Montana Unborn Child Pain and Suffering Prevention Act (HB 479)
This law was last updated on Jan 2, 2019
HB 479 would prohibit a person from performing fetal surgery (including abortion) on an “unborn child” that is 20 or more weeks gestational age without (a) administering anesthesia for pain relief and (b) first determining the gestational age of the fetus.
The bill defines “unborn child” to mean “an individual organism of the species Homo sapiens from fusion of a human spermatozoon with a human ovum until live birth.”
The first violation of this provision would result in the physician being reported to the appropriate professional licensing board. A second violation would result in forfeiture of the person’s professional license.
This bill includes junk science that a fetus can feel pain at 20 weeks post-fertilization.
Physician Reporting Requirements
The bill also amends reporting requirements in Montana Code section 50-20-110 to include a requirement that a physician report whether or not anesthesia was used.
Passed the House (53-46) and Senate (29-21) but was vetoed by Democratic Gov. Bullock on April 30, 2015.