Facilities for the performance of abortions; application for a permit

Facilities require the permission of the competent government to perform abortions, unless,

• They are included in the hospital plan with the specialty "gynaecology and obstetrics",
• they are operated by a public body in a legal form under public or private law, or
• they are organized as a participation of a public-law institution in a hospital managed in a legal form under private law, in which the predominant influence of the public-law institution is ensured in particular by its majority in the share capital or by its voting rights or by the legal or organizational relationships.

The permit requires an application from the operator or owner of the facility. It is granted if it is proven that the facility

• the requirements of Section 13 (1) of the Pregnancy Conflict Act (SchKG) are met,
• the necessary, professionally qualified personnel are available,
• sufficient emergency intervention is possible,
• premises are available in such a condition that the abortion can be performed in accordance with the rules of medical practice, the requirements of hygiene and without any other risk to the pregnant woman,
• the equipment required to determine the age of the pregnancy and the personnel qualifications to operate it properly are available

and if the provider or owner of the facility guarantees that the legal obligations are complied with when performing abortions.
By way of derogation from the third point, it is sufficient in the case of medication abortions if sufficient emergency intervention is ensured by the facility. Telemedical intervention is excluded.

The fees for issuing a permit are between EUR 60.00 and a maximum of EUR 300.00. The expenses (e.g. inspection costs, postal delivery charges) are to be settled individually in accordance with the Health Fees Ordinance. The costs (fees and expenses) are to be borne by the applicant.

• § Section 13 Act on the Prevention and Management of Pregnancy Conflicts (Pregnancy Conflict Act - SchKG)
• Art. 22 Act on the Public Health Service (Health Service Act - GDG)

The application must be submitted to the competent health authority, which shall forward it without delay to the government in whose jurisdiction the facility is located, together with a statement on the existence of the requirements. The institution must be named in the application of the operator or owner. The competent government shall decide on the application. Permission may be granted subject to conditions or requirements.

Facilities that are willing to perform abortions but do not require a permit in accordance with the provisions listed above under "Description" must notify the public health department of their willingness to do so. They must fulfill the above-mentioned "Requirements".

Insofar as this does not already have to be or has not already been done as part of the licensing or notification procedure, all doctors who are prepared and responsible for performing abortions must provide evidence to the providers or owners of the facilities that they have attended an advanced training course organized or recognized by the Bavarian State Chamber of Physicians on the special professional medical obligations to be observed in connection with the preparation and performance of an abortion. The providers or owners of the facilities must send the certificate of attendance or an officially certified copy thereof to the public health department without delay.

Please note that your data will not be made available to pregnant women solely on the basis of the permission granted or your notification. Information on the name and address of the facilities licensed to perform abortions in Bavaria will only be provided if the respective providers or owners of such a facility have consented to the provision of information.

The maximum processing time is 90 days from the date on which the competent government receives all the necessary documents and information.