Montana Code Annotated 2023

TITLE 50. HEALTH AND SAFETY

CHAPTER 20. ABORTION

Part 9. Licensure and Regulation of Abortion Clinics

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.

(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 50-20-903, 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.

History: En. Sec. 2, Ch. 492, L. 2023.