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:
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This chapter shall be known and may be cited as the
"Reproductive Privacy Act."
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The legislature finds that every individual possesses a
fundamental right of privacy with respect to personal
reproductive decisions. The legislature further finds that:
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(1) every individual has the fundamental right to choose or
refuse birth control;
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(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
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(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.
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The definitions in this
section shall apply to this chapter.
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"Abortion" means any medical
treatment intended to induce the termination of a pregnancy
except for the purpose of producing a live birth.
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"Pregnancy" means the human
reproductive process, beginning with the implantation of an
embryo.
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"State" means the state of Minnesota,
and every county, statutory or home rule charter city, or town
in this state.
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"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.
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The state
may not:
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(1) deny or interfere with a woman's right to choose:
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(i) to bear a child;
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(ii) to terminate a pregnancy before viability; or
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(iii) to terminate a pregnancy after viability when
termination is necessary to protect the life or health of the
woman; or
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(2) discriminate against the exercise of rights set forth
in clause (1) in the regulation or provision of benefits,
facilities, services, or information.
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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.
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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.
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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.
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