H.F. _____ Section 1. NEW SECTION . 146F.1 Definitions. 1 As used in this chapter, unless the context otherwise 2 provides: 3 1. “Abortion” means the termination of a human pregnancy 4 with the intent other than to produce a live birth or to remove 5 a dead fetus. 6 2. “Abortion facility” means a place where abortions, 7 including medication abortions, are performed. 8 3. “Abortion-inducing drug” means a drug, medicine, mixture, 9 or preparation, when prescribed or administered with the intent 10 to terminate the pregnancy of a woman known to be pregnant. 11 “Abortion-inducing drug” includes mifepristone and misoprostol. 12 4. “Department” means the department of inspections and 13 appeals. 14 5. “Medication abortion” means an abortion induced by an 15 abortion-inducing drug. 16 Sec. 2. NEW SECTION . 146F.2 Abortion facility license. 17 A person shall not establish or operate an abortion facility 18 in this state without an appropriate license issued pursuant 19 to this chapter. Each abortion facility shall have a separate 20 license. An abortion facility license is not transferable or 21 assignable. 22 Sec. 3. NEW SECTION . 146F.3 Exceptions to abortion facility 23 license requirement. 24 The following facilities are exempt from the licensing 25 requirement pursuant to this chapter: 26 1. A hospital licensed pursuant to chapter 135B. 27 2. The office of a physician who is licensed pursuant to 28 chapter 148, unless the physician primarily performs abortions. 29 Sec. 4. NEW SECTION . 146F.4 Application for abortion 30 facility license —— contents —— fee —— inspection —— renewal —— 31 penalties. 32 1. An applicant for an abortion facility license shall 33 submit an application to the department on a form prescribed 34 by the department. The application shall be accompanied by 35 -1- LSB 6332YC (2) 88 pf/rh 1/ 4

H.F. _____ a nonrefundable license fee in an amount, not to exceed two 1 thousand dollars, established by rule of the department adopted 2 pursuant to chapter 17A. 3 2. The application shall contain evidence that there is 4 at least one physician on the staff of the facility licensed 5 pursuant to chapter 148. The department shall issue a license 6 if, after inspection, the department finds that the applicant 7 and the abortion facility meet the requirements of this chapter 8 and the rules adopted pursuant to chapter 17A to administer 9 this chapter. 10 3. As a condition for renewal of a license, a licensee 11 shall submit to the department an annual license renewal fee, 12 not to exceed two thousand dollars, established by rule of the 13 department adopted pursuant to chapter 17A. 14 4. A facility that does not comply with this chapter is 15 subject to denial, suspension, or revocation of a license to 16 operate an abortion facility. 17 Sec. 5. NEW SECTION . 146F.5 Compliance inspections. 18 The department shall inspect an abortion facility prior to 19 initial issuance of the facility’s license and annually prior 20 to renewal of the license, and may inspect an abortion facility 21 at reasonable times as necessary to ensure compliance with this 22 chapter. 23 Sec. 6. NEW SECTION . 146F.6 Adoption of rules —— minimum 24 standards for abortion facilities. 25 1. The department shall adopt rules pursuant to chapter 17A 26 for the issuance, renewal, denial, suspension, and revocation 27 of a license to operate an abortion facility. 28 2. The department shall adopt rules pursuant to chapter 17A 29 to establish minimum standards to protect the health and safety 30 of a patient of an abortion facility. The minimum standards 31 shall be evidence-based and shall address all of the following: 32 a. Facility safety and sanitation. 33 b. The qualifications and supervision of professional and 34 other personnel. 35 -2- LSB 6332YC (2) 88 pf/rh 2/ 4

H.F. _____ c. Emergency equipment and procedures to provide emergency 1 care. 2 d. Medical records and reports. 3 e. Procedure and recovery rooms. 4 f. Infection control. 5 g. Medication control. 6 h. Quality assurance. 7 i. Facility and laboratory equipment requirements, 8 sanitation, testing, and maintenance. 9 j. Information on and access to patient follow-up care. 10 k. Patient screening, assessment, and monitoring. 11 EXPLANATION 12 The inclusion of this explanation does not constitute agreement with 13 the explanation’s substance by the members of the general assembly. 14 This bill relates to the licensing and inspection of 15 abortion facilities including those that provide medication 16 abortions. 17 The bill prohibits a person from establishing or operating 18 an abortion facility in the state without an appropriate 19 license. Each abortion facility shall have a separate license, 20 and the license is not transferable or assignable. 21 The bill provides that a hospital licensed pursuant to Code 22 chapter 135B, and the office of a licensed physician who does 23 not primarily perform abortions, are exempt from the licensing 24 requirements. 25 The bill provides for application for a license, accompanied 26 by a nonrefundable license fee in an amount, not to exceed 27 $2,000, established by administrative rule of the department 28 of inspections and appeals (DIA). The application shall 29 contain evidence that there is at least one licensed physician 30 on the staff of the facility. DIA shall issue a license 31 if, after inspection, DIA finds that the applicant and the 32 abortion facility meet the requirements of the bill and the 33 administrative rules adopted to administer the bill. As a 34 condition for renewal of a license, a licensee shall submit 35 -3- LSB 6332YC (2) 88 pf/rh 3/ 4

H.F. _____ an annual license renewal fee, not to exceed $2,000, as 1 established by administrative rule of DIA. 2 DIA is required to inspect an abortion facility prior to 3 initial issuance of the facility’s license and annually prior 4 to renewal of the license, and may inspect an abortion facility 5 at reasonable times as necessary to ensure compliance with the 6 bill. 7 DIA shall adopt administrative rules for the issuance, 8 renewal, denial, suspension, and revocation of a license 9 to operate an abortion facility; and to establish minimum 10 standards to protect the health and safety of a patient 11 of an abortion facility. The minimum standards shall 12 be evidence-based and shall address facility safety and 13 sanitation; the qualifications and supervision of professional 14 and other personnel; emergency equipment and procedures 15 to provide emergency care; medical records and reports; 16 procedure and recovery rooms; infection control; medication 17 control; quality assurance; facility and laboratory equipment 18 requirements, sanitation, testing, and maintenance; information 19 on and access to patient follow-up care; and patient screening, 20 assessment, and monitoring. 21 A facility that does not comply with the licensing and 22 inspection requirements of the bill is subject to denial, 23 suspension, or revocation of a license to operate an abortion 24 facility. 25 -4- LSB 6332YC (2) 88 pf/rh 4/ 4