Minnesota 2023-2024 Regular Session

Minnesota Senate Bill SF70 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		-	1.18 617.202; 617.21; 617.28; 617.29; Minnesota Rules, ~~parts~~ 4615.3600~~; 9505.0235~~.
	18	+	1.18 617.202; 617.21; 617.28; 617.29; Minnesota Rules, part 4615.3600.
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		-	~~S0070-1 1st Engrossment~~~~SF70~~ REVISOR SGS
	29	+	23-01726 as introduced01/03/23 REVISOR SGS/LN
30	30		SENATE
31	31		STATE OF MINNESOTA
32	32		S.F. No. 70NINETY-THIRD SESSION
33	33		(SENATE AUTHORS: MAYE QUADE, Morrison, Port, Wiklund and Dziedzic)
34	34		OFFICIAL STATUSD-PGDATE
35		-	Introduction and first reading11001/09/2023
36		-	Referred to Health and Human Services
37		-	Comm report: To pass and re-referred to Judiciary and Public Safety23401/19/2023
38		-	Rule 12.10: report of votes in committee235
39		-	Comm report: To pass as amended and re-refer to Finance02/06/2023
40		-	Rule 12.10: report of votes in committee 2.1 (b) Data on individuals. (1) Health data are private data on individuals. Notwithstanding
	35	+	Introduction and first reading01/09/2023
	36	+	Referred to Health and Human Services 2.1 (b) Data on individuals. (1) Health data are private data on individuals. Notwithstanding
41	37		2.2section 13.05, subdivision 9, health data may not be disclosed except as provided in this
42	38		2.3subdivision and section 13.04.
43	39		2.4 (2) The commissioner or a community health board as defined in section 145A.02,
44	40		2.5subdivision 5, may disclose health data to the data subject's physician as necessary to locate
45	41		2.6or identify a case, carrier, or suspect case, to establish a diagnosis, to provide treatment, to
46	42		2.7identify persons at risk of illness, or to conduct an epidemiologic investigation.
47	43		2.8 (3) With the approval of the commissioner, health data may be disclosed to the extent
48	44		2.9necessary to assist the commissioner to locate or identify a case, carrier, or suspect case, to
49	45		2.10alert persons who may be threatened by illness as evidenced by epidemiologic data, to
50	46		2.11control or prevent the spread of serious disease, or to diminish an imminent threat to the
51	47		2.12public health.
52	48		2.13 (c) Health summary data. Summary data derived from data collected under section
53	49		2.14145.413 may be provided under section 13.05, subdivision 7.
54	50		2.15 EFFECTIVE DATE.This section is effective the day following final enactment.
55	51		2.16 Sec. 2. Minnesota Statutes 2022, section 144.222, subdivision 1, is amended to read:
56	52		2.17 Subdivision 1.Fetal death report required.A fetal death report must be filed within
57	53		2.18five days of the death of a fetus for whom 20 or more weeks of gestation have elapsed,
58	54		2.19except for abortions defined under section 145.4241 145.411, subdivision 5. A fetal death
59	55		2.20report must be prepared in a format prescribed by the state registrar and filed in accordance
60	56		2.21with Minnesota Rules, parts 4601.0100 to 4601.2600 by:
61	57		2.22 (1) a person in charge of an institution or that person's authorized designee if a fetus is
62	58		2.23delivered in the institution or en route to the institution;
63	59		2.24 (2) a physician, certified nurse midwife, or other licensed medical personnel in attendance
64	60		2.25at or immediately after the delivery if a fetus is delivered outside an institution; or
65	61		2.26 (3) a parent or other person in charge of the disposition of the remains if a fetal death
66	62		2.27occurred without medical attendance at or immediately after the delivery.
67	63		2.28 EFFECTIVE DATE.This section is effective the day following final enactment.
68	64		2.29 Sec. 3. Minnesota Statutes 2022, section 144.615, subdivision 7, is amended to read:
69	65		2.30 Subd. 7.Limitations of services.(a) The following limitations apply to the services
70	66		2.31performed at a birth center:
71	67		2Sec. 3.
72		-	~~S0070-1 1st Engrossment~~~~SF70~~ REVISOR SGS 3.1 (1) surgical procedures must be limited to those normally accomplished during an
	68	+	23-01726 as introduced01/03/23 REVISOR SGS/LN 3.1 (1) surgical procedures must be limited to those normally accomplished during an
73	69		3.2uncomplicated birth, including episiotomy and repair; and
74	70		3.3 (2) no abortions may be administered; and
75	71		3.4 (3) (2) no general or regional anesthesia may be administered.
76	72		3.5 (b) Notwithstanding paragraph (a), local anesthesia may be administered at a birth center
77	73		3.6if the administration of the anesthetic is performed within the scope of practice of a health
78	74		3.7care professional.
79	75		3.8 EFFECTIVE DATE.This section is effective the day following final enactment.
80	76		3.9 Sec. 4. Minnesota Statutes 2022, section 145.411, subdivision 1, is amended to read:
81	77		3.10 Subdivision 1.Terms.As used in sections 145.411 to 145.416 145.414, the terms defined
82	78		3.11in this section have the meanings given to them.
83	79		3.12 EFFECTIVE DATE.This section is effective the day following final enactment.
84	80		3.13 Sec. 5. Minnesota Statutes 2022, section 145.411, subdivision 5, is amended to read:
85	81		3.14 Subd. 5.Abortion."Abortion" includes an act, procedure or use of any instrument,
86	82		3.15medicine or drug which is supplied or prescribed for or administered to a pregnant woman
87	83		3.16an individual with the intention of terminating, and which results in the termination of,
88	84		3.17pregnancy.
89	85		3.18 EFFECTIVE DATE.This section is effective the day following final enactment.
90	86		3.19 Sec. 6. Minnesota Statutes 2022, section 145.4235, subdivision 2, is amended to read:
91	87		3.20 Subd. 2.Eligibility for grants.(a) The commissioner shall award grants to eligible
92	88		3.21applicants under paragraph (c) for the reasonable expenses of alternatives to abortion
93	89		3.22programs to support, encourage, and assist women in carrying their pregnancies to term and
94	90		3.23caring for their babies after birth by providing information on, referral to, and assistance
95	91		3.24with securing necessary services that enable women to carry their pregnancies to term and
96	92		3.25care for their babies after birth. Necessary services must include, but are not limited to:
97	93		3.26 (1) medical care;
98	94		3.27 (2) nutritional services;
99	95		3.28 (3) housing assistance;
100	96		3.29 (4) adoption services;
101	97		3Sec. 6.
102		-	~~S0070-1 1st Engrossment~~~~SF70~~ REVISOR SGS 4.1 (5) education and employment assistance, including services that support the continuation
	98	+	23-01726 as introduced01/03/23 REVISOR SGS/LN 4.1 (5) education and employment assistance, including services that support the continuation
103	99		4.2and completion of high school;
104	100		4.3 (6) child care assistance; and
105	101		4.4 (7) parenting education and support services.
106	102		4.5An applicant may not provide or assist a woman to obtain adoption services from a provider
107	103		4.6of adoption services that is not licensed.
108	104		4.7 (b) In addition to providing information and referral under paragraph (a), an eligible
109	105		4.8program may provide one or more of the necessary services under paragraph (a) that assists
110	106		4.9women in carrying their pregnancies to term. To avoid duplication of efforts, grantees may
111	107		4.10refer to other public or private programs, rather than provide the care directly, if a woman
112	108		4.11meets eligibility criteria for the other programs.
113	109		4.12 (c) To be eligible for a grant, an agency or organization must:
114	110		4.13 (1) be a private, nonprofit organization;
115	111		4.14 (2) demonstrate that the program is conducted under appropriate supervision;
116	112		4.15 (3) not charge women for services provided under the program;
117	113		4.16 (4) provide each pregnant woman counseled with accurate information on the
118	114		4.17developmental characteristics of babies and of unborn children, including offering the printed
119		-	4.18information described in section 145.4243 ~~as determined by the commissioner~~;
	115	+	4.18information described in section 145.4243;
120	116		4.19 (5) ensure that its alternatives-to-abortion program's purpose is to assist and encourage
121	117		4.20women in carrying their pregnancies to term and to maximize their potentials thereafter;
122	118		4.21 (6) ensure that none of the money provided is used to encourage or affirmatively counsel
123	119		4.22a woman to have an abortion not necessary to prevent her death, to provide her an abortion,
124	120		4.23or to directly refer her to an abortion provider for an abortion. The agency or organization
125	121		4.24may provide nondirective counseling; and
126	122		4.25 (7) have had the alternatives to abortion program in existence for at least one year as of
127	123		4.26July 1, 2011; or incorporated an alternative to abortion program that has been in existence
128	124		4.27for at least one year as of July 1, 2011.
129	125		4.28 (d) The provisions, words, phrases, and clauses of paragraph (c) are inseverable from
130	126		4.29this subdivision, and if any provision, word, phrase, or clause of paragraph (c) or its
131	127		4.30application to any person or circumstance is held invalid, the invalidity applies to all of this
132	128		4.31subdivision.
133	129		4Sec. 6.
134		-	~~S0070-1 1st Engrossment~~~~SF70~~ REVISOR SGS 5.1 (e) An organization that provides abortions, promotes abortions, or directly refers to an
	130	+	23-01726 as introduced01/03/23 REVISOR SGS/LN 5.1 (e) An organization that provides abortions, promotes abortions, or directly refers to an
135	131		5.2abortion provider for an abortion is ineligible to receive a grant under this program. An
136	132		5.3affiliate of an organization that provides abortions, promotes abortions, or directly refers
137	133		5.4to an abortion provider for an abortion is ineligible to receive a grant under this section
138	134		5.5unless the organizations are separately incorporated and independent from each other. To
139	135		5.6be independent, the organizations may not share any of the following:
140	136		5.7 (1) the same or a similar name;
141	137		5.8 (2) medical facilities or nonmedical facilities, including but not limited to, business
142	138		5.9offices, treatment rooms, consultation rooms, examination rooms, and waiting rooms;
143	139		5.10 (3) expenses;
144	140		5.11 (4) employee wages or salaries; or
145	141		5.12 (5) equipment or supplies, including but not limited to, computers, telephone systems,
146	142		5.13telecommunications equipment, and office supplies.
147	143		5.14 (f) An organization that receives a grant under this section and that is affiliated with an
148	144		5.15organization that provides abortion services must maintain financial records that demonstrate
149	145		5.16strict compliance with this subdivision and that demonstrate that its independent affiliate
150	146		5.17that provides abortion services receives no direct or indirect economic or marketing benefit
151	147		5.18from the grant under this section.
152	148		5.19 (g) The commissioner shall approve any information provided by a grantee on the health
153	149		5.20risks associated with abortions to ensure that the information is medically accurate.
154	150		5.21 EFFECTIVE DATE.This section is effective the day following final enactment.
155	151		5.22 Sec. 7. Minnesota Statutes 2022, section 148.261, subdivision 1, is amended to read:
156	152		5.23 Subdivision 1.Grounds listed.The board may deny, revoke, suspend, limit, or condition
157	153		5.24the license and registration of any person to practice advanced practice, professional, or
158	154		5.25practical nursing under sections 148.171 to 148.285, or to otherwise discipline a licensee
159	155		5.26or applicant as described in section 148.262. The following are grounds for disciplinary
160	156		5.27action:
161	157		5.28 (1) Failure to demonstrate the qualifications or satisfy the requirements for a license
162	158		5.29contained in sections 148.171 to 148.285 or rules of the board. In the case of a person
163	159		5.30applying for a license, the burden of proof is upon the applicant to demonstrate the
164	160		5.31qualifications or satisfaction of the requirements.
165	161		5Sec. 7.
166		-	~~S0070-1 1st Engrossment~~~~SF70~~ REVISOR SGS 6.1 (2) Employing fraud or deceit in procuring or attempting to procure a permit, license,
	162	+	23-01726 as introduced01/03/23 REVISOR SGS/LN 6.1 (2) Employing fraud or deceit in procuring or attempting to procure a permit, license,
167	163		6.2or registration certificate to practice advanced practice, professional, or practical nursing
168	164		6.3or attempting to subvert the licensing examination process. Conduct that subverts or attempts
169	165		6.4to subvert the licensing examination process includes, but is not limited to:
170	166		6.5 (i) conduct that violates the security of the examination materials, such as removing
171	167		6.6examination materials from the examination room or having unauthorized possession of
172	168		6.7any portion of a future, current, or previously administered licensing examination;
173	169		6.8 (ii) conduct that violates the standard of test administration, such as communicating with
174	170		6.9another examinee during administration of the examination, copying another examinee's
175	171		6.10answers, permitting another examinee to copy one's answers, or possessing unauthorized
176	172		6.11materials; or
177	173		6.12 (iii) impersonating an examinee or permitting an impersonator to take the examination
178	174		6.13on one's own behalf.
179	175		6.14 (3) Conviction of a felony or gross misdemeanor reasonably related to the practice of
180	176		6.15professional, advanced practice registered, or practical nursing. Conviction as used in this
181	177		6.16subdivision includes a conviction of an offense that if committed in this state would be
182	178		6.17considered a felony or gross misdemeanor without regard to its designation elsewhere, or
183	179		6.18a criminal proceeding where a finding or verdict of guilt is made or returned but the
184	180		6.19adjudication of guilt is either withheld or not entered.
185	181		6.20 (4) Revocation, suspension, limitation, conditioning, or other disciplinary action against
186	182		6.21the person's professional or practical nursing license or advanced practice registered nursing
187	183		6.22credential, in another state, territory, or country; failure to report to the board that charges
188	184		6.23regarding the person's nursing license or other credential are pending in another state,
189	185		6.24territory, or country; or having been refused a license or other credential by another state,
190	186		6.25territory, or country.
191	187		6.26 (5) Failure to or inability to perform professional or practical nursing as defined in section
192	188		6.27148.171, subdivision 14 or 15, with reasonable skill and safety, including failure of a
193	189		6.28registered nurse to supervise or a licensed practical nurse to monitor adequately the
194	190		6.29performance of acts by any person working at the nurse's direction.
195	191		6.30 (6) Engaging in unprofessional conduct, including, but not limited to, a departure from
196	192		6.31or failure to conform to board rules of professional or practical nursing practice that interpret
197	193		6.32the statutory definition of professional or practical nursing as well as provide criteria for
198	194		6.33violations of the statutes, or, if no rule exists, to the minimal standards of acceptable and
199	195		6.34prevailing professional or practical nursing practice, or any nursing practice that may create
200	196		6Sec. 7.
201		-	~~S0070-1 1st Engrossment~~~~SF70~~ REVISOR SGS 7.1unnecessary danger to a patient's life, health, or safety. Actual injury to a patient need not
	197	+	23-01726 as introduced01/03/23 REVISOR SGS/LN 7.1unnecessary danger to a patient's life, health, or safety. Actual injury to a patient need not
202	198		7.2be established under this clause.
