Bill Text: MN HF2675 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Prescribing physician required to be physically present when abortion-inducing drugs are administered.
Spectrum: Partisan Bill (Republican 6-0)
Status: (Introduced - Dead) 2012-03-28 - Author added Petersen, B. [HF2675 Detail]
Download: Minnesota-2011-HF2675-Introduced.html
1.2relating to health; requiring a prescribing physician be physically present when
1.3certain abortion-inducing drugs are administered; providing for criminal penalty;
1.4proposing coding for new law in Minnesota Statutes, chapter 145.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. [145.4233] ABORTION REGULATION; PHYSICAL PRESENCE
1.7OF PHYSICIAN REQUIRED.
1.8 Subdivision 1. Definitions. For purposes of this section, the following terms have
1.9the meanings given:
1.10(1) "Abortion" means the use or prescription of any instrument, medicine, drug,
1.11or any other substance or device to terminate the pregnancy of a woman known to be
1.12pregnant with an intention other than to increase the probability of a live birth, to preserve
1.13the life or health of the child after live birth, or to remove a dead unborn child who died as
1.14the result of natural causes in utero, accidental trauma, or a criminal assault on the pregnant
1.15woman or her unborn child, and which causes the premature termination of the pregnancy.
1.16(2) "Attempt to perform or induce an abortion" means an act, or an omission of
1.17a statutorily required act, that, under the circumstances as the actor believes them to
1.18be, constitutes a substantial step in a course of conduct planned to culminate in the
1.19performance or induction of an abortion in this state in violation of this act.
1.20(3) "Physician" means a person licensed to practice medicine in the state pursuant
1.21to chapter 147.
1.22 Subd. 2. Physician's physical presence required. When RU-486 (mifepristone)
1.23or any other drug or chemical is used for the purpose of inducing an abortion, the drug
1.24or chemical must be administered in the same room and in the physical presence of the
2.1physician who prescribed, dispensed, or otherwise provided the drug or chemical to the
2.2patient. The physician inducing the abortion, or a person acting on behalf of the physician
2.3inducing the abortion, shall make all reasonable efforts to ensure that the patient returns
2.412 to 18 days after the administration or use of RU-486 (mifepristone) or any other drug
2.5or chemical for a follow-up visit so that the physician can confirm that the pregnancy has
2.6been terminated and assess the patient's medical condition. A brief description of the
2.7efforts made to comply with this subdivision, including the date, time, and identification by
2.8name of the person making such efforts, shall be included in the patient's medical record.
2.9 Subd. 3. Criminal penalty. Any person who knowingly or recklessly performs or
2.10attempts to perform an abortion in violation of this section shall be guilty of a felony. No
2.11penalty may be assessed against the female upon whom the abortion is performed or
2.12attempted to be performed.
2.13 Subd. 4. Civil action. (a) Any female upon whom an abortion has been performed,
2.14the father of the unborn child who was the subject of the abortion if the father was married
2.15to the woman who received the abortion at the time the abortion was performed, or a
2.16maternal grandparent of the unborn child, may maintain an action against the person who
2.17performed the abortion in knowing or reckless violation of this section for actual and
2.18punitive damages. Any female upon whom an abortion has been attempted in knowing or
2.19reckless violation of this section may maintain an action against the person who attempted
2.20to perform the abortion for actual and punitive damages.
2.21(b) A cause of action for injunctive relief against any person who has knowingly or
2.22recklessly violated this section may be maintained by the woman upon whom an abortion
2.23was performed or attempted to be performed in violation of this section; by any person
2.24who is the spouse, parent, sibling, or guardian of, or a current or former licensed health
2.25care provider of, the woman upon whom an abortion has been performed or attempted
2.26to be performed in violation of this section; by a county attorney with appropriate
2.27jurisdiction; or by the attorney general. The injunction shall prevent the abortion provider
2.28from performing further abortions in violation of this section.
2.29 Subd. 5. Attorney fees. A prevailing plaintiff in an action under subdivision 4 is
2.30entitled to an award of reasonable attorney fees. A prevailing defendant in an action under
2.31subdivision 4 is entitled to reasonable attorney fees if the court finds that the plaintiff's
2.32suit was frivolous and brought in bad faith.
