2021 Montana Legislature
_____________ bill NO. _____________
INTRODUCED
BY _________________________________________________
By Request of the ****
A BILL FOR AN ACT ENTITLED: "AN ACT requiring medical practitioners to be physically present when performing an abortion on a pregnant woman; and providing a penalty."
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
NEW SECTION. Section 1. Physical presence required -- penalty. (1) A medical practitioner may not perform or attempt to perform an abortion on a pregnant woman except in the physical presence of the woman.
(2) (a) A person who purposely or knowingly violates this section is guilty of a misdemeanor and shall be fined an amount not to exceed $500, imprisoned for a term not to exceed 6 months, or both.
(b) For a second offense, the person is guilty of a felony and shall be fined an amount not less than $500 or more than $1,000, imprisoned for a term of not less than 6 months or more than 2 years, or both.
(c) For a third or subsequent offense, the person is guilty of a felony and shall be fined an amount not less than $1,000 or more than $10,000, imprisoned for a term of not less than 1 year or more than 5 years, or both.
(3) As used in this section, the following definitions apply:
(a) "Knowingly" has the meaning provided in 45-2-101.
(b) "Medical practitioner" means a person authorized under 50-20-109 to perform an abortion.
(c) "Physical presence" means present in person and does not include the use of telehealth services.
(d) "Purposely" has the meaning provided in 45-2-101.
NEW SECTION. Section 2. Codification instruction. [Section 1] is intended to be codified as an integral part of Title 50, chapter 20, part 4, and the provisions of Title 50, chapter 20, part 4, apply to [section 1].