203	199		7.3 (7) Failure of an advanced practice registered nurse to practice with reasonable skill and
204	200		7.4safety or departure from or failure to conform to standards of acceptable and prevailing
205	201		7.5advanced practice registered nursing.
206	202		7.6 (8) Delegating or accepting the delegation of a nursing function or a prescribed health
207	203		7.7care function when the delegation or acceptance could reasonably be expected to result in
208	204		7.8unsafe or ineffective patient care.
209	205		7.9 (9) Actual or potential inability to practice nursing with reasonable skill and safety to
210	206		7.10patients by reason of illness, use of alcohol, drugs, chemicals, or any other material, or as
211	207		7.11a result of any mental or physical condition.
212	208		7.12 (10) Adjudication as mentally incompetent, mentally ill, a chemically dependent person,
213	209		7.13or a person dangerous to the public by a court of competent jurisdiction, within or without
214	210		7.14this state.
215	211		7.15 (11) Engaging in any unethical conduct, including, but not limited to, conduct likely to
216	212		7.16deceive, defraud, or harm the public, or demonstrating a willful or careless disregard for
217	213		7.17the health, welfare, or safety of a patient. Actual injury need not be established under this
218	214		7.18clause.
219	215		7.19 (12) Engaging in conduct with a patient that is sexual or may reasonably be interpreted
220	216		7.20by the patient as sexual, or in any verbal behavior that is seductive or sexually demeaning
221	217		7.21to a patient, or engaging in sexual exploitation of a patient or former patient.
222	218		7.22 (13) Obtaining money, property, or services from a patient, other than reasonable fees
223	219		7.23for services provided to the patient, through the use of undue influence, harassment, duress,
224	220		7.24deception, or fraud.
225	221		7.25 (14) Revealing a privileged communication from or relating to a patient except when
226	222		7.26otherwise required or permitted by law.
227	223		7.27 (15) Engaging in abusive or fraudulent billing practices, including violations of federal
228	224		7.28Medicare and Medicaid laws or state medical assistance laws.
229	225		7.29 (16) Improper management of patient records, including failure to maintain adequate
230	226		7.30patient records, to comply with a patient's request made pursuant to sections 144.291 to
231	227		7.31144.298, or to furnish a patient record or report required by law.
232	228		7Sec. 7.
233		-	~~S0070-1 1st Engrossment~~~~SF70~~ REVISOR SGS 8.1 (17) Knowingly aiding, assisting, advising, or allowing an unlicensed person to engage
	229	+	23-01726 as introduced01/03/23 REVISOR SGS/LN 8.1 (17) Knowingly aiding, assisting, advising, or allowing an unlicensed person to engage
234	230		8.2in the unlawful practice of advanced practice, professional, or practical nursing.
235	231		8.3 (18) Violating a rule adopted by the board, an order of the board, or a state or federal
236	232		8.4law relating to the practice of advanced practice, professional, or practical nursing, or a
237	233		8.5state or federal narcotics or controlled substance law.
238	234		8.6 (19) Knowingly providing false or misleading information that is directly related to the
239	235		8.7care of that patient unless done for an accepted therapeutic purpose such as the administration
240	236		8.8of a placebo.
241	237		8.9 (20) Aiding suicide or aiding attempted suicide in violation of section 609.215 as
242	238		8.10established by any of the following:
243	239		8.11 (i) a copy of the record of criminal conviction or plea of guilty for a felony in violation
244	240		8.12of section 609.215, subdivision 1 or 2;
245	241		8.13 (ii) a copy of the record of a judgment of contempt of court for violating an injunction
246	242		8.14issued under section 609.215, subdivision 4;
247	243		8.15 (iii) a copy of the record of a judgment assessing damages under section 609.215,
248	244		8.16subdivision 5; or
249	245		8.17 (iv) a finding by the board that the person violated section 609.215, subdivision 1 or 2.
250	246		8.18The board shall investigate any complaint of a violation of section 609.215, subdivision 1
251	247		8.19or 2.
252	248		8.20 (21) Practicing outside the scope of practice authorized by section 148.171, subdivision
253	249		8.215, 10, 11, 13, 14, 15, or 21.
254	250		8.22 (22) Making a false statement or knowingly providing false information to the board,
255	251		8.23failing to make reports as required by section 148.263, or failing to cooperate with an
256	252		8.24investigation of the board as required by section 148.265.
257	253		8.25 (23) Engaging in false, fraudulent, deceptive, or misleading advertising.
258	254		8.26 (24) Failure to inform the board of the person's certification or recertification status as
259	255		8.27a certified registered nurse anesthetist, certified nurse-midwife, certified nurse practitioner,
260	256		8.28or certified clinical nurse specialist.
261	257		8.29 (25) Engaging in clinical nurse specialist practice, nurse-midwife practice, nurse
262	258		8.30practitioner practice, or registered nurse anesthetist practice without a license and current
263	259		8.31certification or recertification by a national nurse certification organization acceptable to
264	260		8.32the board.
265	261		8Sec. 7.
266		-	~~S0070-1 1st Engrossment~~~~SF70~~ REVISOR SGS 9.1 (26) Engaging in conduct that is prohibited under section 145.412.
	262	+	23-01726 as introduced01/03/23 REVISOR SGS/LN 9.1 (26) Engaging in conduct that is prohibited under section 145.412.
267	263		9.2 (27) (26) Failing to report employment to the board as required by section 148.211,
268	264		9.3subdivision 2a, or knowingly aiding, assisting, advising, or allowing a person to fail to report
269	265		9.4as required by section 148.211, subdivision 2a.
270	266		9.5 EFFECTIVE DATE.This section is effective the day following final enactment.
271	267		9.6 Sec. 8. Minnesota Statutes 2022, section 256B.0625, subdivision 16, is amended to read:
272	268		9.7 Subd. 16.Abortion services.Medical assistance covers abortion services, but only if
273		-	9.8one of the following conditions is met: determined to be medically necessary by the treating
274		-	9.9provider and delivered in accordance with all applicable Minnesota laws.
275		-	9.10 (a) The abortion is a medical necessity. "Medical necessity" means (1) the signed written
276		-	9.11statement of two physicians indicating the abortion is medically necessary to prevent the
277		-	9.12death of the mother, and (2) the patient has given her consent to the abortion in writing
278		-	9.13unless the patient is physically or legally incapable of providing informed consent to the
279		-	9.14procedure, in which case consent will be given as otherwise provided by law;
280		-	9.15 (b) The pregnancy is the result of criminal sexual conduct as defined in section 609.342,
281		-	9.16subdivision 1, clauses (a), (b), (c)(i) and (ii), and (e), and subdivision 1a, clauses (a), (b),
282		-	9.17(c)(i) and (ii), and (d), and the incident is reported within 48 hours after the incident occurs
283		-	9.18to a valid law enforcement agency for investigation, unless the victim is physically unable
284		-	9.19to report the criminal sexual conduct, in which case the report shall be made within 48 hours
285		-	9.20after the victim becomes physically able to report the criminal sexual conduct; or
286		-	9.21 (c) The pregnancy is the result of incest, but only if the incident and relative are reported
287		-	9.22to a valid law enforcement agency for investigation prior to the abortion.
288		-	9.23 EFFECTIVE DATE.This section is effective the day following final enactment.
289		-	9.24 Sec. 9. Minnesota Statutes 2022, section 256B.692, subdivision 2, is amended to read:
290		-	9.25 Subd. 2.Duties of commissioner of health.(a) Notwithstanding chapters 62D and 62N,
291		-	9.26a county that elects to purchase medical assistance in return for a fixed sum without regard
292		-	9.27to the frequency or extent of services furnished to any particular enrollee is not required to
293		-	9.28obtain a certificate of authority under chapter 62D or 62N. The county board of
294		-	9.29commissioners is the governing body of a county-based purchasing program. In a multicounty
295		-	9.30arrangement, the governing body is a joint powers board established under section 471.59.
	269	+	9.8one of the following conditions is met:.
	270	+	9.9 (a) The abortion is a medical necessity. "Medical necessity" means (1) the signed written
	271	+	9.10statement of two physicians indicating the abortion is medically necessary to prevent the
	272	+	9.11death of the mother, and (2) the patient has given her consent to the abortion in writing
	273	+	9.12unless the patient is physically or legally incapable of providing informed consent to the
	274	+	9.13procedure, in which case consent will be given as otherwise provided by law;
	275	+	9.14 (b) The pregnancy is the result of criminal sexual conduct as defined in section 609.342,
	276	+	9.15subdivision 1, clauses (a), (b), (c)(i) and (ii), and (e), and subdivision 1a, clauses (a), (b),
	277	+	9.16(c)(i) and (ii), and (d), and the incident is reported within 48 hours after the incident occurs
	278	+	9.17to a valid law enforcement agency for investigation, unless the victim is physically unable
	279	+	9.18to report the criminal sexual conduct, in which case the report shall be made within 48 hours
	280	+	9.19after the victim becomes physically able to report the criminal sexual conduct; or
	281	+	9.20 (c) The pregnancy is the result of incest, but only if the incident and relative are reported
	282	+	9.21to a valid law enforcement agency for investigation prior to the abortion.
	283	+	9.22 EFFECTIVE DATE.This section is effective the day following final enactment.
	284	+	9.23 Sec. 9. Minnesota Statutes 2022, section 256B.692, subdivision 2, is amended to read:
	285	+	9.24 Subd. 2.Duties of commissioner of health.(a) Notwithstanding chapters 62D and 62N,
	286	+	9.25a county that elects to purchase medical assistance in return for a fixed sum without regard
	287	+	9.26to the frequency or extent of services furnished to any particular enrollee is not required to
	288	+	9.27obtain a certificate of authority under chapter 62D or 62N. The county board of
	289	+	9.28commissioners is the governing body of a county-based purchasing program. In a multicounty
	290	+	9.29arrangement, the governing body is a joint powers board established under section 471.59.
	291	+	9.30 (b) A county that elects to purchase medical assistance services under this section must
	292	+	9.31satisfy the commissioner of health that the requirements for assurance of consumer protection,
296	293		9Sec. 9.
297		-	S0070-1 1st EngrossmentSF70 REVISOR SGS 10.1 (b) A county that elects to purchase medical assistance services under this section must
298		-	10.2satisfy the commissioner of health that the requirements for assurance of consumer protection,
299		-	10.3provider protection, and fiscal solvency of chapter 62D, applicable to health maintenance
300		-	10.4organizations will be met according to the following schedule:
301		-	10.5 (1) for a county-based purchasing plan approved on or before June 30, 2008, the plan
302		-	10.6must have in reserve:
303		-	10.7 (i) at least 50 percent of the minimum amount required under chapter 62D as of January
304		-	10.81, 2010;
305		-	10.9 (ii) at least 75 percent of the minimum amount required under chapter 62D as of January
306		-	10.101, 2011;
307		-	10.11 (iii) at least 87.5 percent of the minimum amount required under chapter 62D as of
308		-	10.12January 1, 2012; and
309		-	10.13 (iv) at least 100 percent of the minimum amount required under chapter 62D as of January
310		-	10.141, 2013; and
311		-	10.15 (2) for a county-based purchasing plan first approved after June 30, 2008, the plan must
312		-	10.16have in reserve:
313		-	10.17 (i) at least 50 percent of the minimum amount required under chapter 62D at the time
314		-	10.18the plan begins enrolling enrollees;
315		-	10.19 (ii) at least 75 percent of the minimum amount required under chapter 62D after the first
316		-	10.20full calendar year;
317		-	10.21 (iii) at least 87.5 percent of the minimum amount required under chapter 62D after the
318		-	10.22second full calendar year; and
319		-	10.23 (iv) at least 100 percent of the minimum amount required under chapter 62D after the
320		-	10.24third full calendar year.
321		-	10.25 (c) Until a plan is required to have reserves equaling at least 100 percent of the minimum
322		-	10.26amount required under chapter 62D, the plan may demonstrate its ability to cover any losses
323		-	10.27by satisfying the requirements of chapter 62N. A county-based purchasing plan must also
324		-	10.28assure the commissioner of health that the requirements of sections 62J.041; 62J.48; 62J.71
325		-	10.29to 62J.73; all applicable provisions of chapter 62Q, including sections 62Q.075; 62Q.1055;
326		-	10.3062Q.106; 62Q.12; 62Q.135; 62Q.14; 62Q.145; 62Q.19; 62Q.23, paragraph (c); 62Q.43;
327		-	10.3162Q.47; 62Q.50; 62Q.52 to 62Q.56; 62Q.58; 62Q.68 to 62Q.72; and 72A.201 will be met.
	294	+	23-01726 as introduced01/03/23 REVISOR SGS/LN 10.1provider protection, and fiscal solvency of chapter 62D, applicable to health maintenance
	295	+	10.2organizations will be met according to the following schedule:
	296	+	10.3 (1) for a county-based purchasing plan approved on or before June 30, 2008, the plan
	297	+	10.4must have in reserve:
	298	+	10.5 (i) at least 50 percent of the minimum amount required under chapter 62D as of January
	299	+	10.61, 2010;
	300	+	10.7 (ii) at least 75 percent of the minimum amount required under chapter 62D as of January
	301	+	10.81, 2011;
	302	+	10.9 (iii) at least 87.5 percent of the minimum amount required under chapter 62D as of
	303	+	10.10January 1, 2012; and
	304	+	10.11 (iv) at least 100 percent of the minimum amount required under chapter 62D as of January
	305	+	10.121, 2013; and
	306	+	10.13 (2) for a county-based purchasing plan first approved after June 30, 2008, the plan must
	307	+	10.14have in reserve:
	308	+	10.15 (i) at least 50 percent of the minimum amount required under chapter 62D at the time
	309	+	10.16the plan begins enrolling enrollees;
	310	+	10.17 (ii) at least 75 percent of the minimum amount required under chapter 62D after the first
	311	+	10.18full calendar year;
	312	+	10.19 (iii) at least 87.5 percent of the minimum amount required under chapter 62D after the
	313	+	10.20second full calendar year; and
	314	+	10.21 (iv) at least 100 percent of the minimum amount required under chapter 62D after the
	315	+	10.22third full calendar year.
	316	+	10.23 (c) Until a plan is required to have reserves equaling at least 100 percent of the minimum
	317	+	10.24amount required under chapter 62D, the plan may demonstrate its ability to cover any losses
	318	+	10.25by satisfying the requirements of chapter 62N. A county-based purchasing plan must also
	319	+	10.26assure the commissioner of health that the requirements of sections 62J.041; 62J.48; 62J.71
	320	+	10.27to 62J.73; all applicable provisions of chapter 62Q, including sections 62Q.075; 62Q.1055;
	321	+	10.2862Q.106; 62Q.12; 62Q.135; 62Q.14; 62Q.145; 62Q.19; 62Q.23, paragraph (c); 62Q.43;
	322	+	10.2962Q.47; 62Q.50; 62Q.52 to 62Q.56; 62Q.58; 62Q.68 to 62Q.72; and 72A.201 will be met.
