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; 151.071, by adding a subdivision; 245C.15, by adding a subdivision;
1.13 629.01; 629.02; 629.05; 629.06; 629.13; 629.14; proposing coding for new law in
1.14 Minnesota Statutes, chapters 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 H0366-3HF366 THIRD ENGROSSMENT
82
Printed
Page No.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
Adoption of Report: Re-referred to the Committee on Ways and Means02/09/2023
Adoption of Report: Placed on the General Register03/01/2023
Read for the Second Time
Calendar for the Day03/20/2023
Read for the Third Time
Passed by the House and transmitted to the Senate
Passed by the Senate as Amended and returned to the House04/26/2023
The House concurred in the Senate Amendments
Read Third Time as Amended by the Senate
Bill was repassed as Amended by the Senate 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 H0366-3HF366 THIRD 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 151.071, is amended by adding a subdivision to
3.28read:
3.29 Subd. 2b.Reproductive health care services.(a) For purposes of this subdivision,
3.30"reproductive health care services" has the meaning given in section 147.091, subdivision
3.311c.
3Sec. 5.
REVISOR SGS H0366-3HF366 THIRD ENGROSSMENT 4.1 (b) Notwithstanding subdivision 1 and subdivision 2, clause (3), (6), or (7), the board
4.2shall not refuse to grant a license to an applicant for licensure or impose disciplinary action
4.3against a pharmacist, pharmacy technician, or pharmacist intern solely on one or more of
4.4the following grounds:
4.5 (1) the applicant or a pharmacist, pharmacy technician, or pharmacist intern provided
4.6or assisted in the provision of reproductive health care services in a manner that is lawful
4.7in this state and that is within the applicable scope of practice;
4.8 (2) the applicant or a pharmacist, pharmacy technician, or pharmacist intern was convicted
4.9in another jurisdiction of a felony resulting from conduct specified in clause (1); or
4.10 (3) the applicant or a pharmacist, pharmacy technician, or pharmacist intern was subject
4.11to disciplinary action in another jurisdiction or was refused a license to practice pharmacy
4.12in another jurisdiction resulting from conduct specified in clause (1).
4.13 EFFECTIVE DATE.This section is effective the day following final enactment.
4.14 Sec. 6. Minnesota Statutes 2022, section 245C.15, is amended by adding a subdivision to
4.15read:
4.16 Subd. 6.Reproductive health care services.The commissioner may not disqualify an
4.17individual subject to a background study under this chapter for accessing or providing
4.18reproductive health care services, as defined in section 147.091, subdivision 1c.
4.19 EFFECTIVE DATE.This section is effective the day following final enactment.
4.20 Sec. 7. [548.252] APPLICATION OF LAW; ENFORCEMENT OF JUDGMENTS;
4.21REPRODUCTIVE HEALTH.
4.22 (a) A law of another state that authorizes a person to bring a civil action against a person
4.23or entity that does any of the following is contrary to the public policy of this state:
4.24 (1) terminates a pregnancy or seeks to terminate a pregnancy;
4.25 (2) performs an act to terminate a pregnancy;
4.26 (3) knowingly engages in conduct that assists in the termination of a pregnancy; or
4.27 (4) attempts or intends to engage in the conduct specified in clause (1), (2), or (3).
4.28 (b) A court in this state shall not apply a law described in paragraph (a) to a cause of
4.29action. A court in this state shall not enforce or satisfy a civil judgment received through
4.30an adjudication under a law described in paragraph (a).
4Sec. 7.
REVISOR SGS H0366-3HF366 THIRD ENGROSSMENT 5.1 (c) Notwithstanding any law to the contrary, a subpoena issued in this state for an action
5.2pending in another state or issued in another state for an action pending in that state for the
5.3attendance of a witness or the production of records shall not be enforced in this state if the
5.4subpoena relates to a potential civil or criminal action against a patient, health care provider,
5.5or other person for violating a law of the other state that restricts or limits access to, or the
5.6provision of, the termination of a pregnancy.
