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S.F. No. 1921, 3rd Engrossment - 87th Legislative Session (2011-2012)   Posted on Apr 03, 2012

1.1A bill for an act
1.2relating to health; requiring licensure of certain facilities that perform abortions;
1.3requiring a licensing fee; appropriating money;proposing coding for new law in
1.4Minnesota Statutes, chapter 145.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.6    Section 1. [145.417] LICENSURE OF CERTAIN FACILITIES THAT PERFORM
1.7ABORTIONS.
1.8    Subdivision 1. License required for facilities that perform ten or more abortions
1.9per month. (a) A clinic, health center, or other facility in which the pregnancies of ten or
1.10more women known to be pregnant are willfully terminated or aborted each month shall
1.11be licensed by the commissioner of health and, notwithstanding Minnesota Rules, part
1.124675.0100, subparts 8 and 9, subject to the licensure requirements provided in Minnesota
1.13Rules, chapter 4675. The commissioner shall not require a facility licensed as a hospital or
1.14as an outpatient surgical center, pursuant to sections 144.50 to 144.56, to obtain a separate
1.15license under this section, but may subject these facilities to inspections and investigations
1.16as permitted under subdivision 2.
1.17(b) The establishment or operation of a facility described in this section without
1.18obtaining a license is a misdemeanor punishable by a fine of not more than $300. The
1.19commissioner of health, the attorney general, an appropriate county attorney, or a woman
1.20upon whom an abortion has been performed or attempted to be performed at an unlicensed
1.21facility may seek an injunction in district court against the continued operation of the
1.22facility. Proceedings for securing an injunction may be brought by the attorney general or
1.23by the appropriate county attorney.
1.24(c) Sanctions provided in this subdivision do not restrict other available sanctions.
2.1    Subd. 2. Inspections; no notice required. No more than two times per year,
2.2the commissioner of health shall perform routine and comprehensive inspections and
2.3investigations of facilities described under subdivision 1. Every clinic, health center,
2.4or other facility described under subdivision 1, and any other premise proposed to be
2.5conducted as a facility by an applicant for a license, shall be open at all reasonable times
2.6to inspection authorized in writing by the commissioner of health. No notice need be
2.7given to any person prior to any inspection.
2.8    Subd. 3. Licensure fee. (a) The annual license fee for facilities required to be
2.9licensed under this section is $3,712.
2.10(b) Fees shall be collected and deposited according to section 144.122.
2.11    Subd. 4. Suspension, revocation, and refusal to renew. The commissioner of
2.12health may refuse to grant or renew, or may suspend or revoke a license on any of the
2.13following grounds:
2.14(1) violation of any of the provisions of this section or Minnesota Rules, chapter
2.154675;
2.16(2) permitting, aiding, or abetting the commission of any illegal act in the facility;
2.17(3) conduct or practices detrimental to the welfare of the patient;
2.18(4) obtaining or attempting to obtain a license by fraud or misrepresentation; or
2.19(5) if there is a pattern of conduct that involves one or more physicians in the
2.20facility who have a financial or economic interest in the facility, as defined in section
2.21144.6521, subdivision 3, and who have not provided notice and disclosure of the financial
2.22or economic interest as required by section 144.6521.
2.23    Subd. 5. Hearing. Prior to any suspension, revocation, or refusal to renew a license,
2.24the licensee shall be entitled to notice and a hearing as provided by sections 14.57 to
2.2514.69. At each hearing, the commissioner of health shall have the burden of establishing
2.26that a violation described in subdivision 4 has occurred. If a license is revoked, suspended,
2.27or not renewed, a new application for license may be considered by the commissioner if
2.28the conditions upon which revocation, suspension, or refusal to renew was based have
2.29been corrected and evidence of this fact has been satisfactorily furnished. A new license
2.30may be granted after proper inspection has been made and all provisions of this section
2.31and Minnesota Rules, chapter 4675, have been complied with and a recommendation
2.32for licensure has been made by the commissioner or by an inspector as an agent of the
2.33commissioner.
2.34    Subd. 6. Severability. If any one or more provision, section, subdivision, sentence,
2.35clause, phrase, or word of this section or the application of it to any person or circumstance
2.36is found to be unconstitutional, it is declared to be severable and the balance of this section
3.1shall remain effective notwithstanding such unconstitutionality. The legislature intends
3.2that it would have passed this section, and each provision, section, subdivision, sentence,
3.3clause, phrase, or word, regardless of the fact that any one provision, section, subdivision,
3.4sentence, clause, phrase, or word is declared unconstitutional.

3.5    Sec. 2. APPROPRIATION.
3.6$63,000 is appropriated in fiscal year 2013 from the state government special
3.7revenue fund to the commissioner of health for licensing activities under Minnesota
3.8Statutes, section 145.417.