Terms Used In Montana Code > Title 7 > Chapter 2 > Part 27 - Abandonment and Consolidation of Counties

• 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
• 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
• 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
• Abortion clinic: means a facility that:

  (i)performs surgical abortion procedures; or

  (ii)provides an abortion-inducing drug. See Montana Code 50-20-901

• Abortion-inducing drug: means a medicine, drug, or other substance provided with the intent of terminating the clinically diagnosable pregnancy of a woman. See Montana Code 50-20-901
• Administer: means the direct application of a dangerous drug, whether by injection, inhalation, ingestion, or other means, to the body of a patient or research subject by:

  (a)a practitioner or by the practitioner's authorized agent; or

  (b)the patient or research subject at the direction and in the presence of the practitioner. See Montana Code 50-32-101

• Administer: means to apply an opioid antagonist to the body of another person by injection, inhalation, ingestion, auto-injector, or another means. See Montana Code 50-32-603
• 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
• Affiliate: means an organization that directly or indirectly:

  (a)owns or controls another organization;

  (b)is owned or controlled, in whole or in part, by another organization;

  (c)is related by shareholdings or other means of control to another organization;

  (d)is a parent or subsidiary of another organization; or

  (e)is under common control with another organization. See Montana Code 50-20-901

• Agent: means an authorized person who acts on behalf of or at the direction of a manufacturer, distributor, or dispenser. See Montana Code 50-32-101
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Apprentice: means a person who is working in a training capacity to service or install fire alarm systems, special agent fire suppression systems, or fire extinguishing systems and who is studying in accordance with a program approved by the department of labor and industry. See Montana Code 50-39-108
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Arrest: Taking physical custody of a person by lawful authority.
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• 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
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• 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
• Board: means the board of pharmacy provided for in 2-15-1733. See Montana Code 50-32-101
• Bureau: means the drug enforcement administration, United States department of justice, or its successor agency. See Montana Code 50-32-101
• 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
• Coerce: means to restrain or dominate the choice of a minor by force, threat of force, or deprivation of food and shelter. See Montana Code 50-20-503
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• 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
• 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
• Contract: A legal written agreement that becomes binding when signed.
• Conviction: A judgement of guilt against a criminal defendant.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Customary: means according to usage. See Montana Code 1-1-206
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Dangerous drug: means a drug, substance, or immediate precursor in Schedules I through V set forth in Title 50, chapter 32, part 2. See Montana Code 50-32-101
• Decedent: A deceased person.
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• delivery: means the actual, constructive, or attempted transfer from one person to another of a dangerous drug, whether or not there is an agency relationship. See Montana Code 50-32-101
• Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 50-40-103
• Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 50-19-101
• Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 50-19-201
• Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 50-20-104
• Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 50-20-1002
• Department: means the department of labor and industry provided for in Title 2, chapter 15, part 17. See Montana Code 50-32-101
• Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 50-32-603
• Dependent: A person dependent for support upon another.
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• 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

• Dispense: means to deliver a dangerous drug to an ultimate user or research subject by or pursuant to the lawful order of a practitioner, including the prescribing, administering, packaging, labeling, or compounding necessary to prepare the drug for that delivery. See Montana Code 50-32-101
• Dispenser: means a practitioner who dispenses. See Montana Code 50-32-101
• dispensing: has the meaning provided in 37-7-101. See Montana Code 50-32-603
• Distribute: means to deliver other than by administering or dispensing a dangerous drug. See Montana Code 50-32-101
• Distribute: has the meaning provided in 37-7-101. See Montana Code 50-32-603
• Distributor: means a person who distributes. See Montana Code 50-32-101
• Eligible recipient: means :

  (a)a person who is at risk of experiencing an opioid-related drug overdose;

  (b)a family member, friend, or other person who is in a position to assist a person who is at risk of experiencing an opioid-related drug overdose;

  (c)a first responder or a first responder entity;

  (d)a harm reduction organization or its representative;

  (e)the Montana state crime laboratory or its representative;

  (f)a person who, on behalf of or at the direction of a law enforcement agency or officer, may process, store, handle, test, transport, or possess a suspected or confirmed opioid;

  (g)a probation, parole, or detention officer;

  (h)a county or other local public health department or its representative; or

  (i)a veterans' organization or its representative. See Montana Code 50-32-603

• 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
• Enclosed public place: means an indoor area, room, or vehicle that the general public is allowed to enter or that serves as a place of work, including but not limited to the following:

  (a)restaurants;