2.33 Subd. 6. No cause of action against pregnant woman. No pregnant female
2.34who obtains or possesses RU-486 (mifepristone) or any other drug or chemical for the
2.35purpose of inducing an abortion to terminate her own pregnancy shall be subject to any
2.36action brought under subdivision 4.
3.1 Subd. 7. Identity in court proceedings. In every civil or criminal proceeding
3.2brought under this section, the court shall determine whether the anonymity of any female
3.3upon whom an abortion has been performed or attempted shall be preserved from public
3.4disclosure if she does not give her consent to such disclosure. The court, upon motion or
3.5sua sponte, shall make such a ruling and, upon determining that her anonymity should
3.6be preserved, shall issue orders to the parties, witnesses, and counsel and shall direct the
3.7sealing of the record and exclusion of individuals from courtrooms or hearing rooms to
3.8the extent necessary to safeguard her identity from public disclosure. Each order shall be
3.9accompanied by specific written findings explaining why the anonymity of the female
3.10should be preserved from public disclosure, why the order is essential to that end, how
3.11the order is narrowly tailored to serve that interest, and why no reasonable less restrictive
3.12alternative exists. In the absence of written consent of the female upon whom an abortion
3.13has been performed or attempted, anyone, other than a public official, who brings an
3.14action under subdivision 4 shall do so under a pseudonym. This subdivision may not be
3.15construed to conceal the identity of the plaintiff or witnesses from the defendant.
3.16 Subd. 8. Severability. If any one or more provision, section, subdivision,
3.17paragraph, sentence, clause, phrase, or word of this section or the application thereof to
3.18any person or circumstance is found to be unconstitutional, the same is hereby declared
3.19to be severable and the balance of this section shall remain effective notwithstanding
3.20such unconstitutionality. The legislature hereby declares that it would have passed this
3.21section, and each provision, section, subdivision, paragraph, sentence, clause, phrase, or
3.22word thereof, irrespective of the fact that any one or more provision, section, subdivision,
3.23paragraph, sentence, clause, phrase, or word be declared unconstitutional.
3.24EFFECTIVE DATE.This section is effective August 1, 2012, and applies to causes
3.25of action that arise on or after that date.
1.3certain abortion-inducing drugs are administered; providing for criminal penalty;
1.4proposing coding for new law in Minnesota Statutes, chapter 145.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. [145.4233] ABORTION REGULATION; PHYSICAL PRESENCE
1.7OF PHYSICIAN REQUIRED.
1.8 Subdivision 1. Definitions. For purposes of this section, the following terms have
1.9the meanings given:
1.10(1) "Abortion" means the use or prescription of any instrument, medicine, drug,
1.11or any other substance or device to terminate the pregnancy of a woman known to be
1.12pregnant with an intention other than to increase the probability of a live birth, to preserve
1.13the life or health of the child after live birth, or to remove a dead unborn child who died as
1.14the result of natural causes in utero, accidental trauma, or a criminal assault on the pregnant
1.15woman or her unborn child, and which causes the premature termination of the pregnancy.
1.16(2) "Attempt to perform or induce an abortion" means an act, or an omission of
1.17a statutorily required act, that, under the circumstances as the actor believes them to
1.18be, constitutes a substantial step in a course of conduct planned to culminate in the
1.19performance or induction of an abortion in this state in violation of this act.
1.20(3) "Physician" means a person licensed to practice medicine in the state pursuant
1.21to chapter 147.
1.22 Subd. 2. Physician's physical presence required. When RU-486 (mifepristone)
1.23or any other drug or chemical is used for the purpose of inducing an abortion, the drug
1.24or chemical must be administered in the same room and in the physical presence of the
2.1physician who prescribed, dispensed, or otherwise provided the drug or chemical to the
2.2patient. The physician inducing the abortion, or a person acting on behalf of the physician
2.3inducing the abortion, shall make all reasonable efforts to ensure that the patient returns
2.412 to 18 days after the administration or use of RU-486 (mifepristone) or any other drug
2.5or chemical for a follow-up visit so that the physician can confirm that the pregnancy has
2.6been terminated and assess the patient's medical condition. A brief description of the
2.7efforts made to comply with this subdivision, including the date, time, and identification by
2.8name of the person making such efforts, shall be included in the patient's medical record.
