50-20-507. Exceptions. Consent is not required under 50-20-504 if:

Terms Used In Montana Code 50-20-507

  • 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
  • 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. See Montana Code 50-20-503
  • 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
  • Writing: includes printing. See Montana Code 1-1-203

(1)the attending physician or physician assistant certifies in the minor‘s medical record that a medical emergency exists and there is insufficient time to provide consent;

(2)consent is waived, in a notarized writing, by the person entitled to give consent; or

(3)consent is waived under 50-20-509.