Bill Text: MN HF2340 | 2011-2012 | 87th Legislature | Engrossed
Bill Title: Abortion facility licensure required, facility license fee set, and money appropriated.
Spectrum: Moderate Partisan Bill (Republican 27-8)
Status: (Introduced - Dead) 2012-04-19 - HF indefinitely postponed [HF2340 Detail]
Download: Minnesota-2011-HF2340-Engrossed.html
1.2relating to health; requiring licensure of certain facilities that perform abortions;
1.3setting a facility license fee; appropriating money;proposing coding for new
1.4law in Minnesota 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
1.10or more women known to be pregnant are willfully terminated or aborted each month,
1.11shall be licensed by the commissioner of health and, notwithstanding Minnesota Rules,
1.12part 4675.0100, subparts 8 and 9, is subject to the licensure requirements provided in
1.13Minnesota Rules, chapter 4675. The commissioner shall not require a facility licensed as
1.14a hospital or outpatient surgical center, pursuant to section 144.55, to obtain a separate
1.15license under this section; however such facility may be subject to inspections and
1.16investigations as permitted under subdivision 2.
1.17(b) Establishing or operating a facility described in this section without obtaining a
1.18license is a misdemeanor punishable by a fine of not more than $300. The commissioner
1.19of health, attorney general, an appropriate county attorney, or a woman upon whom an
1.20abortion has been performed or attempted to be performed, at an unlicensed facility
1.21may seek an injunction in district court against the continuing operation of the facility.
1.22Proceedings for securing an injunction may be brought by the attorney general or by
1.23the 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 a facility is $3,712.
2.9(b) Fees shall be collected and deposited according to section 144.122.
2.10 Subd. 4. Suspension, revocation and refusal to renew. The commissioner of
2.11health may refuse to grant or renew, or may suspend or revoke, a license on any of the
2.12following grounds:
2.13(1) violation of any of the provisions of this section or Minnesota Rules, chapter
2.144675;
2.15(2) permitting, aiding, or abetting the commission of any illegal act in the facility;
2.16(3) conduct or practices detrimental to the welfare of the patient; or
2.17(4) obtaining or attempting to obtain a license by fraud or misrepresentation; or
2.18(5) if there is a pattern of conduct that involves one or more physicians in the
2.19facility who have a financial or economic interest in the facility, as defined in section
2.20144.6521, subdivision 3, and who have not provided notice and disclosure of the financial
2.21or economic interest as required by section 144.6521.
2.22 Subd. 5. Hearing. Prior to any suspension, revocation or refusal to renew a license,
2.23the licensee shall be entitled to notice and a hearing as provided by sections 14.57 to 14.69.
2.24At each hearing, the commissioner of health shall have the burden of establishing that a
2.25violation described in subdivision 4 has occurred. If a license is revoked, suspended, or
2.26not renewed, a new application for license may be considered by the commissioner if the
2.27conditions upon which revocation, suspension, or refusal to renew was based have been
2.28corrected and evidence of this fact has been satisfactorily furnished. A new license may
2.29then be granted after proper inspection has been made and all provisions of this section
2.30and Minnesota Rules, chapter 4675, have been complied with and recommendation has
2.31been made by the inspector as an agent of the commissioner of health.
2.32 Subd. 6. Severability. If any one or more provision, section, subdivision, sentence,
2.33clause, phrase, or word of this section or the application of it to any person or circumstance
2.34is found to be unconstitutional, it is declared to be severable and the balance of this section
2.35shall remain effective notwithstanding such unconstitutionality. The legislature intends
2.36that it would have passed this section, and each provision, section, subdivision, sentence,
3.1clause, phrase, or word, regardless of the fact that any one provision, section, subdivision,
3.2sentence, clause, phrase, or word is declared unconstitutional.
3.3 Sec. 2. APPROPRIATION.
3.4(a) $30,000 is appropriated in fiscal year 2013 from the state government special
3.5revenue fund to the commissioner of health for licensing activities under Minnesota
3.6Statutes, section 145.417.
