Bill Text: MN SF1921 | 2011-2012 | 87th Legislature | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Abortion facility licensure requirements
Sponsorship: Moderate Partisan Bill (Republican 30-9)
Status: (Vetoed) 2012-04-26 - Governor veto [SF1921 Detail]
Download: Minnesota-2011-SF1921-Engrossed.html
Bill Title: Abortion facility licensure requirements
Sponsorship: Moderate Partisan Bill (Republican 30-9)
Status: (Vetoed) 2012-04-26 - Governor veto [SF1921 Detail]
Download: Minnesota-2011-SF1921-Engrossed.html
1.2relating to health; requiring licensure of certain facilities that perform abortions;
1.3requiring a licensing fee;proposing coding for new law in Minnesota Statutes,
1.4chapter 145.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. [145.479] 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 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,
1.11including nonsurgical abortions, shall be licensed by the commissioner of health. The
1.12commissioner of health shall adopt rules necessary for licensure under this section.
1.13 Subd. 2. Inspections; data privacy. The commissioner of health shall perform
1.14inspections and investigations as deemed necessary. Information received by the
1.15commissioner through filed reports, inspections, or as otherwise authorized under this
1.16section is private data on individuals according to section 13.02, subdivision 12, and must
1.17not be disclosed publicly in such manner as to identify individual patients, except to
1.18another state agency for purposes of investigation of professional or business practices in
1.19a licensed abortion facility. Any state agency that receives such data must not disclose
1.20individual patient information publicly.
1.21 Subd. 3. No notice required for inspection. Every clinic, health center, or other
1.22facility licensed under this section, and any other premise proposed to be conducted as a
1.23facility by an applicant for a license, shall be open at all reasonable times to inspection
2.1authorized in writing by the commissioner of health. No notice need be given to any
2.2person prior to any inspection.
2.3 Subd. 4. Fees. (a) The license fee for a facility is $.......
2.4(b) Fees shall be collected and deposited according to section 144.122.
2.5 Subd. 5. Severability. If any one or more provision, section, subdivision, sentence,
2.6clause, phrase, or word of this section or the application of it to any person or circumstance
2.7is found to be unconstitutional, it is declared to be severable and the balance of this section
2.8shall remain effective notwithstanding such unconstitutionality. The legislature intends
2.9that it would have passed this section, and each provision, section, subdivision, sentence,
2.10clause, phrase, or word, regardless of the fact that any one provision, section, subdivision,
2.11sentence, clause, phrase, or word is declared unconstitutional.
1.3requiring a licensing fee;proposing coding for new law in Minnesota Statutes,
1.4chapter 145.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. [145.479] 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 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,
1.11including nonsurgical abortions, shall be licensed by the commissioner of health. The
1.12commissioner of health shall adopt rules necessary for licensure under this section.
1.13 Subd. 2. Inspections; data privacy. The commissioner of health shall perform
1.14inspections and investigations as deemed necessary. Information received by the
1.15commissioner through filed reports, inspections, or as otherwise authorized under this
1.16section is private data on individuals according to section 13.02, subdivision 12, and must
1.17not be disclosed publicly in such manner as to identify individual patients, except to
1.18another state agency for purposes of investigation of professional or business practices in
1.19a licensed abortion facility. Any state agency that receives such data must not disclose
1.20individual patient information publicly.
1.21 Subd. 3. No notice required for inspection. Every clinic, health center, or other
1.22facility licensed under this section, and any other premise proposed to be conducted as a
1.23facility by an applicant for a license, shall be open at all reasonable times to inspection
2.1authorized in writing by the commissioner of health. No notice need be given to any
2.2person prior to any inspection.
2.3 Subd. 4. Fees. (a) The license fee for a facility is $.......
2.4(b) Fees shall be collected and deposited according to section 144.122.
2.5 Subd. 5. Severability. If any one or more provision, section, subdivision, sentence,
2.6clause, phrase, or word of this section or the application of it to any person or circumstance
2.7is found to be unconstitutional, it is declared to be severable and the balance of this section
2.8shall remain effective notwithstanding such unconstitutionality. The legislature intends
2.9that it would have passed this section, and each provision, section, subdivision, sentence,
2.10clause, phrase, or word, regardless of the fact that any one provision, section, subdivision,
2.11sentence, clause, phrase, or word is declared unconstitutional.
