Skip to main content Skip to office menu Skip to footer
Capital IconMinnesota Legislature

HF 3258

2nd Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.
Line numbers 1.1 1.2 1.3 1.4 1.5 1.6 1.7
1.8 1.9 1.10 1.11
1.12 1.13 1.14 1.15 1.16 1.17 1.18 1.19 1.20 1.21 1.22 1.23 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.9 2.10 2.11 2.12 2.13 2.14 2.15 2.16 2.17 2.18 2.19 2.20 2.21 2.22 2.23 2.24 2.25 2.26 2.27 2.28 2.29 2.30 2.31 2.32 2.33 2.34 2.35 2.36 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 3.10 3.11 3.12 3.13 3.14 3.15 3.16 3.17 3.18 3.19 3.20 3.21 3.22 3.23 3.24 3.25 3.26 3.27 3.28 3.29 3.30 3.31 3.32 3.33 3.34 3.35 3.36 4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.8 4.9 4.10 4.11 4.12 4.13 4.14 4.15 4.16 4.17 4.18 4.19 4.20 4.21 4.22 4.23 4.24 4.25 4.26 4.27 4.28 4.29 4.30 4.31 4.32 4.33 4.34 4.35 5.1 5.2 5.3 5.4 5.5 5.6 5.7 5.8 5.9 5.10 5.11 5.12 5.13
5.14 5.15 5.16 5.17 5.18 5.19 5.20 5.21 5.22 5.23 5.24 5.25 5.26 5.27 5.28 5.29 5.30 5.31 5.32
5.33 6.1 6.2 6.3 6.4 6.5 6.6 6.7 6.8 6.9 6.10 6.11 6.12 6.13 6.14 6.15

A bill for an act
relating to health; requiring reporting on notification that is required before
an abortion is performed on a minor or certain other women; providing civil
penalties; amending Minnesota Statutes 2004, section 13.3806, by adding a
subdivision; proposing coding for new law in Minnesota Statutes, chapters 144;
145.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2004, section 13.3806, is amended by adding a
subdivision to read:


new text begin Subd. 21. new text end

new text begin Abortion notification data. new text end

new text begin Classification of data in abortion notification
reports is governed by section 144.3431.
new text end

Sec. 2.

new text begin [144.3431] ABORTION NOTIFICATION DATA.
new text end

new text begin Subdivision 1. new text end

new text begin Reporting form. new text end

new text begin (a) Within 90 days of the effective date of this
section, the commissioner of health shall prepare a reporting form for use by physicians
and facilities performing abortions under the circumstances specified in paragraph (b).
new text end

new text begin (b) The form shall require the following information:
new text end

new text begin (1) the number of minors or women for whom a guardian has been appointed under
sections 524.5-301 to 524.5-317 because of a finding of incompetency for whom the
physician or an agent of the physician provided the notice described in section 144.343,
subdivision 2; of that number, the number of notices provided personally as described in
section 144.343, subdivision 2, paragraph (a), and the number of notices provided by
mail as described in section 144.343, subdivision 2, paragraph (b); and of each of those
numbers, the number who, to the best of the reporting physician's or reporting facility's
information and belief, went on to obtain the abortion from the reporting physician or
reporting physician's facility, or from the reporting facility;
new text end

new text begin (2) the number of minors or women for whom a guardian has been appointed under
sections 524.5-301 to 524.5-317 because of a finding of incompetency upon whom
the physician performed an abortion without providing the notice described in section
144.343, subdivision 2; and of that number, the number who were emancipated minors,
and the number for whom section 144.343, subdivision 4, was applicable, itemized by
each of the limitations identified in paragraphs (a), (b), and (c) of that subdivision;
new text end

new text begin (3) the number of abortions performed by the physician for which judicial
authorization was received and for which the notification described in section 144.343,
subdivision 2, was not provided;
new text end

new text begin (4) the county the female resides in; the county where the abortion was performed, if
different from the female's residence; and, if a judicial bypass was obtained, the judicial
district it was obtained in;
new text end

new text begin (5) the age of the female;
new text end

new text begin (6) the race of the female;
new text end

new text begin (7) the process the physician or the physician's agent used to inform the minor
female, or a woman for whom a guardian has been appointed under sections 524.5-301
to 524.5-317 because of a finding of incompetency, of the judicial bypass; whether court
forms were provided to her; and whether the physician or the physician's agent made
the court arrangement for the minor female, or a woman for whom a guardian has been
appointed under sections 524.5-301 to 524.5-317 because of a finding of incompetency;
and
new text end

