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	<title>Comments on: Four bills aim to restrict Minnesotans&#8217; access to abortion</title>
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	<link>http://minnesotaindependent.com/27431/four-bills-aim-to-restrict-minnesotans-access-to-abortion</link>
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		<title>By: Ron Thiessen</title>
		<link>http://minnesotaindependent.com/27431/four-bills-aim-to-restrict-minnesotans-access-to-abortion/comment-page-1#comment-26013</link>
		<dc:creator>Ron Thiessen</dc:creator>
		<pubDate>Sat, 28 Feb 2009 06:16:45 +0000</pubDate>
		<guid isPermaLink="false">http://minnesotaindependent.com/?p=27431#comment-26013</guid>
		<description>Re: HF 290

If this bill has a legitimate purpose, what is it?

Is this bill consistent with HIPPA law?

Would the needs of the patient be served by the retention of these records?

We already have laws on the books that require the retention of records for certain periods.  There are reasons for these laws.  Would this law be consistent with those laws?  If so, why?  If not, why not?

Is the crafting of narrow laws aimed at limiting the rights of a targeted population legal?

Can a legislator legally propose a bill which has no other apparent purpose than harassment?

Perhaps I am missing the whole point of the law but it appears that it is a deliberate attempt to bully or harass individuals engaging in lawful activities by citizens who also happen to be elected officials.  Does their position make them immune from the law themselves?
  
This is the text of the bill.  _______________________________________________________________________

H.F. No. 290,  as introduced - 86th Legislative Session (2009-2010)   Posted on Jan 26, 2009 


1.1A bill for an act

1.2relating to abortions; regulating retention and composition of medical records;
1.3proposing coding for new law in Minnesota Statutes, chapter 145.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.5    Section 1. [145.4161] ABORTION; MEDICAL RECORDS.
1.6    Subdivision 1. Retention. (a) An abortion facility shall retain all medical records, 
1.7reports, or other documents related to each patient on whom an abortion was performed in 
1.8the files of the facility for a period of 15 years.
1.9(b) The facility shall inform the patient that all medical records, reports, and other 
1.10documents related to the abortion will be retained at the facility for 15 years and available 
1.11to the patient. The facility shall have the patient sign an acknowledgment that she has 
1.12received this information.
1.13    Subd. 2. Records. The medical record of each patient on whom an abortion was 
1.14performed shall contain:
1.15(1) identification data which includes the patient&#039;s name, address, and date of birth;
1.16(2) medical history;
1.17(3) a physical examination report;
1.18(4) a copy of the ultrasound;
1.19(5) a report of the abortion procedure, including the anesthetic agent administered, 
1.20the technical procedure used, and any complications that occurred as a result of the 
1.21procedure;
1.22(6) procedures used to remedy complications, if complications occurred;
1.23(7) the approximate gestational age of the unborn child or children;
1.24(8) the sex of the unborn child or children;
2.1(9) the number of births terminated as a result of the abortion procedure; 
2.2(10) a completed copy of the report of induced abortion that is submitted to the 
2.3Department of Health; and
2.4(11) a copy of the acknowledgment from the patient that the patient is aware the 
2.5medical records will be retained by the facility for 15 years from the date of the abortion.
_____________________________________________________________________

If a legislator believes an act should be illegal, then that legislator should have the right to propose legislation to ban it.

If an act is legal, then a legislator should not have the right to propose laws that are targeted specifically at harrassing those who abide by it.  

