1 | 1 | | 1.1 A bill for an act |
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2 | 2 | | 1.2 relating to health care; prohibiting discrimination against an individual for the |
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3 | 3 | | 1.3 refusal of certain medical interventions for reasons of conscience, including |
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4 | 4 | | 1.4 religious convictions; proposing coding for new law as Minnesota Statutes, chapter |
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5 | 5 | | 1.5 363B. |
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6 | 6 | | 1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: |
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7 | 7 | | 1.7 Section 1. [363B.01] CONSCIENTIOUS RIGHT TO REFUSE MEDICAL |
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8 | 8 | | 1.8INTERVENTION. |
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9 | 9 | | 1.9 Subdivision 1.Definitions.(a) For the purposes of this section, the terms defined in this |
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10 | 10 | | 1.10subdivision have the meanings given. |
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11 | 11 | | 1.11 (b) "Individual" means someone who is eighteen years of age or older or is an |
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12 | 12 | | 1.12emancipated minor. |
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13 | 13 | | 1.13 (c) "Political subdivision" means a county, township, municipal corporation, or other |
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14 | 14 | | 1.14body corporate and politic responsible for governmental activities in a geographic area |
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15 | 15 | | 1.15smaller than that of the state. Political subdivision includes a board of health of a city or |
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16 | 16 | | 1.16general health district. |
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17 | 17 | | 1.17 (d) "Private college" means an institution of higher education that is not owned or |
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18 | 18 | | 1.18operated by the government. |
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19 | 19 | | 1.19 (e) "Public official" means any officer, employee, or duly authorized agent or |
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20 | 20 | | 1.20representative of a state agency or political subdivision. |
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21 | 21 | | 1Section 1. |
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22 | 22 | | 25-02136 as introduced02/05/25 REVISOR SGS/MI |
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23 | 23 | | SENATE |
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24 | 24 | | STATE OF MINNESOTA |
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25 | 25 | | S.F. No. 1529NINETY-FOURTH SESSION |
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26 | 26 | | (SENATE AUTHORS: MATHEWS, Gruenhagen and Lucero) |
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27 | 27 | | OFFICIAL STATUSD-PGDATE |
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28 | 28 | | Introduction and first reading02/17/2025 |
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29 | 29 | | Referred to Health and Human Services 2.1 (f) "State agency" means any organized agency, board, body, commission, department, |
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30 | 30 | | 2.2institution, office, or other entity established by the laws of the state for the exercise of any |
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31 | 31 | | 2.3function of state government. State agency does not include a court. |
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32 | 32 | | 2.4 (g) "State institution of higher education" means an institution governed by either the |
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33 | 33 | | 2.5Board of Trustees of the Minnesota State Colleges and Universities or the Board of Regents |
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34 | 34 | | 2.6of the University of Minnesota. |
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35 | 35 | | 2.7 Subd. 2.Prohibiting discrimination based on refusing medical intervention.(a) A |
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36 | 36 | | 2.8business, employer including an administrator or supervisor, health plan issuer, health care |
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37 | 37 | | 2.9provider, hospital, institution, nursing home, person, political subdivision, private college, |
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38 | 38 | | 2.10public official, residential care facility, state agency, or state institution of higher education |
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39 | 39 | | 2.11shall not do any of the following based on an individual's refusal of any biologic vaccine, |
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40 | 40 | | 2.12pharmaceutical, drug, gene editing technology, RNA-based product, or DNA-based product |
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41 | 41 | | 2.13for reasons of conscience, including religious convictions: |
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42 | 42 | | 2.14 (1) deny employment to the individual or terminate the individual's employment; |
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43 | 43 | | 2.15 (2) deny a service, including a public service, to the individual; |
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44 | 44 | | 2.16 (3) deny the individual access to commerce; |
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45 | 45 | | 2.17 (4) segregate the individual; |
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46 | 46 | | 2.18 (5) penalize the individual or use financial coercion against the individual; or |
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47 | 47 | | 2.19 (6) treat the individual differently than an individual who accepted the medical |
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48 | 48 | | 2.20intervention. |
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49 | 49 | | 2.21 (b) If an individual believes that a violation of paragraph (a) has occurred, the individual |
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50 | 50 | | 2.22may do one or both of the following: |
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51 | 51 | | 2.23 (1) petition a court of competent jurisdiction for injunctive relief or a declaratory |
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52 | 52 | | 2.24judgment; or |
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53 | 53 | | 2.25 (2) bring a private civil action for money damages in a court of competent jurisdiction |
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54 | 54 | | 2.26against the business, employer including an administrator or supervisor, health plan issuer, |
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55 | 55 | | 2.27health care provider, hospital, institution, nursing home, person, political subdivision, private |
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56 | 56 | | 2.28college, public official, residential care facility, state agency, or state institution of higher |
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57 | 57 | | 2.29education. |
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58 | 58 | | 2.30 (c) To prevail in a civil action, the individual must prove by a preponderance of the |
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59 | 59 | | 2.31evidence that the entity in paragraph (b), clause (2), violated one or more of the provisions |
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60 | 60 | | 2.32in paragraph (a). |
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61 | 61 | | 2Section 1. |
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62 | 62 | | 25-02136 as introduced02/05/25 REVISOR SGS/MI 3.1 (d) Whenever an individual who petitions for injunctive relief or a declaratory judgment |
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63 | 63 | | 3.2prevails in that petition, the court shall award the individual court costs and reasonable |
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64 | 64 | | 3.3attorney fees. |
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65 | 65 | | 3.4 (e) Whenever an individual files a private civil action for money damages prevails in |
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66 | 66 | | 3.5that action, the court shall award the individual all of the following: |
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67 | 67 | | 3.6 (1) court costs; |
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68 | 68 | | 3.7 (2) reasonable attorney fees; and |
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69 | 69 | | 3.8 (3) three times the amount of the individual's actual damages or two hundred dollars, |
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70 | 70 | | 3.9whichever is greater. |
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71 | 71 | | 3.10 Subd. 3.Prevailing law.(a) Notwithstanding any provision of law to the contrary, the |
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72 | 72 | | 3.11provisions of this section prevail over any conflicting provisions in general law, to the extent |
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73 | 73 | | 3.12of the conflict, unless the general law contains a specific exemption from this section; in |
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74 | 74 | | 3.13which case the general law prevails, but only to the extent of the exemption. |
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75 | 75 | | 3.14 (b) No provision of this section shall prevent the recommendation of, education about, |
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76 | 76 | | 3.15or access to any of the medical interventions in subdivision 2. |
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77 | 77 | | 3Section 1. |
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78 | 78 | | 25-02136 as introduced02/05/25 REVISOR SGS/MI |
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