MINNESOTA MINNESOTA. Defending Life 2012 RANKING: 24

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1 702 RANKING: 24 In 2011, effrts t prtect life in Minnesta were veted by Gvernr Mark Daytn. Minnesta currently prvides cmprehensive prtectin t unbrn victims f vilence and, ver the past several years, has made significant strides in prtecting wmen frm the negative cnsequences f abrtin. Hwever, in 2011, prlife effrts in the state were marked by the vet pwer f Gvernr Mark Daytn, wh veted several measures, including tw bans n human clning. ABORTION: The Minnesta cnstitutin prtects the right t an abrtin as a fundamental right and t a brader extent than the U.S. Cnstitutin. Minnesta s infrmed cnsent law requires wmen be given infrmatin n the risks f and alternatives t abrtin at least 24 hurs prir t underging abrtins. Minnesta requires a physician r his agent advise a wman seeking an abrtin after 20 weeks gestatin f the pssibility that anesthesia wuld alleviate fetal pain. The state als explicitly requires a physician t infrm a wman seeking abrtin f the abrtin-breast cancer link. Minnesta maintains a law prhibiting cerced abrtins, defining cercin as restraining r dminating the chice f a minr female by frce, threat f frce, r deprivatin f fd and shelter. The prvisin nly applies t emplyees in gvernment-run scial prgrams and prhibits threatening t disqualify eligible recipients frm financial assistance if they d nt btain abrtins. The prvisin applies t lder wmen as well as minrs. Minnesta law prvides that a physician may nt perfrm an abrtin n an unemancipated minr under the age f 18 until at least 48 hurs after written ntice has been delivered t bth parents (unless ne cannt be fund after a reasnable effrt) unless ne f the fllwing applies: the minr is the victim f rape, incest, r child abuse, which must be reprted; there is a medical emergency; r the minr btains a curt rder. Minnesta taxpayers are required by curt rder t fund medically necessary abrtins fr wmen eligible fr public assistance. This requirement essentially equates t Defending Life 2012

2 703 funding abrtin-n-demand in light f the U.S. Supreme Curt s brad definitin f health in the cntext f abrtin. Minnesta prhibits special grants frm being awarded t any nnprfit crpratin which perfrms abrtins. Further, grantees may nt prvide state funds t any nnprfit crpratin which perfrms abrtins. Pregnancy alternative grants may nt be used t encurage r affirmatively cunsel a wman t have an abrtin nt necessary t prevent her death, t prvide her an abrtin, r t directly refer her t an abrtin prvider fr an abrtin. Minnesta requires abrtins after the first trimester be perfrmed in a hspital r abrtin facility. Only physicians licensed t practice medicine by the State f Minnesta r physiciansin-training supervised by licensed physicians may perfrm abrtins. Hwever, Minnesta allws registered nurses t dispense all cntraceptives. The state has an enfrceable abrtin reprting law, but des nt require the reprting f infrmatin t the Centers fr Disease Cntrl (CDC). The measure pertains t bth surgical and nnsurgical abrtins and requires abrtin prviders t reprt shrt-term cmplicatins. Hspitals must prvide infrmatin abut and access t emergency cntraceptin t sexual assault victims. Hwever, hspitals are nt required t prvide emergency cntraceptin if it is cntraindicated r if there is a psitive pregnancy test. The Minnesta Care public insurance prgram prhibits public funds frm being used t cver abrtins except when the mther s life is in danger, she faces a serius health risk, r in cases f rape r incest. The state requires health maintenance rganizatins (HMOs) t cver prescriptin cntraceptin r family planning services. LEGAL RECOGNITION OF UNBORN AND NEWLY BORN: Under Minnesta law, the killing f an unbrn child at any stage f gestatin is defined as a frm f hmicide. Minnesta defines nnfatal assaults n an unbrn child as criminal ffenses. Americans United fr Life

3 Minnesta allws wrngful death (civil) actins when a viable unbrn child is killed thrugh negligent r criminal actin. The state has created a specific affirmative duty f physicians t prvide medical care and treatment t brn-alive infants nly after viability. A curt may rder a pregnant wman int an early interventin treatment prgram fr substance abuse. Prfessinals, such as healthcare prviders and law enfrcement fficers, must reprt suspected abuse f a cntrlled substance by pregnant wmen. In additin, healthcare prfessinals must test newbrns fr drug expsure when there is suspicin f prenatal drug use. The state funds drug treatment prgrams fr pregnant wmen and newbrns. BIOETHICS LAWS: Minnesta des nt explicitly prhibit human clning r destructive embry research. In 2011, the state allwed a frmer prhibitin n the funding f human clning t expire. The state des nt prmte ethical alternatives t destructive research. Minnesta maintains n meaningful regulatin f assisted reprductive technlgies. END OF LIFE LAWS: In Minnesta, assisted suicide is a felny. HEALTHCARE RIGHTS OF CONSCIENCE LAWS: Participatin in Abrtin: Minnesta law prvides that n persn, hspital, r institutin may be cerced, held liable fr, r discriminated against in any way fr refusing t perfrm, accmmdate, r assist in an abrtin. Hwever, this prvisin has been held uncnstitutinal as applied t public hspitals and institutins. Thus, public hspitals may be required t perfrm, accmmdate, r assist in abrtins. State emplyees may refuse t prvide family planning services if cntrary t their persnal beliefs. 704 Defending Life 2012

4 705 Health plan cmpanies and healthcare cperatives are nt required t prvide abrtins r cverage f abrtins. Participatin in Research Harmful t Human Life: Minnesta currently prvides n prtectin fr the rights f healthcare prviders wh cnscientiusly bject t participatin in human clning, destructive embry research, r ther frms f immral medical research. WHAT HAPPENED IN 2011: Gvernr Mark Daytn veted bth a prhibitin n abrtins at r after 20 weeks as well as a limit n abrtin funding by state-spnsred health prgrams. The state als cnsidered a cnstitutinal amendment cnferring persnhd n the unbrn, as well as a measure establishing a specialty license plate prgram that prvides earned revenue t pregnancy care centers r thers prviding abrtin alternatives. Cnversely, Minnesta cnsidered a state versin f the Freedm f Chice Act (FOCA), elevating abrtin r reprductive privacy t a fundamental state cnstitutinal right and invalidating existing state regulatins and restrictins n abrtin. Gvernr Daytn als veted tw different mnibus bills that cntained prvisins banning human clning fr all purpses. The state als cnsidered legislatin prviding sme regulatin f assisted reprductive technlgies. The state did nt cnsider any measures related t legal recgnitin f the unbrn and newly brn r healthcare rights f cnscience. Americans United fr Life

5 706 RECOMMENDATIONS FOR TOP PRIORITIES: State Cnstitutinal Amendment (prviding that there is n state cnstitutinal right t abrtin) Persnhd Preamble Abrtin Mandate Opt-Out Act Abrtin Subsidy Prhibitin Act Wmen s Health Prtectin Act Wmen s Ultrasund Right t Knw Act Abrtin-Inducing Drugs Safety Act OTHER PRIORITIES: Abrtin Child Prtectin Act Jint Reslutin Cmmending Pregnancy Centers Legal Recgnitin and Prtectin fr the Unbrn: Unbrn Wrngful Death Act (fr pre-viable child) Pregnant Wman s Prtectin Act Biethics: Human Clning Prhibitin Act Destructive Embry Research Act Prhibitin n Public Funding f Human Clning and Destructive Embry Research Act Healthcare Freedm f Cnscience: Healthcare Freedm f Cnscience Act Americans United fr Life