SF 3382

as introduced - 90th Legislature (2017 - 2018) Posted on 03/16/2018 08:24am

A bill for an act
relating to health; prohibiting abortions of unborn children; establishing criminal
penalties; amending Minnesota Statutes 2016, sections 62Q.145; 148.261,
subdivision 1; 609.269; proposing coding for new law in Minnesota Statutes,
chapter 145; repealing Minnesota Statutes 2016, section 145.412.

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

Section 1.

Minnesota Statutes 2016, section 62Q.145, is amended to read:

62Q.145 ABORTION AND SCOPE OF PRACTICE.

Health plan company policies related to scope of practice for allied independent health
providers as defined in section 62Q.095, subdivision 5, midlevel practitioners as defined in
section 144.1501, subdivision 1, and other nonphysician health care professionals must
comply with the requirements governing the performance of abortions in section deleted text begin 145.412,
subdivision 1 deleted text end new text begin 145.417 new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2018, and applies to policies
offered, sold, issued, or renewed on or after that date.
new text end

Sec. 2.

new text begin [145.417] ABORTION OF UNBORN CHILD PROHIBITED.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) The definitions in this subdivision apply to this section.
new text end

new text begin (b) "Abortion" means the use or prescription of any instrument, medicine, drug, or other
substance or device with the intent to terminate a clinically diagnosable pregnancy for
reasons other than to increase the probability of a live birth, preserve the life or health of
the unborn child, terminate an ectopic pregnancy, or remove a deceased unborn child who
did not die as a result of an intentional, knowing, or reckless action to terminate a pregnancy.
new text end

new text begin (c) "Fertilization" means that point in time when a male human sperm penetrates the
zona pellucida of a female human ovum.
new text end

new text begin (d) "Pregnant" or "pregnancy" means the human female reproductive condition of having
a living unborn child within her body throughout the entire embryonic and fetal ages of the
unborn child from fertilization to birth.
new text end

new text begin (e) "Unborn child" means an individual living member of the species Homo sapiens
from fertilization until birth.
new text end

new text begin Subd. 2. new text end

new text begin Abortion of an unborn child prohibited. new text end

new text begin A person shall not knowingly:
new text end

new text begin (1) administer to, prescribe for, procure for, or sell to a pregnant mother any medicine,
drug, or other substance with the specific intent of causing an abortion; or
new text end

new text begin (2) use or employ any instrument or procedure upon a pregnant mother with the specific
intent of causing an abortion.
new text end

new text begin Subd. 3. new text end

new text begin Certain conduct not prohibited. new text end

new text begin (a) It is not a violation of subdivision 2 for
a health care provider to:
new text end

new text begin (1) perform a medical procedure designed or intended to prevent the death of a pregnant
mother, provided the provider makes reasonable medical efforts to preserve both the life of
the mother and the life of her unborn child in a manner consistent with conventional medical
practice; or
new text end

new text begin (2) provide medical treatment, including chemotherapy and the termination of ectopic
pregnancies, to a pregnant mother that results in the accidental or unintentional injury to or
death of her unborn child.
new text end

new text begin (b) A pregnant mother on whom an abortion is performed or attempted is not guilty of
violating subdivision 2.
new text end

new text begin Subd. 4. new text end

new text begin Contraceptives. new text end

new text begin Nothing in this section shall be construed to prohibit the sale,
use, prescription, or administration of a contraceptive measure, device, drug, or chemical.
new text end

new text begin Subd. 5. new text end

new text begin Penalty. new text end

new text begin A person who performs an abortion in violation of this section is guilty
of a felony.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2018, and applies to crimes
committed on or after that date.
new text end

Sec. 3.

Minnesota Statutes 2016, section 148.261, subdivision 1, is amended to read:

Subdivision 1.

Grounds listed.