5.7 (d) This section does not apply if the act on which the cause of action, judgment, or
5.8subpoena was based would have served as the basis for a valid cause of action in this state
5.9or if, at the time the act was performed, the act could have subjected a patient, health care
5.10provider, or other person to a civil action or criminal penalties in this state if the act had
5.11taken place in this state.
5.12 EFFECTIVE DATE.This section is effective the day following final enactment.
5.13 Sec. 8. [604.415] CIVIL LIABILITY FOR REPRODUCTIVE HEALTH PENALTIES.
5.14 Except when a case would be the basis for a valid cause of action in this state, a person
5.15against whom a judgment is entered pursuant to the laws of any other state based on the
5.16alleged provision, receipt, assistance in the provision or receipt, or material support in the
5.17provision or receipt of any reproductive health care services that are permitted in this state
5.18may bring an action against the person who brought the action leading to that judgment or
5.19who sought to enforce that judgment for:
5.20 (1) actual damages in the amount of the judgment in the other state;
5.21 (2) costs and reasonable attorney fees incurred in defending the action that resulted in
5.22the judgment in the other state; and
5.23 (3) costs and reasonable attorney fees incurred to bring an action under this section.
5.24 EFFECTIVE DATE.This section is effective the day following final enactment.
5.25 Sec. 9. Minnesota Statutes 2022, section 629.01, is amended to read:
5.26 629.01 DEFINITIONS.
5.27 Where appearing in sections 629.01 to 629.29, the term "governor" includes any person
5.28performing the functions of governor by authority of the law of this state. The term "executive
5.29authority" includes the governor, and any person performing the functions of governor in
5.30a state other than this state. The term "state," referring to a state other than this state, includes
5.31any other state or territory, organized or unorganized, of the United States. The terms
5Sec. 9.
REVISOR SGS H0366-3HF366 THIRD ENGROSSMENT 6.1"committing an act in this state" and "acts committed in this state" include any action taken
6.2while the person is physically present in this state.
6.3 Sec. 10. Minnesota Statutes 2022, section 629.02, is amended to read:
6.4 629.02 DUTIES OF GOVERNOR IN EXTRADITION MATTERS.
6.5 Subject to the provisions of sections 629.01 to 629.29, the provisions of the Constitution
6.6of the United States controlling, and any and all acts of Congress enacted in pursuance
6.7thereof, it is the duty of the governor of this state to have arrested and delivered up to the
6.8executive authority of any other state of the United States any person charged in that state
6.9with treason, felony, or other crime, who has fled from justice and if found in this state.
6.10Nothing in this section shall limit any person's right to move freely between states or to
6.11enjoy the privileges and immunities of this state, and no person shall be arrested or delivered
6.12up to the executive authority of any other state of the United States for acts committed in
6.13this state or services received in this state involving any medical, surgical, counseling, or
6.14referral services relating to the human reproductive system, including but not limited to
6.15services related to pregnancy, contraception, or the termination of a pregnancy.
6.16 EFFECTIVE DATE.This section is effective the day following final enactment.
6.17 Sec. 11. Minnesota Statutes 2022, section 629.05, is amended to read:
6.18 629.05 EXTRADITION BY AGREEMENT.
6.19 When it is desired to have returned to this state a person charged in this state with a
6.20crime, and such person is imprisoned or is held under criminal proceedings then pending
6.21against that person in another state, the governor of this state may agree with the executive
6.22authority of such other state for the extradition of such person before the conclusion of such
6.23proceedings or the person's term of sentence in such other state, upon condition that such
6.24person be returned to such other state at the expense of this state as soon as the prosecution
6.25in this state is terminated.
6.26 The governor of this state may also surrender, on demand of the executive authority of
6.27any other state, any person in this state who is charged in the manner provided in section
6.28629.23 with having violated the laws of the state whose executive authority is making the
6.29demand, even though such person left the demanding state involuntarily, except that no
6.30person shall be surrendered for acts committed in this state or services received in this state
6.31involving any medical, surgical, counseling, or referral services relating to the human
6.32reproductive system, including but not limited to services related to pregnancy, contraception,
6.33or the termination of a pregnancy.
6Sec. 11.
