S.F. No. 2877, as introduced - 84th Legislative Session (2005-2006) Posted on Mar 06, 2006
1.1 A bill for an act
1.2 relating to health; requiring reporting on notification that is required before
1.3 an abortion is performed on a minor or certain other women; providing civil
1.4 penalties; amending Minnesota Statutes 2004, section 13.3806, by adding a
1.5 subdivision; proposing coding for new law in Minnesota Statutes, chapters 144;
1.6 145.
1.7 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. Minnesota Statutes 2004, section 13.3806, is amended by adding a
1.9 subdivision to read:
1.10 Subd. 21. Abortion notification data. Classification of data in abortion notification
1.11 reports is governed by section 144.3431.
1.12 Sec. 2. [144.3431] ABORTION NOTIFICATION DATA.
1.13 Subdivision 1. Reporting form. (a) Within 90 days of the effective date of this
1.14 section, the commissioner of health shall prepare a reporting form for use by physicians
1.15 and facilities performing abortions under the circumstances specified in paragraph (b).
1.16 (b) The form shall require the following information:
1.17 (1) the number of minors or women for whom a guardian has been appointed under
1.18 sections 524.5-301 to 524.5-317 because of a finding of incompetency for whom the
1.19 physician or an agent of the physician provided the notice described in section 144.343,
1.20 subdivision 2; of that number, the number of notices provided personally as described in
1.21 section 144.343, subdivision 2, paragraph (a), and the number of notices provided by
1.22 mail as described in section 144.343, subdivision 2, paragraph (b); and of each of those
1.23 numbers, the number who, to the best of the reporting physician's or reporting facility's
2.1 information and belief, went on to obtain the abortion from the reporting physician or
2.2 reporting physician's facility, or from the reporting facility;
2.3 (2) the number of minors or women for whom a guardian has been appointed under
2.4 sections 524.5-301 to 524.5-317 because of a finding of incompetency upon whom
2.5 the physician performed an abortion without providing the notice described in section
2.6 144.343, subdivision 2; and of that number, the number who were emancipated minors,
2.7 and the number for whom section 144.343, subdivision 4, was applicable, itemized by
2.8 each of the limitations identified in paragraphs (a), (b), and (c) of that subdivision;
2.9 (3) the number of abortions performed by the physician for which judicial
2.10 authorization was received and for which the notification described in section 144.343,
2.11 subdivision 2, was not provided;
2.12 (4) the county the female resides in; the county where the abortion was performed, if
2.13 different from the female's residence; and, if a judicial bypass was obtained, the county it
2.14 was obtained in, if different from the female's residence;
2.15 (5) the age of the female;
2.16 (6) the race of the female;
2.17 (7) the process the physician or the physician's agent used to inform the minor
2.18 female, or a woman for whom a guardian has been appointed under sections 524.5-301
2.19 to 524.5-317 because of a finding of incompetency, of the judicial bypass; whether court
2.20 forms were provided to her; and whether the physician or the physician's agent made
2.21 the court arrangement for the minor female, or a woman for whom a guardian has been
2.22 appointed under sections 524.5-301 to 524.5-317 because of a finding of incompetency;
2.23 and
2.24 (8) how soon after visiting the abortion facility the minor female, or a woman for
2.25 whom a guardian has been appointed under section 524.5-301 to 524.5-317 because of a
2.26 finding of incompetency, went to court to obtain a judicial bypass.
2.27 Subd. 2. Forms to physicians and facilities. Physicians and facilities required to
2.28 report under subdivision 3 shall obtain reporting forms from the commissioner.
2.29 Subd. 3. Submission. (a) The following physicians or facilities must submit the
2.30 forms to the commissioner no later than April 1 for abortions performed on minors or
2.31 women for whom a guardian has been appointed in the previous calendar year:
2.32 (1) a physician who provides, or whose agent provides, the notice described in
2.33 section 144.343, subdivision 2, or the facility at which the notice is provided; and
2.34 (2) a physician who knowingly performs an abortion upon a minor, or a woman for
2.35 whom a guardian has been appointed under sections 524.5-301 to 524.5-317 because of a
2.36 finding of incompetency, or a facility at which such an abortion is performed.
3.1 (b) The commissioner shall maintain as confidential data which alone or in
3.2 combination may constitute information that would reasonably lead, using epidemiologic
3.3 principles, to the identification of:
3.4 (1) an individual who has had an abortion, who has received judicial authorization
3.5 for an abortion, or to whom the notice described in section 144.343, subdivision 2, has
3.6 been provided; or
3.7 (2) a physician or facility required to report under paragraph (a).
3.8 Subd. 4. Failure to report as required. (a) Reports that are not submitted more
3.9 than 30 days following the due date shall be subject to a late fee of $500 for each
3.10 additional 30-day period or portion of a 30-day period overdue. If a physician or facility
3.11 required to report under this section has not submitted a report, or has submitted only
3.12 an incomplete report, more than one year following the due date, the commissioner of
3.13 health shall bring an action in a court of competent jurisdiction for an order directing the
3.14 physician or facility to submit a complete report within a period stated by court order or be
3.15 subject to sanctions. If the commissioner brings such an action for an order directing a
3.16 physician or facility to submit a complete report, the court may assess reasonable attorney
3.17 fees and costs against the noncomplying party.