The board may deny, revoke, suspend, limit, or condition
the license and registration of any person to practice advanced practice, professional, or
practical nursing under sections 148.171 to 148.285, or to otherwise discipline a licensee
or applicant as described in section 148.262. The following are grounds for disciplinary
action:

(1) Failure to demonstrate the qualifications or satisfy the requirements for a license
contained in sections 148.171 to 148.285 or rules of the board. In the case of a person
applying for a license, the burden of proof is upon the applicant to demonstrate the
qualifications or satisfaction of the requirements.

(2) Employing fraud or deceit in procuring or attempting to procure a permit, license,
or registration certificate to practice advanced practice, professional, or practical nursing
or attempting to subvert the licensing examination process. Conduct that subverts or attempts
to subvert the licensing examination process includes, but is not limited to:

(i) conduct that violates the security of the examination materials, such as removing
examination materials from the examination room or having unauthorized possession of
any portion of a future, current, or previously administered licensing examination;

(ii) conduct that violates the standard of test administration, such as communicating with
another examinee during administration of the examination, copying another examinee's
answers, permitting another examinee to copy one's answers, or possessing unauthorized
materials; or

(iii) impersonating an examinee or permitting an impersonator to take the examination
on one's own behalf.

(3) Conviction of a felony or gross misdemeanor reasonably related to the practice of
professional, advanced practice registered, or practical nursing. Conviction as used in this
subdivision includes a conviction of an offense that if committed in this state would be
considered a felony or gross misdemeanor without regard to its designation elsewhere, or
a criminal proceeding where a finding or verdict of guilt is made or returned but the
adjudication of guilt is either withheld or not entered.

(4) Revocation, suspension, limitation, conditioning, or other disciplinary action against
the person's professional or practical nursing license or advanced practice registered nursing
credential, in another state, territory, or country; failure to report to the board that charges
regarding the person's nursing license or other credential are pending in another state,
territory, or country; or having been refused a license or other credential by another state,
territory, or country.

(5) Failure to or inability to perform professional or practical nursing as defined in section
148.171, subdivision 14 or 15, with reasonable skill and safety, including failure of a
registered nurse to supervise or a licensed practical nurse to monitor adequately the
performance of acts by any person working at the nurse's direction.

(6) Engaging in unprofessional conduct, including, but not limited to, a departure from
or failure to conform to board rules of professional or practical nursing practice that interpret
the statutory definition of professional or practical nursing as well as provide criteria for
violations of the statutes, or, if no rule exists, to the minimal standards of acceptable and
prevailing professional or practical nursing practice, or any nursing practice that may create
unnecessary danger to a patient's life, health, or safety. Actual injury to a patient need not
be established under this clause.

(7) Failure of an advanced practice registered nurse to practice with reasonable skill and
safety or departure from or failure to conform to standards of acceptable and prevailing
advanced practice registered nursing.

(8) Delegating or accepting the delegation of a nursing function or a prescribed health
care function when the delegation or acceptance could reasonably be expected to result in
unsafe or ineffective patient care.

(9) Actual or potential inability to practice nursing with reasonable skill and safety to
patients by reason of illness, use of alcohol, drugs, chemicals, or any other material, or as
a result of any mental or physical condition.

(10) Adjudication as mentally incompetent, mentally ill, a chemically dependent person,
or a person dangerous to the public by a court of competent jurisdiction, within or without
this state.

(11) Engaging in any unethical conduct, including, but not limited to, conduct likely to
deceive, defraud, or harm the public, or demonstrating a willful or careless disregard for
the health, welfare, or safety of a patient. Actual injury need not be established under this
clause.

(12) Engaging in conduct with a patient that is sexual or may reasonably be interpreted
by the patient as sexual, or in any verbal behavior that is seductive or sexually demeaning
to a patient, or engaging in sexual exploitation of a patient or former patient.

(13) Obtaining money, property, or services from a patient, other than reasonable fees
for services provided to the patient, through the use of undue influence, harassment, duress,
deception, or fraud.

(14) Revealing a privileged communication from or relating to a patient except when
otherwise required or permitted by law.

(15) Engaging in abusive or fraudulent billing practices, including violations of federal
Medicare and Medicaid laws or state medical assistance laws.

