reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 20. Abortion › Part 1. Montana Abortion Control Act › 50-20-106. Informed consent

50-20-106. Informed consent.
(1) An abortion may not be performed without the informed consent of the woman upon whom the abortion is to be performed. The informed consent must be received at least 24 hours prior to the abortion and certified prior to or at the time of the abortion.
(2) Informed consent must be certified by a written statement in a form prescribed by the department and signed by the physician and the woman upon whom the abortion is to be performed in which the physician certifies that the physician has made the full disclosure provided in 50-20-104(5) and in which the woman upon whom the abortion is to be performed acknowledges that the disclosures have been made to the woman and that the woman voluntarily consents to the abortion.
(3) If a woman chooses to review the written materials described in 50-20-304, the materials must be provided to the woman at least 24 hours before the abortion or be mailed to the woman by certified mail, with delivery restricted to the addressee, at least 72 hours before the abortion.
(4) The information required in 50-20-104(5)(a) may be provided by telephone without conducting a physical examination or tests of the patient. The information may be based on facts supplied to the physician by the woman and other relevant information that is reasonably available to the physician. The information may not be provided by a tape recording but must be provided during a consultation in which the physician is able to ask questions of the woman and the woman is able to ask questions of the physician. If a physical examination, tests, or the availability of other information subsequently indicates, in the medical judgment of the physician, a revision of information previously provided to the patient, the revised information may be communicated to the patient at any time prior to the performance of the abortion.
(5) The information required in 50-20-104(5)(b) may be provided by a tape recording if provision is made to record or otherwise register specifically whether the woman does or does not choose to review the printed materials.
(6) The informed consent or consent provided for in this section is not required if a licensed physician certifies that the abortion is necessary because of a medical emergency as defined in 50-20-303.
(7) An executive officer, administrative agency, or public employee of the state or of any local governmental body may not issue any order requiring an abortion or coerce any woman to have an abortion. A person may not coerce any woman to have an abortion.
(8) A violation of subsections (1) through (7) is a misdemeanor.
History: (1), (3) thru (5)En. 94-5-616 by Sec. 4, Ch. 284, L. 1974; Sec. 94-5-616, R.C.M. 1947; (2)En. 94-5-615 by Sec. 3, Ch. 284, L. 1974; amd. Sec. 38, Ch. 187, L. 1977; Sec. 94-5-615, R.C.M. 1947; R.C.M. 1947, 94-5-615(part), 94-5-616(part); amd. Sec. 10, Ch. 566, L. 1995; amd. Sec. 1830, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 20. Abortion › Part 1. Montana Abortion Control Act › 50-20-107. Repealed

50-20-107. Repealed.
Sec. 13, Ch. 469, L. 1995.
History: En. 94-5-616 by Sec. 4, Ch. 284, L. 1974; R.C.M. 1947, 94-5-616(part).
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 20. Abortion › Part 1. Montana Abortion Control Act › 50-20-108. Protection of premature infants born alive

50-20-108. Protection of premature infants born alive.
(1) A person commits an offense, as defined in 45-5-102 through 45-5-104, if the person purposely, knowingly, or negligently causes the death of a premature infant born alive, if the infant is viable.
(2) Whenever a premature infant that is the subject of abortion is born alive and is viable, it becomes a dependent and neglected child subject to the provisions of state law, unless:
(a) the termination of the pregnancy is necessary to preserve the life of the mother; or
(b) the mother and the mother's spouse or either of them have agreed in writing in advance of the abortion or within 72 hours thereafter to accept the parental rights and responsibilities of the premature infant if it survives the abortion procedure.
(3) A person may not use any premature infant born alive for any type of scientific research or other kind of experimentation except as necessary to protect or preserve the life and health of the premature infant born alive.
(4) A violation of subsection (3) is a felony.
History: En. 94-5-617 by Sec. 5, Ch. 284, L. 1974; amd. Sec. 13, Ch. 338, L. 1977; R.C.M. 1947, 94-5-617(1) thru (3), (5); amd. Sec. 9, Ch. 610, L. 1987; amd. Sec. 1831, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 20. Abortion › Part 1. Montana Abortion Control Act › 50-20-109. Control of practice of abortion

50-20-109. Control of practice of abortion.
(1) Except as provided in 50-20-401, an abortion may not be performed within the state of Montana:
(a) except by a licensed physician or physician assistant; and
(b) on an unborn child:
(i) who is capable of feeling pain, except as provided in 50-20-603; or
(ii) who is viable, unless necessary to preserve the life of the mother.
(2) Violation of subsection (1) is a felony.
History: En. 94-5-618 by Sec. 6, Ch. 284, L. 1974; amd. Sec. 20, Ch. 359, L. 1977; R.C.M. 1947, 94-5-618; amd. Sec. 7, Ch. 485, L. 1981; amd. Sec. 2, Ch. 321, L. 1995; amd. Sec. 11, Ch. 354, L. 1995; amd. Sec. 2, Ch. 314, L. 1997; amd. Sec. 2, Ch. 479, L. 1999; amd. Sec. 27, Ch. 519, L. 2005; amd. Sec. 7, Ch. 307, L. 2021; amd. Sec. 16, Ch. 88, L. 2023; amd. Sec. 2, Ch. 389, L. 2023.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 20. Abortion › Part 1. Montana Abortion Control Act › 50-20-111. Right to refuse participation in abortion -- affirmative consent required

