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Minnesota

Refusal to Provide Medical Services

ABORTION REFUSAL CLAUSE

Minnesota allows certain individuals or entities to refuse to provide abortion services.

To whom does the refusal clause apply?  Individuals, hospitals, or institutions.

What does the refusal clause allow?  No person, hospital, or institution may be coerced, held liable, or discriminated against in any way because of a refusal to provide, accommodate, or assist in abortion services for any reason.  No physician, nurse, or other person who refuses to provide or assist in abortion care may be dismissed, suspended, demoted, or otherwise prejudiced by a hospital with which the person is affiliated or employed.  No health-plan company or health-care cooperative may be required to provide abortion services or coverage.

Does the law require the refusing entity to notify the persons affected?  No.

Are there circumstances under which a refusal clause may not be exercised?  No.

Does the law require the refusing individual or entity to provide medically and factually accurate information or provide a referral for abortion services?  No.

Does the law provide a mechanism for women to otherwise obtain specific reproductive-health services, information, or referrals if an individual and/or entity exercises a refusal clause?  No.

Has a court considered the constitutionality of this law?  A court held that the provision regarding hospitals and institutions is unconstitutional as applied to public hospitals and institutions.  Hodgson v. Lawson, 542 F.2d 1350 (8th Cir. 1976).

Minn. Stat. Ann. §§ 145.414 (Enacted 1974; Last Amended 1995), .42 (Enacted 1971; Last Amended 1986).

FAMILY-PLANNING REFUSAL CLAUSE

Minnesota allows certain individuals or entities to refuse to provide family-planning services.

To whom does the refusal clause apply?  State employees.

What does the refusal clause allow?  No state employee may be required to provide family-planning services if such duty is contrary to personal beliefs.  The refusal to provide such services may not be the basis for employment discrimination.  When an employee refuses to provide family-planning services, the director or supervisor of the state agency must reassign that employee's duties.

Does the law require the refusing individual or entity to notify the persons affected?  No.

Are there circumstances under which a refusal clause may not be exercised?  No.

Does the law require the refusing individual or entity to provide medically and factually accurate information or provide a referral for family-planning services?  No.

Does the law provide a mechanism for women to otherwise obtain specific reproductive-health services, information, or referrals if an individual and/or entity exercises a refusal clause?  No.  However, the director or supervisor of the state agency is authorized to reassign the duties of the employee in order to provide family-planning services effectively.

Minn. Stat. Ann. § 145.925 (Enacted 1978).


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