Title 50, Title 50

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 t…

(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 wh…

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 …

(1) Within 90 days after July 1, 1995, the department shall prepare a reporting form to be used by physicians that contains a reprint of this chapter and on which the physician shall list: (a) the number of women to whom the physician provided the information described in 50-20-1…

(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 incapa…

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, u…

(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 i…

This part may be cited as the "Parental Consent for Abortion Act of 2013".

(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 las…

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…

(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 guardia…

(1) The department of public health and human services shall create a consent form to be used by physicians, physician assistants, or their agents in obtaining the consent of a parent or legal guardian as required under 50-20-504 or in obtaining the waiver of the consent of a par…

(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 docume…

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 e…

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 …

(1) The requirements and procedures under this section are available to minors whether or not they are residents of this state. (2) A minor may petition the youth court for a waiver of the requirement for consent and may participate in the proceedings on the minor's own behalf. T…

(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 les…

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.

This part may be cited as the "Montana Pain-Capable Unborn Child Protection Act".

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 "kno…

(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 p…

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.

(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 o…

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 c…

This part may be cited as the "Montana Abortion-Inducing Drug Risk Protocol Act".

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 ord…

As used in this part, the following definitions apply: (1) "Abortion" means the act of using or prescribing an instrument, medicine, drug, or any other substance, device, or means with the intent to terminate the clinically diagnosable pregnancy of a woman, with knowledge that te…

An abortion-inducing drug may be provided only by a qualified medical practitioner following the procedures set forth in this part. A manufacturer, supplier, medical practitioner, qualified medical practitioner, or any other person may not provide an abortion-inducing drug via co…

(1) Because the failure and complication rates from a chemical abortion increase with advancing gestational age and because the physical symptoms of chemical abortion can be identical to the symptoms of ectopic pregnancy and abortion-inducing drugs do not treat ectopic pregnancie…

An abortion-inducing drug may not be provided in an elementary, secondary, or postsecondary school facility or on school grounds.

(1) An abortion-inducing drug may not be provided without the informed consent of the pregnant woman to whom the abortion-inducing drug is being provided. (2) Informed consent to a chemical abortion must be obtained at least 24 hours before the abortion-inducing drug is provided …

(1) The department shall publish state-prepared, printed materials on informed consent for abortion and shall include the following statement: "Information on the potential ability of qualified medical practitioners to reverse the effects of an abortion obtained through the use o…

(1) For the purpose of promoting maternal health and adding to the sum of medical and public health knowledge through the compilation of relevant data, a report of each chemical abortion performed must be made to the department on forms prescribed by the department. The reports m…

The department shall create and distribute the forms required by this part within 60 days after October 1, 2021.

(1) A person who purposely or knowingly or negligently violates any provision of this part is guilty of a felony and upon conviction shall be fined an amount not to exceed $50,000, be imprisoned in a state prison for a term not to exceed 20 years, or both. As used in this section…

(1) In addition to all other remedies available under the laws of this state, failure to comply with the requirements of this part: (a) provides a basis for a civil malpractice action for actual and punitive damages; (b) provides a basis for professional disciplinary action under…

This part may not be construed to: (1) create or recognize a right to abortion; (2) make lawful an abortion that is otherwise unlawful; or (3) repeal, replace, or otherwise invalidate existing federal laws, regulations, or policies.

The legislature, by joint resolution, may appoint one or more of its members, who sponsored or cosponsored this part in the member's official capacity, to intervene as a matter of right in any case in which the constitutionality of this part is challenged.

This part may be cited as the "Infant Safety and Care Act".

The legislature finds, with respect to this part, that: (1) there is a compelling interest in protecting the life of an infant born alive following an attempted abortion; (2) an infant born alive following an attempted abortion is a legal person for all purposes under the laws of…

As used in this part, the following definitions apply: (1) "Abortion clinic" means a health care provider that performs any abortion procedure or provides an abortion-inducing drug. (2) (a) "Abortion-inducing drug" means a medicine, drug, or any other substance provided, prescrib…

(1) A health care provider present at the time an infant is born alive following an abortion or an attempted abortion shall: (a) exercise the same degree of professional skill, care, and diligence to preserve the life and health of the infant as a reasonably diligent and conscien…

(1) A health care provider who purposely or knowingly violates 50-20-804 commits a felony offense and, on conviction, shall be subject to a fine not to exceed $1,000, imprisonment in the state prison for a term not to exceed 5 years, or both. (2) A licensed health care provider w…

A health care provider, medical facility, abortion clinic, or employee or volunteer of a medical facility or abortion clinic with knowledge of a violation of this part shall immediately report the violation to the department of justice.

The legislature, by joint resolution, may 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 does not prohibit the application of the laws of this state protecting children to infants born alive during an attempted abortion.