1.1 A bill for an act
1.2 relating to health care; limiting the release of health records in cases related to
1.3 reproductive health; prohibiting certain acts by certain health-related licensing
1.4 boards; preventing the enforcement of certain judgments related to reproductive
1.5 health; restricting the enforcement of subpoenas issued in cases related to
1.6 reproductive health; creating a cause of action for penalties and court costs for
1.7 lawsuits related to reproductive health; prohibiting extradition of persons charged
1.8 in another state for acts committed or services received in Minnesota related to
1.9 reproductive health; amending Minnesota Statutes 2022, sections 147.091, by
1.10 adding a subdivision; 147A.13, by adding a subdivision; 148.261, by adding a
1.11 subdivision; 629.02; 629.05; 629.06; 629.13; 629.14; proposing coding for new
1.12 law in Minnesota Statutes, chapters 144; 548; 604.
1.13BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.14 Section 1. [144.2935] HEALTH RECORDS; REPRODUCTIVE HEALTH CARE
1.15SERVICES.
1.16 Subdivision 1.Definition.For purposes of this section, "reproductive health care services"
1.17means medical, surgical, counseling, or referral services relating to the human reproductive
1.18system, including but not limited to services related to pregnancy, contraception, or the
1.19termination of a pregnancy.
1.20 Subd. 2.Law or court order of another state.Neither a law in another state authorizing
1.21a civil or criminal subpoena to obtain a patient's health records relating to the provision of
1.22reproductive health care services to the patient, nor an order issued by a court in another
1.23state authorizing the investigation or enforcement of another state's law that restricts or
1.24punishes the provision, receipt, or attempted provision or receipt of reproductive health care
1.25services to a patient, constitutes a specific authorization in law under section 144.293,
1.26subdivision 2.
1Section 1.
23-01490 as introduced01/03/23 REVISOR SGS/CH
SENATE
STATE OF MINNESOTA
S.F. No. 165NINETY-THIRD SESSION
(SENATE AUTHORS: MORRISON, Wiklund, Latz, Dziedzic and Mann)
OFFICIAL STATUSD-PGDATE
Introduction and first reading01/11/2023
Referred to Health and Human Services 2.1 EFFECTIVE DATE.This section is effective the day following final enactment.
2.2 Sec. 2. Minnesota Statutes 2022, section 147.091, is amended by adding a subdivision to
2.3read:
2.4 Subd. 1c.Reproductive health care services.(a) For purposes of this subdivision,
2.5"reproductive health care services" means medical, surgical, counseling, or referral services
2.6relating to the human reproductive system, including but not limited to services related to
2.7pregnancy, contraception, or the termination of a pregnancy.
2.8 (b) Notwithstanding subdivision 1, paragraph (c) or (d), the board shall not refuse to
2.9grant a license to an applicant for licensure, refuse to grant registration to a physician to
2.10perform interstate telehealth services, or impose disciplinary action against a physician
2.11solely on one or more of the following grounds:
2.12 (1) the applicant or physician provided or assisted in the provision of reproductive health
2.13care services in a manner that is lawful in this state and that is within the applicable scope
2.14of practice;
2.15 (2) the applicant or physician was convicted in another jurisdiction of a felony resulting
2.16from conduct specified in clause (1); or
2.17 (3) the applicant or physician was subject to disciplinary action in another jurisdiction
2.18or was refused a license to practice medicine in another jurisdiction resulting from conduct
2.19specified in clause (1).
2.20 EFFECTIVE DATE.This section is effective the day following final enactment.
2.21 Sec. 3. Minnesota Statutes 2022, section 147A.13, is amended by adding a subdivision to
2.22read:
2.23 Subd. 1a.Reproductive health care services.(a) For purposes of this subdivision,
2.24"reproductive health care services" has the meaning given in section 147.091, subdivision
2.251c.
2.26 (b) Notwithstanding subdivision 1, clause (3) or (4), the board shall not refuse to grant
2.27a license to an applicant for licensure or impose disciplinary action against a physician
2.28assistant solely on one or more of the following grounds:
2.29 (1) the applicant or physician assistant provided or assisted in the provision of
2.30reproductive health care services in a manner that is lawful in this state and that is within
2.31the applicable scope of practice;
2Sec. 3.
23-01490 as introduced01/03/23 REVISOR SGS/CH 3.1 (2) the applicant or physician assistant was convicted in another jurisdiction of a felony
3.2resulting from conduct specified in clause (1); or
3.3 (3) the applicant or physician assistant was subject to disciplinary action in another
3.4jurisdiction or was refused a physician assistant license in another jurisdiction resulting
3.5from conduct specified in clause (1).
3.6 EFFECTIVE DATE.This section is effective the day following final enactment.
3.7 Sec. 4. Minnesota Statutes 2022, section 148.261, is amended by adding a subdivision to
3.8read:
3.9 Subd. 1b.Reproductive health care services.(a) For purposes of this subdivision,
3.10"reproductive health care services" has the meaning given in section 147.091, subdivision
3.111c.
