50-20-901. Definitions. As used in this part, the following definitions apply:

Terms Used In Montana Code 50-20-901

  • 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
  • Abortion-inducing drug: means a medicine, drug, or other substance provided with the intent of terminating the clinically diagnosable pregnancy of a woman. See Montana Code 50-20-901
  • 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
  • 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

(1)(a) “Abortion clinic” means a facility that:

(i)performs surgical abortion procedures; or

(ii)provides an abortion-inducing drug.

(b)The term does not include:

(i)a hospital as defined in 50-5-101;

(ii)a critical access hospital as defined in 50-5-101;

(iii)an outpatient center for surgical services as defined in 50-5-101; or

(iv)a facility that provides, prescribes, administers, or dispenses an abortion-inducing drug to fewer than five patients each year.

(2)(a) “Abortion-inducing drug” means a medicine, drug, or other substance provided with the intent of terminating the clinically diagnosable pregnancy of a woman.

(b)The term includes the off-label use of drugs known to have abortion-inducing properties that are prescribed specifically with the intent of causing an abortion.

(c)The term does not include the use of drugs that may be known to cause an abortion if the drugs are prescribed for a medical indication other than abortion.

(3)”Affiliate” means an organization that directly or indirectly:

(a)owns or controls another organization;

(b)is owned or controlled, in whole or in part, by another organization;

(c)is related by shareholdings or other means of control to another organization;

(d)is a parent or subsidiary of another organization; or

(e)is under common control with another organization.

(4)”Medical practitioner” means a person authorized under 50-20-109 to perform an abortion in this state.