3.18 (b) Notwithstanding section 13.39, data related to actions taken by the commissioner
3.19 to enforce any provision of this section is private data if the data, alone or in combination,
3.20 may constitute information that would reasonably lead, using epidemiologic principles, to
3.21 the identification of:
3.22 (1) an individual who has had an abortion, who has received judicial authorization
3.23 for an abortion, or to whom the notice described in section 144.343, subdivision 2, has
3.24 been provided; or
3.25 (2) a physician or facility required to report under subdivision 3.
3.26 Subd. 5. Public records. (a) By September 30 of each year, the commissioner of
3.27 health shall issue a public report providing statistics for each item listed in subdivision 1
3.28 for the previous calendar year compiled from reports submitted according to this section.
3.29 The report shall also include statistics, which shall be obtained from court administrators,
3.30 that include:
3.31 (1) the total number of petitions or motions filed under section 144.343, subdivision
3.32 6, paragraph (c), clause (i);
3.33 (2) the number of cases in which the court appointed a guardian ad litem;
3.34 (3) the number of cases in which the court appointed counsel;
3.35 (4) the number of cases in which the judge issued an order authorizing an abortion
3.36 without notification, including:
4.1 (i) the number of petitions or motions granted by the court because of a finding of
4.2 maturity and the basis for that finding; and
4.3 (ii) the number of petitions or motions granted because of a finding that the abortion
4.4 would be in the best interest of the minor and the basis for that finding;
4.5 (5) the number of denials from which an appeal was filed;
4.6 (6) the number of appeals that resulted in a denial being affirmed; and
4.7 (7) the number of appeals that resulted in reversal of a denial.
4.8 (b) The report shall provide the statistics for all previous calendar years for which a
4.9 public report was required to be issued, adjusted to reflect any additional information from
4.10 late or corrected reports.
4.11 (c) The commissioner shall ensure that all statistical information included in the
4.12 public reports are presented so that the data cannot reasonably lead, using epidemiologic
4.13 principles, to the identification of:
4.14 (1) an individual who has had an abortion, who has received judicial authorization
4.15 for an abortion, or to whom the notice described in section 144.343, subdivision 2, has
4.16 been provided; or
4.17 (2) a physician or facility who has submitted a form to the commissioner under
4.18 subdivision 3.
4.19 Subd. 6. Modification of requirements. The commissioner of health may, by
4.20 administrative rule, alter the dates established in subdivisions 3 and 5, consolidate the
4.21 forms created according to subdivision 1 with the reporting form created according
4.22 to section 145.4131, or consolidate reports to achieve administrative convenience or
4.23 fiscal savings, to allow physicians and facilities to submit all information collected by
4.24 the commissioner regarding abortions at one time, or to reduce the burden of the data
4.25 collection, so long as the report described in subdivision 5 is issued at least once a year.
4.26 Subd. 7. Suit to compel statistical report. If the commissioner of health fails to
4.27 issue the public report required under subdivision 5, any group of ten or more citizens
4.28 of the state may seek an injunction in a court of competent jurisdiction against the
4.29 commissioner, requiring that a complete report be issued within a period stated by court
4.30 order. Failure to abide by the injunction shall subject the commissioner to sanctions
4.31 for civil contempt.
4.32 Subd. 8. Attorney fees. If judgment is rendered in favor of the plaintiff in any
4.33 action described in this section, the court shall also render judgment for a reasonable
4.34 attorney fee in favor of the plaintiff against the defendant. If the judgment is rendered in
4.35 favor of the defendant and the court finds that plaintiff's suit was frivolous and brought
5.1 in bad faith, the court shall render judgment for a reasonable attorney fee in favor of
5.2 the defendant against the plaintiff.
5.3 Subd. 9. Severability. If any one or more provision, section, subdivision,
5.4 sentence, clause, phrase, or word of this section or the application thereof to any person
5.5 or circumstance is found to be unconstitutional, the same is hereby declared to be
5.6 severable and the balance of this section shall remain effective notwithstanding such
5.7 unconstitutionality. The legislature intends that it would have passed this section, and each
5.8 provision, section, subdivision, sentence, clause, phrase, or word thereof irrespective of
5.9 the fact that any one provision, section, subdivision, sentence, clause, phrase, or word be
5.10 declared unconstitutional.
5.11 Subd. 10. Supreme Court jurisdiction. The Minnesota Supreme Court has original
5.12 jurisdiction over an action challenging the constitutionality of this section and shall
5.13 expedite the resolution of the action.
5.14 Sec. 3. [145.4122] NONHOSPITAL-PERFORMED ABORTIONS;
5.15 REQUIREMENT; MISDEMEANOR.
5.16 A physician performing or inducing an abortion who does not have clinical
5.17 privileges at a hospital which offers obstetrical or gynecological care within the state and
5.18 within 20 miles of the location where the abortion is performed or induced is guilty of a
5.19 misdemeanor and is subject to the criminal penalties provided by law. For purposes of this
5.20 section, abortion has the meaning given in section 144.343, subdivision 3.
5.21 Sec. 4. PROHIBITION ON USE OF FEDERAL AND STATE FUNDS.
5.22 Funding for state-sponsored health programs shall not be used for funding abortions,
5.23 except to the extent necessary for continued participation in a federal program. For
5.24 purposes of this section, abortion has the meaning given in Minnesota Statutes, section
5.25 144.343, subdivision 3.
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