1.1.................... moves to amend H.F. No. 2340, the first engrossment, as follows:
1.2Delete everything after the enacting clause and insert:

1.3    "Section 1. [145.417] LICENSURE OF CERTAIN FACILITIES THAT
1.4PERFORM ABORTIONS. .
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
1.7or more women known to be pregnant are willfully terminated or aborted each month,
1.8including nonsurgical abortions, shall be licensed by the commissioner of health and,
1.9notwithstanding Minnesota Rules, part 4675.0100, subpart 8 and 9, is subject to the
1.10licensure requirements provided in Minnesota rules, chapter 4675. The commissioner
1.11shall not require a facility licensed as a hospital or outpatient surgical center, pursuant to
1.12section 144.55, to obtain a separate license under this section; however such facility may
1.13be subject to inspections and investigations as permitted under subdivision 2.
1.14(b) Establishing or operating a facility described in this section without obtaining a
1.15license is a misdemeanor punishable by a fine of not more than $300. The commissioner
1.16of health, attorney general, an appropriate county attorney, or a woman upon whom an
1.17abortion has been performed or attempted to be performed, at an unlicensed facility
1.18may seek an injunction in district court against the continuing operation of the facility.
1.19Proceedings for securing an injunction may be brought by the attorney general or by
1.20the appropriate county attorney.
1.21(c) Sanctions provided in this subdivision do not restrict other available sanctions.
1.22    Subd. 2. Inspections; no notice required. No more than two times per year,
1.23the commissioner of health shall perform routine and comprehensive inspections and
1.24investigations of facilities described under subdivision 1. Every clinic, health center,
1.25or other facility described under subdivision 1, and any other premise proposed to be
1.26conducted as a facility by an applicant for a license, shall be open at all reasonable times
2.1to inspection authorized in writing by the commissioner of health. No notice need be
2.2given to any person prior to any inspection.
2.3    Subd. 3. Licensure fee. (a) The license fee for a facility is $.......
2.4(b) Fees shall be collected and deposited according to section 144.122.
2.5    Subd. 4. Suspension, revocation and refusal to renew. The commissioner of
2.6health may refuse to grant or renew, or may suspend or revoke, a license on any of the
2.7following grounds:
2.8(1) violation of any of the provisions of this section or Minnesota Rules, chapter
2.94675;
2.10(2) permitting, aiding, or abetting the commission of any illegal act in the facility;
2.11(3) conduct or practices detrimental to the welfare of the patient; or
2.12(4) obtaining or attempting to obtain a license by fraud or misrepresentation; or
2.13(5) with respect to the facility, if the commissioner of health determines that there is
2.14a pattern of conduct that one or more physicians who have a financial or economic interest
2.15in the facility, as defined in section 144.6521, subdivision 3, and have not provided notice
2.16and disclosure of the financial or economic interest as required by section 144.6512.
2.17    Subd. 5. Hearing. Prior to any suspension, revocation or refusal to renew a license,
2.18the licensee shall be entitled to notice and a hearing as provided by sections 14.57 to 14.69.
2.19At each hearing, the commissioner of health shall have the burden of establishing that a
2.20violation described in subdivision 4 has occurred. If a license is revoked, suspended, or
2.21not renewed, a new application for license may be considered by the commissioner if the
2.22conditions upon which revocation, suspension, or refusal to renew was based have been
2.23corrected and evidence of this fact has been satisfactorily furnished. A new license may
2.24then be granted after proper inspection has been made and all provisions of this section
2.25and Minnesota Rules, chapter 4675, have been complied with and recommendation has
2.26been made by the inspector as an agent of the commissioner of health.
2.27    Subd. 5. 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 unconstitutionality. The legislature intends
2.31that it would have passed this section, and each provision, section, subdivision, sentence,
2.32clause, phrase, or word, regardless of the fact that any one provision, section, subdivision,
2.33sentence, clause, phrase, or word is declared unconstitutional."
2.34Amend the title accordingly