(16) Improper management of patient records, including failure to maintain adequate
patient records, to comply with a patient's request made pursuant to sections 144.291 to
144.298, or to furnish a patient record or report required by law.

(17) Knowingly aiding, assisting, advising, or allowing an unlicensed person to engage
in the unlawful practice of advanced practice, professional, or practical nursing.

(18) Violating a rule adopted by the board, an order of the board, or a state or federal
law relating to the practice of advanced practice, professional, or practical nursing, or a
state or federal narcotics or controlled substance law.

(19) Knowingly providing false or misleading information that is directly related to the
care of that patient unless done for an accepted therapeutic purpose such as the administration
of a placebo.

(20) Aiding suicide or aiding attempted suicide in violation of section 609.215 as
established by any of the following:

(i) a copy of the record of criminal conviction or plea of guilty for a felony in violation
of section 609.215, subdivision 1 or 2;

(ii) a copy of the record of a judgment of contempt of court for violating an injunction
issued under section 609.215, subdivision 4;

(iii) a copy of the record of a judgment assessing damages under section 609.215,
subdivision 5; or

(iv) a finding by the board that the person violated section 609.215, subdivision 1 or 2.
The board shall investigate any complaint of a violation of section 609.215, subdivision 1
or 2.

(21) Practicing outside the scope of practice authorized by section 148.171, subdivision
5, 10, 11, 13, 14, 15, or 21.

(22) Making a false statement or knowingly providing false information to the board,
failing to make reports as required by section 148.263, or failing to cooperate with an
investigation of the board as required by section 148.265.

(23) Engaging in false, fraudulent, deceptive, or misleading advertising.

(24) Failure to inform the board of the person's certification or recertification status as
a certified registered nurse anesthetist, certified nurse-midwife, certified nurse practitioner,
or certified clinical nurse specialist.

(25) Engaging in clinical nurse specialist practice, nurse-midwife practice, nurse
practitioner practice, or registered nurse anesthetist practice without a license and current
certification or recertification by a national nurse certification organization acceptable to
the board.

(26) Engaging in conduct that is prohibited under section deleted text begin 145.412 deleted text end new text begin 145.417 new text end .

(27) Failing to report employment to the board as required by section 148.211, subdivision
2a, or knowingly aiding, assisting, advising, or allowing a person to fail to report as required
by section 148.211, subdivision 2a.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2018.
new text end

Sec. 4.

Minnesota Statutes 2016, section 609.269, is amended to read:

609.269 EXCEPTION.

Sections 609.2661 to 609.268 do not apply to any act described in section deleted text begin 145.412 deleted text end new text begin
145.417 new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2018.
new text end

Sec. 5. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2016, section 145.412, new text end new text begin is repealed effective August 1, 2018.
new text end

APPENDIX

Repealed Minnesota Statutes: 18-5581

145.412 CRIMINAL ACTS.

Subdivision 1.

Requirements.

It shall be unlawful to willfully perform an abortion unless the abortion is performed:

(1) by a physician licensed to practice medicine pursuant to chapter 147, or a physician in training under the supervision of a licensed physician;

(2) in a hospital or abortion facility if the abortion is performed after the first trimester;

(3) in a manner consistent with the lawful rules promulgated by the state commissioner of health; and

(4) with the consent of the woman submitting to the abortion after a full explanation of the procedure and effect of the abortion.

Subd. 2.

Unconsciousness; lifesaving.

It shall be unlawful to perform an abortion upon a woman who is unconscious except if the woman has been rendered unconscious for the purpose of having an abortion or if the abortion is necessary to save the life of the woman.

Subd. 3.

Viability.

It shall be unlawful to perform an abortion when the fetus is potentially viable unless:

(1) the abortion is performed in a hospital;

(2) the attending physician certifies in writing that in the physician's best medical judgment the abortion is necessary to preserve the life or health of the pregnant woman; and

(3) to the extent consistent with sound medical practice the abortion is performed under circumstances which will reasonably assure the live birth and survival of the fetus.

Subd. 4.

Penalty.

A person who performs an abortion in violation of this section is guilty of a felony.