Montana Code 50-20-110. Reporting of practice of abortion
50-20-110. Reporting of practice of abortion. (1) Every facility in which an abortion is performed within the state shall keep on file, on a form prescribed by the department, a statement dated and certified by the physician who performed the abortion that provides information with respect to the abortion as required by the department by rule. The information must include but is not limited to information on prior pregnancies, the medical procedure employed to administer the abortion, the gestational age of the fetus, the vital signs of the fetus after abortion, if any, and if after viability, the medical procedures employed to protect and preserve the life and health of the fetus.
Terms Used In Montana Code 50-20-110
- 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 fetus. See Montana Code 50-20-104
- Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 50-20-104
- Facility: means a hospital, health care facility, physician's office, or other place in which an abortion is performed. See Montana Code 50-20-104
- Informed consent: means voluntary consent to an abortion by the woman upon whom the abortion is to be performed only after full disclosure to the woman by:
(a)the physician who is to perform the abortion of the following information:
(i)the particular medical risks associated with the particular abortion procedure to be employed, including, when medically accurate, the risks of infection, hemorrhage, breast cancer, danger to subsequent pregnancies, and infertility;
(ii)the probable gestational age of the unborn child at the time the abortion is to be performed; and
(iii)the medical risks of carrying the child to term;
(b)the physician or an agent of the physician:
(i)that medical assistance benefits may be available for prenatal care, childbirth, and neonatal care;
(ii)that the father is liable to assist in the support of the child, even in instances in which the father has offered to pay for the abortion; and
(iii)that the woman has the right to review the printed materials described in 50-20-304; and
(c)the physician or the agent that the printed materials described in 50-20-304 have been provided by the department and that the materials describe the unborn child and list agencies that offer alternatives to abortion. See Montana Code 50-20-104
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
- Viability: means the ability of a fetus to live outside the mother's womb, albeit with artificial aid. See Montana Code 50-20-104
(2)The physician performing an abortion shall request pathology studies as required by the department by rule, and the facility shall keep the reports of the pathology studies on file.
(3)In connection with an abortion, the facility shall keep on file the original of each of the documents required by this chapter relating to informed consent, consent to abortion, certification of necessity of abortion to preserve the life or health of the mother, and certification of necessity of abortion to preserve the life of the mother.
(4)A health care provider who prescribes a medication intended to cause or induce an abortion shall keep on file, on a form prescribed by the department, a statement dated and certified by the health care provider reporting any adverse side effects experienced by the person to whom the medication was prescribed.
(5)(a) Within 30 days after the abortion, a facility shall file with the department a report on a form prescribed by the department and certified by the custodian of the records or physician in charge of the facility that provides all of the information required in subsections (1), (2), and (3).
(b)Within 30 days of prescribing a medication intended to cause or induce an abortion, a health care provider shall file a report with the department that provides the information required under subsection (4).
(c)Reports filed under this subsection (5) may not contain any information that would identify any individual involved with the abortion.
(d)A report must exclude copies of any documents required to be filed by subsection (3) but must certify that the documents were executed and are on file.
(6)All reports and documents required by this chapter must be treated with the confidentiality afforded to medical records, subject to disclosure as permitted by law. Statistical data not identifying any individual involved in an abortion must be made public by the department annually, and the report required by subsection (5) to be filed with the department must be available for public inspection except any information that identifies any individual involved in an abortion. Names and identities of persons submitting to abortion shall remain confidential among medical and medical support personnel directly involved in the abortion and among persons working in the facility where the abortion was performed whose duties include billing the patient or submitting claims to an insurance company, keeping facility records, or processing abortion data required by state law.
(7)(a) Violation of this section is a misdemeanor and is punishable as provided in 46-18-212.
(b)Violation of the provisions of subsections (4) or (5)(b) by a health care provider is unprofessional conduct as defined in 37-1-308 and is subject to the sanctions provided for in 37-1-312(1)(b) through (1)(j), up to a maximum suspension of the provider’s license for a period of 1 year.