Bill Text: MN HF646 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Reproductive privacy right established.
Spectrum: Partisan Bill (Democrat 9-0)
Status: (Introduced - Dead) 2011-03-07 - Author added Thissen [HF646 Detail]
Download: Minnesota-2011-HF646-Introduced.html
1.2relating to health; establishing a right to reproductive privacy;proposing coding
1.3for new law as Minnesota Statutes, chapter 145D.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. [145D.01] SHORT TITLE.
1.6 This chapter shall be known and may be cited as the "Reproductive Privacy Act."
1.7 Sec. 2. [145D.03] FINDINGS.
1.8 The legislature finds that every individual possesses a fundamental right of privacy
1.9with respect to personal reproductive decisions. The legislature further finds that:
1.10 (1) every individual has the fundamental right to choose or refuse birth control;
1.11 (2) every woman has the fundamental right to choose to bear a child or to choose and
1.12obtain an abortion before fetal viability or to terminate the pregnancy after fetal viability
1.13when necessary to protect the life or health of the woman; and
1.14 (3) the state shall not deny or interfere with a woman's fundamental right to choose
1.15to bear a child or to choose to obtain an abortion.
1.16 Sec. 3. [145D.05] DEFINITIONS.
1.17 Subdivision 1. Applicability. The definitions in this section shall apply to this
1.18chapter.
1.19 Subd. 2. Abortion. "Abortion" means any medical treatment intended to induce the
1.20termination of a pregnancy except for the purpose of producing a live birth.
1.21 Subd. 3. Pregnancy. "Pregnancy" means the human reproductive process,
1.22beginning with the implantation of an embryo.
2.1 Subd. 4. State. "State" means the state of Minnesota, and every county, statutory or
2.2home rule charter city, or town in this state.
2.3 Subd. 5. Viability. "Viability" means the point in a pregnancy when, in the
2.4good-faith medical judgment of a physician, on the particular facts of the case before the
2.5physician, there is a reasonable likelihood that the fetus will survive outside the uterus
2.6without the application of extraordinary medical measures.
2.7 Sec. 4. [145D.07] INTERFERENCE WITH REPRODUCTIVE PRIVACY
2.8PROHIBITED.
2.9 Subdivision 1. Prohibition of interference. The state may not:
2.10 (1) deny or interfere with a woman's right to choose:
2.11 (i) to bear a child;
2.12 (ii) to terminate a pregnancy before viability; or
2.13 (iii) to terminate a pregnancy after viability when termination is necessary to protect
2.14the life or health of the woman; or
2.15 (2) discriminate against the exercise of rights set forth in clause (1) in the regulation
2.16or provision of benefits, facilities, services, or information.
2.17 Subd. 2. Civil action. An individual aggrieved by a violation of this section
2.18may obtain appropriate relief in a civil action. The state waives immunity from suit for
2.19these claims.
2.20 Sec. 5. [145D.09] SEVERABILITY.
2.21 If any provision of this act, or the application of the provision to any person or
2.22circumstance, is held to be unconstitutional, the remainder of this act, or the application
2.23of the provision to persons or circumstances other than those to which the provision is
2.24held to be unconstitutional, shall not be affected thereby.
2.25 Sec. 6. [145D.11] RULE OF CONSTRUCTION.
2.26 This chapter applies to every state and local statute, ordinance, regulation,
2.27administrative order, decision, policy, practice, or other action enacted, adopted, or
2.28implemented before, on, or after the effective date of this act.
1.3for new law as Minnesota Statutes, chapter 145D.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. [145D.01] SHORT TITLE.
1.6 This chapter shall be known and may be cited as the "Reproductive Privacy Act."
1.7 Sec. 2. [145D.03] FINDINGS.
1.8 The legislature finds that every individual possesses a fundamental right of privacy
1.9with respect to personal reproductive decisions. The legislature further finds that:
1.10 (1) every individual has the fundamental right to choose or refuse birth control;
1.11 (2) every woman has the fundamental right to choose to bear a child or to choose and
1.12obtain an abortion before fetal viability or to terminate the pregnancy after fetal viability
1.13when necessary to protect the life or health of the woman; and
1.14 (3) the state shall not deny or interfere with a woman's fundamental right to choose
1.15to bear a child or to choose to obtain an abortion.
1.16 Sec. 3. [145D.05] DEFINITIONS.
1.17 Subdivision 1. Applicability. The definitions in this section shall apply to this
1.18chapter.
1.19 Subd. 2. Abortion. "Abortion" means any medical treatment intended to induce the
1.20termination of a pregnancy except for the purpose of producing a live birth.
1.21 Subd. 3. Pregnancy. "Pregnancy" means the human reproductive process,
1.22beginning with the implantation of an embryo.
2.1 Subd. 4. State. "State" means the state of Minnesota, and every county, statutory or
2.2home rule charter city, or town in this state.
2.3 Subd. 5. Viability. "Viability" means the point in a pregnancy when, in the
2.4good-faith medical judgment of a physician, on the particular facts of the case before the
2.5physician, there is a reasonable likelihood that the fetus will survive outside the uterus
2.6without the application of extraordinary medical measures.
2.7 Sec. 4. [145D.07] INTERFERENCE WITH REPRODUCTIVE PRIVACY
2.8PROHIBITED.
2.9 Subdivision 1. Prohibition of interference. The state may not:
2.10 (1) deny or interfere with a woman's right to choose:
2.11 (i) to bear a child;
2.12 (ii) to terminate a pregnancy before viability; or
2.13 (iii) to terminate a pregnancy after viability when termination is necessary to protect
2.14the life or health of the woman; or
2.15 (2) discriminate against the exercise of rights set forth in clause (1) in the regulation
2.16or provision of benefits, facilities, services, or information.
2.17 Subd. 2. Civil action. An individual aggrieved by a violation of this section
2.18may obtain appropriate relief in a civil action. The state waives immunity from suit for
2.19these claims.
2.20 Sec. 5. [145D.09] SEVERABILITY.
2.21 If any provision of this act, or the application of the provision to any person or
2.22circumstance, is held to be unconstitutional, the remainder of this act, or the application
2.23of the provision to persons or circumstances other than those to which the provision is
2.24held to be unconstitutional, shall not be affected thereby.
2.25 Sec. 6. [145D.11] RULE OF CONSTRUCTION.
2.26 This chapter applies to every state and local statute, ordinance, regulation,
2.27administrative order, decision, policy, practice, or other action enacted, adopted, or
2.28implemented before, on, or after the effective date of this act.
