Minnesota
Chapter Title: PUBLIC HEALTH PROVISIONS
Section: 145.42
145.42 Abortions; nonliability for refusal to perform.
Subdivision 1. Damages. No physician, nurse, or other person who
refuses to perform or assist in the performance of an abortion, and no
hospital that refuses to permit the performance of an abortion upon its
premises, shall be liable to any person for damages allegedly arising from
the refusal.
Subd. 2. Related actions. No physician, nurse, or other person who
refuses to perform or assist in the performance of an abortion shall,
because of that refusal, be dismissed, suspended, demoted, or otherwise
prejudiced or damaged by a hospital with which the person is affiliated or
by which the person is employed.
HIST: 1971 c 693 s 1,2; 1986 c 444
Section: 145.414
145.414 Abortion not mandatory.
(a) No person and no hospital or institution shall be coerced, held
liable or discriminated against in any manner because of a refusal to
perform, accommodate, assist or submit to an abortion for any reason.
(b) It is the policy of the state of Minnesota that no health plan
company as defined under section 62Q.01, subdivision 4, or health care
cooperative as defined under section 62R.04, subdivision 2, shall be
required to provide or provide coverage for an abortion. No provision of
this chapter; of chapter 62A, 62C, 62D, 62H, 62L, 62M, 62N, 62R, 64B, or of
any other chapter; of Minnesota Rules; or of Laws 1995, chapter 234, shall
be construed as requiring a health plan company as defined under section
62Q.01, subdivision 4, or a health care cooperative as defined under section
62R.04, subdivision 2, to provide or provide coverage for an abortion.
(c) This section supersedes any provision of Laws 1995, chapter 234, or
any act enacted prior to enactment of Laws 1995, chapter 234, that in any
way limits or is inconsistent with this section. No provision of any act
enacted subsequent to Laws 1995, chapter 234 shall be construed as in any
way limiting or being inconsistent with this section, unless the act amends
this section or expressly provides that it is intended to limit or be
inconsistent with this section.
HIST: 1974 c 177 s 4; 1995 c 234 art 2 s 30
Section: 145.424
145.424 Prohibition of tort actions.
Subdivision 1. Wrongful life action prohibited.
No person shall maintain a cause of action or receive an award of damages
on behalf of that person based on the claim that but for the negligent
conduct of another, the person would have been aborted.
Subd. 2. Wrongful birth action prohibited.
No person shall maintain a cause of action or receive an award of damages
on the claim that but for the negligent conduct of another, a child would
have been aborted.
Subd. 3. Failure or refusal to prevent a live birth.
Nothing in this section shall be construed to preclude a cause of action
for intentional or negligent malpractice or any other action arising in tort
based on the failure of a contraceptive method or sterilization procedure or
on a claim that, but for the negligent conduct of another, tests or
treatment would have been provided or would have been provided properly
which would have made possible the prevention, cure, or amelioration of any
disease, defect, deficiency, or handicap; provided, however, that abortion
shall not have been deemed to prevent, cure, or ameliorate any disease,
defect, deficiency, or handicap. The failure or refusal of any person to
perform or have an abortion shall not be a defense in any action, nor shall
that failure or refusal be considered in awarding damages or in imposing a
penalty in any action.
HIST: 1982 c 521 s 1; 1986 c 444