.................... moves to amend H.F. No. 3467, the second engrossment, as follows:
Page 49, after line 29, insert:
Sec. 13. [145.417] LICENSURE OF CERTAIN FACILITIES THAT PERFORM
1.5 Subdivision 1. License required for facilities that perform ten or more abortions
1.6per month. (a) A clinic, health center, or other facility in which the pregnancies of ten or
1.7more women known to be pregnant are willfully terminated or aborted each month shall
1.8be licensed by the commissioner of health and, notwithstanding Minnesota Rules, part
1.94675.0100, subparts 8 and 9, subject to the licensure requirements provided in Minnesota
1.10Rules, chapter 4675. The commissioner shall not require a facility licensed as a hospital or
1.11as an outpatient surgical center, pursuant to sections 144.50 to 144.56, to obtain a separate
1.12license under this section, but may subject these facilities to inspections and investigations
1.13as permitted under subdivision 2.
1.14(b) The commissioner of health, the attorney general, an appropriate county attorney,
1.15or a woman upon whom an abortion has been performed or attempted to be performed
1.16at an unlicensed facility may seek an injunction in district court against the continued
1.17operation of the facility. Proceedings for securing an injunction may be brought by the
1.18attorney general or by the appropriate county attorney.
1.19(c) Sanctions provided in this subdivision do not restrict other available sanctions.
1.20 Subd. 2. Inspections; no notice required. No more than two times per year,
1.21the commissioner of health shall perform routine and comprehensive inspections and
1.22investigations of facilities described under subdivision 1. Every clinic, health center,
1.23or other facility described under subdivision 1, and any other premises proposed to be
1.24conducted as a facility by an applicant for a license, shall be open at all reasonable times
1.25to inspection authorized in writing by the commissioner of health. No notice need be
1.26given to any person prior to any inspection.
2.1 Subd. 3. Licensure fee. (a) The annual license fee for facilities required to be
2.2licensed under this section is $3,712.
2.3(b) Fees shall be collected and deposited according to section 144.122.
2.4 Subd. 4. Suspension, revocation, and refusal to renew. The commissioner of
2.5health may refuse to grant or renew, or may suspend or revoke a license on any of the
2.7(1) violation of any of the provisions of this section or Minnesota Rules, chapter 4675;
2.8(2) permitting, aiding, or abetting the commission of any illegal act in the facility;
2.9(3) conduct or practices detrimental to the welfare of the patient;
2.10(4) obtaining or attempting to obtain a license by fraud or misrepresentation; or
2.11(5) if there is a pattern of conduct that involves one or more physicians in the
2.12facility who have a financial or economic interest in the facility, as defined in section
2.13144.6521, subdivision 3, and who have not provided notice and disclosure of the financial
2.14or economic interest as required by section 144.6521.
2.15 Subd. 5. Hearing. Prior to any suspension, revocation, or refusal to renew a license,
2.16the licensee shall be entitled to notice and a hearing as provided by sections 14.57 to
2.1714.69. At each hearing, the commissioner of health shall have the burden of establishing
2.18that a violation described in subdivision 4 has occurred. If a license is revoked, suspended,
2.19or not renewed, a new application for a license may be considered by the commissioner if
2.20the conditions upon which revocation, suspension, or refusal to renew was based have
2.21been corrected and evidence of this fact has been satisfactorily furnished. A new license
2.22may be granted after proper inspection has been made and all provisions of this section
2.23and Minnesota Rules, chapter 4675, have been complied with and a recommendation
2.24for licensure has been made by the commissioner or by an inspector as an agent of the
2.26 Subd. 6. Severability. If any one or more provision, section, subdivision, sentence,
2.27clause, phrase, or word of this section or the application of it to any person or circumstance
2.28is found to be unconstitutional, it is declared to be severable and the balance of this section
2.29shall remain effective notwithstanding such unconstitutionality. The legislature intends
2.30that it would have passed this section, and each provision, section, subdivision, sentence,
2.31clause, phrase, or word, regardless of the fact that any one provision, section, subdivision,
2.32sentence, clause, phrase, or word is declared unconstitutional.
Page 127, line 7, delete "362,000
" and insert "394,000
Page 127, after line 16, insert:
"2.35Licensure of Certain Facilities That
2.36Perform Abortions. $32,000 in fiscal year
3.12017 from the state government special
3.2revenue fund is for licensing activities under
3.3Minnesota Statutes, section 14.417.
Correct the section totals and the summaries by fund
Renumber the sections in sequence and correct the internal references
Amend the title accordingly