Minnesota 2023-2024 Regular Session

Minnesota House Bill HF91 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		1.1 A bill for an act
2	2		1.2 relating to health; repealing certain statutes regulating abortion; repealing certain
3	3		1.3 sex offenses; repealing certain statutes governing the sale of certain articles and
4	4		1.4 information and prohibiting certain advertisements; removing a limitation on the
5	5		1.5 performance of abortions at birth centers; striking certain language regarding
6	6		1.6 medical assistance coverage of abortion; removing a limitation on MinnesotaCare
7	7		1.7 coverage of abortion; making conforming changes; amending Minnesota Statutes
8	8		1.8 2022, sections 13.3805, subdivision 1; 144.222, subdivision 1; 144.615, subdivision
9	9		1.9 7; 145.411, subdivisions 1, 5; 145.4235, subdivision 2; 148.261, subdivision 1;
10	10		1.10 256B.0625, subdivision 16; 256B.692, subdivision 2; 256L.03, subdivision 1;
11	11		1.11 518A.39, subdivision 2; 609.269; 617.22; 617.26; repealing Minnesota Statutes
12	12		1.12 2022, sections 62Q.145; 144.343, subdivisions 2, 3, 4, 5, 6, 7; 145.1621; 145.411,
13	13		1.13 subdivisions 2, 4; 145.412; 145.413, subdivisions 2, 3; 145.4131; 145.4132;
14	14		1.14 145.4133; 145.4134; 145.4135; 145.4136; 145.415; 145.416; 145.423; 145.4241;
15	15		1.15 145.4242; 145.4243; 145.4244; 145.4245; 145.4246; 145.4247; 145.4248;
16	16		1.16 145.4249; 145.925, subdivisions 2, 4; 256B.011; 256B.40; 261.28; 393.07,
17	17		1.17 subdivision 11; 609.293, subdivisions 1, 5; 609.34; 609.36; 617.20; 617.201;
18	18		1.18 617.202; 617.21; 617.28; 617.29; Minnesota Rules, parts 4615.3600; 9505.0235.
19	19		1.19BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
20	20		1.20 Section 1. Minnesota Statutes 2022, section 13.3805, subdivision 1, is amended to read:
21	21		1.21 Subdivision 1.Health data generally.(a) Definitions. As used in this subdivision:
22	22		1.22 (1) "Commissioner" means the commissioner of health.
23	23		1.23 (2) "Health data" are data on individuals created, collected, received, or maintained by
24	24		1.24the Department of Health, political subdivisions, or statewide systems relating to the
25	25		1.25identification, description, prevention, and control of disease or as part of an epidemiologic
26	26		1.26investigation the commissioner designates as necessary to analyze, describe, or protect the
27	27		1.27public health.
28	28		1Section 1.
29		-	REVISOR SGS H0091-2HF91 ~~SECOND~~ ENGROSSMENT
	29	+	REVISOR SGS H0091-1HF91 FIRST ENGROSSMENT
30	30		State of Minnesota
31	31		This Document can be made available
32	32		in alternative formats upon request
33	33		HOUSE OF REPRESENTATIVES
34	34		H. F. No. 91
35	35		NINETY-THIRD SESSION
36	36		Authored by Liebling, Hortman, Her, Feist, Greenman and others01/05/2023
37	37		The bill was read for the first time and referred to the Committee on Health Finance and Policy
38		-	Adoption of Report: Amended and re-referred to the Committee on Judiciary Finance and Civil Law01/18/2023
39		-	Adoption of Report: Re-referred to the Committee on Public Safety Finance and Policy01/25/2023
40		-	Adoption of Report: Amended and re-referred to the Committee on Ways and Means02/01/2023 2.1 (b) Data on individuals. (1) Health data are private data on individuals. Notwithstanding
	38	+	Adoption of Report: Amended and re-referred to the Committee on Judiciary Finance and Civil Law01/18/2023 2.1 (b) Data on individuals. (1) Health data are private data on individuals. Notwithstanding
41	39		2.2section 13.05, subdivision 9, health data may not be disclosed except as provided in this
42	40		2.3subdivision and section 13.04.
43	41		2.4 (2) The commissioner or a community health board as defined in section 145A.02,
44	42		2.5subdivision 5, may disclose health data to the data subject's physician as necessary to locate
45	43		2.6or identify a case, carrier, or suspect case, to establish a diagnosis, to provide treatment, to
46	44		2.7identify persons at risk of illness, or to conduct an epidemiologic investigation.
47	45		2.8 (3) With the approval of the commissioner, health data may be disclosed to the extent
48	46		2.9necessary to assist the commissioner to locate or identify a case, carrier, or suspect case, to
49	47		2.10alert persons who may be threatened by illness as evidenced by epidemiologic data, to
50	48		2.11control or prevent the spread of serious disease, or to diminish an imminent threat to the
51	49		2.12public health.
52	50		2.13 (c) Health summary data. Summary data derived from data collected under section
53	51		2.14145.413 may be provided under section 13.05, subdivision 7.
54	52		2.15 EFFECTIVE DATE.This section is effective the day following final enactment.
55	53		2.16 Sec. 2. Minnesota Statutes 2022, section 144.222, subdivision 1, is amended to read:
56	54		2.17 Subdivision 1.Fetal death report required.A fetal death report must be filed within
57	55		2.18five days of the death of a fetus for whom 20 or more weeks of gestation have elapsed,
58	56		2.19except for abortions defined under section 145.4241 145.411, subdivision 5. A fetal death
59	57		2.20report must be prepared in a format prescribed by the state registrar and filed in accordance
60	58		2.21with Minnesota Rules, parts 4601.0100 to 4601.2600 by:
61	59		2.22 (1) a person in charge of an institution or that person's authorized designee if a fetus is
62	60		2.23delivered in the institution or en route to the institution;
63	61		2.24 (2) a physician, certified nurse midwife, or other licensed medical personnel in attendance
64	62		2.25at or immediately after the delivery if a fetus is delivered outside an institution; or
65	63		2.26 (3) a parent or other person in charge of the disposition of the remains if a fetal death
66	64		2.27occurred without medical attendance at or immediately after the delivery.
67	65		2.28 EFFECTIVE DATE.This section is effective the day following final enactment.
68	66		2.29 Sec. 3. Minnesota Statutes 2022, section 144.615, subdivision 7, is amended to read:
69	67		2.30 Subd. 7.Limitations of services.(a) The following limitations apply to the services
70	68		2.31performed at a birth center:
71	69		2Sec. 3.
72		-	REVISOR SGS H0091-2HF91 ~~SECOND~~ ENGROSSMENT 3.1 (1) surgical procedures must be limited to those normally accomplished during an
	70	+	REVISOR SGS H0091-1HF91 FIRST ENGROSSMENT 3.1 (1) surgical procedures must be limited to those normally accomplished during an
73	71		3.2uncomplicated birth, including episiotomy and repair; and
74	72		3.3 (2) no abortions may be administered; and
75	73		3.4 (3) (2) no general or regional anesthesia may be administered.
76	74		3.5 (b) Notwithstanding paragraph (a), local anesthesia may be administered at a birth center
77	75		3.6if the administration of the anesthetic is performed within the scope of practice of a health
78	76		3.7care professional.
79	77		3.8 EFFECTIVE DATE.This section is effective the day following final enactment.
80	78		3.9 Sec. 4. Minnesota Statutes 2022, section 145.411, subdivision 1, is amended to read:
81	79		3.10 Subdivision 1.Terms.As used in sections 145.411 to 145.416 145.414, the terms defined
82	80		3.11in this section have the meanings given to them.
83	81		3.12 EFFECTIVE DATE.This section is effective the day following final enactment.
84	82		3.13 Sec. 5. Minnesota Statutes 2022, section 145.411, subdivision 5, is amended to read:
85	83		3.14 Subd. 5.Abortion."Abortion" includes an act, procedure or use of any instrument,
86	84		3.15medicine or drug which is supplied or prescribed for or administered to a pregnant woman
87	85		3.16an individual with the intention of terminating, and which results in the termination of,
88	86		3.17pregnancy.
89	87		3.18 EFFECTIVE DATE.This section is effective the day following final enactment.
90	88		3.19 Sec. 6. Minnesota Statutes 2022, section 145.4235, subdivision 2, is amended to read:
91	89		3.20 Subd. 2.Eligibility for grants.(a) The commissioner shall award grants to eligible
92	90		3.21applicants under paragraph (c) for the reasonable expenses of alternatives to abortion
93	91		3.22programs to support, encourage, and assist women in carrying their pregnancies to term and
94	92		3.23caring for their babies after birth by providing information on, referral to, and assistance
95	93		3.24with securing necessary services that enable women to carry their pregnancies to term and
96	94		3.25care for their babies after birth. Necessary services must include, but are not limited to:
97	95		3.26 (1) medical care;
98	96		3.27 (2) nutritional services;
99	97		3.28 (3) housing assistance;
100	98		3.29 (4) adoption services;
101	99		3Sec. 6.
102		-	REVISOR SGS H0091-2HF91 ~~SECOND~~ ENGROSSMENT 4.1 (5) education and employment assistance, including services that support the continuation
	100	+	REVISOR SGS H0091-1HF91 FIRST ENGROSSMENT 4.1 (5) education and employment assistance, including services that support the continuation
103	101		4.2and completion of high school;
104	102		4.3 (6) child care assistance; and
105	103		4.4 (7) parenting education and support services.
106	104		4.5An applicant may not provide or assist a woman to obtain adoption services from a provider
107	105		4.6of adoption services that is not licensed.
108	106		4.7 (b) In addition to providing information and referral under paragraph (a), an eligible
109	107		4.8program may provide one or more of the necessary services under paragraph (a) that assists
110	108		4.9women in carrying their pregnancies to term. To avoid duplication of efforts, grantees may
111	109		4.10refer to other public or private programs, rather than provide the care directly, if a woman
112	110		4.11meets eligibility criteria for the other programs.
113	111		4.12 (c) To be eligible for a grant, an agency or organization must:
114	112		4.13 (1) be a private, nonprofit organization;
115	113		4.14 (2) demonstrate that the program is conducted under appropriate supervision;
116	114		4.15 (3) not charge women for services provided under the program;
117	115		4.16 (4) provide each pregnant woman counseled with accurate information on the
118	116		4.17developmental characteristics of babies and of unborn children, including offering the printed
119	117		4.18information described in section 145.4243 as determined by the commissioner;
120	118		4.19 (5) ensure that its alternatives-to-abortion program's purpose is to assist and encourage
121	119		4.20women in carrying their pregnancies to term and to maximize their potentials thereafter;
122	120		4.21 (6) ensure that none of the money provided is used to encourage or affirmatively counsel
123	121		4.22a woman to have an abortion not necessary to prevent her death, to provide her an abortion,
124	122		4.23or to directly refer her to an abortion provider for an abortion. The agency or organization
125	123		4.24may provide nondirective counseling; and
126	124		4.25 (7) have had the alternatives to abortion program in existence for at least one year as of
127	125		4.26July 1, 2011; or incorporated an alternative to abortion program that has been in existence
128	126		4.27for at least one year as of July 1, 2011.
129	127		4.28 (d) The provisions, words, phrases, and clauses of paragraph (c) are inseverable from
130	128		4.29this subdivision, and if any provision, word, phrase, or clause of paragraph (c) or its
131	129		4.30application to any person or circumstance is held invalid, the invalidity applies to all of this
132	130		4.31subdivision.
133	131		4Sec. 6.
134		-	REVISOR SGS H0091-2HF91 ~~SECOND~~ ENGROSSMENT 5.1 (e) An organization that provides abortions, promotes abortions, or directly refers to an
	132	+	REVISOR SGS H0091-1HF91 FIRST ENGROSSMENT 5.1 (e) An organization that provides abortions, promotes abortions, or directly refers to an
135	133		5.2abortion provider for an abortion is ineligible to receive a grant under this program. An
136	134		5.3affiliate of an organization that provides abortions, promotes abortions, or directly refers
137	135		5.4to an abortion provider for an abortion is ineligible to receive a grant under this section
138	136		5.5unless the organizations are separately incorporated and independent from each other. To
139	137		5.6be independent, the organizations may not share any of the following:
140	138		5.7 (1) the same or a similar name;
141	139		5.8 (2) medical facilities or nonmedical facilities, including but not limited to, business
142	140		5.9offices, treatment rooms, consultation rooms, examination rooms, and waiting rooms;
143	141		5.10 (3) expenses;
144	142		5.11 (4) employee wages or salaries; or
145	143		5.12 (5) equipment or supplies, including but not limited to, computers, telephone systems,
146	144		5.13telecommunications equipment, and office supplies.
147	145		5.14 (f) An organization that receives a grant under this section and that is affiliated with an
148	146		5.15organization that provides abortion services must maintain financial records that demonstrate
149	147		5.16strict compliance with this subdivision and that demonstrate that its independent affiliate
150	148		5.17that provides abortion services receives no direct or indirect economic or marketing benefit
151	149		5.18from the grant under this section.
152	150		5.19 (g) The commissioner shall approve any information provided by a grantee on the health
153	151		5.20risks associated with abortions to ensure that the information is medically accurate.
154	152		5.21 EFFECTIVE DATE.This section is effective the day following final enactment.
