1.1 A bill for an act
1.2 relating to health care; limiting the release of health records in cases related to
1.3 reproductive health; prohibiting certain acts by certain health-related licensing
1.4 boards; prohibiting disqualification on background study for accessing or providing
1.5 reproductive health care; preventing the enforcement of certain judgments related
1.6 to reproductive health; restricting the enforcement of subpoenas issued in cases
1.7 related to reproductive health; creating a cause of action for penalties and court
1.8 costs for lawsuits related to reproductive health; prohibiting extradition of persons
1.9 charged in another state for acts committed or services received in Minnesota
1.10 related to reproductive health; amending Minnesota Statutes 2022, sections 147.091,
1.11 by adding a subdivision; 147A.13, by adding a subdivision; 148.261, by adding a
1.12 subdivision; 245C.15, by adding a subdivision; 629.01; 629.02; 629.05; 629.06;
1.13 629.13; 629.14; proposing coding for new law in Minnesota Statutes, chapters
1.14 144; 548; 604.
1.15BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.16 Section 1. [144.2935] HEALTH RECORDS; REPRODUCTIVE HEALTH CARE
1.17SERVICES.
1.18 Subdivision 1.Definition.For purposes of this section, "reproductive health care services"
1.19means medical, surgical, counseling, or referral services relating to the human reproductive
1.20system, including but not limited to services related to pregnancy, contraception, or the
1.21termination of a pregnancy.
1.22 Subd. 2.Law or court order of another state.Neither a law in another state authorizing
1.23a civil or criminal subpoena to obtain a patient's health records relating to the provision of
1.24reproductive health care services to the patient, nor an order issued by a court in another
1.25state authorizing the investigation or enforcement of another state's law that restricts or
1.26punishes the provision, receipt, or attempted provision or receipt of reproductive health care
1Section 1.
REVISOR SGS H0366-2HF366 SECOND ENGROSSMENT
State of Minnesota
This Document can be made available
in alternative formats upon request
HOUSE OF REPRESENTATIVES
H. F. No. 366
NINETY-THIRD SESSION
Authored by Agbaje, Her, Liebling, Long, Hortman and others01/17/2023
The bill was read for the first time and referred to the Committee on Health Finance and Policy
Adoption of Report: Amended and re-referred to the Committee on Judiciary Finance and Civil Law02/01/2023
Adoption of Report: Amended and re-referred to the Committee on State and Local Government Finance and Policy02/08/2023 2.1services to a patient, constitutes a specific authorization in law under section 144.293,
2.2subdivision 2.
2.3 EFFECTIVE DATE.This section is effective the day following final enactment.
2.4 Sec. 2. Minnesota Statutes 2022, section 147.091, is amended by adding a subdivision to
2.5read:
2.6 Subd. 1c.Reproductive health care services.(a) For purposes of this subdivision,
2.7"reproductive health care services" means medical, surgical, counseling, or referral services
2.8relating to the human reproductive system, including but not limited to services related to
2.9pregnancy, contraception, or the termination of a pregnancy.
2.10 (b) Notwithstanding subdivision 1, paragraph (c) or (d), the board shall not refuse to
2.11grant a license to an applicant for licensure, refuse to grant registration to a physician to
2.12perform interstate telehealth services, or impose disciplinary action against a physician
2.13solely on one or more of the following grounds:
2.14 (1) the applicant or physician provided or assisted in the provision of reproductive health
2.15care services in a manner that is lawful in this state and that is within the applicable scope
2.16of practice;
2.17 (2) the applicant or physician was convicted in another jurisdiction of a felony resulting
2.18from conduct specified in clause (1); or
2.19 (3) the applicant or physician was subject to disciplinary action in another jurisdiction
2.20or was refused a license to practice medicine in another jurisdiction resulting from conduct
2.21specified in clause (1).
2.22 EFFECTIVE DATE.This section is effective the day following final enactment.
2.23 Sec. 3. Minnesota Statutes 2022, section 147A.13, is amended by adding a subdivision to
2.24read:
2.25 Subd. 1a.Reproductive health care services.(a) For purposes of this subdivision,
2.26"reproductive health care services" has the meaning given in section 147.091, subdivision
2.271c.
