- 2025
69th Legislature 2025 HB0388.3
- 1 - Authorized Print Version – HB 388
1 HOUSE BILL NO. 388
2 INTRODUCED BY A. REGIER
3
4 A BILL FOR AN ACT ENTITLED: “AN ACT PROHIBITING TARGETING PREGNANCY CENTERS FOR
5 REGULATION OR OVERSIGHT BECAUSE PREGNANCY CENTERS DO NOT PERFORM, REFER, OR
6 COUNSEL IN FAVOR OF ABORTION OR CONTRACEPTION; PROVIDING A PRIVACY POLICY;
7 REQUIRING CONSENT TO SHARE PERSONAL INFORMATION; CREATING A RIGHT TO REQUEST
8 DELETION OF DATA; PROVIDING DATA SECURITY; PROHIBITING THE SALE OF DATA WITHOUT
9 CONSENT; PROVIDING A PRIVATE RIGHT OF ACTION; PROVIDING DEFINITIONS; PROVIDING
10 REMEDIES; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE.”
11
12 WHEREAS, pregnancy centers have a considerable and growing life-affirming impact on the women,
13 men, children, and communities they serve; and
14 WHEREAS, pregnancy centers serve women in Montana and across the United States with integrity
15 and compassion; and
16 WHEREAS, pregnancy centers provide comprehensive care to women and men facing unexpected
17 pregnancies, including resources to meet their physical, psychological, emotional, and spiritual needs; and
18 WHEREAS, pregnancy centers offer women free, confidential, and compassionate services, which can
19 include pregnancy tests, peer counseling, 24-hour telephone hotlines, childbirth and parenting classes, referrals
20 to community health care, adoption referrals, and other support services; and
21 WHEREAS, many medical pregnancy centers offer ultrasounds and other medical services; and
22 WHEREAS, pregnancy centers encourage women to make positive life choices by equipping them with
23 complete and accurate information regarding their pregnancy options and the development of their unborn
24 children; and
25 WHEREAS, pregnancy centers provide important support and resources for women who choose
26 childbirth over abortion; and
27 WHEREAS, pregnancy centers have faced unprecedented attacks since the Supreme Court's decision
28 in Dobbs v. Jackson Women's Health Organization, overturning Roe v. Wade and the federal constitutional right - 2025
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1 to abortion; and
2 WHEREAS, since 2022, at least one-third of the states have introduced legislation seeking to
3 undermine pregnancy centers' freedom of speech and association or interfere with their hiring and staffing
4 decisions, while numerous cities and municipalities have considered similar ordinances.
5
6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
7
8 NEW SECTION. Section 1. As used in [sections 1 through 411 4], the following
9 definitions apply:
10 (1) (a) "Abortion" means the act of using or prescribing an instrument, medicine, or drug or a
11 substance, device, or means with the intent to terminate the clinically diagnosable pregnancy of a woman and
12 for the purpose of ensuring the death of her unborn child.
13 (b) The term does not include an act taken with the intent to:
14 (i) save the life or preserve the health of the unborn child;
15 (ii) remove a dead unborn child caused by miscarriage;
16 (iii) remove an ectopic pregnancy; or
17 (iv) perform a previability separation procedure when the procedure is, in reasonable medical
18 judgment, necessary to save or preserve the life of the pregnant woman.
19 (2) (a) "Abortion-inducing drug" means a medicine, drug, or any other substance prescribed or
20 dispensed with the intent to terminate the clinically diagnosable pregnancy of a woman and for the purpose of
21 ensuring the death of her unborn child.
22 (b) The term includes the off-label use of drugs known to have abortion-inducing properties that
23 are prescribed specifically with the intent to cause an abortion.
24 (c) The term does not include drugs that are known to cause an abortion but that are prescribed
25 for other medical indications.
26 (3) "CONSUMER" MEANS A NATURAL PERSON WHO IS A M
27MONTANA
28 (4) "CONSUMER HEALTH DATA" MEANS PERSONAL INFORMATION THAT IS LINKED OR REASONABLY - 2025
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1'S PAST,, OR FUTURE PHYSICAL OR MENTAL
2. HEALTH STATUS INCLUDES BUT IS NOT LIMITED TO:
3 (A), TREATMENT,, OR DIAGNOSIS;
4 (B), PSYCHOLOGICAL, BEHAVIORAL, AND MEDICAL INTERVENTIONS;
5 (C)-RELATED SURGERIES OR PROCEDURES;
6 (D);
7 (E),, SYMPTOMS, OR MEASUREMENTS;
8 (F), TREATMENT, OR MEDICATION;
9 (G);
10 (H); AND
11 (I).
12 (3)(5) (3) "Contraception" means the use of any natural or artificial means to prevent the
13 fertilization of a human ovum.
14 (4)(6) (4) "Ectopic pregnancy" means the state of carrying an unborn child outside of the uterine
15 cavity.
16 (5)(7) (5) "Medical pregnancy center" means a pregnancy center that provides medical testing,
17 counseling, and pregnancy-related care.
