Know your rights to abortion and reproductive healthcare in Minnesota

In its 1995 decision in Doe v. Gomez, the Minnesota Supreme Court found that the Minnesota Constitution guarantees the right of every Minnesotan to terminate a pregnancy. The Court explicitly found that the Minnesota Constitution offers broader protection than the United States Constitution of a person’s fundamental right to make reproductive healthcare choices without state interference. This remains the case despite the U.S. Supreme Court's June 2022 decision in Dobbs v. Jackson Women's Health Organization. Minnesotans' rights continue to be protected.

There are multiple federal lawsuits regarding the regulation of mifepristone, one of two drugs used for medication abortions. Mifepristone remains an approved drug for abortion. You can still access mifepristone in Minnesota and throughout the United States. If you are denied access to mifepristone by a provider or pharmacy in Minnesota, please email us at abortion@ag.state.mn.us.

Attorney General Ellison's office continues to issue guidance to Minnesotans about their rights to the reproductive healthcare of their choice, including abortion.

Minnesota Abortion Regulation After the 2023 Legislative Session

This FAQ is intended to give a high-level summary of key abortion legislation passed in 2023 in Minnesota, as well as current guidance for patients and providers.

In the 2023 legislative session, many of Minnesota’s abortion statutes and regulations changed. Most of these changes were included in three significant reproductive health care-related bills. All changes are in effect as of April 28, 2023:

Section 145.409 of the Minnesota Statutes, also known as the “Protect Reproductive Options Act” or PRO Act, codifies an individual’s right to control their own reproductive health. It also plainly states that the Minnesota Constitution protects the “fundamental right to reproductive freedom.” Finally, the statute prohibits local units of government from imposing any additional restrictions on access to reproductive health services.
The Health and Human Services Omnibus Bill repeals Minnesota laws that: required patients seeking abortions to wait 24-hours after receiving a statutory informed-consent process; required extensive reporting of abortions by providers; and criminalized abortions under specific circumstances.
While the PRO Act and Health and Human Services Omnibus Bill codify patients’ rights to reproductive health within Minnesota, the Reproductive Freedom Defense Act protects providers and patients alike from civil and criminal penalties imposed by states other than Minnesota.

Each of these bills and their most important practical effects on both patients and providers are discussed below.

Guidance for patients seeking reproductive healthcare services

Minnesota’s Standard: Minnesota statute guarantees Minnesotans’ right to make decisions regarding their reproductive health care free from interference by the state. This includes the right to terminate a pregnancy. A patient’s decision about whether and when to terminate a pregnancy is between the patient and their provider. (Minn. Stat. § 145.409, subd. 3.)
Public Assistance: Public assistance is available for qualifying patients to cover or partially cover the cost of reproductive health care services, including abortion. Low-income patients that qualify for programs such as Medicaid and Minnesota Care may be eligible to receive publicly funded reproductive health services. The use of these funds is no longer limited to instances of rape or incest, or where the pregnant person’s health is in danger. (Minn. Stat. § 256B.0625, subd. 16; Minn. Stat. § 256L. 03, subd. 1.)

Civil and Criminal Liability: Civil and criminal subpoenas, judgments, and extradition requests against individuals who received reproductive health care within the State of Minnesota are generally not enforceable within Minnesota. (Minn. Stat. § 144.2935, subd. 2.)
Access: Minnesota law no longer requires that abortions be performed in a hospital, and facilities like birthing centers can now offer abortions. Additionally, Minnesota law no longer requires that reproductive health services be provided physically in a facility, and therefore, services can be provided via telehealth. Patients are no longer required to receive descriptions of the fetus, information on “fetal pain,” or a list of agencies offering alternatives to abortion services, or to wait 24 hours before receiving an abortion. The only pre-procedure requirements patients must follow are those of the health facility. (Health and Human Services Omnibus Bill.)

If you want to share concerns about abortion care in Minnesota, especially any ways in which the fundamental right to abortion is being infringed, please email us at abortion@ag.state.mn.us.

