treatment intended to induce the termination of a pregnancy
except for the purpose of producing a live birth.
new text end

new text begin Subd. 3. new text end

new text begin Pregnancy. new text end

new text begin "Pregnancy" means the human
reproductive process, beginning with the implantation of an
embryo.
new text end

new text begin Subd. 4. new text end

new text begin State. new text end

new text begin "State" means the state of Minnesota,
and every county, statutory or home rule charter city, or town
in this state.
new text end

new text begin Subd. 5. new text end

new text begin Viability. new text end

new text begin "Viability" means the point in a
pregnancy when, in the good-faith medical judgment of a
physician, on the particular facts of the case before the
physician, there is a reasonable likelihood that the fetus will
survive outside the uterus without the application of
extraordinary medical measures.
new text end

Sec. 4.

new text begin [145D.07] INTERFERENCE WITH REPRODUCTIVE PRIVACY
PROHIBITED.
new text end

new text begin Subdivision 1. new text end

new text begin Prohibition of interference. new text end

new text begin The state
may not:
new text end

new text begin (1) deny or interfere with a woman's right to choose:
new text end

new text begin (i) to bear a child;
new text end

new text begin (ii) to terminate a pregnancy before viability; or
new text end

new text begin (iii) to terminate a pregnancy after viability when
termination is necessary to protect the life or health of the
woman; or
new text end

new text begin (2) discriminate against the exercise of rights set forth
in clause (1) in the regulation or provision of benefits,
facilities, services, or information.
new text end

new text begin Subd. 2. new text end

new text begin Civil action. new text end

new text begin An individual aggrieved by a
violation of this section may obtain appropriate relief in a
civil action. The state waives immunity from suit for these
claims.
new text end

Sec. 5.

new text begin [145D.09] SEVERABILITY.
new text end

new text begin If any provision of this act, or the application of the
provision to any person or circumstance, is held to be
unconstitutional, the remainder of this act, or the application
of the provision to persons or circumstances other than those as
to which the provision is held to be unconstitutional, shall not
be affected thereby.
new text end

Sec. 6.

new text begin [145D.11] RULE OF CONSTRUCTION.
new text end

new text begin This chapter applies to every state and local statute,
ordinance, regulation, administrative order, decision, policy,
practice, or other action enacted, adopted, or implemented
before, on, or after the effective date of this act.
new text end