Title 50, Title 50

(1) Every female, as defined in 1-1-209, regardless of age or marital status, seeking prenatal care from a health care provider is required to submit a blood specimen for the purpose of a standard serological test. In submitting the specimen to the laboratory, the health care pro…

(1) The tests for syphilis, hepatitis B surface antigen, and rubella immunity must be done by the laboratory of the department, a laboratory approved by the department, any other state laboratory, or a United States public health service or armed forces laboratory. (2) The depart…

All positive laboratory tests for any sexually transmitted diseases or hepatitis B surface antigen must be reported to the department by the laboratory preparing the test. The department shall prescribe the form and way of reporting.

The report of the results of the test certified by the laboratory must be exhibited by the health care provider to the patient. Upon request of the patient, the report of the results of the test may be exhibited to the spouse of the patient, or if the patient is a minor, report o…

Certificates, laboratory statements or reports, or any other matters in this part referred to and the information therein contained shall be confidential and may not be divulged to or open to inspection by any person other than the patient or those designated by the patient to re…

The district court within the county wherein any person affected by this part resides may waive the requirements of this part as to the person if the judge is satisfied, by affidavit or other proof, that the tests required by the part are contrary to the tenets or practices of th…

A birth or fetal death certificate shall state whether a standard serological test was made on the specimen of blood, but the birth or fetal death certificate may not show the result of the test. The certificate shall state the approximate date when the specimen was taken, and if…

As used in this part, the following definitions apply: (1) "Department" means the department of public health and human services provided for in 2-15-2201. (2) "Newborn" means an infant under 28 days of life. (3) "Person" means an individual, firm, partnership, association, corpo…

This part shall be administered by the department, and the department may adopt rules for the administration of this part.

(1) A person in charge of a facility in which a child is born or a facility in which a newborn is provided care or a person responsible for the registration of the birth of a newborn shall ensure that each newborn is administered tests designed to detect inborn metabolic and gene…

(1) The department and the staff of the Montana developmental center shall make available and furnish, when requested, any assistance and services permitted by law to achieve the legislative intent of this part. (2) The department may determine its procedure for advising the atte…

(1) There is a newborn screening advisory committee. The committee consists of 12 members appointed by the director of the department. (2) (a) The director shall appoint the following voting members: (i) two members who are persons affected by or family members of a person affect…

(1) Genetic material obtained to conduct the newborn screenings required under this part may not be used for any purposes other than the required screenings unless a parent or guardian consents in writing to use of the material for other purposes. (2) A parent or guardian may req…

(1) A combined, comprehensive statewide genetics program is established in the department to ensure the availability of services that include but are not limited to: (a) comprehensive clinical and self-supporting laboratory genetic services, including but not limited to cytogenet…

There is an account in the state special revenue fund to the credit of the department to be used solely for the purposes provided in 50-19-211.

This part may be cited as "The Montana Initiative for the Abatement of Mortality in Infants (MIAMI) Act".

The purposes of this part are to: (1) assure that mothers and children, in particular those with low income or with limited availability of health services, receive access to quality maternal and child health services; (2) reduce infant mortality and the number of low birthweight…

For purposes of this part, the following definitions apply: (1) "Department" means the department of public health and human services provided for in 2-15-2201. (2) "Low income" means, with respect to an individual or family, income that does not exceed the official federal pover…

(1) There is a MIAMI project established in the department. (2) Under the project, the department shall provide the following services: (a) infant mortality review; (b) morbidity review of births involving low birthweight babies; (c) low birthweight prevention; (d) assistance to …

(1) The department shall contract with service providers to provide services under the MIAMI project. (2) In selecting service providers, the department shall take into consideration the past performance of the person, agency, or organization in providing similar services, the de…

(1) The department may apply for and receive federal aid and other funding available for the MIAMI project. (2) Federal funds and other funding that may be available may be appropriated to the department for use in administering the provisions of this part.

