Montana Code 50-20-804. Infant safety and protection
50-20-804. Infant safety and protection. (1) A health care provider present at the time an infant is born alive following an abortion or an attempted abortion shall:
Terms Used In Montana Code 50-20-804
- 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 increase the probability of a live birth, to preserve the life or health of the child after live birth, or to remove a dead fetus. See Montana Code 50-20-104
- attempted: means an act or an omission of a statutorily required act that, under the circumstances as the actor believes them to be, constitutes a substantial step in a course of conduct planned to culminate in the performance of an abortion in violation of this chapter. See Montana Code 50-20-104
- Born alive: means the complete expulsion or extraction from the mother of a human infant, at any stage of development, who, after expulsion or extraction, breathes, has a beating heart, or has definite movement of voluntary muscles, regardless of whether the umbilical cord has been cut and regardless of whether the expulsion or extraction occurs as a result of natural or induced labor, cesarean section, induced abortion, or another method. See Montana Code 50-20-803
- Facility: means a hospital, health care facility, physician's office, or other place in which an abortion is performed. See Montana Code 50-20-104
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Health care provider: means an individual who may be asked to participate in any way in a health care service or procedure, including but not limited to a physician, physician's assistant, nurse, certified nursing assistant, medical assistant, hospital employee, medical facility employee, or abortion clinic employee. See Montana Code 50-20-803
(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 conscientious health care provider would render to any other infant born alive at the same gestational age; and
(b)following the exercise of skill, care, and diligence required under subsection (1)(a), ensure the infant born alive is immediately transported and admitted to a medical facility.
(2)The requirements of this section may not be construed to prevent an infant’s parents or guardian from refusing to give consent to medical treatment or surgical care that is not medically necessary or reasonable, including care or treatment that:
(a)is not necessary to save the life of the infant;
(b)has a potential risk to the infant’s life or health that outweighs the potential benefit to the infant from the treatment or care; or
(c)will do no more than temporarily prolong the act of dying when death is imminent.