Montanans testify on new abortion clinic licensure rules

HELENA — Proponents and opponents of new licensure requirements for Montana abortion clinics testified Friday in a virtual public hearing, presenting conflicting views on state regulations for these health care providers.

The hearing follows a 2023 Republican-backed law, House Bill 937, which aimed to license abortion clinics but was blocked in court for vagueness. The state Department of Public Health and Human Services now proposes new licensure rules.

The 17-page rule packet outlines changes to lighting, hallway width, staff training, emergency protocols, and requires the chief medical officer to be a physician.

“Most proposed requirements align with licensure standards for outpatient surgical centers and some general health care facilities,” the proposed rules state. “These current regulatory requirements represent an appropriate level of regulation for abortion clinics.”

Opponents argue the rules unfairly target abortion clinics and act as a “targeted restriction of abortion providers,” potentially closing clinics.

Six proponents, including two Charlotte Lozier Institute physicians and a Montana Family Foundation representative, supported the regulations.

“Abortion centers should meet the same standards as other medical facilities. Women deserve equal care standards,” said Kathi Aultman, a retired doctor and Charlotte Lozier contributor.

Eleven opponents, including abortion providers, stressed they follow existing state and federal health regulations and do not need additional state licenses.

Helen Weems, an advanced practice nurse and abortion provider in Whitefish, said her clinic, All Families Health, could be forced to shut down if the requirements are enforced.

“All Families doesn’t have a large operating room or a physician medical director, nor can we comply with six-foot-wide hallways. These requirements are unnecessary for safe abortion care,” Weems said. “They apply only to abortion providers, not those offering miscarriage management, which is medically identical.”

The health department estimates the standards will impact five abortion clinics but did not specify which ones.

Opponents also criticized the requirement for physical exams, arguing it would prevent mailing abortion medicine and telemedicine consultations.

“The result is restricted access, increased costs, and delays. These restrictions don’t reduce abortion demand but instead cause delays, long-distance travel, or unsafe self-induced abortions,” said Stephanie McDowell, executive director of Bozeman’s Bridgercare.

The lawsuit over HB 937 is paused while the health department’s rules undergo public comment. The law is blocked for 60 days after the health department adopts the new regulations, after which attorneys will review them.

The deadline for submitting comments is Aug. 23.