How did Montana's 2025 Legislature Do with Medical Freedom and Medical Integrity Issues?
We had some wins but some big losses as well
By this time, most bills that have reached the Governor’s desk have either been signed into law or vetoed, so a quick recap is in order for how the Montana Legislature fared with healthcare issues this session.
Overall, the Montana Medical Freedom Alliance (MMFA) weighed in on twenty-one bills that were under our pillars of:
Medical Freedom & Bodily Autonomy
Return of the Hippocratic Oath
Prevention of Censorship in Healthcare
We had three priority bills with which we worked closely with the sponsor, Representative Greg Kmetz (R), Miles City. These were:
HB 371 – Ban mRNA vaccines in humans in MT
HB 418 – Ban mRNA vaccines in animals in MT
HB 682 – Allows individuals to sue over transition treatment performed when they were minors. It also requires insurance companies to cover de-transition care if they first covered transition services.
Unfortunately, HB 418 did not make it out of the Agriculture Committee but the other two cleared the committee vote and had a good floor debate. HB 371 failed to pass out of the House and HB 682 did pass after several amendments which weakened the bill somewhat but still gives strong advocacy to minors harmed from “gender affirming care.”
Regarding HB 682, we took a different approach to protecting minors against the harms of gender ideology than other states. Whereas other states have imposed penalties to providers or parents for providing gender transition care, or restricting “gender affirming care” altogether, HB 682 allows for a longer period of time (statute of limitation) for an individual to pursue a civil lawsuit against healthcare providers providing this type of medical care.
As many are aware, SB 99 of Montana’s 2023 legislative session, which banned many gender transition medical services, was immediately temporarily enjoined. District Court Judge Jason Marks, Missoula, just ruled last month that the law is unconstitutional by violating Montana Constitution’s rights to privacy, equal protection and free speech, so the law has not been enforceable since being signed by the governor. We needed a different strategy, so HB 682 was that approach. Creating a law which does not ban or restrict care, but rather, allows harmed patients to sue in medical malpractice, may be a more effective means to deter health care providers from harming children.
We are also grateful for the definitive stance of our new federal administration, with President Trump issuing an Executive Order just days into office, titled, “Protecting Children from Chemical and Surgical Mutilation," which directed HHS to review gender-affirming care practices. The resulting HHS report, released on May 1, 2025, recommends psychotherapy over medical interventions like hormone therapy or surgeries for transgender youth with gender dysphoria, arguing that such treatments lack sufficient evidence and pose risks.
Moving on to our two other priority bills regarding mRNA products (HB 371 and HB 418), we will continue to speak out on the dangers of this “vaccine” technology and educate the public that there is all risk and no benefit to these products, whether being administered to humans or animals. It is mind blowing that the FDA just approved another mRNA product, Moderna’s mNEXSPIKE on May 30th, under emergency use authorization (EUA), despite public backlash. We had hopes of HHS Secretary Kennedy removing mRNA products from the shelves, but that has yet to happen.
Other wins in the 2025 legislative session that we supported were:
SB 154 – Revise prohibition on the sale and purchase of human body parts under the Revised Uniform Anatomical Gift Act by explicitly banning the sale or purchase of whole human bodies or fetal tissue
SB 218 – Establish a private right of action for individuals who experience physical, psychological, emotional, or physiological injuries resulting from gender transition procedures
HB 350 – Prohibit enforcement of policies issued by certain intergovernmental entities
HB 388 – Prohibits state and local governments from imposing regulations on faith-based pregnancy centers based on their refusal to perform, refer, or counsel in favor of abortions
HB 723 – Requires medical facilities to report annually on infants born alive following an abortion or attempted abortion
HB 807 – Prohibiting vaccines allowed under an emergency authorization or undergoing safety trials to be required
One catastrophic loss was the passage of SB 535 – “Revising Laws related to Experimental Treatment Centers.” This new law, pushed hard by national and international biotech firms and venture capitalists, opens the door for bringing in any type of experimental drug, biological product, treatment or device that has passed a phase I clinical trial. Yes, this could include experimental treatments for such things as cancer and other debilitating conditions, but the onslaught of testimony brought to the committee hearings as proponents touted their desire for “longevity” experimental treatments, the alluring capability of being able to potentially artificially extend one’s life.
Not a single Montana citizen or physician testified in support of this bill. Plenty of medical freedom groups opposed it, as well as our staunch conservatives in both chambers of the legislature. Some of the main opposition included:
Phase I trials only consist of 20-100 healthy volunteers for a very short period of time. That is hardly enough time to determine long term safety for a treatment or device. Most experimental treatments take years of testing and evaluating before being administered to the general public.
Furthermore, only a fraction of phase I products ever makes it to FDA approval, and even after approval, nearly 30% of all FDA approved drugs have significant adverse events leading to removal from market or a black box warning. This safety measure would not happen with these products or treatments since there is no plan on continued clinical testing.
Phase I trials only test for dosage safety, not for effectiveness. This could put vulnerable people at risk for being exploited with unproven treatments
There is no Institutional Review Board (IRB) that would provide ethical oversight
There is no Data Safety Monitoring Board - who is monitoring for adverse events and patient harm?
The informed consent process does not follow the gold standard process
There is no restriction on the use of human embryonic stem cells (hESC). There are multiple phase I ongoing trials using hESC, particularly in the areas of macular degeneration, spinal cord injuries, type I diabetes, and Parkinson's disease. As an organization that values the sanctity of life at all stages, we cannot support this.
MMFA supports “right to try” provisions, allowing individuals struggling with terminal disease to try experimental treatments, but SB 535 goes far beyond that. Montana is likely to become a medical tourism destination for those allured by longevity promises and unproven experimental treatments, far outside the watchful eye of the FDA.
We will be monitoring Montana’s DPHHS as they develop the operational standards and oversight of these new experimental treatment facilities and existing medical centers who chose to provide experimental treatments. The department was not invited to participate in the bill creation and now have a monumental task ahead of them.
Overall, despite the frustrations of a very dysfunctional 2025 legislature, it was a privilege and honor to be representing Montanans who value medical freedom, integrity in healthcare, and sanctity of life during the 2025 session. Thanks to all of you who participated in the legislative process and let your voices be heard. Many good bills were passed, and many bad bills were killed!
We are looking forward to continuing to serve in our great state.
