Montana § 50-20-602 - Definitions

§ 50-20-602. Definitions

Definitions. As used in this part, the following definitions apply: (1) "Fertilization" means the fusion of a human spermatozoon with a human ovum. (2) "Gestational age" means the age of an unborn child, calculated from the first day of the woman's last menstrual period. (3) "Knowing" or "knowingly" has the meaning provided in 45-2-101 . (4) (a) "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. (b) The term does not include a condition that is based on a claim or diagnosis that the woman will engage in conduct that the woman intends to result in the woman's death or in substantial and irreversible physical impairment of a major bodily function. (5) "Medical practitioner" means a person authorized under 50-20-109 to perform an abortion. (6) "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. (7) "Purposeful" or "purposely" has the meaning provided in 45-2-101 . (8) "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. (9) "Serious health risk to the unborn child's mother" means that, in reasonable medical judgment, the mother has a condition that so complicates the mother's medical condition that it necessitates the abortion of the mother's pregnancy to avert the mother's death or to avert serious risk of substantial and irreversible physical impairment of a major bodily function, not including psychological or emotional conditions. No greater risk may be determined to exist if it is based on a claim or diagnosis that the mother will engage in conduct that the mother intends to result in the mother's death or in substantial and irreversible impairment of a major bodily function. (10) "Unborn child" or "fetus" means an individual organism of the species homo sapiens from fertilization until live birth.