Summary of HF 5064 (Minnesota, 2025-2026)
Purpose and intent
- HF 5064 seeks to address coercion of pregnant minors in the context of abortion, strengthen screening and reporting related to suspected minor trafficking, increase transparency around abortion information, create a civil remedy for wrongful death and other damages, and require rulemaking to implement these changes.
- The measure adds new statutory provisions to Minnesota Statutes, chapter 145, and directs the Department of Health (and related agencies) to adopt implementing rules by late 2027.
Key provisions and changes
1) Prohibition on coercion of a pregnant minor to obtain an abortion (145.4111)
- Establishes that it is a felony to force or coerce a pregnant minor to seek or obtain an abortion.
- Defines “coerce” broadly, including physical force, threats, manipulation of employment or living conditions, blackmail, exploiting dependency, parental rights, threats of legal action, and various forms of exploitation (e.g., trafficking, exploitation of vulnerability, or coercion by a trafficker).
- Provides definitions for terms such as abortion, abortion facility, abortion-inducing drug, and minor (under 18).
2) Verbal notice and sign posting; remedies and civil liability (145.4111)
- Requires abortion providers or their agents to perform age verification for minors (with exceptions for those 30+; under-18 must be clearly informed that they cannot be forced to have an abortion and that consent must be voluntary).
- Minors must certify in writing that they were informed about their rights and the consent process; records must be kept for at least seven years or until two years after the minor turns 18, whichever is longer.
- Private offices and facilities performing abortions must post conspicuous notices in waiting rooms and consultation rooms informing patients that coercion to obtain an abortion is illegal and that legal protection is available; signage requirements include specific size and legibility standards, with similar signage for telemedicine settings.
- Administrative fines of $10,000 per violation (with each subsequent violation a separate violation) for failure to post signs.
- Allows civil actions by pregnant minors or their parents/guardians for wrongful death of the unborn child against those who coerced the abortion; broad damages provisions (emotional distress, actual and punitive damages) and attorney fees rules, subject to sign-material availability.
3) Screening for coercion and trafficking (145.4112)
- Requires providers to screen minor patients for coercion when scheduling abortions.
- If coercion is suspected or confirmed, providers must:
- Offer private access to a phone and information about transportation/services.
- Notify the minor’s parent or guardian.
- Contact county child protective services (CPS).
- If coercion is suspected by others (e.g., staff or others involved with the patient), providers must: inform law enforcement, notify the parent/guardian, and contact CPS.
- Violations trigger a $10,000 fine for facilities that fail to screen or notify as required.
- Creates a civil cause of action for wrongful death of the unborn child in cases of coercion.
4) Training requirements (145.4113)
- Applies to staff at facilities that perform more than 50 abortions in a 12-month period who have in-person or online contact with patients.
- Requires health and human services to adopt rules mandating training to identify and assist trafficking victims, using the Health Department’s Serving Survivors of Human Trafficking in Health Care program.
- Establishes an implementation timeline and phased compliance, with transitional provisions permitting delayed compliance for those hired before March 1, 2026.
5) Civil actions and presumptions (145.4114)
- Establishes presumptions relevant to informed consent and noncompliance with the new provisions, including rebuttable and nonrebuttable presumptions about whether the minor would have chosen differently if compliant.
- Addresses attorney fees and nullification of waivers of liability related to malpractice against noncompliance.
6) Intent to cause abortion; abuse of abortion drug (145.4115)
- Forcibly administering an abortion-inducing drug to a pregnant minor without knowledge or consent is a felony, with enhanced penalties if the unborn child is past 3 months gestation and the act increases the risk of death or serious bodily harm.
7) Rulemaking and severability
- Requires the Commissioner of Health to adopt implementing rules by December 1, 2027.
- Includes standard severability language.
Who would be affected
- Abortion providers, facilities (private offices, clinics, hospitals) and their staff.
- Pregnant minors and their parents/guardians.
- Law enforcement, county CPS, and health/human services agencies.
- Telemedicine abortion providers and referring physicians.
- The courts, through new civil causes of action and presumptions.
Timeline and implementation
- Training requirements reference phased timelines beginning with actions around December 2026 for new staff.
- Rulemaking mandated to complete by December 1, 2027.
Overall impact
- The bill expands criminal penalties for coercing a minor into abortion, broadens duties to screen for coercion and trafficking, mandates clear informational signage and documentation, creates civil liability for violations, and establishes training and rulemaking to implement these changes. It emphasizes protections for minors facing coercion or trafficking and strengthens reporting and intervention mechanisms through CPS and law enforcement.
