1.1Senator Nelson moved to amend
S.F. No. 4699 as follows:
1.2Page 95, after line 7, insert:
1.3 "Sec. 25.
[145.4161] LICENSURE OF ABORTION FACILITIES.
1.4 Subdivision 1. Definitions. (a) For purposes of this section, the following definitions
1.5apply.
1.6(b) "Abortion facility" means a clinic, health center, or other facility in which
the
1.7pregnancies of ten or more women known to be pregnant are willfully terminated or
aborted
1.8each month. A facility licensed as a hospital or as an outpatient surgical center
pursuant to
1.9sections 144.50 to 144.56 shall not be considered an abortion facility.
1.10(c) "Accrediting or membership organization" means a national organization that
1.11establishes evidence-based clinical standards for abortion care and accredits abortion
facilities
1.12or accepts as members abortion facilities following an application and inspection
process.
1.13(d) "Commissioner" means the commissioner of health.
1.14 Subd. 2. License required. (a) Beginning July 1, 2025, no abortion facility shall be
1.15established, operated, or maintained in the state without first obtaining a license
from the
1.16commissioner according to this section.
1.17(b) A license issued under this section is not transferable or assignable and is subject
to
1.18suspension or revocation at any time for failure to comply with this section.
1.19(c) If a single entity maintains abortion facilities on different premises, each facility
1.20must obtain a separate license.
1.21(d) To be eligible for licensure under this section, an abortion facility must be
accredited
1.22or a member of an accrediting or membership organization or must obtain accreditation
or
1.23membership within six months of the date of the application for licensure. If the
abortion
1.24facility loses its accreditation or membership, the abortion facility must immediately
notify
1.25the commissioner.
1.26(e) The commissioner, the attorney general, an appropriate county attorney, or a woman
1.27upon whom an abortion has been performed or attempted to be performed at an unlicensed
1.28facility may seek an injunction in district court against the continued operation
of the facility.
1.29Proceedings for securing an injunction may be brought by the attorney general or by
the
1.30appropriate county attorney.
1.31(f) Sanctions provided in this subdivision do not restrict other available sanctions.
2.1 Subd. 3. Temporary license. For new abortion facilities planning to begin operations
2.2on or after July 1, 2025, the commissioner may issue a temporary license to the abortion
2.3facility that is valid for a period of six months from the date of issuance. The abortion
facility
2.4must submit to the commissioner an application and applicable fee for licensure as
required
2.5under subdivisions 4 and 7. The application must include the information required
under
2.6subdivision 4, clauses (1), (2), (3), (5), and (6), and provide documentation that
the abortion
2.7facility has submitted the application for accreditation or membership from an accrediting
2.8or membership organization. Upon receipt of accreditation or membership verification,
the
2.9abortion facility must submit to the commissioner the information required in subdivision
2.104, clause (4), and the applicable fee under subdivision 7. The commissioner shall
then issue
2.11a new license.
2.12 Subd. 4. Application. An application for a license to operate an abortion facility and
2.13the applicable fee under subdivision 7 must be submitted to the commissioner on a
form
2.14provided by the commissioner and must contain:
2.15(1) the name of the applicant;
2.16(2) the site location of the abortion facility;
2.17(3) the name of the person in charge of the facility;
2.18(4) documentation that the abortion facility is accredited or an approved member of
an
2.19accrediting or membership organization, including the effective date and the expiration
date
2.20of the accreditation or membership, and the date of the last site visit by the accrediting
or
2.21membership organization;
2.22(5) the names and license numbers, if applicable, of the health care professionals
on
2.23staff at the abortion facility; and
2.24(6) any other information the commissioner deems necessary.
2.25 Subd. 5. Inspections. Prior to initial licensure and at least once every two years thereafter,
2.26the commissioner shall perform a routine and comprehensive inspection of each abortion
2.27facility. Facilities shall be open at all reasonable times to an inspection authorized
in writing
2.28by the commissioner. No notice need be given to any person prior to an inspection
authorized
2.29by the commissioner.
2.30 Subd. 6. Suspension, revocation, and refusal to renew. The commissioner may refuse
2.31to grant or renew, or may suspend or revoke, a license on any of the grounds described
2.32under section 144.55, subdivision 6, paragraph (a), clause (2), (3), or (4), or upon
the loss
2.33of accreditation or membership as described in subdivision 4, clause (4). The applicant
or
3.1licensee is entitled to a notice and a hearing as described under section 144.55,
subdivision
3.27, and a new license may be issued after proper inspection of an abortion facility
has been
3.3conducted.
3.4 Subd. 7. Fees. (a) The biennial license fee for abortion facilities is $365.
3.5(b) The temporary license fee is $365.
3.6(c) Fees shall be collected and deposited according to section 144.122.
3.7 Subd. 8. Renewal. (a) A license issued under this section expires two years from the
3.8date of issuance.
3.9(b) A temporary license issued under this section expires six months from the date
of
3.10issuance and may be renewed for one additional six-month period.
3.11 Subd. 9. Records. All health records maintained on each client by an abortion facility
3.12are subject to sections 144.292 to 144.298.
3.13 Subd. 10. Severability. If any one or more provision, section, subdivision, sentence,
3.14clause, phrase, or word of this section or the application of it to any person or
circumstance
3.15is found to be unconstitutional, it is declared to be severable and the balance of
this section
3.16shall remain effective notwithstanding such unconstitutionality. The legislature intends
that
3.17it would have passed this section, and each provision, section, subdivision, sentence,
clause,
3.18phrase, or word, regardless of the fact that any one provision, section, subdivision,
sentence,
3.19clause, phrase, or word is declared unconstitutional."
3.20Page 547, after line 12, insert:
3.21"
(c) Abortion Facility Licensing. $55,000
3.22from the state government special revenue
3.23fund in fiscal year 2025 is for licensing
3.24activities under Minnesota Statutes, section
3.25145.4161. The state government special
3.26revenue fund base for this appropriation is
3.27$8,000 in fiscal year 2026 and $42,000 in
3.28fiscal year 2027."
3.29Reletter the paragraphs in sequence
3.30Renumber the sections in sequence and correct the internal references
3.31Amend the title accordingly
3.32The motion prevailed. #did not prevail. So the amendment was #not adopted.