Subdivision 1. General. (a) For purposes of this section, a "safe place" means a hospital licensed under sections 144.50 to 144.56, a health care provider who provides urgent care medical services, or an ambulance service licensed under chapter 144E dispatched in response to a 911 call from a mother or a person with the mother's permission to relinquish a newborn infant.
(b) A safe place shall receive a newborn left with an employee on the premises of the safe place during its hours of operation, provided that:
(1) the newborn was born within seven days of being left at the safe place, as determined within a reasonable degree of medical certainty; and
(2) the newborn is left in an unharmed condition.
(c) The safe place must not inquire as to the identity of the mother or the person leaving the newborn or call the police, provided the newborn is unharmed when presented to the hospital. The safe place may ask the mother or the person leaving the newborn about the medical history of the mother or newborn but the mother or the person leaving the newborn is not required to provide any information. The safe place may provide the mother or the person leaving the newborn with information about how to contact relevant social service agencies.
(d) A safe place that is a health care provider who provides urgent care medical services shall dial 911, advise the dispatcher that the call is being made from a safe place for newborns, and ask the dispatcher to send an ambulance or take other appropriate action to transport the newborn to a hospital. An ambulance with whom a newborn is left shall transport the newborn to a hospital for care. Hospitals must receive a newborn left with a safe place and make the report as required in subdivision 2.
Subd. 2. Reporting. Within 24 hours of receiving a newborn under this section, the hospital must inform the responsible social service agency that a newborn has been left at the hospital, but must not do so in the presence of the mother or the person leaving the newborn. The hospital must provide necessary care to the newborn pending assumption of legal responsibility by the responsible social service agency pursuant to section 260C.139, subdivision 5.
Subd. 3. Immunity. (a) A safe place with responsibility for performing duties under this section, and any employee, doctor, ambulance personnel, or other medical professional working at the safe place, are immune from any criminal liability that otherwise might result from their actions, if they are acting in good faith in receiving a newborn, and are immune from any civil liability that otherwise might result from merely receiving a newborn.
(b) A safe place performing duties under this section, or an employee, doctor, ambulance personnel, or other medical professional working at the safe place who is a mandated reporter under chapter 260E, is immune from any criminal or civil liability that otherwise might result from the failure to make a report under that section if the person is acting in good faith in complying with this section.
2000 c 421 s 1; 2012 c 216 art 2 s 1; art 6 s 13; 1Sp2020 c 2 art 8 s 29
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.