(a) If the commissioner finds that a physician or facility has failed to submit the required form under section 145.4131 within 60 days following the due date, the commissioner shall notify the physician or facility that the form is late. A physician or facility who fails to submit the required form under section 145.4131 within 30 days following notification from the commissioner that a report is late is subject to a late fee of $500 for each 30-day period, or portion thereof, that the form is overdue. If a physician or facility required to report under this section does not submit a report, or submits only an incomplete report, more than one year following the due date, the commissioner may take action to fine the physician or facility or may bring an action to require that the physician or facility be directed by a court of competent jurisdiction to submit a complete report within a period stated by court order or be subject to sanctions for civil contempt. Notwithstanding section 13.39 to the contrary, action taken by the commissioner to enforce the provision of this section shall be treated as private if the data related to this action, alone or in combination, may constitute information from which an individual having performed or having had an abortion may be identified using epidemiologic principles.
(b) If the commissioner fails to issue the public report required under section 145.4134 or fails in any way to enforce this section, a group of 100 or more citizens of the state may seek an injunction in a court of competent jurisdiction against the commissioner requiring that a complete report be issued within a period stated by court order or requiring that enforcement action be taken.
(c) A physician or facility reporting in good faith and exercising due care shall have immunity from civil, criminal, or administrative liability that might otherwise result from reporting. A physician who knowingly or recklessly submits a false report under this section is guilty of a misdemeanor.
(d) The commissioner may take reasonable steps to ensure compliance with sections 145.4131 to 145.4133 and to verify data provided, including but not limited to, inspection of places where abortions are performed in accordance with chapter 14.
(e) The commissioner shall develop recommendations on appropriate penalties and methods of enforcement for physicians or facilities who fail to submit the report required under section 145.4132, submit an incomplete report, or submit a late report. The commissioner shall also assess the effectiveness of the enforcement methods and penalties provided in paragraph (a) and shall recommend appropriate changes, if any. These recommendations shall be reported to the chairs of the senate Health and Family Security Committee and the house of representatives Health and Human Services Committee by November 15, 1998.
1998 c 407 art 10 s 6
Structure Minnesota Statutes
Chapter 145 — Public Health Provisions
Section 145.075 — Injunctive Relief Brought By Commissioner.
Section 145.131 — Findings And Purpose.
Section 145.135 — Uniform Determination Of Death Act.
Section 145.161 — Dissection; When Permitted.
Section 145.1621 — Disposition Of Aborted Or Miscarried Fetuses.
Section 145.1622 — Policy For Notification Of Disposition Options.
Section 145.267 — Fetal Alcohol Spectrum Disorders Prevention Grants.
Section 145.30 — Superintendent Of Hospitals To Transfer Records.
Section 145.31 — Copies To Be Used As Evidence.
Section 145.32 — Old Records May Be Destroyed.
Section 145.33 — Construction.
Section 145.36 — Exposing Person With Contagious Disease.
Section 145.365 — Trafficking In Skunks.
Section 145.37 — Manufacture Of Certain Products Which May Be Injurious.
Section 145.41 — Blood Donations, Age Of Donor.
Section 145.411 — Regulation Of Abortions; Definitions.
Section 145.412 — Criminal Acts.
Section 145.413 — Recording And Reporting Health Data.
Section 145.4131 — Recording And Reporting Abortion Data.
Section 145.4132 — Recording And Reporting Abortion Complication Data.
Section 145.4133 — Reporting Out-of-state Abortions.
Section 145.4134 — Commissioner's Public Report.
Section 145.4135 — Enforcement; Penalties.
Section 145.4136 — Severability.
Section 145.414 — Abortion Not Mandatory.
Section 145.415 — Live Fetus After Abortion, Treatment.
Section 145.416 — Licensing And Regulation Of Facilities.
Section 145.42 — Abortions; Nonliability For Refusal To Perform.
Section 145.421 — Human Conceptus, Living; Definitions.
Section 145.422 — Experimentation, Research Or Sale.
Section 145.423 — Abortion; Live Births.
Section 145.4235 — Positive Abortion Alternatives.
Section 145.424 — Prohibition Of Tort Actions.
Section 145.4241 — Definitions.
Section 145.4242 — Informed Consent.
Section 145.4243 — Printed Information.
Section 145.4244 — Internet Website.
Section 145.4245 — Procedure In Case Of Medical Emergency.
