Health Facility Regulation | Hospital and Outpatient Services | Abortion Clinics | Ambulatory Surgery Centers | Birth Centers | Comprehensive Outpatient Rehab. Centers | Crisis Stabilization Units and Short Term Residential Treatment Facilities | Diagnostic Imaging | Hospitals | Partial Hospitalization Programs | Portable X-ray | Rehabilitation Agencies | Residential Treatment Centers for Children and Adolescents | Residential Treatment Facilities | Risk Manager | Rural Health Clinics | Utilization Review

Laura MacLafferty, Unit Manager
Hospital & Outpatient Services Unit
Bureau of Health Facility Regulation
2727 Mahan Drive, Mail Stop #31
Tallahassee, Florida 32308
Telephone: (850) 412-4549
Fax: (850) 922-4351
Email: Laura.MacLafferty@ahca.myflorida.com

Abortion Clinic

An abortion clinic is a licensed facility for the termination of pregnancy. This does not include a hospital or a physician's office that is not used primarily for the performance of pregnancy terminations, but in which abortions are performed.

 

 

Licensure Requirements

Facilities must meet license requirements through the submission of a completed application, required documentation, and completion of a satisfactory survey. The biennial license fee is $522.00 ($537 for licenses expiring on or after July 31, 2012).

Letter to providers regarding the 2012 licensure fee increase.

 

Special Note to Abortion Clinics Operating Non-Waived Clinical Laboratories

State of Florida Certificate of Exemptions previously required to perform clinical laboratory tests in the waived category are no longer issued. For more information, visit the Laboratory Licensure Unit web page for waived laboratories.

Effective September 1, 2010, application processing of clinical laboratory licenses (non-waived testing) under the same ownership/control as the abortion clinic will be the responsibility of the Agency's Hospital & Outpatient Services Unit. Unless expiring sooner, clinical laboratory renewal applications will be due when the next abortion clinic renewal application is due and all applications will be reviewed concurrently.

  • Clinical laboratory licenses expiring more than 120 days before the abortion clinic license must submit a renewal application to extend the expiration date to match the abortion clinic expiration date. Applications submitted less than 60 days prior to the laboratory license expiration date will be subject to a late fee.

  • Clinical laboratory licenses expiring 120 days or less before the abortion clinic license must submit an application to extend the expiration date as above and for the following biennium (2-year licensure period); however, documents do not need to be duplicated.

  • Clinical laboratory licenses expiring any time after the abortion clinic license must submit a renewal application at the same time as the abortion clinic license.

  • Renewal reminder letters will include information to prorate the laboratory licensure fee.

  • Any clinical laboratory applications not received with the abortion clinic renewal application (as appropriate) will be cited as an omission to the abortion clinic application and may cause administrative action to be taken against all licenses under the control of the licensee.

  • Separate abortion clinic and clinical laboratory licenses will be issued, although the expiration date of the clinical laboratory license will be aligned with the abortion clinic expiration date.

  • Changes to the clinical laboratory license application process will not affect the CLIA certificate or scheduling of inspections.

  • A clinical laboratory renewal application is available on this web page. Regulatory references and additional lab related information can be found on the Laboratory Licensure page.

 

Initial Application

This includes new facilities and reactivation of an expired license.  At least 60 days before the effective date, an applicant must submit a licensure application, fees and supporting documents.  When all required information is received and acceptable, a licensure survey will be scheduled.  A license will be issued when documentation of a successful licensure survey is complete and filed.  Please note a valid license is required before services can be provided.

Renewal

To renew a current state license, the licensure application, renewal fee and supporting documents must be submitted to the Agency 120 to 60 days prior to the expiration date. A late fee of $50 per day, up to $500 will be assessed for any application not received 60 days prior to expiration. NOTE: A renewal application will not be accepted if the license is expired. An initial license application must be filed if the license has expired.

Change of Ownership (CHOW)

Chapter 408.803, Florida Statutes defines "Change of ownership" as: an event in which 51 percent or more of the ownership, shares, membership, or controlling interest of a licensee is in any manner transferred or otherwise assigned. This does not apply to a licensee that is publicly traded on a recognized stock exchange. Also, a change solely in the management company or board of directors is not a change of ownership.

The licensure application, fee and supporting documents must be submitted at least 60 days prior to the date of acquisition of the abortion clinic.  Before the application can be approved, a bill of sale or other closing document signed by the buyer and the seller and showing the effective date of the transfer must be received by the Agency.

Other Change During the Licensure Period

A change of physical address requires submission of an AHCA Form 3130-1000 (Abortion Clinic Health Care Licensing Application) and the $25 change fee.  Other documents that may be required include AHCA Form 3100-0007 and documentation verifying the applicant’s right to occupy the premises at the new address (i.e. warrant or quit claim deed; lease or rental agreement).