2.28 (b) Notwithstanding subdivision 1, clause (3) or (4), the board shall not refuse to grant
2.29a license to an applicant for licensure or impose disciplinary action against a physician
2.30assistant solely on one or more of the following grounds:
2Sec. 3.
REVISOR SGS H0366-2HF366 SECOND ENGROSSMENT 3.1 (1) the applicant or physician assistant provided or assisted in the provision of
3.2reproductive health care services in a manner that is lawful in this state and that is within
3.3the applicable scope of practice;
3.4 (2) the applicant or physician assistant was convicted in another jurisdiction of a felony
3.5resulting from conduct specified in clause (1); or
3.6 (3) the applicant or physician assistant was subject to disciplinary action in another
3.7jurisdiction or was refused a physician assistant license in another jurisdiction resulting
3.8from conduct specified in clause (1).
3.9 EFFECTIVE DATE.This section is effective the day following final enactment.
3.10 Sec. 4. Minnesota Statutes 2022, section 148.261, is amended by adding a subdivision to
3.11read:
3.12 Subd. 1b.Reproductive health care services.(a) For purposes of this subdivision,
3.13"reproductive health care services" has the meaning given in section 147.091, subdivision
3.141c.
3.15 (b) Notwithstanding subdivision 1, clause (3) or (4), the board shall not refuse to grant
3.16a license to an applicant for licensure or impose disciplinary action against a nurse solely
3.17on one or more of the following grounds:
3.18 (1) the applicant or nurse provided or assisted in the provision of reproductive health
3.19care services in a manner that is lawful in this state and that is within the applicable scope
3.20of practice;
3.21 (2) the applicant or nurse was convicted in another jurisdiction of a felony resulting from
3.22conduct specified in clause (1); or
3.23 (3) the applicant or nurse was subject to disciplinary action in another jurisdiction or
3.24was refused a license to practice advanced practice, professional, or practical nursing in
3.25another jurisdiction resulting from conduct specified in clause (1).
3.26 EFFECTIVE DATE.This section is effective the day following final enactment.
3.27 Sec. 5. Minnesota Statutes 2022, section 245C.15, is amended by adding a subdivision to
3.28read:
3.29 Subd. 6.Reproductive health care services.The commissioner may not disqualify an
3.30individual subject to a background study under this chapter for accessing or providing
3.31reproductive health care services, as defined in section 147.091, subdivision 1c.
3Sec. 5.
REVISOR SGS H0366-2HF366 SECOND ENGROSSMENT 4.1 EFFECTIVE DATE.This section is effective the day following final enactment.
4.2 Sec. 6. [548.252] APPLICATION OF LAW; ENFORCEMENT OF JUDGMENTS;
4.3REPRODUCTIVE HEALTH.
4.4 (a) A law of another state that authorizes a person to bring a civil action against a person
4.5or entity that does any of the following is contrary to the public policy of this state:
4.6 (1) terminates a pregnancy or seeks to terminate a pregnancy;
4.7 (2) performs an act to terminate a pregnancy;
4.8 (3) knowingly engages in conduct that assists in the termination of a pregnancy; or
4.9 (4) attempts or intends to engage in the conduct specified in clause (1), (2), or (3).
4.10 (b) A court in this state shall not apply a law described in paragraph (a) to a cause of
4.11action. A court in this state shall not enforce or satisfy a civil judgment received through
4.12an adjudication under a law described in paragraph (a).
4.13 (c) Notwithstanding any law to the contrary, a subpoena issued in this state for an action
4.14pending in another state or issued in another state for an action pending in that state for the
4.15attendance of a witness or the production of records shall not be enforced in this state if the
4.16subpoena relates to a potential civil or criminal action against a patient, health care provider,
4.17or other person for violating a law of the other state that restricts or limits access to, or the
4.18provision of, the termination of a pregnancy.
4.19 (d) This section does not apply if the act on which the cause of action, judgment, or
4.20subpoena was based would have served as the basis for a valid cause of action in this state
4.21or if, at the time the act was performed, the act could have subjected a patient, health care
4.22provider, or other person to a civil action or criminal penalties in this state if the act had
4.23taken place in this state.
