2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 20. Abortion › Part 1. Montana Abortion Control Act › 50-20-110. Reporting of practice of abortion

50-20-110. Reporting of practice of abortion.
(1) Every facility in which an abortion is performed within the state shall keep on file, on a form prescribed by the department, a statement dated and certified by the physician who performed the abortion that provides information with respect to the abortion as required by the department by rule. The information must include but is not limited to information on prior pregnancies, the medical procedure employed to administer the abortion, the gestational age of the fetus, the vital signs of the fetus after abortion, if any, and if after viability, the medical procedures employed to protect and preserve the life and health of the fetus.
(2) The physician performing an abortion shall request pathology studies as required by the department by rule, and the facility shall keep the reports of the pathology studies on file.
(3) In connection with an abortion, the facility shall keep on file the original of each of the documents required by this chapter relating to informed consent, consent to abortion, certification of necessity of abortion to preserve the life or health of the mother, and certification of necessity of abortion to preserve the life of the mother.
(4) A health care provider who prescribes a medication intended to cause or induce an abortion shall keep on file, on a form prescribed by the department, a statement dated and certified by the health care provider reporting any adverse side effects experienced by the person to whom the medication was prescribed.
(5) (a) Within 30 days after the abortion, a facility shall file with the department a report on a form prescribed by the department and certified by the custodian of the records or physician in charge of the facility that provides all of the information required in subsections (1), (2), and (3).
(b) Within 30 days of prescribing a medication intended to cause or induce an abortion, a health care provider shall file a report with the department that provides the information required under subsection (4).
(c) Reports filed under this subsection (5) may not contain any information that would identify any individual involved with the abortion.
(d) A report must exclude copies of any documents required to be filed by subsection (3) but must certify that the documents were executed and are on file.
(6) All reports and documents required by this chapter must be treated with the confidentiality afforded to medical records, subject to disclosure as permitted by law. Statistical data not identifying any individual involved in an abortion must be made public by the department annually, and the report required by subsection (5) to be filed with the department must be available for public inspection except any information that identifies any individual involved in an abortion. Names and identities of persons submitting to abortion shall remain confidential among medical and medical support personnel directly involved in the abortion and among persons working in the facility where the abortion was performed whose duties include billing the patient or submitting claims to an insurance company, keeping facility records, or processing abortion data required by state law.
(7) (a) Violation of this section is a misdemeanor and is punishable as provided in 46-18-212.
(b) Violation of the provisions of subsections (4) or (5)(b) by a health care provider is unprofessional conduct as defined in 37-1-308 and is subject to the sanctions provided for in 37-1-312(1)(b) through (1)(j), up to a maximum suspension of the provider's license for a period of 1 year.
History: En. 94-5-619 by Sec. 7, Ch. 284, L. 1974; R.C.M. 1947, 94-5-619(1) thru (5); amd. Sec. 10, Ch. 228, L. 1981; amd. Sec. 2, Ch. 278, L. 2023.