155	153		5.22 Sec. 7. Minnesota Statutes 2022, section 148.261, subdivision 1, is amended to read:
156	154		5.23 Subdivision 1.Grounds listed.The board may deny, revoke, suspend, limit, or condition
157	155		5.24the license and registration of any person to practice advanced practice, professional, or
158	156		5.25practical nursing under sections 148.171 to 148.285, or to otherwise discipline a licensee
159	157		5.26or applicant as described in section 148.262. The following are grounds for disciplinary
160	158		5.27action:
161	159		5.28 (1) Failure to demonstrate the qualifications or satisfy the requirements for a license
162	160		5.29contained in sections 148.171 to 148.285 or rules of the board. In the case of a person
163	161		5.30applying for a license, the burden of proof is upon the applicant to demonstrate the
164	162		5.31qualifications or satisfaction of the requirements.
165	163		5Sec. 7.
166		-	REVISOR SGS H0091-2HF91 ~~SECOND~~ ENGROSSMENT 6.1 (2) Employing fraud or deceit in procuring or attempting to procure a permit, license,
	164	+	REVISOR SGS H0091-1HF91 FIRST ENGROSSMENT 6.1 (2) Employing fraud or deceit in procuring or attempting to procure a permit, license,
167	165		6.2or registration certificate to practice advanced practice, professional, or practical nursing
168	166		6.3or attempting to subvert the licensing examination process. Conduct that subverts or attempts
169	167		6.4to subvert the licensing examination process includes, but is not limited to:
170	168		6.5 (i) conduct that violates the security of the examination materials, such as removing
171	169		6.6examination materials from the examination room or having unauthorized possession of
172	170		6.7any portion of a future, current, or previously administered licensing examination;
173	171		6.8 (ii) conduct that violates the standard of test administration, such as communicating with
174	172		6.9another examinee during administration of the examination, copying another examinee's
175	173		6.10answers, permitting another examinee to copy one's answers, or possessing unauthorized
176	174		6.11materials; or
177	175		6.12 (iii) impersonating an examinee or permitting an impersonator to take the examination
178	176		6.13on one's own behalf.
179	177		6.14 (3) Conviction of a felony or gross misdemeanor reasonably related to the practice of
180	178		6.15professional, advanced practice registered, or practical nursing. Conviction as used in this
181	179		6.16subdivision includes a conviction of an offense that if committed in this state would be
182	180		6.17considered a felony or gross misdemeanor without regard to its designation elsewhere, or
183	181		6.18a criminal proceeding where a finding or verdict of guilt is made or returned but the
184	182		6.19adjudication of guilt is either withheld or not entered.
185	183		6.20 (4) Revocation, suspension, limitation, conditioning, or other disciplinary action against
186	184		6.21the person's professional or practical nursing license or advanced practice registered nursing
187	185		6.22credential, in another state, territory, or country; failure to report to the board that charges
188	186		6.23regarding the person's nursing license or other credential are pending in another state,
189	187		6.24territory, or country; or having been refused a license or other credential by another state,
190	188		6.25territory, or country.
191	189		6.26 (5) Failure to or inability to perform professional or practical nursing as defined in section
192	190		6.27148.171, subdivision 14 or 15, with reasonable skill and safety, including failure of a
193	191		6.28registered nurse to supervise or a licensed practical nurse to monitor adequately the
194	192		6.29performance of acts by any person working at the nurse's direction.
195	193		6.30 (6) Engaging in unprofessional conduct, including, but not limited to, a departure from
196	194		6.31or failure to conform to board rules of professional or practical nursing practice that interpret
197	195		6.32the statutory definition of professional or practical nursing as well as provide criteria for
198	196		6.33violations of the statutes, or, if no rule exists, to the minimal standards of acceptable and
199	197		6.34prevailing professional or practical nursing practice, or any nursing practice that may create
200	198		6Sec. 7.
201		-	REVISOR SGS H0091-2HF91 ~~SECOND~~ ENGROSSMENT 7.1unnecessary danger to a patient's life, health, or safety. Actual injury to a patient need not
	199	+	REVISOR SGS H0091-1HF91 FIRST ENGROSSMENT 7.1unnecessary danger to a patient's life, health, or safety. Actual injury to a patient need not
202	200		7.2be established under this clause.
203	201		7.3 (7) Failure of an advanced practice registered nurse to practice with reasonable skill and
204	202		7.4safety or departure from or failure to conform to standards of acceptable and prevailing
205	203		7.5advanced practice registered nursing.
206	204		7.6 (8) Delegating or accepting the delegation of a nursing function or a prescribed health
207	205		7.7care function when the delegation or acceptance could reasonably be expected to result in
208	206		7.8unsafe or ineffective patient care.
209	207		7.9 (9) Actual or potential inability to practice nursing with reasonable skill and safety to
210	208		7.10patients by reason of illness, use of alcohol, drugs, chemicals, or any other material, or as
211	209		7.11a result of any mental or physical condition.
212	210		7.12 (10) Adjudication as mentally incompetent, mentally ill, a chemically dependent person,
213	211		7.13or a person dangerous to the public by a court of competent jurisdiction, within or without
214	212		7.14this state.
215	213		7.15 (11) Engaging in any unethical conduct, including, but not limited to, conduct likely to
216	214		7.16deceive, defraud, or harm the public, or demonstrating a willful or careless disregard for
217	215		7.17the health, welfare, or safety of a patient. Actual injury need not be established under this
218	216		7.18clause.
219	217		7.19 (12) Engaging in conduct with a patient that is sexual or may reasonably be interpreted
220	218		7.20by the patient as sexual, or in any verbal behavior that is seductive or sexually demeaning
221	219		7.21to a patient, or engaging in sexual exploitation of a patient or former patient.
222	220		7.22 (13) Obtaining money, property, or services from a patient, other than reasonable fees
223	221		7.23for services provided to the patient, through the use of undue influence, harassment, duress,
224	222		7.24deception, or fraud.
225	223		7.25 (14) Revealing a privileged communication from or relating to a patient except when
226	224		7.26otherwise required or permitted by law.
227	225		7.27 (15) Engaging in abusive or fraudulent billing practices, including violations of federal
228	226		7.28Medicare and Medicaid laws or state medical assistance laws.
229	227		7.29 (16) Improper management of patient records, including failure to maintain adequate
230	228		7.30patient records, to comply with a patient's request made pursuant to sections 144.291 to
231	229		7.31144.298, or to furnish a patient record or report required by law.
232	230		7Sec. 7.
233		-	REVISOR SGS H0091-2HF91 ~~SECOND~~ ENGROSSMENT 8.1 (17) Knowingly aiding, assisting, advising, or allowing an unlicensed person to engage
	231	+	REVISOR SGS H0091-1HF91 FIRST ENGROSSMENT 8.1 (17) Knowingly aiding, assisting, advising, or allowing an unlicensed person to engage
234	232		8.2in the unlawful practice of advanced practice, professional, or practical nursing.
235	233		8.3 (18) Violating a rule adopted by the board, an order of the board, or a state or federal
236	234		8.4law relating to the practice of advanced practice, professional, or practical nursing, or a
237	235		8.5state or federal narcotics or controlled substance law.
238	236		8.6 (19) Knowingly providing false or misleading information that is directly related to the
239	237		8.7care of that patient unless done for an accepted therapeutic purpose such as the administration
240	238		8.8of a placebo.
241	239		8.9 (20) Aiding suicide or aiding attempted suicide in violation of section 609.215 as
242	240		8.10established by any of the following:
243	241		8.11 (i) a copy of the record of criminal conviction or plea of guilty for a felony in violation
244	242		8.12of section 609.215, subdivision 1 or 2;
245	243		8.13 (ii) a copy of the record of a judgment of contempt of court for violating an injunction
246	244		8.14issued under section 609.215, subdivision 4;
247	245		8.15 (iii) a copy of the record of a judgment assessing damages under section 609.215,
248	246		8.16subdivision 5; or
249	247		8.17 (iv) a finding by the board that the person violated section 609.215, subdivision 1 or 2.
250	248		8.18The board shall investigate any complaint of a violation of section 609.215, subdivision 1
251	249		8.19or 2.
252	250		8.20 (21) Practicing outside the scope of practice authorized by section 148.171, subdivision
253	251		8.215, 10, 11, 13, 14, 15, or 21.
254	252		8.22 (22) Making a false statement or knowingly providing false information to the board,
255	253		8.23failing to make reports as required by section 148.263, or failing to cooperate with an
256	254		8.24investigation of the board as required by section 148.265.
257	255		8.25 (23) Engaging in false, fraudulent, deceptive, or misleading advertising.
258	256		8.26 (24) Failure to inform the board of the person's certification or recertification status as
259	257		8.27a certified registered nurse anesthetist, certified nurse-midwife, certified nurse practitioner,
260	258		8.28or certified clinical nurse specialist.
261	259		8.29 (25) Engaging in clinical nurse specialist practice, nurse-midwife practice, nurse
262	260		8.30practitioner practice, or registered nurse anesthetist practice without a license and current
263	261		8.31certification or recertification by a national nurse certification organization acceptable to
264	262		8.32the board.
265	263		8Sec. 7.
266		-	REVISOR SGS H0091-2HF91 ~~SECOND~~ ENGROSSMENT 9.1 (26) Engaging in conduct that is prohibited under section 145.412.
	264	+	REVISOR SGS H0091-1HF91 FIRST ENGROSSMENT 9.1 (26) Engaging in conduct that is prohibited under section 145.412.
267	265		9.2 (27) (26) Failing to report employment to the board as required by section 148.211,
268	266		9.3subdivision 2a, or knowingly aiding, assisting, advising, or allowing a person to fail to report
269	267		9.4as required by section 148.211, subdivision 2a.
270	268		9.5 EFFECTIVE DATE.This section is effective the day following final enactment.
271	269		9.6 Sec. 8. Minnesota Statutes 2022, section 256B.0625, subdivision 16, is amended to read:
272	270		9.7 Subd. 16.Abortion services.Medical assistance covers abortion services, but only if
273	271		9.8one of the following conditions is met: determined to be medically necessary by the treating
274	272		9.9provider and delivered in accordance with all applicable Minnesota laws.
275	273		9.10 (a) The abortion is a medical necessity. "Medical necessity" means (1) the signed written
276	274		9.11statement of two physicians indicating the abortion is medically necessary to prevent the
277	275		9.12death of the mother, and (2) the patient has given her consent to the abortion in writing
278	276		9.13unless the patient is physically or legally incapable of providing informed consent to the
279	277		9.14procedure, in which case consent will be given as otherwise provided by law;
280	278		9.15 (b) The pregnancy is the result of criminal sexual conduct as defined in section 609.342,
281	279		9.16subdivision 1, clauses (a), (b), (c)(i) and (ii), and (e), and subdivision 1a, clauses (a), (b),
282	280		9.17(c)(i) and (ii), and (d), and the incident is reported within 48 hours after the incident occurs
283	281		9.18to a valid law enforcement agency for investigation, unless the victim is physically unable
284	282		9.19to report the criminal sexual conduct, in which case the report shall be made within 48 hours
285	283		9.20after the victim becomes physically able to report the criminal sexual conduct; or
286	284		9.21 (c) The pregnancy is the result of incest, but only if the incident and relative are reported
287	285		9.22to a valid law enforcement agency for investigation prior to the abortion.
288	286		9.23 EFFECTIVE DATE.This section is effective the day following final enactment.
289	287		9.24 Sec. 9. Minnesota Statutes 2022, section 256B.692, subdivision 2, is amended to read:
290	288		9.25 Subd. 2.Duties of commissioner of health.(a) Notwithstanding chapters 62D and 62N,
291	289		9.26a county that elects to purchase medical assistance in return for a fixed sum without regard
292	290		9.27to the frequency or extent of services furnished to any particular enrollee is not required to
293	291		9.28obtain a certificate of authority under chapter 62D or 62N. The county board of
294	292		9.29commissioners is the governing body of a county-based purchasing program. In a multicounty
295	293		9.30arrangement, the governing body is a joint powers board established under section 471.59.
296	294		9Sec. 9.
297		-	REVISOR SGS H0091-2HF91 ~~SECOND~~ ENGROSSMENT 10.1 (b) A county that elects to purchase medical assistance services under this section must
	295	+	REVISOR SGS H0091-1HF91 FIRST ENGROSSMENT 10.1 (b) A county that elects to purchase medical assistance services under this section must
298	296		10.2satisfy the commissioner of health that the requirements for assurance of consumer protection,
299	297		10.3provider protection, and fiscal solvency of chapter 62D, applicable to health maintenance
300	298		10.4organizations will be met according to the following schedule:
301	299		10.5 (1) for a county-based purchasing plan approved on or before June 30, 2008, the plan
302	300		10.6must have in reserve:
303	301		10.7 (i) at least 50 percent of the minimum amount required under chapter 62D as of January
304	302		10.81, 2010;
305	303		10.9 (ii) at least 75 percent of the minimum amount required under chapter 62D as of January
306	304		10.101, 2011;
307	305		10.11 (iii) at least 87.5 percent of the minimum amount required under chapter 62D as of
308	306		10.12January 1, 2012; and
309	307		10.13 (iv) at least 100 percent of the minimum amount required under chapter 62D as of January
310	308		10.141, 2013; and
311	309		10.15 (2) for a county-based purchasing plan first approved after June 30, 2008, the plan must
312	310		10.16have in reserve:
313	311		10.17 (i) at least 50 percent of the minimum amount required under chapter 62D at the time
314	312		10.18the plan begins enrolling enrollees;
315	313		10.19 (ii) at least 75 percent of the minimum amount required under chapter 62D after the first
316	314		10.20full calendar year;
317	315		10.21 (iii) at least 87.5 percent of the minimum amount required under chapter 62D after the
318	316		10.22second full calendar year; and
319	317		10.23 (iv) at least 100 percent of the minimum amount required under chapter 62D after the
320	318		10.24third full calendar year.