4.24 EFFECTIVE DATE.This section is effective the day following final enactment.
4.25 Sec. 7. [604.415] CIVIL LIABILITY FOR REPRODUCTIVE HEALTH PENALTIES.
4.26 Except when a case would be the basis for a valid cause of action in this state, a person
4.27against whom a judgment is entered pursuant to the laws of any other state based on the
4.28alleged provision, receipt, assistance in the provision or receipt, or material support in the
4.29provision or receipt of any reproductive health care services that are permitted in this state
4.30may bring an action against the person who brought the action leading to that judgment or
4.31who sought to enforce that judgment for:
4Sec. 7.
REVISOR SGS H0366-2HF366 SECOND ENGROSSMENT 5.1 (1) actual damages in the amount of the judgment in the other state;
5.2 (2) costs and reasonable attorney fees incurred in defending the action that resulted in
5.3the judgment in the other state; and
5.4 (3) costs and reasonable attorney fees incurred to bring an action under this section.
5.5 EFFECTIVE DATE.This section is effective the day following final enactment.
5.6 Sec. 8. Minnesota Statutes 2022, section 629.01, is amended to read:
5.7 629.01 DEFINITIONS.
5.8 Where appearing in sections 629.01 to 629.29, the term "governor" includes any person
5.9performing the functions of governor by authority of the law of this state. The term "executive
5.10authority" includes the governor, and any person performing the functions of governor in
5.11a state other than this state. The term "state," referring to a state other than this state, includes
5.12any other state or territory, organized or unorganized, of the United States. The terms
5.13"committing an act in this state" and "acts committed in this state" include any action taken
5.14while the person is physically present in this state.
5.15 Sec. 9. Minnesota Statutes 2022, section 629.02, is amended to read:
5.16 629.02 DUTIES OF GOVERNOR IN EXTRADITION MATTERS.
5.17 Subject to the provisions of sections 629.01 to 629.29, the provisions of the Constitution
5.18of the United States controlling, and any and all acts of Congress enacted in pursuance
5.19thereof, it is the duty of the governor of this state to have arrested and delivered up to the
5.20executive authority of any other state of the United States any person charged in that state
5.21with treason, felony, or other crime, who has fled from justice and if found in this state.
5.22Nothing in this section shall limit any person's right to move freely between states or to
5.23enjoy the privileges and immunities of this state, and no person shall be arrested or delivered
5.24up to the executive authority of any other state of the United States for acts committed in
5.25this state or services received in this state involving any medical, surgical, counseling, or
5.26referral services relating to the human reproductive system, including but not limited to
5.27services related to pregnancy, contraception, or the termination of a pregnancy.
5.28 EFFECTIVE DATE.This section is effective the day following final enactment.
5Sec. 9.
REVISOR SGS H0366-2HF366 SECOND ENGROSSMENT 6.1 Sec. 10. Minnesota Statutes 2022, section 629.05, is amended to read:
6.2 629.05 EXTRADITION BY AGREEMENT.
6.3 When it is desired to have returned to this state a person charged in this state with a
6.4crime, and such person is imprisoned or is held under criminal proceedings then pending
6.5against that person in another state, the governor of this state may agree with the executive
6.6authority of such other state for the extradition of such person before the conclusion of such
6.7proceedings or the person's term of sentence in such other state, upon condition that such
6.8person be returned to such other state at the expense of this state as soon as the prosecution
6.9in this state is terminated.
6.10 The governor of this state may also surrender, on demand of the executive authority of
6.11any other state, any person in this state who is charged in the manner provided in section
6.12629.23 with having violated the laws of the state whose executive authority is making the
6.13demand, even though such person left the demanding state involuntarily, except that no
6.14person shall be surrendered for acts committed in this state or services received in this state
6.15involving any medical, surgical, counseling, or referral services relating to the human
6.16reproductive system, including but not limited to services related to pregnancy, contraception,
6.17or the termination of a pregnancy.
