Current through Register Vol. 18, September 20, 2024
(1) A clinic or other facility that performs
surgical abortions or that provides abortion-inducing drugs to five or more
patients each year must be licensed as an abortion clinic.
(a) The following are not abortion clinics
and are not required to be licensed as such:
(i) a hospital as defined in
50-5-101, MCA;
(ii) a critical access hospital as defined in
50-5-101, MCA;
(iii) a rural emergency hospital as defined
in 50-5-101, MCA;
(iv) an outpatient center for surgical
services as defined in
50-5-101, MCA; and
(v) a facility that provides, prescribes,
administers, or dispenses an abortion-inducing drug to fewer than five patients
each year.
(2)
An application for licensure of an abortion clinic must be received by the
department, and must include:
(a) name of the
applicant;
(b) location of the
abortion clinic;
(c) administrator
of the abortion clinic;
(d) medical
director of the abortion clinic;
(e) qualifications of the administrator,
medical director, and all professional staff;
(f) disclosures regarding:
(i) whether the applicant, owner, or
affiliate has operated an abortion clinic that was closed as a direct result of
issues of patient health and safety;
(ii) whether the owner or any clinic staff
has been convicted of a felony offense; and
(iii) whether the owner or any clinic staff
was ever employed by a facility owned or operated by the applicant that closed
because of administrative or legal action;
(g) the type(s) of abortions the abortion
clinic will perform or provide, and any gestational limits to such services;
and
(h) an attestation that the
applicant is of reputable and responsible character and is able to comply with
all rules applicable to abortion clinics.
(3) An applicant must submit, with the
application, administrative and legal documentation concerning information
relating to (f); inspection reports, if any; and violation remediation
contracts, if any.
(4) The abortion
clinic will submit a license fee of $450 to the department with the initial
application, and with each annual renewal application.
(5) The department will conduct inspections
of abortion clinics as follows:
(a) Abortion
clinics will receive an annual licensure inspection to determine compliance
with the applicable Administrative Rules of Montana and Montana Code Annotated
related to licensing of abortion clinics.
(b) If the department receives a complaint
relating to an abortion clinic, it will conduct an investigation which may
include additional inspection of the abortion clinic if needed to resolve the
complaint.
(c) Licensed premises
must be open to inspection by the department or its authorized representatives,
and access to all records must be granted to the department, at all reasonable
times.
(6) The department
may deny, suspend, or revoke the license of an abortion clinic pursuant to
50-5-207, MCA.
AUTH:
50-20-903, MCA; IMP:
50-5-101,
50-20-902,
50-20-903,
50-20-904,
MCA