321	319		10.25 (c) Until a plan is required to have reserves equaling at least 100 percent of the minimum
322	320		10.26amount required under chapter 62D, the plan may demonstrate its ability to cover any losses
323	321		10.27by satisfying the requirements of chapter 62N. A county-based purchasing plan must also
324	322		10.28assure the commissioner of health that the requirements of sections 62J.041; 62J.48; 62J.71
325	323		10.29to 62J.73; all applicable provisions of chapter 62Q, including sections 62Q.075; 62Q.1055;
326	324		10.3062Q.106; 62Q.12; 62Q.135; 62Q.14; 62Q.145; 62Q.19; 62Q.23, paragraph (c); 62Q.43;
327	325		10.3162Q.47; 62Q.50; 62Q.52 to 62Q.56; 62Q.58; 62Q.68 to 62Q.72; and 72A.201 will be met.
328	326		10Sec. 9.
329		-	REVISOR SGS H0091-2HF91 ~~SECOND~~ ENGROSSMENT 11.1 (d) All enforcement and rulemaking powers available under chapters 62D, 62J, 62N,
	327	+	REVISOR SGS H0091-1HF91 FIRST ENGROSSMENT 11.1 (d) All enforcement and rulemaking powers available under chapters 62D, 62J, 62N,
330	328		11.2and 62Q are hereby granted to the commissioner of health with respect to counties that
331	329		11.3purchase medical assistance services under this section.
332	330		11.4 (e) The commissioner, in consultation with county government, shall develop
333	331		11.5administrative and financial reporting requirements for county-based purchasing programs
334	332		11.6relating to sections 62D.041, 62D.042, 62D.045, 62D.08, 62N.28, 62N.29, and 62N.31,
335	333		11.7and other sections as necessary, that are specific to county administrative, accounting, and
336	334		11.8reporting systems and consistent with other statutory requirements of counties.
337	335		11.9 (f) The commissioner shall collect from a county-based purchasing plan under this
338	336		11.10section the following fees:
339	337		11.11 (1) fees attributable to the costs of audits and other examinations of plan financial
340	338		11.12operations. These fees are subject to the provisions of Minnesota Rules, part 4685.2800,
341	339		11.13subpart 1, item F; and
342	340		11.14 (2) an annual fee of $21,500, to be paid by June 15 of each calendar year.
343	341		11.15All fees collected under this paragraph shall be deposited in the state government special
344	342		11.16revenue fund.
345	343		11.17 EFFECTIVE DATE.This section is effective the day following final enactment.
346	344		11.18Sec. 10. Minnesota Statutes 2022, section 256L.03, subdivision 1, is amended to read:
347	345		11.19 Subdivision 1.Covered health services.(a) "Covered health services" means the health
348	346		11.20services reimbursed under chapter 256B, with the exception of special education services,
349	347		11.21home care nursing services, adult dental care services other than services covered under
350	348		11.22section 256B.0625, subdivision 9, orthodontic services, nonemergency medical transportation
351	349		11.23services, personal care assistance and case management services, community first services
352	350		11.24and supports under section 256B.85, behavioral health home services under section
353	351		11.25256B.0757, housing stabilization services under section 256B.051, and nursing home or
354	352		11.26intermediate care facilities services.
355	353		11.27 (b) No public funds shall be used for coverage of abortion under MinnesotaCare except
356	354		11.28where the life of the female would be endangered or substantial and irreversible impairment
357	355		11.29of a major bodily function would result if the fetus were carried to term; or where the
358	356		11.30pregnancy is the result of rape or incest.
359	357		11.31 (c) (b) Covered health services shall be expanded as provided in this section.
360	358		11Sec. 10.
361		-	REVISOR SGS H0091-2HF91 ~~SECOND~~ ENGROSSMENT 12.1 (d) (c) For the purposes of covered health services under this section, "child" means an
	359	+	REVISOR SGS H0091-1HF91 FIRST ENGROSSMENT 12.1 (d) (c) For the purposes of covered health services under this section, "child" means an
362	360		12.2individual younger than 19 years of age.
363	361		12.3 EFFECTIVE DATE.This section is effective the day following final enactment.
364	362		12.4 Sec. 11. Minnesota Statutes 2022, section 518A.39, subdivision 2, is amended to read:
365	363		12.5 Subd. 2.Modification.(a) The terms of an order respecting maintenance or support
366	364		12.6may be modified upon a showing of one or more of the following, any of which makes the
367	365		12.7terms unreasonable and unfair: (1) substantially increased or decreased gross income of an
368	366		12.8obligor or obligee; (2) substantially increased or decreased need of an obligor or obligee or
369	367		12.9the child or children that are the subject of these proceedings; (3) receipt of assistance under
370	368		12.10the AFDC program formerly codified under sections 256.72 to 256.87 or 256B.01 to 256B.40
371	369		12.11256B.39, or chapter 256J or 256K; (4) a change in the cost of living for either party as
372	370		12.12measured by the federal Bureau of Labor Statistics; (5) extraordinary medical expenses of
373	371		12.13the child not provided for under section 518A.41; (6) a change in the availability of
374	372		12.14appropriate health care coverage or a substantial increase or decrease in health care coverage
375	373		12.15costs; (7) the addition of work-related or education-related child care expenses of the obligee
376	374		12.16or a substantial increase or decrease in existing work-related or education-related child care
377	375		12.17expenses; or (8) upon the emancipation of the child, as provided in subdivision 5.
378	376		12.18 (b) It is presumed that there has been a substantial change in circumstances under
379	377		12.19paragraph (a) and the terms of a current support order shall be rebuttably presumed to be
380	378		12.20unreasonable and unfair if:
381	379		12.21 (1) the application of the child support guidelines in section 518A.35, to the current
382	380		12.22circumstances of the parties results in a calculated court order that is at least 20 percent and
383	381		12.23at least $75 per month higher or lower than the current support order or, if the current support
384	382		12.24order is less than $75, it results in a calculated court order that is at least 20 percent per
385	383		12.25month higher or lower;
386	384		12.26 (2) the medical support provisions of the order established under section 518A.41 are
387	385		12.27not enforceable by the public authority or the obligee;
388	386		12.28 (3) health coverage ordered under section 518A.41 is not available to the child for whom
389	387		12.29the order is established by the parent ordered to provide;
390	388		12.30 (4) the existing support obligation is in the form of a statement of percentage and not a
391	389		12.31specific dollar amount;
392	390		12.32 (5) the gross income of an obligor or obligee has decreased by at least 20 percent through
393	391		12.33no fault or choice of the party; or
394	392		12Sec. 11.
395		-	REVISOR SGS H0091-2HF91 ~~SECOND~~ ENGROSSMENT 13.1 (6) a deviation was granted based on the factor in section 518A.43, subdivision 1, clause
	393	+	REVISOR SGS H0091-1HF91 FIRST ENGROSSMENT 13.1 (6) a deviation was granted based on the factor in section 518A.43, subdivision 1, clause
396	394		13.2(4), and the child no longer resides in a foreign country or the factor is otherwise no longer
397	395		13.3applicable.
398	396		13.4 (c) A child support order is not presumptively modifiable solely because an obligor or
399	397		13.5obligee becomes responsible for the support of an additional nonjoint child, which is born
400	398		13.6after an existing order. Section 518A.33 shall be considered if other grounds are alleged
401	399		13.7which allow a modification of support.
402	400		13.8 (d) If child support was established by applying a parenting expense adjustment or
403	401		13.9presumed equal parenting time calculation under previously existing child support guidelines
404	402		13.10and there is no parenting plan or order from which overnights or overnight equivalents can
405	403		13.11be determined, there is a rebuttable presumption that the established adjustment or calculation
406	404		13.12will continue after modification so long as the modification is not based on a change in
407	405		13.13parenting time. In determining an obligation under previously existing child support
408	406		13.14guidelines, it is presumed that the court shall:
409	407		13.15 (1) if a 12 percent parenting expense adjustment was applied, multiply the obligor's
410	408		13.16share of the combined basic support obligation calculated under section 518A.34, paragraph
411	409		13.17(b), clause (5), by 0.88; or
412	410		13.18 (2) if the parenting time was presumed equal but the parents' parental incomes for
413	411		13.19determining child support were not equal:
414	412		13.20 (i) multiply the combined basic support obligation under section 518A.34, paragraph
415	413		13.21(b), clause (5), by 0.75;
416	414		13.22 (ii) prorate the amount under item (i) between the parents based on each parent's
417	415		13.23proportionate share of the combined PICS; and
418	416		13.24 (iii) subtract the lower amount from the higher amount.
419	417		13.25 (e) On a motion for modification of maintenance, including a motion for the extension
420	418		13.26of the duration of a maintenance award, the court shall apply, in addition to all other relevant
421	419		13.27factors, the factors for an award of maintenance under section 518.552 that exist at the time
422	420		13.28of the motion. On a motion for modification of support, the court:
423	421		13.29 (1) shall apply section 518A.35, and shall not consider the financial circumstances of
424	422		13.30each party's spouse, if any; and
425	423		13.31 (2) shall not consider compensation received by a party for employment in excess of a
426	424		13.3240-hour work week, provided that the party demonstrates, and the court finds, that:
427	425		13Sec. 11.
428		-	REVISOR SGS H0091-2HF91 ~~SECOND~~ ENGROSSMENT 14.1 (i) the excess employment began after entry of the existing support order;
	426	+	REVISOR SGS H0091-1HF91 FIRST ENGROSSMENT 14.1 (i) the excess employment began after entry of the existing support order;
429	427		14.2 (ii) the excess employment is voluntary and not a condition of employment;
430	428		14.3 (iii) the excess employment is in the nature of additional, part-time employment, or
431	429		14.4overtime employment compensable by the hour or fractions of an hour;
432	430		14.5 (iv) the party's compensation structure has not been changed for the purpose of affecting
433	431		14.6a support or maintenance obligation;
434	432		14.7 (v) in the case of an obligor, current child support payments are at least equal to the
435	433		14.8guidelines amount based on income not excluded under this clause; and
436	434		14.9 (vi) in the case of an obligor who is in arrears in child support payments to the obligee,
437	435		14.10any net income from excess employment must be used to pay the arrearages until the
438	436		14.11arrearages are paid in full.
439	437		14.12 (f) A modification of support or maintenance, including interest that accrued pursuant
440	438		14.13to section 548.091, may be made retroactive only with respect to any period during which
441	439		14.14the petitioning party has pending a motion for modification but only from the date of service
442	440		14.15of notice of the motion on the responding party and on the public authority if public assistance
443	441		14.16is being furnished or the county attorney is the attorney of record, unless the court adopts
444	442		14.17an alternative effective date under paragraph (l). The court's adoption of an alternative
445	443		14.18effective date under paragraph (l) shall not be considered a retroactive modification of
446	444		14.19maintenance or support.
447	445		14.20 (g) Except for an award of the right of occupancy of the homestead, provided in section
448	446		14.21518.63, all divisions of real and personal property provided by section 518.58 shall be final,
449	447		14.22and may be revoked or modified only where the court finds the existence of conditions that
450	448		14.23justify reopening a judgment under the laws of this state, including motions under section
451	449		14.24518.145, subdivision 2. The court may impose a lien or charge on the divided property at
452	450		14.25any time while the property, or subsequently acquired property, is owned by the parties or
453	451		14.26either of them, for the payment of maintenance or support money, or may sequester the
454	452		14.27property as is provided by section 518A.71.
455	453		14.28 (h) The court need not hold an evidentiary hearing on a motion for modification of
456	454		14.29maintenance or support.
457	455		14.30 (i) Sections 518.14 and 518A.735 shall govern the award of attorney fees for motions
458	456		14.31brought under this subdivision.
459	457		14Sec. 11.
460		-	REVISOR SGS H0091-2HF91 ~~SECOND~~ ENGROSSMENT 15.1 (j) An enactment, amendment, or repeal of law constitutes a substantial change in the
	458	+	REVISOR SGS H0091-1HF91 FIRST ENGROSSMENT 15.1 (j) An enactment, amendment, or repeal of law constitutes a substantial change in the
461	459		15.2circumstances for purposes of modifying a child support order when it meets the standards
462	460		15.3for modification in this section.
463	461		15.4 (k) On the first modification following implementation of amended child support
464	462		15.5guidelines, the modification of basic support may be limited if the amount of the full variance
465	463		15.6would create hardship for either the obligor or the obligee. Hardship includes, but is not
466	464		15.7limited to, eligibility for assistance under chapter 256J.
467	465		15.8 (l) The court may select an alternative effective date for a maintenance or support order
468	466		15.9if the parties enter into a binding agreement for an alternative effective date.
469	467		15.10 EFFECTIVE DATE.This section is effective the day following final enactment.
470	468		15.11Sec. 12. Minnesota Statutes 2022, section 609.269, is amended to read:
471	469		15.12 609.269 EXCEPTION.
472		-	15.13 Sections 609.2661 to 609.268 do not apply to any act described in section 145.412. a
473		-	15.14person providing reproductive health care offered, arranged, or furnished:
474		-	15.15 (1) for the purpose of terminating a pregnancy; and
475		-	15.16 (2) with the consent of the pregnant individual or the pregnant individual's representative,
476		-	15.17except in a medical emergency in which consent cannot be obtained.
477		-	15.18 EFFECTIVE DATE.This section is effective the day following final enactment.
478		-	15.19Sec. 13. Minnesota Statutes 2022, section 617.22, is amended to read:
479		-	15.20 617.22 CONCEALING BIRTH.
