A disputed law that creates a new license for Montana abortion clinics is taking shape after the state health department recently released the proposed rules package detailing it wants to require. That comes after long delays sparked confusion and concern among providers. The rules bundle sets standards for the physical footprint of clinics such as exam room size and hallway width.
A medical director must be a physician, though that employee doesn't have to be physically onsite. Housekeeping must be provided daily. Clinics must have a written transfer agreement with a hospital in the case of an emergency.
The package calls for extensive record-keeping, specific sterilization protocols and a slew of written procedures, among other requirements. Supporters say licensure ensures patient safety and quality of care. Critics rebuke it as an effort to make it harder for abortion providers to exist in Montana, possibly leading to closure.
The need for this rulemaking process stems from House Bill 937, passed by the 2023 Legislature. It applies to any facility that performs surgical abortions or provides abortion-inducing drugs to five or more patients a year, except for hospitals and outpatient centers for surgical services. “Even my beauty shop, which doesn’t provide surgeries, is required to be licensed and inspected by the health department,” said Sharon Nason, who chairs Pro-Life Montana, a nonprofit that aims to make abortion “unthinkable,” during last week’s public .