(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.