480		-	15.21 Every Any person who shall endeavor attempts to conceal the birth of a child by any
481		-	15.22disposition of its dead body, whether when the child died before or after its birth, shall be
482		-	15.23guilty of a misdemeanor. Every person who, having been convicted of endeavoring to
483		-	15.24conceal the stillbirth of any issue, or the death of any issue under the age of two years, shall,
484		-	15.25subsequent to that conviction, endeavor to conceal any subsequent birth or death, shall be
485		-	15.26punished by imprisonment for not more than five years. This section does not apply to the
486		-	15.27disposition of remains resulting from an abortion or miscarriage.
487		-	15.28 EFFECTIVE DATE.This section is effective the day following final enactment.
488		-	15Sec. 13.
489		-	REVISOR SGS H0091-2HF91 SECOND ENGROSSMENT 16.1 Sec. 14. Minnesota Statutes 2022, section 617.26, is amended to read:
490		-	16.2 617.26 MAILING AND CARRYING OBSCENE MATTER.
491		-	16.3 Every person who shall deposit or cause to be deposited in any post office in the state,
492		-	16.4or place in charge of any express company or other common carrier or person for
493		-	16.5transportation, any of the articles or things specified in section 617.201 or 617.241, or any
494		-	16.6circular, book, pamphlet, advertisement or notice relating thereto, with the intent of having
495		-	16.7the same conveyed by mail, express, or in any other manner; or who shall knowingly or
496		-	16.8willfully receive the same with intent to carry or convey it, or shall knowingly carry or
497		-	16.9convey the same by express, or in any other manner except by United States mail, shall be
498		-	16.10guilty of a misdemeanor. The provisions of this section and section 617.201 shall not be
499		-	16.11construed to apply to an article or instrument used by physicians lawfully practicing, or by
500		-	16.12their direction or prescription, for the cure or prevention of disease.
501		-	16.13 EFFECTIVE DATE.This section is effective the day following final enactment.
502		-	16.14Sec. 15. REPEALER.
503		-	16.15 (a) Minnesota Statutes 2022, sections 62Q.145; 144.343, subdivisions 2, 3, 4, 5, 6, and
504		-	16.167; 145.1621; 145.411, subdivisions 2 and 4; 145.412; 145.413, subdivisions 2 and 3;
505		-	16.17145.4131; 145.4132; 145.4133; 145.4134; 145.4135; 145.4136; 145.415; 145.416; 145.423;
506		-	16.18145.4241; 145.4242; 145.4243; 145.4244; 145.4245; 145.4246; 145.4247; 145.4248;
507		-	16.19145.4249; 145.925, subdivisions 2 and 4; 256B.011; 256B.40; 261.28; 393.07, subdivision
508		-	16.2011; 609.293, subdivisions 1 and 5; 609.34; 609.36; 617.20; 617.201; 617.202; 617.21;
509		-	16.21617.28; and 617.29, are repealed.
510		-	16.22 (b) Minnesota Rules, parts 4615.3600; and 9505.0235, are repealed.
511		-	16.23 EFFECTIVE DATE.This section is effective the day following final enactment.
	470	+	15.13 Sections 609.2661 to 609.268 do not apply to any act described in section 145.412
	471	+	15.14145.411, subdivision 5.
	472	+	15.15 EFFECTIVE DATE.This section is effective the day following final enactment.
	473	+	15.16Sec. 13. Minnesota Statutes 2022, section 617.22, is amended to read:
	474	+	15.17 617.22 CONCEALING BIRTH.
	475	+	15.18 Every Any person who shall endeavor attempts to conceal the birth of a child by any
	476	+	15.19disposition of its dead body, whether when the child died before or after its birth, shall be
	477	+	15.20guilty of a misdemeanor. Every person who, having been convicted of endeavoring to
	478	+	15.21conceal the stillbirth of any issue, or the death of any issue under the age of two years, shall,
	479	+	15.22subsequent to that conviction, endeavor to conceal any subsequent birth or death, shall be
	480	+	15.23punished by imprisonment for not more than five years. This section does not apply to the
	481	+	15.24disposition of remains resulting from an abortion or miscarriage.
	482	+	15.25 EFFECTIVE DATE.This section is effective the day following final enactment.
	483	+	15.26Sec. 14. Minnesota Statutes 2022, section 617.26, is amended to read:
	484	+	15.27 617.26 MAILING AND CARRYING OBSCENE MATTER.
	485	+	15.28 Every person who shall deposit or cause to be deposited in any post office in the state,
	486	+	15.29or place in charge of any express company or other common carrier or person for
	487	+	15.30transportation, any of the articles or things specified in section 617.201 or 617.241, or any
	488	+	15Sec. 14.
	489	+	REVISOR SGS H0091-1HF91 FIRST ENGROSSMENT 16.1circular, book, pamphlet, advertisement or notice relating thereto, with the intent of having
	490	+	16.2the same conveyed by mail, express, or in any other manner; or who shall knowingly or
	491	+	16.3willfully receive the same with intent to carry or convey it, or shall knowingly carry or
	492	+	16.4convey the same by express, or in any other manner except by United States mail, shall be
	493	+	16.5guilty of a misdemeanor. The provisions of this section and section 617.201 shall not be
	494	+	16.6construed to apply to an article or instrument used by physicians lawfully practicing, or by
	495	+	16.7their direction or prescription, for the cure or prevention of disease.
	496	+	16.8 EFFECTIVE DATE.This section is effective the day following final enactment.
	497	+	16.9 Sec. 15. REPEALER.
	498	+	16.10 (a) Minnesota Statutes 2022, sections 62Q.145; 144.343, subdivisions 2, 3, 4, 5, 6, and
	499	+	16.117; 145.1621; 145.411, subdivisions 2 and 4; 145.412; 145.413, subdivisions 2 and 3;
	500	+	16.12145.4131; 145.4132; 145.4133; 145.4134; 145.4135; 145.4136; 145.415; 145.416; 145.423;
	501	+	16.13145.4241; 145.4242; 145.4243; 145.4244; 145.4245; 145.4246; 145.4247; 145.4248;
	502	+	16.14145.4249; 145.925, subdivisions 2 and 4; 256B.011; 256B.40; 261.28; 393.07, subdivision
	503	+	16.1511; 609.293, subdivisions 1 and 5; 609.34; 609.36; 617.20; 617.201; 617.202; 617.21;
	504	+	16.16617.28; and 617.29, are repealed.
	505	+	16.17 (b) Minnesota Rules, parts 4615.3600; and 9505.0235, are repealed.
	506	+	16.18 EFFECTIVE DATE.This section is effective the day following final enactment.
512	507		16Sec. 15.
513		-	REVISOR SGS H0091-2HF91 ~~SECOND~~ ENGROSSMENT 62Q.145 ABORTION AND SCOPE OF PRACTICE.
	508	+	REVISOR SGS H0091-1HF91 FIRST ENGROSSMENT 62Q.145 ABORTION AND SCOPE OF PRACTICE.
514	509		Health plan company policies related to scope of practice for allied independent health providers,
515	510		midlevel practitioners as defined in section 144.1501, subdivision 1, and other nonphysician health
516	511		care professionals must comply with the requirements governing the performance of abortions in
517	512		section 145.412, subdivision 1.
518	513		144.343 PREGNANCY, VENEREAL DISEASE, ALCOHOL OR DRUG ABUSE,
519	514		ABORTION.
520	515		Subd. 2.Notification concerning abortion.Notwithstanding the provisions of section 13.02,
521	516		subdivision 8, no abortion operation shall be performed upon an unemancipated minor or upon a
522	517		woman for whom a guardian has been appointed pursuant to sections 524.5-101 to 524.5-502
523	518		because of a finding of incapacity, until at least 48 hours after written notice of the pending operation
524	519		has been delivered in the manner specified in subdivisions 2 to 4.
525	520		(a) The notice shall be addressed to the parent at the usual place of abode of the parent and
526	521		delivered personally to the parent by the physician or an agent.
527	522		(b) In lieu of the delivery required by paragraph (a), notice shall be made by certified mail
528	523		addressed to the parent at the usual place of abode of the parent with return receipt requested and
529	524		restricted delivery to the addressee which means postal employee can only deliver the mail to the
530	525		authorized addressee. Time of delivery shall be deemed to occur at 12 o'clock noon on the next day
531	526		on which regular mail delivery takes place, subsequent to mailing.
532	527		Subd. 3.Parent, abortion; definitions.(a) For purposes of this section, "parent" means both
533	528		parents of the pregnant woman if they are both living, one parent of the pregnant woman if only
534	529		one is living or if the second one cannot be located through reasonably diligent effort, or the guardian
535	530		or conservator if the pregnant woman has one.
536	531		(b) For purposes of this section, "abortion" means the use of any means to terminate the
537	532		pregnancy of a woman known to be pregnant with knowledge that the termination with those means
538	533		will, with reasonable likelihood, cause the death of the fetus and "fetus" means any individual
539	534		human organism from fertilization until birth.
540	535		Subd. 4.Limitations.No notice shall be required under this section if:
541	536		(1) the attending physician certifies in the pregnant woman's medical record that the abortion
542	537		is necessary to prevent the woman's death and there is insufficient time to provide the required
543	538		notice; or
544	539		(2) the abortion is authorized in writing by the person or persons who are entitled to notice; or
545	540		(3) the pregnant minor woman declares that she is a victim of sexual abuse, neglect, or physical
546	541		abuse as defined in chapter 260E. Notice of that declaration shall be made to the proper authorities
547	542		as provided in section 260E.06.
548	543		Subd. 5.Penalty.Performance of an abortion in violation of this section shall be a misdemeanor
549	544		and shall be grounds for a civil action by a person wrongfully denied notification. A person shall
550	545		not be held liable under this section if the person establishes by written evidence that the person
551	546		relied upon evidence sufficient to convince a careful and prudent person that the representations of
552	547		the pregnant woman regarding information necessary to comply with this section are bona fide and
553	548		true, or if the person has attempted with reasonable diligence to deliver notice, but has been unable
554	549		to do so.
555	550		Subd. 6.Substitute notification provisions.If subdivision 2 of this law is ever temporarily or
556	551		permanently restrained or enjoined by judicial order, subdivision 2 shall be enforced as though the
557	552		following paragraph were incorporated as paragraph (c) of that subdivision; provided, however,
558	553		that if such temporary or permanent restraining order or injunction is ever stayed or dissolved, or
559	554		otherwise ceases to have effect, subdivision 2 shall have full force and effect, without being modified
560	555		by the addition of the following substitute paragraph which shall have no force or effect until or
561	556		unless an injunction or restraining order is again in effect.
562	557		(c)(1) If such a pregnant woman elects not to allow the notification of one or both of her parents
563	558		or guardian or conservator, any judge of a court of competent jurisdiction shall, upon petition, or
564	559		motion, and after an appropriate hearing, authorize a physician to perform the abortion if said judge
565	560		determines that the pregnant woman is mature and capable of giving informed consent to the
566	561		proposed abortion. If said judge determines that the pregnant woman is not mature, or if the pregnant
567	562		woman does not claim to be mature, the judge shall determine whether the performance of an
568	563		1R
569	564		APPENDIX
570		-	Repealed Minnesota Statutes: H0091-2 abortion upon her without notification of her parents, guardian, or conservator would be in her best
	565	+	Repealed Minnesota Statutes: H0091-1 abortion upon her without notification of her parents, guardian, or conservator would be in her best
571	566		interests and shall authorize a physician to perform the abortion without such notification if said
572	567		judge concludes that the pregnant woman's best interests would be served thereby.
573	568		(2) Such a pregnant woman may participate in proceedings in the court on her own behalf, and
574	569		the court may appoint a guardian ad litem for her. The court shall, however, advise her that she has
575	570		a right to court appointed counsel, and shall, upon her request, provide her with such counsel.
576	571		(3) Proceedings in the court under this section shall be confidential and shall be given such
577	572		precedence over other pending matters so that the court may reach a decision promptly and without
578	573		delay so as to serve the best interests of the pregnant woman. A judge of the court who conducts
579	574		proceedings under this section shall make in writing specific factual findings and legal conclusions
580	575		supporting the decision and shall order a record of the evidence to be maintained including the
581	576		judge's own findings and conclusions.
582	577		(4) An expedited confidential appeal shall be available to any such pregnant woman for whom
583	578		the court denies an order authorizing an abortion without notification. An order authorizing an
584	579		abortion without notification shall not be subject to appeal. No filing fees shall be required of any
585	580		such pregnant woman at either the trial or the appellate level. Access to the trial court for the
586	581		purposes of such a petition or motion, and access to the appellate courts for purposes of making an
587	582		appeal from denial of the same, shall be afforded such a pregnant woman 24 hours a day, seven
588	583		days a week.
589	584		Subd. 7.Severability.If any provision, word, phrase or clause of this section or the application
590	585		thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the
591	586		provisions, words, phrases, clauses or application of this section which can be given effect without
592	587		the invalid provision, word, phrase, clause, or application, and to this end the provisions, words,
593	588		phrases, and clauses of this section are declared to be severable.
594	589		145.1621 DISPOSITION OF ABORTED OR MISCARRIED FETUSES.
595	590		Subdivision 1.Purpose.The purpose of this section is to protect the public health and welfare
596	591		by providing for the dignified and sanitary disposition of the remains of aborted or miscarried
597	592		human fetuses in a uniform manner and to declare violations of this section to be a public nuisance.
598	593		Subd. 2.Definition; remains of a human fetus.For the purposes of this section, the term
599	594		"remains of a human fetus" means the remains of the dead offspring of a human being that has
600	595		reached a stage of development so that there are cartilaginous structures, fetal or skeletal parts after
601	596		an abortion or miscarriage, whether or not the remains have been obtained by induced, spontaneous,
602	597		or accidental means.
