Read the full stored bill text
- 2025
69th Legislature 2025 HB 388
- 1 - Authorized Print Version – HB 388
ENROLLED BILL
AN ACT PROHIBITING TARGETING PREGNANCY CENTERS FOR REGULATION OR OVERSIGHT
BECAUSE PREGNANCY CENTERS DO NOT PERFORM, REFER, OR COUNSEL IN FAVOR OF ABORTION
OR CONTRACEPTION; PROVIDING DEFINITIONS; PROVIDING REMEDIES; AND PROVIDING AN
IMMEDIATE EFFECTIVE DATE.
WHEREAS, pregnancy centers have a considerable and growing life-affirming impact on the women,
men, children, and communities they serve; and
WHEREAS, pregnancy centers serve women in Montana and across the United States with integrity
and compassion; and
WHEREAS, pregnancy centers provide comprehensive care to women and men facing unexpected
pregnancies, including resources to meet their physical, psychological, emotional, and spiritual needs; and
WHEREAS, pregnancy centers offer women free, confidential, and compassionate services, which can
include pregnancy tests, peer counseling, 24-hour telephone hotlines, childbirth and parenting classes, referrals
to community health care, adoption referrals, and other support services; and
WHEREAS, many medical pregnancy centers offer ultrasounds and other medical services; and
WHEREAS, pregnancy centers encourage women to make positive life choices by equipping them with
complete and accurate information regarding their pregnancy options and the development of their unborn
children; and
WHEREAS, pregnancy centers provide important support and resources for women who choose
childbirth over abortion; and
WHEREAS, pregnancy centers have faced unprecedented attacks since the Supreme Court's decision
in Dobbs v. Jackson Women's Health Organization, overturning Roe v. Wade and the federal constitutional right
to abortion; and
WHEREAS, since 2022, at least one-third of the states have introduced legislation seeking to
- 2025
69th Legislature 2025 HB 388
- 2 - Authorized Print Version – HB 388
ENROLLED BILL
undermine pregnancy centers' freedom of speech and association or interfere with their hiring and staffing
decisions, while numerous cities and municipalities have considered similar ordinances.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Definitions. As used in [sections 1 through 4], the following definitions apply:
(1) (a) "Abortion" means the act of using or prescribing an instrument, medicine, or drug or a
substance, device, or means with the intent to terminate the clinically diagnosable pregnancy of a woman and
for the purpose of ensuring the death of her unborn child.
(b) The term does not include an act taken with the intent to:
(i) save the life or preserve the health of the unborn child;
(ii) remove a dead unborn child caused by miscarriage;
(iii) remove an ectopic pregnancy; or
(iv) perform a previability separation procedure when the procedure is, in reasonable medical
judgment, necessary to save or preserve the life of the pregnant woman.
(2) (a) "Abortion-inducing drug" means a medicine, drug, or any other substance prescribed or
dispensed with the intent to terminate the clinically diagnosable pregnancy of a woman and for the purpose of
ensuring the death of her unborn child.
(b) The term includes the off-label use of drugs known to have abortion-inducing properties that
are prescribed specifically with the intent to cause an abortion.
(c) The term does not include drugs that are known to cause an abortion but that are prescribed
for other medical indications.
(3) "Contraception" means the use of any natural or artificial means to prevent the fertilization of a
human ovum.
(4) "Ectopic pregnancy" means the state of carrying an unborn child outside of the uterine cavity.
(5) "Medical pregnancy center" means a pregnancy center that provides medical testing,
counseling, and pregnancy-related care.
(6) "Miscarriage" means the spontaneous loss of an unborn child.
- 2025
69th Legislature 2025 HB 388
- 3 - Authorized Print Version – HB 388
ENROLLED BILL
(7) "Pregnancy center" means a private, nonprofit organization that promotes childbirth and
alternatives to abortion and provides women, children, and families with resources, counseling, classes,
referrals, and information related to pregnancy, childbearing, adoption, and parenting.
(8) (a) "Previability separation procedure" means a medical procedure performed by a qualified
health care provider to remove an unborn child from the mother's uterine cavity before the stage of fetal
development when, in the reasonable medical judgment of the qualified health care provider based on the
particular facts of the case and in light of the most advanced medical technology and information available,
there is a reasonable likelihood of sustained survival of the unborn child outside the mother's body, with or
without artificial support.
