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S.F. No. 704 - Licensure of Certain Facilities that Perform Abortions (A-5 Amendment)
Author: Senator Michelle L. Fischbach
Prepared By: Katie Cavanor, Senate Counsel (651/296-3801)
Date: April 25, 2017


SF704 requires the licensure of health care facilities that perform at least ten abortions per month.

Section 1 (145.4161), subdivision 1, defines the following terms:  abortion facility; accrediting or membership organization; and commissioner.  Defines an abortion facility as a clinic, health center, or other facility in which the pregnancies of ten or more women known to be pregnant are willfully terminated or aborted each month, and does not include hospitals or outpatient surgical centers.

Subdivision 2, paragraph (a), requires an abortion facility to be licensed by the Commissioner of Health beginning July 1, 2018. 

Paragraph (b) states that the license is not transferrable or assignable and may be suspended or revoked at any time for failure to comply with this section.

Paragraph (c) specifies if a single entity maintains facilities at different premises, each facility must obtain a license.

Paragraph (d) states that to be licensed, an abortion facility must be accredited or a member of an accrediting or membership organization or must obtain accreditation or membership within six month of the date of application.  

Paragraph (e) gives the commissioner, attorney general, an appropriate county attorney, or a woman whom an abortion has been performed or attempted to be performed at an unlicensed facility, the authority to seek an injunction against the continued operation of the facility.

Paragraph (f) specifies that sanctions under this section do not restrict other available sanctions.

Subdivision 3 authorizes the commissioner to issue temporary licenses for new facilities planning to begin operations after July 1, 2018. A temporary license is valid for six months from the date of issuance.

Subdivision 4 requires an applicant to submit an application and the applicable fee to the commissioner.  Specifies the information that must be provided in the application form.

Subdivision 5 requires the commissioner to perform an inspection prior to initial licensure and at least once every two years thereafter.  Requires a facility to be open at reasonable times for inspection by the commissioner.  No notice is required to be provided prior to the inspection.

Subdivision 6 authorizes the commissioner to refuse to grant, or to suspend or revoke a license under specified conditions.  Also specifies that the applicant or licensee is entitled to notice and a hearing, and a new license may be issued after an inspection has been conducted.  

Subdivision 7 sets the biennial license fee at $365 and the temporary fee at $365, and sets forth a process for collection and deposit of license fees.

Subdivision 8 states that a license expires two years from the date of issuance, and a temporary license expires six months from date of issuance and may be renewed for one additional six-month period.

Subdivision 9 specifies that all client health records maintained by the facility are subject to the Minnesota Health Records Act.

Subdivision 10 provides for severability.

Section 2 appropriates money to the Commissioner of Health from the state government special revenue fund for the licensing activities described under section 145.4161.


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