603	598		Subd. 3.Regulation of disposal.Remains of a human fetus resulting from an abortion or
604	599		miscarriage, induced or occurring accidentally or spontaneously at a hospital, clinic, or medical
605	600		facility must be deposited or disposed of in this state only at the place and in the manner provided
606	601		by this section or, if not possible, as directed by the commissioner of health.
607	602		Subd. 4.Disposition; tests.Hospitals, clinics, and medical facilities in which abortions are
608	603		induced or occur spontaneously or accidentally and laboratories to which the remains of human
609	604		fetuses are delivered must provide for the disposal of the remains by cremation, interment by burial,
610	605		or in a manner directed by the commissioner of health. The hospital, clinic, medical facility, or
611	606		laboratory may complete laboratory tests necessary for the health of the woman or her future
612	607		offspring or for purposes of a criminal investigation or determination of parentage prior to disposing
613	608		of the remains.
614	609		Subd. 5.Violation; penalty.Failure to comply with this section constitutes a public nuisance.
615	610		A person, firm, or corporation failing to comply with this section is guilty of a misdemeanor.
616	611		Subd. 6.Exclusions.To comply with this section, a religious service or ceremony is not required
617	612		as part of the disposition of the remains of a human fetus, and no discussion of the method of
618	613		disposition is required with the woman obtaining an induced abortion.
619	614		145.411 REGULATION OF ABORTIONS; DEFINITIONS.
620	615		Subd. 2.Viable."Viable" means able to live outside the womb even though artificial aid may
621	616		be required. During the second half of its gestation period a fetus shall be considered potentially
622	617		"viable."
623	618		2R
624	619		APPENDIX
625		-	Repealed Minnesota Statutes: H0091-2 Subd. 4.Abortion facility."Abortion facility" means those places properly recognized and
	620	+	Repealed Minnesota Statutes: H0091-1 Subd. 4.Abortion facility."Abortion facility" means those places properly recognized and
626	621		licensed by the state commissioner of health under lawful rules promulgated by the commissioner
627	622		for the performance of abortions.
628	623		145.412 CRIMINAL ACTS.
629	624		Subdivision 1.Requirements.It shall be unlawful to willfully perform an abortion unless the
630	625		abortion is performed:
631	626		(1) by a physician licensed to practice medicine pursuant to chapter 147, or a physician in
632	627		training under the supervision of a licensed physician;
633	628		(2) in a hospital or abortion facility if the abortion is performed after the first trimester;
634	629		(3) in a manner consistent with the lawful rules promulgated by the state commissioner of health;
635	630		and
636	631		(4) with the consent of the woman submitting to the abortion after a full explanation of the
637	632		procedure and effect of the abortion.
638	633		Subd. 2.Unconsciousness; lifesaving.It shall be unlawful to perform an abortion upon a woman
639	634		who is unconscious except if the woman has been rendered unconscious for the purpose of having
640	635		an abortion or if the abortion is necessary to save the life of the woman.
641	636		Subd. 3.Viability.It shall be unlawful to perform an abortion when the fetus is potentially
642	637		viable unless:
643	638		(1) the abortion is performed in a hospital;
644	639		(2) the attending physician certifies in writing that in the physician's best medical judgment the
645	640		abortion is necessary to preserve the life or health of the pregnant woman; and
646	641		(3) to the extent consistent with sound medical practice the abortion is performed under
647	642		circumstances which will reasonably assure the live birth and survival of the fetus.
648	643		Subd. 4.Penalty.A person who performs an abortion in violation of this section is guilty of a
649	644		felony.
650	645		145.413 RECORDING AND REPORTING HEALTH DATA.
651	646		Subd. 2.Death of woman.If any woman who has had an abortion dies from any cause within
652	647		30 days of the abortion or from any cause potentially related to the abortion within 90 days of the
653	648		abortion, that fact shall be reported to the state commissioner of health.
654	649		Subd. 3.Penalty.A physician who performs an abortion and who fails to comply with
655	650		subdivision 1 and transmit the required information to the state commissioner of health within 30
656	651		days after the abortion is guilty of a misdemeanor.
657	652		145.4131 RECORDING AND REPORTING ABORTION DATA.
658	653		Subdivision 1.Forms.(a) Within 90 days of July 1, 1998, the commissioner shall prepare a
659	654		reporting form for use by physicians or facilities performing abortions. A copy of this section shall
660	655		be attached to the form. A physician or facility performing an abortion shall obtain a form from the
661	656		commissioner.
662	657		(b) The form shall require the following information:
663	658		(1) the number of abortions performed by the physician in the previous calendar year, reported
664	659		by month;
665	660		(2) the method used for each abortion;
666	661		(3) the approximate gestational age expressed in one of the following increments:
667	662		(i) less than nine weeks;
668	663		(ii) nine to ten weeks;
669	664		(iii) 11 to 12 weeks;
670	665		(iv) 13 to 15 weeks;
671	666		(v) 16 to 20 weeks;
672	667		3R
673	668		APPENDIX
674		-	Repealed Minnesota Statutes: H0091-2 (vi) 21 to 24 weeks;
	669	+	Repealed Minnesota Statutes: H0091-1 (vi) 21 to 24 weeks;
675	670		(vii) 25 to 30 weeks;
676	671		(viii) 31 to 36 weeks; or
677	672		(ix) 37 weeks to term;
678	673		(4) the age of the woman at the time the abortion was performed;
679	674		(5) the specific reason for the abortion, including, but not limited to, the following:
680	675		(i) the pregnancy was a result of rape;
681	676		(ii) the pregnancy was a result of incest;
682	677		(iii) economic reasons;
683	678		(iv) the woman does not want children at this time;
684	679		(v) the woman's emotional health is at stake;
685	680		(vi) the woman's physical health is at stake;
686	681		(vii) the woman will suffer substantial and irreversible impairment of a major bodily function
687	682		if the pregnancy continues;
688	683		(viii) the pregnancy resulted in fetal anomalies; or
689	684		(ix) unknown or the woman refused to answer;
690	685		(6) the number of prior induced abortions;
691	686		(7) the number of prior spontaneous abortions;
692	687		(8) whether the abortion was paid for by:
693	688		(i) private coverage;
694	689		(ii) public assistance health coverage; or
695	690		(iii) self-pay;
696	691		(9) whether coverage was under:
697	692		(i) a fee-for-service plan;
698	693		(ii) a capitated private plan; or
699	694		(iii) other;
700	695		(10) complications, if any, for each abortion and for the aftermath of each abortion. Space for
701	696		a description of any complications shall be available on the form;
702	697		(11) the medical specialty of the physician performing the abortion;
703	698		(12) if the abortion was performed via telehealth, the facility code for the patient and the facility
704	699		code for the physician; and
705	700		(13) whether the abortion resulted in a born alive infant, as defined in section 145.423,
706	701		subdivision 4, and:
707	702		(i) any medical actions taken to preserve the life of the born alive infant;
708	703		(ii) whether the born alive infant survived; and
709	704		(iii) the status of the born alive infant, should the infant survive, if known.
710	705		Subd. 2.Submission.A physician performing an abortion or a facility at which an abortion is
711	706		performed shall complete and submit the form to the commissioner no later than April 1 for abortions
712	707		performed in the previous calendar year. The annual report to the commissioner shall include the
713	708		methods used to dispose of fetal tissue and remains.
714	709		Subd. 3.Additional reporting.Nothing in this section shall be construed to preclude the
715	710		voluntary or required submission of other reports or forms regarding abortions.
716	711		4R
717	712		APPENDIX
718		-	Repealed Minnesota Statutes: H0091-2 145.4132 RECORDING AND REPORTING ABORTION COMPLICATION DATA.
	713	+	Repealed Minnesota Statutes: H0091-1 145.4132 RECORDING AND REPORTING ABORTION COMPLICATION DATA.
719	714		Subdivision 1.Forms.(a) Within 90 days of July 1, 1998, the commissioner shall prepare an
720	715		abortion complication reporting form for all physicians licensed and practicing in the state. A copy
721	716		of this section shall be attached to the form.
722	717		(b) The Board of Medical Practice shall ensure that the abortion complication reporting form
723	718		is distributed:
724	719		(1) to all physicians licensed to practice in the state, within 120 days after July 1, 1998, and by
725	720		December 1 of each subsequent year; and
726	721		(2) to a physician who is newly licensed to practice in the state, at the same time as official
727	722		notification to the physician that the physician is so licensed.
728	723		Subd. 2.Required reporting.A physician licensed and practicing in the state who knowingly
729	724		encounters an illness or injury that, in the physician's medical judgment, is related to an induced
730	725		abortion or the facility where the illness or injury is encountered shall complete and submit an
731	726		abortion complication reporting form to the commissioner.
732	727		Subd. 3.Submission.A physician or facility required to submit an abortion complication
733	728		reporting form to the commissioner shall do so as soon as practicable after the encounter with the
734	729		abortion-related illness or injury.
735	730		Subd. 4.Additional reporting.Nothing in this section shall be construed to preclude the
736	731		voluntary or required submission of other reports or forms regarding abortion complications.
737	732		145.4133 REPORTING OUT-OF-STATE ABORTIONS.
738	733		The commissioner of human services shall report to the commissioner by April 1 each year the
739	734		following information regarding abortions paid for with state funds and performed out of state in
740	735		the previous calendar year:
741	736		(1) the total number of abortions performed out of state and partially or fully paid for with state
742	737		funds through the medical assistance or MinnesotaCare program, or any other program;
743	738		(2) the total amount of state funds used to pay for the abortions and expenses incidental to the
744	739		abortions; and
745	740		(3) the gestational age at the time of abortion.
746	741		145.4134 COMMISSIONER'S PUBLIC REPORT.
747	742		(a) By July 1 of each year, except for 1998 and 1999 information, the commissioner shall issue
748	743		a public report providing statistics for the previous calendar year compiled from the data submitted
749	744		under sections 145.4131 to 145.4133 and sections 145.4241 to 145.4249. For 1998 and 1999
750	745		information, the report shall be issued October 1, 2000. Each report shall provide the statistics for
751	746		all previous calendar years, adjusted to reflect any additional information from late or corrected
752	747		reports. The commissioner shall ensure that none of the information included in the public reports
753	748		can reasonably lead to identification of an individual having performed or having had an abortion.
754	749		All data included on the forms under sections 145.4131 to 145.4133 and sections 145.4241 to
755	750		145.4249 must be included in the public report, except that the commissioner shall maintain as
756	751		confidential, data which alone or in combination may constitute information from which an individual
757	752		having performed or having had an abortion may be identified using epidemiologic principles.
758	753		(b) The commissioner may, by rules adopted under chapter 14, alter the submission dates
759	754		established under sections 145.4131 to 145.4133 for administrative convenience, fiscal savings, or
760	755		other valid reason, provided that physicians or facilities and the commissioner of human services
761	756		submit the required information once each year and the commissioner issues a report once each
762	757		year.
763	758		145.4135 ENFORCEMENT; PENALTIES.
764	759		(a) If the commissioner finds that a physician or facility has failed to submit the required form
765	760		under section 145.4131 within 60 days following the due date, the commissioner shall notify the
766	761		physician or facility that the form is late. A physician or facility who fails to submit the required
767	762		form under section 145.4131 within 30 days following notification from the commissioner that a
768	763		report is late is subject to a late fee of $500 for each 30-day period, or portion thereof, that the form
769	764		is overdue. If a physician or facility required to report under this section does not submit a report,
770	765		or submits only an incomplete report, more than one year following the due date, the commissioner
771	766		5R
772	767		APPENDIX
773		-	Repealed Minnesota Statutes: H0091-2 may take action to fine the physician or facility or may bring an action to require that the physician
	768	+	Repealed Minnesota Statutes: H0091-1 may take action to fine the physician or facility or may bring an action to require that the physician
774	769		or facility be directed by a court of competent jurisdiction to submit a complete report within a
775	770		period stated by court order or be subject to sanctions for civil contempt. Notwithstanding section
776	771		13.39 to the contrary, action taken by the commissioner to enforce the provision of this section
777	772		shall be treated as private if the data related to this action, alone or in combination, may constitute
778	773		information from which an individual having performed or having had an abortion may be identified
779	774		using epidemiologic principles.
780	775		(b) If the commissioner fails to issue the public report required under section 145.4134 or fails
781	776		in any way to enforce this section, a group of 100 or more citizens of the state may seek an injunction
782	777		in a court of competent jurisdiction against the commissioner requiring that a complete report be
783	778		issued within a period stated by court order or requiring that enforcement action be taken.
784	779		(c) A physician or facility reporting in good faith and exercising due care shall have immunity
785	780		from civil, criminal, or administrative liability that might otherwise result from reporting. A physician
786	781		who knowingly or recklessly submits a false report under this section is guilty of a misdemeanor.
787	782		(d) The commissioner may take reasonable steps to ensure compliance with sections 145.4131
788	783		to 145.4133 and to verify data provided, including but not limited to, inspection of places where
789	784		abortions are performed in accordance with chapter 14.
790	785		(e) The commissioner shall develop recommendations on appropriate penalties and methods of
791	786		enforcement for physicians or facilities who fail to submit the report required under section 145.4132,
792	787		submit an incomplete report, or submit a late report. The commissioner shall also assess the
793	788		effectiveness of the enforcement methods and penalties provided in paragraph (a) and shall
794	789		recommend appropriate changes, if any. These recommendations shall be reported to the chairs of
795	790		the senate Health and Family Security Committee and the house of representatives Health and
796	791		Human Services Committee by November 15, 1998.
