1.1.................... moves to amend S.F. No. 1458, the second engrossment, as amended,
1.2as follows:
1.3Page 188, after line 15, insert:

1.4    "Sec. .... [145.417] LICENSURE OF CERTAIN FACILITIES THAT PERFORM
1.5ABORTIONS.
1.6    Subdivision 1. License required for facilities that perform ten or more abortions
1.7per month. (a) A clinic, health center, or other facility in which the pregnancies of ten or
1.8more women known to be pregnant are willfully terminated or aborted each month shall
1.9be licensed by the commissioner of health and, notwithstanding Minnesota Rules, part
1.104675.0100, subparts 8 and 9, subject to the licensure requirements provided in Minnesota
1.11Rules, chapter 4675. The commissioner shall not require a facility licensed as a hospital or
1.12as an outpatient surgical center, pursuant to sections 144.50 to 144.56, to obtain a separate
1.13license under this section, but may subject these facilities to inspections and investigations
1.14as permitted under subdivision 2.
1.15    (b) The commissioner of health, the attorney general, an appropriate county attorney,
1.16or a woman upon whom an abortion has been performed or attempted to be performed
1.17at an unlicensed facility may seek an injunction in district court against the continued
1.18operation of the facility. Proceedings for securing an injunction may be brought by the
1.19attorney general or by the appropriate county attorney.
1.20    (c) Sanctions provided in this subdivision do not restrict other available sanctions.
1.21    Subd. 2. Inspections; no notice required. No more than two times per year,
1.22the commissioner of health shall perform routine and comprehensive inspections and
1.23investigations of facilities described under subdivision 1. Every clinic, health center,
1.24or other facility described under subdivision 1, and any other premise proposed to be
1.25conducted as a facility by an applicant for a license, shall be open at all reasonable times
1.26to inspection authorized in writing by the commissioner of health. No notice need be
1.27given to any person prior to any inspection.
2.1    Subd. 3. Licensure fee. (a) The annual license fee for facilities required to be
2.2licensed under this section is $3,712.
2.3    (b) Fees shall be collected and deposited according to section 144.122.
2.4    Subd. 4. Suspension, revocation, and refusal to renew. The commissioner of
2.5health may refuse to grant or renew, or may suspend or revoke a license on any of the
2.6following grounds:
2.7    (1) violation of any of the provisions of this section or Minnesota Rules, chapter 4675;
2.8    (2) permitting, aiding, or abetting the commission of any illegal act in the facility;
2.9    (3) conduct or practices detrimental to the welfare of the patient;
2.10    (4) obtaining or attempting to obtain a license by fraud or misrepresentation; or
2.11    (5) if there is a pattern of conduct that involves one or more physicians in the
2.12facility who have a financial or economic interest in the facility, as defined in section
2.13144.6521, subdivision 3, and who have not provided notice and disclosure of the financial
2.14or economic interest as required by section 144.6521.
2.15    Subd. 5. Hearing. Prior to any suspension, revocation, or refusal to renew a license,
2.16the licensee shall be entitled to notice and a hearing as provided by sections 14.57 to
2.1714.69. At each hearing, the commissioner of health shall have the burden of establishing
2.18that a violation described in subdivision 4 has occurred. If a license is revoked, suspended,
2.19or not renewed, a new application for license may be considered by the commissioner if
2.20the conditions upon which revocation, suspension, or refusal to renew was based have
2.21been corrected and evidence of this fact has been satisfactorily furnished. A new license
2.22may be granted after proper inspection has been made and all provisions of this section
2.23and Minnesota Rules, chapter 4675, have been complied with and a recommendation
2.24for licensure has been made by the commissioner or by an inspector as an agent of the
2.25commissioner.
2.26    Subd. 6. Severability. If any one or more provision, section, subdivision, sentence,
2.27clause, phrase, or word of this section or the application of it to any person or circumstance
2.28is found to be unconstitutional, it is declared to be severable and the balance of this section
2.29shall remain effective notwithstanding such unconstitutionality. The legislature intends
2.30that it would have passed this section, and each provision, section, subdivision, sentence,
2.31clause, phrase, or word, regardless of the fact that any one provision, section, subdivision,
2.32sentence, clause, phrase, or word is declared unconstitutional."
2.33Page 398, line 5, delete "156,186,000" and insert "156,218,000" and delete
2.34"154,326,000" and insert "154,358,000"
2.35Page 398, line 10, delete "51,706,000" and insert "51,738,000" and delete
2.36"51,719,000" and insert "51,751,000"
3.1Page 402, after line 9, insert:
3.2"$32,000 is appropriated in fiscal year 2016
3.3and $32,000 is appropriated in fiscal year
3.42017 from the state government special
3.5revenue fund for licensing activities under
3.6Minnesota Statutes, section 145.417."
3.7Page 402, line 9, delete "45,529,000" and insert "45,561,000" and delete
3.8"45,647,000" and insert "45,679,000"