HF 262

as introduced - 92nd Legislature (2021 - 2022) Posted on 04/21/2022 01:44pm

A bill for an act
relating to health; prohibiting abortions when a fetal heartbeat is detected with
certain exceptions; providing penalties; proposing coding for new law in Minnesota
Statutes, chapter 145.

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

Section 1.

[145.417] ABORTION PROHIBITED WHEN FETAL HEARTBEAT
DETECTED.

Subdivision 1.

Definitions.

(a) The definitions in this subdivision apply to this section.

(b) "Abortion" means the use or prescription of any instrument, medicine, drug, or other
substance or device to intentionally terminate the pregnancy of a woman known to be
pregnant, with an intention other than to increase the probability of a live birth, preserve
the life or health of the child after birth, or remove a dead fetus.

(c) "Fetal heartbeat" means the steady and repetitive rhythmic contraction of the fetal
heart within the gestational sac.

(d) "Medical emergency" means any condition that, on the basis of the physician's good
faith clinical judgment, so complicates the condition of the pregnant woman as to necessitate
the immediate abortion of her pregnancy to avert her death or for which a delay creates a
serious risk of substantial and irreversible impairment of a major bodily function.

(e) "Physician" means a person licensed as a physician or osteopathic physician under
chapter 147.

(f) "Unborn child" means a member of the species Homo sapiens from fertilization until
birth.

Subd. 2.

Prohibition.

(a) Except in the case of a medical emergency, a physician must
first test a pregnant woman to determine if a fetal heartbeat is detectable in the pregnant
woman's unborn child before performing an abortion. In testing for a detectable fetal
heartbeat, the physician shall perform an abdominal ultrasound according to standard medical
practice.

(b) A physician shall not perform an abortion on a pregnant woman when it has been
determined that the unborn child has a detectable fetal heartbeat, except in the case of a
medical emergency.

Subd. 3.

Penalty.

A violation of this section is a gross misdemeanor punishable by
imprisonment for not more than one year or payment of a fine of not more than $3,000, or
both.

EFFECTIVE DATE.

This section is effective August 1, 2021, and applies to crimes
committed on or after that date.