Montana Code 50-20-113. Provision of information — exceptions — penalty
50-20-113. Provision of information — exceptions — penalty. (1) (a) Except as provided in subsection (2), a person performing an abortion on a pregnant woman or that person’s agent shall inform the woman of the opportunity to:
Terms Used In Montana Code 50-20-113
- 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
- Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 50-20-104
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
(i)view an active ultrasound of the unborn child;
(ii)view an ultrasound image of the unborn child; and
(iii)listen to the fetal heart tone of the unborn child, if audible.
(b)The quality of the active ultrasound, ultrasound image, and auscultation of the fetal heart tone must be consistent with standard medical practices in the community in which the abortion is being performed.
(2)Subsection (1) does not apply to a procedure performed with the intent to:
(a)save the life of the woman;
(b)ameliorate a serious risk of causing the woman substantial and irreversible impairment of a bodily function; or
(c)remove an ectopic pregnancy.
(3)The person performing the abortion or that person’s agent shall obtain the woman’s signature on a certification form developed by the department that:
(a)contains an acknowledgment that the woman was informed of the opportunities provided for in subsection (1); and
(b)indicates whether the woman viewed the active ultrasound or ultrasound image or listened to the fetal heart tone.
(4)(a) Before an abortion is performed or attempted, the person who is performing or attempting the abortion must receive a copy of the signed certification form provided for in subsection (3).
(b)A copy of the certification form must be retained in the woman’s medical record.
(5)A person who performs or attempts to perform an abortion in violation of this section is subject to a civil penalty of $1,000.