I want to know what the legitimate purpose of this law is.</description>
		<content:encoded><![CDATA[<p>Re: HF 290</p>
<p>If this bill has a legitimate purpose, what is it?</p>
<p>Is this bill consistent with HIPPA law?</p>
<p>Would the needs of the patient be served by the retention of these records?</p>
<p>We already have laws on the books that require the retention of records for certain periods.  There are reasons for these laws.  Would this law be consistent with those laws?  If so, why?  If not, why not?</p>
<p>Is the crafting of narrow laws aimed at limiting the rights of a targeted population legal?</p>
<p>Can a legislator legally propose a bill which has no other apparent purpose than harassment?</p>
<p>Perhaps I am missing the whole point of the law but it appears that it is a deliberate attempt to bully or harass individuals engaging in lawful activities by citizens who also happen to be elected officials.  Does their position make them immune from the law themselves?</p>
<p>This is the text of the bill.  _______________________________________________________________________</p>
<p>H.F. No. 290,  as introduced &#8211; 86th Legislative Session (2009-2010)   Posted on Jan 26, 2009 </p>
<p>1.1A bill for an act</p>
<p>1.2relating to abortions; regulating retention and composition of medical records;<br />
1.3proposing coding for new law in Minnesota Statutes, chapter 145.<br />
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:</p>
<p>1.5    Section 1. [145.4161] ABORTION; MEDICAL RECORDS.<br />
1.6    Subdivision 1. Retention. (a) An abortion facility shall retain all medical records,<br />
1.7reports, or other documents related to each patient on whom an abortion was performed in<br />
1.8the files of the facility for a period of 15 years.<br />
1.9(b) The facility shall inform the patient that all medical records, reports, and other<br />
1.10documents related to the abortion will be retained at the facility for 15 years and available<br />
1.11to the patient. The facility shall have the patient sign an acknowledgment that she has<br />
1.12received this information.<br />
1.13    Subd. 2. Records. The medical record of each patient on whom an abortion was<br />
1.14performed shall contain:<br />
1.15(1) identification data which includes the patient&#8217;s name, address, and date of birth;<br />
1.16(2) medical history;<br />
1.17(3) a physical examination report;<br />
1.18(4) a copy of the ultrasound;<br />
1.19(5) a report of the abortion procedure, including the anesthetic agent administered,<br />
1.20the technical procedure used, and any complications that occurred as a result of the<br />
1.21procedure;<br />
1.22(6) procedures used to remedy complications, if complications occurred;<br />
1.23(7) the approximate gestational age of the unborn child or children;<br />
1.24(8) the sex of the unborn child or children;<br />
2.1(9) the number of births terminated as a result of the abortion procedure;<br />
2.2(10) a completed copy of the report of induced abortion that is submitted to the<br />
2.3Department of Health; and<br />
2.4(11) a copy of the acknowledgment from the patient that the patient is aware the<br />
2.5medical records will be retained by the facility for 15 years from the date of the abortion.<br />
_____________________________________________________________________</p>
<p>If a legislator believes an act should be illegal, then that legislator should have the right to propose legislation to ban it.</p>
<p>If an act is legal, then a legislator should not have the right to propose laws that are targeted specifically at harrassing those who abide by it.  </p>
<p>I want to know what the legitimate purpose of this law is.</p>
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		<title>By: Alice P.</title>
		<link>http://minnesotaindependent.com/27431/four-bills-aim-to-restrict-minnesotans-access-to-abortion/comment-page-1#comment-25947</link>
		<dc:creator>Alice P.</dc:creator>
		<pubDate>Fri, 27 Feb 2009 22:25:28 +0000</pubDate>
		<guid isPermaLink="false">http://minnesotaindependent.com/?p=27431#comment-25947</guid>
		<description>darkmark, you&#039;re right on the mark, thank you. And shame on the 2 DFLer&#039;s who consistantly cross over to take away Women&#039;s rights, where&#039;s the party leadership?</description>
		<content:encoded><![CDATA[<p>darkmark, you&#8217;re right on the mark, thank you. And shame on the 2 DFLer&#8217;s who consistantly cross over to take away Women&#8217;s rights, where&#8217;s the party leadership?</p>
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		<title>By: rainman</title>
		<link>http://minnesotaindependent.com/27431/four-bills-aim-to-restrict-minnesotans-access-to-abortion/comment-page-1#comment-25802</link>
		<dc:creator>rainman</dc:creator>
		<pubDate>Thu, 26 Feb 2009 16:13:21 +0000</pubDate>
		<guid isPermaLink="false">http://minnesotaindependent.com/?p=27431#comment-25802</guid>
		<description>This is not the type of legislation I want from my Representative..how about core functions of government like education, health care for all, transportation, etc.?</description>
		<content:encoded><![CDATA[<p>This is not the type of legislation I want from my Representative..how about core functions of government like education, health care for all, transportation, etc.?</p>
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		<title>By: darkmark</title>
		<link>http://minnesotaindependent.com/27431/four-bills-aim-to-restrict-minnesotans-access-to-abortion/comment-page-1#comment-25738</link>
		<dc:creator>darkmark</dc:creator>
		<pubDate>Wed, 25 Feb 2009 21:11:44 +0000</pubDate>
		<guid isPermaLink="false">http://minnesotaindependent.com/?p=27431#comment-25738</guid>
		<description>where do we hear women&#039;s rights in  any of these bills?  but the attack is on the right s of women.  the idea that women have rights is put in question by never including the relationship of abortion rights as a basic women&#039;s right to decide about her own body.</description>
		<content:encoded><![CDATA[<p>where do we hear women&#8217;s rights in  any of these bills?  but the attack is on the right s of women.  the idea that women have rights is put in question by never including the relationship of abortion rights as a basic women&#8217;s right to decide about her own body.</p>
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