As used in this part, the following definitions apply:

1. (1)

   1. (a) "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.

   2. (b) The term does not include:

      1. (i) an act to remove an ectopic pregnancy; or
      2. (ii) a separation procedure performed because of a medical emergency and prior to the ability of the unborn child to survive outside of the womb with or without artificial support.
2. (2) "Attempt to perform or induce an abortion" means to do or omit anything that, under the circumstances as a person believes them to be, is an act or omission that constitutes a substantial step in a course of conduct planned to culminate in the performance or induction of an abortion in violation of this part.
3. (3) "Department" means the department of public health and human services provided for in 2-15-2201.

4. (4) "Dismemberment abortion" or "dismemberment abortion procedure" means a procedure that involves:

   1. (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
   2. (b) dilation of the cervix, insertion of grasping instruments, and removal of disarticulated fetal parts from a living unborn human being.
5. (5) "Gestational age" or "probable gestation age" means the age of an unborn human being as calculated from the first day of the last menstrual period of the pregnant woman.
6. (6) "Human being" means an individual member of the species Homo sapiens, from and after the point of conception.
7. (7) "Knowingly" has the meaning provided in 45-2-101.
8. (8) "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.

9. (9)

   1. (a) "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.
   2. (b) The term does not include mental or psychological conditions.
10. (10) "Physician" means a person licensed to practice medicine in Montana.
11. (11) "Physician assistant" means a person licensed under Title 37, chapter 20.
12. (12) "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.
13. (13) "Purposely" has the meaning provided in 45-2-101.

History: En. Sec. 2, Ch. 490, L. 2023.