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S.F. No. 1609 - Pain-Capable Unborn Child Protection Act (1st Engrossment)
 
Author: Senator Michelle R. Benson
 
Prepared By: Katie Cavanor, Senate Counsel (651/296-3801)
 
Date: March 15, 2019



 

SF1609 establishes the Pain Capable Unborn Child Protection Act.

Section 1 cites the act as the “Pain Capable Unborn Child Protection Act.”

Section 2 (8.40) creates an account in the special revenue fund for the purpose of providing funds to pay for the litigation costs associated with actions related to the defense of this act.

Section 3 (145.4131, subd. 1) adds as part of the data that is required to be reported by a physician or facility performing an abortion information regarding whether a determination of probable post fertilization age was made and the probable post fertilization age determined including: (1) the method used; or (2) if determination was not made before performing the abortion the basis of the determination that a medical emergency existed; and if the abortion was performed after the determination age of 20 or more weeks the basis of the determination that the woman had a condition that necessitated the abortion to avert her death or to avert serious risk of substantial and irreversible physical impairment of a major bodily function that does not include psychological or emotional conditions.

Section 4 (145.4141) defines the following terms: abortion; attempt to perform or induce an abortion; fertilization; medical emergency; physician; post fertilization age; probable post fertilization age of the unborn child; reasonable medical judgment; unborn child or fetus; and woman.

Section 5 (145.4142) sets out legislative findings.

Section 6 (145.4143) prohibits an abortion from being performed except in the case of an medical emergency, unless the physician performing the abortion has made a determination of the probable post fertilization age of the unborn child or relied on the determination made by another physician.

Section 7 (145.4144), subdivision 1 states that no person shall perform or induce or attempt to induce an abortion when it has been determined that the probable post fertilization age of the unborn child is 20 or more weeks unless, within reasonable medical judgment, the woman has a condition which so complicates her medical condition as to necessitate the abortion to avert her death or to avert serious risk of substantial and irreversible physical impairment of a major bodily function, not including psychological or emotional conditions.

Subdivision 2 states that when an abortion is performed on a woman whose unborn child has been determined to have a probable post fertilization age of 20 or more weeks and is not prohibited, the physician must terminate the pregnancy in a manner which provides the best opportunity for the unborn child to survive unless termination of the pregnancy in that manner would pose a greater risk either of the death of the woman or of substantial and irreversible physical impairment of major bodily function not including psychological or emotional conditions, to the woman than would other available methods.

Section 8 (145.4145), subdivision 1 states that any person who intentionally or recklessly performs or induces or attempts to perform an abortion in violation of these sections is guilty of a felony.

Subdivision 2 establishes civil remedies for a woman upon whom an abortion has been performed or induced in violation of these sections or a father of the unborn child who was the subject of an abortion.

Section 9 (145.4146) provides privacy protections in a civil or criminal court proceeding or action brought under these sections.  Authorizes the court to determine whether to be preserved from public disclosure if she does not give her consent to such disclosure.

Section 10 (145.4147) establishes severability if any portion of these sections are found to be unconstitutional.

Section 11 appropriates money to the commissioner of health to evaluate the increase in abortions occurring after 20 weeks gestational age and the possible reasons for the increase. 

 
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