HF 4900

as introduced - 92nd Legislature (2021 - 2022) Posted on 05/23/2022 09:56am

A bill for an act
relating to health; limiting the application of certain out-of-state laws or actions
regarding the provision or receipt of reproductive health care services; establishing
a civil action; proposing coding for new law in Minnesota Statutes, chapters 145;
604.

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

Section 1.

new text begin [145.418] OUT-OF-STATE LAWS OR ACTIONS REGARDING
REPRODUCTIVE HEALTH CARE SERVICES.
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 following terms have
the meanings given.
new text end

new text begin (b) "Law enforcement agency" has the meaning given in section 626.84, subdivision 1,
paragraph (f).
new text end

new text begin (c) "Peace officer" has the meaning given in section 626.84, subdivision 1, paragraph
(c).
new text end

new text begin (d) "Reproductive health care services" means all medical, surgical, counseling, or
referral services relating to the human reproductive system, including but not limited to
services related to pregnancy, contraception, or the termination of a pregnancy.
new text end

new text begin Subd. 2. new text end

new text begin Out-of-state judgments. new text end

new text begin Notwithstanding any law to the contrary and except
as provided in subdivision 6, a court, law enforcement agency, or other agency of this state
shall not enforce or recognize a judgment entered in another state that imposes civil liability
or civil or criminal penalties on a patient, health care provider, or other person for violating
a law of the other state that restricts or limits access to or the provision of reproductive
health care services.
new text end

new text begin Subd. 3. new text end

new text begin Subpoenas. new text end

new text begin Notwithstanding any law to the contrary and except as provided
in subdivision 6, a subpoena issued in Minnesota for an action pending in another state or
issued in another state for an action pending in that state, for the attendance of a witness or
the production of records, shall not be enforced in this state if the subpoena relates to a
potential civil or criminal action against a patient, health care provider, or other person for
violating a law of the other state that restricts or limits access to or the provision of
reproductive health care services.
new text end

new text begin Subd. 4. new text end

new text begin Warrants. new text end

new text begin Notwithstanding any law to the contrary and except as provided in
subdivision 6, an arrest warrant or search warrant issued by a court of another state for a
potential violation of that state's law restricting or limiting access to or the provision of
reproductive health care services is not valid in this state. A judge in this state must not
issue such a warrant and a peace officer in this state must not execute or assist in the
execution of such a warrant.
new text end

new text begin Subd. 5. new text end

new text begin Extradition. new text end

new text begin Notwithstanding any law to the contrary and except as provided
in subdivision 6, a person present in this state shall not be extradited to another state for
prosecution regarding a violation of a law of the other state that restricts or limits access to
or the provision of reproductive health care services.
new text end

new text begin Subd. 6. new text end

new text begin Exception. new text end

new text begin This section does not apply if the act on which the judgment,
investigation, arrest warrant, search warrant, or extradition was based would have served
as the basis for a valid cause of action in this state or if, at the time the act was performed,
the act could have subjected a patient, health care provider, or other person to a civil action
or criminal penalties in this state if the act had taken place in this state.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022.
new text end

Sec. 2.

new text begin [604.195] CIVIL ACTION; JUDGMENT RELATED TO PROVISION OR
RECEIPT OF REPRODUCTIVE HEALTH CARE SERVICES.
new text end

new text begin Subdivision 1. new text end

new text begin Definition. new text end

new text begin For the purposes of this section, "reproductive health care
services" means all medical, surgical, counseling, or referral services relating to the human
reproductive system, including but not limited to services related to pregnancy, contraception,
or the termination of a pregnancy.
new text end

new text begin Subd. 2. new text end

new text begin Civil action. new text end

new text begin Except as provided in subdivision 3, a person against whom a
judgment is entered pursuant to the laws of any other state based on the alleged provision,
receipt, assistance in the provision or receipt, or material support in the provision or receipt
of reproductive health care services that are permitted in this state may bring an action
against the person who brought the action leading to that judgment or who sought to enforce
that judgment for:
new text end

new text begin (1) actual damages in the amount of the judgment in the other state;
new text end

new text begin (2) costs and reasonable attorney fees incurred in defending the action that resulted in
the judgment in the other state; and
new text end

new text begin (3) costs and reasonable attorney fees incurred to bring an action under this section.
new text end

new text begin Subd. 3. new text end

new text begin Exceptions. new text end

new text begin This section does not apply to judgments arising from:
new text end

new text begin (1) an action in tort, contract, or statute for which a similar claim would exist under the
laws of this state brought by a patient who received the reproductive health care services
upon which the original action was based or by the patient's legal representative or another
person for damages suffered by the patient or other person; or
new text end

new text begin (2) an action in contract for which a similar claim would exist under the laws of this
state brought by a party with a contractual relationship with the person against whom the
judgment is entered in another state.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022, and applies to judgments
entered on or after that date.
new text end