DE SB45

Establishes the "Women's Health Protection Act" creating a licensure and regulatory framework for abortion clinics in Delaware, effective January 1, 2012.

Requires abortion clinics (defined as facilities performing 5+ first trimester abortions monthly or any second/third trimester abortions) to obtain annual licenses from the Department of Health and Social Services for a $600 fee.

Mandates Department adoption of minimum standards for clinic operations including physical facilities, equipment (including ultrasound), personnel qualifications, patient medical screening, ultrasound evaluation procedures, recovery room standards, and incident reporting requirements.

Specifies that abortion clinics must employ at least one physician with admitting privileges at an accredited hospital within 30 miles and requires a licensed medical director; physicians must demonstrate competence and be acceptable to the medical director.

Establishes criminal penalties (Class F and G Felonies) for operating unlicensed clinics and violating regulations, and civil penalties up to $5,000 per violation per day, with authority for injunctive relief.