50-20-111. Right to refuse participation in abortion -- affirmative consent required.
(1) No private hospital or health care facility shall be required contrary to the religious or moral tenets or the stated religious beliefs or moral convictions of its staff or governing board to admit any person for the purpose of abortion or to permit the use of its facilities for such purpose. Such refusal shall not give rise to liability of such hospital or health care facility or any personnel or agent or governing board thereof to any person for damages allegedly arising from such refusal or be the basis for any discriminatory, disciplinary, or other recriminatory action against such hospital or health care facility or any personnel, agent, or governing board thereof.
(2) A person may not be scheduled, assigned, or requested to directly or indirectly perform, facilitate, refer for, or participate in an abortion unless the person first affirmatively consents in writing to perform, facilitate, refer for, or participate in the abortion.
(3) (a) All persons shall have the right to refuse to advise concerning, perform, assist, or participate in abortion because of religious beliefs or moral convictions.
(b) If requested by any hospital or health care facility or person desiring an abortion, a refusal shall be in writing signed by the person refusing, but may refer generally to the grounds of "religious beliefs and moral convictions". The refusal of any person to advise concerning, perform, assist, or participate in abortion shall not be a consideration in respect of staff privileges of any hospital or health care facility or a basis for any discriminatory, disciplinary, or other recriminatory action against such person, nor shall such person be liable to any person for damages allegedly arising from refusal.
(4) It shall be unlawful to interfere or attempt to interfere with the right of refusal authorized by this section. The person injured thereby shall be entitled to injunctive relief, when appropriate, and shall further be entitled to monetary damages for injuries suffered.
(5) Such refusal by any hospital or health care facility or person shall not be grounds for loss of any privileges or immunities to which the granting of consent may otherwise be a condition precedent or for the loss of any public benefits.
(6) As used in this section, the term "person" includes one or more individuals, partnerships, associations, and corporations.
History: En. 94-5-620 by Sec. 8, Ch. 284, L. 1974; R.C.M. 1947, 94-5-620; amd. Sec. 9, Ch. 376, L. 2023.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 20. Abortion › Part 1. Montana Abortion Control Act › 50-20-112. Penalties

50-20-112. Penalties.
(1) A person convicted of deliberate, mitigated, or negligent homicide under this chapter is subject to the penalties prescribed by 45-5-102 through 45-5-104.
(2) A person convicted of a felony other than deliberate, mitigated, or negligent homicide under this chapter is subject to a fine not to exceed $1,000, imprisonment in the state prison for a term not to exceed 5 years, or both.
(3) A person convicted of a misdemeanor under this chapter is subject to a fine not to exceed $500, imprisonment in the county jail for a term not to exceed 6 months, or both.
(4) (a) A penalty may not be imposed against the woman upon whom the abortion is performed or attempted to be performed.
(b) A penalty may not be imposed for failure to comply with the provision of 50-20-106 that requires a written certification that the woman has been informed of the opportunity to review the information referred to in 50-20-304 if the department has not made the written materials available at the time that the physician or the physician's agent is required to inform the woman of the right to review the materials.
History: En. 94-5-622 by Sec. 10, Ch. 284, L. 1974; amd. Sec. 14, Ch. 338, L. 1977; R.C.M. 1947, 94-5-622; amd. Sec. 10, Ch. 610, L. 1987; amd. Sec. 11, Ch. 566, L. 1995.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 20. Abortion › Part 1. Montana Abortion Control Act › 50-20-113. Provision of information -- exceptions -- penalty

50-20-113. Provision of information -- exceptions -- penalty.
(1) (a) Except as provided in subsection (2), a person performing an abortion on a pregnant woman or that person's agent shall inform the woman of the opportunity to:
(i) view an active ultrasound of the unborn child;
(ii) view an ultrasound image of the unborn child; and
(iii) listen to the fetal heart tone of the unborn child, if audible.
(b) The quality of the active ultrasound, ultrasound image, and auscultation of the fetal heart tone must be consistent with standard medical practices in the community in which the abortion is being performed.
(2) Subsection (1) does not apply to a procedure performed with the intent to:
(a) save the life of the woman;
(b) ameliorate a serious risk of causing the woman substantial and irreversible impairment of a bodily function; or
(c) remove an ectopic pregnancy.
(3) The person performing the abortion or that person's agent shall obtain the woman's signature on a certification form developed by the department that:
(a) contains an acknowledgment that the woman was informed of the opportunities provided for in subsection (1); and
(b) indicates whether the woman viewed the active ultrasound or ultrasound image or listened to the fetal heart tone.
(4) (a) Before an abortion is performed or attempted, the person who is performing or attempting the abortion must receive a copy of the signed certification form provided for in subsection (3).
(b) A copy of the certification form must be retained in the woman's medical record.
(5) A person who performs or attempts to perform an abortion in violation of this section is subject to a civil penalty of $1,000.
History: En. Sec. 1, Ch. 308, L. 2021.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 20. Abortion › Part 2. Parental Notice of Abortion Act (Repealed) › 50-20-201. Repealed

