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Montana Abortion Laws
Explanation of Chart and More Information on Abortion Laws
| Code Section | 50-20-101 to 112; 50-20-401; 50-20-201 et seq. |
| Statutory Definition of Illegal Abortion | 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 increase the probability of a live birth, to preserve the life or health of the child, or to remove a dead fetus. Partial Birth Abortion: Unlawful except to save the life of mother when endangered by physical disorder, illness, or injury when no other medical procedure would save the woman's life |
| Statutory Definition of Legal Abortion | After viability, if necessary according to M.D. to preserve life or health of mother; procedure utilized must not negligently or intentionally endanger life of fetus unless to preserve mother's life |
| Penalty for Unlawful Abortion | Violation of infant protection; violation of abortion practices by M.D.: felony, fine to $1,000 and/or imprisonment to 5 years; violation of consent provisions or of inducing woman to have abortion: misdemeanor, fine to $500 and/or imprisonment to 6 months; no penalties may be placed on the mother; illegal partial birth abortion: felony with fine up to $50,000 and/or 5-10 yrs. in prison and permanent revocation of physician's license |
| Consent Requirements | Informed consent of mother 24 hours prior to procedure, signed by mother and her M.D. except when M.D. certifies necessary to preserve mother's life; or if delay will create serious risk of substantial irreversible impairment of major bodily function if under yrs. and unmarried, written notice of a parent/guardian except where medical emergency exists or where notice is judicially waived |
| Residency Requirements for Patients | - |
| Physician Licensing Requirements | Licensed M.D., after first 3 months in licensed hospital; after viability, M.D. must certify in writing necessity of procedure including grounds for decision plus two other M.D.s must confirm decision except when necessary to preserve mother's life |
Note: State laws are constantly changing -- contact an attorney or conduct your own legal research to verify the state law(s) you are researching.
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- Official State Codes - Links to the official online statutes (laws) in all 50 states and DC.
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