SF 1912

as introduced - 87th Legislature (2011 - 2012) Posted on 03/19/2012 09:02am

A bill for an act
relating to health; requiring a prescribing physician be physically present when
certain abortion-inducing drugs are administered; providing for criminal penalty;
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 [145.4233] ABORTION REGULATION; PHYSICAL PRESENCE
OF PHYSICIAN REQUIRED.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin For purposes of this section, the following terms have
the meanings given:
new text end

new text begin (1) "Abortion" means the use or prescription of any instrument, medicine, drug,
or any other substance or device to terminate the pregnancy of a woman known to be
pregnant with an intention other than to increase the probability of a live birth, to preserve
the life or health of the child after live birth, or to remove a dead unborn child who died as
the result of natural causes in utero, accidental trauma, or a criminal assault on the pregnant
woman or her unborn child, and which causes the premature termination of the pregnancy.
new text end

new text begin (2) "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 this state in violation of this act.
new text end

new text begin (3) "Physician" means a person licensed to practice medicine in the state pursuant
to chapter 147.
new text end

new text begin Subd. 2. new text end

new text begin Physician's physical presence required. new text end

new text begin When RU-486 (mifepristone)
or any other 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. 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 other 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 subdivision, 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 penalty. new text end

new text begin Any person who knowingly or recklessly performs or
attempts to perform an abortion in violation of this section shall be guilty of a felony. No
penalty may 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 action. 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.
new text end

new text begin Subd. 5. new text end

new text begin Attorney fees. new text end

new text begin A prevailing plaintiff in an action under subdivision 4 is
entitled to an award of reasonable attorney fees. A prevailing defendant in an action under
subdivision 4 is entitled to reasonable attorney fees if the court finds that the plaintiff's
suit was frivolous and brought in bad faith.
new text end

new text begin Subd. 6. new text end

new text begin No cause of action against pregnant woman. new text end

new text begin No pregnant female
who obtains or possesses RU-486 (mifepristone) or any other drug or chemical for the
purpose of inducing an abortion to terminate her own pregnancy shall be subject to any
action brought under subdivision 4.
new text end

new text begin Subd. 7. new text end

new text begin Identity in court proceedings. new text end

new text begin In every civil or criminal proceeding
brought under this section, the court shall determine 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 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. 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. This subdivision may not be
construed to conceal the identity of the plaintiff or witnesses from the defendant.
new text end

new text begin Subd. 8. new text end

new text begin Severability. new text end

new text begin If any one or more provision, section, subdivision,
paragraph, 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, section, subdivision, paragraph, sentence, clause, phrase, or
word thereof, irrespective of the fact that any one or more provision, section, subdivision,
paragraph, sentence, clause, phrase, or word be declared unconstitutional.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2012, and applies to causes
of action that arise on or after that date.
new text end