SF 2766

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to health; establishing a right to 
  1.3             reproductive privacy; proposing coding for new law as 
  1.4             Minnesota Statutes, chapter 145D.  
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  [145D.01] [SHORT TITLE.] 
  1.7      This chapter shall be known and may be cited as the 
  1.8   "Reproductive Privacy Act." 
  1.9      Sec. 2.  [145D.03] [FINDINGS.] 
  1.10     The legislature finds that every individual possesses a 
  1.11  fundamental right of privacy with respect to personal 
  1.12  reproductive decisions.  The legislature further finds that:  
  1.13     (1) every individual has the fundamental right to choose or 
  1.14  refuse birth control; 
  1.15     (2) every woman has the fundamental right to choose to bear 
  1.16  a child or to choose and obtain an abortion before fetal 
  1.17  viability or to terminate the pregnancy after fetal viability 
  1.18  when necessary to protect the life or health of the woman; and 
  1.19     (3) the state shall not deny or interfere with a woman's 
  1.20  fundamental right to choose to bear a child or to choose to 
  1.21  obtain an abortion.  
  1.22     Sec. 3.  [145D.05] [DEFINITIONS.] 
  1.23     Subdivision 1.  [APPLICABILITY.] The definitions in this 
  1.24  section shall apply to this chapter.  
  1.25     Subd. 2.  [ABORTION.] "Abortion" means any medical 
  2.1   treatment intended to induce the termination of a pregnancy 
  2.2   except for the purpose of producing a live birth.  
  2.3      Subd. 3.  [PREGNANCY.] "Pregnancy" means the human 
  2.4   reproductive process, beginning with the implantation of an 
  2.5   embryo.  
  2.6      Subd. 4.  [STATE.] "State" means the state of Minnesota, 
  2.7   and every county, statutory or home rule charter city, or town 
  2.8   in this state.  
  2.9      Subd. 5.  [VIABILITY.] "Viability" means the point in a 
  2.10  pregnancy when, in the good-faith medical judgment of a 
  2.11  physician, on the particular facts of the case before the 
  2.12  physician, there is a reasonable likelihood that the fetus will 
  2.13  survive outside the uterus without the application of 
  2.14  extraordinary medical measures.  
  2.15     Sec. 4.  [145D.07] [INTERFERENCE WITH REPRODUCTIVE PRIVACY 
  2.16  PROHIBITED.] 
  2.17     Subdivision 1.  [PROHIBITION OF INTERFERENCE.] The state 
  2.18  may not: 
  2.19     (1) deny or interfere with a woman's right to choose: 
  2.20     (i) to bear a child; 
  2.21     (ii) to terminate a pregnancy before viability; or 
  2.22     (iii) to terminate a pregnancy after viability when 
  2.23  termination is necessary to protect the life or health of the 
  2.24  woman; or 
  2.25     (2) discriminate against the exercise of rights set forth 
  2.26  in clause (1) in the regulation or provision of benefits, 
  2.27  facilities, services, or information.  
  2.28     Subd. 2.  [CIVIL ACTION.] An individual aggrieved by a 
  2.29  violation of this section may obtain appropriate relief in a 
  2.30  civil action.  The state waives immunity from suit for these 
  2.31  claims.  
  2.32     Sec. 5.  [145D.09] [SEVERABILITY.] 
  2.33     If any provision of this act, or the application of the 
  2.34  provision to any person or circumstance, is held to be 
  2.35  unconstitutional, the remainder of this act, or the application 
  2.36  of the provision to persons or circumstances other than those as 
  3.1   to which the provision is held to be unconstitutional, shall not 
  3.2   be affected thereby.  
  3.3      Sec. 6.  [145D.11] [RULE OF CONSTRUCTION.] 
  3.4      This chapter applies to every state and local statute, 
  3.5   ordinance, regulation, administrative order, decision, policy, 
  3.6   practice, or other action enacted, adopted, or implemented 
  3.7   before, on, or after the effective date of this act.