50-20-201. Repealed.
Sec. 12, Ch. 307, L. 2011.
History: En. Sec. 1, Ch. 469, L. 1995.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 20. Abortion › Part 2. Parental Notice of Abortion Act (Repealed) › 50-20-202. Repealed

50-20-202. Repealed.
Sec. 12, Ch. 307, L. 2011.
History: En. Sec. 2, Ch. 469, L. 1995.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 20. Abortion › Part 2. Parental Notice of Abortion Act (Repealed) › 50-20-203. Repealed

50-20-203. Repealed.
Sec. 12, Ch. 307, L. 2011.
History: En. Sec. 3, Ch. 469, L. 1995.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 20. Abortion › Part 2. Parental Notice of Abortion Act (Repealed) › 50-20-204. Repealed

50-20-204. Repealed.
Sec. 12, Ch. 307, L. 2011.
History: En. Sec. 4, Ch. 469, L. 1995.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 20. Abortion › Part 2. Parental Notice of Abortion Act (Repealed) › 50-20-205. Repealed

50-20-205. Repealed.
Sec. 12, Ch. 307, L. 2011.
History: En. Sec. 5, Ch. 469, L. 1995.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 20. Abortion › Part 2. Parental Notice of Abortion Act (Repealed) › 50-20-208. Repealed

50-20-208. Repealed.
Sec. 12, Ch. 307, L. 2011.
History: En. Sec. 6, Ch. 469, L. 1995.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 20. Abortion › Part 2. Parental Notice of Abortion Act (Repealed) › 50-20-209. Repealed

50-20-209. Repealed.
Sec. 12, Ch. 307, L. 2011.
History: En. Sec. 7, Ch. 469, L. 1995.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 20. Abortion › Part 2. Parental Notice of Abortion Act (Repealed) › 50-20-211. Repealed

50-20-211. Repealed.
Sec. 12, Ch. 307, L. 2011.
History: En. Sec. 8, Ch. 469, L. 1995.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 20. Abortion › Part 2. Parental Notice of Abortion Act (Repealed) › 50-20-212. Repealed

50-20-212. Repealed.
Sec. 12, Ch. 307, L. 2011.
History: En. Sec. 9, Ch. 469, L. 1995; amd. Sec. 54, Ch. 449, L. 2005.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 20. Abortion › Part 2. Parental Notice of Abortion Act (Repealed) › 50-20-215. Repealed

50-20-215. Repealed.
Sec. 12, Ch. 307, L. 2011.
History: En. Sec. 10, Ch. 469, L. 1995.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 20. Abortion › Part 2. Parental Notice of Abortion Act (Repealed) › 50-20-221. Repealed

50-20-221. Repealed.
Sec. 14, Ch. 307, L. 2013.
History: En. Sec. 1, Ch. 307, L. 2011.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 20. Abortion › Part 2. Parental Notice of Abortion Act (Repealed) › 50-20-222. Repealed

50-20-222. Repealed.
Sec. 14, Ch. 307, L. 2013.
History: En. Sec. 2, Ch. 307, L. 2011.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 20. Abortion › Part 2. Parental Notice of Abortion Act (Repealed) › 50-20-223. Repealed

50-20-223. Repealed.
Sec. 14, Ch. 307, L. 2013.
History: En. Sec. 3, Ch. 307, L. 2011.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 20. Abortion › Part 2. Parental Notice of Abortion Act (Repealed) › 50-20-224. Repealed

50-20-224. Repealed.
Sec. 14, Ch. 307, L. 2013.
History: En. Sec. 4, Ch. 307, L. 2011.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 20. Abortion › Part 2. Parental Notice of Abortion Act (Repealed) › 50-20-225. Repealed

50-20-225. Repealed.
Sec. 14, Ch. 307, L. 2013.
History: En. Sec. 5, Ch. 307, L. 2011.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 20. Abortion › Part 2. Parental Notice of Abortion Act (Repealed) › 50-20-228. Repealed

50-20-228. Repealed.
Sec. 14, Ch. 307, L. 2013.
History: En. Sec. 6, Ch. 307, L. 2011.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 20. Abortion › Part 2. Parental Notice of Abortion Act (Repealed) › 50-20-229. Repealed

50-20-229. Repealed.
Sec. 14, Ch. 307, L. 2013.
History: En. Sec. 7, Ch. 307, L. 2011.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 20. Abortion › Part 2. Parental Notice of Abortion Act (Repealed) › 50-20-232. Repealed

50-20-232. Repealed.
Sec. 14, Ch. 307, L. 2013.
History: En. Sec. 8, Ch. 307, L. 2011.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 20. Abortion › Part 2. Parental Notice of Abortion Act (Repealed) › 50-20-235. Repealed

50-20-235. Repealed.
Sec. 14, Ch. 307, L. 2013.
History: En. Sec. 9, Ch. 307, L. 2011.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 20. Abortion › Part 3. Woman's Right to Know › 50-20-302. Legislative purpose and findings

