SF 85

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to health; codifying certain case law 
  1.3             regarding abortion; amending Minnesota Statutes 1994, 
  1.4             section 609.269; proposing coding for new law in 
  1.5             Minnesota Statutes, chapter 145; repealing Minnesota 
  1.6             Statutes 1994, section 145.412.  
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  [PREAMBLE; POLICY STATEMENT.] 
  1.9      This act is enacted by the legislature of the state of 
  1.10  Minnesota in order to protect the right of the women of 
  1.11  Minnesota to choose a safe, legal abortion.  
  1.12     Sec. 2.  [145.418] [CONDITIONS UNDER WHICH ABORTION 
  1.13  PERMITTED.] 
  1.14     Subdivision 1.  [ABORTION; WHEN ALLOWED.] An abortion is 
  1.15  permitted in this state until viability if it is performed by a 
  1.16  physician licensed to practice in this state or by a physician 
  1.17  in the employ of the government of the United States: 
  1.18     (1) who exercises the best clinical judgment in light of 
  1.19  all attendant circumstances, including the accepted professional 
  1.20  standards of medical practice in determining whether to perform 
  1.21  an abortion; and 
  1.22     (2) who performs the abortion in a manner consistent with 
  1.23  accepted medical practices and procedures in the community. 
  1.24     Subd. 2.  [ABORTION; WHEN PROHIBITED.] Abortion is 
  1.25  prohibited after viability unless, based upon the physician's 
  1.26  best clinical judgment, the fetus has a severe fetal anomaly or 
  2.1   there is a substantial risk that continuance of the pregnancy 
  2.2   would endanger the life of the patient or would gravely impair 
  2.3   the physical or mental health of the patient. 
  2.4      Subd. 3.  [ABORTIONS PERFORMED AFTER VIABILITY.] Before 
  2.5   performing an abortion after viability, the attending physician 
  2.6   shall enter in the permanent records of the patient the facts 
  2.7   upon which the physician based the physician's best clinical 
  2.8   judgment that the fetus has a severe fetal anomaly or there is a 
  2.9   substantial risk that continuance of the pregnancy would 
  2.10  endanger the life of the patient or would gravely impair the 
  2.11  physical or mental health of the patient. 
  2.12     Sec. 3.  Minnesota Statutes 1994, section 609.269, is 
  2.13  amended to read: 
  2.14     609.269 [EXCEPTION.] 
  2.15     Sections 609.2661 to 609.268 do not apply to any act 
  2.16  described in section 145.412 145.418. 
  2.17     Sec. 4.  [REPEALER.] 
  2.18     Minnesota Statutes 1994, section 145.412, is repealed.