1.1.................... moves to amend S.F. No. 4410, the first unofficial engrossment, as follows:
1.2Page 48, after line 7, insert:
1.3 "Sec. ....
[145.417] LICENSURE OF CERTAIN FACILITIES THAT PERFORM
1.4ABORTIONS.
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 must
be
1.8licensed by the commissioner of health and, notwithstanding Minnesota Rules, part
1.94675.0100, subparts 8 and 9, are subject to the licensure requirements in Minnesota
Rules,
1.10chapter 4675. The commissioner must not require a facility licensed as a hospital
or outpatient
1.11surgical center under sections 144.50 to 144.56 to obtain a separate license under
this section
1.12but may subject these facilities to inspections and investigations as permitted under
1.13subdivision 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 at
1.16an unlicensed facility may seek an injunction in district court against the continued
operation
1.17of the facility. Proceedings for securing an injunction may be brought by the attorney
general
1.18or 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, the
1.21commissioner of health must perform routine, comprehensive inspections and investigations
1.22of facilities described under subdivision 1. Every clinic, health center, or other
facility
1.23described under subdivision 1, and any other premise proposed to be operated as a
facility
1.24described under subdivision 1 by an applicant for a license, must be open at all reasonable
2.1times for inspection authorized in writing by the commissioner of health. No notice
need
2.2be given to any person prior to any inspection.
2.3 Subd. 3. Licensure fee. (a) The annual license fee for facilities required to be licensed
2.4under this section is $3,712.
2.5(b) Fees must be collected and deposited according to section 144.122.
2.6 Subd. 4. Suspension, revocation, and refusal to renew. The commissioner of health
2.7may refuse to grant or renew, or may suspend or revoke, a license on any of the following
2.8grounds:
2.9(1) violation of any of the provisions of this section or Minnesota Rules, chapter
4675;
2.10(2) permitting, aiding, or abetting the commission of an illegal act in the facility;
2.11(3) conduct or practices detrimental to the welfare of the patient;
2.12(4) obtaining or attempting to obtain a license by fraud or misrepresentation; or
2.13(5) a pattern of conduct that involves one or more physicians in the facility who
have a
2.14financial or economic interest in the facility, as defined in section 144.6521, subdivision
3,
2.15and who have not provided notice and disclosure of the financial or economic interest
as
2.16required by section 144.6521.
2.17 Subd. 5. Hearing. Prior to any suspension, revocation, or refusal to renew a license, the
2.18licensee shall be entitled to notice and a hearing under sections 14.57 to 14.69.
At a hearing,
2.19the commissioner of health shall have the burden of establishing that a violation
described
2.20in subdivision 4 has occurred. If a license is revoked, suspended, or not renewed,
the
2.21commissioner may consider a new application for a license if the conditions upon which
2.22the revocation, suspension, or refusal to renew was based have been corrected and
evidence
2.23of this fact has been satisfactorily furnished. A new license may be granted after
a proper
2.24inspection has been performed, all provisions of this section and Minnesota Rules,
chapter
2.254675, have been complied with, and a recommendation for licensure has been made by
the
2.26commissioner or by an inspector as an agent of the commissioner.
2.27 Subd. 6. Severability. If any one or more provision, section, subdivision, sentence,
2.28clause, phrase, or word of this section or the application of it to any person or
circumstance
2.29is found to be unconstitutional, it is declared to be severable and the balance of
this section
2.30shall remain effective notwithstanding such constitutionality. The legislature intends
that
2.31it would have passed this section, and each provision, section, subdivision, sentence,
clause,
2.32phrase, or word, regardless of the fact that any one provision, section, subdivision,
sentence,
2.33clause, phrase, or word is declared unconstitutional."
3.1Page 854, line 19, delete "
266,731,000" and insert "
266,772,000"
3.2Page 854, line 24, delete "
5,969,000" and insert "
6,010,000"
3.3Page 866, line 8, delete "
4,386,000" and insert "
4,427,000"
3.4Page 869, after line 13, insert:
3.5"
(k) Licensing of Certain Facilities that
3.6Perform Abortions. $41,000 in fiscal year
3.72023 is from the state government special
3.8revenue fund for the licensing of certain
3.9facilities that perform abortions under
3.10Minnesota Statutes, section 145.417. The state
3.11government special revenue fund base for this
3.12appropriation is $61,000 in fiscal year 2024
3.13and $41,000 in fiscal year 2025."
3.14Reletter the paragraphs in sequence
3.15Page 869, line 23, delete"
$4,299,000" and insert "
$4,360,000"
3.16Page 869, line 24, delete "
$4,228,000" and insert "
$4,269,000"
3.17Renumber the sections in sequence and correct the internal references
3.18Amend the title accordingly