	323	+	10.30 (d) All enforcement and rulemaking powers available under chapters 62D, 62J, 62N,
	324	+	10.31and 62Q are hereby granted to the commissioner of health with respect to counties that
	325	+	10.32purchase medical assistance services under this section.
328	326		10Sec. 9.
329		-	~~S0070-1 1st Engrossment~~~~SF70~~ REVISOR SGS 11.1 (d) ~~All enforcement and rulemaking powers available under chapters 62D~~, ~~62J~~, ~~62N,~~
330		-	11.~~2and 62Q are hereby granted to the commissioner of health with respect to counties that~~
331		-	11.~~3purchase medical assistance services under this section~~.
332		-	11.~~4 (e) The commissioner~~, ~~in consultation with~~ county ~~government~~, ~~shall develop~~
333		-	11.~~5administrative~~ and ~~financial reporting~~ requirements ~~for county-based purchasing programs~~
334		-	11.~~6relating to sections 62D.041, 62D.042, 62D.045, 62D.08, 62N.28, 62N.29, and 62N.31,~~
335		-	11.~~7and other sections as necessary, that are specific to county administrative, accounting, and~~
336		-	11.~~8reporting systems~~ and ~~consistent with~~ other ~~statutory requirements~~ of ~~counties.~~
337		-	11.~~9 (f)~~ The ~~commissioner shall collect from a county-based purchasing plan under this~~
338		-	11.~~10section the following fees:~~
339		-	11.11 (1) ~~fees attributable~~ to ~~the costs~~ of ~~audits and other examinations of plan financial~~
340		-	11.~~12operations. These~~ fees ~~are subject to~~ the ~~provisions of Minnesota Rules, part 4685.2800,~~
341		-	11.~~13subpart 1, item F; and~~
342		-	11.14 ~~(2) an annual fee of $21,500, to be paid by June 15 of each calendar year~~.
343		-	11.~~15All fees collected under this paragraph shall be deposited in the state government special~~
344		-	11.~~16revenue fund~~.
345		-	11.~~17 EFFECTIVE DATE.This section is effective~~ the ~~day following final enactment.~~
346		-	11.~~18Sec. 10.~~ ~~Minnesota Statutes 2022~~, ~~section 256L.03, subdivision 1,~~ ~~is amended to read:~~
347		-	11.19 Subdivision ~~1.Covered health~~ services~~.(a) "Covered~~ ~~health services" means the health~~
348		-	11.20services ~~reimbursed under chapter 256B~~, ~~with the exception of special education~~ services,
349		-	11.~~21home care nursing services~~, ~~adult dental care~~ services ~~other than services covered under~~
350		-	11.~~22section~~ 256B.~~0625~~, ~~subdivision 9,~~ ~~orthodontic services, nonemergency medical transportation~~
351		-	11.~~23services, personal~~ care ~~assistance and case management~~ services~~, community first services~~
352		-	11.~~24and supports~~ under ~~section 256B.85, behavioral health home services under section~~
353		-	11.~~25256B.0757, housing stabilization services under section 256B.051,~~ and ~~nursing home or~~
354		-	11.~~26intermediate care facilities services.~~
355		-	11.~~27 (b) No public funds shall be used for coverage~~ of ~~abortion under MinnesotaCare except~~
356		-	11.~~28where the life of the female would~~ be ~~endangered or substantial and irreversible impairment~~
357		-	11.~~29of a major bodily function would result if~~ the ~~fetus were carried to term;~~ ~~or where the~~
358		-	11.~~30pregnancy is the result~~ of ~~rape or incest~~.
359		-	11.31 ~~(c) (b) Covered health services shall be expanded as provided in~~ this section.
	327	+	23-01726 as introduced01/03/23 REVISOR SGS/LN 11.1 (e) The commissioner, in consultation with county government, shall develop
	328	+	11.2administrative and financial reporting requirements for county-based purchasing programs
	329	+	11.3relating to sections 62D.041, 62D.042, 62D.045, 62D.08, 62N.28, 62N.29, and 62N.31,
	330	+	11.4and other sections as necessary, that are specific to county administrative, accounting, and
	331	+	11.5reporting systems and consistent with other statutory requirements of counties.
	332	+	11.6 (f) The commissioner shall collect from a county-based purchasing plan under this
	333	+	11.7section the following fees:
	334	+	11.8 (1) fees attributable to the costs of audits and other examinations of plan financial
	335	+	11.9operations. These fees are subject to the provisions of Minnesota Rules, part 4685.2800,
	336	+	11.10subpart 1, item F; and
	337	+	11.11 (2) an annual fee of $21,500, to be paid by June 15 of each calendar year.
	338	+	11.12All fees collected under this paragraph shall be deposited in the state government special
	339	+	11.13revenue fund.
	340	+	11.14 EFFECTIVE DATE.This section is effective the day following final enactment.
	341	+	11.15Sec. 10. Minnesota Statutes 2022, section 256L.03, subdivision 1, is amended to read:
	342	+	11.16 Subdivision 1.Covered health services.(a) "Covered health services" means the health
	343	+	11.17services reimbursed under chapter 256B, with the exception of special education services,
	344	+	11.18home care nursing services, adult dental care services other than services covered under
	345	+	11.19section 256B.0625, subdivision 9, orthodontic services, nonemergency medical transportation
	346	+	11.20services, personal care assistance and case management services, community first services
	347	+	11.21and supports under section 256B.85, behavioral health home services under section
	348	+	11.22256B.0757, housing stabilization services under section 256B.051, and nursing home or
	349	+	11.23intermediate care facilities services.
	350	+	11.24 (b) No public funds shall be used for coverage of abortion under MinnesotaCare except
	351	+	11.25where the life of the female would be endangered or substantial and irreversible impairment
	352	+	11.26of a major bodily function would result if the fetus were carried to term; or where the
	353	+	11.27pregnancy is the result of rape or incest.
	354	+	11.28 (c) (b) Covered health services shall be expanded as provided in this section.
	355	+	11.29 (d) (c) For the purposes of covered health services under this section, "child" means an
	356	+	11.30individual younger than 19 years of age.
	357	+	11.31 EFFECTIVE DATE.This section is effective the day following final enactment.
360	358		11Sec. 10.
361		-	~~S0070-1 1st Engrossment~~~~SF70~~ REVISOR SGS 12.1 ~~(d) (c) For the purposes of covered health services under this~~ section, ~~"child" means an~~
362		-	12.~~2individual younger than 19 years~~ of ~~age.~~
363		-	12.~~3 EFFECTIVE DATE.This section is effective~~ the ~~day following final enactment.~~
364		-	12.~~4 Sec.~~ ~~11. Minnesota Statutes 2022,~~ ~~section 518A.39, subdivision 2,~~ ~~is amended to read:~~
365		-	12.~~5 Subd.~~ 2~~.Modification.(a~~) ~~The terms~~ of an ~~order respecting maintenance~~ or ~~support~~
366		-	12.~~6may be modified upon a showing~~ of ~~one or more~~ of ~~the following, any of which makes the~~
367		-	12.~~7terms unreasonable and unfair:~~ ~~(1) substantially increased~~ or ~~decreased gross income of an~~
368		-	12.~~8obligor~~ or ~~obligee~~; (2) ~~substantially increased or decreased need~~ of ~~an obligor or obligee or~~
369		-	12.~~9the child or children that are~~ the ~~subject~~ of ~~these proceedings~~; (3) ~~receipt~~ of ~~assistance under~~
370		-	12.10the ~~AFDC program formerly codified~~ under ~~sections 256~~.~~72 to 256.87 or 256B.01 to 256B.40~~
371		-	12.~~11256B.39,~~ or ~~chapter 256J~~ or ~~256K; (4) a change~~ in ~~the cost of living for either party as~~
372		-	12.~~12measured by~~ the ~~federal Bureau~~ of ~~Labor Statistics;~~ ~~(5) extraordinary medical~~ expenses of
373		-	12.~~13the~~ child ~~not provided for under section 518A.41; (6) a change in the availability of~~
374		-	12.~~14appropriate health care coverage~~ or ~~a substantial increase or decrease~~ in ~~health care coverage~~
375		-	12.~~15costs;~~ (7) ~~the addition of work-related~~ ~~or education-related~~ ~~child care expenses of the obligee~~
376		-	12.~~16or~~ a ~~substantial increase or decrease in existing work-related~~ ~~or education-related child care~~
377		-	12.~~17expenses; or (8) upon the emancipation of the child, as provided in subdivision 5.~~
378		-	12.18 (b) ~~It is presumed that there has been a substantial change~~ in ~~circumstances under~~
379		-	12.~~19paragraph (a) and~~ the ~~terms of~~ a ~~current support~~ order ~~shall be rebuttably presumed to be~~
380		-	12.~~20unreasonable and unfair~~ if:
381		-	12.~~21 (1) the application of the child support guidelines~~ in ~~section 518A.35, to the current~~
382		-	12.~~22circumstances of the parties results in a calculated court order that is at least 20 percent and~~
383		-	12.~~23at least $75 per month higher or lower than~~ the ~~current~~ support ~~order or, if~~ the ~~current support~~
384		-	12.~~24order is less than $75, it results in a calculated court order that is at least 20 percent per~~
385		-	12.~~25month higher or lower;~~
386		-	12.~~26 (2)~~ the ~~medical support provisions of the order established under section 518A.41 are~~
387		-	12.~~27not enforceable by~~ the ~~public authority or~~ the ~~obligee;~~
388		-	12.~~28 (3) health coverage ordered under section 518A.41 is not available to the child for whom~~
389		-	12.~~29the order is established~~ by ~~the parent ordered to provide;~~
390		-	12.~~30 (4)~~ the ~~existing support obligation is in the form of a statement of percentage and not a~~
391		-	12.~~31specific dollar amount;~~
392		-	12.32 ~~(5)~~ the ~~gross income of an obligor~~ or ~~obligee has decreased by at least 20 percent through~~
393		-	12.~~33no fault or choice of the party; or~~
	359	+	23-01726 as introduced01/03/23 REVISOR SGS/LN 12.1 Sec. 11. Minnesota Statutes 2022, section 518A.39, subdivision 2, is amended to read:
	360	+	12.2 Subd. 2.Modification.(a) The terms of an order respecting maintenance or support
	361	+	12.3may be modified upon a showing of one or more of the following, any of which makes the
	362	+	12.4terms unreasonable and unfair: (1) substantially increased or decreased gross income of an
	363	+	12.5obligor or obligee; (2) substantially increased or decreased need of an obligor or obligee or
	364	+	12.6the child or children that are the subject of these proceedings; (3) receipt of assistance under
	365	+	12.7the AFDC program formerly codified under sections 256.72 to 256.87 or 256B.01 to 256B.40
	366	+	12.8256B.39, or chapter 256J or 256K; (4) a change in the cost of living for either party as
	367	+	12.9measured by the federal Bureau of Labor Statistics; (5) extraordinary medical expenses of
	368	+	12.10the child not provided for under section 518A.41; (6) a change in the availability of
	369	+	12.11appropriate health care coverage or a substantial increase or decrease in health care coverage
	370	+	12.12costs; (7) the addition of work-related or education-related child care expenses of the obligee
	371	+	12.13or a substantial increase or decrease in existing work-related or education-related child care
	372	+	12.14expenses; or (8) upon the emancipation of the child, as provided in subdivision 5.
	373	+	12.15 (b) It is presumed that there has been a substantial change in circumstances under
	374	+	12.16paragraph (a) and the terms of a current support order shall be rebuttably presumed to be
	375	+	12.17unreasonable and unfair if:
	376	+	12.18 (1) the application of the child support guidelines in section 518A.35, to the current
	377	+	12.19circumstances of the parties results in a calculated court order that is at least 20 percent and
	378	+	12.20at least $75 per month higher or lower than the current support order or, if the current support
	379	+	12.21order is less than $75, it results in a calculated court order that is at least 20 percent per
	380	+	12.22month higher or lower;
	381	+	12.23 (2) the medical support provisions of the order established under section 518A.41 are
	382	+	12.24not enforceable by the public authority or the obligee;
	383	+	12.25 (3) health coverage ordered under section 518A.41 is not available to the child for whom
	384	+	12.26the order is established by the parent ordered to provide;
	385	+	12.27 (4) the existing support obligation is in the form of a statement of percentage and not a
	386	+	12.28specific dollar amount;
	387	+	12.29 (5) the gross income of an obligor or obligee has decreased by at least 20 percent through
	388	+	12.30no fault or choice of the party; or
	389	+	12.31 (6) a deviation was granted based on the factor in section 518A.43, subdivision 1, clause
	390	+	12.32(4), and the child no longer resides in a foreign country or the factor is otherwise no longer
	391	+	12.33applicable.
394	392		12Sec. 11.
395		-	S0070-1 1st EngrossmentSF70 REVISOR SGS 13.1 (6) a deviation was granted based on the factor in section 518A.43, subdivision 1, clause
396		-	13.2(4), and the child no longer resides in a foreign country or the factor is otherwise no longer
397		-	13.3applicable.
398		-	13.4 (c) A child support order is not presumptively modifiable solely because an obligor or
399		-	13.5obligee becomes responsible for the support of an additional nonjoint child, which is born
400		-	13.6after an existing order. Section 518A.33 shall be considered if other grounds are alleged
401		-	13.7which allow a modification of support.
402		-	13.8 (d) If child support was established by applying a parenting expense adjustment or
403		-	13.9presumed equal parenting time calculation under previously existing child support guidelines
404		-	13.10and there is no parenting plan or order from which overnights or overnight equivalents can
405		-	13.11be determined, there is a rebuttable presumption that the established adjustment or calculation
406		-	13.12will continue after modification so long as the modification is not based on a change in
407		-	13.13parenting time. In determining an obligation under previously existing child support
408		-	13.14guidelines, it is presumed that the court shall:
409		-	13.15 (1) if a 12 percent parenting expense adjustment was applied, multiply the obligor's
410		-	13.16share of the combined basic support obligation calculated under section 518A.34, paragraph
411		-	13.17(b), clause (5), by 0.88; or
412		-	13.18 (2) if the parenting time was presumed equal but the parents' parental incomes for
413		-	13.19determining child support were not equal:
414		-	13.20 (i) multiply the combined basic support obligation under section 518A.34, paragraph
415		-	13.21(b), clause (5), by 0.75;
416		-	13.22 (ii) prorate the amount under item (i) between the parents based on each parent's
417		-	13.23proportionate share of the combined PICS; and
418		-	13.24 (iii) subtract the lower amount from the higher amount.
