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S.F. No. 704 - Licensure of Certain Facilities that Perform Abortions
Author: Senator Michelle L. Fischbach
Prepared By: Katie Cavanor, Senate Counsel (651/296-3801)
Date: February 14, 2017


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

Section 1 (145.479), subdivision 1, requires 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 to be licensed by the Commissioner of Health.  Specifies that a facility licensed as a hospital or outpatient surgical center is not required to obtain a separate license under this section, but is subject to inspections and investigations as required under this section.  Gives the commissioner, attorney general, or a county attorney the authority to seek an injunction against the continued operation of an unlicensed facility.

Subdivision 2 requires the Commissioner of Health to perform inspections and investigations as deemed necessary, but no more than twice a year.  Requires every facility licensed under this section, or any premise included in an application for licensure, to be open at reasonable times for inspection by the commissioner.  No notice is required to be provided prior to the inspection.  

Subdivision 3 sets an annual license fee at $3,712 for a facility, and sets forth a process for collection and deposit of license fees.

Subdivision 4 authorizes the commissioner to refuse to grant or renew or suspend or revoke a license on any of the grounds specified.

Subdivision 5 specifies that before any suspension, revocation, or refusal to renew a license, a licensee is entitled to notice and a hearing and at the hearing the commissioner has the burden of establishing that a violation has occurred.  Permits a facility to submit a new application after a license has been suspended, revoked, or not renewed if the conditions have been corrected.  A new license may be granted after an inspection has occurred, all relevant rules have been met, and the inspector makes a recommendation for licensure.

Subdivision 6 provides for severability.

Section 2 appropriates $32,000 to the Commissioner of Health from the state government special revenue fund.


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