HF5064

Purpose

• The bill aims to prevent coercion of pregnant minors to have abortions, require screening for coercion and trafficking risks, improve information and protections for minors, and create new penalties and civil remedies for noncompliance. It also adds training requirements for staff at abortion facilities and sets up rulemaking and signage to inform patients of their rights.

Key terms and who is affected

• Affects pregnant minor females (under 18) who are seeking or being offered abortions.
• Focuses on abortion facilities, abortion-inducing drugs, and providers who perform abortions.
• Includes protections related to human trafficking of minors and reporting to authorities.

Main provisions (what the bill would do)

• Prohibition against coercing a pregnant minor to seek or obtain an abortion
  • Coercion is defined broadly to include physical force, threats, blackmail, exploiting vulnerability, and other forms of domination or control.
  • It would be a felony to force a pregnant minor to have an abortion.
  • It would be a gross misdemeanor in certain assault or coercion scenarios related to abortion.
• Age verification and informed consent
  • Abortion providers must verify age with government or school-issued photo ID (not required if the minor is 30 or older).
  • Providers must inform the minor that no one can force her to have an abortion and that a freely given, voluntary, and informed consent is required.
  • A written certification must be placed in the minor’s file confirming she was informed.
• Sign posting and notices
  • Private abortion offices and clinics must display an 11-by-17 inch sign in waiting rooms and consultation rooms with language about prohibiting coercion and the patient’s right to consent freely.
  • Hospitals and other non-private facilities must also post a similar notice.
  • Telemedicine settings must convey the same information in spoken language and provide online access to the sign.
• Screening for coercion
  • If a minor schedules an abortion, providers must screen to determine whether coercion is occurring and ensure privacy during screening.
  • If coercion is suspected, providers must connect the minor to private access to a phone, provide information about safe transportation and services, inform the minor’s parent or guardian, and contact county child protective services.
  • If a provider believes coercion is occurring, they must inform law enforcement and the minor’s parent/guardian and contact child protective services.
• Training on trafficking and coercion
  • Staff at facilities performing many abortions must complete training to identify and assist victims of human trafficking.
  • The training uses the Department of Health’s standardized course on Serving Survivors of Human Trafficking in Health Care.
  • Implementation rules must be adopted by the health and human services agencies.
  • A phase-in is provided for staff hired before a certain date.
• Health care provider assessment during counseling
  • During the initial consultation before an abortion, providers must assess the minor’s circumstances to determine if coercion or pressure is present.
  • They must consider age disparities between the minor and the father of the unborn child and other risk factors to adverse outcomes after abortion.
• Civil actions and remedies
  • Individuals (the minor or her parent/guardian) can sue for damages if a facility or provider fails to comply with the new requirements.
  • The bill creates presumptions in civil cases about informed consent and the likelihood that the minor would have declined the abortion if properly informed.
  • Attorneys’ fees may be awarded to the prevailing party, and there are provisions about frivolous claims.
• Wrongful death and related protections
  • The minor and her parents may have a cause of action for wrongful death of the unborn child against the person who coerced the abortion.
• Penalties and enforcement
  • Administrative fines of up to $10,000 per violation, with each violation treated separately.
  • Noncompliance with sign posting, notification, or screening requirements can trigger penalties and potential civil actions.
  • Some liability is limited unless the health department has made the required information or materials available.
• Rulemaking and timing
  • The Commissioner of Health must adopt implementing rules by December 1, 2027.
  • The bill creates a framework for ongoing rulemaking and implementation across multiple sections of state health law.

How this changes existing law

• Adds a new set of statutes to Minnesota Statutes Chapter 145 (Sections 145.4111 through 145.4117) focused on coercion of pregnant minors, screening for coercion, and trafficking awareness.
• Establishes new penalties, civil remedies, and default presumptions related to consent and coercion.
• Requires health departments to provide standardized training and materials about trafficking in health care settings.
• Establishes mandatory signage and patient information requirements in abortion facilities and telemedicine contexts.

Enforcement and implementation

• Violations can lead to felony or gross misdemeanor charges, administrative fines, and civil lawsuits.
• The Department of Health is responsible for providing the required signage and materials and for implementing rulemaking by 2027.
• Counties and law enforcement may be involved in responding to suspected coercion and trafficking situations.

Significant changes to existing law

• Introduces explicit criminal penalties for coercing a pregnant minor to seek or obtain an abortion.
• Requires systematic screening for coercion and trafficking risk in abortion-related care.
• Creates civil liability and wrongful death remedies tied to failure to comply with new protections.
• Mandates training for staff at abortion facilities on recognizing and assisting trafficking victims.
• Adds formal signage and informed consent verification processes to protect minors.

Relevant terms - coercion - pregnant minor - abortion - abortion-inducing drug - abortion facility - coerce - consent - informed consent - sign posting / notices - Notice It is against the law for anyone… to force you to have an abortion - private office / freestanding outpatient clinic - hospital - trafficking of minors / human trafficking - safety transportation and services - county child protective services - law enforcement - wrongful death of unborn child - civil action / damages - attorney fees - administrative fine - Serving Survivors of Human Trafficking in Health Care - Department of Health - rulemaking - Minnesota Statutes Chapter 145 - screening - initial consultation - age disparity (father of unborn child) - coercive pressure - health care provider assessment - coercion presumption in civil cases - frivolous or bad-faith litigation