Terms Used In Montana Code > Title 50 > Chapter 20 > Part 10 - Dismemberment Abortion Prohibition Act

• 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 unborn human being. See Montana Code 50-20-1002
• 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
• Conviction: A judgement of guilt against a criminal defendant.
• Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 50-20-1002
• dismemberment abortion procedure: means a procedure that involves:

  (a)the use or prescription of any instrument, medicine, drug, or other substance or device to intentionally terminate the clinically diagnosable pregnancy of a woman with knowledge that the termination by those means will, with reasonable likelihood, cause the death of the unborn human being; and

  (b)dilation of the cervix, insertion of grasping instruments, and removal of disarticulated fetal parts from a living unborn human being. See Montana Code 50-20-1002

• 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 1-1-201
• Human being: means an individual member of the species Homo sapiens, from and after the point of conception. See Montana Code 50-20-1002
• Joint resolution: A legislative measure which requires the approval of both chambers.
• Knowingly: has the meaning provided in 45-2-101. See Montana Code 50-20-1002
• Major bodily function: includes but is not limited to functions of the immune system, normal cell growth, and digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions. See Montana Code 50-20-1002
• Medical emergency: means a condition that, on the basis of a physician's good faith clinical judgment, makes a separation procedure performed prior to the ability of the unborn human being to survive outside of the womb with or without artificial support necessary to preserve the life of a pregnant woman whose life is endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition arising from the pregnancy itself, or when the continuation of the pregnancy will create a serious risk of substantial and irreversible impairment of a major bodily function. See Montana Code 50-20-1002
• Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
• Physician: means a person licensed to practice medicine in Montana. See Montana Code 50-20-1002
• Physician assistant: means a person licensed under Title 37, chapter 20. See Montana Code 50-20-1002
• Pregnant: means the human female reproductive condition of having a living unborn human being within the female's body throughout the entire embryonic and fetal stages of the unborn human being from fertilization to full gestation and childbirth. See Montana Code 50-20-1002
• Purposely: has the meaning provided in 45-2-101. See Montana Code 50-20-1002