Section 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.Amended by Laws 2023, Ch. 389,Sec. 2, eff. 5/3/2023.Amended by Laws 2023, Ch. 88,Sec. 16, eff. 4/18/2023.Amended by Laws 2021, Ch. 307,Sec. 7, eff. 10/1/2021.En. 94-5-618 by Sec. 6, Ch. 284, L. 1974; amd. Sec. 20, Ch. 359, L. 1977; R.C.M. 1947, 94-5-618; amd. Sec. 7, Ch. 485, L. 1981; amd. Sec. 2, Ch. 321, L. 1995; amd. Sec. 11, Ch. 354, L. 1995; amd. Sec. 2, Ch. 314, L. 1997; amd. Sec. 2, Ch. 479, L. 1999; amd. Sec. 27, Ch. 519, L. 2005.