419		-	13.25 (e) On a motion for modification of maintenance, including a motion for the extension
420		-	13.26of the duration of a maintenance award, the court shall apply, in addition to all other relevant
421		-	13.27factors, the factors for an award of maintenance under section 518.552 that exist at the time
422		-	13.28of the motion. On a motion for modification of support, the court:
423		-	13.29 (1) shall apply section 518A.35, and shall not consider the financial circumstances of
424		-	13.30each party's spouse, if any; and
425		-	13.31 (2) shall not consider compensation received by a party for employment in excess of a
426		-	13.3240-hour work week, provided that the party demonstrates, and the court finds, that:
	393	+	23-01726 as introduced01/03/23 REVISOR SGS/LN 13.1 (c) A child support order is not presumptively modifiable solely because an obligor or
	394	+	13.2obligee becomes responsible for the support of an additional nonjoint child, which is born
	395	+	13.3after an existing order. Section 518A.33 shall be considered if other grounds are alleged
	396	+	13.4which allow a modification of support.
	397	+	13.5 (d) If child support was established by applying a parenting expense adjustment or
	398	+	13.6presumed equal parenting time calculation under previously existing child support guidelines
	399	+	13.7and there is no parenting plan or order from which overnights or overnight equivalents can
	400	+	13.8be determined, there is a rebuttable presumption that the established adjustment or calculation
	401	+	13.9will continue after modification so long as the modification is not based on a change in
	402	+	13.10parenting time. In determining an obligation under previously existing child support
	403	+	13.11guidelines, it is presumed that the court shall:
	404	+	13.12 (1) if a 12 percent parenting expense adjustment was applied, multiply the obligor's
	405	+	13.13share of the combined basic support obligation calculated under section 518A.34, paragraph
	406	+	13.14(b), clause (5), by 0.88; or
	407	+	13.15 (2) if the parenting time was presumed equal but the parents' parental incomes for
	408	+	13.16determining child support were not equal:
	409	+	13.17 (i) multiply the combined basic support obligation under section 518A.34, paragraph
	410	+	13.18(b), clause (5), by 0.75;
	411	+	13.19 (ii) prorate the amount under item (i) between the parents based on each parent's
	412	+	13.20proportionate share of the combined PICS; and
	413	+	13.21 (iii) subtract the lower amount from the higher amount.
	414	+	13.22 (e) On a motion for modification of maintenance, including a motion for the extension
	415	+	13.23of the duration of a maintenance award, the court shall apply, in addition to all other relevant
	416	+	13.24factors, the factors for an award of maintenance under section 518.552 that exist at the time
	417	+	13.25of the motion. On a motion for modification of support, the court:
	418	+	13.26 (1) shall apply section 518A.35, and shall not consider the financial circumstances of
	419	+	13.27each party's spouse, if any; and
	420	+	13.28 (2) shall not consider compensation received by a party for employment in excess of a
	421	+	13.2940-hour work week, provided that the party demonstrates, and the court finds, that:
	422	+	13.30 (i) the excess employment began after entry of the existing support order;
	423	+	13.31 (ii) the excess employment is voluntary and not a condition of employment;
427	424		13Sec. 11.
428		-	S0070-1 1st EngrossmentSF70 REVISOR SGS 14.1 (i) the excess employment began after entry of the existing support order;
429		-	14.2 (ii) the excess employment is voluntary and not a condition of employment;
430		-	14.3 (iii) the excess employment is in the nature of additional, part-time employment, or
431		-	14.4overtime employment compensable by the hour or fractions of an hour;
432		-	14.5 (iv) the party's compensation structure has not been changed for the purpose of affecting
433		-	14.6a support or maintenance obligation;
434		-	14.7 (v) in the case of an obligor, current child support payments are at least equal to the
435		-	14.8guidelines amount based on income not excluded under this clause; and
436		-	14.9 (vi) in the case of an obligor who is in arrears in child support payments to the obligee,
437		-	14.10any net income from excess employment must be used to pay the arrearages until the
438		-	14.11arrearages are paid in full.
439		-	14.12 (f) A modification of support or maintenance, including interest that accrued pursuant
440		-	14.13to section 548.091, may be made retroactive only with respect to any period during which
441		-	14.14the petitioning party has pending a motion for modification but only from the date of service
442		-	14.15of notice of the motion on the responding party and on the public authority if public assistance
443		-	14.16is being furnished or the county attorney is the attorney of record, unless the court adopts
444		-	14.17an alternative effective date under paragraph (l). The court's adoption of an alternative
445		-	14.18effective date under paragraph (l) shall not be considered a retroactive modification of
446		-	14.19maintenance or support.
447		-	14.20 (g) Except for an award of the right of occupancy of the homestead, provided in section
448		-	14.21518.63, all divisions of real and personal property provided by section 518.58 shall be final,
449		-	14.22and may be revoked or modified only where the court finds the existence of conditions that
450		-	14.23justify reopening a judgment under the laws of this state, including motions under section
451		-	14.24518.145, subdivision 2. The court may impose a lien or charge on the divided property at
452		-	14.25any time while the property, or subsequently acquired property, is owned by the parties or
453		-	14.26either of them, for the payment of maintenance or support money, or may sequester the
454		-	14.27property as is provided by section 518A.71.
455		-	14.28 (h) The court need not hold an evidentiary hearing on a motion for modification of
456		-	14.29maintenance or support.
457		-	14.30 (i) Sections 518.14 and 518A.735 shall govern the award of attorney fees for motions
458		-	14.31brought under this subdivision.
	425	+	23-01726 as introduced01/03/23 REVISOR SGS/LN 14.1 (iii) the excess employment is in the nature of additional, part-time employment, or
	426	+	14.2overtime employment compensable by the hour or fractions of an hour;
	427	+	14.3 (iv) the party's compensation structure has not been changed for the purpose of affecting
	428	+	14.4a support or maintenance obligation;
	429	+	14.5 (v) in the case of an obligor, current child support payments are at least equal to the
	430	+	14.6guidelines amount based on income not excluded under this clause; and
	431	+	14.7 (vi) in the case of an obligor who is in arrears in child support payments to the obligee,
	432	+	14.8any net income from excess employment must be used to pay the arrearages until the
	433	+	14.9arrearages are paid in full.
	434	+	14.10 (f) A modification of support or maintenance, including interest that accrued pursuant
	435	+	14.11to section 548.091, may be made retroactive only with respect to any period during which
	436	+	14.12the petitioning party has pending a motion for modification but only from the date of service
	437	+	14.13of notice of the motion on the responding party and on the public authority if public assistance
	438	+	14.14is being furnished or the county attorney is the attorney of record, unless the court adopts
	439	+	14.15an alternative effective date under paragraph (l). The court's adoption of an alternative
	440	+	14.16effective date under paragraph (l) shall not be considered a retroactive modification of
	441	+	14.17maintenance or support.
	442	+	14.18 (g) Except for an award of the right of occupancy of the homestead, provided in section
	443	+	14.19518.63, all divisions of real and personal property provided by section 518.58 shall be final,
	444	+	14.20and may be revoked or modified only where the court finds the existence of conditions that
	445	+	14.21justify reopening a judgment under the laws of this state, including motions under section
	446	+	14.22518.145, subdivision 2. The court may impose a lien or charge on the divided property at
	447	+	14.23any time while the property, or subsequently acquired property, is owned by the parties or
	448	+	14.24either of them, for the payment of maintenance or support money, or may sequester the
	449	+	14.25property as is provided by section 518A.71.
	450	+	14.26 (h) The court need not hold an evidentiary hearing on a motion for modification of
	451	+	14.27maintenance or support.
	452	+	14.28 (i) Sections 518.14 and 518A.735 shall govern the award of attorney fees for motions
	453	+	14.29brought under this subdivision.
	454	+	14.30 (j) An enactment, amendment, or repeal of law constitutes a substantial change in the
	455	+	14.31circumstances for purposes of modifying a child support order when it meets the standards
	456	+	14.32for modification in this section.
459	457		14Sec. 11.
460		-	S0070-1 1st EngrossmentSF70 REVISOR SGS 15.1 (j) An enactment, amendment, or repeal of law constitutes a substantial change in the
461		-	15.2circumstances for purposes of modifying a child support order when it meets the standards
462		-	15.3for modification in this section.
463		-	15.4 (k) On the first modification following implementation of amended child support
464		-	15.5guidelines, the modification of basic support may be limited if the amount of the full variance
465		-	15.6would create hardship for either the obligor or the obligee. Hardship includes, but is not
466		-	15.7limited to, eligibility for assistance under chapter 256J.
467		-	15.8 (l) The court may select an alternative effective date for a maintenance or support order
468		-	15.9if the parties enter into a binding agreement for an alternative effective date.
469		-	15.10 EFFECTIVE DATE.This section is effective the day following final enactment.
470		-	15.11Sec. 12. Minnesota Statutes 2022, section 609.269, is amended to read:
471		-	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		-	S0070-1 1st EngrossmentSF70 REVISOR SGS 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.
	458	+	23-01726 as introduced01/03/23 REVISOR SGS/LN 15.1 (k) On the first modification following implementation of amended child support
	459	+	15.2guidelines, the modification of basic support may be limited if the amount of the full variance
	460	+	15.3would create hardship for either the obligor or the obligee. Hardship includes, but is not
	461	+	15.4limited to, eligibility for assistance under chapter 256J.
	462	+	15.5 (l) The court may select an alternative effective date for a maintenance or support order
	463	+	15.6if the parties enter into a binding agreement for an alternative effective date.
	464	+	15.7 EFFECTIVE DATE.This section is effective the day following final enactment.
	465	+	15.8 Sec. 12. Minnesota Statutes 2022, section 609.269, is amended to read:
	466	+	15.9 609.269 EXCEPTION.
	467	+	15.10 Sections 609.2661 to 609.268 do not apply to any act described in section 145.412
	468	+	15.11145.411, subdivision 5.
	469	+	15.12 EFFECTIVE DATE.This section is effective the day following final enactment.
	470	+	15.13Sec. 13. Minnesota Statutes 2022, section 617.22, is amended to read:
	471	+	15.14 617.22 CONCEALING BIRTH.
	472	+	15.15 Every Any person who shall endeavor attempts to conceal the birth of a child by any
	473	+	15.16disposition of its dead body, whether when the child died before or after its birth, shall be
	474	+	15.17guilty of a misdemeanor. Every person who, having been convicted of endeavoring to
	475	+	15.18conceal the stillbirth of any issue, or the death of any issue under the age of two years, shall,
	476	+	15.19subsequent to that conviction, endeavor to conceal any subsequent birth or death, shall be
	477	+	15.20punished by imprisonment for not more than five years. This section does not apply to the
	478	+	15.21disposition of remains resulting from an abortion or miscarriage.
	479	+	15.22 EFFECTIVE DATE.This section is effective the day following final enactment.
	480	+	15.23Sec. 14. Minnesota Statutes 2022, section 617.26, is amended to read:
	481	+	15.24 617.26 MAILING AND CARRYING OBSCENE MATTER.
	482	+	15.25 Every person who shall deposit or cause to be deposited in any post office in the state,
	483	+	15.26or place in charge of any express company or other common carrier or person for
	484	+	15.27transportation, any of the articles or things specified in section 617.201 or 617.241, or any
	485	+	15.28circular, book, pamphlet, advertisement or notice relating thereto, with the intent of having
	486	+	15.29the same conveyed by mail, express, or in any other manner; or who shall knowingly or
	487	+	15.30willfully receive the same with intent to carry or convey it, or shall knowingly carry or
	488	+	15Sec. 14.
	489	+	23-01726 as introduced01/03/23 REVISOR SGS/LN 16.1convey the same by express, or in any other manner except by United States mail, shall be
	490	+	16.2guilty of a misdemeanor. The provisions of this section and section 617.201 shall not be
	491	+	16.3construed to apply to an article or instrument used by physicians lawfully practicing, or by
	492	+	16.4their direction or prescription, for the cure or prevention of disease.
	493	+	16.5 EFFECTIVE DATE.This section is effective the day following final enactment.
	494	+	16.6 Sec. 15. REPEALER.
	495	+	16.7 (a) Minnesota Statutes 2022, sections 62Q.145; 144.343, subdivisions 2, 3, 4, 5, 6, and
	496	+	16.87; 145.1621; 145.411, subdivisions 2 and 4; 145.412; 145.413, subdivisions 2 and 3;
	497	+	16.9145.4131; 145.4132; 145.4133; 145.4134; 145.4135; 145.4136; 145.415; 145.416; 145.423;
	498	+	16.10145.4241; 145.4242; 145.4243; 145.4244; 145.4245; 145.4246; 145.4247; 145.4248;
	499	+	16.11145.4249; 145.925, subdivisions 2 and 4; 256B.011; 256B.40; 261.28; 393.07, subdivision
	500	+	16.1211; 609.293, subdivisions 1 and 5; 609.34; 609.36; 617.20; 617.201; 617.202; 617.21;
	501	+	16.13617.28; and 617.29, are repealed.
	502	+	16.14 (b) Minnesota Rules, part 4615.3600, is repealed.
	503	+	16.15 EFFECTIVE DATE.This section is effective the day following final enactment.
512	504		16Sec. 15.
513		-	~~S0070-1 1st Engrossment~~~~SF70~~ REVISOR SGS 62Q.145 ABORTION AND SCOPE OF PRACTICE.
	505	+	23-01726 as introduced01/03/23 REVISOR SGS/LN 62Q.145 ABORTION AND SCOPE OF PRACTICE.
514	506		Health plan company policies related to scope of practice for allied independent health providers,
515	507		midlevel practitioners as defined in section 144.1501, subdivision 1, and other nonphysician health
516	508		care professionals must comply with the requirements governing the performance of abortions in
517	509		section 145.412, subdivision 1.
518	510		144.343 PREGNANCY, VENEREAL DISEASE, ALCOHOL OR DRUG ABUSE,
519	511		ABORTION.
520	512		Subd. 2.Notification concerning abortion.Notwithstanding the provisions of section 13.02,
521	513		subdivision 8, no abortion operation shall be performed upon an unemancipated minor or upon a
522	514		woman for whom a guardian has been appointed pursuant to sections 524.5-101 to 524.5-502
523	515		because of a finding of incapacity, until at least 48 hours after written notice of the pending operation
524	516		has been delivered in the manner specified in subdivisions 2 to 4.
525	517		(a) The notice shall be addressed to the parent at the usual place of abode of the parent and
526	518		delivered personally to the parent by the physician or an agent.
527	519		(b) In lieu of the delivery required by paragraph (a), notice shall be made by certified mail
528	520		addressed to the parent at the usual place of abode of the parent with return receipt requested and
529	521		restricted delivery to the addressee which means postal employee can only deliver the mail to the
530	522		authorized addressee. Time of delivery shall be deemed to occur at 12 o'clock noon on the next day
531	523		on which regular mail delivery takes place, subsequent to mailing.
