1.1.................... moves to amend S.F. No. 2995, the first unofficial engrossment, as follows:
1.2Page 159, after line 13, insert:

1.3    "Sec. .... [144.3435] NOTICE TO PARENT OR GUARDIAN REGARDING
1.4ABORTION PERFORMED ON A MINOR.
1.5    Subdivision 1. Definitions. (a) For purposes of this section, the following terms have
1.6the meanings given.
1.7(b) "Abortion" has the meaning given in section 145.411, subdivision 5.
1.8(c) "Health care provider" means a physician licensed to practice medicine in Minnesota
1.9or other health care professional authorized to practice that individual's profession in
1.10Minnesota and whose scope of practice and qualifications include the performance of
1.11abortions.
1.12(d) "Medical emergency" means a condition that, in reasonable medical judgment, so
1.13complicates the medical condition of the pregnant woman as to necessitate the immediate
1.14abortion of her pregnancy to avert her death or for which a delay will create serious risk of
1.15substantial and irreversible physical impairment of a major bodily function, not including
1.16psychological or emotional conditions. A condition is not a medical emergency if it is based
1.17on a claim, diagnosis, or determination that the woman may engage in conduct which she
1.18intends to result in her death or in the substantial and irreversible physical impairment of a
1.19major bodily function.
1.20    Subd. 2. Notice to parent or guardian. If a health care provider did not obtain the
1.21consent of a parent or guardian of a pregnant minor before performing an abortion on the
1.22pregnant minor because of a medical emergency, the health care provider must notify the
1.23minor's parent or guardian within 24 hours after the abortion and must so certify in the
1.24minor's medical record."
2.1Page 211, after line 15, insert:

2.2    "Sec. .... [145.4161] LICENSURE OF ABORTION FACILITIES.
2.3    Subdivision 1. Definitions. (a) For purposes of this section, the following terms have
2.4the meanings given.
2.5(b) "Abortion facility" means a clinic, health center, or other facility in which the
2.6pregnancies of ten or more women known to be pregnant are willfully terminated or aborted
2.7each month. A facility licensed as a hospital or outpatient surgical center under sections
2.8144.50 to 144.56 shall not be considered an abortion facility.
2.9(c) "Accrediting or membership organization" means a national organization that
2.10establishes evidence-based clinical standards for abortion care and accredits abortion facilities
2.11or accepts as members abortion facilities following an application and inspection process.
2.12(d) "Commissioner" means the commissioner of health.
2.13    Subd. 2. License required. (a) Beginning July 1, 2024, no abortion facility shall be
2.14established, operated, or maintained in the state without first obtaining a license from the
2.15commissioner according to this section.
2.16(b) A license issued under this section is not transferable or assignable and is subject to
2.17suspension or revocation at any time for failure to comply with this section.
2.18(c) If a single entity maintains abortion facilities on different premises, each facility
2.19must obtain a separate license.
2.20(d) To be eligible for a license under this section, an abortion facility must be accredited
2.21by or a member of an accrediting or membership organization or must obtain accreditation
2.22from or membership in such an organization within six months after the date of the
2.23application for licensure. If the abortion facility loses its accreditation or membership, the
2.24abortion facility must immediately notify the commissioner.
2.25(e) The commissioner, the attorney general, an appropriate county attorney, or a woman
2.26upon whom an abortion has been performed or attempted to be performed at an unlicensed
2.27facility may seek an injunction in district court against the continued operation of the facility.
2.28Proceedings for securing an injunction may be brought by the attorney general or by the
2.29appropriate county attorney.
2.30(f) Sanctions provided in this subdivision do not restrict other available sanctions.
2.31    Subd. 3. Temporary license. For new abortion facilities planning to begin operations
2.32on or after July 1, 2024, the commissioner may issue a temporary license to the abortion
3.1facility that is valid for a period of six months from the date of issuance. The abortion facility
3.2must submit to the commissioner an application and applicable fee for licensure as required
3.3under subdivisions 4 and 7. The application must include the information required under
3.4subdivision 4, clauses (1), (2), (3), (5), and (6), and provide documentation that the abortion
3.5facility has submitted the application for accreditation or membership from an accrediting
3.6or membership organization. Upon receipt of accreditation or membership verification, the
3.7abortion facility must submit to the commissioner the information required in subdivision
3.84, clause (4), and the applicable fee under subdivision 7. The commissioner shall then issue
3.9a new license.
3.10    Subd. 4. Application. An application for a license to operate an abortion facility and
3.11the applicable fee under subdivision 7 must be submitted to the commissioner on a form
3.12provided by the commissioner and must contain:
3.13(1) the name of the applicant;
3.14(2) the site location of the abortion facility;
3.15(3) the name of the person in charge of the abortion facility;
3.16(4) documentation that the abortion facility is accredited by or a member of an accrediting
3.17or membership organization, including the effective date and the expiration date of the
3.18accreditation or membership and the date of the last site visit by the accrediting or
3.19membership organization;
3.20(5) the names and license numbers, if applicable, of the health care professionals on
3.21staff at the abortion facility; and
3.22(6) any other information the commissioner deems necessary.
