HF 2834

as introduced - 92nd Legislature (2021 - 2022) Posted on 01/31/2022 10:53am

A bill for an act
relating to health; requiring provision of notice whether a medication, medical
equipment, or medical device is developed or manufactured using aborted fetal
tissue; providing for civil remedies; 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 [145.4225] REQUIRED NOTICE; MEDICATION, MEDICAL
EQUIPMENT, OR MEDICAL DEVICE DEVELOPED OR MANUFACTURED
USING ABORTED FETAL TISSUE.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) The terms defined in this subdivision apply to this section.
new text end

new text begin (b) "Aborted fetal tissue" means fetal tissue that is available as a result of an elective
abortion.
new text end

new text begin (c) "Fetal tissue" means any body part, organ, or cell of an unborn human child. Fetal
tissue does not include tissue or cells obtained from a placenta, umbilical cord, or amniotic
fluid.
new text end

new text begin (d) "Medication" includes a prescription drug, over-the-counter medication, intravenous
solution, or vaccine.
new text end

new text begin Subd. 2. new text end

new text begin Required notice. new text end

new text begin Prior to prescribing, administering, issuing, or recommending
a medication to a patient, or to prescribing or using medical equipment or a medical device
on a patient, a health care provider or designated clinic staff person must notify the patient,
or the parent or legal guardian of a patient under age 18, as to whether aborted fetal tissue
was or was not used in the research, development, or manufacture of the medication, medical
equipment, or medical device. This notice must be provided in writing and must be provided
separately from all other notices provided to the patient, parent, or legal guardian.
new text end

new text begin Subd. 3. new text end

new text begin Civil remedies. new text end

new text begin (a) A patient may bring an action against the manufacturer of
a medication, medical equipment, or medical device for damages caused by the
manufacturer's failure to accurately disclose that aborted fetal tissue was used in the research,
development, or manufacture of the medication, medical equipment, or medical device, if:
new text end

new text begin (1) the manufacturer disclosed that aborted fetal tissue was not used in research on or
the development or manufacture of a medication, medical equipment, or medical device;
new text end

new text begin (2) the manufacturer knew or should have known that the information in clause (1)
disclosed by the manufacturer was not accurate; and
new text end

new text begin (3) the patient received the information in clause (1) and relied on that information when
consenting to the prescribing, administration, issuance, or use of the medication, medical
equipment, or medical device.
new text end

new text begin (b) A patient may bring an action against a health care provider for damages caused by
the health care provider's failure to accurately disclose that aborted fetal tissue was used in
the research, development, or manufacture of a medication, medical equipment, or medical
device, if:
new text end

new text begin (1) the health care provider prescribed, administered, issued, or recommended the
medication, medical equipment, or medical device to the patient; and
new text end

new text begin (2) the health care provider or designated clinic staff person provided notice to the patient
that aborted fetal tissue was not used in the research, development, or manufacture of the
medication, medical equipment, or medical device and knew that this information was not
accurate.
new text end