  (b)stores;

  (c)public and private office buildings and offices, including all office buildings and offices of political subdivisions, as provided for in 50-40-201, and state government;

  (d)trains, buses, and other forms of public transportation;

  (e)health care facilities;

  (f)auditoriums, arenas, and assembly facilities;

  (g)meeting rooms open to the public;

  (h)bars;

  (i)community college facilities;

  (j)facilities of the Montana university system; and

  (k)public schools, as provided for in 20-1-220 and 50-40-104. See Montana Code 50-40-103

• Endorsement: means a document, issued by the department of labor and industry to an individual who has met qualifications, that authorizes the individual to sell, service, and install fire alarm systems, special agent fire suppression systems, or fire extinguishing systems. See Montana Code 50-39-108
• Entity: means any business, partnership, sole proprietorship, organization, association, corporation, firm, governmental organization, fire agency, or any other business association. See Montana Code 50-39-108
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Establishment: means an enterprise under one roof that serves the public and for which a single person, agency, corporation, or legal entity is responsible. See Montana Code 50-40-103
• 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.
• 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
• Fertilization: means the fusion of a human spermatozoon with a human ovum. See Montana Code 50-20-602
• Fire alarm system: means a combination of approved compatible devices with the necessary electrical interconnection and energy to produce an alarm signaling the event of fire or system activation. See Montana Code 50-39-108
• Fire extinguisher: means a portable device containing an extinguishing agent that can be expelled under pressure for the purpose of suppressing or extinguishing a fire. See Montana Code 50-39-108
• Fire extinguishing system: means a fire sprinkler system designed in accordance with nationally recognized standards that consists of an assembly of piping or conduits that conveys water, foam, or air with or without other agents to dispersal openings or devices to extinguish, control, or contain fire and to provide protection from exposure to fire or the products of combustion. See Montana Code 50-39-108
• First responder: means a paid or volunteer firefighter, law enforcement officer, or other authorized person who responds to an emergency in a professional or volunteer capacity. See Montana Code 50-32-603
• Fraud: Intentional deception resulting in injury to another.
• Gestational age: means the age of an unborn child, calculated from the first day of the woman's last menstrual period. See Montana Code 50-20-602
• 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
• Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
• 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.
• Harm reduction organization: means an organization that provides direct assistance and services, including but not limited to counseling, screening, and drug treatment, to persons at risk of experiencing an opioid-related drug overdose. See Montana Code 50-32-603
• Health care provider: means a licensed physician, a physician assistant, a registered nurse, an advanced practice registered nurse, a naturopathic physician, or a direct-entry midwife practicing within the scope of the provider's professional license. See Montana Code 50-19-101
• Human being: means an individual member of the species Homo sapiens, from and after the point of conception. See Montana Code 50-20-1002
• Immediate precursor: means a substance that the board finds to be and by rule designates as being the principal compound commonly used or produced primarily for use and that is an immediate chemical intermediary used or likely to be used in the manufacture of a dangerous drug, the control of which is necessary to prevent, curtail, or limit manufacture. See Montana Code 50-32-101
• Incidental to the service of alcoholic beverages or gambling operations: means that at least 60% of the business's annual gross income comes from the sale of alcoholic beverages or gambling receipts, or both. See Montana Code 50-40-103
• 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

• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Inspection: means the periodic examination of premises, equipment, or procedures or of a licensed or endorsed person or entity to determine whether the person's or entity's business or profession is being conducted in a manner consistent with the public health, safety, and welfare. See Montana Code 50-39-108
• Install: means the technical work that may be performed only by an endorsed individual or an apprentice in the assembly of a fire alarm system, special agent fire suppression system, or fire extinguishing system. See Montana Code 50-39-108
• Joint meeting: An occasion, often ceremonial, when the House and Senate each adopt a unanimous consent agreement
• Joint resolution: A legislative measure which requires the approval of both chambers.
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• 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
• knowingly: has the meaning provided in 45-2-101. See Montana Code 50-20-602
• Knowingly: has the meaning provided in 45-2-101. See Montana Code 50-20-1002
• Law enforcement officer: means a person who is a peace officer as defined in 46-1-202 or any other agent of a criminal justice agency as defined in 44-5-103. See Montana Code 50-32-603
• Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• License: means the document issued by the department of labor and industry that authorizes a person or entity to engage in the business of servicing fire extinguishers or to engage in the business of selling, servicing, or installing fire alarm systems, special agent fire suppression systems, or fire extinguishing systems. See Montana Code 50-39-108
• Lien: A claim against real or personal property in satisfaction of a debt.
• Major bodily function: includes but is not limited to functions of the immune system, normal cell growth, and digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions. See Montana Code 50-20-1002
• Manufacture: means the production, preparation, propagation, compounding, conversion, or processing of a dangerous drug either directly or indirectly by extraction from substances of natural origin, independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis and includes the packaging or repackaging of the drug or labeling or relabeling of its container. See Montana Code 50-32-101
• Medical emergency: means a condition that, on the basis of the physician's good faith clinical judgment, 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 for which a delay will create serious risk of substantial and irreversible impairment of a major bodily function. See Montana Code 50-20-303
• 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
• Medical emergency: means a condition that, in reasonable medical judgment, so complicates the medical condition of a pregnant woman that it necessitates the immediate abortion of the woman's pregnancy without first determining gestational age in order to avert the woman's death or for which the delay necessary to determine gestational age will create serious risk of substantial and irreversible physical impairment of a major bodily function, not including psychological or emotional conditions. See Montana Code 50-20-602
• 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
• Medical practitioner: means a person authorized under 50-20-109 to perform an abortion. See Montana Code 50-20-602
• Medical practitioner: means a person authorized under 50-20-109 to perform an abortion in this state. See Montana Code 50-20-703
• Medical practitioner: has the meaning provided in 37-2-101. See Montana Code 50-32-603
• Minor: means a pregnant female under 18 years of age who is not an emancipated minor. See Montana Code 50-20-503
• Narcotic drug: means any of the following, whether produced directly or indirectly by extraction from substances of vegetable origin, independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis:

  (a)opium and opiate and a salt, compound, derivative, or preparation of opium or opiate;

  (b)a salt, compound, isomer, derivative, or preparation of a salt, compound, isomer, or derivative that is chemically equivalent or identical with any of the drugs referred to in subsection (19)(a), but not including the isoquinoline alkaloids of opium;

  (c)opium poppy and poppy straw; or

  (d)coca leaves and a salt, compound, derivative, or preparation of coca leaves and a salt, compound, isomer, derivative, or preparation of a salt, compound, isomer, or derivative that is chemically equivalent or identical with any of these drugs, but not including decocainized coca leaves or extractions of coca leaves that do not contain cocaine or ecgonine. See Montana Code 50-32-101

• Newborn: means an infant under 28 days of life. See Montana Code 50-19-201
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Opiate: means a drug having an addiction-forming or addiction-sustaining liability similar to morphine or being capable of conversion into a drug having addiction-forming or addiction-sustaining liability. See Montana Code 50-32-101
• Opioid antagonist: means a drug that binds to opioid receptors and blocks or inhibits the effects of opioids acting on those receptors. See Montana Code 50-32-603
• Opioid-related drug overdose: means an acute condition evidenced by symptoms, including but not limited to physical illness, pinpoint pupils, coma, decreased level of consciousness, or respiratory depression, resulting from the consumption or use of an opioid or another substance with which an opioid is combined. See Montana Code 50-32-603
• Opium poppy: means the plant of the species Papaver somniferum L. See Montana Code 50-32-101
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Peace officer: has the meaning as defined in 46-1-202. See Montana Code 1-1-207
• Person: means an individual, partnership, corporation, association, political subdivision, or other entity. See Montana Code 50-40-103
• Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
• Person: means an individual, firm, partnership, association, corporation, or other entity, whether organized for profit or not. See Montana Code 50-19-201
• Person: means an individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, or any other legal entity. See Montana Code 50-32-101
• Personal property: All property that is not real property.
• Personal property: means money, goods, chattels, things in action, and evidences of debt. See Montana Code 1-1-205
• Physical abuse: means any physical injury intentionally inflicted by a parent or legal guardian on a minor. See Montana Code 50-20-503
• Physician: means a person licensed to practice medicine under Title 37, chapter 3. See Montana Code 50-20-303
• Physician: means a person licensed to practice medicine under Title 37, chapter 3. See Montana Code 50-20-503
• Physician: means a person licensed to practice medicine in Montana. See Montana Code 50-20-1002
• 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
• Physician assistant: means a person licensed under Title 37, chapter 20. See Montana Code 50-20-1002
• Place of work: means an enclosed room where one or more individuals work. See Montana Code 50-40-103
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Poppy straw: means all parts, except the seeds, of the opium poppy after mowing. See Montana Code 50-32-101
• Practitioner: means :

