A bill for an act
relating to health; prohibiting a physician from performing or inducing an abortion
when a fetal heartbeat is detected; providing a civil cause of action against a person
who performs, induces, or aids or abets the performance or inducement of an
abortion; providing for venue, limitations, immunity, and recovery of attorney fees
and costs; providing for construction of abortion statutes; proposing coding for
new law in Minnesota Statutes, chapters 145; 645.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
new text begin
The legislature of the state of Minnesota finds, according to contemporary medical
research, that:
new text end
new text begin
(1) fetal heartbeat has become a key medical predictor that an unborn child will reach
live birth;
new text end
new text begin
(2) cardiac activity begins at a biologically identifiable moment in time, normally when
the fetal heart is formed in the gestational sac;
new text end
new text begin
(3) the state of Minnesota has a compelling interest from the outset of a woman's
pregnancy in protecting the health of the woman and the life of the unborn child; and
new text end
new text begin
(4) to make an informed choice about whether to continue her pregnancy, the pregnant
woman has a compelling interest in knowing the likelihood of her unborn child surviving
to full-term birth based on the presence of cardiac activity.
new text end
new text begin
The terms defined in this section apply to sections 145.551 to
145.552.
new text end
new text begin
"Abortion" means the act of using or prescribing an instrument,
drug, medicine, or any other substance, device, or means with the intent to cause the death
of an unborn child of a woman known to be pregnant. Abortion does not include birth control
devices or oral contraceptives. An act is not an abortion if the act is done with the intent to
save the life or preserve the health of an unborn child, remove a dead unborn child whose
death was caused by spontaneous abortion, or remove an ectopic pregnancy.
new text end
new text begin
"Fetal heartbeat" means cardiac activity or the steady and
repetitive rhythmic contraction of the fetal heart within the gestational sac.
new text end
new text begin
"Gestational age" means the amount of time that has elapsed
from the first day of a woman's last menstrual period.
new text end
new text begin
"Gestational sac" means the structure comprising the
extraembryonic membranes that envelop the unborn child and that is typically visible by
ultrasound after the fourth week of pregnancy.
new text end
new text begin
"Medical emergency" means a life-threatening physical
condition aggravated by, caused by, or arising from a pregnancy that, as certified by a
physician, places the woman in danger of death or a serious risk of substantial impairment
of a major bodily function unless an abortion is performed.
new text end
new text begin
"Physician" means an individual licensed as a physician or
osteopathic physician under chapter 147.
new text end
new text begin
"Pregnancy" means the human female reproductive condition that:
new text end
new text begin
(1) begins with fertilization;
new text end
new text begin
(2) occurs when the woman is carrying a developing human offspring; and
new text end
new text begin
(3) is calculated from the first day of the woman's last menstrual period.
new text end
new text begin
"Standard medical practice" means the degree of
skill, care, and diligence that an obstetrician of ordinary judgment, learning, and skill would
employ in like circumstances. For purposes of determining the presence of a fetal heartbeat
under section 145.5511, standard medical practice includes employing the appropriate means
of detecting the heartbeat based on the estimated gestational age of the unborn child and
the condition of the pregnant woman and her pregnancy.
new text end
new text begin
"Unborn child" means a human fetus or embryo in any stage
of gestation from fertilization until birth.
new text end
new text begin
Except as provided in section 145.5513, a physician must not knowingly perform
or induce an abortion on a pregnant woman unless the physician has determined, in
accordance with this section, whether the woman's unborn child has a detectable fetal
heartbeat.
new text end
new text begin
In making a determination under subdivision
1, a physician must use a test that is:
new text end
new text begin
(1) consistent with the physician's good faith and reasonable understanding of standard
medical practice; and
new text end
new text begin
(2) appropriate for the estimated gestational age of the unborn child and the condition
of the pregnant woman and her pregnancy.
new text end
new text begin
A physician making a determination under
subdivision 1 must record in the pregnant woman's medical record:
new text end
new text begin
(1) the estimated gestational age of the unborn child;
new text end
new text begin
(2) the method used to estimate the unborn child's gestational age; and
new text end
new text begin
(3) the test used for detecting a fetal heartbeat and the date, time, and results of the test.
new text end
new text begin
(a) Except as provided in section 145.5513, a physician
must not knowingly perform or induce an abortion on a pregnant woman if the physician
detected a fetal heartbeat for the unborn child according to section 145.5511 or failed to
perform a test to detect a fetal heartbeat.
new text end
new text begin
(b) A physician does not violate this section if the physician performed a test for a fetal
heartbeat for the unborn child according to section 145.5511 and did not detect a fetal
heartbeat.
new text end