New law establishes Minnesota as a safe haven for reproductive health care

Referred to as the “Reproductive Freedom Defense Act,” a new law protects patients and providers from legal or disciplinary action related to reproductive health care.

Effect on April 28, 2023, physicians, physician assistants, nurses, pharmacists, pharmacy technicians, and pharmacist interns cannot be punished for providing reproductive health care services that are legal in Minnesota, even if they are against the law elsewhere. This includes prohibiting the Board of Medical Practice from refusing to grant a medical license or registration to perform interstate telehealth services.

For costs, damages, and attorney fees, the law also permits individuals to sue someone who brought a case against them in another state for either using reproductive health care services or assisting another to do the same.

Minnesota courts will not enforce civil judgements, subpoenas, arrests, or certain extraditions to another state for acts committed or services received involving pregnancy, contraception, or termination of pregnancy and that are lawful in Minnesota.

Moreover, a subpoena or court order based on other states’ more restrictive reproductive health care laws will not grant access to a patient’s health records. Patient consent, or authorization from the patient’s representative, is required to release their health records.

Rep. Esther Agbaje (DFL-Mpls) and Sen. Kelly Morrison (DFL-Deephaven) sponsor the law.

HF366*/SF165/CH31

HF0366* / SF0165 / CH31