3.12 (b) Notwithstanding subdivision 1, clause (3) or (4), the board shall not refuse to grant
3.13a license to an applicant for licensure or impose disciplinary action against a nurse solely
3.14on one or more of the following grounds:
3.15 (1) the applicant or nurse provided or assisted in the provision of reproductive health
3.16care services in a manner that is lawful in this state and that is within the applicable scope
3.17of practice;
3.18 (2) the applicant or nurse was convicted in another jurisdiction of a felony resulting from
3.19conduct specified in clause (1); or
3.20 (3) the applicant or nurse was subject to disciplinary action in another jurisdiction or
3.21was refused a license to practice advanced practice, professional, or practical nursing in
3.22another jurisdiction resulting from conduct specified in clause (1).
3.23 EFFECTIVE DATE.This section is effective the day following final enactment.
3.24 Sec. 5. [548.252] APPLICATION OF LAW; ENFORCEMENT OF JUDGMENTS;
3.25REPRODUCTIVE HEALTH.
3.26 (a) A law of another state that authorizes a person to bring a civil action against a person
3.27or entity that does any of the following is contrary to the public policy of this state:
3.28 (1) terminates a pregnancy or seeks to terminate a pregnancy;
3.29 (2) performs an act to terminate a pregnancy;
3.30 (3) knowingly engages in conduct that assists in the termination of a pregnancy; or
3Sec. 5.
23-01490 as introduced01/03/23 REVISOR SGS/CH 4.1 (4) attempts or intends to engage in the conduct specified in clause (1), (2), or (3).
4.2 (b) A court in this state shall not apply a law described in paragraph (a) to a cause of
4.3action. A court in this state shall not enforce or satisfy a civil judgment received through
4.4an adjudication under a law described in paragraph (a).
4.5 (c) Notwithstanding any law to the contrary, a subpoena issued in this state for an action
4.6pending in another state or issued in another state for an action pending in that state for the
4.7attendance of a witness or the production of records shall not be enforced in this state if the
4.8subpoena relates to a potential civil or criminal action against a patient, health care provider,
4.9or other person for violating a law of the other state that restricts or limits access to, or the
4.10provision of, the termination of a pregnancy.
4.11 (d) This section does not apply if the act on which the cause of action, judgment, or
4.12subpoena was based would have served as the basis for a valid cause of action in this state
4.13or if, at the time the act was performed, the act could have subjected a patient, health care
4.14provider, or other person to a civil action or criminal penalties in this state if the act had
4.15taken place in this state.
4.16 EFFECTIVE DATE.This section is effective the day following final enactment.
4.17 Sec. 6. [604.415] CIVIL LIABILITY FOR REPRODUCTIVE HEALTH PENALTIES.
4.18 Except when a case would be the basis for a valid cause of action in this state, a person
4.19against whom a judgment is entered pursuant to the laws of any other state based on the
4.20alleged provision, receipt, assistance in the provision or receipt, or material support in the
4.21provision or receipt of any reproductive health care services that are permitted in this state
4.22may bring an action against the person who brought the action leading to that judgment or
4.23who sought to enforce that judgment for:
4.24 (1) actual damages in the amount of the judgment in the other state;
4.25 (2) costs and reasonable attorney fees incurred in defending the action that resulted in
4.26the judgment in the other state; and
4.27 (3) costs and reasonable attorney fees incurred to bring an action under this section.
4.28 EFFECTIVE DATE.This section is effective the day following final enactment.
4Sec. 6.
23-01490 as introduced01/03/23 REVISOR SGS/CH 5.1 Sec. 7. Minnesota Statutes 2022, section 629.02, is amended to read:
5.2 629.02 DUTIES OF GOVERNOR IN EXTRADITION MATTERS.
5.3 Subject to the provisions of sections 629.01 to 629.29, the provisions of the Constitution
5.4of the United States controlling, and any and all acts of Congress enacted in pursuance
5.5thereof, it is the duty of the governor of this state to have arrested and delivered up to the
5.6executive authority of any other state of the United States any person charged in that state
5.7with treason, felony, or other crime, who has fled from justice and if found in this state.
5.8Nothing in this section shall limit any person's right to move freely between states or to
5.9enjoy the privileges and immunities of this state, and no person shall be arrested or delivered
5.10up to the executive authority of any other state of the United States for acts committed in
5.11this state or services received in this state involving any medical, surgical, counseling, or
5.12referral services relating to the human reproductive system, including but not limited to
5.13services related to pregnancy, contraception, or the termination of a pregnancy.
5.14 EFFECTIVE DATE.This section is effective the day following final enactment.
5.15 Sec. 8. Minnesota Statutes 2022, section 629.05, is amended to read:
5.16 629.05 EXTRADITION BY AGREEMENT.
