Administrative Rules of Montana
Department 37 - PUBLIC HEALTH AND HUMAN SERVICES
Chapter 37.21 - DOCUMENTATION AND STUDY OF ABORTION
Subchapter 37.21.1 - Documentation and Studies of Abortion
Rule 37.21.111 - PATHOLOGY STUDIES

(1) The products of conception and any other tissue removed as a consequence of the abortion shall be examined by the physician performing the abortion or by a pathologist.

(2) The pathology examination shall include, but not be limited to, a gross examination, and may include other studies at the discretion of the attending physician or the pathologist, including studies for the presence of micro-organisms or genetic defects.

(3) If the products of conception are referred to a pathologist, or if the abortion is performed within a hospital, the physician performing the abortion shall insure that all of the products of conception and any other tissue be delivered to the pathologist.

(4) If the gross examination fails to provide evidence of pregnancy, a microscopic examination shall be performed to obtain such evidence.

(5) The physician performing the abortion or the pathologist, whichever conducts the definitive examination, shall file with the facility, and the facility shall keep on file, a report containing such information as would be customarily included in such a report, and including but not limited to the following:

(6) If, as a result of the abortion, a premature infant was born alive and viable, but subsequently died, the dead infant shall be delivered to a pathologist for post-mortem examination, and the report thereof shall indicate the above information and also the apparent cause of death. This requirement is subject to the provisions of 50-21-103, MCA, if applicable.