Section 145.4246 — Reporting Requirements.
Section 145.4248 — Severability.
Section 145.4249 — Supreme Court Jurisdiction.
Section 145.425 — Pay Toilets In Public Places; Prohibitions; Penalty.
Section 145.471 — Prenatal Trisomy Diagnosis Awareness Act.
Section 145.4711 — Definitions.
Section 145.4712 — Emergency Care To Sexual Assault Victims.
Section 145.4713 — Complaints.
Section 145.4715 — Reporting Prevalence Of Sexual Violence.
Section 145.4716 — Safe Harbor For Sexually Exploited Youth.
Section 145.4717 — Regional Navigator Grants.
Section 145.4718 — Program Evaluation.
Section 145.56 — Suicide Prevention.
Section 145.62 — Providing Information To Review Organization; Immunity.
Section 145.63 — Review Organization; Advisory Capacity; Immunity.
Section 145.64 — Confidentiality Of Records Of Review Organization.
Section 145.65 — Guidelines Not Admissible In Evidence.
Section 145.66 — Penalty For Violation.
Section 145.67 — Protection Of Patient.
Section 145.671 — Pediatric Vaccine Administration.
Section 145.672 — Healthy Children Through Immunization.
Section 145.682 — Certification Of Expert Review; Affidavit.
Section 145.698 — Confinement Of Drug Dependent Person.
Section 145.711 — Definitions.
Section 145.712 — Requirements For Contact Lenses Prescriptions.
Section 145.713 — Optometrist And Physician Practices.
Section 145.7131 — Exception To Eyeglass Prescription Expiration.
Section 145.714 — Enforcement.
Section 145.851 — Definitions.
Section 145.852 — Identifying Devices For Persons Having Certain Conditions.
Section 145.853 — Duty Of Law Enforcement Officer.
Section 145.854 — Duty Of Medical Practitioners.
Section 145.855 — Duty Of Others.
Section 145.856 — Falsifying Identification Or Misrepresenting Condition; Penalty.
Section 145.857 — Other Duties.
Section 145.867 — Persons Requiring Special Diets.
Section 145.87 — Home Visiting For Pregnant Women And Families With Young Children.
Section 145.8811 — Maternal And Child Health Advisory Task Force.
Section 145.882 — Maternal And Child Health Block Grant Distribution.
Section 145.8821 — Accountability.
Section 145.883 — Definitions.
Section 145.892 — Definitions.
Section 145.893 — Nutritional Supplement Program.
Section 145.894 — State Commissioner Of Health; Duties, Responsibilities.
Section 145.895 — Department Of Human Services.
Section 145.896 — Program Not A Substitute Or Replacement.
Section 145.897 — Food Benefits.
Section 145.898 — Sudden Infant Death.
Section 145.899 — Wic Food Benefits For Organics.
Section 145.901 — Maternal Death Studies.
Section 145.902 — Give Life A Chance; Safe Place For Newborns Duties; Immunity.
Section 145.905 — Location For Breastfeeding.
Section 145.906 — Postpartum Depression Education And Information.
Section 145.907 — Maternal Depression; Definition.
Section 145.924 — Aids Prevention Grants.
Section 145.925 — Family Planning Grants.
Section 145.9255 — Minnesota Education Now And Babies Later; Health.
Section 145.9261 — Abstinence Education Grant Program.
Section 145.9265 — Fetal Alcohol Syndrome Effects; Drug-exposed Infant.
Section 145.9266 — Fetal Alcohol Syndrome Campaign And Education.
Section 145.9268 — Community Clinic Grants.
Section 145.9269 — Federally Qualified Health Centers.
Section 145.928 — Eliminating Health Disparities.
Section 145.929 — Health Care Grants For The Uninsured.
Section 145.93 — Minnesota Poison Information Centers; Establishment.
Section 145.94 — Exposure To Hazardous Substance.
Section 145.945 — Certain Sales Of Cleaning Products Prohibited.
Section 145.951 — Implementation Plan; Statewide Program For Families.
Section 145.952 — Definitions.
Section 145.953 — Program Structure.
Section 145.954 — Standards For Program.
Section 145.955 — Duties Of Local Organization.
Section 145.956 — Training And Recruitment Of Volunteers.
Section 145.957 — Eligibility.
Section 145.958 — Youth Violence Prevention.