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 the first 3 months of pregnancy, except in a hospital licensed by the department;
     (c) after viability of the fetus, unless in appropriate medical judgment, the abortion is necessary to preserve the life or health of the mother.
     (2) An abortion under subsection (1)(c) may only be performed if:
     (a) the foregoing 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)(c) 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) A physician, facility, or other person or agency may not engage in solicitation, advertising, or other form of communication that has the purpose of inviting, inducing, or attracting a person to come to the physician, facility, or other person or agency to have an abortion or to purchase abortifacients.
     (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. Violation of subsection (4) is a misdemeanor.

     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.