SF 3561

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/01/2022 09:25am

A bill for an act
relating to public health; defining certain terms; providing for certain penalties
and remedies; permitting certain persons to maintain an action; providing for
injunctive relief; authorizing the provision of attorney fees in certain circumstances;
prohibiting certain persons to be the subject of specified actions; providing for
anonymity of specified party; providing for severability; proposing coding for new
law in Minnesota Statutes, chapter 145.

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

Section 1.

new text begin [145.418] REGULATION OF ABORTIONS INDUCED BY A DRUG OR
CHEMICAL.
new text end

new text begin Subdivision 1. 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) "Abortion" means the use or prescription of any instrument, medicine, drug, or any
other substance or device to:
new text end

new text begin (1) intentionally kill the unborn child of a woman known to be pregnant; or
new text end

new text begin (2) intentionally terminate the pregnancy of a woman known to be pregnant, with an
intention other than:
new text end

new text begin (i) after viability to produce a live birth and preserve the life and health of the child born
alive; or
new text end

new text begin (ii) to remove a dead unborn child.
new text end

new text begin (c) "Attempt to perform or induce an abortion" means an act, or an omission of a
statutorily required act, that, under the circumstances as the actor believes them to be,
constitutes a substantial step in a course of conduct planned to culminate in the performance
or induction of an abortion in violation of this section.
new text end

new text begin (d) "Physician" means a doctor of medicine or osteopathic medicine licensed to practice
in this state under chapter 147.
new text end

new text begin Subd. 2. new text end

new text begin Requirements. new text end

new text begin (a) When RU-486 (mifepristone) or any drug or chemical is
used for the purpose of inducing an abortion, the drug or chemical must be administered in
the same room and in the physical presence of the physician who prescribed, dispensed, or
otherwise provided the drug or chemical to the patient.
new text end

new text begin (b) The physician inducing the abortion, or a person acting on behalf of the physician
inducing the abortion, shall make all reasonable efforts to ensure that the patient returns 12
to 18 days after the administration or use of RU-486 (mifepristone) or any drug or chemical
for a follow-up visit so that the physician can confirm that the pregnancy has been terminated
and assess the patient's medical condition. A brief description of the efforts made to comply
with this paragraph, including the date, time, and identification by name of the person
making such efforts, shall be included in the patient's medical record.
new text end

new text begin Subd. 3. new text end

new text begin Criminal penalties. new text end

new text begin (a) Any person who knowingly or recklessly performs or
attempts to perform an abortion in violation of this section shall be guilty of a felony.
new text end

new text begin (b) No penalty shall be assessed against the female upon whom the abortion is performed
or attempted to be performed.
new text end

new text begin Subd. 4. new text end

new text begin Civil penalties. new text end

new text begin (a) Any female upon whom an abortion has been performed,
the father of the unborn child who was the subject of the abortion if the father was married
to the woman who received the abortion at the time the abortion was performed, or a maternal
grandparent of the unborn child, may maintain an action against the person who performed
the abortion in knowing or reckless violation of this section for actual and punitive damages.
Any female upon whom an abortion has been attempted in knowing or reckless violation
of this section may maintain an action against the person who attempted to perform the
abortion for actual and punitive damages.
new text end

new text begin (b) A cause of action for injunctive relief against any person who has knowingly or
recklessly violated this section may be maintained by the woman upon whom an abortion
was performed or attempted to be performed in violation of this section; by any person who
is the spouse, parent, sibling, or guardian of, or a current or former licensed health care
provider of, the woman upon whom an abortion has been performed or attempted to be
performed in violation of this section; by a county attorney with appropriate jurisdiction;
or by the Attorney General. The injunction shall prevent the abortion provider from
performing further abortions in violation of this section in this state. A cause of action may
not be maintained by a plaintiff if the pregnancy resulted from the plaintiff's criminal conduct.
new text end

new text begin (c) No pregnant female who obtains or possesses RU-486 (mifepristone) or any drug or
chemical for the purpose of inducing an abortion to terminate her own pregnancy shall be
subject to any action brought under this subdivision.
new text end

new text begin Subd. 5. new text end

new text begin Attorney fees. new text end

new text begin If a judgment is rendered in favor of the plaintiff in any action
described in subdivision 4, the court shall also render judgment for a reasonable attorney
fee in favor of the plaintiff against the defendant. If a judgment is rendered in favor of the
defendant and the court finds that the plaintiff's suit was frivolous and brought in bad faith,
the court shall also render judgment for a reasonable attorney fee in favor of the defendant
against the plaintiff.
new text end

new text begin Subd. 6. new text end

new text begin Protection of privacy. new text end

new text begin (a) In every civil or criminal proceeding or action
brought under this section, the court shall rule whether the anonymity of any female upon
whom an abortion has been performed or attempted shall be preserved from public disclosure
if she does not give her consent to such disclosure. The court, upon motion or sua sponte,
shall make such a ruling and, upon determining that her anonymity should be preserved,
shall issue orders to the parties, witnesses, and counsel and shall direct the sealing of the
record and exclusion of individuals from courtrooms or hearing rooms to the extent necessary
to safeguard her identity from public disclosure. Each such order shall be accompanied by
specific written findings explaining why the anonymity of the female should be preserved
from public disclosure, 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.
new text end

new text begin (b) In the absence of written consent of the female upon whom an abortion has been
performed or attempted, anyone, other than a public official, who brings an action under
subdivision 4 shall do so under a pseudonym. Nothing in this subdivision shall not be
construed to conceal the identity of the plaintiff or of witnesses for the defendant.
new text end

new text begin Subd. 7. 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 thereof to any person or circumstance
is found to be unconstitutional, the same is hereby declared to be severable and the balance
of this section shall remain effective notwithstanding such unconstitutionality. The legislature
hereby declares that it would have passed this section, and each provision, subdivision,
sentence, clause, phrase, or word thereof, irrespective of the fact that any one or more
provision, subdivision, sentence, clause, phrase, or word be declared unconstitutional.
new text end