3.7(b) $33,000 is appropriated in fiscal year 2013 from the general fund to the
3.8commissioner of health for licensing activities under Minnesota Statutes, section 145.417.
1.3setting a facility license fee; appropriating money;proposing coding for new
1.4law in Minnesota 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
1.10or more women known to be pregnant are willfully terminated or aborted each month,
1.11shall be licensed by the commissioner of health and, notwithstanding Minnesota Rules,
1.12part 4675.0100, subparts 8 and 9, is subject to the licensure requirements provided in
1.13Minnesota Rules, chapter 4675. The commissioner shall not require a facility licensed as
1.14a hospital or outpatient surgical center, pursuant to section 144.55, to obtain a separate
1.15license under this section; however such facility may be subject to inspections and
1.16investigations as permitted under subdivision 2.
1.17(b) Establishing or operating a facility described in this section without obtaining a
1.18license is a misdemeanor punishable by a fine of not more than $300. The commissioner
1.19of health, attorney general, an appropriate county attorney, or a woman upon whom an
1.20abortion has been performed or attempted to be performed, at an unlicensed facility
1.21may seek an injunction in district court against the continuing operation of the facility.
1.22Proceedings for securing an injunction may be brought by the attorney general or by
1.23the 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 a facility is $3,712.
2.9(b) Fees shall be collected and deposited according to section 144.122.
2.10 Subd. 4. Suspension, revocation and refusal to renew. The commissioner of
2.11health may refuse to grant or renew, or may suspend or revoke, a license on any of the
2.12following grounds:
2.13(1) violation of any of the provisions of this section or Minnesota Rules, chapter
2.144675;
2.15(2) permitting, aiding, or abetting the commission of any illegal act in the facility;
2.16(3) conduct or practices detrimental to the welfare of the patient; or
2.17(4) obtaining or attempting to obtain a license by fraud or misrepresentation; or
2.18(5) if there is a pattern of conduct that involves one or more physicians in the
2.19facility who have a financial or economic interest in the facility, as defined in section
2.20144.6521, subdivision 3, and who have not provided notice and disclosure of the financial
2.21or economic interest as required by section 144.6521.
2.22 Subd. 5. Hearing. Prior to any suspension, revocation or refusal to renew a license,
2.23the licensee shall be entitled to notice and a hearing as provided by sections 14.57 to 14.69.
2.24At each hearing, the commissioner of health shall have the burden of establishing that a
2.25violation described in subdivision 4 has occurred. If a license is revoked, suspended, or
2.26not renewed, a new application for license may be considered by the commissioner if the
2.27conditions upon which revocation, suspension, or refusal to renew was based have been
2.28corrected and evidence of this fact has been satisfactorily furnished. A new license may
2.29then be granted after proper inspection has been made and all provisions of this section
2.30and Minnesota Rules, chapter 4675, have been complied with and recommendation has
2.31been made by the inspector as an agent of the commissioner of health.
2.32 Subd. 6. Severability. If any one or more provision, section, subdivision, sentence,
2.33clause, phrase, or word of this section or the application of it to any person or circumstance
2.34is found to be unconstitutional, it is declared to be severable and the balance of this section
2.35shall remain effective notwithstanding such unconstitutionality. The legislature intends
2.36that it would have passed this section, and each provision, section, subdivision, sentence,
3.1clause, phrase, or word, regardless of the fact that any one provision, section, subdivision,
3.2sentence, clause, phrase, or word is declared unconstitutional.
3.3 Sec. 2. APPROPRIATION.
3.4(a) $30,000 is appropriated in fiscal year 2013 from the state government special
3.5revenue fund to the commissioner of health for licensing activities under Minnesota
3.6Statutes, section 145.417.
3.7(b) $33,000 is appropriated in fiscal year 2013 from the general fund to the
3.8commissioner of health for licensing activities under Minnesota Statutes, section 145.417.