If you have questions about your legal rights to provide or support abortion care, or if you have been threatened with arrest, prosecution, or other legal action related to abortion, the Abortion Defense Network may be able to connect you with an attorney who can answer your questions.

If you have information or concerns about any health care facility that may be providing deceptive or inaccurate information, you can contact the Minnesota Attorney General at:

(651) 296-3353 (Metro Area)
(800) 657-3787 (Greater Minnesota)
(800) 627-3529 (Minnesota Relay)
www.ag.state.mn.us/office/Forms/ConsumerAssistanceRequest.asp

Guidance for providers of reproductive health care services

Minnesota’s Standard: Minnesota statute guarantees Minnesotans’ right to make decisions regarding their reproductive health care free from interference by the state. This includes the right to terminate a pregnancy. A patient’s decision about whether and when to terminate a pregnancy is between the patient and their provider. (Minn. Stat. § 145.409, subd. 3.)
Required Policies: Providers are no longer required to provide descriptions of the fetus, information on “fetal pain,” or a list of agencies offering alternatives to abortion services, or to wait 24 hours before providing an abortion. Every Minnesotan retains the fundamental right to make autonomous decisions about their reproductive health, and facilities must ensure that they provide the highest standard of care when they provide reproductive health care services. (Health and Human Services Omnibus Bill.)
Repealed Limitations: As of May 24, 2023, Minnesota law no longer requires that abortions be performed in a hospital, and facilities like birthing centers can now offer abortions. Additionally, Minnesota law no longer requires that reproductive health services be provided physically in a facility, and therefore, services can be provided via telehealth. Finally, Minnesota law no longer requires that abortions be performed by a physician. Nurse practitioners can now provide reproductive health care services in-person or via telehealth, so long as they are acting within the scope of their licenses and complying with all medication requirements. (Health and Human Services Omnibus Bill.)
Parental Notification: The statute requiring parental notification by providers who counsel an unemancipated minor on abortion services or who provide abortion services to an unemancipated minor has been enjoined by a Minnesota judge and is currently unenforceable. (Doe v. State, Case No. 62-CV-19-3868, 2022 WL 2662998 (Minn. Dist. Ct. July 11, 2022).)
Grant Program: The Minnesota Department of Health will create an application for the Sexual and Reproductive Health Services Grant program. The grant will fund services including:
- Reproductive health education and outreach,
- Contraceptive counseling,
- STI screening, and
- Referral and follow-up with patients for medical, financial, and mental health services.

Applicants that previously received funding under this grant, formerly known as “Family Planning Grants,” will not receive priority. Additionally, this funding can be applied towards new or existing reproductive health programs. In awarding these grants, consideration will be given to geographic region and facilities’ needs in increasing access to reproductive health services, programs that promote inclusivity, culturally and linguistically-aware care, trauma-informed care, programs that protect the dignity of the individual, and programs that ensure equitable, quality service. (Minn. Stat. § 145.925.)

Protections for Health Licenses: The Minnesota Board of Medical Practice, Minnesota Board of Nursing, and Minnesota Board of Pharmacy cannot refuse to grant a license or impose disciplinary action against physicians, physician’s assistants, nurses, or pharmacists who provided or assisted in the provision of reproductive health care services in a manner that is legal in Minnesota and within their scope of practice. (Minn. Stat.
§ 144.2935.)
Preventing Civil and Criminal Liability: Civil and criminal subpoenas, judgments, and extradition requests issued outside of Minnesota against individuals who performed reproductive health care services within the State are generally not enforceable in Minnesota. Records can be released for judicial use only if the patient consents, the patient’s representative authorizes the release, or if the provider’s representative has the patient’s consent. (Minn. Stat. §§ 548.252, 604.415, 629.02, 629.05.)
Reporting Requirements: Minnesota law now requires providers to make more limited reports regarding the provision of reproductive health care services. The new, abbreviated reproductive health-related reporting requirements include:
- The number of abortions performed by each physician in the previous calendar year,
- The physician’s medical specialty,
- Whether the abortion was performed via telehealth or in a health care facility,
- The procedure used,
- The period of gestation of the fetus,
- The age of the patient, and
- Any complications.

