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SF 1921

1st Engrossment - 87th Legislature (2011 - 2012) Posted on 03/14/2012 11:18am

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to health; requiring licensure of certain facilities that perform abortions;
requiring a licensing fee; 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 [145.479] 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 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.
new text end

new text begin Subd. 2. new text end

new text begin Inspections; data privacy. new text end

new text begin 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.
new text end

new text begin Subd. 3. new text end

new text begin No notice required for inspection. new text end

new text begin 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.
new text end

new text begin Subd. 4. new text end

new text begin Fees. new text end

new text begin (a) The license fee for a facility is $.......
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. 5. 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