as introduced - 87th Legislature (2011 - 2012) Posted on 02/29/2012 03:54pm
A bill for an act
relating to health; requiring licensure of certain facilities that perform abortions;
proposing coding for new law in Minnesota Statutes, chapter 145.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
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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,
including nonsurgical abortions, shall be licensed by the commissioner of health. The
commissioner of health shall adopt rules necessary for licensure under this section.
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The commissioner of health shall perform
inspections and investigations as deemed necessary. Information received by the
commissioner through filed reports, inspections, or as otherwise authorized under this
section is private data on individuals according to section 13.02, subdivision 12, and must
not be disclosed publicly in such manner as to identify individual patients, except to
another state agency for purposes of investigation of professional or business practices in
a licensed abortion facility. Any state agency that receives such data must not disclose
individual patient information publicly.
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Every clinic, health center, or other
facility licensed under this section, 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.
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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.
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