Montana Code 50-20-1004. Reporting — forms
50-20-1004. (Effective on occurrence of contingency) Reporting — forms. (1) If a physician or physician assistant performs a dismemberment abortion procedure because of a medical emergency, the physician or the physician assistant shall, within 15 days, file with the department on a form supplied by the department a report containing the following information:
Terms Used In Montana Code 50-20-1004
- 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. See Montana Code 50-20-1002
- Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 50-20-1002
- dismemberment abortion procedure: means a procedure that involves:
(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
(b)dilation of the cervix, insertion of grasping instruments, and removal of disarticulated fetal parts from a living unborn human being. See Montana Code 50-20-1002
- Human being: means an individual member of the species Homo sapiens, from and after the point of conception. See Montana Code 50-20-1002
- 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. See Montana Code 50-20-1002
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- Physician: means a person licensed to practice medicine in Montana. See Montana Code 50-20-1002
- Physician assistant: means a person licensed under Title 37, chapter 20. See Montana Code 50-20-1002
- 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. See Montana Code 50-20-1002
(a)the date the procedure was performed;
(b)the probable gestational age of the unborn human being and the method used to calculate gestational age;
(c)a statement declaring that the procedure was necessary because of a medical emergency;
(d)the specific medical indications supporting the determination that a medical emergency existed; and
(e)the physician’s or the physician assistant’s attestation under oath that the information stated on the form is true and correct to the best of the person‘s knowledge.
(2)Reports required by and submitted pursuant to this section may not contain the name of the pregnant woman on whom the dismemberment abortion procedure was performed or any other information or identifiers that would make it possible to identify, in any manner or under any circumstances, the woman who underwent the procedure.