50-20-302. Legislative purpose and findings.
(1) The legislature finds that:
(a) it is essential to the psychological and physical well-being of a woman who is considering an abortion that the woman receive complete and accurate information on alternatives;
(b) the knowledgeable exercise of a woman's decision to have an abortion depends on the extent to which the woman receives sufficient information to make an informed choice between the alternatives of giving birth and having an abortion;
(c) in most instances, the only contact with a physician that a woman who has an abortion has occurs simultaneously with the abortion procedure, with little opportunity to receive counseling concerning the decision;
(d) the decision to abort is an important and often stressful one, and it is desirable and imperative that it be made with full knowledge of its nature and consequences;
(e) the medical, emotional, and psychological consequences of an abortion are serious and can be lasting;
(f) some abortion facilities or providers offer only limited or impersonal counseling opportunities; and
(g) some abortion facilities or providers hire untrained and unprofessional counselors whose primary goal is to sell abortion services.
(2) Based on the findings in subsection (1), it is the purpose of this part to:
(a) ensure that every woman who is considering an abortion receive complete information on alternatives and that every woman submitting to an abortion do so only after giving informed consent to the abortion procedure;
(b) protect unborn children from a woman's uninformed decision to have an abortion; and
(c) reduce the risk that a woman may elect an abortion, only to discover later, with devastating psychological consequences, that the decision was not fully informed.
History: En. Sec. 2, Ch. 566, L. 1995.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 20. Abortion › Part 3. Woman's Right to Know › 50-20-303. Definitions

50-20-303. Definitions.
As used in this part, unless the context requires otherwise, the following definitions apply:
(1) "Medical emergency" means a condition that, on the basis of the physician's good faith clinical judgment, so complicates the medical condition of a pregnant woman as to necessitate the immediate abortion of the woman's pregnancy to avert the woman's death or for which a delay will create serious risk of substantial and irreversible impairment of a major bodily function.
(2) "Physician" means a person licensed to practice medicine under Title 37, chapter 3.
(3) "Pregnant" or "pregnancy" means that female reproductive condition of having an unborn child in the woman's body.
(4) "Unborn child" means the offspring of human beings from conception until birth.
History: En. Sec. 3, Ch. 566, L. 1995.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 20. Abortion › Part 3. Woman's Right to Know › 50-20-304. Publication of materials

50-20-304. Publication of materials.
(1) The department shall publish and annually update easily comprehensible printed, unbiased materials that are geographically indexed and designed to inform women of public and private agencies and services available to assist a woman through pregnancy, during childbirth, and while a woman's child is dependent. The materials must:
(a) include adoption agencies;
(b) include a comprehensive list of the agencies, a description of the services offered, and the telephone numbers and addresses of the agencies;
(c) inform a woman about medical assistance benefits for prenatal care, childbirth, neonatal care, and child support obligations of a father of a child.
(2) The department shall ensure that the materials described in this section are comprehensive and do not directly or indirectly promote, exclude, or discourage the use of any agency or service. The materials must include a toll-free, 24-hour telephone number that may be called to orally obtain a list and description of agencies in the locality of the caller and of the services offered by the agencies.
(3) The materials must state that:
(a) it is unlawful for any individual to coerce a woman to undergo or not to undergo an abortion;
(b) a physician who performs an abortion on a woman without the woman's informed consent may be liable to the woman for damages in a civil action; and
(c) the law allows adoptive parents to pay the costs of prenatal care, childbirth, and neonatal care.
(4) The materials must inform the pregnant woman of the probable anatomical and physiological characteristics of the unborn child at 2-week gestational increments from fertilization to full term, including pictures or drawings representing the development of unborn children at 2-week gestational increments. The pictures or drawings must contain the dimensions of the unborn child and must be realistic. The materials must include any relevant information on the possibility of the unborn child's survival at each stage depicted. The materials must be objective, nonjudgmental, and designed to convey only accurate scientific information about the unborn child at the various gestational ages. The materials must contain objective information describing the methods of abortion procedures commonly employed, the medical risks commonly associated with each procedure, the possible detrimental psychological effects of abortion, the possible detrimental psychological effects of adoption, and the medical risks associated with carrying a child to term.
(5) The materials must be printed in a clearly legible typeface.
(6) The materials required to be produced under this section must be provided at no cost upon request and must be provided in appropriate quantities to any person, facility, or hospital.
History: En. Sec. 4, Ch. 566, L. 1995.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 20. Abortion › Part 3. Woman's Right to Know › 50-20-305. Emergency

50-20-305. Emergency.
When a medical emergency compels the performance of an abortion, the physician shall inform the woman, before the abortion if possible, of the medical indications supporting the physician's judgment that an abortion is necessary to avert the woman's death or that a 24-hour delay will create serious risk of substantial and irreversible impairment of a major bodily function.
History: En. Sec. 5, Ch. 566, L. 1995.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 20. Abortion › Part 3. Woman's Right to Know › 50-20-307. Civil remedies

