Judge rules against Montana law limiting abortion providers | Health-med-fit

Helena, Mon. (AP) — Montana state law prohibiting senior practice registered nurses from performing early abortion procedures is unconstitutional, and state judges ruled on Friday.

Judge Mike Menahan of the District Court ruled that properly trained and certified certified nurse practitioners and certified nurse midwives can provide abortion services within their practice.

“Today’s decision is a big win for Montanan,” said the Whitefish nurse, one of the two plaintiffs who challenged the law allowing only doctors and doctor assistants to perform an abortion in 2018. Practitioner and clinic owner Helen Weems said.

“Recognizing nurse practitioners and midwives as safe and competent legal abortion providers is an important step towards making abortion more accessible in our state,” Weems said in a statement. rice field.

The Reproductive Rights Center and ACLU in Montana represented a nurse midwife identified as Jane Doe in Weems and court documents in a proceeding against the state.

“Today’s ruling is at a critical time for the right to abortion, and it’s safe to pave the way for expansion in Montana rather than further restricting access to abortion,” said Hillary, senior lawyer at the Center for Reproductive Rights.・ Schneller states.

In April 2018, Menahan allowed Abortion proceedings, given proper training and experience, while Weems and Doe challenged the constitutionality of the law.

The following year, the Montana Supreme Court upheld Menahan’s previous decision with a 4 to 3 decision.

The ruling cites the 1999 Montana Supreme Court’s ruling, which allowed not only doctors but also doctors’ assistants to carry out abortion procedures.

The High Court said that the right to privacy in the Montana Constitution protects women’s autonomy for reproductive health, in this case “protecting the right to obtain certain legitimate medical procedures from medical care, seeking pre-survival abortion. I will do it. ” The provider she chose. “

Menahan’s ruling states that the Montana Nursing Commission states that senior practice registered nurses are eligible to provide dosing and aspiration abortion services as long as they are properly trained and certified. .. He said they were limited only by state law.

“The state has been unable to show a keen interest in limiting abortion providers to licensed physicians and assistant physicians,” Menahan wrote.

Emily Cantrell, a spokesman for Attorney General Austin Nudesen, said: Next step. “

In January, Knusen urged the Supreme Court of Montana to overturn the 1999 ruling that the right to privacy of the State Constitution guarantees women access to abortion.

Planned Parenthood uses that precedent to challenge three abortion laws passed by the Republican-controlled 2021 parliament. I want to see ultrasound and hear the heartbeat of the fetus.

A state judge has issued an injunction against the enforcement of three laws.