1. (1) The purpose of these rules is to establish the minimum licensing requirements for the licensure of abortion clinics, pursuant to Title 50, chapter 20, part 9, MCA.
2. (2) For purposes of this subchapter, abortion clinics include facilities described at 50-20-901, MCA.
3. (3) Terms used in these rules will have the definitions provided in 50-20-901, MCA.
4. (4) The minimum licensing requirements established by these rules are designed to encompass the requirements which an abortion clinic must meet if it performs or provides all legally permissible abortions.

5. (5) Certain of these requirements may be waived if not necessary in light of the scope of, and any gestational limits on, the abortions to be performed or provided by the applicant or licensed abortion clinic. The license issued by the department will identify such limitations on the scope and gestational age of abortions for which the abortion clinic is licensed, and the requirements that have been waived as a result of such limitations. The failure to comply with such limitations will constitute a violation of the abortion clinic's license.

   1. (a) Unless otherwise provided in these rules, general requirements and provisions and requirements pertaining to the abortion services provided by the abortion clinic may not be waived.

Authorizing statute(s): 50-20-901, 50-20-903, MCA

Implementing statute(s): 50-20-901, 50-20-902, 50-20-903, 50-20-904, MCA

History: NEW, 2024 MAR p. 2242, Eff. 9/21/24.