50-20-307. Civil remedies.
(1) A person who performs an abortion in knowing or reckless violation of this chapter may be liable for actual and punitive damages in an action brought by the woman upon whom an abortion was performed or, if the woman is under 18 years of age or is physically or mentally incapacitated for purposes of being able to decide whether to bring and pursue an action, then, on the woman's behalf, by either:
(a) the father of the unborn child who was the subject of the abortion; or
(b) the grandparent of an unborn child who was the subject of the abortion.
(2) A person who attempts to perform an abortion in knowing or reckless violation of this chapter may be liable for actual and punitive damages in an action brought by the woman upon whom an abortion was attempted.
(3) If the department fails to issue the public report required in 50-20-306, a group of 10 or more citizens may seek an injunction, in a court of competent jurisdiction, against the director of the department to require that a complete report be issued within a period established by court order. Failure to comply with an injunction subjects the director to sanctions for civil contempt.
(4) If judgment is rendered in favor of the plaintiff in any action described in this section, the court shall award reasonable attorney fees in favor of the plaintiff against the defendant.
(5) An abortion or attempted abortion performed in violation of this chapter is the basis for a professional disciplinary action under 37-1-316.
History: En. Sec. 7, Ch. 566, L. 1995.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 20. Abortion › Part 3. Woman's Right to Know › 50-20-308. Protection of privacy in court proceedings

50-20-308. Protection of privacy in court proceedings.
In a civil or criminal proceeding under this chapter, the court shall determine whether the anonymity of a woman upon whom an abortion has been performed or attempted must be preserved from public disclosure, unless the woman waives anonymity. The court shall make a ruling and, upon determining that the woman's anonymity should be preserved, shall issue orders to the parties, witnesses, and counsel and shall direct the sealing of the record and the exclusion of individuals from the proceedings to the extent necessary to safeguard the woman's identity from public disclosure. Each order must be accompanied by specific written findings explaining why the anonymity of the woman should be preserved, why the order is necessary, how the order is tailored to protect the woman's privacy, and why no less restrictive alternative exists. In the absence of written consent of the woman upon whom an abortion has been performed or attempted, a person other than a public official who brings an action under 50-20-307(1) shall do so under a pseudonym.
History: En. Sec. 8, Ch. 566, L. 1995.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 20. Abortion › Part 4. Miscellaneous Abortion Laws › 50-20-401. Offense of partial-birth abortion -- exception -- definitions -- penalties

50-20-401. Offense of partial-birth abortion -- exception -- definitions -- penalties.
(1) Except as provided in this section, a person commits an offense if the person purposely, knowingly, or negligently causes a partial-birth abortion.
(2) Subsection (1) does not apply to:
(a) a partial-birth abortion caused to save the life of a woman because the woman's life is endangered by a physical disorder, illness, or injury, including a life-endangering condition caused by or arising from the pregnancy itself, if no other medical procedure would save the life of the woman; or
(b) the woman upon whom a partial-birth abortion is performed.
(3) As used in this section, the following definitions apply:
(a) "Knowingly" has the meaning provided in 45-2-101.
(b) "Negligently" has the meaning provided in 45-2-101.
(c) (i) "Partial-birth abortion" means an abortion in which the person performing the abortion partially vaginally delivers a living human fetus before killing the fetus and completing the delivery.
(ii) A procedure that constitutes a partial-birth abortion is one in which the following steps occur:
(A) the living fetus is removed intact from the uterus until only the head remains in the uterus;
(B) all or a part of the intracranial contents of the fetus are evacuated;
(C) the head of the fetus is compressed; and
(D) following fetal demise, the fetus is removed from the birth canal.
(d) "Purposely" has the meaning provided in 45-2-101.
(4) A person committing the offense provided for in subsection (1) is guilty of a felony and shall be punished by:
(a) a fine of not more than $50,000;
(b) imprisonment in a correctional facility for a term of not less than 5 years and not more than 10 years; or
(c) both fine and imprisonment as provided in subsections (4)(a) and (4)(b); and
(d) permanent revocation of the license of the physician performing the partial-birth abortion. The provisions of 37-1-203 and 37-1-205 do not apply to a physician whose license is revoked pursuant to this section.
History: En. Sec. 1, Ch. 314, L. 1997; amd. Sec. 3, Ch. 479, L. 1999.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 20. Abortion › Part 5. Parental Consent for Abortion Act › 50-20-501. Short title

50-20-501. Short title.
This part may be cited as the "Parental Consent for Abortion Act of 2013".
History: En. Sec. 1, Ch. 307, L. 2013.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 20. Abortion › Part 5. Parental Consent for Abortion Act › 50-20-502. Legislative purpose and findings

50-20-502. Legislative purpose and findings.
(1) The legislature finds that:
(a) immature minors often lack the ability to make fully informed choices that take into account both immediate and long-range consequences;
(b) the medical, emotional, and psychological consequences of abortion are sometimes serious and can be lasting, particularly when the patient is immature;
(c) the capacity to become pregnant and the capacity for mature judgment concerning the wisdom of an abortion are not necessarily related;
(d) parents ordinarily possess information essential to a physician in the exercise of the physician's best medical judgment concerning the minor;
(e) parents who are aware that their minor daughter has had an abortion may better ensure that the daughter receives adequate medical care after the abortion; and
(f) parental consultation is usually desirable and in the best interests of the minor.
(2) The purpose of this part is to further the important and compelling state interests of:
(a) protecting minors against their own immaturity;
(b) fostering family unity and preserving the family as a viable social unit;
(c) protecting the constitutional rights of parents to rear children who are members of their household; and
(d) reducing teenage pregnancy and unnecessary abortion.
History: En. Sec. 2, Ch. 307, L. 2013.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 20. Abortion › Part 5. Parental Consent for Abortion Act › 50-20-503. Definitions

