1.1                          A bill for an act 
  1.2             relating to health; prohibiting persons from advising 
  1.3             pregnant women to obtain abortions based on certain 
  1.4             characteristics of the parents or the unborn child; 
  1.5             providing criminal penalties; proposing coding for new 
  1.6             law in Minnesota Statutes, chapter 145. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  [145.417] [ADVISING FOR ABORTIONS.] 
  1.9      Subdivision 1.  [DEFINITIONS.] (a) For purposes of this 
  1.10  section, the following terms have the meanings given to them. 
  1.11     (b) "Disability": 
  1.12     (1) as used in subdivision 2, clause (1), has the meaning 
  1.13  given in section 363.01, subdivision 13; and 
  1.14     (2) as used in paragraph (e); subdivision 2, clause (2); 
  1.15  and subdivision 3, means any condition or characteristic that 
  1.16  (i) will cause a physical, sensory, or mental impairment to the 
  1.17  child after birth that would materially limit one or more of the 
  1.18  child's major life activities, or (ii) will cause the child 
  1.19  after birth to be regarded as having such an impairment. 
  1.20     (c) "Health care provider" means any natural person who 
  1.21  furnishes health care services and is licensed or otherwise 
  1.22  authorized to furnish the services by the state of Minnesota. 
  1.23     (d) "National origin" has the meaning given in section 
  1.24  363.01, subdivision 25. 
  1.25     (e) "Physical makeup" means (1) any external characteristic 
  1.26  that is not a disability and that will be visually observable 
  2.1   after birth, including, but not limited to, physical size, hair 
  2.2   color, or eye color; or (2) any internal characteristic that is 
  2.3   not a disability and that may be detected by a clinical or 
  2.4   laboratory test or diagnostic technique, including, but not 
  2.5   limited to, by genetic testing. 
  2.6      Subd. 2.  [ADVISING FOR ABORTIONS BASED ON CERTAIN 
  2.7   CHARACTERISTICS PROHIBITED.] All health care providers and their 
  2.8   agents and employees are prohibited from advising a pregnant 
  2.9   woman to obtain an abortion based on: 
  2.10     (1) the race, color, religion, national origin, disability, 
  2.11  or economic status of either parent of the unborn child; or 
  2.12     (2) except as provided in subdivision 3, the sex, race, 
  2.13  color, physical makeup, or disability of the unborn child. 
  2.14     Subd. 3.  [EXCEPTION.] A health care provider and the 
  2.15  provider's agents and employees may advise a pregnant woman to 
  2.16  obtain an abortion based on the sex, race, color, physical 
  2.17  makeup, or disability of the unborn child if, in a reasonable 
  2.18  degree of medical certainty, the unborn child's sex, race, 
  2.19  color, physical makeup, or disability increases the risk to the 
  2.20  woman's life during pregnancy and delivery such that continued 
  2.21  pregnancy and delivery constitutes a greater risk to the woman's 
  2.22  life than the risk to the woman's life associated with obtaining 
  2.23  a cesarean section. 
  2.24     Subd. 4.  [PENALTY.] Any person who violates subdivision 2 
  2.25  is guilty of a felony and may be sentenced to imprisonment for 
  2.26  not more than two years or to payment of a fine of not more than 
  2.27  $10,000 or both.