Montana Code 50-20-903. Department regulation of abortion clinics — rulemaking
50-20-903. Department regulation of abortion clinics — rulemaking. (1) In accordance with Title 50, chapter 5, the department shall license and regulate abortion clinics as provided in this part and shall enforce the provisions of this part.
Terms Used In Montana Code 50-20-903
- 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
- Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 50-20-104
- Sex: means the organization of the body parts and gametes for reproduction in human beings and other organisms. See Montana Code 1-1-201
(2)The department shall adopt administrative rules for the licensure and operation of abortion clinics, including rules:
(a)establishing minimum license qualifications;
(b)establishing requirements for:
(i)sanitation standards;
(ii)staff qualifications;
(iii)necessary emergency equipment;
(iv)providing emergency care;
(v)monitoring patients after the administration of anesthesia;
(vi)providing follow-up care for patient complications;
(vii)quality assurance;
(viii)infection control;
(ix)the architecture or layout of an abortion clinic;
(x)providing to patients a hotline telephone number to assist women who are coerced into an abortion or who are victims of sex trafficking; and
(xi)obtaining annual training by law enforcement on identifying and assisting women who are coerced into an abortion or who are victims of sex trafficking;
(c)establishing operating policies for maintaining medical records, including the requirement that forms requiring a patient signature be stored in the patient’s medical record;
(d)establishing procedures for the issuance, renewal, denial, and revocation of licenses, including:
(i)the form and content of the license; and
(ii)the collection of an annual license fee of $450, payable to the department for deposit in the general fund;
(e)establishing procedures and standards for inspections; and
(f)establishing procedures for addressing any violations of this section or rules adopted pursuant to this section.