50-20-503. Definitions.
As used in this part, unless the context requires otherwise, the following definitions apply:
(1) "Coerce" means to restrain or dominate the choice of a minor by force, threat of force, or deprivation of food and shelter.
(2) "Consent" means a notarized written statement obtained on a form and executed in the manner prescribed by 50-20-505 that is signed by a parent or legal guardian of a minor and that declares that the minor intends to seek an abortion and that the parent or legal guardian of the minor consents to the abortion.
(3) "Emancipated minor" means a person under 18 years of age who is or has been married or who has been granted an order of limited emancipation by a court as provided in 41-1-503.
(4) "Medical emergency" means a condition that, on the basis of the good faith clinical judgment of a physician or physician assistant, so complicates the medical condition of a pregnant woman as to necessitate the immediate abortion of the woman's pregnancy to avert the woman's death or a condition for which a delay in treatment will create serious risk of substantial and irreversible impairment of a major bodily function.
(5) "Minor" means a pregnant female under 18 years of age who is not an emancipated minor.
(6) "Physical abuse" means any physical injury intentionally inflicted by a parent or legal guardian on a minor.
(7) "Physician" means a person licensed to practice medicine under Title 37, chapter 3.
(8) "Physician assistant" means a person licensed pursuant to Title 37, chapter 20, who provides medical services under the supervision of a physician.
(9) "Sexual abuse" has the meaning provided in 41-3-102.
History: En. Sec. 3, Ch. 307, L. 2013.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 20. Abortion › Part 5. Parental Consent for Abortion Act › 50-20-504. Consent of parent or legal guardian required

50-20-504. Consent of parent or legal guardian required.
(1) Except as provided in 50-20-507, a physician or physician assistant may not perform an abortion on a minor unless the physician or physician assistant or the agent of the physician or physician assistant first obtains the notarized written consent of a parent or legal guardian of the minor.
(2) The consent of a parent or legal guardian of the minor is invalid unless it is obtained in the manner and on the form prescribed by 50-20-505.
History: En. Sec. 4, Ch. 307, L. 2013.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 20. Abortion › Part 5. Parental Consent for Abortion Act › 50-20-506. Proof of identification and relationship to minor -- retention of records

50-20-506. Proof of identification and relationship to minor -- retention of records.
(1) A parent or legal guardian of a minor who is consenting to the performance of an abortion on the minor shall provide the attending physician or physician assistant or the agent of the physician or physician assistant with government-issued proof of identity and written documentation that establishes that the parent or legal guardian is the lawful parent or legal guardian of the minor.
(2) A physician or physician assistant shall retain the completed consent form and the documents provided pursuant to subsection (1) in the minor's medical file for 5 years after the minor reaches 18 years of age, but in no event less than 7 years.
(3) A physician or physician assistant receiving documentation under this section shall execute for inclusion in the minor's medical record an affidavit stating: "I, (insert name of physician or physician assistant), certify that according to my best information and belief, a reasonable person under similar circumstances would rely on the information presented by both the minor and the minor's parent or legal guardian as sufficient evidence of identity and relationship."
History: En. Sec. 6, Ch. 307, L. 2013.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 20. Abortion › Part 5. Parental Consent for Abortion Act › 50-20-507. Exceptions

50-20-507. Exceptions.
Consent is not required under 50-20-504 if:
(1) the attending physician or physician assistant certifies in the minor's medical record that a medical emergency exists and there is insufficient time to provide consent;
(2) consent is waived, in a notarized writing, by the person entitled to give consent; or
(3) consent is waived under 50-20-509.
History: En. Sec. 7, Ch. 307, L. 2013.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 20. Abortion › Part 5. Parental Consent for Abortion Act › 50-20-508. Coercion prohibited

50-20-508. Coercion prohibited.
A parent, a legal guardian, or any other person may not coerce a minor to have an abortion. If a minor is denied financial support by the minor's parents, legal guardian, or custodian because of the minor's refusal to have an abortion, the minor must be considered an emancipated minor for the purposes of eligibility for public assistance benefits. The public assistance benefits may not be used to obtain an abortion.
History: En. Sec. 8, Ch. 307, L. 2013.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 20. Abortion › Part 5. Parental Consent for Abortion Act › 50-20-510. Criminal and civil penalties

