Montana § 50-4-1302 - Definitions

§ 50-4-1302. Definitions

Definitions. As used in this part, the following definitions apply: (1) (a) "Abortion" means the act of using or prescribing an instrument, medicine, or drug or a substance, device, or means with the intent to terminate the clinically diagnosable pregnancy of a woman and for the purpose of ensuring the death of her unborn child. (b) The term does not include an act taken with the intent to: (i) save the life or preserve the health of the unborn child; (ii) remove a dead unborn child caused by miscarriage; (iii) remove an ectopic pregnancy; or (iv) perform a previability separation procedure when the procedure is, in reasonable medical judgment, necessary to save or preserve the life of the pregnant woman. (2) (a) "Abortion-inducing drug" means a medicine, drug, or any other substance prescribed or dispensed with the intent to terminate the clinically diagnosable pregnancy of a woman and for the purpose of ensuring the death of her unborn child. (b) The term includes the off-label use of drugs known to have abortion-inducing properties that are prescribed specifically with the intent to cause an abortion. (c) The term does not include drugs that are known to cause an abortion but that are prescribed for other medical indications. (3) "Contraception" means the use of any natural or artificial means to prevent the fertilization of a human ovum. (4) "Ectopic pregnancy" means the state of carrying an unborn child outside of the uterine cavity. (5) "Medical pregnancy center" means a pregnancy center that provides medical testing, counseling, and pregnancy-related care. (6) "Miscarriage" means the spontaneous loss of an unborn child. (7) "Pregnancy center" means a private, nonprofit organization that promotes childbirth and alternatives to abortion and provides women, children, and families with resources, counseling, classes, referrals, and information related to pregnancy, childbearing, adoption, and parenting. (8) (a) "Previability separation procedure" means a medical procedure performed by a qualified health care provider to remove an unborn child from the mother's uterine cavity before the stage of fetal development when, in the reasonable medical judgment of the qualified health care provider based on the particular facts of the case and in light of the most advanced medical technology and information available, there is a reasonable likelihood of sustained survival of the unborn child outside the mother's body, with or without artificial support. (b) The term does not include an abortion.