new text begin (8) how soon after visiting the abortion facility the minor female, or a woman for
whom a guardian has been appointed under section 524.5-301 to 524.5-317 because of a
finding of incompetency, went to court to obtain a judicial bypass.
new text end

new text begin Subd. 2. new text end

new text begin Forms to physicians and facilities. new text end

new text begin Physicians and facilities required to
report under subdivision 3 shall obtain reporting forms from the commissioner.
new text end

new text begin Subd. 3. new text end

new text begin Submission. new text end

new text begin (a) The following physicians or facilities must submit the
forms to the commissioner no later than April 1 for abortions performed on minors or
women for whom a guardian has been appointed in the previous calendar year:
new text end

new text begin (1) a physician who provides, or whose agent provides, the notice described in
section 144.343, subdivision 2, or the facility at which the notice is provided; and
new text end

new text begin (2) a physician who knowingly performs an abortion upon a minor, or a woman for
whom a guardian has been appointed under sections 524.5-301 to 524.5-317 because of a
finding of incompetency, or a facility at which such an abortion is performed.
new text end

new text begin (b) The commissioner shall maintain as confidential data which alone or in
combination may constitute information that would reasonably lead, using epidemiologic
principles, to the identification of:
new text end

new text begin (1) an individual who has had an abortion, who has received judicial authorization
for an abortion, or to whom the notice described in section 144.343, subdivision 2, has
been provided; or
new text end

new text begin (2) a physician or facility required to report under paragraph (a).
new text end

new text begin Subd. 4. new text end

new text begin Failure to report as required. new text end

new text begin (a) Reports that are not submitted more
than 30 days following the due date shall be subject to a late fee of $500 for each
additional 30-day period or portion of a 30-day period overdue. If a physician or facility
required to report under this section has not submitted a report, or has submitted only
an incomplete report, more than one year following the due date, the commissioner of
health shall bring an action in a court of competent jurisdiction for an order directing the
physician or facility to submit a complete report within a period stated by court order or be
subject to sanctions. If the commissioner brings such an action for an order directing a
physician or facility to submit a complete report, the court may assess reasonable attorney
fees and costs against the noncomplying party.
new text end

new text begin (b) Notwithstanding section 13.39, data related to actions taken by the commissioner
to enforce any provision of this section is private data if the data, alone or in combination,
may constitute information that would reasonably lead, using epidemiologic principles, to
the identification of:
new text end

new text begin (1) an individual who has had an abortion, who has received judicial authorization
for an abortion, or to whom the notice described in section 144.343, subdivision 2, has
been provided; or
new text end

new text begin (2) a physician or facility required to report under subdivision 3.
new text end

new text begin Subd. 5. new text end

new text begin Public records. new text end

new text begin (a) By September 30 of each year, the commissioner of
health shall issue a public report providing statistics for each item listed in subdivision 1
for the previous calendar year compiled from reports submitted according to this section.
The report shall also include statistics, which shall be obtained from court administrators,
that include:
new text end

new text begin (1) the total number of petitions or motions filed under section 144.343, subdivision
6, paragraph (c), clause (i);
new text end

new text begin (2) the number of cases in which the court appointed a guardian ad litem;
new text end

new text begin (3) the number of cases in which the court appointed counsel;
new text end

new text begin (4) the number of cases in which the judge issued an order authorizing an abortion
without notification, including:
new text end

new text begin (i) the number of petitions or motions granted by the court because of a finding of
maturity and the basis for that finding; and
new text end

new text begin (ii) the number of petitions or motions granted because of a finding that the abortion
would be in the best interest of the minor and the basis for that finding;
new text end

new text begin (5) the number of denials from which an appeal was filed;
new text end

new text begin (6) the number of appeals that resulted in a denial being affirmed; and
new text end

new text begin (7) the number of appeals that resulted in reversal of a denial.
new text end

new text begin (b) The report shall provide the statistics for all previous calendar years for which a
public report was required to be issued, adjusted to reflect any additional information from
late or corrected reports.
new text end

new text begin (c) The commissioner shall ensure that all statistical information included in the
public reports are presented so that the data cannot reasonably lead, using epidemiologic
principles, to the identification of:
new text end

new text begin (1) an individual who has had an abortion, who has received judicial authorization
for an abortion, or to whom the notice described in section 144.343, subdivision 2, has
been provided; or
new text end

new text begin (2) a physician or facility who has submitted a form to the commissioner under
subdivision 3.
new text end