50-20-510. Criminal and civil penalties.
(1) A person convicted of performing an abortion in violation of 50-20-504 shall be fined an amount not to exceed $1,000 or be imprisoned in the county jail for a term not to exceed 1 year, or both. On a second or subsequent conviction, the person shall be fined an amount not less than $500 or more than $50,000 and be imprisoned in the state prison for a term of not less than 10 days or more than 5 years, or both.
(2) Failure to obtain the consent required under 50-20-504 is prima facie evidence in an appropriate civil action for a violation of a professional obligation. The evidence does not apply to issues other than failure to obtain the consent of a parent or legal guardian. A civil action may be based on a claim that the failure to obtain consent was the result of a violation of the appropriate legal standard of care. Failure to obtain consent is presumed to be actual malice pursuant to the provisions of 27-1-221. This part does not limit the common-law rights of parents.
(3) A person who coerces a minor to have an abortion is guilty of a misdemeanor and upon conviction shall be fined an amount not to exceed $1,000 or be imprisoned in the county jail for a term not to exceed 1 year, or both. On a second or subsequent conviction, the person shall be fined an amount not less than $500 or more than $50,000 and be imprisoned in the state prison for a term of not less than 10 days or more than 5 years, or both.
(4) A person not authorized to grant consent under 50-20-504 who signs a consent form provided for in 50-20-505 is guilty of a misdemeanor.
History: En. Sec. 10, Ch. 307, L. 2013.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 20. Abortion › Part 5. Parental Consent for Abortion Act › 50-20-511. Construction

50-20-511. Construction.
Nothing in this part may be construed as creating or recognizing a right to abortion. It is not the intention of this part to make lawful an abortion that is currently unlawful.
History: En. Sec. 11, Ch. 307, L. 2013.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 20. Abortion › Part 6. Montana Pain-Capable Unborn Child Protection Act › 50-20-601. Short title

50-20-601. Short title.
This part may be cited as the "Montana Pain-Capable Unborn Child Protection Act".
History: En. Sec. 1, Ch. 307, L. 2021.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 20. Abortion › Part 6. Montana Pain-Capable Unborn Child Protection Act › 50-20-602. Definitions

50-20-602. Definitions.
As used in this part, the following definitions apply:
(1) "Fertilization" means the fusion of a human spermatozoon with a human ovum.
(2) "Gestational age" means the age of an unborn child, calculated from the first day of the woman's last menstrual period.
(3) "Knowing" or "knowingly" has the meaning provided in 45-2-101.
(4) (a) "Medical emergency" means a condition that, in reasonable medical judgment, so complicates the medical condition of a pregnant woman that it necessitates the immediate abortion of the woman's pregnancy without first determining gestational age in order to avert the woman's death or for which the delay necessary to determine gestational age will create serious risk of substantial and irreversible physical impairment of a major bodily function, not including psychological or emotional conditions.
(b) The term does not include a condition that is based on a claim or diagnosis that the woman will engage in conduct that the woman intends to result in the woman's death or in substantial and irreversible physical impairment of a major bodily function.
(5) "Medical practitioner" means a person authorized under 50-20-109 to perform an abortion.
(6) "Probable gestational age of the unborn child" means what, in reasonable medical judgment, will with reasonable probability be the gestational age of the unborn child at the time the abortion is planned to be performed or attempted.
(7) "Purposeful" or "purposely" has the meaning provided in 45-2-101.
(8) "Reasonable medical judgment" means a medical judgment that would be made by a reasonably prudent medical practitioner who is knowledgeable about the case and the treatment possibilities with respect to the medical conditions involved.
(9) "Serious health risk to the unborn child's mother" means that, in reasonable medical judgment, the mother has a condition that so complicates the mother's medical condition that it necessitates the abortion of the mother's pregnancy to avert the mother's death or to avert serious risk of substantial and irreversible physical impairment of a major bodily function, not including psychological or emotional conditions. No greater risk may be determined to exist if it is based on a claim or diagnosis that the mother will engage in conduct that the mother intends to result in the mother's death or in substantial and irreversible impairment of a major bodily function.
(10) "Unborn child" or "fetus" means an individual organism of the species homo sapiens from fertilization until live birth.
History: En. Sec. 2, Ch. 307, L. 2021.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 20. Abortion › Part 6. Montana Pain-Capable Unborn Child Protection Act › 50-20-603. Protection of unborn child capable of feeling pain from abortion

50-20-603. Protection of unborn child capable of feeling pain from abortion.
(1) (a) A person may not perform or attempt to perform an abortion of an unborn child capable of feeling pain unless it is necessary to prevent a serious health risk to the unborn child's mother.
(b) For the purposes of this subsection (1), an unborn child is capable of feeling pain when it has been determined by the medical practitioner performing or attempting the abortion or by another medical practitioner on whose determination the medical practitioner relies that the probable gestational age of the unborn child is 20 or more weeks.
(2) Except in the case of a medical emergency, an abortion may not be performed or attempted unless the medical practitioner has first made a determination of the probable gestational age of the unborn child or relied on a determination made by another medical practitioner. In making this determination, the medical practitioner shall make inquiries of the woman and perform or cause to be performed medical examinations and tests that a reasonably prudent practitioner who is knowledgeable about the case and the medical conditions involved would consider necessary to perform in making an accurate diagnosis with respect to gestational age.
(3) When an abortion of an unborn child capable of feeling pain is necessary to prevent a serious health risk to the unborn child's mother, the medical practitioner shall terminate the pregnancy in the manner that, in reasonable medical judgment, provides the best opportunity for the unborn child to survive unless, in reasonable medical judgment, termination of the pregnancy in that manner would pose a greater risk either of the death of the pregnant woman or of the substantial and irreversible physical impairment of a major bodily function, not including psychological or emotional conditions, of the woman than would other available methods. No greater risk may be determined to exist if it is based on a claim or diagnosis that the woman will engage in conduct that the woman intends to result in the woman's death or in substantial and irreversible physical impairment of a major bodily function.
History: En. Sec. 3, Ch. 307, L. 2021.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 20. Abortion › Part 6. Montana Pain-Capable Unborn Child Protection Act › 50-20-604. Criminal penalties

