The Montana Supreme Court upheld a lower court ruling that held that the state failed to demonstrate that advanced practice registered nurses performing abortions present a medically acknowledged, bona fide health risk that would allow it to restrict the availability of abortion care by preventing APRNs from performing abortions.
The state of Montana appealed the decision, issued by the First Judicial District Court, Lewis and Clark County. On Feb. 25, 2022, that court held that § 50-20-109(1)(a) (2005), MCA, a law that restricts providers of abortion care to physicians and physician assistants (PAs), violated a woman’s fundamental right of privacy to seek abortion care from a qualified health care provider of her choosing, according to the opinion.