532	524		Subd. 3.Parent, abortion; definitions.(a) For purposes of this section, "parent" means both
533	525		parents of the pregnant woman if they are both living, one parent of the pregnant woman if only
534	526		one is living or if the second one cannot be located through reasonably diligent effort, or the guardian
535	527		or conservator if the pregnant woman has one.
536	528		(b) For purposes of this section, "abortion" means the use of any means to terminate the
537	529		pregnancy of a woman known to be pregnant with knowledge that the termination with those means
538	530		will, with reasonable likelihood, cause the death of the fetus and "fetus" means any individual
539	531		human organism from fertilization until birth.
540	532		Subd. 4.Limitations.No notice shall be required under this section if:
541	533		(1) the attending physician certifies in the pregnant woman's medical record that the abortion
542	534		is necessary to prevent the woman's death and there is insufficient time to provide the required
543	535		notice; or
544	536		(2) the abortion is authorized in writing by the person or persons who are entitled to notice; or
545	537		(3) the pregnant minor woman declares that she is a victim of sexual abuse, neglect, or physical
546	538		abuse as defined in chapter 260E. Notice of that declaration shall be made to the proper authorities
547	539		as provided in section 260E.06.
548	540		Subd. 5.Penalty.Performance of an abortion in violation of this section shall be a misdemeanor
549	541		and shall be grounds for a civil action by a person wrongfully denied notification. A person shall
550	542		not be held liable under this section if the person establishes by written evidence that the person
551	543		relied upon evidence sufficient to convince a careful and prudent person that the representations of
552	544		the pregnant woman regarding information necessary to comply with this section are bona fide and
553	545		true, or if the person has attempted with reasonable diligence to deliver notice, but has been unable
554	546		to do so.
555	547		Subd. 6.Substitute notification provisions.If subdivision 2 of this law is ever temporarily or
556	548		permanently restrained or enjoined by judicial order, subdivision 2 shall be enforced as though the
557	549		following paragraph were incorporated as paragraph (c) of that subdivision; provided, however,
558	550		that if such temporary or permanent restraining order or injunction is ever stayed or dissolved, or
559	551		otherwise ceases to have effect, subdivision 2 shall have full force and effect, without being modified
560	552		by the addition of the following substitute paragraph which shall have no force or effect until or
561	553		unless an injunction or restraining order is again in effect.
562	554		(c)(1) If such a pregnant woman elects not to allow the notification of one or both of her parents
563	555		or guardian or conservator, any judge of a court of competent jurisdiction shall, upon petition, or
564	556		motion, and after an appropriate hearing, authorize a physician to perform the abortion if said judge
565	557		determines that the pregnant woman is mature and capable of giving informed consent to the
566	558		proposed abortion. If said judge determines that the pregnant woman is not mature, or if the pregnant
567	559		woman does not claim to be mature, the judge shall determine whether the performance of an
568	560		1R
569	561		APPENDIX
570		-	Repealed Minnesota Statutes: ~~S0070-1~~ abortion upon her without notification of her parents, guardian, or conservator would be in her best
	562	+	Repealed Minnesota Statutes: 23-01726 abortion upon her without notification of her parents, guardian, or conservator would be in her best
571	563		interests and shall authorize a physician to perform the abortion without such notification if said
572	564		judge concludes that the pregnant woman's best interests would be served thereby.
573	565		(2) Such a pregnant woman may participate in proceedings in the court on her own behalf, and
574	566		the court may appoint a guardian ad litem for her. The court shall, however, advise her that she has
575	567		a right to court appointed counsel, and shall, upon her request, provide her with such counsel.
576	568		(3) Proceedings in the court under this section shall be confidential and shall be given such
577	569		precedence over other pending matters so that the court may reach a decision promptly and without
578	570		delay so as to serve the best interests of the pregnant woman. A judge of the court who conducts
579	571		proceedings under this section shall make in writing specific factual findings and legal conclusions
580	572		supporting the decision and shall order a record of the evidence to be maintained including the
581	573		judge's own findings and conclusions.
582	574		(4) An expedited confidential appeal shall be available to any such pregnant woman for whom
583	575		the court denies an order authorizing an abortion without notification. An order authorizing an
584	576		abortion without notification shall not be subject to appeal. No filing fees shall be required of any
585	577		such pregnant woman at either the trial or the appellate level. Access to the trial court for the
586	578		purposes of such a petition or motion, and access to the appellate courts for purposes of making an
587	579		appeal from denial of the same, shall be afforded such a pregnant woman 24 hours a day, seven
588	580		days a week.
589	581		Subd. 7.Severability.If any provision, word, phrase or clause of this section or the application
590	582		thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the
591	583		provisions, words, phrases, clauses or application of this section which can be given effect without
592	584		the invalid provision, word, phrase, clause, or application, and to this end the provisions, words,
593	585		phrases, and clauses of this section are declared to be severable.
594	586		145.1621 DISPOSITION OF ABORTED OR MISCARRIED FETUSES.
595	587		Subdivision 1.Purpose.The purpose of this section is to protect the public health and welfare
596	588		by providing for the dignified and sanitary disposition of the remains of aborted or miscarried
597	589		human fetuses in a uniform manner and to declare violations of this section to be a public nuisance.
598	590		Subd. 2.Definition; remains of a human fetus.For the purposes of this section, the term
599	591		"remains of a human fetus" means the remains of the dead offspring of a human being that has
600	592		reached a stage of development so that there are cartilaginous structures, fetal or skeletal parts after
601	593		an abortion or miscarriage, whether or not the remains have been obtained by induced, spontaneous,
602	594		or accidental means.
603	595		Subd. 3.Regulation of disposal.Remains of a human fetus resulting from an abortion or
604	596		miscarriage, induced or occurring accidentally or spontaneously at a hospital, clinic, or medical
605	597		facility must be deposited or disposed of in this state only at the place and in the manner provided
606	598		by this section or, if not possible, as directed by the commissioner of health.
607	599		Subd. 4.Disposition; tests.Hospitals, clinics, and medical facilities in which abortions are
608	600		induced or occur spontaneously or accidentally and laboratories to which the remains of human
609	601		fetuses are delivered must provide for the disposal of the remains by cremation, interment by burial,
610	602		or in a manner directed by the commissioner of health. The hospital, clinic, medical facility, or
611	603		laboratory may complete laboratory tests necessary for the health of the woman or her future
612	604		offspring or for purposes of a criminal investigation or determination of parentage prior to disposing
613	605		of the remains.
614	606		Subd. 5.Violation; penalty.Failure to comply with this section constitutes a public nuisance.
615	607		A person, firm, or corporation failing to comply with this section is guilty of a misdemeanor.
616	608		Subd. 6.Exclusions.To comply with this section, a religious service or ceremony is not required
617	609		as part of the disposition of the remains of a human fetus, and no discussion of the method of
618	610		disposition is required with the woman obtaining an induced abortion.
619	611		145.411 REGULATION OF ABORTIONS; DEFINITIONS.
620	612		Subd. 2.Viable."Viable" means able to live outside the womb even though artificial aid may
621	613		be required. During the second half of its gestation period a fetus shall be considered potentially
622	614		"viable."
623	615		2R
624	616		APPENDIX
625		-	Repealed Minnesota Statutes: ~~S0070-1~~ Subd. 4.Abortion facility."Abortion facility" means those places properly recognized and
	617	+	Repealed Minnesota Statutes: 23-01726 Subd. 4.Abortion facility."Abortion facility" means those places properly recognized and
626	618		licensed by the state commissioner of health under lawful rules promulgated by the commissioner
627	619		for the performance of abortions.
628	620		145.412 CRIMINAL ACTS.
629	621		Subdivision 1.Requirements.It shall be unlawful to willfully perform an abortion unless the
630	622		abortion is performed:
631	623		(1) by a physician licensed to practice medicine pursuant to chapter 147, or a physician in
632	624		training under the supervision of a licensed physician;
633	625		(2) in a hospital or abortion facility if the abortion is performed after the first trimester;
634	626		(3) in a manner consistent with the lawful rules promulgated by the state commissioner of health;
635	627		and
636	628		(4) with the consent of the woman submitting to the abortion after a full explanation of the
637	629		procedure and effect of the abortion.
638	630		Subd. 2.Unconsciousness; lifesaving.It shall be unlawful to perform an abortion upon a woman
639	631		who is unconscious except if the woman has been rendered unconscious for the purpose of having
640	632		an abortion or if the abortion is necessary to save the life of the woman.
641	633		Subd. 3.Viability.It shall be unlawful to perform an abortion when the fetus is potentially
642	634		viable unless:
643	635		(1) the abortion is performed in a hospital;
644	636		(2) the attending physician certifies in writing that in the physician's best medical judgment the
645	637		abortion is necessary to preserve the life or health of the pregnant woman; and
646	638		(3) to the extent consistent with sound medical practice the abortion is performed under
647	639		circumstances which will reasonably assure the live birth and survival of the fetus.
648	640		Subd. 4.Penalty.A person who performs an abortion in violation of this section is guilty of a
649	641		felony.
650	642		145.413 RECORDING AND REPORTING HEALTH DATA.
651	643		Subd. 2.Death of woman.If any woman who has had an abortion dies from any cause within
652	644		30 days of the abortion or from any cause potentially related to the abortion within 90 days of the
653	645		abortion, that fact shall be reported to the state commissioner of health.
654	646		Subd. 3.Penalty.A physician who performs an abortion and who fails to comply with
655	647		subdivision 1 and transmit the required information to the state commissioner of health within 30
656	648		days after the abortion is guilty of a misdemeanor.
657	649		145.4131 RECORDING AND REPORTING ABORTION DATA.
658	650		Subdivision 1.Forms.(a) Within 90 days of July 1, 1998, the commissioner shall prepare a
659	651		reporting form for use by physicians or facilities performing abortions. A copy of this section shall
660	652		be attached to the form. A physician or facility performing an abortion shall obtain a form from the
661	653		commissioner.
662	654		(b) The form shall require the following information:
663	655		(1) the number of abortions performed by the physician in the previous calendar year, reported
664	656		by month;
665	657		(2) the method used for each abortion;
666	658		(3) the approximate gestational age expressed in one of the following increments:
667	659		(i) less than nine weeks;
668	660		(ii) nine to ten weeks;
669	661		(iii) 11 to 12 weeks;
670	662		(iv) 13 to 15 weeks;
671	663		(v) 16 to 20 weeks;
672	664		3R
673	665		APPENDIX
674		-	Repealed Minnesota Statutes: ~~S0070-1~~ (vi) 21 to 24 weeks;
	666	+	Repealed Minnesota Statutes: 23-01726 (vi) 21 to 24 weeks;
675	667		(vii) 25 to 30 weeks;
676	668		(viii) 31 to 36 weeks; or
677	669		(ix) 37 weeks to term;
678	670		(4) the age of the woman at the time the abortion was performed;
679	671		(5) the specific reason for the abortion, including, but not limited to, the following:
680	672		(i) the pregnancy was a result of rape;
681	673		(ii) the pregnancy was a result of incest;
682	674		(iii) economic reasons;
683	675		(iv) the woman does not want children at this time;
684	676		(v) the woman's emotional health is at stake;
685	677		(vi) the woman's physical health is at stake;
686	678		(vii) the woman will suffer substantial and irreversible impairment of a major bodily function
687	679		if the pregnancy continues;
688	680		(viii) the pregnancy resulted in fetal anomalies; or
689	681		(ix) unknown or the woman refused to answer;
690	682		(6) the number of prior induced abortions;
691	683		(7) the number of prior spontaneous abortions;
692	684		(8) whether the abortion was paid for by:
693	685		(i) private coverage;
694	686		(ii) public assistance health coverage; or
695	687		(iii) self-pay;
696	688		(9) whether coverage was under:
697	689		(i) a fee-for-service plan;
698	690		(ii) a capitated private plan; or
699	691		(iii) other;
700	692		(10) complications, if any, for each abortion and for the aftermath of each abortion. Space for
701	693		a description of any complications shall be available on the form;
702	694		(11) the medical specialty of the physician performing the abortion;
703	695		(12) if the abortion was performed via telehealth, the facility code for the patient and the facility
704	696		code for the physician; and
705	697		(13) whether the abortion resulted in a born alive infant, as defined in section 145.423,
706	698		subdivision 4, and:
707	699		(i) any medical actions taken to preserve the life of the born alive infant;
708	700		(ii) whether the born alive infant survived; and
709	701		(iii) the status of the born alive infant, should the infant survive, if known.
710	702		Subd. 2.Submission.A physician performing an abortion or a facility at which an abortion is
711	703		performed shall complete and submit the form to the commissioner no later than April 1 for abortions
712	704		performed in the previous calendar year. The annual report to the commissioner shall include the
713	705		methods used to dispose of fetal tissue and remains.
714	706		Subd. 3.Additional reporting.Nothing in this section shall be construed to preclude the
715	707		voluntary or required submission of other reports or forms regarding abortions.
716	708		4R
717	709		APPENDIX
718		-	Repealed Minnesota Statutes: ~~S0070-1~~ 145.4132 RECORDING AND REPORTING ABORTION COMPLICATION DATA.
	710	+	Repealed Minnesota Statutes: 23-01726 145.4132 RECORDING AND REPORTING ABORTION COMPLICATION DATA.
719	711		Subdivision 1.Forms.(a) Within 90 days of July 1, 1998, the commissioner shall prepare an
720	712		abortion complication reporting form for all physicians licensed and practicing in the state. A copy
721	713		of this section shall be attached to the form.
722	714		(b) The Board of Medical Practice shall ensure that the abortion complication reporting form
723	715		is distributed:
724	716		(1) to all physicians licensed to practice in the state, within 120 days after July 1, 1998, and by
725	717		December 1 of each subsequent year; and
726	718		(2) to a physician who is newly licensed to practice in the state, at the same time as official
727	719		notification to the physician that the physician is so licensed.
728	720		Subd. 2.Required reporting.A physician licensed and practicing in the state who knowingly
729	721		encounters an illness or injury that, in the physician's medical judgment, is related to an induced
730	722		abortion or the facility where the illness or injury is encountered shall complete and submit an
731	723		abortion complication reporting form to the commissioner.
732	724		Subd. 3.Submission.A physician or facility required to submit an abortion complication
733	725		reporting form to the commissioner shall do so as soon as practicable after the encounter with the
734	726		abortion-related illness or injury.
735	727		Subd. 4.Additional reporting.Nothing in this section shall be construed to preclude the
736	728		voluntary or required submission of other reports or forms regarding abortion complications.
737	729		145.4133 REPORTING OUT-OF-STATE ABORTIONS.
738	730		The commissioner of human services shall report to the commissioner by April 1 each year the
739	731		following information regarding abortions paid for with state funds and performed out of state in
740	732		the previous calendar year:
741	733		(1) the total number of abortions performed out of state and partially or fully paid for with state
742	734		funds through the medical assistance or MinnesotaCare program, or any other program;
743	735		(2) the total amount of state funds used to pay for the abortions and expenses incidental to the
744	736		abortions; and
745	737		(3) the gestational age at the time of abortion.
