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;amending Minnesota Statutes 2010, section 13.381,
1.4by adding a subdivision; proposing coding for new law in Minnesota Statutes,
1.5chapter 145.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2010, section 13.381, is amended by adding a
1.8subdivision to read:
1.9 Subd. 12a. Abortion facility inspections and investigations. Certain data collected
1.10by the commissioner of health in connection with the inspection and investigation of
1.11facilities that perform abortions is governed by section 145.479, subdivision 2.
1.12 Sec. 2. [145.479] LICENSURE OF CERTAIN FACILITIES THAT PERFORM
1.13ABORTIONS.
1.14 Subdivision 1. License required for facilities that perform ten or more abortions
1.15per month. A clinic, health center, or other facility in which the pregnancies of ten or
1.16more women known to be pregnant are willfully terminated or aborted each month,
1.17including nonsurgical abortions, shall be licensed by the commissioner of health. The
1.18commissioner of health shall adopt rules necessary for licensure under this section.
1.19 Subd. 2. Inspections; data privacy. The commissioner of health shall perform
1.20inspections and investigations as deemed necessary. Information collected or received
1.21by the commissioner through filed reports, inspections, or as otherwise authorized under
1.22this section is private data on individuals as defined in section 13.02, subdivision 12, but
1.23may be disclosed to another state agency for purposes of investigation of professional or
1.24business practices in a licensed abortion facility.
2.1 Subd. 3. No notice required for inspection. Every clinic, health center, or other
2.2facility licensed under this section, and any other premise proposed to be conducted as a
2.3facility by an applicant for a license, shall be open at all reasonable times to inspection
2.4authorized in writing by the commissioner of health. No notice need be given to any
2.5person prior to any inspection.
2.6 Subd. 4. Fees. (a) The license fee for a facility is $.......
2.7(b) Fees shall be collected and deposited according to section 144.122.
2.8 Subd. 5. Severability. If any one or more provision, section, subdivision, sentence,
2.9clause, phrase, or word of this section or the application of it to any person or circumstance
2.10is found to be unconstitutional, it is declared to be severable and the balance of this section
2.11shall remain effective notwithstanding such unconstitutionality. The legislature intends
2.12that it would have passed this section, and each provision, section, subdivision, sentence,
2.13clause, phrase, or word, regardless of the fact that any one provision, section, subdivision,
2.14sentence, clause, phrase, or word is declared unconstitutional.
1.3requiring a licensing fee;amending Minnesota Statutes 2010, section 13.381,
1.4by adding a subdivision; proposing coding for new law in Minnesota Statutes,
1.5chapter 145.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2010, section 13.381, is amended by adding a
1.8subdivision to read:
1.9 Subd. 12a. Abortion facility inspections and investigations. Certain data collected
1.10by the commissioner of health in connection with the inspection and investigation of
1.11facilities that perform abortions is governed by section 145.479, subdivision 2.
1.12 Sec. 2. [145.479] LICENSURE OF CERTAIN FACILITIES THAT PERFORM
1.13ABORTIONS.
1.14 Subdivision 1. License required for facilities that perform ten or more abortions
1.15per month. A clinic, health center, or other facility in which the pregnancies of ten or
1.16more women known to be pregnant are willfully terminated or aborted each month,
1.17including nonsurgical abortions, shall be licensed by the commissioner of health. The
1.18commissioner of health shall adopt rules necessary for licensure under this section.
1.19 Subd. 2. Inspections; data privacy. The commissioner of health shall perform
1.20inspections and investigations as deemed necessary. Information collected or received
1.21by the commissioner through filed reports, inspections, or as otherwise authorized under
1.22this section is private data on individuals as defined in section 13.02, subdivision 12, but
1.23may be disclosed to another state agency for purposes of investigation of professional or
1.24business practices in a licensed abortion facility.
2.1 Subd. 3. No notice required for inspection. Every clinic, health center, or other
2.2facility licensed under this section, and any other premise proposed to be conducted as a
2.3facility by an applicant for a license, shall be open at all reasonable times to inspection
2.4authorized in writing by the commissioner of health. No notice need be given to any
2.5person prior to any inspection.
2.6 Subd. 4. Fees. (a) The license fee for a facility is $.......
2.7(b) Fees shall be collected and deposited according to section 144.122.
2.8 Subd. 5. Severability. If any one or more provision, section, subdivision, sentence,
2.9clause, phrase, or word of this section or the application of it to any person or circumstance
2.10is found to be unconstitutional, it is declared to be severable and the balance of this section
2.11shall remain effective notwithstanding such unconstitutionality. The legislature intends
2.12that it would have passed this section, and each provision, section, subdivision, sentence,
2.13clause, phrase, or word, regardless of the fact that any one provision, section, subdivision,
2.14sentence, clause, phrase, or word is declared unconstitutional.
