Montana Code 50-20-902. Licensure of abortion clinics — application — fee
50-20-902. Licensure of abortion clinics — application — fee. (1) A person may not operate or advertise the operation of an abortion clinic unless the person is licensed by the department.
Terms Used In Montana Code 50-20-902
- Abortion: means the use or prescription of any instrument, medicine, drug, or other substance or device to intentionally terminate the pregnancy of a woman known to be pregnant, with an intention other than to increase the probability of a live birth, to preserve the life or health of the child after live birth, or to remove a dead fetus. See Montana Code 50-20-104
- Abortion clinic: means a facility that:
(i)performs surgical abortion procedures; or
(ii)provides an abortion-inducing drug. See Montana Code 50-20-901
- Affiliate: means an organization that directly or indirectly:
(a)owns or controls another organization;
(b)is owned or controlled, in whole or in part, by another organization;
(c)is related by shareholdings or other means of control to another organization;
(d)is a parent or subsidiary of another organization; or
(e)is under common control with another organization. See Montana Code 50-20-901
- Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 50-20-104
- Facility: means a hospital, health care facility, physician's office, or other place in which an abortion is performed. See Montana Code 50-20-104
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
(2)An applicant for licensure as an abortion clinic shall apply on a form prescribed by the department containing information requested by the department pursuant to [section 3], including:
(a)an attestation that the applicant is of reputable and responsible character and is able to comply with rules adopted under 50-20-903;
(b)the name of the applicant;
(c)the location of the abortion clinic and the name of the person in charge of the abortion clinic;
(d)the qualifications of the applicant or of the medical practitioners employed by or to be employed by the abortion clinic to perform surgical abortion procedures or to prescribe, administer, or provide abortion-inducing drugs; and
(e)disclosures regarding:
(i)whether the applicant or an owner or affiliate of the applicant operated an abortion clinic that was closed as a direct result of patient health and safety;
(ii)whether an owner or clinic staff member has been convicted of a felony offense; and
(iii)whether an owner or clinic staff member was ever employed by a facility owned or operated by the applicant that closed because of administrative or legal action.
(3)An applicant for licensure shall include with the application copies of:
(a)administrative and legal documentation relating to information required under subsections (2)(e)(i) and (2)(e)(ii);
(b)inspection reports, if any; and
(c)violation remediation contracts, if any.