The department shall coordinate services under the MIAMI project with other services and programs in the state including: (1) the early and periodic screening, diagnosis, and treatment services program under Title XIX of the federal Social Security Act; (2) the Montana medicaid p…

This part may be cited as the "Fetal, Infant, Child, and Maternal Mortality Prevention Act".

(1) The prevention of fetal, infant, child, and maternal deaths is both the policy of the state of Montana and a community responsibility. Many community professionals have expertise that can be used to promote the health, safety, and welfare of fetuses, infants, children, and po…

(1) A local fetal, infant, child, and maternal mortality review team must be approved by the department of public health and human services. Approval may be given if: (a) the county health department, a tribal health department if the tribal government agrees, or both are represe…

Material and information obtained by a local fetal, infant, child, and maternal mortality review team are not subject to disclosure under the public records law. Material and information obtained by a review team are not subject to subpoena.

A person aggrieved by the use of information obtained pursuant to 50-19-402(2) for a purpose not authorized by 50-19-402(3) or by a disclosure of that information in violation of 50-19-402(2) may bring a civil action in the district court of the county of the person's residence f…

A person who knowingly uses information obtained pursuant to 50-19-402(2) for a purpose not authorized by 50-19-402(3) or who discloses that information in violation of 50-19-402(2) is guilty of a misdemeanor and upon conviction is punishable as provided in 46-18-212.

(1) The Montana legislature finds that breastfeeding a baby is an important and basic act of nurturing that must be protected in the interests of maternal and child health and family values. A mother, as defined in 1-1-209, has a right to breastfeed the mother's child in any loca…

This part may be cited as the "Dismemberment Abortion Prohibition Act".

As used in this part, the following definitions apply: (1) (a) "Abortion" means the use or prescription of any instrument, medicine, drug, or other substance or device to intentionally terminate the pregnancy of a woman known to be pregnant, with an intention other than to increa…

(1) Except in a medical emergency, a person may not purposely or knowingly perform, induce, or attempt to perform or induce a dismemberment abortion procedure. (2) A person who violates this section is guilty of a felony and on conviction shall be punished by a fine in an amount …

(Effective on occurrence of contingency) Reporting -- forms. (1) If a physician or physician assistant performs a dismemberment abortion procedure because of a medical emergency, the physician or the physician assistant shall, within 15 days, file with the department on a form su…

(Subsections (2) and (3) effective on occurrence of contingency) Professional sanctions -- civil fines -- enforcement. (1) A physician or physician assistant who purposely or knowingly violates 50-20-1003 commits unprofessional conduct, and the person's license to practice medici…

(1) This part may not be construed to: (a) create or recognize a right to abortion or a right to government funding of abortion; (b) alter generally accepted medical standards; or (c) make lawful an abortion that is otherwise unlawful. (2) The right of individual privacy as refer…

The legislature may, by joint resolution, appoint one or more of its members to intervene as a matter of right in any case in which the constitutionality or enforceability of this part is challenged.

This part may be cited as the "Montana Abortion Control Act".

(1) The legislature reaffirms the tradition of the state of Montana to protect every human life, whether unborn or aged, healthy or sick. In keeping with this tradition and in the spirit of our constitution, we reaffirm the intent to extend the protection of the laws of Montana i…

It is the intent of the legislature to restrict abortion to the extent permissible under decisions of appropriate courts or paramount legislation.

As used in this chapter, the following definitions apply: (1) "Abortion" means the use or prescription of any instrument, medicine, drug, or other substance or device to intentionally terminate the pregnancy of a woman known to be pregnant, with an intention other than to increas…

(1) The department shall make regulations to provide for the humane disposition of dead infants or fetuses. (2) The department shall make regulations for a comprehensive system of reporting of maternal deaths and complications within the state resulting directly or indirectly fro…

(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…

(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 a…

(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, un…

(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 …

(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 …