Montana Code Annotated 2023

TITLE 50. HEALTH AND SAFETY

CHAPTER 20. ABORTION

Part 8. Infant Safety and Care Act

Criminal Penalties -- Professional Sanctions -- Civil Liability

50-20-805. Criminal penalties -- professional sanctions -- civil liability. (1) A health care provider who purposely or knowingly violates 50-20-804 commits a felony offense and, on conviction, shall be subject to a fine not to exceed $1,000, imprisonment in the state prison for a term not to exceed 5 years, or both.

(2) A licensed health care provider who purposely or knowingly violates the prohibition in 50-20-804 commits an act of unprofessional conduct, and the individual's license to practice medicine in this state must be suspended for a minimum of 1 year pursuant to Title 37.

(3) In addition to all other remedies available under the laws of this state, failure to comply with the requirements of this part provides a basis for:

(a) a civil malpractice action for actual and punitive damages; and

(b) a civil fine of not less than $5,000 for each violation imposed by the department of justice.

History: En. Sec. 5, Ch. 392, L. 2023.