2.9 Subd. 3. Criminal penalty. Any person who knowingly or recklessly performs or
2.10attempts to perform an abortion in violation of this section shall be guilty of a felony. No
2.11penalty may be assessed against the female upon whom the abortion is performed or
2.12attempted to be performed.
2.13 Subd. 4. Civil action. (a) Any female upon whom an abortion has been performed,
2.14the father of the unborn child who was the subject of the abortion if the father was married
2.15to the woman who received the abortion at the time the abortion was performed, or a
2.16maternal grandparent of the unborn child, may maintain an action against the person who
2.17performed the abortion in knowing or reckless violation of this section for actual and
2.18punitive damages. Any female upon whom an abortion has been attempted in knowing or
2.19reckless violation of this section may maintain an action against the person who attempted
2.20to perform the abortion for actual and punitive damages.
2.21(b) A cause of action for injunctive relief against any person who has knowingly or
2.22recklessly violated this section may be maintained by the woman upon whom an abortion
2.23was performed or attempted to be performed in violation of this section; by any person
2.24who is the spouse, parent, sibling, or guardian of, or a current or former licensed health
2.25care provider of, the woman upon whom an abortion has been performed or attempted
2.26to be performed in violation of this section; by a county attorney with appropriate
2.27jurisdiction; or by the attorney general. The injunction shall prevent the abortion provider
2.28from performing further abortions in violation of this section.
2.29 Subd. 5. Attorney fees. A prevailing plaintiff in an action under subdivision 4 is
2.30entitled to an award of reasonable attorney fees. A prevailing defendant in an action under
2.31subdivision 4 is entitled to reasonable attorney fees if the court finds that the plaintiff's
2.32suit was frivolous and brought in bad faith.
2.33 Subd. 6. No cause of action against pregnant woman. No pregnant female
2.34who obtains or possesses RU-486 (mifepristone) or any other drug or chemical for the
2.35purpose of inducing an abortion to terminate her own pregnancy shall be subject to any
2.36action brought under subdivision 4.
3.1 Subd. 7. Identity in court proceedings. In every civil or criminal proceeding
3.2brought under this section, the court shall determine whether the anonymity of any female
3.3upon whom an abortion has been performed or attempted shall be preserved from public
3.4disclosure if she does not give her consent to such disclosure. The court, upon motion or
3.5sua sponte, shall make such a ruling and, upon determining that her anonymity should
3.6be preserved, shall issue orders to the parties, witnesses, and counsel and shall direct the
3.7sealing of the record and exclusion of individuals from courtrooms or hearing rooms to
3.8the extent necessary to safeguard her identity from public disclosure. Each order shall be
3.9accompanied by specific written findings explaining why the anonymity of the female
3.10should be preserved from public disclosure, why the order is essential to that end, how
3.11the order is narrowly tailored to serve that interest, and why no reasonable less restrictive
3.12alternative exists. In the absence of written consent of the female upon whom an abortion
3.13has been performed or attempted, anyone, other than a public official, who brings an
3.14action under subdivision 4 shall do so under a pseudonym. This subdivision may not be
3.15construed to conceal the identity of the plaintiff or witnesses from the defendant.
3.16 Subd. 8. Severability. If any one or more provision, section, subdivision,
3.17paragraph, sentence, clause, phrase, or word of this section or the application thereof to
3.18any person or circumstance is found to be unconstitutional, the same is hereby declared
3.19to be severable and the balance of this section shall remain effective notwithstanding
3.20such unconstitutionality. The legislature hereby declares that it would have passed this
3.21section, and each provision, section, subdivision, paragraph, sentence, clause, phrase, or
3.22word thereof, irrespective of the fact that any one or more provision, section, subdivision,
3.23paragraph, sentence, clause, phrase, or word be declared unconstitutional.
3.24EFFECTIVE DATE.This section is effective August 1, 2012, and applies to causes
3.25of action that arise on or after that date.
