Montana Supreme Court Expands Types of Clinicians Who Can Provide Abortions 

05.12.2023 (PRESS RELEASE) – Today, the Montana Supreme Court struck down a criminal law that limited access to abortion by preventing advanced practice registered nurses (APRNs) from providing abortion care. Last year, a lower court permanently blocked the law, protecting Montana APRNs and their ability to provide abortion care. The Montana Supreme Court unanimously upheld that decision today, reaffirming the right to abortion under the state constitution and effectively expanding access in the state. This ruling comes just months after Montana voters rejected an anti-abortion ballot measure in the midterm elections.

In its decision striking down the law, the Montana Supreme Court reaffirmed that the state constitution guarantees the right of Montanans to seek abortion care from a qualified healthcare provider of their choice. “Abortions remain one of the safest procedures when performed collectively by health care providers, including APRNs,” all seven justices wrote. They recognized that “the record is devoid of any evidence that APRNs providing abortion care present a medically acknowledged, bona fide health risk to Montana women.”

APRNs are specialized medical providers that have earned the highest levels of nursing education and training, such as nurse practitioners and certified nurse midwives. Evidence shows that APRNs are able to provide abortion care with the same safety, efficacy, and quality as physicians and physician assistants. Major health organizations including the American College of Obstetricians and Gynecologists, the American Public Health Association, and the World Health Organization have all stated that laws prohibiting APRNs from providing abortion care are medically unnecessary.

“Today’s decision is a huge victory for Montanans and ensures that the state will continue to protect abortion care under its constitution in the wake of the Supreme Court’s unconscionable reversal of Roe v. Wade,” said Nancy Northup, president and CEO of the Center for Reproductive Rights. “Montana is a small state in population, but this is a big win for abortion care because every state it borders has banned abortion. People in the Dakotas and Idaho are traveling to Montana for abortion care. This decision will increase the number of clinicians who can provide abortion care in Montana, resulting in greater abortion access for people across the Northwest.”    

“This ruling is a win for all Montanans and those seeking abortion services in our region,” said Alex Rate, ACLU of Montana’s Interim Co-Executive Director. “Allowing APRNs to perform these services ensures Montanans maintain their constitutional right to access the quality healthcare they need.”

“We are beyond thrilled that nurse practitioners across Montana can continue to serve their communities with the care that they need,” said Helen Weems, APRN and owner of All Families Healthcare clinic. “Montana lawmakers have been relentless in their efforts to restrict access to essential health care. It is more important than ever to protect our patients and their ability to make decisions about their health and families, and I look forward to continuing to make abortion care more accessible in our state.”

The APRNs who brought the case argue that the law violates the right to privacy and procreative autonomy under the state constitution. Abortion access is already limited in Montana, and laws that restrict who can provide such care make it harder for patients to find abortion services. Since Roe v. Wade was overturned, abortion has become illegal in 13 states, largely across the South and Midwest. At least 66 clinics nationwide have been forced to cease abortion services. There has been an influx of patients seeking care in Montana, many of whom have had to travel hundreds of miles to reach the nearest provider in the state. Today’s decision expands the eligible pool of abortion providers in Montana, giving Montanans and the region greater access to abortion care. 

In 1997, the Center for Reproductive Rights challenged a similar Montana law restricting the provision of abortion to physicians only. The law targeted Susan Cahill, the only physician assistant providing abortion services in the state at the time. The Montana Supreme Court struck down the law because it violated protections for privacy and procreative autonomy under the state constitution, which includes an individual’s right to obtain an abortion from a health care provider of their choice. 

The case decided today was filed in 2018 by the Center for Reproductive Rights and the American Civil Liberties Union of Montana on behalf of two advanced practice registered nurses (APRNs). The Center and partners also recently challenged a new rule that would effectively eliminate abortion access for Medicaid patients in Montana. The rule has been blocked while the case proceeds.

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MEDIA CONTACTS:

Center for Reproductive Rights: [email protected]

ACLU of Montana: [email protected]