  (a)a physician, dentist, veterinarian, scientific investigator, or other person licensed, registered, or otherwise permitted to distribute, dispense, or conduct research with respect to or to administer a dangerous drug in the course of professional practice or research in this state;

  (b)a pharmacy or other institution licensed, registered, or otherwise permitted to distribute, dispense, or conduct research with respect to or to administer a dangerous drug in the course of professional practice or research in this state; and

  (c)a physician licensed to practice medicine or a dentist licensed to practice dentistry in another state. See Montana Code 50-32-101

• Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
• pregnancy: means that female reproductive condition of having an unborn child in the woman's body. See Montana Code 50-20-303
• pregnancy: means the female reproductive condition of having an unborn child in the uterus. See Montana Code 50-20-703
• 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
• Prescription: means an order given individually for the person for whom prescribed, directly from the prescriber to the furnisher or indirectly to the furnisher, by means of an order signed by the prescriber and bearing the name and address of the prescriber, the prescriber's license classification, the name of the patient, the name and quantity of the drug or drugs prescribed, the directions for use, and the date of its issue. See Montana Code 50-32-101
• Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
• Printing: means the act of reproducing a design on a surface by any process. See Montana Code 1-1-203
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Probable gestational age of the unborn child: means what, in reasonable medical judgment, will with reasonable probability be the gestational age of the unborn child at the time the abortion is planned to be performed or attempted. See Montana Code 50-20-602
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Process: means a writ or summons issued in the course of judicial proceedings. See Montana Code 1-1-202
• Production: includes the manufacture, planting, cultivation, growing, or harvesting of a substance or drug regulated under the provisions of this chapter. See Montana Code 50-32-101
• Property: means real and personal property. See Montana Code 1-1-205
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Public defender: Represent defendants who can't afford an attorney in criminal matters.
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• purposely: has the meaning provided in 45-2-101. See Montana Code 50-20-602
• Purposely: has the meaning provided in 45-2-101. See Montana Code 50-20-1002
• 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

• Reasonable medical judgment: means a medical judgment that would be made by a reasonably prudent medical practitioner who is knowledgeable about the case and the treatment possibilities with respect to the medical conditions involved. See Montana Code 50-20-602
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Several: means two or more. See Montana Code 1-1-201
• Sex: means the organization of the body parts and gametes for reproduction in human beings and other organisms. See Montana Code 1-1-201
• Sexual abuse: has the meaning provided in 41-3-102. See Montana Code 50-20-503
• Special agent fire suppression system: means an approved system and components that require individual engineering in accordance with manufacturer specifications and includes dry chemical, carbon dioxide, halogenated, gaseous agent, foam, and wet chemical systems. See Montana Code 50-39-108
• Standard serological test: means a test for syphilis, rubella immunity, and blood group, including ABO (Landsteiner blood type designation--O, A, B, AB) and RH (Dd) type, and a screening for hepatitis B surface antigen, approved by the department. See Montana Code 50-19-101
• Standing order: means a written document prepared by a medical practitioner that authorizes an eligible recipient to acquire, distribute, or administer medication without a person-specific prescription. See Montana Code 50-32-603
• State: when applied to a part of the United States, includes a state, district, commonwealth, territory, insular possession of the United States, and any area subject to the legal authority of the United States of America. See Montana Code 50-32-101
• 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
• Statute: A law passed by a legislature.
• Subpoena: A command to a witness to appear and give testimony.
• to smoke: includes the act of lighting, smoking, or carrying a lighted cigar, cigarette, pipe, or any smokable product and includes the use of marijuana. See Montana Code 50-40-103
• Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
• Ultimate user: means a person who lawfully possesses a dangerous drug for personal use or for the use of a member of the person's household or for administering to an animal owned by the person or by a member of the person's household. See Montana Code 50-32-101
• Unborn child: means the offspring of human beings from conception until birth. See Montana Code 50-20-303
• 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
• Usage: means a reasonable and lawful public custom concerning transactions of the same nature as those which are to be affected thereby, existing at the place where the obligation is to be performed, and either known to the parties or so well established, general, and uniform that the parties must be presumed to have acted with reference thereto. See Montana Code 1-1-206
• Usual: means according to usage. See Montana Code 1-1-206
• Viability: means the ability of a fetus to live outside the mother's womb, albeit with artificial aid. See Montana Code 50-20-104
• Writing: includes printing. See Montana Code 1-1-203