797	792		145.4136 SEVERABILITY.
798	793		If any one or more provision, section, subdivision, sentence, clause, phrase, or word in sections
799	794		145.4131 to 145.4135, or the application thereof to any person or circumstance is found to be
800	795		unconstitutional, the same is hereby declared to be severable and the balance of sections 145.4131
801	796		to 145.4135 shall remain effective notwithstanding such unconstitutionality. The legislature hereby
802	797		declares that it would have passed sections 145.4131 to 145.4135, and each provision, section,
803	798		subdivision, sentence, clause, phrase, or word thereof, irrespective of the fact that any one or more
804	799		provision, section, subdivision, sentence, clause, phrase, or word be declared unconstitutional.
805	800		145.415 LIVE FETUS AFTER ABORTION, TREATMENT.
806	801		Subdivision 1.Recognition.A potentially viable fetus which is live born following an attempted
807	802		abortion shall be fully recognized as a human person under the law.
808	803		Subd. 2.Medical care.If an abortion of a potentially viable fetus results in a live birth, the
809	804		responsible medical personnel shall take all reasonable measures, in keeping with good medical
810	805		practice, to preserve the life and health of the live born person.
811	806		Subd. 3.Status.(1) Unless the abortion is performed to save the life of the woman or child, or,
812	807		(2) unless one or both of the parents of the unborn child agrees within 30 days of the birth to accept
813	808		the parental rights and responsibilities for the child if it survives the abortion, whenever an abortion
814	809		of a potentially viable fetus results in a live birth, the child shall be an abandoned ward of the state
815	810		and the parents shall have no parental rights or obligations as if the parental rights had been
816	811		terminated pursuant to section 260C.301. The child shall be provided for pursuant to chapter 256J.
817	812		145.416 LICENSING AND REGULATION OF FACILITIES.
818	813		The state commissioner of health shall license and promulgate rules for facilities as defined in
819	814		section 145.411, subdivision 4, which are organized for purposes of delivering abortion services.
820	815		145.423 ABORTION; LIVE BIRTHS.
821	816		Subdivision 1.Recognition; medical care.A born alive infant as a result of an abortion shall
822	817		be fully recognized as a human person, and accorded immediate protection under the law. All
823	818		reasonable measures consistent with good medical practice, including the compilation of appropriate
824	819		medical records, shall be taken by the responsible medical personnel to preserve the life and health
825	820		of the born alive infant.
826	821		6R
827	822		APPENDIX
828		-	Repealed Minnesota Statutes: H0091-2 Subd. 2.Physician required.When an abortion is performed after the 20th week of pregnancy,
	823	+	Repealed Minnesota Statutes: H0091-1 Subd. 2.Physician required.When an abortion is performed after the 20th week of pregnancy,
829	824		a physician, other than the physician performing the abortion, shall be immediately accessible to
830	825		take all reasonable measures consistent with good medical practice, including the compilation of
831	826		appropriate medical records, to preserve the life and health of any born alive infant that is the result
832	827		of the abortion.
833	828		Subd. 3.Death.If a born alive infant described in subdivision 1 dies after birth, the body shall
834	829		be disposed of in accordance with the provisions of section 145.1621.
835	830		Subd. 4.Definition of born alive infant.(a) In determining the meaning of any Minnesota
836	831		statute, or of any ruling, regulation, or interpretation of the various administrative bureaus and
837	832		agencies of Minnesota, the words "person," "human being," "child," and "individual" shall include
838	833		every infant member of the species Homo sapiens who is born alive at any stage of development.
839	834		(b) As used in this section, the term "born alive," with respect to a member of the species Homo
840	835		sapiens, means the complete expulsion or extraction from his or her mother of that member, at any
841	836		stage of development, who, after such expulsion or extraction, breathes or has a beating heart,
842	837		pulsation of the umbilical cord, or definite movement of voluntary muscles, regardless of whether
843	838		the umbilical cord has been cut, and regardless of whether the expulsion or extraction occurs as a
844	839		result of a natural or induced labor, cesarean section, or induced abortion.
845	840		(c) Nothing in this section shall be construed to affirm, deny, expand, or contract any legal
846	841		status or legal right applicable to any member of the species Homo sapiens at any point prior to
847	842		being born alive, as defined in this section.
848	843		Subd. 5.Civil and disciplinary actions.(a) Any person upon whom an abortion has been
849	844		performed, or the parent or guardian of the mother if the mother is a minor, and the abortion results
850	845		in the infant having been born alive, may maintain an action for death of or injury to the born alive
851	846		infant against the person who performed the abortion if the death or injury was a result of simple
852	847		negligence, gross negligence, wantonness, willfulness, intentional conduct, or another violation of
853	848		the legal standard of care.
854	849		(b) Any responsible medical personnel that does not take all reasonable measures consistent
855	850		with good medical practice to preserve the life and health of the born alive infant, as required by
856	851		subdivision 1, may be subject to the suspension or revocation of that person's professional license
857	852		by the professional board with authority over that person. Any person who has performed an abortion
858	853		and against whom judgment has been rendered pursuant to paragraph (a) shall be subject to an
859	854		automatic suspension of the person's professional license for at least one year and said license shall
860	855		be reinstated only after the person's professional board requires compliance with this section by all
861	856		board licensees.
862	857		(c) Nothing in this subdivision shall be construed to hold the mother of the born alive infant
863	858		criminally or civilly liable for the actions of a physician, nurse, or other licensed health care provider
864	859		in violation of this section to which the mother did not give her consent.
865	860		Subd. 6.Protection of privacy in court proceedings.In every civil action brought under this
866	861		section, the court shall rule whether the anonymity of any female upon whom an abortion has been
867	862		performed or attempted shall be preserved from public disclosure if she does not give her consent
868	863		to such disclosure. The court, upon motion or sua sponte, shall make such a ruling and, upon
869	864		determining that her anonymity should be preserved, shall issue orders to the parties, witnesses,
870	865		and counsel and shall direct the sealing of the record and exclusion of individuals from courtrooms
871	866		or hearing rooms to the extent necessary to safeguard her identity from public disclosure. Each
872	867		order must be accompanied by specific written findings explaining why the anonymity of the female
873	868		should be preserved from public disclosure, why the order is essential to that end, how the order is
874	869		narrowly tailored to serve that interest, and why no reasonable, less restrictive alternative exists.
875	870		This section may not be construed to conceal the identity of the plaintiff or of witnesses from the
876	871		defendant.
877	872		Subd. 7.Status of born alive infant.Unless the abortion is performed to save the life of the
878	873		woman or fetus, or, unless one or both of the parents of the born alive infant agree within 30 days
879	874		of the birth to accept the parental rights and responsibilities for the child, the child shall be an
880	875		abandoned ward of the state and the parents shall have no parental rights or obligations as if the
881	876		parental rights had been terminated pursuant to section 260C.301. The child shall be provided for
882	877		pursuant to chapter 256J.
883	878		Subd. 8.Severability.If any one or more provision, section, subdivision, sentence, clause,
884	879		phrase, or word of this section or the application of it to any person or circumstance is found to be
885	880		7R
886	881		APPENDIX
887		-	Repealed Minnesota Statutes: H0091-2 unconstitutional, it is declared to be severable and the balance of this section shall remain effective
	882	+	Repealed Minnesota Statutes: H0091-1 unconstitutional, it is declared to be severable and the balance of this section shall remain effective
888	883		notwithstanding such unconstitutionality. The legislature intends that it would have passed this
889	884		section, and each provision, section, subdivision, sentence, clause, phrase, or word, regardless of
890	885		the fact that any one provision, section, subdivision, sentence, clause, phrase, or word is declared
891	886		unconstitutional.
892	887		Subd. 9.Short title.This section may be cited as the "Born Alive Infants Protection Act."
893	888		145.4241 DEFINITIONS.
894	889		Subdivision 1.Applicability.As used in sections 145.4241 to 145.4249, the following terms
895	890		have the meanings given them.
896	891		Subd. 2.Abortion."Abortion" means the use or prescription of any instrument, medicine, drug,
897	892		or any other substance or device to intentionally terminate the pregnancy of a female known to be
898	893		pregnant, with an intention other than to increase the probability of a live birth, to preserve the life
899	894		or health of the child after live birth, or to remove a dead fetus.
900	895		Subd. 3.Attempt to perform an abortion."Attempt to perform an abortion" means an act, or
901	896		an omission of a statutorily required act, that, under the circumstances as the actor believes them
902	897		to be, constitutes a substantial step in a course of conduct planned to culminate in the performance
903	898		of an abortion in Minnesota in violation of sections 145.4241 to 145.4249.
904	899		Subd. 3a.Fetal anomaly incompatible with life."Fetal anomaly incompatible with life" means
905	900		a fetal anomaly diagnosed before birth that will with reasonable certainty result in death of the
906	901		unborn child within three months. Fetal anomaly incompatible with life does not include conditions
907	902		which can be treated.
908	903		Subd. 4.Medical emergency."Medical emergency" means any condition that, on the basis of
909	904		the physician's good faith clinical judgment, so complicates the medical condition of a pregnant
910	905		female as to necessitate the immediate abortion of her pregnancy to avert her death or for which a
911	906		delay will create serious risk of substantial and irreversible impairment of a major bodily function.
912	907		Subd. 4a.Perinatal hospice.(a) "Perinatal hospice" means comprehensive support to the female
913	908		and her family that includes support from the time of diagnosis through the time of birth and death
914	909		of the infant and through the postpartum period. Supportive care may include maternal-fetal medical
915	910		specialists, obstetricians, neonatologists, anesthesia specialists, clergy, social workers, and specialty
916	911		nurses.
917	912		(b) The availability of perinatal hospice provides an alternative to families for whom elective
918	913		pregnancy termination is not chosen.
919	914		Subd. 5.Physician."Physician" means a person licensed as a physician or osteopathic physician
920	915		under chapter 147.
921	916		Subd. 6.Probable gestational age of the unborn child."Probable gestational age of the unborn
922	917		child" means what will, in the judgment of the physician, with reasonable probability, be the
923	918		gestational age of the unborn child at the time the abortion is planned to be performed.
924	919		Subd. 7.Stable Internet website."Stable Internet website" means a website that, to the extent
925	920		reasonably practicable, is safeguarded from having its content altered other than by the commissioner
926	921		of health.
927	922		Subd. 8.Unborn child."Unborn child" means a member of the species Homo sapiens from
928	923		fertilization until birth.
929	924		145.4242 INFORMED CONSENT.
930	925		(a) No abortion shall be performed in this state except with the voluntary and informed consent
931	926		of the female upon whom the abortion is to be performed. Except in the case of a medical emergency
932	927		or if the fetus has an anomaly incompatible with life, and the female has declined perinatal hospice
933	928		care, consent to an abortion is voluntary and informed only if:
934	929		(1) the female is told the following, by telephone or in person, by the physician who is to perform
935	930		the abortion or by a referring physician, at least 24 hours before the abortion:
936	931		(i) the particular medical risks associated with the particular abortion procedure to be employed
937	932		including, when medically accurate, the risks of infection, hemorrhage, breast cancer, danger to
938	933		subsequent pregnancies, and infertility;
939	934		(ii) the probable gestational age of the unborn child at the time the abortion is to be performed;
940	935		8R
941	936		APPENDIX
942		-	Repealed Minnesota Statutes: H0091-2 (iii) the medical risks associated with carrying her child to term; and
	937	+	Repealed Minnesota Statutes: H0091-1 (iii) the medical risks associated with carrying her child to term; and
943	938		(iv) for abortions after 20 weeks gestational, whether or not an anesthetic or analgesic would
944	939		eliminate or alleviate organic pain to the unborn child caused by the particular method of abortion
945	940		to be employed and the particular medical benefits and risks associated with the particular anesthetic
946	941		or analgesic.
947	942		The information required by this clause may be provided by telephone without conducting a
948	943		physical examination or tests of the patient, in which case the information required to be provided
949	944		may be based on facts supplied to the physician by the female and whatever other relevant
950	945		information is reasonably available to the physician. It may not be provided by a tape recording,
951	946		but must be provided during a consultation in which the physician is able to ask questions of the
952	947		female and the female is able to ask questions of the physician. If a physical examination, tests, or
953	948		the availability of other information to the physician subsequently indicate, in the medical judgment
954	949		of the physician, a revision of the information previously supplied to the patient, that revised
955	950		information may be communicated to the patient at any time prior to the performance of the abortion.
956	951		Nothing in this section may be construed to preclude provision of required information in a language
957	952		understood by the patient through a translator;
958	953		(2) the female is informed, by telephone or in person, by the physician who is to perform the
959	954		abortion, by a referring physician, or by an agent of either physician at least 24 hours before the
960	955		abortion:
961	956		(i) that medical assistance benefits may be available for prenatal care, childbirth, and neonatal
962	957		care;
963	958		(ii) that the father is liable to assist in the support of her child, even in instances when the father
964	959		has offered to pay for the abortion; and
965	960		(iii) that she has the right to review the printed materials described in section 145.4243, that
966	961		these materials are available on a state-sponsored website, and what the website address is. The
967	962		physician or the physician's agent shall orally inform the female that the materials have been provided
968	963		by the state of Minnesota and that they describe the unborn child, list agencies that offer alternatives
969	964		to abortion, and contain information on fetal pain. If the female chooses to view the materials other
970	965		than on the website, they shall either be given to her at least 24 hours before the abortion or mailed
971	966		to her at least 72 hours before the abortion by certified mail, restricted delivery to addressee, which
972	967		means the postal employee can only deliver the mail to the addressee.
