Coercion of a pregnant minor female into seeking or obtaining an abortion prohibition, human trafficking of minors screening and reporting provision, certain information displayed requirement provision, and wrongful death resulting from an abortion additional action provision

A bill for an act

relating to health; prohibiting coercing a pregnant minor female into seeking or

obtaining an abortion; screening and reporting suspected cases of human trafficking

of minors; requiring certain information to be displayed; adding action for wrongful

death resulting from abortion; requiring rulemaking; proposing coding for new

law in Minnesota Statutes, chapter 145.

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

Section 1.

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[145.4111] COERCING A PREGNANT MINOR FEMALE TO HAVE

AN ABORTION.

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Subdivision 1.

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Definitions.

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For purposes of this section, the following terms have the

meanings given.

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(a) "Abortion" means the use or prescription of any instrument, medicine, drug, or any

other substance or device to intentionally terminate the pregnancy of a female known to be

pregnant with an intention other than to increase the probability of a live birth; to preserve

the life or health of the child after a live birth; to remove a dead unborn child who died as

the result of a spontaneous abortion, accidental trauma, or a criminal assault on the pregnant

female or her unborn child; or to save the life of the mother.

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(b) "Abortion facility" means any private office or freestanding outpatient clinic in which

abortions are performed, induced, or prescribed or where the means for an abortion are

provided.

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(c) "Abortion-inducing drug" includes drugs and chemicals that result in the death of a

conceived human being that has implanted in the womb of the pregnant female.

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(d) "Abortion provider" means a person performing a surgical abortion or prescribing

a drug that induces abortion.

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(e) "Coerce" means to use or threaten to use any form of domination, restraint, or control

for the purpose of causing a female, including one who is a minor, to seek or obtain an

abortion. Coercion exists if the totality of the circumstances establishes the existence of

domination, restraint, or control that would have the reasonably foreseeable effect of causing

an individual to seek or obtain an abortion. Evidence of coercion may include but is not

limited to:

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(1) physical force or actual or implied threats of physical force;

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(2) physical or mental torture;

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(3) implicitly or explicitly leading a female to believe that the female will be protected

from violence or arrest;

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(4) kidnapping;

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(5) defining the terms of an individual's employment or working conditions in a manner

that can foreseeably lead to the individual seeking or obtaining an abortion;

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(6) blackmail;

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(7) extortion or claims of indebtedness;

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(8) threat of legal complaint or report of delinquency;

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(9) threat to interfere with parental rights or responsibilities, whether by judicial or

administrative action or otherwise;

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(10) promise of a legal benefit, such as posting bail, procuring an attorney, protecting

from arrest, or promising unionization;

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(11) promise of financial rewards;

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(12) promise of marriage;

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(13) restraining speech or communication with others, such as exploiting a language

difference or interfering with the use of mail, telephone, or money;

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(14) isolating the individual from others;

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(15) exploiting a condition of developmental disability, cognitive limitation, affective

disorder, or substance dependency;

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(16) taking advantage of a lack of intervention by child protection;

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(17) exploiting victimization by previous sexual abuse or battering;

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(18) exploiting pornographic performance;

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(19) interfering with opportunities for education or skills training;

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(20) destroying property;

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(21) restraining movement;

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(22) exploiting HIV status, particularly where the defendant's previous coercion led to

the HIV exposure; or

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(23) exploiting needs for food, shelter, safety, affection, or intimate or marital

relationships.

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(f) "Commissioner" means the commissioner of health.

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(g) "Hospital" means an institution licensed by the commissioner of health; staffed and

equipped to provide services, facilities, and beds for the reception and care of one or more

nonrelated persons for a continuous period longer than 24 hours for diagnosis, treatment,

or care of an illness, injury, or pregnancy; and regularly providing clinical laboratory services,

diagnostic x-ray services, and treatment facilities for surgery, obstetrical care, or other

definitive medical treatment of similar extent. Hospital does not include diagnostic or

treatment centers, physicians' offices or clinics, or other facilities for the foster care of

children that are licensed by the commissioner of human services.

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(h) "Minor" means a female who is under the age of 18.

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Subd. 2.

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Violations; felony.

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It is a felony to force or coerce a pregnant minor female to

seek an abortion or obtain an abortion against the pregnant minor female's will.

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Subd. 3.

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Violations; gross misdemeanor.

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(a) Whoever does any of the following against

a pregnant minor female commits an assault and is guilty of a gross misdemeanor:

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(1) commits an act with intent to cause fear in another of immediate bodily harm or

death; or

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(2) intentionally inflicts or attempts to inflict bodily harm or coerces or attempts to coerce

a pregnant minor female to seek or obtain an abortion, regardless of whether the pregnant

minor female actually obtains an abortion.

