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Montana Title 50. Health and Safety § 50-20-109. Control of practice of abortion

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(1)?Except as provided in 50-20-401, an abortion may not be performed within the state of Montana:

(a)?except by a licensed physician or physician assistant;

(b)?after viability of the fetus, except as provided in subsection (2).

(2)?An abortion under subsection (1)(b)?may be performed only to preserve the life or health of the mother and only if:

(a)?the judgment of the physician who is to perform the abortion is first certified in writing by the physician, setting forth in detail the facts relied upon in making the judgment; ?and

(b)?two other licensed physicians have first examined the patient and concurred in writing with the judgment. The certification and concurrence in this subsection (2)(b)?are not required if a licensed physician certifies that the abortion is necessary to preserve the life of the mother.

(3)?The timing and procedure used in performing an abortion under subsection (1)(b)?must be such that the viability of the fetus is not intentionally or negligently endangered, as the term ?negligently? is defined in 45-2-101. The fetus may be intentionally endangered or destroyed only if necessary to preserve the life or health of the mother.

(4)?For purposes of this section, ?health? means the prevention of a risk of substantial and irreversible impairment of a major bodily function.

(5)?The supervision agreement of a physician assistant may provide for performing abortions.

(6)?Violation of subsections (1)?through (3) is a felony.

No person shall own or operate a clinical laboratory located in or accepting specimens from New York state or own or operate a blood bank which collects, processes, stores and/or distributes, human blood, blood derivatives or blood components, in New York state unless a valid permit has been issued as provided in section five hundred seventy-five of this title. ?A permit shall be issued authorizing the performance of one or more procedures or services within one or more categories. ?A separate permit shall be required for each facility at which clinical laboratory tests are to be performed or at which a blood bank is to be operated, provided, however that the department may adopt regulations not inconsistent with the federal clinical laboratory improvement act of nineteen hundred eighty-eight authorizing an owner to operate more than one facility under a single permit.

Cite this article: - Montana Title 50. Health and Safety § 50-20-109. Control of practice of abortion - last updated April 27, 2021 |

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