3.23    Subd. 5. Inspections. Prior to initial licensure and at least once every two years thereafter,
3.24the commissioner shall perform a routine and comprehensive inspection of each abortion
3.25facility. Facilities shall be open at all reasonable times to an inspection authorized in writing
3.26by the commissioner. No notice need be given to any person prior to an inspection authorized
3.27by the commissioner.
3.28    Subd. 6. Suspension, revocation, and refusal to grant or renew. The commissioner
3.29may refuse to grant or renew, or may suspend or revoke, a license on any of the grounds
3.30described under section 144.55, subdivision 6, paragraph (a), clause (2), (3), or (4), or upon
3.31the loss of accreditation or membership described in subdivision 4, clause (4). The applicant
3.32or licensee is entitled to a notice and a hearing as described under section 144.55, subdivision
4.17, and a new license may be issued after proper inspection of an abortion facility has been
4.2conducted.
4.3    Subd. 7. Fees. (a) The biennial license fee for abortion facilities is $365.
4.4(b) The temporary license fee is $365.
4.5(c) Fees shall be collected and deposited according to section 144.122.
4.6    Subd. 8. Renewal. (a) A license issued under this section expires two years from the
4.7date of issuance.
4.8(b) A temporary license issued under this section expires six months from the date of
4.9issuance and may be renewed for one additional six-month period.
4.10    Subd. 9. Records. All health records maintained on each client by an abortion facility
4.11are subject to sections 144.292 to 144.298.
4.12    Subd. 10. Severability. If any one or more provisions, sections, subdivisions, sentences,
4.13clauses, phrases, or words of this section or the application of them to any person or
4.14circumstance is found to be unconstitutional, they are declared to be severable and the
4.15balance of this section shall remain effective notwithstanding such unconstitutionality. The
4.16legislature intends that it would have passed this section, and each provision, section,
4.17subdivision, sentence, clause, phrase, or word, regardless of the fact that any one provision,
4.18section, subdivision, sentence, clause, phrase, or word is declared unconstitutional."
4.19Page 266, after line 30, insert:

4.20    "Sec. .... Laws 2023, chapter 4, section 1, is amended to read:
4.21    Section 1. 145.409 REPRODUCTIVE HEALTH RIGHTS.
4.22    Subdivision 1. Short title. This section may be cited as the "Protect Reproductive Options
4.23Act."
4.24    Subd. 2. Definition Definitions. (a) For purposes of this section, the following definitions
4.25have the meanings given.
4.26(b) "Abortion" has the meaning given in section 145.411, subdivision 5.
4.27(c) "Abortion facility" means a clinic, health center, or other facility in which the
4.28pregnancies of ten or more women known to be pregnant are willfully terminated or aborted
4.29each month. A facility licensed as a hospital or outpatient surgical center under sections
4.30144.50 to 144.56 shall not be considered an abortion facility.
5.1(d) "Commissioner" means the commissioner of health.
5.2(e) "Health care provider" means a physician licensed to practice medicine in Minnesota
5.3or other health care professional authorized to practice that individual's profession in
5.4Minnesota and whose scope of practice and qualifications include the performance of
5.5abortions.
5.6(f) "Medical emergency" means a condition that, in reasonable medical judgment, so
5.7complicates the medical condition of the pregnant woman as to necessitate the immediate
5.8abortion of her pregnancy to avert her death or for which a delay will create serious risk of
5.9substantial and irreversible physical impairment of a major bodily function, not including
5.10psychological or emotional conditions. A condition is not a medical emergency if it is based
5.11on a claim, diagnosis, or determination that the woman may engage in conduct which she
5.12intends to result in her death or in the substantial and irreversible physical impairment of a
5.13major bodily function.
5.14(g) "Partial-birth abortion" means an abortion in which the individual performing the
5.15abortion:
5.16(1) deliberately and intentionally vaginally delivers a living fetus until, in the case of a
5.17head-first presentation, the entire fetal head is outside the body of the mother, or, in the case
5.18of breech presentation, any part of the fetal trunk past the navel is outside the body of the
5.19mother, for the purpose of performing an overt act that the individual knows will kill the
5.20partially delivered fetus; and
5.21(2) performs the overt act, other than completion of delivery, that kills the partially
5.22delivered fetus.
5.23(h) "Reproductive health care" means health care offered, arranged, or furnished for the
5.24purpose of preventing pregnancy, terminating a pregnancy, managing pregnancy loss, or
5.25improving maternal health and birth outcomes. Reproductive health care includes, but is
5.26not limited to, contraception; sterilization; preconception care; maternity care; abortion care;
5.27family planning and fertility services; and counseling regarding reproductive health care.
5.28(i) "Third trimester" means the stage of pregnancy that begins at the end of the 26th
5.29week from the beginning of the pregnant woman's last menstrual period.