6.18 EFFECTIVE DATE.This section is effective the day following final enactment.
6.19 Sec. 11. Minnesota Statutes 2022, section 629.06, is amended to read:
6.20 629.06 EXTRADITION OF PERSONS COMMITTING CRIME.
6.21 (a) Except as provided in paragraph (b), the governor of this state may also surrender,
6.22on demand of the executive authority of any other state, any person in this state charged in
6.23such other state in the manner provided in section 629.03 with committing an act in this
6.24state, or in a third state, intentionally resulting in a crime in the state, whose executive
6.25authority is making the demand, and the provisions of sections 629.01 to 629.29 not otherwise
6.26inconsistent, shall apply to such cases, even though the accused was not in that state at the
6.27time of the commission of the crime, and has not fled therefrom.
6.28 (b) Nothing in this section shall limit any person's right to move freely between states
6.29or to enjoy the privileges and immunities of this state, and no person shall be surrendered
6.30to the executive authority of any other state for acts involving any medical, surgical,
6.31counseling, or referral services relating to the human reproductive system, including but
6.32not limited to services related to pregnancy, contraception, or the termination of a pregnancy.
6.33 EFFECTIVE DATE.This section is effective the day following final enactment.
6Sec. 11.
REVISOR SGS H0366-2HF366 SECOND ENGROSSMENT 7.1 Sec. 12. Minnesota Statutes 2022, section 629.13, is amended to read:
7.2 629.13 WHO MAY BE APPREHENDED.
7.3 When any person within this state is charged on the oath of any credible person before
7.4any judge of this state with the commission of any crime in any other state other than a
7.5crime arising from acts committed in this state or services received in this state involving
7.6any medical, surgical, counseling, or referral services relating to the human reproductive
7.7system, including but not limited to services related to pregnancy, contraception, or the
7.8termination of a pregnancy, and, except in cases arising under section 629.06, with having
7.9fled from justice, with having been convicted of a crime in that state and having escaped
7.10from confinement, or having broken the terms of bail, probation, or parole, or when complaint
7.11has been made before any judge in this state setting forth on the affidavit of any credible
7.12person in another state that a crime has been committed in the other state and that the accused
7.13has been charged in that state with the commission of the crime and, except in cases arising
7.14under section 629.06, has fled from justice, or with having been convicted of a crime in that
7.15state and having escaped from confinement, or having broken the terms of bail, probation,
7.16or parole, and is believed to be in this state, the judge shall issue a warrant directed to any
7.17peace officer commanding the officer to apprehend the person named in it, wherever the
7.18accused may be found in this state, and to bring the accused before the same or any other
7.19judge or court who or which may be available in or convenient of access to the place where
7.20the arrest may be made, to answer the charge or complaint and affidavit. A certified copy
7.21of the sworn charge or complaint and affidavit upon which the warrant is issued shall be
7.22attached to the warrant.
7.23 EFFECTIVE DATE.This section is effective the day following final enactment.
7.24 Sec. 13. Minnesota Statutes 2022, section 629.14, is amended to read:
7.25 629.14 ARREST WITHOUT WARRANT.
7.26 The arrest of a person may be lawfully made also by any peace officer or a private person,
7.27without a warrant upon reasonable information that the accused stands charged in the courts
7.28of a state with a crime punishable by death or imprisonment for a term exceeding one year,
7.29except that no person shall be arrested if the accused stands charged in the courts of any
7.30other state for acts committed in this state or services received in this state involving any
7.31medical, surgical, counseling, or referral services relating to the human reproductive system,
7.32including but not limited to services related to pregnancy, contraception, or the termination
7.33of a pregnancy. When arrested the accused must be taken before a judge with all practicable
7.34speed and complaint must be made against the accused under oath setting forth the ground
7Sec. 13.
REVISOR SGS H0366-2HF366 SECOND ENGROSSMENT 8.1for the arrest as in section 629.13. Thereafter the answer shall be heard as if the accused
8.2had been arrested on a warrant.
8.3 EFFECTIVE DATE.This section is effective the day following final enactment.
8Sec. 13.
REVISOR SGS H0366-2HF366 SECOND ENGROSSMENT