5.17 When it is desired to have returned to this state a person charged in this state with a
5.18crime, and such person is imprisoned or is held under criminal proceedings then pending
5.19against that person in another state, the governor of this state may agree with the executive
5.20authority of such other state for the extradition of such person before the conclusion of such
5.21proceedings or the person's term of sentence in such other state, upon condition that such
5.22person be returned to such other state at the expense of this state as soon as the prosecution
5.23in this state is terminated.
5.24 The governor of this state may also surrender, on demand of the executive authority of
5.25any other state, any person in this state who is charged in the manner provided in section
5.26629.23 with having violated the laws of the state whose executive authority is making the
5.27demand, even though such person left the demanding state involuntarily, except that no
5.28person shall be surrendered for acts committed in this state or services received in this state
5.29involving any medical, surgical, counseling, or referral services relating to the human
5.30reproductive system, including but not limited to services related to pregnancy, contraception,
5.31or the termination of a pregnancy.
5.32 EFFECTIVE DATE.This section is effective the day following final enactment.
5Sec. 8.
23-01490 as introduced01/03/23 REVISOR SGS/CH 6.1 Sec. 9. Minnesota Statutes 2022, section 629.06, is amended to read:
6.2 629.06 EXTRADITION OF PERSONS COMMITTING CRIME.
6.3 (a) Except as provided in paragraph (b), the governor of this state may also surrender,
6.4on demand of the executive authority of any other state, any person in this state charged in
6.5such other state in the manner provided in section 629.03 with committing an act in this
6.6state, or in a third state, intentionally resulting in a crime in the state, whose executive
6.7authority is making the demand, and the provisions of sections 629.01 to 629.29 not otherwise
6.8inconsistent, shall apply to such cases, even though the accused was not in that state at the
6.9time of the commission of the crime, and has not fled therefrom.
6.10 (b) Nothing in this section shall limit any person's right to move freely between states
6.11or to enjoy the privileges and immunities of this state, and no person shall be surrendered
6.12to the executive authority of any other state for acts involving any medical, surgical,
6.13counseling, or referral services relating to the human reproductive system, including but
6.14not limited to services related to pregnancy, contraception, or the termination of a pregnancy.
6.15 EFFECTIVE DATE.This section is effective the day following final enactment.
6.16 Sec. 10. Minnesota Statutes 2022, section 629.13, is amended to read:
6.17 629.13 WHO MAY BE APPREHENDED.
6.18 When any person within this state is charged on the oath of any credible person before
6.19any judge of this state with the commission of any crime in any other state other than a
6.20crime arising from acts committed in this state or services received in this state involving
6.21any medical, surgical, counseling, or referral services relating to the human reproductive
6.22system, including but not limited to services related to pregnancy, contraception, or the
6.23termination of a pregnancy, and, except in cases arising under section 629.06, with having
6.24fled from justice, with having been convicted of a crime in that state and having escaped
6.25from confinement, or having broken the terms of bail, probation, or parole, or when complaint
6.26has been made before any judge in this state setting forth on the affidavit of any credible
6.27person in another state that a crime has been committed in the other state and that the accused
6.28has been charged in that state with the commission of the crime and, except in cases arising
6.29under section 629.06, has fled from justice, or with having been convicted of a crime in that
6.30state and having escaped from confinement, or having broken the terms of bail, probation,
6.31or parole, and is believed to be in this state, the judge shall issue a warrant directed to any
6.32peace officer commanding the officer to apprehend the person named in it, wherever the
6.33accused may be found in this state, and to bring the accused before the same or any other
6Sec. 10.
23-01490 as introduced01/03/23 REVISOR SGS/CH 7.1judge or court who or which may be available in or convenient of access to the place where
7.2the arrest may be made, to answer the charge or complaint and affidavit. A certified copy
7.3of the sworn charge or complaint and affidavit upon which the warrant is issued shall be
7.4attached to the warrant.
7.5 EFFECTIVE DATE.This section is effective the day following final enactment.
7.6 Sec. 11. Minnesota Statutes 2022, section 629.14, is amended to read:
7.7 629.14 ARREST WITHOUT WARRANT.
7.8 The arrest of a person may be lawfully made also by any peace officer or a private person,
7.9without a warrant upon reasonable information that the accused stands charged in the courts
7.10of a state with a crime punishable by death or imprisonment for a term exceeding one year,
7.11except that no person shall be arrested if the accused stands charged in the courts of any
7.12other state for acts committed in this state or services received in this state involving any
7.13medical, surgical, counseling, or referral services relating to the human reproductive system,
7.14including but not limited to services related to pregnancy, contraception, or the termination
7.15of a pregnancy. When arrested the accused must be taken before a judge with all practicable
7.16speed and complaint must be made against the accused under oath setting forth the ground
7.17for the arrest as in section 629.13. Thereafter the answer shall be heard as if the accused
7.18had been arrested on a warrant.
7.19 EFFECTIVE DATE.This section is effective the day following final enactment.
7Sec. 11.
23-01490 as introduced01/03/23 REVISOR SGS/CH