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Minnesota Legislature

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145.411 REGULATION OF ABORTIONS; DEFINITIONS.

Subdivision 1.Terms.

As used in sections 145.411 to 145.416, the terms defined in this section have the meanings given to them.

Subd. 2.Viable.

"Viable" means able to live outside the womb even though artificial aid may be required. During the second half of its gestation period a fetus shall be considered potentially "viable."

[See Note.]

Subd. 3.Hospital.

"Hospital" means an institution licensed by the state commissioner of health; adequately and properly staffed and equipped; providing services, facilities and beds for the reception and care of one or more nonrelated persons for a continuous period longer than 24 hours for diagnosis, treatment or care of illness, injury or pregnancy; and regularly providing clinical laboratory services, diagnostic x-ray services and treatment facilities for surgery, obstetrical care or other definitive medical treatment of similar extent. "Hospital" shall not include diagnostic or treatment centers, physicians' offices or clinics, or other facilities for the foster care of children licensed by the commissioner of human services.

Subd. 4.Abortion facility.

"Abortion facility" means those places properly recognized and licensed by the state commissioner of health under lawful rules promulgated by the commissioner for the performance of abortions.

Subd. 5.Abortion.

"Abortion" includes an act, procedure or use of any instrument, medicine or drug which is supplied or prescribed for or administered to a pregnant woman which results in the termination of pregnancy.

Subd. 6.Commissioner.

"Commissioner" means the commissioner of health.

NOTE: Subdivision 2 was found unconstitutional in Hodgson v. Lawson, 542 F.2d 1350 (8th Cir. 1976).