(b) The term does not include an abortion.
Section 2. Prohibition on interference with work of pregnancy center. The state or a local
government may not adopt or enact a law, rule, policy, or similar measure that:
(1) requires a pregnancy center to:
(a) offer or perform abortions;
(b) offer, provide, or distribute abortion-inducing drugs or contraception;
(c) refer a patient for an abortion, an abortion-inducing drug, or contraception;
(d) counsel a patient in favor of an abortion, an abortion-inducing drug, or contraception; or
(e) post an advertisement, sign, flyer, or similar material that promotes or provides information
about obtaining an abortion, abortion-inducing drugs, or contraception;
(2) prohibits a pregnancy center from:
(a) providing information, care, counseling, classes, or other services related to pregnancy,
childbirth, or parenting because the pregnancy center does not perform, refer, or counsel in favor of abortion,
abortion-inducing drugs, or contraception;
(b) providing prenatal and postnatal resources, such as diapers, baby clothes, baby furniture,
formula, and similar items, because the pregnancy center does not perform, refer, or counsel in favor of
abortion, abortion-inducing drugs, or contraception;
(c) providing medical testing, counseling, and care related to pregnancy or childbirth because the
- 2025
69th Legislature 2025 HB 388
- 4 - Authorized Print Version – HB 388
ENROLLED BILL
pregnancy center does not perform, refer, or counsel in favor of abortion, abortion-inducing drugs, or
contraception; or
(d) counseling a woman on pregnancy-related care or treatment, including care or treatment that
may reverse the effects of abortion-inducing drugs; or
(3) interferes with the pregnancy center's staffing or hiring decisions by requiring the pregnancy
center to interview, hire, or continue to employ a person who does not affirm the center's mission statement or
agree to comply with the center's pro-life ethic and operating procedures.
Section 3. Legal remedies -- damages. (1) A pregnancy center or a party aggrieved by a violation of
[section 2] may commence a civil action for damages, declaratory relief, injunctive relief, and any other
appropriate relief.
(2) On a finding of a violation of [section 2], the prevailing party is entitled to recover actual
damages or statutory damages of $50,000, whichever is greater, plus attorney fees and costs. If the person
acted with malice, the court may award treble actual damages or treble statutory damages, whichever is
greater.
(3) Damages awarded under this section are cumulative and are not limited by other remedies that
may be available under federal or state law.
Section 4. Right of intervention. The legislature, by joint resolution, may appoint one or more of its
members who sponsored or cosponsored [sections 1 through 4] in the member's official capacity to intervene
as a matter of right in a case in which the constitutionality of this part is challenged.
Section 5. Codification instruction. [Sections 1 through 4] are intended to be codified as a new part
in Title 50, chapter 4, and the provisions of Title 50, chapter 4, apply to [sections 1 through 4].
Section 6. Severability. If a part of [this act] is invalid, all valid parts that are severable from the
invalid part remain in effect. If a part of [this act] is invalid in one or more of its applications, the part remains in
effect in all valid applications that are severable from the invalid applications.
- 2025
69th Legislature 2025 HB 388
- 5 - Authorized Print Version – HB 388
ENROLLED BILL
Section 7. Effective date. [This act] is effective on passage and approval.
- END -
I hereby certify that the within bill,
HB 388, originated in the House.
___________________________________________
Chief Clerk of the House
___________________________________________
Speaker of the House
Signed this _______________________________day
of____________________________________, 2025.
___________________________________________
President of the Senate
Signed this _______________________________day
of____________________________________, 2025.
HOUSE BILL NO. 388
INTRODUCED BY A. REGIER
AN ACT PROHIBITING TARGETING PREGNANCY CENTERS FOR REGULATION OR OVERSIGHT
BECAUSE PREGNANCY CENTERS DO NOT PERFORM, REFER, OR COUNSEL IN FAVOR OF ABORTION
OR CONTRACEPTION; PROVIDING DEFINITIONS; PROVIDING REMEDIES; AND PROVIDING AN
IMMEDIATE EFFECTIVE DATE.