A change in services provided requires submission of an AHCA Form 3130-1000 (Abortion Clinic Health Care Licensing Application) and the $25 change fee.  If the clinic is adding services not currently provided, a license authorizing the additional services will be issued when documentation of a successful licensure survey is completed.  Please note a valid license is required before the additional services can be provided.

Voluntary Termination of a License

A licensee must inform the agency not less than 30 days prior to the discontinuance of operation and comply with the requirements listed in Chapter 408.810(4), Florida Statutes.

Applications and Supporting Forms

Form Number Name For Description
AHCA Form 3130-1000

Abortion Clinic Health Care Licensing Application (Word)

Abortion Clinic Health Care Licensing Application (PDF)

Please use the application form(s) below for licenses expiring on or after July 31, 2012. (License fee increase from $522 to $537.)

2012 Fee Increase_Abortion Clinic Health Care Licensing Application (Word)

2012 Fee Increase_Abortion Clinic Health Care Licensing Application (PDF)


All application types Standard abortion clinic application required to apply for or modify an abortion clinic license.
AHCA Form 3110-1024

Application Addendum (Word)

Application Addendum (PDF)

Initial
Renewal
CHOW

Please provide this information to comply with the reporting requirements of Chapter 408, Part 11, Florida Statutes. Use of the form is not required if the same information is provided by other means.
AHCA Form 3100-008 Affidavit of Compliance with Background Screening Requirements

Initial
Renewal
CHOW
(if applicable)

Use this form to document current level 2 background screening performed via another state agency in lieu of submitting a fingerprint card and fee to AHCA.  Screening results must be attached.
AHCA Form 3170-2004

Clinical Laboratory Applications

Initial
Renewal
CHOW
(Miscellaneous)

Clinical laboratory licenses under the same ownership/control as the abortion clinic must concurrently submit a clinical laboratory application.
  Business Articles Initial
CHOW
Articles of Incorporation or similarly titled document as filed with the Florida Department State.
  Proof of right to occupy premises Initial
CHOW
Change of Address
Any documentation verifying the applicant’s right to occupy the premises at the physical address of the clinic (i.e. warrant or quit claim deed; lease or rental agreement).
  Compliance with zoning requirements Initial
CHOW
Change of Address
Any documentation from a local government identifying the facility is in compliance with local zoning requirements.
  Certificate of Occupancy

Initial due to new construction.

Change of address due to new construction.

Specific documentation from a local government granting the right to occupy a facility.

  Management Agreement Initial
CHOW
(if applicable)
Contract between the owner and a management company for management of services.
  Closing Document CHOW Bill of sale or similar document signed by the buyer and the seller indicating the date of transfer of ownership.
  Statement of outstanding deficiencies CHOW Statement from the buyer assuring any uncorrected licensure survey deficiencies will be corrected timely.
  Statement of outstanding payments CHOW Statement from the buyer identifying any outstanding balance owed AHCA, and indicating who will pay and when.

 

Mandatory Monthly Report

Chapter 390.0112, Florida Statutes, requires each abortion clinic director to submit a monthly report to the Agency. The report must be submitted within 30 days following the preceding month. The statute requires that data reported shall be kept confidential. The individual monthly report is not permitted to be released to anyone except upon court order in a civil or criminal proceeding. The report must be submitted for each month that the abortion clinic is licensed, even if no pregnancies were terminated during the preceding month. The statute permits a $200 fine to be imposed if reports are not submitted timely.

Pursuant to Rule 59A-9.034, Florida Administrative Code, effective July 13, 2008, the monthly report must be submitted electronically to the Agency.

ITOP Provider Enrollment User Agreement and Instructions

ITOP Monthly Reporting System

 

Background Screening

A level 2 background screen is required of the administrator responsible for the day to day operations of the facility and the chief financial officer. Please visit the Agency's background screening web page for additional information regarding vendors, fees, locations etc. Background screens must be repeated every 5 years.

 

General Forms

Form 3130-1002 Jan 06: Refusal of Rh(D) Immunoglobulin (20K PDF)

Statute/Rule Authority

Chapter 390, Florida Statutes

Chapter 59A-9, Florida Administrative Code

Chapter 408, Part II, Florida Statutes

Chapter 59A-35, Florida Administrative Code

 
Updated April 6, 2012
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Health Facility Regulation | Hospital and Outpatient Services | Abortion Clinics | Ambulatory Surgery Centers | Birth Centers | Comprehensive Outpatient Rehab. Centers | Crisis Stabilization Units and Short Term Residential Treatment Facilities | Diagnostic Imaging | Hospitals | Partial Hospitalization Programs | Portable X-ray | Rehabilitation Agencies | Residential Treatment Centers for Children and Adolescents | Residential Treatment Facilities | Risk Manager | Rural Health Clinics | Utilization Review

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