973	968		The information required by this clause may be provided by a tape recording if provision is
974	969		made to record or otherwise register specifically whether the female does or does not choose to
975	970		have the printed materials given or mailed to her;
976	971		(3) the female certifies in writing, prior to the abortion, that the information described in clauses
977	972		(1) and (2) has been furnished to her and that she has been informed of her opportunity to review
978	973		the information referred to in clause (2), item (iii); and
979	974		(4) prior to the performance of the abortion, the physician who is to perform the abortion or the
980	975		physician's agent obtains a copy of the written certification prescribed by clause (3) and retains it
981	976		on file with the female's medical record for at least three years following the date of receipt.
982	977		(b) Prior to administering the anesthetic or analgesic as described in paragraph (a), clause (1),
983	978		item (iv), the physician must disclose to the woman any additional cost of the procedure for the
984	979		administration of the anesthetic or analgesic. If the woman consents to the administration of the
985	980		anesthetic or analgesic, the physician shall administer the anesthetic or analgesic or arrange to have
986	981		the anesthetic or analgesic administered.
987	982		(c) A female seeking an abortion of her unborn child diagnosed with fetal anomaly incompatible
988	983		with life must be informed of available perinatal hospice services and offered this care as an
989	984		alternative to abortion. If perinatal hospice services are declined, voluntary and informed consent
990	985		by the female seeking an abortion is given if the female receives the information required in
991	986		paragraphs (a), clause (1), and (b). The female must comply with the requirements in paragraph
992	987		(a), clauses (3) and (4).
993	988		145.4243 PRINTED INFORMATION.
994	989		(a) Within 90 days after July 1, 2003, the commissioner of health shall cause to be published,
995	990		in English and in each language that is the primary language of two percent or more of the state's
996	991		population, and shall cause to be available on the state website provided for under section 145.4244
997	992		9R
998	993		APPENDIX
999		-	Repealed Minnesota Statutes: H0091-2 the following printed materials in such a way as to ensure that the information is easily
	994	+	Repealed Minnesota Statutes: H0091-1 the following printed materials in such a way as to ensure that the information is easily
1000	995		comprehensible:
1001	996		(1) geographically indexed materials designed to inform the female of public and private agencies
1002	997		and services available to assist a female through pregnancy, upon childbirth, and while the child is
1003	998		dependent, including adoption agencies, which shall include a comprehensive list of the agencies
1004	999		available, a description of the services they offer, and a description of the manner, including telephone
1005	1000		numbers, in which they might be contacted or, at the option of the commissioner of health, printed
1006	1001		materials including a toll-free, 24-hours-a-day telephone number that may be called to obtain, orally
1007	1002		or by a tape recorded message tailored to a zip code entered by the caller, such a list and description
1008	1003		of agencies in the locality of the caller and of the services they offer;
1009	1004		(2) materials designed to inform the female of the probable anatomical and physiological
1010	1005		characteristics of the unborn child at two-week gestational increments from the time when a female
1011	1006		can be known to be pregnant to full term, including any relevant information on the possibility of
1012	1007		the unborn child's survival and pictures or drawings representing the development of unborn children
1013	1008		at two-week gestational increments, provided that any such pictures or drawings must contain the
1014	1009		dimensions of the fetus and must be realistic and appropriate for the stage of pregnancy depicted.
1015	1010		The materials shall be objective, nonjudgmental, and designed to convey only accurate scientific
1016	1011		information about the unborn child at the various gestational ages. The material shall also contain
1017	1012		objective information describing the methods of abortion procedures commonly employed, the
1018	1013		medical risks commonly associated with each procedure, the possible detrimental psychological
1019	1014		effects of abortion, and the medical risks commonly associated with carrying a child to term; and
1020	1015		(3) materials with the following information concerning an unborn child of 20 weeks gestational
1021	1016		age and at two weeks gestational increments thereafter in such a way as to ensure that the information
1022	1017		is easily comprehensible:
1023	1018		(i) the development of the nervous system of the unborn child;
1024	1019		(ii) fetal responsiveness to adverse stimuli and other indications of capacity to experience organic
1025	1020		pain; and
1026	1021		(iii) the impact on fetal organic pain of each of the methods of abortion procedures commonly
1027	1022		employed at this stage of pregnancy.
1028	1023		The material under this clause shall be objective, nonjudgmental, and designed to convey only
1029	1024		accurate scientific information.
1030	1025		(b) The materials referred to in this section must be printed in a typeface large enough to be
1031	1026		clearly legible. The website provided for under section 145.4244 shall be maintained at a minimum
1032	1027		resolution of 70 DPI (dots per inch). All pictures appearing on the website shall be a minimum of
1033	1028		200x300 pixels. All letters on the website shall be a minimum of 11-point font. All information
1034	1029		and pictures shall be accessible with an industry standard browser, requiring no additional plug-ins.
1035	1030		The materials required under this section must be available at no cost from the commissioner of
1036	1031		health upon request and in appropriate number to any person, facility, or hospital.
1037	1032		145.4244 INTERNET WEBSITE.
1038	1033		The commissioner of health shall develop and maintain a stable Internet website to provide the
1039	1034		information described under section 145.4243. No information regarding who uses the website
1040	1035		shall be collected or maintained. The commissioner of health shall monitor the website on a weekly
1041	1036		basis to prevent and correct tampering.
1042	1037		145.4245 PROCEDURE IN CASE OF MEDICAL EMERGENCY .
1043	1038		When a medical emergency compels the performance of an abortion, the physician shall inform
1044	1039		the female, prior to the abortion if possible, of the medical indications supporting the physician's
1045	1040		judgment that an abortion is necessary to avert her death or that a 24-hour delay will create serious
1046	1041		risk of substantial and irreversible impairment of a major bodily function.
1047	1042		145.4246 REPORTING REQUIREMENTS.
1048	1043		Subdivision 1.Reporting form.Within 90 days after July 1, 2003, the commissioner of health
1049	1044		shall prepare a reporting form for physicians containing a reprint of sections 145.4241 to 145.4249
1050	1045		and listing:
1051	1046		(1) the number of females to whom the physician provided the information described in section
1052	1047		145.4242, clause (1); of that number, the number provided by telephone and the number provided
1053	1048		10R
1054	1049		APPENDIX
1055		-	Repealed Minnesota Statutes: H0091-2 in person; and of each of those numbers, the number provided in the capacity of a referring physician
	1050	+	Repealed Minnesota Statutes: H0091-1 in person; and of each of those numbers, the number provided in the capacity of a referring physician
1056	1051		and the number provided in the capacity of a physician who is to perform the abortion;
1057	1052		(2) the number of females to whom the physician or an agent of the physician provided the
1058	1053		information described in section 145.4242, clause (2); of that number, the number provided by
1059	1054		telephone and the number provided in person; of each of those numbers, the number provided in
1060	1055		the capacity of a referring physician and the number provided in the capacity of a physician who
1061	1056		is to perform the abortion; and of each of those numbers, the number provided by the physician
1062	1057		and the number provided by an agent of the physician;
1063	1058		(3) the number of females who availed themselves of the opportunity to obtain a copy of the
1064	1059		printed information described in section 145.4243 other than on the website and the number who
1065	1060		did not; and of each of those numbers, the number who, to the best of the reporting physician's
1066	1061		information and belief, went on to obtain the abortion; and
1067	1062		(4) the number of abortions performed by the physician in which information otherwise required
1068	1063		to be provided at least 24 hours before the abortion was not so provided because an immediate
1069	1064		abortion was necessary to avert the female's death and the number of abortions in which such
1070	1065		information was not so provided because a delay would create serious risk of substantial and
1071	1066		irreversible impairment of a major bodily function.
1072	1067		Subd. 2.Distribution of forms.The commissioner of health shall ensure that copies of the
1073	1068		reporting forms described in subdivision 1 are provided:
1074	1069		(1) by December 1, 2003, and by December 1 of each subsequent year thereafter to all physicians
1075	1070		licensed to practice in this state; and
1076	1071		(2) to each physician who subsequently becomes newly licensed to practice in this state, at the
1077	1072		same time as official notification to that physician that the physician is so licensed.
1078	1073		Subd. 3.Reporting requirement.By April 1, 2005, and by April 1 of each subsequent year
1079	1074		thereafter, each physician who provided, or whose agent provided, information to one or more
1080	1075		females in accordance with section 145.4242 during the previous calendar year shall submit to the
1081	1076		commissioner of health a copy of the form described in subdivision 1 with the requested data entered
1082	1077		accurately and completely.
1083	1078		Subd. 4.Additional reporting.Nothing in this section shall be construed to preclude the
1084	1079		voluntary or required submission of other reports or forms regarding abortions.
1085	1080		Subd. 5.Failure to report as required.Reports that are not submitted by the end of a grace
1086	1081		period of 30 days following the due date shall be subject to a late fee of $500 for each additional
1087	1082		30-day period or portion of a 30-day period they are overdue. Any physician required to report
1088	1083		according to this section who has not submitted a report, or has submitted only an incomplete report,
1089	1084		more than one year following the due date, may, in an action brought by the commissioner of health,
1090	1085		be directed by a court of competent jurisdiction to submit a complete report within a period stated
1091	1086		by court order or be subject to sanctions for civil contempt.
1092	1087		Subd. 6.Public statistics.By July 1, 2005, and by July 1 of each subsequent year thereafter,
1093	1088		the commissioner of health shall issue a public report providing statistics for the previous calendar
1094	1089		year compiled from all of the reports covering that year submitted according to this section for each
1095	1090		of the items listed in subdivision 1. Each report shall also provide the statistics for all previous
1096	1091		calendar years, adjusted to reflect any additional information from late or corrected reports. The
1097	1092		commissioner of health shall take care to ensure that none of the information included in the public
1098	1093		reports could reasonably lead to the identification of any individual providing or provided information
1099	1094		according to section 145.4242.
1100	1095		Subd. 7.Consolidation.The commissioner of health may consolidate the forms or reports
1101	1096		described in this section with other forms or reports to achieve administrative convenience or fiscal
1102	1097		savings or to reduce the burden of reporting requirements.
1103	1098		145.4247 REMEDIES.
1104	1099		Subdivision 1.Civil remedies.Any person upon whom an abortion has been performed without
1105	1100		complying with sections 145.4241 to 145.4249 may maintain an action against the person who
1106	1101		performed the abortion in knowing or reckless violation of sections 145.4241 to 145.4249 for actual
1107	1102		and punitive damages. Any person upon whom an abortion has been attempted without complying
1108	1103		with sections 145.4241 to 145.4249 may maintain an action against the person who attempted to
1109	1104		perform the abortion in knowing or reckless violation of sections 145.4241 to 145.4249 for actual
1110	1105		and punitive damages. No civil liability may be assessed for failure to comply with section 145.4242,
1111	1106		11R
1112	1107		APPENDIX
1113		-	Repealed Minnesota Statutes: H0091-2 clause (2), item (iii), or that portion of section 145.4242, clause (2), requiring written certification
	1108	+	Repealed Minnesota Statutes: H0091-1 clause (2), item (iii), or that portion of section 145.4242, clause (2), requiring written certification
1114	1109		that the female has been informed of her opportunity to review the information referred to in section
1115	1110		145.4242, clause (2), item (iii), unless the commissioner of health has made the printed materials
1116	1111		or website address available at the time the physician or the physician's agent is required to inform
1117	1112		the female of her right to review them.
1118	1113		Subd. 2.Suit to compel statistical report.If the commissioner of health fails to issue the public
1119	1114		report required under section 145.4246, subdivision 6, or fails in any way to enforce Laws 2003,
1120	1115		chapter 14, any group of ten or more citizens of this state may seek an injunction in a court of
1121	1116		competent jurisdiction against the commissioner of health requiring that a complete report be issued
1122	1117		within a period stated by court order. Failure to abide by such an injunction shall subject the
1123	1118		commissioner to sanctions for civil contempt.
1124	1119		Subd. 3.Attorney fees.If judgment is rendered in favor of the plaintiff in any action described
1125	1120		in this section, the court shall also render judgment for reasonable attorney fees in favor of the
1126	1121		plaintiff against the defendant. If judgment is rendered in favor of the defendant and the court finds
1127	1122		that the plaintiff's suit was frivolous and brought in bad faith, the court shall also render judgment
1128	1123		for reasonable attorney fees in favor of the defendant against the plaintiff.
1129	1124		Subd. 4.Protection of privacy in court proceedings.In every civil action brought under
1130	1125		sections 145.4241 to 145.4249, the court shall rule whether the anonymity of any female upon
1131	1126		whom an abortion has been performed or attempted shall be preserved from public disclosure if
1132	1127		she does not give her consent to such disclosure. The court, upon motion or sua sponte, shall make
1133	1128		such a ruling and, upon determining that her anonymity should be preserved, shall issue orders to
1134	1129		the parties, witnesses, and counsel and shall direct the sealing of the record and exclusion of
1135	1130		individuals from courtrooms or hearing rooms to the extent necessary to safeguard her identity from
1136	1131		public disclosure. Each order must be accompanied by specific written findings explaining why
1137	1132		the anonymity of the female should be preserved from public disclosure, why the order is essential
1138	1133		to that end, how the order is narrowly tailored to serve that interest, and why no reasonable, less
1139	1134		restrictive alternative exists. In the absence of written consent of the female upon whom an abortion
1140	1135		has been performed or attempted, anyone, other than a public official, who brings an action under
1141	1136		subdivision 1, shall do so under a pseudonym. This section may not be construed to conceal the
1142	1137		identity of the plaintiff or of witnesses from the defendant.
1143	1138		145.4248 SEVERABILITY.
