Rule 37.106.3102 - MINIMUM STANDARDS FOR ABORTION CLINICS: LICENSING(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.Mont. Admin. r. 37.106.3102
NEW, 2024 MAR p. 2242, Eff. 9/21/2024AUTH: 50-20-903, MCA; IMP: 50-5-101, 50-20-902, 50-20-903, 50-20-904, MCA