1. (1) The abortion clinic must:

   1. (a) prohibit the use of flammable anesthesia;
   2. (b) have a policy which defines the types of anesthesia that will be used within the abortion clinic;
   3. (c) conduct an assessment prior to the patient's admission as well as prior to surgical abortion to evaluate the risk of anesthesia and of the procedure to be performed; and
   4. (d) have policies that address the pre-operative assessment, the post-anesthesia assessment, and the basis or criteria used in conducting such assessments; and
   5. (e) prevent recirculation of smoke originating within the surgical suite.
2. (2) Anesthesia must be administered only by a physician qualified to administer anesthetic agents or a certified registered nurse anesthetist (CRNA).
3. (3) A pre-operative evaluation of the patient within 24 hours of surgical abortion shall be done by a physician to determine the risk of and anesthesia needed for the procedure.

4. (4) Before discharge, each patient who received anesthesia must be evaluated by a physician or by a CRNA in accordance with applicable state health and safety laws, standards of practice, and abortion clinic policy. This post-anesthesia assessment must include evaluation of:

   1. (a) respiratory function, including respiratory rate, airway patency, and oxygen saturation;
   2. (b) cardiovascular function, including pulse rate and blood pressure;
   3. (c) mental status and level of consciousness;
   4. (d) temperature;
   5. (e) pain;
   6. (f) nausea and vomiting; and
   7. (g) postoperative hydration.

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

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

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