2021 Minnesota Statutes

145.412 CRIMINAL ACTS.

Subdivision 1.Requirements.

It shall be unlawful to willfully perform an abortion Next unless the Previous abortion Next is performed:

(1) by a physician licensed to practice medicine pursuant to chapter 147, or a physician in training under the supervision of a licensed physician;

(2) in a hospital or Previous abortion Next facility if the Previous abortion Next is performed after the first trimester;

(3) in a manner consistent with the lawful rules promulgated by the state commissioner of health; and

(4) with the consent of the woman submitting to the Previous abortion Next after a full explanation of the procedure and effect of the Previous abortion Next .

Subd. 2.Unconsciousness; lifesaving.

It shall be unlawful to perform an Previous abortion Next upon a woman who is unconscious except if the woman has been rendered unconscious for the purpose of having an Previous abortion Next or if the Previous abortion Next is necessary to save the life of the woman.

[See Note.]

Subd. 3. Previous Viability Next .

It shall be unlawful to perform an Previous abortion Next when the fetus is potentially viable unless:

(1) the Previous abortion Next is performed in a hospital;

(2) the attending physician certifies in writing that in the physician's best medical judgment the Previous abortion Next is necessary to preserve the life or health of the pregnant woman; and

(3) to the extent consistent with sound medical practice the Previous abortion Next is performed under circumstances which will reasonably assure the live birth and survival of the fetus.

[See Note.]

Subd. 4.Penalty.

A person who performs an Previous abortion in violation of this section is guilty of a felony.

History:

1974 c 177 s 2; 1977 c 305 s 45; 1985 c 248 s 70; 1986 c 444

NOTE: Subdivisions 2 and 3, clauses (2) and (3), were found unconstitutional in Hodgson v. Lawson, 542 F.2d 1350 (8th Cir. 1976).