Minnesota
Ranking: 28
- The Minnesota constitution protects the “right to an abortion” as a fundamental right and to a greater extent than the U.S. Constitution.
- Minnesota’s informed consent law requires that women be given information on the risks of and alternatives to abortion at least 24 hours prior to undergoing an abortion.
- Minnesota requires that a physician or his or her agent advise a woman seeking an abortion after 20 weeks gestation of the possibility that anesthesia would alleviate fetal pain.
- The state also explicitly requires a physician to inform a woman seeking abortion of the abortion-breast cancer link.
- Minnesota maintains a law prohibiting coerced abortions, defining “coercion” as “restraining or dominating the choice of a minor female by force, threat of force, or deprivation of food and shelter.” The provision only applies to employees in government-run social programs and prohibits threatening to disqualify eligible recipients of their financial assistance if they do not obtain abortion. The provision applies to older women as well as minors.
- Minnesota law provides that a physician may not perform an abortion on an unemancipated minor under the age of 18 until at least 48 hours after written notice has been delivered to both parents (unless one cannot be found after a reasonable effort) unless one of the following applies: the minor is the victim of rape, incest, or child abuse, which must be reported; there is a medical emergency; or the minor obtains a court order.
- Minnesota requires abortions after the first trimester be performed in a hospital or “abortion facility.”
- Only physicians licensed to practice medicine by the State of Minnesota or physicians-in-training supervised by licensed physicians may perform abortions.
- The state has an enforceable abortion reporting law, but does not require the reporting of information to the Centers for Disease Control (CDC). The measure pertains to both surgical and nonsurgical abortions and requires abortion providers to report short-term complications.
- Minnesota taxpayers are required by court order to fund “medically necessary” abortions for women eligible for public assistance. This requirement essentially equates to funding abortion-on-demand in light of the U.S. Supreme Court’s broad definition of “health” in the context of abortion.
- Minnesota prohibits special grants from being awarded to any non-profit corporation which performs abortions. Further, grantees may not provide state funds to any non-profit corporation which performs abortions.
- Pregnancy alternative grants may not be used to encourage or affirmatively counsel a woman to have an abortion not necessary to prevent her death, to provide her an abortion, or to directly refer her to an abortion provider for an abortion.
- The “Minnesota Care” public insurance program prohibits public funds from being used to cover abortions except when the mother’s life is in danger, she faces a serious health risk, or in cases of rape or incest.
- Hospitals must provide information about and access to “emergency contraception” to sexual assault victims. However, hospitals are not required to provide “emergency contraception” if it is contraindicated or if there is a positive pregnancy test.
- The state requires health maintenance organizations (HMOs) to cover prescription contraception or family planning services.
- Under Minnesota law, the killing of an unborn child at any stage of gestation is defined as a form of homicide.
- Minnesota defines a nonfatal assault on an unborn child as a criminal offense.
- Minnesota allows a wrongful death (civil) action when a viable unborn child is killed through a negligent or criminal act.
- The state has created a specific affirmative duty of physicians to provide medical care and treatment to infants born alive after attaining viability.
- Minnesota has a “Baby Moses” law allowing emergency service personnel to accept a relinquished infant who is seven days old or younger.
- A court may order a pregnant woman into an early intervention treatment program for substance abuse. Professionals, such as healthcare providers and law enforcement officers, must report suspected abuse of a controlled substance by pregnant women. In addition, healthcare professionals must test newborns for drug exposure when there is suspicion of prenatal drug use. The state also funds drug treatment programs for pregnant women and newborns.
- Minnesota does not explicitly prohibit human cloning or destructive embryo research.
- In 2011, the state allowed a former prohibition on the funding of human cloning to expire.
- Minnesota bans experimentation on a “living human conceptus,” meaning that experimentation on aborted fetus is not prohibited.
- The state does not promote ethical alternatives to destructive embryo research.
- Minnesota maintains no meaningful regulation of assisted reproductive technologies.
- In Minnesota, assisted suicide is a felony.
- Minnesota law provides that no person, hospital, or institution may be coerced, held liable for, or discriminated against in any way for refusing to perform, accommodate, or assist in an abortion. However, this provision has been held unconstitutional as applied to public hospitals and institutions. Thus, public hospitals may be required to perform, accommodate, or assist in abortions.
- State employees may refuse to provide family planning services if contrary to their personal beliefs.
- Health plan companies and healthcare cooperatives are not required to provide abortions or coverage of abortions.
- Minnesota currently provides no protection for the rights of healthcare providers who conscientiously object to participation in human cloning, destructive embryo research, or other forms of immoral medical research.
- Minnesota amended the requirements for organizations seeking funding for abortion alternatives programs. Eligibility for grants now accrues to organizations that have had operational programs since 2011 (instead of 2005).
- Governor Mark Dayton vetoed a bill that would have required the physical presence of a physician for the administration of an abortion-inducing drug. He also vetoed a provision that would have regulated facilities performing 10 or more abortions per month.
- The state also considered legislation requiring a reflection period before abortion and amending existing abortion reporting requirements.
- Conversely, Minnesota considered legislation expanding abortion funding, as well as legislation that would have required insurance plans to provide coverage for “all FDA approved contraceptives” (including “emergency contraception”).
- The state also considered legislation regulating assisted reproductive technologies.
- Minnesota enacted a measure allowing emergency service personnel to accept a relinquished infant who is seven days old or younger (an earlier version of the law allowed a healthcare provider to accept relinquished infants 72 hours old or younger).
- State Constitutional Amendment (providing that there is no state constitutional right to abortion)
- Abortion Mandate Opt-Out Act
- Defunding the Abortion Industry and Advancing Women’s Health Act
- Women’s Health Protection Act (abortion clinic regulations)
- Women’s Ultrasound Right to Know Act
- Abortion-Inducing Drugs Safety Act
- Child Protection Act
- Joint Resolution Commending Pregnancy Centers
- Unborn Wrongful Death Act (for pre-viable child)
- Pregnant Woman’s Protection Act
- Human Cloning Prohibition Act
- Destructive Embryo Research Act
- Prohibition on Public Funding of Human Cloning and Destructive Embryo Research Act
- Healthcare Freedom of Conscience Act