new text begin Subd. 6. new text end

new text begin Modification of requirements. new text end

new text begin The commissioner of health may, by
administrative rule, alter the dates established in subdivisions 3 and 5, consolidate the
forms created according to subdivision 1 with the reporting form created according
to section 145.4131, or consolidate reports to achieve administrative convenience or
fiscal savings, to allow physicians and facilities to submit all information collected by
the commissioner regarding abortions at one time, or to reduce the burden of the data
collection, so long as the report described in subdivision 5 is issued at least once a year.
new text end

new text begin Subd. 7. new text end

new text begin Suit to compel statistical report. new text end

new text begin If the commissioner of health fails to
issue the public report required under subdivision 5, any group of ten or more citizens
of the state may seek an injunction in a court of competent jurisdiction against the
commissioner, requiring that a complete report be issued within a period stated by court
order. Failure to abide by the injunction shall subject the commissioner to sanctions
for civil contempt.
new text end

new text begin Subd. 8. new text end

new text begin Attorney fees. new text end

new text begin If judgment is rendered in favor of the plaintiff in any
action described in this section, the court shall also render judgment for a reasonable
attorney fee in favor of the plaintiff against the defendant. If the judgment is rendered in
favor of the defendant and the court finds that plaintiff's suit was frivolous and brought
in bad faith, the court shall render judgment for a reasonable attorney fee in favor of
the defendant against the plaintiff.
new text end

new text begin Subd. 9. new text end

new text begin Severability. new text end

new text begin If any one or more provision, section, subdivision,
sentence, clause, phrase, or word of this section or the application thereof to any person
or circumstance is found to be unconstitutional, the same is hereby declared to be
severable and the balance of this section shall remain effective notwithstanding such
unconstitutionality. The legislature intends that it would have passed this section, and each
provision, section, subdivision, sentence, clause, phrase, or word thereof irrespective of
the fact that any one provision, section, subdivision, sentence, clause, phrase, or word be
declared unconstitutional.
new text end

new text begin Subd. 10. new text end

new text begin Supreme Court jurisdiction. new text end

new text begin The Minnesota Supreme Court has original
jurisdiction over an action challenging the constitutionality of this section and shall
expedite the resolution of the action.
new text end

Sec. 3.

new text begin [145.4122] NONHOSPITAL-PERFORMED ABORTIONS;
REQUIREMENT; MISDEMEANOR.
new text end

new text begin Subdivision 1. new text end

new text begin Physician requirement. new text end

new text begin A physician performing or inducing an
abortion who does not have clinical privileges at a hospital which offers obstetrical or
gynecological care within the state and within 20 miles of the location where the abortion
is performed or induced is guilty of a misdemeanor and is subject to the criminal penalties
provided by law. For purposes of this section, abortion has the meaning given in section
144.343, subdivision 3.
new text end

new text begin Subd. 2. new text end

new text begin Severability. new text end

new text begin If any one or more provision, section, subdivision,
sentence, clause, phrase, or word of this section or the application thereof to any person
or circumstance is found to be unconstitutional, the same is hereby declared to be
severable and the balance of this section shall remain effective notwithstanding such
unconstitutionality. The legislature intends that it would have passed this section, and each
provision, section, subdivision, sentence, clause, phrase, or word thereof irrespective of
the fact that any one provision, section, subdivision, sentence, clause, phrase, or word be
declared unconstitutional.
new text end

new text begin Subd. 3. new text end

new text begin Supreme Court jurisdiction. new text end

new text begin The Minnesota Supreme Court has original
jurisdiction over an action challenging the constitutionality of this section and shall
expedite the resolution of the action.
new text end

Sec. 4. new text begin PROHIBITION ON USE OF STATE FUNDS.
new text end

new text begin Subdivision 1. new text end

new text begin Use of funds. new text end

new text begin Funding for state-sponsored health programs shall not
be used for funding abortions, except to the extent necessary for continued participation
in a federal program. For purposes of this section, abortion has the meaning given in
Minnesota Statutes, section 144.343, subdivision 3.
new text end

new text begin Subd. 2. new text end

new text begin Severability. new text end

new text begin If any one or more provision, section, subdivision,
sentence, clause, phrase, or word of this section or the application thereof to any person
or circumstance is found to be unconstitutional, the same is hereby declared to be
severable and the balance of this section shall remain effective notwithstanding such
unconstitutionality. The legislature intends that it would have passed this section, and each
provision, section, subdivision, sentence, clause, phrase, or word thereof irrespective of
the fact that any one provision, section, subdivision, sentence, clause, phrase, or word be
declared unconstitutional.
new text end

new text begin Subd. 3. new text end

new text begin Supreme Court jurisdiction. new text end

new text begin The Minnesota Supreme Court has original
jurisdiction over an action challenging the constitutionality of this section and shall
expedite the resolution of the action.
new text end