HF 4059

as introduced - 85th Legislature (2007 - 2008) 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.

[145D.01] SHORT TITLE.

This chapter shall be known and may be cited as the "Reproductive Privacy Act."

Sec. 2.

[145D.03] FINDINGS.

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

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

(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

(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.

Sec. 3.

[145D.05] DEFINITIONS.

Subdivision 1.

Applicability.

The definitions in this section shall apply to this
chapter.

Subd. 2.

Abortion.

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

Subd. 3.

Pregnancy.

"Pregnancy" means the human reproductive process,
beginning with the implantation of an embryo.

Subd. 4.

State.

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

Subd. 5.

Viability.

"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.

Sec. 4.

[145D.07] INTERFERENCE WITH REPRODUCTIVE PRIVACY
PROHIBITED.

Subdivision 1.

Prohibition of interference.

The state may not:

(1) deny or interfere with a woman's right to choose:

(i) to bear a child;

(ii) to terminate a pregnancy before viability; or

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

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

Subd. 2.

Civil action.

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.

Sec. 5.

[145D.09] SEVERABILITY.

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 to which the provision is
held to be unconstitutional, shall not be affected thereby.

Sec. 6.

[145D.11] RULE OF CONSTRUCTION.

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.