HF 259

as introduced - 92nd Legislature (2021 - 2022) Posted on 05/16/2022 05:11pm

A bill for an act
relating to health; establishing reproductive health rights; proposing coding for
new law in Minnesota Statutes, chapter 145A.

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

Section 1.

new text begin [145.409] REPRODUCTIVE HEALTH.
new text end

new text begin Subdivision 1. new text end

new text begin Short title. new text end

new text begin This section may be cited as the "Protect Reproductive Options
Act."
new text end

new text begin Subd. 2. new text end

new text begin Reproductive health rights. new text end

new text begin Every individual has a fundamental right to make
autonomous decisions about the individual's own reproductive health. Every individual has
the fundamental right to:
new text end

new text begin (1) choose or refuse reproductive health care;
new text end

new text begin (2) choose or refuse contraception or sterilization; and
new text end

new text begin (3) choose to continue a pregnancy and give birth to a child, or choose to obtain an
abortion.
new text end

new text begin Subd. 3. new text end

new text begin Right to privacy recognized. new text end

new text begin Every individual has a fundamental right of
privacy with respect to personal reproductive decisions. The state shall not deny, restrict,
or interfere with an individual's autonomous decision to exercise their fundamental
reproductive health rights under subdivision 1.
new text end

new text begin Subd. 4. new text end

new text begin Fertilized egg, embryo, or fetus. new text end

new text begin A fertilized egg, embryo, or fetus does not
have independent rights under the laws of this state.
new text end

new text begin Subd. 5. new text end

new text begin Interference with reproductive decision-making prohibited. new text end

new text begin The state shall
not:
new text end

new text begin (1) in the regulation or provision of benefits, facilities, services, or information, deny,
restrict, or interfere with an individual's fundamental reproductive health rights in subdivision
2, including individuals under state custody, control, or supervision;
new text end

new text begin (2) discriminate in the protection or enforcement of the fundamental rights in subdivision
2 on the basis of sex, gender identity or expression, perceived gender identity or expression,
sexual orientation, disability, race, ethnicity, age, national origin, immigration status, or
religion; and
new text end

new text begin (3) prosecute, nor deprive the rights of any individual for, any act or failure to act during
their own pregnancy based on the potential or actual impact on their own health or pregnancy.
new text end

new text begin Subd. 6. new text end

new text begin Civil action. new text end

new text begin An individual aggrieved by a violation of this section may obtain
appropriate relief in a civil action.
new text end

new text begin Subd. 7. new text end

new text begin Severability. new text end

new text begin If any provision of this section, or the application of a provision
to any person or circumstance, is held to be unconstitutional, the remainder of this section,
or the application of a provision to any person or circumstance, other than those to which
the provision is held to be unconstitutional, shall not thereby be affected.
new text end

new text begin Subd. 8. new text end

new text begin Rule of construction. new text end

new text begin This section applies to every state statute, ordinance,
regulation, administrative order, decision, policy, practice, or other action enacted, adopted,
or implemented before, on, or after August 1, 2021.
new text end