50-20-503. Definitions. As used in this part, unless the context requires otherwise, the following definitions apply:

Terms Used In Montana Code 50-20-503

  • 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
  • Emancipated minor: means a person under 18 years of age who is or has been married or who has been granted an order of limited emancipation by a court as provided in 41-1-503. See Montana Code 50-20-503
  • 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
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Minor: means a pregnant female under 18 years of age who is not an emancipated minor. See Montana Code 50-20-503
  • 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 under Title 37, chapter 3. See Montana Code 50-20-503
  • Physician assistant: means a person licensed pursuant to Title 37, chapter 20, who provides medical services under the supervision of a physician. See Montana Code 50-20-503

(1)”Coerce” means to restrain or dominate the choice of a minor by force, threat of force, or deprivation of food and shelter.

(2)”Consent” means a notarized written statement obtained on a form and executed in the manner prescribed by 50-20-505 that is signed by a parent or legal guardian of a minor and that declares that the minor intends to seek an abortion and that the parent or legal guardian of the minor consents to the abortion.

(3)”Emancipated minor” means a person under 18 years of age who is or has been married or who has been granted an order of limited emancipation by a court as provided in 41-1-503.

(4)”Medical emergency” means a condition that, on the basis of the good faith clinical judgment of a physician or physician assistant, so complicates the medical condition of a pregnant woman as to necessitate the immediate abortion of the woman’s pregnancy to avert the woman’s death or a condition for which a delay in treatment will create serious risk of substantial and irreversible impairment of a major bodily function.

(5)”Minor” means a pregnant female under 18 years of age who is not an emancipated minor.

(6)”Physical abuse” means any physical injury intentionally inflicted by a parent or legal guardian on a minor.

(7)”Physician” means a person licensed to practice medicine under Title 37, chapter 3.

(8)”Physician assistant” means a person licensed pursuant to Title 37, chapter 20, who provides medical services under the supervision of a physician.

(9)”Sexual abuse” has the meaning provided in 41-3-102.