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69th Legislature 2025 HB 555.1
- 1 - Authorized Print Version – HB 555
1 HOUSE BILL NO. 555
2 INTRODUCED BY K. SEEKINS-CROWE, L. SCHUBERT, S. KLAKKEN, K. LOVE, E. BYRNE, R. GREGG, C.
3 HINKLE, N. NICOL, S. FITZPATRICK, B. LER, G. OBLANDER, L. DEMING, F. NAVE, B. MITCHELL, J.
4 HINKLE
5
6 A BILL FOR AN ACT ENTITLED: “AN ACT GENERALLY REVISING LAWS RELATED TO CHEMICAL
7 ABORTION; PROVIDING NECESSARY CONDITIONS TO ADMINISTER A CHEMICAL ABORTION
8 AFFECTING OR AS PART OF INTERSTATE COMMERCE; ESTABLISHING MANUFACTURER
9 RESPONSIBILITY FOR THE PROPER DISPOSAL OF ABORTION DRUGS AND REMEDIATION OF
10 TAINTED WASTEWATER SYSTEMS; AND PROVIDING DEFINITIONS.”
11
12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
13
14 NEW SECTION. Section 1. As used in [sections 1 and 2], unless the context clearly
15 indicates otherwise, the following definitions apply:
16 (1) "Abortion drug" means any medicine, drug, or any other substance, or any combination of
17 drugs, medicines, or substances, when it is used to intentionally:
18 (a) kill the unborn child of a woman known to be pregnant; or
19 (b) terminate the pregnancy of a woman known to be pregnant, with an intention other than:
20 (i) to produce a live birth; or
21 (ii) to remove a dead unborn child.
22 (2) "Attempts to provide" means conduct that, under the circumstances as the actor believes them
23 to be, constitutes a substantial step in a course of conduct planned to culminate in a chemical abortion.
24 (3) "Catch kit" means a collection container designed to catch and hold medical waste or infectious
25 waste that is often used for collecting samples for testing.
26 (4) "Chemical abortion" refers to the use of an abortion drug to intentionally:
27 (a) kill the unborn child of a woman known to be pregnant; or
28 (b) terminate the pregnancy of a woman known to be pregnant, with an intention other than: ****
69th Legislature 2025 HB 555.1
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1 (i) to produce a live birth; or
2 (ii) to remove a dead unborn child.
3 (5) "Health care provider" means a person licensed to prescribe prescription drugs under
4 applicable federal and state laws.
5 (6) "Medical waste bag" means a red biohazardous waste container made to contain medical or
6 biohazardous waste and includes the terms "infectious waste bag", "health care waste bag", or "biohazard
7 waste bag". Warning labels must be affixed to the container stating "BIOHAZARD" and depicting the biohazard
8 symbol recognized by the American national standards institute. The container must either:
9 (a) be fluorescent orange or orange-red, with lettering and symbols in a contrasting color; or
10 (b) include the required warning labels in fluorescent orange or orange-red, with lettering and
11 symbols in a contrasting color.
12 (7) "Provide" means to dispense or prescribe an abortion drug or to otherwise make an abortion
13 drug available to a patient.
14 (8) "Unborn child" means an individual organism of the species homo sapiens beginning at
15 conception until the point of being born alive.
16
17 NEW SECTION. Section 2.
18 (1) A health care provider may not knowingly provide or attempt to provide a chemical
19 abortion if the provision or attempt is in or affects interstate commerce without:
20 (a) physically examining the patient;
21 (b) being physically present at the location of the chemical abortion;
22 (c) scheduling a follow-up visit to assess the patient's physical condition that must occur not more
23 than 7 days after the administration or use of the drug; and
24 (d) providing a catch kit and medical waste bag, including instructions for the patient to bring the
25 catch kit and medical waste bag to the health care provider for proper disposal.
26 (2) Except as provided in subsection (3), a health care provider who violates any provision of
27 subsection (1)(a) through (1)(d) is guilty of a felony and shall be fined not more than $10,000 and imprisoned up
28 to 3 years, or both, for each violation. ****
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1 (3) This section does not apply to a chemical abortion that is necessary to preserve the life of a
2 mother whose life is endangered by a physical disorder, physical illness, or physical injury, including a life-
3 endangering physical condition.
4 (4) A patient on whom an abortion is performed may not be prosecuted for a violation of this
5 section or conspiracy to violate this section.
6 (5) Nothing in this section may be construed to have an impact on the treatment of a verified
7 ectopic pregnancy.
8
9 NEW SECTION. Section 3.
10 (1) The manufacturer of an abortion drug is responsible for the proper disposal of discarded abortion
11 drugs and mitigation of the environmental effects of endocrine-disrupting chemical byproducts from chemical
12 abortion drugs entering public waste systems due to the disposal of tainted human remains entering the
13 wastewater system as a result of at-home abortions.
14 (2) If endocrine-disrupting chemical byproducts from chemical abortion drugs are found in
15 wastewater, the manufacturer is responsible for cleanup, remediation, and further preventative measures.
16 (3) A person who violates subsection (1) may be fined up to $20,000 for each violation.
17 (4) For the purposes of this section, "abortion drug" means any medicine, drug, or any other
18 substance, or any combination of drugs, medicines, or substances, when it is used to intentionally:
19 (a) kill the unborn child of a woman known to be pregnant; or
20 (b) terminate the pregnancy of a woman known to be pregnant, with an intention other than:
21 (i) to produce a live birth; or
22 (ii) to remove a dead unborn child.
23
24 NEW SECTION. Section 4. (1) [Sections 1 and 2] are intended to be
25 codified as an integral part of Title 50, chapter 20, and the provisions of Title 50, chapter 20, apply to [sections
26 1 and 2].
27 (2) [Section 3] is intended to be codified as an integral part of Title 75, chapter 6, part 1, and the
28 provisions of Title 75, chapter 6, part 1, apply to [section 3]. ****
69th Legislature 2025 HB 555.1
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1
2 NEW SECTION. Section 5. If a part of [this act] is invalid, all valid parts that are
3 severable from the invalid part remain in effect. If a part of [this act] is invalid in one or more of its applications,
4 the part remains in effect in all valid applications that are severable from the invalid applications.
5 - END -