746	738		145.4134 COMMISSIONER'S PUBLIC REPORT.
747	739		(a) By July 1 of each year, except for 1998 and 1999 information, the commissioner shall issue
748	740		a public report providing statistics for the previous calendar year compiled from the data submitted
749	741		under sections 145.4131 to 145.4133 and sections 145.4241 to 145.4249. For 1998 and 1999
750	742		information, the report shall be issued October 1, 2000. Each report shall provide the statistics for
751	743		all previous calendar years, adjusted to reflect any additional information from late or corrected
752	744		reports. The commissioner shall ensure that none of the information included in the public reports
753	745		can reasonably lead to identification of an individual having performed or having had an abortion.
754	746		All data included on the forms under sections 145.4131 to 145.4133 and sections 145.4241 to
755	747		145.4249 must be included in the public report, except that the commissioner shall maintain as
756	748		confidential, data which alone or in combination may constitute information from which an individual
757	749		having performed or having had an abortion may be identified using epidemiologic principles.
758	750		(b) The commissioner may, by rules adopted under chapter 14, alter the submission dates
759	751		established under sections 145.4131 to 145.4133 for administrative convenience, fiscal savings, or
760	752		other valid reason, provided that physicians or facilities and the commissioner of human services
761	753		submit the required information once each year and the commissioner issues a report once each
762	754		year.
763	755		145.4135 ENFORCEMENT; PENALTIES.
764	756		(a) If the commissioner finds that a physician or facility has failed to submit the required form
765	757		under section 145.4131 within 60 days following the due date, the commissioner shall notify the
766	758		physician or facility that the form is late. A physician or facility who fails to submit the required
767	759		form under section 145.4131 within 30 days following notification from the commissioner that a
768	760		report is late is subject to a late fee of $500 for each 30-day period, or portion thereof, that the form
769	761		is overdue. If a physician or facility required to report under this section does not submit a report,
770	762		or submits only an incomplete report, more than one year following the due date, the commissioner
771	763		5R
772	764		APPENDIX
773		-	Repealed Minnesota Statutes: ~~S0070-1~~ may take action to fine the physician or facility or may bring an action to require that the physician
	765	+	Repealed Minnesota Statutes: 23-01726 may take action to fine the physician or facility or may bring an action to require that the physician
774	766		or facility be directed by a court of competent jurisdiction to submit a complete report within a
775	767		period stated by court order or be subject to sanctions for civil contempt. Notwithstanding section
776	768		13.39 to the contrary, action taken by the commissioner to enforce the provision of this section
777	769		shall be treated as private if the data related to this action, alone or in combination, may constitute
778	770		information from which an individual having performed or having had an abortion may be identified
779	771		using epidemiologic principles.
780	772		(b) If the commissioner fails to issue the public report required under section 145.4134 or fails
781	773		in any way to enforce this section, a group of 100 or more citizens of the state may seek an injunction
782	774		in a court of competent jurisdiction against the commissioner requiring that a complete report be
783	775		issued within a period stated by court order or requiring that enforcement action be taken.
784	776		(c) A physician or facility reporting in good faith and exercising due care shall have immunity
785	777		from civil, criminal, or administrative liability that might otherwise result from reporting. A physician
786	778		who knowingly or recklessly submits a false report under this section is guilty of a misdemeanor.
787	779		(d) The commissioner may take reasonable steps to ensure compliance with sections 145.4131
788	780		to 145.4133 and to verify data provided, including but not limited to, inspection of places where
789	781		abortions are performed in accordance with chapter 14.
790	782		(e) The commissioner shall develop recommendations on appropriate penalties and methods of
791	783		enforcement for physicians or facilities who fail to submit the report required under section 145.4132,
792	784		submit an incomplete report, or submit a late report. The commissioner shall also assess the
793	785		effectiveness of the enforcement methods and penalties provided in paragraph (a) and shall
794	786		recommend appropriate changes, if any. These recommendations shall be reported to the chairs of
795	787		the senate Health and Family Security Committee and the house of representatives Health and
796	788		Human Services Committee by November 15, 1998.
797	789		145.4136 SEVERABILITY.
798	790		If any one or more provision, section, subdivision, sentence, clause, phrase, or word in sections
799	791		145.4131 to 145.4135, or the application thereof to any person or circumstance is found to be
800	792		unconstitutional, the same is hereby declared to be severable and the balance of sections 145.4131
801	793		to 145.4135 shall remain effective notwithstanding such unconstitutionality. The legislature hereby
802	794		declares that it would have passed sections 145.4131 to 145.4135, and each provision, section,
803	795		subdivision, sentence, clause, phrase, or word thereof, irrespective of the fact that any one or more
804	796		provision, section, subdivision, sentence, clause, phrase, or word be declared unconstitutional.
805	797		145.415 LIVE FETUS AFTER ABORTION, TREATMENT.
806	798		Subdivision 1.Recognition.A potentially viable fetus which is live born following an attempted
807	799		abortion shall be fully recognized as a human person under the law.
808	800		Subd. 2.Medical care.If an abortion of a potentially viable fetus results in a live birth, the
809	801		responsible medical personnel shall take all reasonable measures, in keeping with good medical
810	802		practice, to preserve the life and health of the live born person.
811	803		Subd. 3.Status.(1) Unless the abortion is performed to save the life of the woman or child, or,
812	804		(2) unless one or both of the parents of the unborn child agrees within 30 days of the birth to accept
813	805		the parental rights and responsibilities for the child if it survives the abortion, whenever an abortion
814	806		of a potentially viable fetus results in a live birth, the child shall be an abandoned ward of the state
815	807		and the parents shall have no parental rights or obligations as if the parental rights had been
816	808		terminated pursuant to section 260C.301. The child shall be provided for pursuant to chapter 256J.
817	809		145.416 LICENSING AND REGULATION OF FACILITIES.
818	810		The state commissioner of health shall license and promulgate rules for facilities as defined in
819	811		section 145.411, subdivision 4, which are organized for purposes of delivering abortion services.
820	812		145.423 ABORTION; LIVE BIRTHS.
821	813		Subdivision 1.Recognition; medical care.A born alive infant as a result of an abortion shall
822	814		be fully recognized as a human person, and accorded immediate protection under the law. All
823	815		reasonable measures consistent with good medical practice, including the compilation of appropriate
824	816		medical records, shall be taken by the responsible medical personnel to preserve the life and health
825	817		of the born alive infant.
826	818		6R
827	819		APPENDIX
828		-	Repealed Minnesota Statutes: ~~S0070-1~~ Subd. 2.Physician required.When an abortion is performed after the 20th week of pregnancy,
	820	+	Repealed Minnesota Statutes: 23-01726 Subd. 2.Physician required.When an abortion is performed after the 20th week of pregnancy,
829	821		a physician, other than the physician performing the abortion, shall be immediately accessible to
830	822		take all reasonable measures consistent with good medical practice, including the compilation of
831	823		appropriate medical records, to preserve the life and health of any born alive infant that is the result
832	824		of the abortion.
833	825		Subd. 3.Death.If a born alive infant described in subdivision 1 dies after birth, the body shall
834	826		be disposed of in accordance with the provisions of section 145.1621.
835	827		Subd. 4.Definition of born alive infant.(a) In determining the meaning of any Minnesota
836	828		statute, or of any ruling, regulation, or interpretation of the various administrative bureaus and
837	829		agencies of Minnesota, the words "person," "human being," "child," and "individual" shall include
838	830		every infant member of the species Homo sapiens who is born alive at any stage of development.
839	831		(b) As used in this section, the term "born alive," with respect to a member of the species Homo
840	832		sapiens, means the complete expulsion or extraction from his or her mother of that member, at any
841	833		stage of development, who, after such expulsion or extraction, breathes or has a beating heart,
842	834		pulsation of the umbilical cord, or definite movement of voluntary muscles, regardless of whether
843	835		the umbilical cord has been cut, and regardless of whether the expulsion or extraction occurs as a
844	836		result of a natural or induced labor, cesarean section, or induced abortion.
845	837		(c) Nothing in this section shall be construed to affirm, deny, expand, or contract any legal
846	838		status or legal right applicable to any member of the species Homo sapiens at any point prior to
847	839		being born alive, as defined in this section.
848	840		Subd. 5.Civil and disciplinary actions.(a) Any person upon whom an abortion has been
849	841		performed, or the parent or guardian of the mother if the mother is a minor, and the abortion results
850	842		in the infant having been born alive, may maintain an action for death of or injury to the born alive
851	843		infant against the person who performed the abortion if the death or injury was a result of simple
852	844		negligence, gross negligence, wantonness, willfulness, intentional conduct, or another violation of
853	845		the legal standard of care.
854	846		(b) Any responsible medical personnel that does not take all reasonable measures consistent
855	847		with good medical practice to preserve the life and health of the born alive infant, as required by
856	848		subdivision 1, may be subject to the suspension or revocation of that person's professional license
857	849		by the professional board with authority over that person. Any person who has performed an abortion
858	850		and against whom judgment has been rendered pursuant to paragraph (a) shall be subject to an
859	851		automatic suspension of the person's professional license for at least one year and said license shall
860	852		be reinstated only after the person's professional board requires compliance with this section by all
861	853		board licensees.
862	854		(c) Nothing in this subdivision shall be construed to hold the mother of the born alive infant
863	855		criminally or civilly liable for the actions of a physician, nurse, or other licensed health care provider
864	856		in violation of this section to which the mother did not give her consent.
865	857		Subd. 6.Protection of privacy in court proceedings.In every civil action brought under this
866	858		section, the court shall rule whether the anonymity of any female upon whom an abortion has been
867	859		performed or attempted shall be preserved from public disclosure if she does not give her consent
868	860		to such disclosure. The court, upon motion or sua sponte, shall make such a ruling and, upon
869	861		determining that her anonymity should be preserved, shall issue orders to the parties, witnesses,
870	862		and counsel and shall direct the sealing of the record and exclusion of individuals from courtrooms
871	863		or hearing rooms to the extent necessary to safeguard her identity from public disclosure. Each
872	864		order must be accompanied by specific written findings explaining why the anonymity of the female
873	865		should be preserved from public disclosure, why the order is essential to that end, how the order is
874	866		narrowly tailored to serve that interest, and why no reasonable, less restrictive alternative exists.
875	867		This section may not be construed to conceal the identity of the plaintiff or of witnesses from the
876	868		defendant.
877	869		Subd. 7.Status of born alive infant.Unless the abortion is performed to save the life of the
878	870		woman or fetus, or, unless one or both of the parents of the born alive infant agree within 30 days
879	871		of the birth to accept the parental rights and responsibilities for the child, the child shall be an
880	872		abandoned ward of the state and the parents shall have no parental rights or obligations as if the
881	873		parental rights had been terminated pursuant to section 260C.301. The child shall be provided for
882	874		pursuant to chapter 256J.
883	875		Subd. 8.Severability.If any one or more provision, section, subdivision, sentence, clause,
884	876		phrase, or word of this section or the application of it to any person or circumstance is found to be
885	877		7R
886	878		APPENDIX
887		-	Repealed Minnesota Statutes: ~~S0070-1~~ unconstitutional, it is declared to be severable and the balance of this section shall remain effective
	879	+	Repealed Minnesota Statutes: 23-01726 unconstitutional, it is declared to be severable and the balance of this section shall remain effective
888	880		notwithstanding such unconstitutionality. The legislature intends that it would have passed this
889	881		section, and each provision, section, subdivision, sentence, clause, phrase, or word, regardless of
890	882		the fact that any one provision, section, subdivision, sentence, clause, phrase, or word is declared
891	883		unconstitutional.
892	884		Subd. 9.Short title.This section may be cited as the "Born Alive Infants Protection Act."
893	885		145.4241 DEFINITIONS.
894	886		Subdivision 1.Applicability.As used in sections 145.4241 to 145.4249, the following terms
895	887		have the meanings given them.
896	888		Subd. 2.Abortion."Abortion" means the use or prescription of any instrument, medicine, drug,
897	889		or any other substance or device to intentionally terminate the pregnancy of a female known to be
898	890		pregnant, with an intention other than to increase the probability of a live birth, to preserve the life
899	891		or health of the child after live birth, or to remove a dead fetus.
900	892		Subd. 3.Attempt to perform an abortion."Attempt to perform an abortion" means an act, or
901	893		an omission of a statutorily required act, that, under the circumstances as the actor believes them
902	894		to be, constitutes a substantial step in a course of conduct planned to culminate in the performance
903	895		of an abortion in Minnesota in violation of sections 145.4241 to 145.4249.
904	896		Subd. 3a.Fetal anomaly incompatible with life."Fetal anomaly incompatible with life" means
905	897		a fetal anomaly diagnosed before birth that will with reasonable certainty result in death of the
906	898		unborn child within three months. Fetal anomaly incompatible with life does not include conditions
907	899		which can be treated.
908	900		Subd. 4.Medical emergency."Medical emergency" means any condition that, on the basis of
909	901		the physician's good faith clinical judgment, so complicates the medical condition of a pregnant
910	902		female as to necessitate the immediate abortion of her pregnancy to avert her death or for which a
911	903		delay will create serious risk of substantial and irreversible impairment of a major bodily function.
912	904		Subd. 4a.Perinatal hospice.(a) "Perinatal hospice" means comprehensive support to the female
913	905		and her family that includes support from the time of diagnosis through the time of birth and death
914	906		of the infant and through the postpartum period. Supportive care may include maternal-fetal medical
915	907		specialists, obstetricians, neonatologists, anesthesia specialists, clergy, social workers, and specialty
916	908		nurses.
917	909		(b) The availability of perinatal hospice provides an alternative to families for whom elective
918	910		pregnancy termination is not chosen.
919	911		Subd. 5.Physician."Physician" means a person licensed as a physician or osteopathic physician
920	912		under chapter 147.
921	913		Subd. 6.Probable gestational age of the unborn child."Probable gestational age of the unborn
922	914		child" means what will, in the judgment of the physician, with reasonable probability, be the
923	915		gestational age of the unborn child at the time the abortion is planned to be performed.
924	916		Subd. 7.Stable Internet website."Stable Internet website" means a website that, to the extent
925	917		reasonably practicable, is safeguarded from having its content altered other than by the commissioner
926	918		of health.
927	919		Subd. 8.Unborn child."Unborn child" means a member of the species Homo sapiens from
928	920		fertilization until birth.
929	921		145.4242 INFORMED CONSENT.
