; and (2) be in compliance with the requirements for ambulatory surgery centers under title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq. ), except for any requirement relating to a certificate of public need for State licensing purposes. (b) Waiver For purposes of complying with subsection (a)(2) with respect to an abortion clinic, a State board of health may waive the application of certain structural requirements (as the Secretary of Health and Human Services determines appropriate). (c) Definition In this section, the term abortion clinic means a facility, other than a hospital or ambulatory surgery center, in which first, second, or third trimester abortions are performed during any 12-month period.