Proposed rules would put new limits on Montana abortion clinics
The rules are ‘purely about creating havoc and hardship for abortion providers,’ Montana nurse practitioner Helen Weems said.
Just as a state constitutional amendment to protect abortion care is poised to appear on the November ballot, Montana’s Department of Public Health and Human Services has released a proposed set of stringent rules to be put in place for medical facilities that provide abortion care.
The new rules would make it more difficult for providers to operate the three clinics in the state that provide abortions outside of hospitals and surgical centers and for patients to get the care they need.
On July 26, the Department of Public Health published a notice of a virtual public hearing on the rules to be held on Aug. 16. The rules are wide-ranging and similar to laws enacted in several other states known as TRAP laws, or targeted restrictions on abortion providers.
TRAP laws are often painted as a way of protecting patient safety, but in truth, the Guttmacher Institute says, they force clinics that provide abortions to meet standards that are both costly and medically unnecessary. Guttmacher says 23 U.S. states have such laws on the books.
The 17 pages of rules, which would not apply to hospitals and outpatient surgical centers, would require patient rooms and hallways in facilities to meet minimum size limits. Clinics would be required to submit to annual license inspections to determine compliance. The rules would also require background checks of all staff. Clinics would be required to maintain a detailed patient file for every person who received care at the facilities. Additionally, every clinic would have to be run by a licensed physician in good standing with the Montana Board of Medical Examiners.
In May 2023, Republican Gov. Greg Gianforte signed into law House Bill 937, licensing legislation for clinics that perform abortions. He additionally signed into law H.B. 721, a ban on abortion after 15 weeks of pregnancy, as well as a bill restricting the use of Medicaid to cover abortion and a ban on dilation and evacuation abortions, surgical procedures used to terminate a pregnancy after the first trimester.
In September 2023, Helen Weems, a nurse practitioner who operates All Families Healthcare in Whitefish, and the operators of the Blue Mountain Clinic in Missoula filed a lawsuit in Lewis and Clark County District Court against H.B. 937, arguing that facilities performing abortions were being unfairly targeted by the restrictions.
Judge Chris Abbott in Helena granted a temporary restraining order against one section of the bill and directed the Department of Public Health to establish what rules would need to be followed to license a clinic.
“These requirements, including the requirement that abortion clinics have a physician medical director, are not about patient health or safety — they are purely about creating havoc and hardship for abortion providers,” Weems said in an interview with KFF Health News.
The public has 30 days to comment on the proposed rules, including the Aug. 16 public hearing. After that time, the health department will finalize the regulations.
