Signed by Governor Greg Gianforte

Vote Smart's Synopsis:

Vote to pass a bill that establishes the Montana abortion-induced drug risk protocol.

Highlights:

• Defines “qualified medical practitioner” as a medical practitioner who can do the following, including, but not limited to (Sec. 3):

• Identify and document the viable intrauterine pregnancy;

• Assess the gestational age of pregnancy and inform on the gestational age-specific risks;

• Diagnose ectopic pregnancy;

• Determine blood type; and

• Assess for signs of domestic abuse, reproductive control, human trafficking, and other signals of coerced abortion;

• Requires a qualified medical practitioner that is providing an abortion-inducing drug to examine the pregnant individual in person, before providing the abortion-inducing drug, that does the following (Sec. 5):

• Independently verify that a pregnancy exists;

• Determine the pregnant individual’s blood type;

• Inform the pregnant individual that they may see the remains of the abortion in the process of completing the procedure; and

• Document in the pregnant individual’s medical chart the gestational age and intrauterine location of the pregnancy.

• Requires a qualified medical practitioner providing an abortion-inducing drug be credentialed and competent to handle complications management (Sec. 5).

• Prohibits an abortion-inducing drug from being provided in an elementary, secondary, or postsecondary school facility or on school grounds (Sec. 6).

• Prohibits an abortion-inducing drug from being provided without the informed consent of the pregnant individual on whom the abortion-inducing drug is being provided, and specifies that consent for a chemical abortion must be obtained at least 24 hours before the procedure (Sec. 7).

• Requires a qualified medical practitioner to schedule an in-person follow-up visit for the pregnant individual approximately 7 to 14 days after providing the abortion-inducing drug to confirm that the pregnancy is completely terminated and to assess additional complications (Sec. 7).

• Requires the department of health and human services to prepare printed materials on informed consent for abortion and include information on the potential availability of qualified medical practitioners to reverse the effects of an abortion obtained through the use of abortion-inducing drugs (Sec. 8).

• Specifies that an individual who knowingly or negligently violates any of the aforementioned sections shall be guilty of a felony and upon conviction fined an amount not to exceed $50,000 and or imprisoned in state prison for a term not to exceed 20 years (Sec. 11).

• Specifies that the aforementioned criminal penalties shall not be assessed to a pregnant individual who received abortion-inducing drugs (Sec. 11).

Full Bill Text