SF 2305

as introduced - 91st Legislature (2019 - 2020) Posted on 03/11/2019 04:28pm

A bill for an act
relating to health; making changes to born alive infant protections; amending
Minnesota Statutes 2018, section 145.423, subdivisions 1, 5, by adding subdivisions.

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

Section 1.

Minnesota Statutes 2018, section 145.423, subdivision 1, is amended to read:

Subdivision 1.

Recognition deleted text begin ; medical care deleted text end .

A born alive infant as a result of an abortion
shall be fully recognized as a human person, and accorded immediate protection under the
law. deleted text begin All reasonable measures consistent with good medical practice, including the
compilation of appropriate medical records, shall be taken by the responsible medical
personnel to preserve the life and health of the born alive infant.
deleted text end

Sec. 2.

Minnesota Statutes 2018, section 145.423, is amended by adding a subdivision to
read:

new text begin Subd. 1a. new text end

new text begin Medical care. new text end

new text begin (a) All reasonable measures consistent with good medical
practice, including the compilation of appropriate medical records, shall be taken by the
responsible medical personnel to preserve the life and health of the born alive infant.
new text end

new text begin (b) Any health care practitioner present at the time the child is born alive shall exercise
the same degree of professional skill, care, and diligence to preserve the life and health of
the child as a reasonably diligent and conscientious health care practitioner would render
to any other child born alive at the same gestational age.
new text end

new text begin (c) Following the exercise of skill, care, and diligence required under paragraph (a), the
health care practitioner shall ensure that the child born alive is immediately transported and
admitted to a hospital.
new text end

Sec. 3.

Minnesota Statutes 2018, section 145.423, is amended by adding a subdivision to
read:

new text begin Subd. 1b. new text end

new text begin Mandatory reporting of violations. new text end

new text begin A health care practitioner or any employee
of a hospital, a physician's office, or an abortion clinic who has knowledge of a failure to
comply with the requirements of subdivision 1a shall immediately report the failure to the
commissioner of health or a law enforcement agency.
new text end

Sec. 4.

Minnesota Statutes 2018, section 145.423, subdivision 5, is amended to read:

Subd. 5.

Civil and disciplinary actions.

(a) Any person upon whom an abortion has
been performed, or the parent or guardian of the mother if the mother is a minor, and the
abortion results in the infant having been born alive, may maintain an action for death of
or injury to the born alive infant against the person who performed the abortion if the death
or injury was a result of simple negligence, gross negligence, wantonness, willfulness,
intentional conduct, or another violation of the legal standard of care.

(b) Any responsible medical personnel that does not take all reasonable measures
consistent with good medical practice to preserve the life and health of the born alive infant,
as required by subdivision deleted text begin 1 deleted text end new text begin 1a new text end , may be subject to the suspension or revocation of that
person's professional license by the professional board with authority over that person. Any
person who has performed an abortion and against whom judgment has been rendered
pursuant to paragraph (a) shall be subject to an automatic suspension of the person's
professional license for at least one year and said license shall be reinstated only after the
person's professional board requires compliance with this section by all board licensees.

(c) Nothing in this subdivision shall be construed to hold the mother of the born alive
infant criminally or civilly liable for the actions of a physician, nurse, or other licensed
health care provider in violation of this section to which the mother did not give her consent.