930	922		(a) No abortion shall be performed in this state except with the voluntary and informed consent
931	923		of the female upon whom the abortion is to be performed. Except in the case of a medical emergency
932	924		or if the fetus has an anomaly incompatible with life, and the female has declined perinatal hospice
933	925		care, consent to an abortion is voluntary and informed only if:
934	926		(1) the female is told the following, by telephone or in person, by the physician who is to perform
935	927		the abortion or by a referring physician, at least 24 hours before the abortion:
936	928		(i) the particular medical risks associated with the particular abortion procedure to be employed
937	929		including, when medically accurate, the risks of infection, hemorrhage, breast cancer, danger to
938	930		subsequent pregnancies, and infertility;
939	931		(ii) the probable gestational age of the unborn child at the time the abortion is to be performed;
940	932		8R
941	933		APPENDIX
942		-	Repealed Minnesota Statutes: ~~S0070-1~~ (iii) the medical risks associated with carrying her child to term; and
	934	+	Repealed Minnesota Statutes: 23-01726 (iii) the medical risks associated with carrying her child to term; and
943	935		(iv) for abortions after 20 weeks gestational, whether or not an anesthetic or analgesic would
944	936		eliminate or alleviate organic pain to the unborn child caused by the particular method of abortion
945	937		to be employed and the particular medical benefits and risks associated with the particular anesthetic
946	938		or analgesic.
947	939		The information required by this clause may be provided by telephone without conducting a
948	940		physical examination or tests of the patient, in which case the information required to be provided
949	941		may be based on facts supplied to the physician by the female and whatever other relevant
950	942		information is reasonably available to the physician. It may not be provided by a tape recording,
951	943		but must be provided during a consultation in which the physician is able to ask questions of the
952	944		female and the female is able to ask questions of the physician. If a physical examination, tests, or
953	945		the availability of other information to the physician subsequently indicate, in the medical judgment
954	946		of the physician, a revision of the information previously supplied to the patient, that revised
955	947		information may be communicated to the patient at any time prior to the performance of the abortion.
956	948		Nothing in this section may be construed to preclude provision of required information in a language
957	949		understood by the patient through a translator;
958	950		(2) the female is informed, by telephone or in person, by the physician who is to perform the
959	951		abortion, by a referring physician, or by an agent of either physician at least 24 hours before the
960	952		abortion:
961	953		(i) that medical assistance benefits may be available for prenatal care, childbirth, and neonatal
962	954		care;
963	955		(ii) that the father is liable to assist in the support of her child, even in instances when the father
964	956		has offered to pay for the abortion; and
965	957		(iii) that she has the right to review the printed materials described in section 145.4243, that
966	958		these materials are available on a state-sponsored website, and what the website address is. The
967	959		physician or the physician's agent shall orally inform the female that the materials have been provided
968	960		by the state of Minnesota and that they describe the unborn child, list agencies that offer alternatives
969	961		to abortion, and contain information on fetal pain. If the female chooses to view the materials other
970	962		than on the website, they shall either be given to her at least 24 hours before the abortion or mailed
971	963		to her at least 72 hours before the abortion by certified mail, restricted delivery to addressee, which
972	964		means the postal employee can only deliver the mail to the addressee.
973	965		The information required by this clause may be provided by a tape recording if provision is
974	966		made to record or otherwise register specifically whether the female does or does not choose to
975	967		have the printed materials given or mailed to her;
976	968		(3) the female certifies in writing, prior to the abortion, that the information described in clauses
977	969		(1) and (2) has been furnished to her and that she has been informed of her opportunity to review
978	970		the information referred to in clause (2), item (iii); and
979	971		(4) prior to the performance of the abortion, the physician who is to perform the abortion or the
980	972		physician's agent obtains a copy of the written certification prescribed by clause (3) and retains it
981	973		on file with the female's medical record for at least three years following the date of receipt.
982	974		(b) Prior to administering the anesthetic or analgesic as described in paragraph (a), clause (1),
983	975		item (iv), the physician must disclose to the woman any additional cost of the procedure for the
984	976		administration of the anesthetic or analgesic. If the woman consents to the administration of the
985	977		anesthetic or analgesic, the physician shall administer the anesthetic or analgesic or arrange to have
986	978		the anesthetic or analgesic administered.
987	979		(c) A female seeking an abortion of her unborn child diagnosed with fetal anomaly incompatible
988	980		with life must be informed of available perinatal hospice services and offered this care as an
989	981		alternative to abortion. If perinatal hospice services are declined, voluntary and informed consent
990	982		by the female seeking an abortion is given if the female receives the information required in
991	983		paragraphs (a), clause (1), and (b). The female must comply with the requirements in paragraph
992	984		(a), clauses (3) and (4).
993	985		145.4243 PRINTED INFORMATION.
994	986		(a) Within 90 days after July 1, 2003, the commissioner of health shall cause to be published,
995	987		in English and in each language that is the primary language of two percent or more of the state's
996	988		population, and shall cause to be available on the state website provided for under section 145.4244
997	989		9R
998	990		APPENDIX
999		-	Repealed Minnesota Statutes: ~~S0070-1~~ the following printed materials in such a way as to ensure that the information is easily
	991	+	Repealed Minnesota Statutes: 23-01726 the following printed materials in such a way as to ensure that the information is easily
1000	992		comprehensible:
1001	993		(1) geographically indexed materials designed to inform the female of public and private agencies
1002	994		and services available to assist a female through pregnancy, upon childbirth, and while the child is
1003	995		dependent, including adoption agencies, which shall include a comprehensive list of the agencies
1004	996		available, a description of the services they offer, and a description of the manner, including telephone
1005	997		numbers, in which they might be contacted or, at the option of the commissioner of health, printed
1006	998		materials including a toll-free, 24-hours-a-day telephone number that may be called to obtain, orally
1007	999		or by a tape recorded message tailored to a zip code entered by the caller, such a list and description
1008	1000		of agencies in the locality of the caller and of the services they offer;
1009	1001		(2) materials designed to inform the female of the probable anatomical and physiological
1010	1002		characteristics of the unborn child at two-week gestational increments from the time when a female
1011	1003		can be known to be pregnant to full term, including any relevant information on the possibility of
1012	1004		the unborn child's survival and pictures or drawings representing the development of unborn children
1013	1005		at two-week gestational increments, provided that any such pictures or drawings must contain the
1014	1006		dimensions of the fetus and must be realistic and appropriate for the stage of pregnancy depicted.
1015	1007		The materials shall be objective, nonjudgmental, and designed to convey only accurate scientific
1016	1008		information about the unborn child at the various gestational ages. The material shall also contain
1017	1009		objective information describing the methods of abortion procedures commonly employed, the
1018	1010		medical risks commonly associated with each procedure, the possible detrimental psychological
1019	1011		effects of abortion, and the medical risks commonly associated with carrying a child to term; and
1020	1012		(3) materials with the following information concerning an unborn child of 20 weeks gestational
1021	1013		age and at two weeks gestational increments thereafter in such a way as to ensure that the information
1022	1014		is easily comprehensible:
1023	1015		(i) the development of the nervous system of the unborn child;
1024	1016		(ii) fetal responsiveness to adverse stimuli and other indications of capacity to experience organic
1025	1017		pain; and
1026	1018		(iii) the impact on fetal organic pain of each of the methods of abortion procedures commonly
1027	1019		employed at this stage of pregnancy.
1028	1020		The material under this clause shall be objective, nonjudgmental, and designed to convey only
1029	1021		accurate scientific information.
1030	1022		(b) The materials referred to in this section must be printed in a typeface large enough to be
1031	1023		clearly legible. The website provided for under section 145.4244 shall be maintained at a minimum
1032	1024		resolution of 70 DPI (dots per inch). All pictures appearing on the website shall be a minimum of
1033	1025		200x300 pixels. All letters on the website shall be a minimum of 11-point font. All information
1034	1026		and pictures shall be accessible with an industry standard browser, requiring no additional plug-ins.
1035	1027		The materials required under this section must be available at no cost from the commissioner of
1036	1028		health upon request and in appropriate number to any person, facility, or hospital.
1037	1029		145.4244 INTERNET WEBSITE.
1038	1030		The commissioner of health shall develop and maintain a stable Internet website to provide the
1039	1031		information described under section 145.4243. No information regarding who uses the website
1040	1032		shall be collected or maintained. The commissioner of health shall monitor the website on a weekly
1041	1033		basis to prevent and correct tampering.
1042	1034		145.4245 PROCEDURE IN CASE OF MEDICAL EMERGENCY .
1043	1035		When a medical emergency compels the performance of an abortion, the physician shall inform
1044	1036		the female, prior to the abortion if possible, of the medical indications supporting the physician's
1045	1037		judgment that an abortion is necessary to avert her death or that a 24-hour delay will create serious
1046	1038		risk of substantial and irreversible impairment of a major bodily function.
1047	1039		145.4246 REPORTING REQUIREMENTS.
1048	1040		Subdivision 1.Reporting form.Within 90 days after July 1, 2003, the commissioner of health
1049	1041		shall prepare a reporting form for physicians containing a reprint of sections 145.4241 to 145.4249
1050	1042		and listing:
1051	1043		(1) the number of females to whom the physician provided the information described in section
1052	1044		145.4242, clause (1); of that number, the number provided by telephone and the number provided
1053	1045		10R
1054	1046		APPENDIX
1055		-	Repealed Minnesota Statutes: ~~S0070-1~~ in person; and of each of those numbers, the number provided in the capacity of a referring physician
	1047	+	Repealed Minnesota Statutes: 23-01726 in person; and of each of those numbers, the number provided in the capacity of a referring physician
1056	1048		and the number provided in the capacity of a physician who is to perform the abortion;
1057	1049		(2) the number of females to whom the physician or an agent of the physician provided the
1058	1050		information described in section 145.4242, clause (2); of that number, the number provided by
1059	1051		telephone and the number provided in person; of each of those numbers, the number provided in
1060	1052		the capacity of a referring physician and the number provided in the capacity of a physician who
1061	1053		is to perform the abortion; and of each of those numbers, the number provided by the physician
1062	1054		and the number provided by an agent of the physician;
1063	1055		(3) the number of females who availed themselves of the opportunity to obtain a copy of the
1064	1056		printed information described in section 145.4243 other than on the website and the number who
1065	1057		did not; and of each of those numbers, the number who, to the best of the reporting physician's
1066	1058		information and belief, went on to obtain the abortion; and
1067	1059		(4) the number of abortions performed by the physician in which information otherwise required
1068	1060		to be provided at least 24 hours before the abortion was not so provided because an immediate
1069	1061		abortion was necessary to avert the female's death and the number of abortions in which such
1070	1062		information was not so provided because a delay would create serious risk of substantial and
1071	1063		irreversible impairment of a major bodily function.
1072	1064		Subd. 2.Distribution of forms.The commissioner of health shall ensure that copies of the
1073	1065		reporting forms described in subdivision 1 are provided:
1074	1066		(1) by December 1, 2003, and by December 1 of each subsequent year thereafter to all physicians
1075	1067		licensed to practice in this state; and
1076	1068		(2) to each physician who subsequently becomes newly licensed to practice in this state, at the
1077	1069		same time as official notification to that physician that the physician is so licensed.
1078	1070		Subd. 3.Reporting requirement.By April 1, 2005, and by April 1 of each subsequent year
1079	1071		thereafter, each physician who provided, or whose agent provided, information to one or more
1080	1072		females in accordance with section 145.4242 during the previous calendar year shall submit to the
1081	1073		commissioner of health a copy of the form described in subdivision 1 with the requested data entered
1082	1074		accurately and completely.
1083	1075		Subd. 4.Additional reporting.Nothing in this section shall be construed to preclude the
1084	1076		voluntary or required submission of other reports or forms regarding abortions.
1085	1077		Subd. 5.Failure to report as required.Reports that are not submitted by the end of a grace
1086	1078		period of 30 days following the due date shall be subject to a late fee of $500 for each additional
1087	1079		30-day period or portion of a 30-day period they are overdue. Any physician required to report
1088	1080		according to this section who has not submitted a report, or has submitted only an incomplete report,
1089	1081		more than one year following the due date, may, in an action brought by the commissioner of health,
1090	1082		be directed by a court of competent jurisdiction to submit a complete report within a period stated
1091	1083		by court order or be subject to sanctions for civil contempt.
1092	1084		Subd. 6.Public statistics.By July 1, 2005, and by July 1 of each subsequent year thereafter,
1093	1085		the commissioner of health shall issue a public report providing statistics for the previous calendar
1094	1086		year compiled from all of the reports covering that year submitted according to this section for each
1095	1087		of the items listed in subdivision 1. Each report shall also provide the statistics for all previous
1096	1088		calendar years, adjusted to reflect any additional information from late or corrected reports. The
1097	1089		commissioner of health shall take care to ensure that none of the information included in the public
1098	1090		reports could reasonably lead to the identification of any individual providing or provided information
1099	1091		according to section 145.4242.
1100	1092		Subd. 7.Consolidation.The commissioner of health may consolidate the forms or reports
1101	1093		described in this section with other forms or reports to achieve administrative convenience or fiscal
1102	1094		savings or to reduce the burden of reporting requirements.
1103	1095		145.4247 REMEDIES.
1104	1096		Subdivision 1.Civil remedies.Any person upon whom an abortion has been performed without
1105	1097		complying with sections 145.4241 to 145.4249 may maintain an action against the person who
1106	1098		performed the abortion in knowing or reckless violation of sections 145.4241 to 145.4249 for actual
1107	1099		and punitive damages. Any person upon whom an abortion has been attempted without complying
1108	1100		with sections 145.4241 to 145.4249 may maintain an action against the person who attempted to
1109	1101		perform the abortion in knowing or reckless violation of sections 145.4241 to 145.4249 for actual
1110	1102		and punitive damages. No civil liability may be assessed for failure to comply with section 145.4242,
1111	1103		11R
1112	1104		APPENDIX
1113		-	Repealed Minnesota Statutes: ~~S0070-1~~ clause (2), item (iii), or that portion of section 145.4242, clause (2), requiring written certification
	1105	+	Repealed Minnesota Statutes: 23-01726 clause (2), item (iii), or that portion of section 145.4242, clause (2), requiring written certification
1114	1106		that the female has been informed of her opportunity to review the information referred to in section
1115	1107		145.4242, clause (2), item (iii), unless the commissioner of health has made the printed materials
1116	1108		or website address available at the time the physician or the physician's agent is required to inform
1117	1109		the female of her right to review them.
1118	1110		Subd. 2.Suit to compel statistical report.If the commissioner of health fails to issue the public
1119	1111		report required under section 145.4246, subdivision 6, or fails in any way to enforce Laws 2003,
1120	1112		chapter 14, any group of ten or more citizens of this state may seek an injunction in a court of
1121	1113		competent jurisdiction against the commissioner of health requiring that a complete report be issued
1122	1114		within a period stated by court order. Failure to abide by such an injunction shall subject the
1123	1115		commissioner to sanctions for civil contempt.
1124	1116		Subd. 3.Attorney fees.If judgment is rendered in favor of the plaintiff in any action described
1125	1117		in this section, the court shall also render judgment for reasonable attorney fees in favor of the
1126	1118		plaintiff against the defendant. If judgment is rendered in favor of the defendant and the court finds
1127	1119		that the plaintiff's suit was frivolous and brought in bad faith, the court shall also render judgment
1128	1120		for reasonable attorney fees in favor of the defendant against the plaintiff.
