State Abortion Laws in Montana

1. How accessible is abortion in Montana?


Abortion is legal in Montana, but access can be limited due to limited clinics and other restrictions. According to the Guttmacher Institute, Montana has only one abortion clinic in the entire state, located in Montana’s largest city, Billings. In addition, Montana requires a 24-hour waiting period before a woman can receive an abortion. There are also many restrictions on insurance coverage of abortion services.

2. What is the legal gestational limit for abortion in Montana?


Montana does not have a gestational limit on abortion. Its laws protect the right to have an abortion without undue interference from state government.

3. Does Montana require parental involvement for minors seeking an abortion?


Yes, Montana does require parental involvement for minors seeking an abortion. Minors under the age of 16 must have written consent from a parent or legal guardian for the abortion procedure to take place.

4. Does Montana mandate waiting periods before an abortion?


No, Montana does not mandate waiting periods before an abortion.

5. Does Montana require the disclosure of any information prior to an abortion?


Yes, Montana requires the disclosure of certain information prior to an abortion. The physician must inform the patient of the nature and risks of the procedure, the probable gestational age of the fetus, the alternatives to abortion, and a description of fetal development. The physician must also provide information regarding public assistance available to help with prenatal care, childbirth, and neonatal care. Additionally, the patient must be informed that the father is liable for child support and that information about alternatives to abortion can be obtained from public or private agencies.

6. Does Montana provide public funding for abortion services?


No, Montana does not provide public funding for abortion services.

7. Are there any exceptions to the gestational limit in Montana?


Yes, Montana allows for abortion after the gestational limit if it is necessary to protect the woman’s life or health, or if the pregnancy is the result of rape or incest.

8. Can a physician or medical facility refuse to provide abortion services in Montana?


Yes, a physician or medical facility may refuse to provide abortion services in Montana, as long as they follow the Montana Right of Conscience Act. This law states that any healthcare provider, including physicians and facilities, may refuse to provide abortion services if it conflicts with their religious, moral, or ethical beliefs.

9. Are there any laws related to medication or surgical abortions in Montana?


Yes, there are laws related to medication and surgical abortions in Montana. Medication abortions are regulated by the Montana Department of Public Health and Human Services, and surgical abortions are regulated by the Montana Board of Medical Examiners. In order to obtain a medication abortion, a patient must be over 18 years old and must have a consultation with their physician. Additionally, certain types of medication abortion pills have to be prescribed in accordance with the FDA’s Risk Evaluation and Mitigation Strategies guidelines. Surgical abortions must be performed by a licensed physician in a hospital, clinic, or doctor’s office approved by the Board of Medical Examiners.

10. Is informed consent required by providers before performing an abortion in Montana?


Yes. Providers in Montana are required to obtain informed consent prior to performing an abortion.

11. Does Montana allow for the provision of telemedicine abortion services?


Yes, Montana allows for the provision of telemedicine abortion services. Telemedicine abortion services can be provided in Montanan when a licensed physician or advanced practice registered nurse provides the service through an established patient-provider relationship.

12. Are specific medical facilities required to provide abortions in Montana?


No, specific medical facilities are not required to provide abortions in Montana.

13. Does Montana have any regulations regarding the provision of post-abortion care?


Yes. According to the Montana Department of Public Health and Human Services, the state of Montana requires that all facilities providing abortion services must also provide post-abortion care. The care should include counseling on the potential complications of abortion, information on follow-up visits, and any other necessary medical treatment.

14. Does Montana have any restrictions on abortion protestors near clinics or medical facilities providing abortions?


Yes, Montana has restrictions on abortion protestors near clinics or medical facilities providing abortions. According to Montana Code Annotated 45-5-622, it is illegal for any person, group or organization to interfere with, disrupt, obstruct, or impede access to a medical facility providing reproductive services or health care services associated with reproduction. This includes intimidating or interfering with any person receiving services or attempting to receive services.

15. Can health insurance plans cover abortion services in Montana?


No, in Montana, health insurance plans are not required to cover abortion services.

16. Are there any requirements for the disposal of fetal tissue after an abortion in Montana?


Yes, fetal tissue resulting from an induced abortion must be disposed of in accordance with the “Human Fetal Tissue Disposal Act” and the “Montana Fetal Tissue Disposal Rule”. These rules require the tissue to be either interred or incinerated with a certificate of disposal to be completed and maintained by the person who performs the disposal.

17. How are fetal remains handled after an abortion in Montana?


In Montana, fetal remains are to be buried or cremated, in accordance with informed consent and the abortion provider’s policy. The remains may not be disposed of in a sanitary sewer, a solid waste landfill, or a waterway. An abortion facility must provide written information about the legal requirements for burial or cremation of the fetal remains. The facility must also provide information about the cost of burial or cremation services. If the patient chooses to have the fetal remains buried or cremated, the facility is responsible for arranging and paying for it.

18. Does Montana recognize gestational and fetal age based on ultrasound measurements?


Yes, Montana state law recognizes gestational and fetal age based on ultrasound measurements.

19. Are there any laws related to informed consent for minors seeking an abortion in Montana?


Yes, there are. In Montana, minors seeking an abortion are required to obtain the informed consent of both parents prior to the procedure. If a minor is unable to obtain the informed consent of both parents, they can seek a judicial bypass in order to proceed with the abortion.

20. Is there a judicial bypass process to allow minors to obtain an abortion without parental consent in Montana?


Yes, there is a judicial bypass procedure in Montana that allows minors to obtain an abortion without parental consent. Minors under the age of 16 must seek a court order from a judge to allow them to obtain an abortion without parental consent, while minors aged 16 and 17 may consent to the procedure without a court order.