Weems v. State by and through Fox

Justice Beth Baker delivered the Opinion of the Court.

***353¶1 Twenty years ago, this Court held that a statute preventing a woman from obtaining a lawful medical procedure-a pre-viability abortion-from a health care provider of her choosing unconstitutionally infringed her right to individual privacy under Montana's Constitution.

*7Armstrong v. State , 1999 MT 261, ¶¶ 2, 75, 296 Mont. 361, 989 P.2d 364. We used the term "health care provider"

to refer to any physician, physician assistant-certified, nurse, nurse-practitioner or other professional who has been determined by the appropriate…