1129	1121		Subd. 4.Protection of privacy in court proceedings.In every civil action brought under
1130	1122		sections 145.4241 to 145.4249, the court shall rule whether the anonymity of any female upon
1131	1123		whom an abortion has been performed or attempted shall be preserved from public disclosure if
1132	1124		she does not give her consent to such disclosure. The court, upon motion or sua sponte, shall make
1133	1125		such a ruling and, upon determining that her anonymity should be preserved, shall issue orders to
1134	1126		the parties, witnesses, and counsel and shall direct the sealing of the record and exclusion of
1135	1127		individuals from courtrooms or hearing rooms to the extent necessary to safeguard her identity from
1136	1128		public disclosure. Each order must be accompanied by specific written findings explaining why
1137	1129		the anonymity of the female should be preserved from public disclosure, why the order is essential
1138	1130		to that end, how the order is narrowly tailored to serve that interest, and why no reasonable, less
1139	1131		restrictive alternative exists. In the absence of written consent of the female upon whom an abortion
1140	1132		has been performed or attempted, anyone, other than a public official, who brings an action under
1141	1133		subdivision 1, shall do so under a pseudonym. This section may not be construed to conceal the
1142	1134		identity of the plaintiff or of witnesses from the defendant.
1143	1135		145.4248 SEVERABILITY.
1144	1136		If any one or more provision, section, subsection, sentence, clause, phrase, or word of sections
1145	1137		145.4241 to 145.4249 or the application thereof to any person or circumstance is found to be
1146	1138		unconstitutional, the same is hereby declared to be severable and the balance of sections 145.4241
1147	1139		to 145.4249 shall remain effective notwithstanding such unconstitutionality. The legislature hereby
1148	1140		declares that it would have passed sections 145.4241 to 145.4249, and each provision, section,
1149	1141		subsection, sentence, clause, phrase, or word thereof, irrespective of the fact that any one or more
1150	1142		provision, section, subsection, sentence, clause, phrase, or word be declared unconstitutional.
1151	1143		145.4249 SUPREME COURT JURISDICTION.
1152	1144		The Minnesota Supreme Court has original jurisdiction over an action challenging the
1153	1145		constitutionality of sections 145.4241 to 145.4249 and shall expedite the resolution of the action.
1154	1146		145.925 FAMILY PLANNING GRANTS.
1155	1147		Subd. 2.Prohibition.The commissioner shall not make special grants pursuant to this section
1156	1148		to any nonprofit corporation which performs abortions. No state funds shall be used under contract
1157	1149		from a grantee to any nonprofit corporation which performs abortions. This provision shall not
1158	1150		apply to hospitals licensed pursuant to sections 144.50 to 144.56, or health maintenance organizations
1159	1151		certified pursuant to chapter 62D.
1160	1152		Subd. 4.Parental notification.Except as provided in sections 144.341 and 144.342, any person
1161	1153		employed to provide family planning services who is paid in whole or in part from funds provided
1162	1154		under this section who advises an abortion or sterilization to any unemancipated minor shall,
1163	1155		following such a recommendation, so notify the parent or guardian of the reasons for such an action.
1164	1156		256B.011 POLICY FOR CHILDBIRTH AND ABORTION FUNDING.
1165	1157		Between normal childbirth and abortion it is the policy of the state of Minnesota that normal
1166	1158		childbirth is to be given preference, encouragement and support by law and by state action, it being
1167	1159		in the best interests of the well being and common good of Minnesota citizens.
1168	1160		12R
1169	1161		APPENDIX
1170		-	Repealed Minnesota Statutes: ~~S0070-1~~ 256B.40 SUBSIDY FOR ABORTIONS PROHIBITED.
	1162	+	Repealed Minnesota Statutes: 23-01726 256B.40 SUBSIDY FOR ABORTIONS PROHIBITED.
1171	1163		No medical assistance funds of this state or any agency, county, municipality or any other
1172	1164		subdivision thereof and no federal funds passing through the state treasury or the state agency shall
1173	1165		be authorized or paid pursuant to this chapter to any person or entity for or in connection with any
1174	1166		abortion that is not eligible for funding pursuant to sections 256B.02, subdivision 8, and 256B.0625.
1175	1167		261.28 SUBSIDY FOR ABORTIONS PROHIBITED.
1176	1168		No funds of this state or any subdivision thereof administered under this chapter shall be
1177	1169		authorized for or in connection with any abortion that is not eligible for funding pursuant to sections
1178	1170		256B.02, subdivision 8, and 256B.0625.
1179	1171		393.07 POWERS AND DUTIES.
1180	1172		Subd. 11.Abortion services; policy and powers.In keeping with the public policy of Minnesota
1181	1173		to give preference to childbirth over abortion, Minnesota local social services agencies shall not
1182	1174		provide any medical assistance grant or reimbursement for any abortion not eligible for funding
1183	1175		pursuant to sections 256B.02, subdivision 8, and 256B.0625.
1184	1176		609.293 SODOMY.
1185	1177		Subdivision 1.Definition."Sodomy" means carnally knowing any person by the anus or by or
1186	1178		with the mouth.
1187	1179		Subd. 5.Consensual acts.Whoever, in cases not coming within the provisions of sections
1188	1180		609.342 or 609.344, voluntarily engages in or submits to an act of sodomy with another may be
1189	1181		sentenced to imprisonment for not more than one year or to payment of a fine of not more than
1190	1182		$3,000, or both.
1191	1183		609.34 FORNICATION.
1192	1184		When any man and single woman have sexual intercourse with each other, each is guilty of
1193	1185		fornication, which is a misdemeanor.
1194	1186		609.36 ADULTERY.
1195	1187		Subdivision 1.Acts constituting.When a married woman has sexual intercourse with a man
1196	1188		other than her husband, whether married or not, both are guilty of adultery and may be sentenced
1197	1189		to imprisonment for not more than one year or to payment of a fine of not more than $3,000, or
1198	1190		both.
1199	1191		Subd. 2.Limitations.No prosecution shall be commenced under this section except on complaint
1200	1192		of the husband or the wife, except when such husband or wife lacks the mental capacity, nor after
1201	1193		one year from the commission of the offense.
1202	1194		Subd. 3.Defense.It is a defense to violation of this section if the marital status of the woman
1203	1195		was not known to the defendant at the time of the act of adultery.
1204	1196		617.20 DRUGS TO PRODUCE MISCARRIAGE.
1205	1197		Whoever shall manufacture, give, or sell an instrument, drug, or medicine, or any other substance,
1206	1198		with intent that the same may be unlawfully used in producing the miscarriage of a woman, shall
1207	1199		be guilty of a felony.
1208	1200		617.201 INDECENT ARTICLES AND INFORMATION.
1209	1201		Every person who shall sell, lend, or give away, or in any manner exhibit, or offer to sell, lend,
1210	1202		or give away, or have in possession with intent to sell, lend, give away, or advertise or offer for
1211	1203		sale, loan, or distribution, any instrument or article, or any drug or medicine for causing unlawful
1212	1204		abortion; or shall write or print, or cause to be written or printed, a card, circular, pamphlet,
1213	1205		advertisement, or notice of any kind, or shall give oral information, stating when, where, how, or
1214	1206		whom, or by what means such article or medicine can be obtained or who manufactures it, shall be
1215	1207		guilty of a gross misdemeanor and punished by imprisonment in the county jail for not more than
1216	1208		one year or by a fine of not more than $3,000, or by both.
1217	1209		617.202 SALE OF ARTICLES RELATING TO PREVENTION OF CONCEPTION OR
1218	1210		DISEASE.
1219	1211		Instruments, articles, drugs or medicines for the prevention of conception or disease may be
1220	1212		sold, offered for sale, distributed or dispensed only by persons or organizations recognized as dealing
1221	1213		13R
1222	1214		APPENDIX
1223		-	Repealed Minnesota Statutes: ~~S0070-1~~ primarily with health or welfare. Anyone convicted of violation of this section shall be guilty of a
	1215	+	Repealed Minnesota Statutes: 23-01726 primarily with health or welfare. Anyone convicted of violation of this section shall be guilty of a
1224	1216		gross misdemeanor and punished by imprisonment not to exceed one year or by a fine of not more
1225	1217		than $3,000 or both.
1226	1218		617.21 EVIDENCE.
1227	1219		In any prosecution for abortion or attempting abortion, no person shall be excused from testifying
1228	1220		as a witness on the ground that the person's testimony would tend to criminate the person.
1229	1221		617.28 CERTAIN MEDICAL ADVERTISEMENTS.
1230	1222		Subdivision 1.Placing advertisement; penalty.Any person who shall advertise, in the person's
1231	1223		own name or in the name of another person, firm or pretended firm, association, corporation or
1232	1224		pretended corporation, in any newspaper, pamphlet, circular, or other written or printed paper, or
1233	1225		the owner, publisher, or manager of any newspaper or periodical who shall permit to be inserted
1234	1226		or published in any newspaper or periodical owned or controlled by the owner, publisher, or manager,
1235	1227		the treatment or curing of venereal diseases, the restoration of "lost virility" or "lost vitality," or
1236	1228		shall advertise in any manner that the person is a specialist in diseases of the sexual organs, or
1237	1229		diseases caused by sexual weakness, self-abuse, or excessive sexual indulgence, or in any disease
1238	1230		of like causes, or who shall advertise in any manner any medicine, drug compound, appliance or
1239	1231		any means whatever whereby it is claimed that sexual diseases of men and women may be cured
1240	1232		or relieved, or miscarriage or abortion produced, shall be guilty of a gross misdemeanor and shall
1241	1233		be punished by a fine of not less than $50 nor more than $3,000 or by imprisonment in the county
1242	1234		jail for not more than six months.
1243	1235		Subd. 2.Publication; penalty.Any person publishing, distributing, or causing to be distributed
1244	1236		or circulated, any of the advertising matter hereinabove prohibited, shall be guilty of a misdemeanor
1245	1237		and punished as prescribed in subdivision 1.
1246	1238		617.29 EVIDENCE.
1247	1239		The production of any advertisement or advertising matter published or distributed contrary to
1248	1240		the provisions of this section and section 617.28 shall be of itself prima facie evidence of the guilt
1249	1241		of the person advertising to cure any such disease hereinabove mentioned, or of the publishers who
1250	1242		publish any matter such as is herein prohibited.
1251	1243		14R
1252	1244		APPENDIX
1253		-	Repealed Minnesota Statutes: ~~S0070-1~~ 4615.3600REPORTS TO THE COMMISSIONER OF HEALTH.
	1245	+	Repealed Minnesota Statutes: 23-01726 4615.3600REPORTS TO THE COMMISSIONER OF HEALTH.
1254	1246		Subpart 1.Statistical reports.Each ambulatory facility shall submit a written
1255	1247		compilation of statistical data quarterly to the commissioner of health on such forms and in
1256	1248		such manner as the commissioner may prescribe.
1257	1249		Subp. 2.Reporting terminations.An ambulatory facility shall report all pregnancy
1258	1250		terminations performed by its staff as follows:
1259	1251		A.By the tenth of each month all pregnancy terminations performed in the
1260	1252		ambulatory facility during the preceding month shall be reported on forms prescribed by
1261	1253		the commissioner which shall include but not be limited to the following items:
1262	1254		(1)patient's city, county and state of residency;
1263	1255		(2)census tract for city of Minneapolis and city of Saint Paul;
1264	1256		(3)patient or chart number;
1265	1257		(4)age;
1266	1258		(5)race;
1267	1259		(6)marital status;
1268	1260		(7)number of living children;
1269	1261		(8)facility name;
1270	1262		(9)facility address;
1271	1263		(10)number of previous induced pregnancy terminations patient;
1272	1264		(11)estimate of gestational age;
1273	1265		(12)date of pregnancy termination; and
1274	1266		(13)type of termination procedure.
1275	1267		B.All surgery-related or anesthesia-related complications which result in morbidity
1276	1268		or death of a patient shall be reported in writing to the commissioner within 15 days from
1277	1269		the notification to the ambulatory facility of the morbidity or death of the patient.
1278	1270		C.The commissioner shall ensure and maintain confidentiality of all individual
1279	1271		pregnancy termination records.
1280		-	9505.0235ABORTION SERVICES.
1281		-	Subpart 1.Definition.For purposes of this part, "abortion related services" means
1282		-	services provided in connection with an elective abortion except those services which would
1283		-	otherwise be provided in the course of a pregnancy. Examples of abortion related services
1284		-	include hospitalization when the abortion is performed in an inpatient setting, the use of a
1285		-	facility when the abortion is performed in an outpatient setting, counseling about the abortion,
1286		-	general and local anesthesia provided in connection with the abortion, and antibiotics
1287		-	provided directly after the abortion.
1288		-	Medically necessary services that are not considered to be abortion related include
1289		-	family planning services as defined in part 9505.0280, subpart 1, history and physical
1290		-	examination, tests for pregnancy and venereal disease, blood tests, rubella titer, ultrasound
1291		-	tests, rhoGAM(TM), pap smear, and laboratory examinations for the purpose of detecting
1292		-	fetal abnormalities.
1293		-	Treatment for infection or other complications of the abortion are covered services.
1294		-	Subp. 2.Payment limitation.Unless otherwise provided by law, an abortion related
1295		-	service provided to a recipient is eligible for medical assistance payment if the abortion
1296		-	meets the conditions in item A, B, or C.
1297	1272		15R
1298	1273		APPENDIX
1299		-	Repealed Minnesota Rules: S0070-1 A.The abortion must be necessary to prevent the death of a pregnant woman who
1300		-	has given her written consent to the abortion. If the pregnant woman is physically or legally
1301		-	incapable of giving her written consent to the procedure, authorization for the abortion must
1302		-	be obtained as specified in Minnesota Statutes, section 144.343. The necessity of the abortion
1303		-	to prevent the death of the pregnant woman must be certified in writing by two physicians
1304		-	before the abortion is performed.
1305		-	B.The pregnancy is the result of criminal sexual conduct as defined in Minnesota
1306		-	Statutes, section 609.342, paragraphs (c) to (f). The conduct must be reported to a law
1307		-	enforcement agency within 48 hours after its occurrence. If the victim is physically unable
1308		-	to report the criminal sexual conduct within 48 hours after its occurrence, the report must
1309		-	be made within 48 hours after the victim becomes physically able to report the criminal
1310		-	sexual conduct.
1311		-	C.The pregnancy is the result of incest. Before the abortion, the incest and the
1312		-	name of the relative allegedly committing the incest must be reported to a law enforcement
1313		-	agency.
1314		-	16R
1315		-	APPENDIX
1316		-	Repealed Minnesota Rules: S0070-1
	1274	+	Repealed Minnesota Rules: 23-01726