Montana Code 50-4-1003. Definitions
50-4-1003. Definitions. As used in this part, unless the context clearly indicates otherwise, the following definitions apply:
Terms Used In Montana Code 50-4-1003
- Female: means a member of the human species who, under normal development, has XX chromosomes and produces or would produce relatively large, relatively immobile gametes, or eggs, during her life cycle and has a reproductive and endocrine system oriented around the production of those gametes. See Montana Code 50-4-1003
- Gender: means the psychological, behavioral, social, and cultural aspects of being male or female. See Montana Code 50-4-1003
- Male: means a member of the human species who, under normal development, has XY chromosomes and produces or would produce small, mobile gametes, or sperm, during his life cycle and has a reproductive and endocrine system oriented around the production of those gametes. See Montana Code 50-4-1003
- Minor: means an individual under 18 years of age. See Montana Code 50-4-1003
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- Sex: means the organization of body parts and gametes for reproduction in human beings and other organisms. See Montana Code 50-4-1003
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
(1)”Female” means a member of the human species who, under normal development, has XX chromosomes and produces or would produce relatively large, relatively immobile gametes, or eggs, during her life cycle and has a reproductive and endocrine system oriented around the production of those gametes. An individual who would otherwise fall within this definition, but for a biological or genetic condition, is female for the purposes of this part.
(2)”Gender” means the psychological, behavioral, social, and cultural aspects of being male or female. An individual’s gender may or may not align with the individual’s sex.
(3)”Gender dysphoria” is the condition defined in the Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition.
(4)”Health care professional” means a person who is licensed, certified, or otherwise authorized by the laws of this state to administer health care in the ordinary course of the practice of the person’s profession.
(5)”Male” means a member of the human species who, under normal development, has XY chromosomes and produces or would produce small, mobile gametes, or sperm, during his life cycle and has a reproductive and endocrine system oriented around the production of those gametes. An individual who would otherwise fall within this definition, but for a biological or genetic condition, is male for purposes of this part.
(6)”Mental health professional” means a person who is licensed to diagnose and treat mental health conditions in this state.
(7)”Minor” means an individual under 18 years of age.
(8)”Physician” means a person who is licensed to practice medicine in this state.
(9)”Sex” means the organization of body parts and gametes for reproduction in human beings and other organisms. In human beings, there are exactly two sexes, male and female, with two corresponding types of gametes. The sexes are determined by the biological and genetic indication of male or female, including sex chromosomes, naturally occurring sex chromosomes, gonads, and nonambiguous internal and external genitalia present at birth, without regard to an individual’s psychological, behavioral, social, cultural, chosen, or subjective experience of gender.
(10)”Social transitioning” means acts other than pharmaceutical or surgical interventions that are offered as treatment to a minor for the purpose of the minor presenting as the opposite sex or an identity other than the minor’s sex, including the changing of a minor’s preferred pronouns or dress and the recommendation to wear clothing or devices, such as binders, for the purpose of concealing a minor’s secondary sex characteristics.