1144	1139		If any one or more provision, section, subsection, sentence, clause, phrase, or word of sections
1145	1140		145.4241 to 145.4249 or the application thereof to any person or circumstance is found to be
1146	1141		unconstitutional, the same is hereby declared to be severable and the balance of sections 145.4241
1147	1142		to 145.4249 shall remain effective notwithstanding such unconstitutionality. The legislature hereby
1148	1143		declares that it would have passed sections 145.4241 to 145.4249, and each provision, section,
1149	1144		subsection, sentence, clause, phrase, or word thereof, irrespective of the fact that any one or more
1150	1145		provision, section, subsection, sentence, clause, phrase, or word be declared unconstitutional.
1151	1146		145.4249 SUPREME COURT JURISDICTION.
1152	1147		The Minnesota Supreme Court has original jurisdiction over an action challenging the
1153	1148		constitutionality of sections 145.4241 to 145.4249 and shall expedite the resolution of the action.
1154	1149		145.925 FAMILY PLANNING GRANTS.
1155	1150		Subd. 2.Prohibition.The commissioner shall not make special grants pursuant to this section
1156	1151		to any nonprofit corporation which performs abortions. No state funds shall be used under contract
1157	1152		from a grantee to any nonprofit corporation which performs abortions. This provision shall not
1158	1153		apply to hospitals licensed pursuant to sections 144.50 to 144.56, or health maintenance organizations
1159	1154		certified pursuant to chapter 62D.
1160	1155		Subd. 4.Parental notification.Except as provided in sections 144.341 and 144.342, any person
1161	1156		employed to provide family planning services who is paid in whole or in part from funds provided
1162	1157		under this section who advises an abortion or sterilization to any unemancipated minor shall,
1163	1158		following such a recommendation, so notify the parent or guardian of the reasons for such an action.
1164	1159		256B.011 POLICY FOR CHILDBIRTH AND ABORTION FUNDING.
1165	1160		Between normal childbirth and abortion it is the policy of the state of Minnesota that normal
1166	1161		childbirth is to be given preference, encouragement and support by law and by state action, it being
1167	1162		in the best interests of the well being and common good of Minnesota citizens.
1168	1163		12R
1169	1164		APPENDIX
1170		-	Repealed Minnesota Statutes: H0091-2 256B.40 SUBSIDY FOR ABORTIONS PROHIBITED.
	1165	+	Repealed Minnesota Statutes: H0091-1 256B.40 SUBSIDY FOR ABORTIONS PROHIBITED.
1171	1166		No medical assistance funds of this state or any agency, county, municipality or any other
1172	1167		subdivision thereof and no federal funds passing through the state treasury or the state agency shall
1173	1168		be authorized or paid pursuant to this chapter to any person or entity for or in connection with any
1174	1169		abortion that is not eligible for funding pursuant to sections 256B.02, subdivision 8, and 256B.0625.
1175	1170		261.28 SUBSIDY FOR ABORTIONS PROHIBITED.
1176	1171		No funds of this state or any subdivision thereof administered under this chapter shall be
1177	1172		authorized for or in connection with any abortion that is not eligible for funding pursuant to sections
1178	1173		256B.02, subdivision 8, and 256B.0625.
1179	1174		393.07 POWERS AND DUTIES.
1180	1175		Subd. 11.Abortion services; policy and powers.In keeping with the public policy of Minnesota
1181	1176		to give preference to childbirth over abortion, Minnesota local social services agencies shall not
1182	1177		provide any medical assistance grant or reimbursement for any abortion not eligible for funding
1183	1178		pursuant to sections 256B.02, subdivision 8, and 256B.0625.
1184	1179		609.293 SODOMY.
1185	1180		Subdivision 1.Definition."Sodomy" means carnally knowing any person by the anus or by or
1186	1181		with the mouth.
1187	1182		Subd. 5.Consensual acts.Whoever, in cases not coming within the provisions of sections
1188	1183		609.342 or 609.344, voluntarily engages in or submits to an act of sodomy with another may be
1189	1184		sentenced to imprisonment for not more than one year or to payment of a fine of not more than
1190	1185		$3,000, or both.
1191	1186		609.34 FORNICATION.
1192	1187		When any man and single woman have sexual intercourse with each other, each is guilty of
1193	1188		fornication, which is a misdemeanor.
1194	1189		609.36 ADULTERY.
1195	1190		Subdivision 1.Acts constituting.When a married woman has sexual intercourse with a man
1196	1191		other than her husband, whether married or not, both are guilty of adultery and may be sentenced
1197	1192		to imprisonment for not more than one year or to payment of a fine of not more than $3,000, or
1198	1193		both.
1199	1194		Subd. 2.Limitations.No prosecution shall be commenced under this section except on complaint
1200	1195		of the husband or the wife, except when such husband or wife lacks the mental capacity, nor after
1201	1196		one year from the commission of the offense.
1202	1197		Subd. 3.Defense.It is a defense to violation of this section if the marital status of the woman
1203	1198		was not known to the defendant at the time of the act of adultery.
1204	1199		617.20 DRUGS TO PRODUCE MISCARRIAGE.
1205	1200		Whoever shall manufacture, give, or sell an instrument, drug, or medicine, or any other substance,
1206	1201		with intent that the same may be unlawfully used in producing the miscarriage of a woman, shall
1207	1202		be guilty of a felony.
1208	1203		617.201 INDECENT ARTICLES AND INFORMATION.
1209	1204		Every person who shall sell, lend, or give away, or in any manner exhibit, or offer to sell, lend,
1210	1205		or give away, or have in possession with intent to sell, lend, give away, or advertise or offer for
1211	1206		sale, loan, or distribution, any instrument or article, or any drug or medicine for causing unlawful
1212	1207		abortion; or shall write or print, or cause to be written or printed, a card, circular, pamphlet,
1213	1208		advertisement, or notice of any kind, or shall give oral information, stating when, where, how, or
1214	1209		whom, or by what means such article or medicine can be obtained or who manufactures it, shall be
1215	1210		guilty of a gross misdemeanor and punished by imprisonment in the county jail for not more than
1216	1211		one year or by a fine of not more than $3,000, or by both.
1217	1212		617.202 SALE OF ARTICLES RELATING TO PREVENTION OF CONCEPTION OR
1218	1213		DISEASE.
1219	1214		Instruments, articles, drugs or medicines for the prevention of conception or disease may be
1220	1215		sold, offered for sale, distributed or dispensed only by persons or organizations recognized as dealing
1221	1216		13R
1222	1217		APPENDIX
1223		-	Repealed Minnesota Statutes: H0091-2 primarily with health or welfare. Anyone convicted of violation of this section shall be guilty of a
	1218	+	Repealed Minnesota Statutes: H0091-1 primarily with health or welfare. Anyone convicted of violation of this section shall be guilty of a
1224	1219		gross misdemeanor and punished by imprisonment not to exceed one year or by a fine of not more
1225	1220		than $3,000 or both.
1226	1221		617.21 EVIDENCE.
1227	1222		In any prosecution for abortion or attempting abortion, no person shall be excused from testifying
1228	1223		as a witness on the ground that the person's testimony would tend to criminate the person.
1229	1224		617.28 CERTAIN MEDICAL ADVERTISEMENTS.
1230	1225		Subdivision 1.Placing advertisement; penalty.Any person who shall advertise, in the person's
1231	1226		own name or in the name of another person, firm or pretended firm, association, corporation or
1232	1227		pretended corporation, in any newspaper, pamphlet, circular, or other written or printed paper, or
1233	1228		the owner, publisher, or manager of any newspaper or periodical who shall permit to be inserted
1234	1229		or published in any newspaper or periodical owned or controlled by the owner, publisher, or manager,
1235	1230		the treatment or curing of venereal diseases, the restoration of "lost virility" or "lost vitality," or
1236	1231		shall advertise in any manner that the person is a specialist in diseases of the sexual organs, or
1237	1232		diseases caused by sexual weakness, self-abuse, or excessive sexual indulgence, or in any disease
1238	1233		of like causes, or who shall advertise in any manner any medicine, drug compound, appliance or
1239	1234		any means whatever whereby it is claimed that sexual diseases of men and women may be cured
1240	1235		or relieved, or miscarriage or abortion produced, shall be guilty of a gross misdemeanor and shall
1241	1236		be punished by a fine of not less than $50 nor more than $3,000 or by imprisonment in the county
1242	1237		jail for not more than six months.
1243	1238		Subd. 2.Publication; penalty.Any person publishing, distributing, or causing to be distributed
1244	1239		or circulated, any of the advertising matter hereinabove prohibited, shall be guilty of a misdemeanor
1245	1240		and punished as prescribed in subdivision 1.
1246	1241		617.29 EVIDENCE.
1247	1242		The production of any advertisement or advertising matter published or distributed contrary to
1248	1243		the provisions of this section and section 617.28 shall be of itself prima facie evidence of the guilt
1249	1244		of the person advertising to cure any such disease hereinabove mentioned, or of the publishers who
1250	1245		publish any matter such as is herein prohibited.
1251	1246		14R
1252	1247		APPENDIX
1253		-	Repealed Minnesota Statutes: H0091-2 4615.3600REPORTS TO THE COMMISSIONER OF HEALTH.
	1248	+	Repealed Minnesota Statutes: H0091-1 4615.3600REPORTS TO THE COMMISSIONER OF HEALTH.
1254	1249		Subpart 1.Statistical reports.Each ambulatory facility shall submit a written
1255	1250		compilation of statistical data quarterly to the commissioner of health on such forms and in
1256	1251		such manner as the commissioner may prescribe.
1257	1252		Subp. 2.Reporting terminations.An ambulatory facility shall report all pregnancy
1258	1253		terminations performed by its staff as follows:
1259	1254		A.By the tenth of each month all pregnancy terminations performed in the
1260	1255		ambulatory facility during the preceding month shall be reported on forms prescribed by
1261	1256		the commissioner which shall include but not be limited to the following items:
1262	1257		(1)patient's city, county and state of residency;
1263	1258		(2)census tract for city of Minneapolis and city of Saint Paul;
1264	1259		(3)patient or chart number;
1265	1260		(4)age;
1266	1261		(5)race;
1267	1262		(6)marital status;
1268	1263		(7)number of living children;
1269	1264		(8)facility name;
1270	1265		(9)facility address;
1271	1266		(10)number of previous induced pregnancy terminations patient;
1272	1267		(11)estimate of gestational age;
1273	1268		(12)date of pregnancy termination; and
1274	1269		(13)type of termination procedure.
1275	1270		B.All surgery-related or anesthesia-related complications which result in morbidity
1276	1271		or death of a patient shall be reported in writing to the commissioner within 15 days from
1277	1272		the notification to the ambulatory facility of the morbidity or death of the patient.
1278	1273		C.The commissioner shall ensure and maintain confidentiality of all individual
1279	1274		pregnancy termination records.
1280	1275		9505.0235ABORTION SERVICES.
1281	1276		Subpart 1.Definition.For purposes of this part, "abortion related services" means
1282	1277		services provided in connection with an elective abortion except those services which would
1283	1278		otherwise be provided in the course of a pregnancy. Examples of abortion related services
1284	1279		include hospitalization when the abortion is performed in an inpatient setting, the use of a
1285	1280		facility when the abortion is performed in an outpatient setting, counseling about the abortion,
1286	1281		general and local anesthesia provided in connection with the abortion, and antibiotics
1287	1282		provided directly after the abortion.
1288	1283		Medically necessary services that are not considered to be abortion related include
1289	1284		family planning services as defined in part 9505.0280, subpart 1, history and physical
1290	1285		examination, tests for pregnancy and venereal disease, blood tests, rubella titer, ultrasound
1291	1286		tests, rhoGAM(TM), pap smear, and laboratory examinations for the purpose of detecting
1292	1287		fetal abnormalities.
1293	1288		Treatment for infection or other complications of the abortion are covered services.
1294	1289		Subp. 2.Payment limitation.Unless otherwise provided by law, an abortion related
1295	1290		service provided to a recipient is eligible for medical assistance payment if the abortion
1296	1291		meets the conditions in item A, B, or C.
1297	1292		15R
1298	1293		APPENDIX
1299		-	Repealed Minnesota Rules: H0091-2 A.The abortion must be necessary to prevent the death of a pregnant woman who
	1294	+	Repealed Minnesota Rules: H0091-1 A.The abortion must be necessary to prevent the death of a pregnant woman who
1300	1295		has given her written consent to the abortion. If the pregnant woman is physically or legally
1301	1296		incapable of giving her written consent to the procedure, authorization for the abortion must
1302	1297		be obtained as specified in Minnesota Statutes, section 144.343. The necessity of the abortion
1303	1298		to prevent the death of the pregnant woman must be certified in writing by two physicians
1304	1299		before the abortion is performed.
1305	1300		B.The pregnancy is the result of criminal sexual conduct as defined in Minnesota
1306	1301		Statutes, section 609.342, paragraphs (c) to (f). The conduct must be reported to a law
1307	1302		enforcement agency within 48 hours after its occurrence. If the victim is physically unable
1308	1303		to report the criminal sexual conduct within 48 hours after its occurrence, the report must
1309	1304		be made within 48 hours after the victim becomes physically able to report the criminal
1310	1305		sexual conduct.
1311	1306		C.The pregnancy is the result of incest. Before the abortion, the incest and the
1312	1307		name of the relative allegedly committing the incest must be reported to a law enforcement
1313	1308		agency.
1314	1309		16R
1315	1310		APPENDIX
1316		-	Repealed Minnesota Rules: H0091-2
	1311	+	Repealed Minnesota Rules: H0091-1