5.30    Subd. 3. Reproductive freedom. (a) Every individual has a fundamental right to make
5.31autonomous decisions about the individual's own reproductive health, including the
5.32fundamental right to use or refuse reproductive health care.
6.1(b) Every individual who becomes pregnant has a fundamental right to continue the
6.2pregnancy and give birth, or obtain an abortion, and to make autonomous decisions about
6.3how to exercise this fundamental right.
6.4(c) This subdivision does not:
6.5(1) authorize the performance of partial-birth abortions in a manner that is prohibited
6.6under subdivision 6;
6.7(2) authorize the performance of abortions in the third trimester of pregnancy in a manner
6.8that is prohibited under subdivision 7;
6.9(3) limit the authority of the commissioner to license abortion facilities under section
6.10145.4161;
6.11(4) prohibit notice, as required under section 144.3435, from being provided to a parent
6.12or guardian of a minor on whom an abortion is performed in a medical emergency; or
6.13(5) prohibit an unborn child who is born alive following an attempted abortion from
6.14being treated as a person under the law under subdivision 9.
6.15    Subd. 4. Right to reproductive freedom recognized. The Minnesota Constitution
6.16establishes the principles of individual liberty, personal privacy, and equality. Such principles
6.17ensure the fundamental right to reproductive freedom.
6.18    Subd. 5. Local unit of government limitation. A local unit of government may not
6.19regulate an individual's ability to freely exercise the fundamental rights set forth in this
6.20section in a manner that is more restrictive than that set forth in this section.
6.21    Subd. 6. Partial-birth abortions prohibited; exception. (a) It is prohibited for any
6.22individual to knowingly perform a partial-birth abortion that causes the death of a human
6.23fetus.
6.24(b) Paragraph (a) does not apply to a partial-birth abortion that is necessary to save the
6.25life of a mother whose life is endangered by a physical disorder, physical illness, or physical
6.26injury, including a life-endangering physical condition caused by or arising from the
6.27pregnancy itself.
6.28    Subd. 7. Abortion in the third trimester prohibited; exceptions. (a) Except as provided
6.29in paragraphs (b) and (c), it is prohibited for any individual to knowingly or intentionally
6.30cause an abortion in the third trimester of pregnancy that results in the death of the unborn
6.31child.
7.1(b) Medical treatment provided to a pregnant woman that results in the accidental death
7.2of, or unintentional injury to, the unborn child is not a violation of paragraph (a).
7.3(c) Paragraph (a) does not apply to an abortion performed:
7.4(1) if the pregnancy is the result of conduct that would constitute a violation of section
7.5609.342, 609.343, 609.344, 609.345, or 609.3451, provided documentation is presented to
7.6the attending health care provider that the conduct was reported to law enforcement within
7.7the first 15 weeks of pregnancy;
7.8(2) if the pregnancy is the result of conduct that would constitute a violation of section
7.9609.365, provided documentation is presented to the attending health care provider that the
7.10conduct was reported to law enforcement within the first 15 weeks of pregnancy; or
7.11(3) to avert the death of the pregnant woman or to prevent a serious risk of substantial
7.12and irreversible physical impairment of a major bodily function of the pregnant woman,
7.13not including psychological or emotional conditions.
7.14    Subd. 8. Pregnant woman not subject to criminal penalties. A pregnant woman who
7.15sought or obtained an abortion that violates subdivision 6 or 7 shall not be subject to criminal
7.16penalties for violating subdivision 6 or 7.
7.17    Subd. 9. Born alive child. Any unborn child who is born alive following an attempted
7.18abortion shall be treated as a person under the law, and a birth certificate shall be issued
7.19certifying the child's birth. If the child later dies, a death certificate shall be issued.
7.20    Subd. 10. Severability. If any one or more provision, section, subdivision, sentence,
7.21clause, phrase, or word of this section or the application of it to any person or circumstance
7.22is found to be unconstitutional, it is declared to be severable and the balance of this section
7.23shall remain effective notwithstanding such unconstitutionality. The legislature intends that
7.24it would have passed this section, and each provision, section, subdivision, sentence, clause,
7.25phrase, or word, regardless of the fact that any one provision, section, subdivision, sentence,
7.26clause, phrase, or word is declared unconstitutional."
7.27Page 556, line 15, delete "70,981,000" and insert "71,036,000" and delete "73,220,000"
7.28and insert "73,228,000"
7.29Page 557, after line 26, insert:
7.30"(g) Licensure of Abortion Facilities.
7.31$55,000 in fiscal year 2024 and $8,000 in
7.32fiscal year 2025 are from the state government
7.33special revenue fund for the licensure of
8.1abortion facilities under Minnesota Statutes,
8.2section 145.4161. The base for this
8.3appropriation is $42,000 in fiscal year 2026
8.4and $8,000 in fiscal year 2027."
8.5Adjust amounts accordingly
8.6Reletter the paragraphs in sequence
8.7Renumber the sections in sequence and correct the internal references
8.8Amend the title accordingly