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Montana

Refusal to Provide Medical Services

ABORTION REFUSAL CLAUSE

Montana allows certain individuals or entities to refuse to provide abortion services.

To whom does the refusal clause apply?  Individuals, partnerships, associations, corporations, private hospitals, or health-care facilities.

What does the refusal clause allow?  An individual, partnership, association, or corporation may refuse to participate in abortion services or to provide advice concerning abortion because of religious beliefs or moral convictions. The refusal of an individual, partnership, association, or corporation to participate or provide advice may not be a basis for damages, discrimination, loss of public benefits, or other recriminatory action.

No private hospital or health-care facility may be required, contrary to religious or moral tenets or stated religious beliefs or moral convictions, to admit a woman for the purpose of abortion services or to permit the use of its facilities for abortion care. The refusal of a private hospital or health-care facility to admit for or permit abortion services may not be a basis for liability, discrimination, loss of public benefits, or other recriminatory action.

An individual, partnership, association, or corporation injured by violation of these provisions may sue for damages and injunctive relief.

Does the law require the refusing entity to notify the persons affected?  No.

Are there circumstances under which a refusal clause may not be exercised?  No.

Does the law require the refusing individual or entity to provide medically and factually accurate information or provide a referral for abortion services?  No.

Does the law provide a mechanism for women to otherwise obtain specific reproductive-health services, information, or referrals if an individual and/or entity exercises a refusal clause?  No.

Mont. Code Ann. § 50-20-111 (Enacted 1974).

STERILIZATION REFUSAL CLAUSE

Montana allows certain individuals or entities to refuse to perform or participate in sterilizing procedures.

To whom does the refusal clause apply?  Individuals, partnerships, associations, corporations, private hospitals, or health-care facilities.

What does the refusal clause allow?  An individual, partnership, association, or corporation may refuse to participate in sterilization or to provide advice concerning sterilization because of religious beliefs or moral convictions. The refusal of an individual, partnership, association, or corporation to participate or provide advice may not be a basis for damages, discrimination, loss of public benefits, or other recriminatory action.

No private hospital or health-care facility may be required, contrary to religious or moral tenets or stated religious beliefs or moral convictions, to admit a woman for the purpose of sterilization or to permit the use of its facilities for sterilization. The refusal of a private hospital or health-care facility to admit for or permit sterilization may not be a basis for liability, discrimination, loss of public benefits, or other recriminatory action.

Anyone injured by violation of these provisions may sue for damages and injunctive relief.

Does the law require the refusing entity to notify the persons affected?  No.

Are there circumstances under which a refusal clause may not be exercised?  No.

Does the law require the refusing individual or entity to provide medically and factually accurate information or provide a referral for sterilization services?  No.

Does the law provide a mechanism for women to otherwise obtain specific reproductive-health services, information, or referrals if an individual and/or entity exercises a refusal clause?  No.

Mont. Code Ann. §§ 50-5-501, -02, -03, -04, -05 (Enacted 1974).


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