Minnesota Bill Regarding Abortion Facility Licensure Requirements (HF 812)

This law was last updated on Jan 2, 2019

State

Minnesota

Number

HF 812

Status

Vetoed

Proposed

Feb 6, 2017

Topics

Targeted Regulation of Abortion Providers

Full Bill Text

wdoc.house.leg.state.mn.us

HF 812 would require facilities that perform ten or more abortions per month to be licensed by the commissioner of health.

To be eligible for licensure, an abortion facility must be accredited or a member of an accrediting or membership organization or must obtain accreditation or membership within six months of the date of the application for licensure. If the abortion facility loses its accreditation or membership, the abortion facility must immediately notify the commissioner.

The commissioner of health, the attorney general, an appropriate county attorney, or a patient upon whom an abortion has been performed or attempted to be performed at an unlicensed facility may seek an injunction in district court against the continued operation of the facility.

The bill provides for the temporary licensure of any new abortion facilities planning to begin operations after July 1, 2018.

Clinic Inspections

HF 812 would also require the commissioner of health to perform routine and comprehensive inspections and investigations of facilities no more than two times per year. No notice would be required to any person before an inspection.

The annual license fee for facilities required to be licensed would be $365.

The commissioner of health may refuse to grant or renew, or may suspend or revoke a license on any of the following grounds:

violation of any of the provisions of this law;
permitting, aiding, or abetting the commission of any illegal act in the facility;
conduct or practices detrimental to the welfare of the patient;
obtaining or attempting to obtain a license by fraud or misrepresentation; or
if there is a pattern of conduct that involves one or more physicians in the facility who have a financial or economic interest in the facility, and who have not provided notice and disclosure of such interest as required.

Related Legislation

Identical to HF 811, SF 704, and SF 705.

Similar HF 900/SF 752, which failed to pass in 2013.

STATUS

Passed the house on April 24, 2017, by a 79-53 vote.

Passed the senate on May 4, 2017, by a 35-29 vote.

Vetoed by Gov. Mark Dayton (R) on May 10, 2017.