(Minn. Stat. § 145.4131, subd. 1.)
The death of a fetus of 20 weeks or more gestation, not including abortions, is still required to be reported to the Commissioner from the Minnesota Department of Health. The annual reporting deadline changed from April 1 to September 30, and all abortions performed in the previous calendar year must now be reported by September 30. (Minn. Stat. § 145.4131, subd. 2.)

If you want to share concerns about abortion care in Minnesota, especially any ways in which the fundamental right to abortion is being infringed, please email us at abortion@ag.state.mn.us.

If you have information or concerns about any health care facility that may be providing deceptive or inaccurate information, you can contact the Minnesota Attorney General at:

(651) 296-3353 (Metro Area)
(800) 657-3787 (Greater Minnesota)
(800) 627-3529 (Minnesota Relay)
www.ag.state.mn.us/office/Forms/ConsumerAssistanceRequest.asp

Resources

If you want to share concerns about abortion care in Minnesota, especially any ways in which the fundamental right to abortion is being infringed, please email us at abortion@ag.state.mn.us.

Consumer Alert: Crisis Pregnancy Centers

If you are pregnant and seeking to learn about or discuss your healthcare options, you should consult with a licensed reproductive healthcare provider.

Many so-called Crisis Pregnancy Centers (CPCs) may pose as reproductive healthcare clinics despite not providing comprehensive reproductive healthcare to consumers. Indeed, some CPCs do not provide any healthcare services at all. CPCs are private organizations that attempt to prevent or dissuade pregnant people from accessing their constitutionally protected right under the Minnesota Constitution to a safe and legal abortion.

For example, a recent comprehensive study of the CPC industry found that in Minnesota:

CPCs outnumber abortion clinics by an 11:1 ratio and do not counsel or provide accurate information about available abortion services.
More than 90% of CPCs do not have a licensed physician on staff.
80% of CPCs do not have a registered nurse on staff.
Not a single CPC offers contraception.
More than 95% of CPCs do not provide prenatal or wellness care to pregnant consumers, and a majority do not even provide prenatal referrals.
Nearly half of CPCs provide a form of ultrasound—called a “non-diagnostic ultrasound”—that serves no medical purpose or benefit and may be performed by unlicensed and/or untrained persons. These “non-diagnostic” ultrasounds may give pregnant consumers confusing or inaccurate information about their fetus or a false sense of security about the health of their pregnancy, which may affect consumers’ decision-making.
29% of CPCs promote an “abortion pill reversal” practice that the American College of Obstetricians and Gynecologists has called “unethical” and “not based on science.”
CPCs may often make misleading and exaggerated claims about the health risks associated with obtaining an abortion.

Patients seeking information about their reproductive healthcare options, including abortion-related care, should do their homework before scheduling an appointment with a clinic, center, or provider:

Look at the clinic, center, or provider’s website and online reviews before making an appointment.
Ask whether the clinic or center employs licensed healthcare professionals and look up the status and disciplinary history of such professionals’ licenses. You may want to consider asking for proof of licensure.
Ask about the scope of the reproductive healthcare services the clinic, center, or provider provides, including whether they provide services or information about abortions, abortion referrals, prenatal care, prenatal referrals, or contraception.

When you arrive for your appointment, make sure you are in the right place. Many CPCs are located near clinics that provide abortion services and may intentionally use names that are similar to nearby medical clinics.

If you have information or concerns about any CPC that may be providing deceptive or inaccurate information, you should contact the Minnesota Attorney General at:

(651) 296-3353 (Metro Area)
(800) 657-3787 (Greater Minnesota)
(800) 627-3529 (Minnesota Relay)
www.ag.state.mn.us/office/Forms/ConsumerAssistanceRequest.asp