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Minnesota Legislature

Office of the Revisor of Statutes

HF 811

as introduced - 90th Legislature (2017 - 2018) Posted on 03/23/2017 04:33pm

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 02/06/2017

Current Version - as introduced

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A bill for an act
relating to health; requiring licensure of certain facilities that perform abortions;
requiring a licensing fee; appropriating money;proposing coding for new law in
Minnesota Statutes, chapter 145.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [145.417] LICENSURE OF CERTAIN FACILITIES THAT PERFORM
ABORTIONS.
new text end

new text begin Subdivision 1. new text end

new text begin License required for facilities that perform ten or more abortions
per month.
new text end

new text begin (a) A clinic, health center, or other facility in which the pregnancies of ten or
more women known to be pregnant are willfully terminated or aborted each month shall be
licensed by the commissioner of health and, notwithstanding Minnesota Rules, part
4675.0100, subparts 8 and 9, subject to the licensure requirements provided in Minnesota
Rules, chapter 4675. The commissioner shall not require a facility licensed as a hospital or
as an outpatient surgical center, pursuant to sections 144.50 to 144.56, to obtain a separate
license under this section, but may subject these facilities to inspections and investigations
as permitted under subdivision 2.
new text end

new text begin (b) The commissioner of health, the attorney general, an appropriate county attorney,
or a woman upon whom an abortion has been performed or attempted to be performed at
an unlicensed facility may seek an injunction in district court against the continued operation
of the facility. Proceedings for securing an injunction may be brought by the attorney general
or by the appropriate county attorney.
new text end

new text begin (c) Sanctions provided in this subdivision do not restrict other available sanctions.
new text end

new text begin Subd. 2. new text end

new text begin Inspections; no notice required. new text end

new text begin No more than two times per year, the
commissioner of health shall perform routine and comprehensive inspections and
investigations of facilities described under subdivision 1. Every clinic, health center, or
other facility described under subdivision 1, and any other premise proposed to be conducted
as a facility by an applicant for a license, shall be open at all reasonable times to inspection
authorized in writing by the commissioner of health. No notice need be given to any person
prior to any inspection.
new text end

new text begin Subd. 3. new text end

new text begin Licensure fee. new text end

new text begin (a) The annual license fee for facilities required to be licensed
under this section is $3,712.
new text end

new text begin (b) Fees shall be collected and deposited according to section 144.122.
new text end

new text begin Subd. 4. new text end

new text begin Suspension, revocation, and refusal to renew. new text end

new text begin The commissioner of health
may refuse to grant or renew, or may suspend or revoke a license on any of the following
grounds:
new text end

new text begin (1) violation of any of the provisions of this section or Minnesota Rules, chapter 4675;
new text end

new text begin (2) permitting, aiding, or abetting the commission of any illegal act in the facility;
new text end

new text begin (3) conduct or practices detrimental to the welfare of the patient;
new text end

new text begin (4) obtaining or attempting to obtain a license by fraud or misrepresentation; or
new text end

new text begin (5) if there is a pattern of conduct that involves one or more physicians in the facility
who have a financial or economic interest in the facility, as defined in section 144.6521,
subdivision 3, and who have not provided notice and disclosure of the financial or economic
interest as required by section 144.6521.
new text end

new text begin Subd. 5. new text end

new text begin Hearing. new text end

new text begin Prior to any suspension, revocation, or refusal to renew a license, the
licensee shall be entitled to notice and a hearing as provided by sections 14.57 to 14.69. At
each hearing, the commissioner of health shall have the burden of establishing that a violation
described in subdivision 4 has occurred. If a license is revoked, suspended, or not renewed,
a new application for license may be considered by the commissioner if the conditions upon
which revocation, suspension, or refusal to renew was based have been corrected and
evidence of this fact has been satisfactorily furnished. A new license may be granted after
proper inspection has been made and all provisions of this section and Minnesota Rules,
chapter 4675, have been complied with and a recommendation for licensure has been made
by the commissioner or by an inspector as an agent of the commissioner.
new text end

new text begin Subd. 6. new text end

new text begin Severability. new text end

new text begin If any one or more provision, section, subdivision, sentence,
clause, phrase, or word of this section or the application of it to any person or circumstance
is found to be unconstitutional, it is declared to be severable and the balance of this section
shall remain effective notwithstanding such unconstitutionality. The legislature intends that
it would have passed this section, and each provision, section, subdivision, sentence, clause,
phrase, or word, regardless of the fact that any one provision, section, subdivision, sentence,
clause, phrase, or word is declared unconstitutional.
new text end

Sec. 2. new text beginAPPROPRIATION.
new text end

new text begin $32,000 is appropriated in fiscal year 2018 from the state government special revenue
fund to the commissioner of health for licensing activities under Minnesota Statutes, section
145.417.
new text end