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(b) Upon the request of the minor female victim, a law enforcement agency investigating

a violation of a felony under subdivision 2, or a gross misdemeanor under paragraph (a)

shall notify the pregnant minor female victim and a parent or legal guardian not less than

24 hours before initially contacting the person alleged to have committed a violation of

subdivision 2 and this subdivision.

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Subd. 4.

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Verbal notice required; certification of notification.

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(a) Before performing

an abortion on a pregnant minor female or making available drugs or devices to cause a

pregnant minor female to have an abortion, an attending abortion provider or provider's

agent must verify, by means of a government- or school-issued photographic identification

containing the bearer's date of birth documenting the age of the individual. Verification is

not required if the person is 30 years of age or older. If the person is under the age of 18,

the attending abortion provider must inform the pregnant minor female that no one can force

her to have an abortion and that an abortion cannot be performed on her unless she provides

a freely given, voluntary, and informed consent.

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(b) The pregnant minor female must certify in writing, prior to the performance of the

abortion, that she was informed by the attending physician of the required information in

paragraph (a). A copy of the written certification must be placed in the minor's file and kept

for at least seven years or for two years after the minor reaches the age of majority, whichever

is greater.

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Subd. 5.

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Sign posting required.

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(a) A private office or freestanding outpatient clinic in

which abortions are performed, induced, or prescribed, or where the means for an abortion

are provided, must conspicuously post a sign clearly visible to patients in each waiting room

and patient consultation room used for patients on whom abortions are performed, induced,

or prescribed, or who are provided with the means for abortion, that reads: "Notice: It is

against the law for anyone, regardless of their relationship to you, to force you to have an

abortion. By law we cannot perform an abortion on you unless we have your freely given

and voluntary consent. You have the right to contact any local or state law enforcement

agency to receive protection from any actual or threatened physical abuse or violence."

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(b) The sign must be at least 11 inches by 17 inches and printed with lettering that is

legible, in at least 44-point type, and at least one-quarter inch in size.

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(c) A hospital or any other facility where abortions are performed, induced, or prescribed,

or where the means for an abortion are provided or referrals for abortions are made, that is

a not a private office or freestanding outpatient clinic shall conspicuously post a sign clearly

visible to patients in each patient consultation room used by patients on whom abortions

are performed, induced, or prescribed, or who are provided with the means for an abortion,

that reads: "Notice: It is against the law for anyone, regardless of their relationship to you,

to force you to have an abortion. By law we cannot perform an abortion on you unless we

have your freely given and voluntary consent. You have the right to contact any local or

state law enforcement agency to receive protection from any actual or threatened physical

abuse or violence."

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(d) The sign shall be at least 11 inches by 17 inches and printed with lettering that is

legible, in at least 44-point type, and at least one-quarter inch in size. The sign must be made

available by the Department of Health.

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(e) In telemedicine settings in which abortions are prescribed, or where the means for

an abortion are provided or referrals for abortions are made, the provider or provider's agent

shall orally inform and provide the patient on whom abortions are referred for, performed,

induced, or prescribed, or who are provided with the means for an abortion, with the same

language as the sign described in paragraphs (a) and (c) printed in a typeface large enough

to be clearly legible. A referring provider shall provide a patient who is referred for an

abortion with a sign or in letters online, as described in paragraphs (a) and (c) with the same

language as the sign described in paragraphs (a) and (c) printed in a typeface large enough

to be clearly legible.

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Subd. 6.

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Penalties.

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(a) Anyone who fails to comply with subdivision 5, paragraph (a),

(c), or (e), shall be assessed an administrative fine of $10,000. Each subsequent violation

is a separate violation.

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(b) An action may be brought by or on behalf of an individual injured by the failure to

post the required sign or by failure to receive a copy of the sign. A plaintiff in an action

under this section may recover damages for emotional distress. The pregnant minor female

and her parents or legal guardians shall have a cause of action for wrongful death of the

unborn child against the person who forced or coerced her to have an abortion.

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(c) In determining liability and validity of informed consent, the failure to comply with

the requirements of posting the sign and disseminating a copy of the sign as required in

subdivision 5 is presumptive evidence that the pregnant minor female would not have

undertaken the recommended abortion had the sign posting and dissemination of the copy

of the sign in subdivision 5 been complied with.

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(d) A pregnant minor female or a parent or legal guardian of a pregnant minor female

upon whom an abortion was performed without complying with this section may maintain

an action against the person who performed the abortion in knowing or reckless violation

of this section for actual and punitive damages. A person or a parent or legal guardian of a

pregnant minor female upon whom an abortion was attempted without complying with this

section may maintain an action against the person who attempted to perform the abortion

in knowing or reckless violation of this section for actual and punitive damages. No civil

liability may be assessed for failure to comply with this section, unless the commissioner

has made the sign available.