REVISOR SGS H0366-3HF366 THIRD ENGROSSMENT 7.1 EFFECTIVE DATE.This section is effective the day following final enactment.
7.2 Sec. 12. Minnesota Statutes 2022, section 629.06, is amended to read:
7.3 629.06 EXTRADITION OF PERSONS COMMITTING CRIME.
7.4 (a) Except as provided in paragraph (b), the governor of this state may also surrender,
7.5on demand of the executive authority of any other state, any person in this state charged in
7.6such other state in the manner provided in section 629.03 with committing an act in this
7.7state, or in a third state, intentionally resulting in a crime in the state, whose executive
7.8authority is making the demand, and the provisions of sections 629.01 to 629.29 not otherwise
7.9inconsistent, shall apply to such cases, even though the accused was not in that state at the
7.10time of the commission of the crime, and has not fled therefrom.
7.11 (b) Nothing in this section shall limit any person's right to move freely between states
7.12or to enjoy the privileges and immunities of this state, and no person shall be surrendered
7.13to the executive authority of any other state for acts involving any medical, surgical,
7.14counseling, or referral services relating to the human reproductive system, including but
7.15not limited to services related to pregnancy, contraception, or the termination of a pregnancy.
7.16 EFFECTIVE DATE.This section is effective the day following final enactment.
7.17 Sec. 13. Minnesota Statutes 2022, section 629.13, is amended to read:
7.18 629.13 WHO MAY BE APPREHENDED.
7.19 When any person within this state is charged on the oath of any credible person before
7.20any judge of this state with the commission of any crime in any other state other than a
7.21crime arising from acts committed in this state or services received in this state involving
7.22any medical, surgical, counseling, or referral services relating to the human reproductive
7.23system, including but not limited to services related to pregnancy, contraception, or the
7.24termination of a pregnancy, and, except in cases arising under section 629.06, with having
7.25fled from justice, with having been convicted of a crime in that state and having escaped
7.26from confinement, or having broken the terms of bail, probation, or parole, or when complaint
7.27has been made before any judge in this state setting forth on the affidavit of any credible
7.28person in another state that a crime has been committed in the other state and that the accused
7.29has been charged in that state with the commission of the crime and, except in cases arising
7.30under section 629.06, has fled from justice, or with having been convicted of a crime in that
7.31state and having escaped from confinement, or having broken the terms of bail, probation,
7.32or parole, and is believed to be in this state, the judge shall issue a warrant directed to any
7.33peace officer commanding the officer to apprehend the person named in it, wherever the
7Sec. 13.
REVISOR SGS H0366-3HF366 THIRD ENGROSSMENT 8.1accused may be found in this state, and to bring the accused before the same or any other
8.2judge or court who or which may be available in or convenient of access to the place where
8.3the arrest may be made, to answer the charge or complaint and affidavit. A certified copy
8.4of the sworn charge or complaint and affidavit upon which the warrant is issued shall be
8.5attached to the warrant.
8.6 EFFECTIVE DATE.This section is effective the day following final enactment.
8.7 Sec. 14. Minnesota Statutes 2022, section 629.14, is amended to read:
8.8 629.14 ARREST WITHOUT WARRANT.
8.9 The arrest of a person may be lawfully made also by any peace officer or a private person,
8.10without a warrant upon reasonable information that the accused stands charged in the courts
8.11of a state with a crime punishable by death or imprisonment for a term exceeding one year,
8.12except that no person shall be arrested if the accused stands charged in the courts of any
8.13other state for acts committed in this state or services received in this state involving any
8.14medical, surgical, counseling, or referral services relating to the human reproductive system,
8.15including but not limited to services related to pregnancy, contraception, or the termination
8.16of a pregnancy. When arrested the accused must be taken before a judge with all practicable
8.17speed and complaint must be made against the accused under oath setting forth the ground
8.18for the arrest as in section 629.13. Thereafter the answer shall be heard as if the accused
8.19had been arrested on a warrant.
8.20 EFFECTIVE DATE.This section is effective the day following final enactment.
8Sec. 14.
REVISOR SGS H0366-3HF366 THIRD ENGROSSMENT