50-20-109 . Control of practice of abortion. (1) Except as provided in 50-20-401 , an abortion may not be performed within the state of Montana: (a) except by a licensed physician or physician assistant; and (b) on an unborn child: (i) who is capable of feeling pain, except as provided in 50-20-603 ; or (ii) who is viable, unless necessary to preserve the life of the mother. (2) Violation of subsection (1) is a felony.
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