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