50-20-604. Criminal penalties.
A person who purposely or knowingly performs or attempts to perform an abortion in violation of 50-20-603 is guilty of a felony punishable in accordance with 50-20-112.
History: En. Sec. 4, Ch. 307, L. 2021.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 20. Abortion › Part 6. Montana Pain-Capable Unborn Child Protection Act › 50-20-605. Civil remedies

50-20-605. Civil remedies.
(1) A woman on whom an abortion has been performed or attempted in violation of 50-20-603 or the father of the unborn child who was the subject of the abortion may maintain an action against the person who performed or attempted the abortion in a purposeful or knowing violation of 50-20-603 for actual and punitive damages.
(2) (a) A cause of action for injunctive relief against a person who has purposely or knowingly violated 50-20-603 may be maintained by:
(i) the woman on whom an abortion was performed or attempted or, if the woman is a minor, the woman's parent or guardian;
(ii) a person who is the spouse of the woman on whom an abortion has been performed or attempted;
(iii) a prosecuting attorney with appropriate jurisdiction; or
(iv) the attorney general.
(b) The injunction must prevent the person from performing or attempting additional abortions in violation of 50-20-603 in this state.
(3) If judgment is rendered in favor of the plaintiff in an action described in this section, the court shall order the defendant to pay reasonable attorney fees to the plaintiff.
(4) If judgment is rendered in favor of the defendant and the court finds that the plaintiff's lawsuit was frivolous and brought in bad faith, the court shall order the plaintiff to pay reasonable attorney fees to the defendant.
(5) Damages or attorney fees may not be assessed against the woman on whom an abortion was performed or attempted except in accordance with subsection (4).
History: En. Sec. 5, Ch. 307, L. 2021.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 20. Abortion › Part 6. Montana Pain-Capable Unborn Child Protection Act › 50-20-606. Protection of privacy in court proceedings

50-20-606. Protection of privacy in court proceedings.
In a civil or criminal proceeding brought under 50-20-604 or 50-20-605, the court shall determine whether the anonymity of the woman on whom an abortion has been performed or attempted must be preserved from public disclosure if the woman does not consent to the disclosure. The court, on motion or sua sponte, shall make a determination and, on determining that the woman's anonymity should be preserved, shall issue orders to the parties, witnesses, and counsel and shall direct the sealing of the record and exclusion of individuals from courtrooms or hearing rooms to the extent necessary to safeguard the woman's identity from public disclosure. The order must be accompanied by specific written findings explaining why the anonymity of the woman should be preserved from public disclosure, why the order is essential to that end, how the order is narrowly tailored to serve that interest, and why no reasonable, less restrictive alternative exists. In the absence of written consent of the woman on whom an abortion has been performed or attempted, anyone, other than a public official, who brings an action under 50-20-605(1) or (2) shall do so under a pseudonym. This section may not be construed to conceal from the defendant or from attorneys for the defendant the identity of the plaintiff or of witnesses.
History: En. Sec. 6, Ch. 307, L. 2021.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 20. Abortion › Part 7. Montana Abortion-Inducing Drug Risk Protocol Act › 50-20-701. Short title

50-20-701. Short title.
This part may be cited as the "Montana Abortion-Inducing Drug Risk Protocol Act".
History: En. Sec. 1, Ch. 309, L. 2021.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 20. Abortion › Part 7. Montana Abortion-Inducing Drug Risk Protocol Act › 50-20-702. Legislative findings and purpose

50-20-702. Legislative findings and purpose.
The purpose of this part is to further the important and compelling state interests of:
(1) protecting the health and welfare of a woman considering a chemical abortion;
(2) ensuring that a medical practitioner examines a woman prior to dispensing an abortion-inducing drug in order to confirm the gestational age of the unborn child, the intrauterine location of the unborn child, and that the unborn child is alive because the routine administration of an abortion-inducing drug following spontaneous miscarriage is unnecessary and exposes the woman to unnecessary risks associated with the abortion-inducing drug;
(3) ensuring that a medical practitioner does not prescribe or dispense an abortion-inducing drug after 70 days have elapsed since the first day of a woman's last menstrual period;
(4) reducing the risk that a woman may elect an abortion only to discover later, with devastating psychological consequences, that the woman's decision was not fully informed;
(5) ensuring that a woman considering a chemical abortion receives comprehensive information on abortion-inducing drugs, including the potential to reverse the effects of the drugs if the woman changes the woman's mind, and that a woman submitting to an abortion does so only after giving voluntary and fully informed consent to the procedure; and
(6) promoting the health and safety of women by adding to the sum of medical and public health knowledge through the compilation of relevant data on chemical abortions performed in the state as well as data on all medical complications and maternal deaths resulting from these abortions.
History: En. Sec. 2, Ch. 309, L. 2021.