Montana Code 50-20-506. Proof of identification and relationship to minor — retention of records
50-20-506. Proof of identification and relationship to minor — retention of records. (1) A parent or legal guardian of a minor who is consenting to the performance of an abortion on the minor shall provide the attending physician or physician assistant or the agent of the physician or physician assistant with government-issued proof of identity and written documentation that establishes that the parent or legal guardian is the lawful parent or legal guardian of the minor.
Terms Used In Montana Code 50-20-506
- 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
- 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. See Montana Code 50-20-503
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- 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
(2)A physician or physician assistant shall retain the completed consent form and the documents provided pursuant to subsection (1) in the minor’s medical file for 5 years after the minor reaches 18 years of age, but in no event less than 7 years.
(3)A physician or physician assistant receiving documentation under this section shall execute for inclusion in the minor’s medical record an affidavit stating: “I, (insert name of physician or physician assistant), certify that according to my best information and belief, a reasonable person under similar circumstances would rely on the information presented by both the minor and the minor’s parent or legal guardian as sufficient evidence of identity and relationship.”