Terms Used In Montana Code > Title 50 > Chapter 20 > Part 7 - Montana Abortion-Inducing Drug Risk Protocol Act

• Abortion: means the act of using or prescribing an instrument, medicine, drug, or any other substance, device, or means with the intent to terminate the clinically diagnosable pregnancy of a woman, with knowledge that termination by those means will with reasonable likelihood cause the death of the unborn child. See Montana Code 50-20-703
• Adverse event: means an untoward medical occurrence associated with the use of a drug in humans, whether or not considered drug-related. See Montana Code 50-20-703
• Arrest: Taking physical custody of a person by lawful authority.
• Associated medical practitioner: means a person authorized under 50-20-109 to perform an abortion who has entered into an associated medical practitioner agreement. See Montana Code 50-20-703
• attempted: means an act or an omission of a statutorily required act that, under the circumstances as the actor believes them to be, constitutes a substantial step in a course of conduct planned to culminate in the performance of an abortion in violation of this chapter. See Montana Code 50-20-104
• chemical abortion: means a medicine, drug, or any other substance provided with the intent of terminating the clinically diagnosable pregnancy of a woman with knowledge that the termination will with reasonable likelihood cause the death of the unborn child. See Montana Code 50-20-703
• Complication: means an adverse physical or psychological condition arising from the performance of an abortion, including but not limited to uterine perforation, cervical perforation, infection, heavy or uncontrolled bleeding, hemorrhage, blood clots resulting in pulmonary embolism or deep vein thrombosis, failure to actually terminate the pregnancy, incomplete abortion, pelvic inflammatory disease, endometritis, missed ectopic pregnancy, cardiac arrest, respiratory arrest, renal failure, metabolic disorder, shock, embolism, coma, placenta previa in subsequent pregnancies, preterm delivery in subsequent pregnancies, free fluid in the abdomen, hemolytic reaction due to the administration of ABO-incompatible blood or blood products, adverse reactions to anesthesia and other drugs, subsequent development of breast cancer, death, psychological complications such as depression, suicidal ideation, anxiety, and sleeping disorders, and any other adverse event. See Montana Code 50-20-703
• Contract: A legal written agreement that becomes binding when signed.
• Conviction: A judgement of guilt against a criminal defendant.
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• 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
• Female: means a member of the human species who, under normal development, has XX chromosomes and produces or would produce relatively large, relatively immobile gametes, or eggs, during her life cycle and has a reproductive and endocrine system oriented around the production of those gametes. See Montana Code 1-1-201
• gestational age: means the time that has elapsed since the first day of the woman's last menstrual period. See Montana Code 50-20-703
• 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

• Joint resolution: A legislative measure which requires the approval of both chambers.
• Knowingly: means only a knowledge that the facts exist which bring the act or omission within the provisions of this code. See Montana Code 1-1-204
• Medical practitioner: means a person authorized under 50-20-109 to perform an abortion in this state. See Montana Code 50-20-703
• Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
• Plaintiff: The person who files the complaint in a civil lawsuit.
• pregnancy: means the female reproductive condition of having an unborn child in the uterus. See Montana Code 50-20-703
• Process: means a writ or summons issued in the course of judicial proceedings. See Montana Code 1-1-202
• Qualified medical practitioner: means a medical practitioner who has the ability to:

  (a)identify and document a viable intrauterine pregnancy;

  (b)assess the gestational age of pregnancy and inform the woman of gestational age-specific risks;

  (c)diagnose ectopic pregnancy;

  (d)determine blood type and administer RhoGAM if a woman is Rh negative;

  (e)assess for signs of domestic abuse, reproductive control, human trafficking, and other signals of coerced abortion;

  (f)provide surgical intervention or who has entered into a contract with another qualified medical practitioner to provide surgical intervention; and

  (g)supervise and bear legal responsibility for any agent, employee, or contractor who is participating in any part of a procedure, including but not limited to preprocedure evaluation and care. See Montana Code 50-20-703

• 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
• Subpoena: A command to a witness to appear and give testimony.
• Unborn child: means an individual organism of the species homo sapiens, beginning at fertilization, until the point of being born alive as defined in 1 U. See Montana Code 50-20-703
• United States: includes the District of Columbia and the territories. See Montana Code 1-1-201