Mont. Admin. r. 37.106.3104

Current through Register Vol. 23, December 6, 2024

Rule 37.106.3104 - MINIMUM STANDARDS FOR ABORTION CLINICS: POLICIES AND PROCEDURES

(1) Each abortion clinic must have a policy and procedure manual that is readily available to all facility staff, the department, and patients.

(2) A documented review/update to the policy and procedure manual must be done biennially by the facility medical director.

(3) The policy and procedure manual must include a current organizational chart.

(4) At minimum, the manual must include policies and procedures on:

(a) the different services that are offered at the clinic;

(b) maintaining and securing medical records;

(c) security for both patients and staff;

(d) obtaining consent, including:

(i) informed consent by the patient;

(ii) parental consent and/or parental notification with respect to patients under the age of 18, to the extent legally permissible; and

(iii) wait time between consent and treatment;

(e) follow-up care;

(f) initial and ongoing staff training, including:

(i) training on mandatory reporter requirements; and

(ii) law enforcement training, or if law enforcement training is not available, training acceptable to the department, on identifying and assisting women and girls who are coerced into abortion or who are victims of rape, incest, or sex trafficking;

(g) provision to patients of a hotline telephone number to assist women and girls who are coerced into abortion or who may be victims of rape, incest, or sex trafficking;

(h) staff screening and acquisition of a background check;

(i) patient/clinical files, in accordance with ARM 37.106.3107(3);

(j) emergency procedures, in accordance with ARM 37.106.3109(3);

(k) types of anesthesia to be used by the abortion clinic, the conduct of anesthesia assessments, and the criteria to be used in conducting anesthesia assessments, in accordance with ARM 37.106.3110(1)(b) through (d), (3), and (4)];

(l) infection controls, in accordance with ARM 37.106.3112(2) and (3); and

(m) if the clinic is licensed to perform abortions after the point when an unborn child may survive the procedure, measures to be taken to ensure that an infant that is born alive during an abortion procedure receives appropriate care, including lifesaving measures, consistent with and in compliance with the requirements of federal and state law.

Mont. Admin. r. 37.106.3104

NEW, 2024 MAR p. 2242, Eff. 9/21/2024

AUTH: 50-20-903, MCA; IMP: 50-20-804, 50-20-903, MCA