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(e) If judgment is rendered in favor of the plaintiff in an action described in this

subdivision, the court shall also render judgment for reasonable attorney fees in favor of

the plaintiff against the defendant. If judgment is rendered in favor of the defendant and the

court finds that the plaintiff's suit was frivolous and brought in bad faith, the court shall also

render judgment for reasonable attorney fees in favor of the defendant against the plaintiff.

The sanctions and actions provided in this subdivision do not replace, limit, or preclude

other penalties or sanctions available under other laws or rules.

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Sec. 2.

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[145.4112] SCREENING REQUIREMENT.

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Subdivision 1.

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Definitions.

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(a) For purposes of this section, the following terms have

the meanings given.

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(b) "Abortion" has the meaning given in section 145.4111, subdivision 1, paragraph (a).

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(c) "Coerce" has the meaning given in section 145.4111, subdivision 1, paragraph (e).

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(d) "Minor female" means a female who is under the age of 18.

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(e) "Provider" means a person performing a surgical abortion or prescribing a drug that

induces abortion.

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Subd. 2.

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Screening.

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(a) If a pregnant minor female schedules an appointment for an

abortion, the provider or provider's agent shall ensure that the minor female's request for

an abortion is not the result of coercion by asking the pregnant minor female, while the

pregnant minor female is in the presence of no one other than the provider or provider's

agent, if any person, regardless of the person's relationship to her, such as a boyfriend; the

unborn child's father; the pregnant minor female's parents, siblings, relatives, employer, or

trafficker, is forcing her to seek or obtain an abortion against her will.

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(b) If a pregnant minor female indicates that she is the victim of coercion to have an

abortion, the provider or provider's agent shall:

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(1) provide the pregnant minor female with private access to a telephone and with

information about safe transportation and services available to help her;

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(2) inform the pregnant minor's parent or legal guardian; and

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(3) contact a county child protective services agency.

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(c) If the provider or provider's agent, although not told by the pregnant minor female

that she is a victim of coercion, believes that a person, regardless of the person's relationship

to her, such as a boyfriend; the unborn child's father; or the pregnant minor female's parents,

siblings, relatives, employer, or trafficker, is forcing her to seek or obtain an abortion against

her will, the provider or provider's agent shall:

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(1) inform law enforcement;

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(2) inform the pregnant minor's parent or legal guardian; and

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(3) contact a county child protective services agency.

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Subd. 3.

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Penalties.

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(a) Any private office, freestanding outpatient clinic, hospital, or

other facility or clinic that fails to screen a pregnant minor female in knowing, reckless, or

negligent violation of this section shall be assessed a fine of $10,000. In determining liability

and validity of informed consent, the failure to comply with the screening and notification

requirements in section 145.4111 and this section is presumptive evidence that the plaintiff

would not have undertaken the recommended abortion had the requirements been complied

with.

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(b) The pregnant minor female and a parent or legal guardian of the pregnant minor

female shall have a cause of action for wrongful death of the unborn child against the person

who forced or coerced her to have an abortion.

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(c) A person or parent or legal guardian of a person upon whom an abortion was

performed without complying with this section may maintain an action against the person

who performed the abortion in knowing or reckless violation of this section for actual and

punitive damages. No civil liability may be assessed for failure to comply with this section

requiring information about safe transportation and available services, unless the

commissioner of health has made the materials available at the time to the provider or

provided the female with a telephone and the materials.

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(d) If judgment is rendered in favor of the plaintiff in any action described in this section,

the court shall also render judgment for reasonable attorney fees in favor of the plaintiff

against the defendant. If judgment is rendered in favor of the defendant and the court finds

that the plaintiff's suit was frivolous and brought in bad faith, the court shall also render

judgment for reasonable attorney fees in favor of the defendant against the plaintiff.

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Sec. 3.

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[145.4113] TRAINING REQUIREMENT.

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Subdivision 1.

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Applicability.

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This section applies to any person who: (1) is employed

by, volunteers at, or performs services under contract with an abortion facility or ambulatory

surgical center that performs more than 50 abortions in any 12-month period; and (2) has

contact in person or online with patients of the facility.

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Subd. 2.

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Education and training programs; trafficking of persons.

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(a) The

commissioners of health and human services shall adopt rules that require a person working

in a facility defined in section 145.4111, subdivision 1, paragraph (b), to complete a training

program to identify and assist victims of human trafficking within a reasonable time period

after beginning work at the facility.

