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Minnesota 2006 State Policy Issues

End of Session Update
May 24, 2006

  • Abortion Regulation Act -DID NOT PASS
    [HF3258 House author: Brod; SF2877 Senate author: Neuville]

    Summary: During the legislative session of 2006, Minnesota Citizens Concerned for Life (MCCL) pushed their most far reaching attempt to take away Minnesota women’s right to privacy. Their legislation (HF 3258) included three components that would have done nothing to prevent abortions, all while denying a woman’s right to privacy.

    The legislation included:
    1) A direct attack on the Minnesota State Supreme Court ruling in Doe vs. Gomez that grants the right to privacy, including reproductive health.
    In 1995, the Women of Minnesota (a.k.a. Doe) v. Gomez ruling allowed that if Minnesota state subsidized health insurance provides for pregnancy-related services, the state could not discriminate which services a woman could choose. This ruling also provides greater protection of women’s reproductive privacy. By seeking to pass legislation that directly contradicts that ruling, the MCCL tried to propel a court case to overturn this Supreme Court decision. The MCCL has already openly identified which justices they will target for defeat in upcoming elections.

    2) Targeted regulations of doctors who perform abortions.
    Clinics that perform abortions already have agreements with nearby hospitals for emergency situations. But the MCCL is seeking to add an unnecessary mandate on individual doctors by requiring each to obtain admitting privileges. The MCCL is only trying to intimidate doctors who perform a safe and legal procedure.

    3) Intimidation of Hennepin, Ramsey and St. Louis county judges that grant a judicial bypass to women under the age of eighteen.
    Minnesota law currently requires clinics or minors to notify both biological parents 48 hours in advance of obtaining an abortion. If BOTH parents are not able to be notified, a young woman may petition the court to grant her the right to consent to an abortion. This has been in law since 1981 without a need to further burden the courts and clinics. The new law would only serve to make judges vulnerable as political targets in upcoming elections.

    All three of these provisions do nothing to reduce the underlying cause for abortion in Minnesota - unintended pregnancies. These measures are all designed to attack established constitutional law and precedent for reproductive freedom in our Minnesota State Constitution and to compromise the fairness and integrity of our judicial system.

    If the MCCL is allowed to move their legislation forward, this will be a further step in restricting the right to privacy for women throughout Minnesota. Watch out for more of these tactics in the next legislative session.

    Final Status: Passed the House floor as stand alone bill and amended onto the Supplemental Finance bill (HF4162 Knoblach). In Senate, did not receive hearing as stand alone bill; Supplemental Finance bill (SF 3781 Cohen) was stripped of the Health & Human Service section in order to avoid a vote on the MCCL amendment. In conference committee, negotiations over abortion language lasted until voted in committee at 5:15 am Sunday, May 21. It was defeated by 3 to 1 among the Senate conferees. Final bill passed both House and Senate Sunday evening by 9:00 pm.

  • Pharmacists Refusal Prohibition - DIED IN THE HOUSE
    [HF3032 House author: Emmer; SF2647 Senate author: Kiscaden]

    Summary: Compromise bill brought forward by the MN Pharmacists’ Association. Current Board of Pharmacy rules do not allow for refusing to dispense a prescription, but there is no disciplinary action available if one does (as has happened twice in MN in the last 16 months). This legislation puts a prohibition into statute, but allows for a pharmacist to exercise a conscience clause of a legend of drugs. A pharmacy must have protocols in place to ensure timely access of the prescription to the patient. The pharmacy does not have to bear any undue hardship to accommodate the pharmacist’s request. In the case of an owner/operator pharmacy, other protocols within the community must be spelled out clearly to the Board with other arrangements made with a provider within the community.

    Final Status: Received Second readings in both House and Senate, no action beyond that.

  • Putting Prevention First Act of 2006 - REMOVED FROM FINAL BILL
    [HF3301 House author: Huntley; SF2957 Senate author: Lourey]

    Summary: Removal of statutory language that reduced the base funding amount to the Family Planning Special Projects grants program. This funding was reduced by nearly $4 million at the end of the 2005 Special Session. This legislation would have allowed the 2007 budget to begin with the original funding amounts.

    Final Status: Included in the Supplemental Finance bill, but stripped out with HHS section on Senate floor, added back into budget with Senate’s first and second offer in conference committee (HF4162/SF3781), stripped out again by Senator Brian LeClair of Woodbury on Saturday, May 20.

  • Fetal Anomolies Modification to the Women’s Right to Know - PASSED
    [HF3988 House author: Dean; SF3515 Senate author: Michel (Kiscaden)]

    Summary: An OB/GYN physician from Edina brought forward this provision that removes some of the Women’s Right to Know requirements when a physician is talking to a woman facing a termination due to fetal anomaly incompatible with life.

    Final Status: Passed House with no amendments on 5/17. Added as an amendment to SF367 (Kiscaden) on the House floor on Sunday, May 21 at approximately 4:00 am with no additional amendments, concurrence shortly after with the Senate. Presented to the Governor on Monday, May 22.

Minnesota State Policy Issues Archive :
200720062005

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