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Montana Sterilization Refusal Clause

This law was last updated on Dec 11, 2018

This law is Anti–Choice




Mont. Code Ann. §§ 50-5-501 to -05




Conscience and Refusal Clauses, Religious Freedom

Full Bill Text

Montana law allows individuals, partnerships, associations, corporations, private hospitals, or health-care facilities to refuse to perform or participate in sterilizing procedures.

Such a refusal to participate, permit, or provide advice may not be a basis for damages, discrimination, loss of public benefits, or other recriminatory action. Nor may any refusal be grounds for loss of any privileges or immunities to which the granting of consent may otherwise be a condition precedent or for the loss of any public benefits.

If requested by any hospital or health-care facility or person desiring sterilization, such refusal must be in writing signed by the person refusing but may refer generally to the grounds of “religious beliefs and moral convictions”.

The law, enacted in 1974, does not require refusing entities or individuals to provide notification or referrals to patients seeking sterilization services.