Legislators from the Republican party in the House Judiciary Committee have approved several bills that aim to restrict abortions after the 12-week mark of pregnancy. These bills also include provisions for reporting requirements regarding medication abortions and enhancing medical interventions for non-viable infants who are born alive. Notably, all of this legislation was introduced within a week of a crucial Friday deadline for transferring bills between chambers.
The Legislature’s first half witnessed a sudden influx of contentious policies, leaving minimal room for public feedback before the bills were sent to the Senate for further deliberation. Tuesday saw the successful passage of all three bills, despite persistent opposition from the committee’s six Democrats. This occurred on the same day and immediately after the proposals were slated for hearings.
House Bill 721, sponsored by House Speaker Matt Regier, R-Kalispell, would prohibit abortions after 12 weeks of gestation near the end of the first trimester, when health providers no longer recommend medication to terminate a pregnancy and instead use a dilation and evacuation procedure, also known as a procedural or surgical abortion.
When presenting the bill to lawmakers on the Republican majority committee Monday, Regier strongly criticized the practice as “barbaric.” He urged the lawmakers to concentrate solely on the “dismemberment” of a fetus instead of discussing abortion in its entirety.
Regier clarified, “The intention of this bill is not to restrict a woman’s access to abortion. The abortion debate holds significant importance, and it is a discussion that Montanans will engage in down the line. The decision at hand solely pertains to a specific procedure, namely the dismemberment abortion procedure.”
Those health care providers who perform the described abortions mentioned in Regier’s bill could potentially be subject to a fine of $50,000 and imprisonment for up to 10 years, in addition to facing licensure penalties.
Critics argued against HB 721, claiming that it contained medically incorrect information, provoked hostility, made the practice of medicine illegal, and would restrict access to second trimester abortions, thereby violating Montana’s established legal safeguards for abortion access.
Nicole Smith, executive director of Blue Mountain Clinic in Missoula, expressed her concerns about House Bill 721, labeling it as another abortion ban that would strip away safe and effective care. She emphasized that this ban would disproportionately affect the most vulnerable individuals in Montana, particularly those who already face difficulties accessing care due to financial constraints or travel limitations, leading to potentially harmful delays.
Legislative staff attorneys also said the bill created “potential constitutional conformity issues” with the state Supreme Court’s 1999 ruling granting pre-viability abortion access from a chosen provider. While Regier said HB 721 makes exceptions for medically necessary abortions, attorneys in a legal note attached to the bill said the phrase “medical emergency” was “narrowly defined,” concluding that the bill would ban procedural abortions “at all stages of pregnancy in non-emergency and emergency situations.”
The bill passed Tuesday morning, as did House Bill 625, introduced by Rep. Kerri Seekins-Crowe, R-Billings, which would require medical professionals to work to “preserve the life and health” of an infant who is born alive, regardless of viability, a narrowed version of Legislative Referendum 131 that voters rejected in November.
The bill mandates that an infant is considered “alive” if they exhibit any of the following characteristics: breathing, a beating heart, or voluntary muscle movement. This definition applies regardless of whether the umbilical cord has been cut or the method of delivery (natural or induced labor, cesarean section, induced abortion, or another method). Additionally, it imposes an obligation on healthcare providers to report any violations they become aware of.
According to Seekins-Crowe and other supporters, the bill expands upon the current state laws against infanticide by mandating medical assistance for infants who might not be deemed medically viable.
Opponents argue that HB 625 does not adequately safeguard the privacy of individuals and families going through challenging pregnancies and miscarriages, despite its provision stating that it does not infringe upon the rights of parents who choose not to pursue medical interventions to prolong an infant’s inevitable passing.
According to Julia Maxon from Montana Women Vote, the notion that infants are killed after an abortion is a harmful falsehood aimed at stigmatizing abortion and vilifying both patients and healthcare providers. House Bill 625 is yet another repetitive effort by legislators to meddle in private and personal medical choices that should be solely made between patients and their healthcare providers.
The committee reconvened Tuesday evening and also passed House Bill 786. The bill, brought by Rep. Lola Sheldon-Galloway, R-Great Falls, would require abortion providers to distribute information about potential risks from medication abortions to patients and report that disclosure to the state health department.
Proponents argued that the bill would raise awareness, whereas critics argued that HB 786 would introduce unnecessary bureaucracy to an already secure and closely regulated procedure.
The trio of reproductive restrictions stacked on top of two other bills of a similar nature advanced last week. House Bill 544, implementing prior authorizations for most abortions to be covered by Medicaid insurance, and House Bill 575, barring abortions after 24 weeks of pregnancy unless the mother’s life is at risk, passed the House Judiciary Committee along party lines.
This week, the full body will engage in debates on all five measures as they proceed to the House floor.
