Montana DPHHS taking comment on proposed abortion clinic license rules

HELENA — The Montana Department of Public Health and Human Services is currently taking public comment on a proposed set of rules for licensing abortion providers in the state. On Friday, they took input during an online public hearing.

DPHHS released the rules last month, as part of the implementation of House Bill 937, a state law from last year that required abortion clinics to get a license.

The proposed rules include physical standards like minimum sizes for patient rooms and hallways, requirements for staff policies and procedures, and rules that clinics must have a physician as a medical director and a written agreement with a hospital to transfer patients experiencing a medical emergency.

“Most of the proposed requirements for abortion clinics are based on the licensure and regulatory requirements for outpatient centers for surgical services, while some are derived from the regulatory requirements and minimum standards imposed on all health care facilities,” DPHHS said in its statement explaining the rules. “In the department’s judgment, these current regulatory requirements represent the appropriate level of regulatory requirements to impose on abortion clinics.”

The department said five abortion providers in Montana would fall under these rules. Once they go into effect, clinics will have to apply for a license within 30 days.

On Friday, supporters of the proposed rules said they were reasonable requirements that would protect patients’ health and safety. They said the proposals were in line with what other medical providers would need to follow.

Karysse Hutson, an obstetrician and gynecologic surgeon in Flathead County, said she had treated patients who had complications after abortions, and she didn’t have medical notes or history to use when deciding on treatment.

“One portion of the rules that are being proposed are ensuring that the abortion doctor has direct continuing care of their patient if there is emergency services required, and that’s commonplace, routine practice for physicians at any outpatient surgical center,” she said.

But opponents – including representatives from all of Montana’s abortion providers – said the new rules were unnecessary and part of a pattern of targeting these clinics with bureaucratic hurdles. They said clinics are already subject to oversight, and that abortion care remains safe.

Helen Weems is an advanced practice registered nurse who operates All Families Healthcare in Whitefish – and she was at the center of a recent case in which the Montana Supreme Court overturned a state law that said only physicians and physician assistants could perform abortions. She said these proposed rules could force All Families to shut down.

“A forced closure would deny countless Montanans access to compassionate, empowering and lifesaving care,” said Weems. “All Families does not have a large operating room, nor do we have a physician medical director. We do not have and cannot have six-foot-wide hallways. These requirements are not necessary for the safe delivery of abortion care.”

All Families and Weems, along with Blue Mountain Clinic in Missoula, already sued over HB 937 last year. A Helena judge put a temporary restraining order on the law, preventing the state from enforcing the license requirement until at least 60 days after these rules take effect. In addition, his ruling says the plaintiffs may bring the rules into the lawsuit once they’re adopted.

DPHHS will be accepting public comment on the proposed rules through next Friday, Aug. 23, at 5 p.m. Comments can be mailed to Bailey Yuhas, Department of Public Health and Human Services, Office of Legal Affairs, P.O. Box 4210, Helena, Montana, 59604-4210; sent by fax to (406) 444- 9744; or emailed to hhsadminrules@mt.gov.