50-20-109. Control of practice of abortion. (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;
     (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 utilization plan of a physician assistant-certified may not provide for performing abortions.
     (6) Violation of subsections (1) through (3) and (5) is a felony.

     History: En. 94-5-618 by Sec. 6, Ch. 284, L. 1974; amd. Sec. 20, Ch. 359, L. 1977; R.C.M. 1947, 94-5-618; amd. Sec. 7, Ch. 485, L. 1981; amd. Sec. 2, Ch. 321, L. 1995; amd. Sec. 11, Ch. 354, L. 1995; amd. Sec. 2, Ch. 314, L. 1997; amd. Sec. 2, Ch. 479, L. 1999.