Minnesota Legislature
SF 3518
as introduced - 94th Legislature (2025 - 2026) Posted on 05/14/2025 09:34am
Current Version - as introduced
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A bill for an act
relating to health; modifying care requirements for an infant who is born alive;
adding recording and reporting requirements related to abortion data; modifying
the definition of person; amending Minnesota Statutes 2024, sections 145.4131,
subdivision 1; 145.423; 645.44, subdivision 7.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2024, section 145.4131, subdivision 1, is amended to read:
Subdivision 1.
Forms.
(a) Within 90 days of July 1, 1998, the commissioner shall prepare
a reporting form for use by physicians or facilities performing abortions. A copy of this
section shall be attached to the form. A physician or facility performing an abortion shall
obtain a form from the commissioner.
(b) The form shall require the following information:
(1) the number of abortions performed by the physician in the previous calendar year,
reported by month;
(2) the method used for each abortion;
(3) the approximate gestational age expressed in one of the following increments:
(i) less than nine weeks;
(ii) nine to ten weeks;
(iii) 11 to 12 weeks;
(iv) 13 to 15 weeks;
(v) 16 to 20 weeks;
(vi) 21 to 24 weeks;
(vii) 25 to 30 weeks;
(viii) 31 to 36 weeks; or
(ix) 37 weeks to term;
(4) the age of the woman at the time the abortion was performed;
(5) complications, if any, for each abortion and for the aftermath of each abortion. Space
for a description of any complications shall be available on the form;
(6) the medical specialty of the physician performing the abortion; deleted text begin and
deleted text end
(7) if the abortion was performed via telehealth, the facility code for the patient and the
facility code for the physiciandeleted text begin .deleted text end new text begin ; and
new text end
new text begin
(8) whether the abortion resulted in a born-alive infant, as specified in section 145.423,
subdivision 1, and:
new text end
new text begin
(i) the estimated gestational age at which the born-alive infant was born;
new text end
new text begin
(ii) any medical actions taken to preserve the life of the born-alive infant;
new text end
new text begin
(iii) whether the born-alive infant survived; and
new text end
new text begin
(iv) the status of the born-alive infant, should the infant survive, if known.
new text end
Sec. 2.
Minnesota Statutes 2024, section 145.423, is amended to read:
145.423 deleted text begin RECOGNITION OF INFANT WHO IS BORN ALIVEdeleted text end new text begin ABORTION; LIVE
BIRTHSnew text end .
Subdivision 1.
Recognitiondeleted text begin ; caredeleted text end .
An infant who is born alivenew text begin as a result of an abortionnew text end
shall be fully recognized as a human persondeleted text begin , and accorded immediate protection under the
law. All reasonable measures consistent with good medical practice, including the
compilation of appropriate medical records, shall be taken by the responsible medical
personnel to care for the infant who is born alivedeleted text end new text begin for whom a certificate of live birth and
appropriate medical records shall be compiled and recorded by the responsible medical
personnelnew text end .
new text begin Subd. 1a. new text end
new text begin Definitions. new text end
new text begin
(a) For purposes of this section, the following terms have the
meanings given.
new text end
new text begin
(b) "Comfort care" means the provision of palliative care that in reasonable medical
judgment will meet the hygiene needs of the infant and provide the treatment to control
pain and other symptoms to ensure the infant is as comfortable as possible.
new text end
new text begin
(c) "A condition incompatible with sustained life" means a profound and irremediable
congenital or chromosomal anomaly or other condition that in reasonable medical judgment
will result in the imminent death of the infant, regardless of the provision of measures to
preserve the life and health of the infant.
new text end
new text begin
(d) "Measures to preserve the health and life of the infant" means the provision of
treatment, including nutrition, hydration, and medication that in reasonable medical judgment
is most likely to be effective in ameliorating or correcting the infant's life-threatening and
health-harming conditions.
new text end
new text begin
(e) "Reasonable medical judgment" means a medical judgment made by a reasonably
prudent physician knowledgeable about the case and the treatment possibilities with respect
to the medical conditions involved.
new text end
new text begin
(f) "Perinatal hospice" means comprehensive support to the infant, the parent or parents,
and the family from the time of diagnosis through the time of death of the born-alive infant
and through the postpartum period. Supportive care may include maternal-fetal medical
specialists, obstetricians, neonatologists, anesthesia specialists, clergy, social workers, and
specialty nurses.
new text end
new text begin
(g) "Born alive," with respect to a human being, means the complete expulsion or
extraction from the mother, at any stage of development, who, after the expulsion or
extraction, breathes or has a beating heart, pulsation of the umbilical cord, or definite
movement of voluntary muscles, regardless of whether the umbilical cord has been cut and
regardless of whether the expulsion or extraction occurs as a result of a natural or induced
labor, cesarean section, or induced abortion.
new text end
new text begin
(h) Nothing in this section shall be construed to affirm, deny, expand, or contract any
legal status or legal right applicable to any human being at any point prior to being born
alive, as defined in this section.
new text end
new text begin Subd. 1b. new text end
new text begin Medical care. new text end
new text begin
When an infant is born alive as a result of an abortion, measures
must be taken to preserve the life and health of the infant, as defined in subdivision 1a,
paragraph (d), except that when an infant who is born alive as a result of an abortion is
diagnosed with a condition incompatible with sustained life as defined in subdivision 1a,
paragraph (c), those measures are not required but the requirements of subdivision 1d are
applicable and the infant must at minimum be provided with comfort care as defined in
subdivision 1a, paragraph (b).