18 (6)(8) (6) "Miscarriage" means the spontaneous loss of an unborn child.
19
20 (9) "PERSONAL DATA" MEANS ANY INFORMATION THAT IS LINKED OR REASONABLY LINKABLE TO AN
21. PERSONALLY IDENTIFYING INFORMATION IS PERSONAL DATA AND INCLUDES
22'S ATTEMPT TO ACQUIRE OR RECEIVE
23, DATA THAT IDENTIFIES A CONSUMER SEEKING SERVICES, OR ANY INFORMATION THAT A
24, OR PROCESSORS OR AFFILIATES, USES TO IDENTIFY OR
25.
26 (7)(10)(7) "Pregnancy center" means a private, nonprofit organization that promotes childbirth
27 and alternatives to abortion and provides women, children, and families with resources, counseling, classes,
28 referrals, and information related to pregnancy, childbearing, adoption, and parenting. - 2025
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1 (8)(11) (8) (a) "Previability separation procedure" means a medical procedure performed by a
2 qualified health care provider to remove an unborn child from the mother's uterine cavity before the stage of
3 fetal development when, in the reasonable medical judgment of the qualified health care provider based on the
4 particular facts of the case and in light of the most advanced medical technology and information available,
5 there is a reasonable likelihood of sustained survival of the unborn child outside the mother's body, with or
6 without artificial support.
7 (b) The term does not include an abortion.
8
9 NEW SECTION. Section 2. The state
10 or a local government may not adopt or enact a law, rule, policy, or similar measure that:
11 (1) requires a pregnancy center to:
12 (a) offer or perform abortions;
13 (b) offer, provide, or distribute abortion-inducing drugs or contraception;
14 (c) refer a patient for an abortion, an abortion-inducing drug, or contraception;
15 (d) counsel a patient in favor of an abortion, an abortion-inducing drug, or contraception; or
16 (e) post an advertisement, sign, flyer, or similar material that promotes or provides information
17 about obtaining an abortion, abortion-inducing drugs, or contraception;
18 (2) prohibits a pregnancy center from:
19 (a) providing information, care, counseling, classes, or other services related to pregnancy,
20 childbirth, or parenting because the pregnancy center does not perform, refer, or counsel in favor of abortion,
21 abortion-inducing drugs, or contraception;
22 (b) providing prenatal and postnatal resources, such as diapers, baby clothes, baby furniture,
23 formula, and similar items, because the pregnancy center does not perform, refer, or counsel in favor of
24 abortion, abortion-inducing drugs, or contraception;
25 (c) providing medical testing, counseling, and care related to pregnancy or childbirth because the
26 pregnancy center does not perform, refer, or counsel in favor of abortion, abortion-inducing drugs, or
27 contraception; or
28 (d) counseling a woman on pregnancy-related care or treatment, including care or treatment that - 2025
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1 may reverse the effects of abortion-inducing drugs; or
2 (3) interferes with the pregnancy center's staffing or hiring decisions by requiring the pregnancy
3 center to interview, hire, or continue to employ a person who does not affirm the center's mission statement or
4 agree to comply with the center's pro-life ethic and operating procedures.
5
6
7 NEW SECTION. SECTION 3. PRIVACY POLICY . ( 1) MEDICAL PREGNANCY CENTERS AND PREGNANCY
8 HEALTH DATA AND PERSONAL DATA PRIVACY POLICY THAT CLEARLY AND
9:
10 (A)
11, INCLUDING HOW THE DATA WILL BE USED;
12 (B)
13 (C)
14; AND
15
16 (D) EXERCISE THEIR RIGHTS TO PROTECT THIS INFORMATION.
17 (2) A MEDICAL PREGNANCY CENTER OR A PREGNANCY CENTER SHALL PROMINENTLY PUBLISH A LINK TO ITS
18.
19 (3) MEDICAL PREGNANCY CENTERS AND PREGNANCY CENTERS SHALL POST A CLEAR STATEMENT THAT
20HEALTH IPORTABILITY AND
21 ACCOUNTABILITY ACT.
22 (4) MEDICAL PREGNANCY CENTERS OR PREGNANCY CENTERS MAY NOT COLLECT,, OR SHARE
23
24'S AFFIRMATIVE WRITTEN CONSENT PRIOR TO THE COLLECTION,
25,.
26 (5) IT IS A VIOLATION OF THIS CHAPTER FOR A MEDICAL PREGNANCY CENTER OR PREGNANCY CENTER TO
27
28. - 2025
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1
2
3 NEW SECTION. SECTION 4 .. CONSENT TO COLLECT AND SHARE INFORMATION REQUIRED. (1) MEDICAL
4:
5 (A);
6 (B)
7;
8 (2) MEDICAL PREGNANCY CENTERS OR PREGNANCY CENTERS MAY NOT SHARE ANY CONSUMER HEALTH
9:
10 (A)
11; OR
12 (B)
13.