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(b) The training program under this section must use the Department of Health's

standardized course, Serving Survivors of Human Trafficking in Health Care. The department

shall make available to each facility described in section 145.4111, subdivision 1, paragraph

(b), the training program required under this section.

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Subd. 3.

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Assessment.

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A person employed by a facility described in section 145.4111,

subdivision 1, paragraph (b), who is hired, begins volunteering, or begins providing services

under contract before March 1, 2026, is not required to comply with this section before

December 1, 2026. During the initial consultation between the provider and the pregnant

minor female prior to scheduling a surgical or medical abortion, the provider shall:

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(1) do an assessment of the pregnant minor female's circumstances to make a reasonable

determination whether the pregnant minor female's decision to submit to an abortion is the

result of any coercion or pressure from other persons. In conducting that assessment, the

provider shall obtain from the pregnant minor female the age or approximate age of the

father of the unborn child, and the physician shall consider whether any disparity in age

between the pregnant minor female and the unborn child's father is a factor when determining

whether the pregnant minor female has been subjected to pressure, undue influence, or

coercion; and

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(2) conduct an assessment of the pregnant minor female's health and circumstances to

determine if any of the following preexisting risk factors associated with adverse

psychological outcomes following an abortion are present in her case:

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(i) coercion; or

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(ii) coercive pressure from others to have an abortion.

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Sec. 4.

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[145.4114] CIVIL ACTION FOR FAILURE TO COMPLY.

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In any civil action for a claim arising from a failure to comply with any of the provisions

of sections 145.4111 to 145.4113, the following provisions apply:

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(1) the failure to comply with the requirements of sections 145.4111 to 145.4113 relative

to obtaining consent for an abortion creates a rebuttable presumption that if the pregnant

minor female had been informed or assessed in accordance with the requirements of sections

145.4111 to 145.4113, she would have decided not to undergo the abortion;

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(2) if the trier of fact determines that the abortion was the result of coercion and

determines that, had the provider acted prudently, the provider would have learned of the

coercion, there is a nonrebuttable presumption that the pregnant minor female would not

have consented to the abortion if the provider had complied with the provisions in sections

145.4111 to 145.4113;

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(3) if evidence is presented by a defendant to rebut the presumption in clause (2), the

finder of fact shall determine if the pregnant minor female had been given all of the

information a reasonably prudent patient in her circumstance would consider significant,

would she have consented to the abortion or declined to consent to the abortion based upon

her personal background and personality, her physical and psychological condition, and her

personal philosophical, religious, ethical, and moral beliefs;

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(4) the pregnant minor female has a right to rely upon the abortion provider as her source

of information and has no duty to seek any other source of information prior to signing a

consent to an abortion; and

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(5) no parent or other person responsible for making decisions relative to the pregnant

minor female's care may waive the requirements of sections 145.4111 to 145.4115, and any

verbal or written waiver of liability for malpractice or professional negligence arising from

any failure to comply with the requirements of sections 145.4111 to 145.4115 is void and

unenforceable.

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Sec. 5.

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[145.4115] INTENT TO CAUSE ABORTION; ABUSE OF ABORTION

DRUG.

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It is a felony to coerce a pregnant minor female into an abortion by knowingly and

intentionally engaging in the use, or attempted use, of an abortion-inducing drug on a

pregnant minor female without her knowledge or consent. It is not a defense if the attempt

fails to cause the death of the unborn child. It is not a defense to prosecution if the person

commits the crime of coerced criminal abortion by means of fraud and the use of an

abortion-inducing drug results in the death or serious bodily injury of the pregnant minor

female. It shall be prosecuted as an additional felony if the unborn child is more than three

months of gestational age and, therefore, the drug substantially increases the pregnant minor

female's risk of death or serious bodily harm due to the nonconsensual use of an

abortion-inducing drug on the pregnant minor female.

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Sec. 6.

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[145.4116] SEVERABILITY.

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If any one or more provisions, sections, subdivisions, sentences, clauses, phrases, or

words of sections 145.4111 to 145.4115 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 sections 145.4111 to 145.4115 shall remain effective notwithstanding

any unconstitutional provision, section, subdivision, sentence, clause, phrase, or word. The

legislature hereby declares that it would have passed sections 145.4111 to 145.4115, and

each provision, section, subdivision, sentence, clause, phrase, or word thereof, irrespective

of the fact that any one or more provisions, sections, subdivisions, sentences, clauses,

phrases, or words be declared unconstitutional.

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Sec. 7.

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[145.4117] RULEMAKING.

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No later than December 1, 2027, the commissioner of health shall adopt rules necessary

to implement the provisions of sections 145.4111 to 145.4115.

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