new text end
new text begin Subd. 1c. new text end
new text begin Physician required. new text end
new text begin
When an abortion is performed after the 20th week of
gestational age, a physician other than the medical personnel performing the abortion must
be immediately accessible to take responsibility if an infant is born alive as a result of the
abortion and for complying with the requirements of subdivisions 1 and 1a.
new text end
new text begin Subd. 1d. new text end
new text begin Perinatal hospice. new text end
new text begin
(a) Whenever a mother is informed that her unborn infant
is diagnosed with a condition incompatible with sustained life as defined in subdivision 1a,
paragraph (c), the mother shall be informed by her attending physician or an agent of the
physician that perinatal hospice services are available and the mother must be given a copy
of the printed materials described in subdivision 1e. This information shall be provided at
least 72 hours before an abortion is performed on the unborn infant unless, in reasonable
medical judgment, an earlier abortion is necessary to preserve the life of, or to prevent severe
and long-lasting physical health damage to, the mother.
new text end
new text begin
(b) Whenever an unborn infant who was not previously diagnosed with a condition
incompatible with sustained life before birth is born alive as a result of an abortion and is
thereafter diagnosed with a condition incompatible with sustained life, the infant's mother
must be given that information and must be informed by her attending physician or an agent
of the physician that perinatal hospice services are available. The mother must be given a
copy of the printed materials described in subdivision 1e. The unborn infant shall be
transferred to the care of perinatal hospice services if the infant's mother decides to transfer
care.
new text end
new text begin Subd. 1e. new text end
new text begin Information about perinatal hospice to be compiled. new text end
new text begin
The commissioner
must publish, and update at least annually, geographically indexed materials describing
available public and private agencies and health care facilities that offer perinatal hospice
and palliative care. The materials must be easily understood and include a comprehensive
list of the agencies available, a description of the services they offer, and a description of
the manner in which they may be contacted. The commissioner must develop and maintain
a stable website that also provides this information. No individually identifiable information
regarding who uses the website shall be collected or maintained.
new text end
new text begin Subd. 1f. new text end
new text begin Death. new text end
new text begin
If a born-alive infant described in subdivision 1 dies after birth, the
body shall be disposed of in accordance with the provisions of section 145.1621.
new text end
new text begin Subd. 1g. new text end
new text begin Civil and disciplinary actions. new text end
new text begin
(a) Any person upon whom an abortion has
been performed, or the parent or guardian of a minor child upon whom an abortion has been
performed, where the abortion results in a born-alive infant may bring an action to recover
damages 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 negligence, gross negligence, wanton or
willful conduct, intentional conduct, or any other violation of the legal standard of care.
new text end
new text begin
(b) Any responsible medical personnel who do 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 1, 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 an action
under paragraph (a) is subject to an automatic suspension of the person's professional license
for at least one year and that license shall be reinstated only after the person's professional
board requires compliance with this section by all board licensees.
new text end
new text begin
(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.
new text end
new text begin Subd. 1h. new text end
new text begin Protection of privacy in court proceedings. new text end
new text begin
In every civil action brought
under this section, the court must determine whether any female upon whom an abortion
has been performed or attempted may be identified by initials or pseudonym pursuant to
the Minnesota Rules of Civil Procedure. If the court determines that the female may be
identified by initials or pseudonym, the court must notify the parties, witnesses, and counsel;
permit confidential filings; and exclude individuals from hearings to the extent necessary
to safeguard the female's identity from public disclosure. The court must issue a written
order with specific findings explaining why the female is entitled to identification by initials
or pseudonym, why the order is essential to that end, how the order is narrowly tailored to
serve that interest, and why no reasonable, less restrictive alternative exists. This subdivision
may not be construed to conceal the identity of the plaintiff or of the witnesses from the
defendant.
new text end
new text begin Subd. 1i. new text end
new text begin Life of the mother. new text end
new text begin
Nothing in this section prevents a health care provider
from taking action necessary to save the life of the mother.
new text end
new text begin Subd. 1j. new text end
new text begin Severability. new text end
new text begin
If any one or more provision, section, subdivision, sentence,
clause, phrase, or word of this section or the application of it to any person or circumstance
is found to be unconstitutional, it is declared to be severable and the remainder of this section
shall remain effective notwithstanding the unconstitutionality. The legislature intends that
it would have passed this section, and each provision, section, subdivision, sentence, clause,
phrase, or word regardless of the fact that any one provision, section, subdivision, sentence,
clause, phrase, or word is declared unconstitutional.
new text end
new text begin Subd. 1k. new text end
new text begin Short title. new text end
new text begin
This section may be cited as the "Born-Alive Infants Protection
Act."
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2025, and applies to causes
of action occurring on or after that date.
new text end
Sec. 3.
Minnesota Statutes 2024, section 645.44, subdivision 7, is amended to read:
Subd. 7.
Person.
"Person" may extend and be applied to bodies politic and corporate,
and to partnerships and other unincorporated associations.new text begin Person includes every infant
human being who is born alive at any stage of development.
new text end