14 (3) C
15, AND THE REQUEST FOR CONSENT MUST CLEARLY AND CONSPICUOUSLY DISCLOSE
16 (A);
17 (B), INCLUDING THE
18;
19 (C); AND
20 (D)
21'S HEALTH DATA.
22
23
24 NEW SECTION. SECTION 5 .. RIGHT TO REQUEST DATA DELETION. (1) A CONSUMER HAS THE RIGHT TO
25, SHARING, OR SELLING
26,
27 WHOM THE MEDICAL PREGNANCY CENTER OR PREGNANCY CENTER HAS SHARED OR SOLD THE
28-MAIL ADDRESS OR OTHER ONLINE MECHANISM THAT THE CONSUMER MAY USE TO - 2025
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1.
2 (2) (A) A CONSUMER HAS THE RIGHT TO WITHDRAW CONSENT FROM THE MEDICAL PREGNANCY CENTER OR
3'S COLLECTION AND SHARING OF THE CONSUMER'S DATA.
4
5 (B) A
6:
7 (I), INCLUDING FROM ALL PARTS OF THE CENTER'S NETWORK,
8; AND
9 (II),, CONTRACTORS, AND OTHER THIRD PARTIES WITH WHOM THE
10.
11 (C) ALL AFFILIATES, PROCESSORS, CONTRACTORS,
12'S DELETION
13.
14
15 (D) A CONSUMER MAY EXERCISE THESE RIGHTS BY SUBMITTING A WRITTEN REQUEST TO THE
16 THE CENTER MAY NOT REQUIRE THE CONSUMER TO PAY TO DELETE THE
17 OR TO SET UP AN ONLINE ACCOUNT OR REQUEST ADDITIONAL PERSONAL INFORMATION TO GET THE
18.
19 (E) T45
20.
21 (F) THE MEDICAL PREGNANCY CENTER OR PREGNANCY CENTER MAY NOT UNLAWFULLY DISCRIMINATE
22.
23
24
25 NEW SECTION. SECTION 6 .. DATA SECURITY. (1) MEDICAL PREGNANCY CENTERS OR PREGNANCY
26,, AND CONTRACTORS
27.
28 (2) MEDICAL PREGNANCY CENTERS OR PREGNANCY CENTERS SHALL ESTABLISH, IMPLEMENT, - 2025
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1,, AND PHYSICAL DATA SECURITY PRACTICES THAT,, SATISFY
2.
3
4
5 NEW SECTION. SECTION 7 .. SALE OF DATA WITHOUT CONSENT PROHIBITED. (1) I
6 OR
7 WITHOUT VALID AUTHORIZATION FROM THE CONSUMER.
8 (2) A CONSUMER AUTHORIZATION FORM MUST BE WRITTEN IN PLAIN LANGUAGE AND MUST, AT MINIMUM,
9:
10 (A):
11 (B):
12
13 (C); AND
14 (D).
15
16
17 NEW SECTION. SECTION 8 .. DISCLAIMER. [ SECTIONS 11 1 ] DO NOT APPLY TO THE HEALTH
18H EALTH I NSURANCE P A CCOUNTABILITY A , AND TITLE
19 50,16.
20
21
22 NEW SECTION. SECTION 9 .. RIGHT OF ACTION. A PERSON HARMED BY A VIOLATION OF [1
2311]
24,, REASONABLE ATTORNEY FEES AND COSTS, AND ANY OTHER APPROPRIATE
25
26
27 NEW SECTION. Section 3. (1) A pregnancy center or a party
28 aggrieved by a violation of [section 2] may commence a civil action for damages, declaratory relief, injunctive - 2025
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1 relief, and any other appropriate relief.
2 (2) On a finding of a violation of [section 2], the prevailing party is entitled to recover actual
3 damages or statutory damages of $50,000, whichever is greater, plus attorney fees and costs. If the person
4 acted with malice, the court may award treble actual damages or treble statutory damages, whichever is
5 greater.
6 (3) Damages awarded under this section are cumulative and are not limited by other remedies that
7 may be available under federal or state law.
8
9 NEW SECTION. Section 4. The legislature, by joint resolution, may appoint
10 one or more of its members who sponsored or cosponsored [sections 1 through 4 11 4] in the member's official
11 capacity to intervene as a matter of right in a case in which the constitutionality of this part [SECTIONS 1
12 11] THIS PART is challenged.
13
14 NEW SECTION. Section 5. [Sections 1 through 4 114] are intended to be
15 codified as a new part in Title 50, chapter 4, and the provisions of Title 50, chapter 4, apply to [sections 1
16 through 4 11 4].
17
18 NEW SECTION. Section 6. If a part of [this act] is invalid, all valid parts that are
19 severable from the invalid part remain in effect. If a part of [this act] is invalid in one or more of its applications,
20 the part remains in effect in all valid applications that are severable from the invalid applications.
21
22 NEW SECTION. Section 7. [This act] is effective on passage and approval.
23 - END -