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HEALTH AND WELFARE - Amends existing law to revise duties of the Department
of Health and Welfare regarding the availability of certain materials about
abortion on their website; and to provide duties of certain physicians
regarding notice of these materials to the pregnant patient.

02/25    House intro - 1st rdg - to printing
02/26    Rpt prt - to Health/Wel
03/11    Rpt out - rec d/p - to 2nd rdg
03/12    2nd rdg - to 3rd rdg
03/13    3rd rdg - PASSED - 55-10-5
      AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bell, Black, Block,
      Bock, Boe, Bolz, Bowers, Brackett, Bradford, Chadderdon, Chew, Clark,
      Collins, Crane, Durst, Eskridge, Hart, Harwood, Henbest, Henderson,
      Jaquet, Kren, Loertscher, Luker, Marriott, Mathews, McGeachin,
      Mortimer, Moyle, Nielsen, Nonini, Patrick, Raybould, Roberts, Ruchti,
      Rusche, Schaefer, Shepherd(02), Shepherd(08), Shirley, Shively,
      Smith(24), Snodgrass, Stevenson, Thayn, Thomas, Wills, Wood(27),
      Wood(35), Mr. Speaker
      NAYS -- Chavez, Killen, King, LeFavour, Pasley-Stuart, Pence, Ringo,
      Sayler, Smith(30), Trail
      Absent and excused -- Bilbao, Hagedorn, Labrador, Lake, Vander Woude
    Floor Sponsor - Luker
    Title apvd - to Senate
03/13    Senate intro - 1st rdg - to St Aff
03/24    Rpt out - rec d/p - to 2nd rdg
03/25    2nd rdg - to 3rd rdg
03/26    3rd rdg - PASSED - 29-6-0
      AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Cameron,
      Coiner, Corder, Darrington, Davis, Fulcher, Gannon(Gannon), Geddes,
      Goedde, Hammond, Heinrich, Hill, Jorgenson, Keough, Little, Lodge,
      McGee, McKague, McKenzie, Pearce, Richardson, Siddoway, Stegner,
      NAYS -- Burkett, Kelly, Langhorst, Malepeai(Sagness), Schroeder, Werk
      Absent and excused -- None
    Floor Sponsors - McKenzie & Jorgenson
    Title apvd - to House
03/26    To enrol - Rpt enrol - Sp signed
03/27    Pres signed
03/28    To Governor
04/01    Governor signed
         Session Law Chapter 348
         Effective: 01/01/09 with mandate
         prior to that date regarding website

Bill Text

  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   Second Regular Session - 2008


                              IN THE HOUSE OF REPRESENTATIVES

                                     HOUSE BILL NO. 559

                                 BY STATE AFFAIRS COMMITTEE

  1                                        AN ACT

  7    Be It Enacted by the Legislature of the State of Idaho:

  8        SECTION 1.  That Section 18-609, Idaho Code, be, and the  same  is  hereby
  9    amended to read as follows:

 11    TO ABORTION -- NOTICE. (1) Any physician may perform an abortion  not  prohib-
 12    ited  by  this  act  and  any  hospital or other facility described in section
 13    18-608, Idaho Code, may provide facilities for such procedures without, in the
 14    absence of negligence,  incurring  civil  liability  therefor  to  any  person
 15    including, but not limited to, the pregnant patient and the prospective father
 16    of the fetus to have been born in the absence of abortion, if informed consent
 17    for such abortion has been duly given by the pregnant patient.
 18        (2)  In  order  to  provide  assistance in assuring that the consent to an
 19    abortion is truly informed consent, the director of the department  of  health
 20    and  welfare  shall  publish  easily comprehended, nonmisleading and medically
 21    accurate printed material to be made available at no  expense  to  physicians,
 22    hospitals  or  other  facilities  providing abortion and abortion-related ser-
 23    vices, and which shall contain the following:
 24        (a)  Descriptions of the services available to assist a  woman  through  a
 25        pregnancy, at childbirth and while the child is dependent, including adop-
 26        tion services, a comprehensive list of the names, addresses, and telephone
 27        numbers  of  public  and  private  agencies that provide such services and
 28        financial aid available;
 29        (b)  Descriptions of the  physical  characteristics  of  a  normal  fetus,
 30        described  at  two  (2) week intervals, beginning with the fourth week and
 31        ending with the twenty-fourth week of development, accompanied  by  scien-
 32        tifically  verified  photographs of a fetus during such stages of develop-
 33        ment. The description shall include information  about  physiological  and
 34        anatomical characteristics; and
 35        (c)  Descriptions of the abortion procedures used in current medical prac-
 36        tices  at  the  various  stages  of growth of the fetus and any reasonable
 37        foreseeable complications and risks to the mother, including those related
 38        to subsequent child bearing.
 39        (3)  (a) The department of health and welfare shall develop and maintain a
 40        stable internet website, that may be part of an existing website, to  pro-
 41        vide  the  information  described  in  subsection  (2) of this section. No
 42        information regarding persons using the  website  shall  be  collected  or
 43        maintained. The department of health and welfare shall monitor the website


  1        on a weekly basis to prevent and correct tampering.
  2        (b)  As  used  in  this section, "stable internet website" means a website
  3        that, to the extent reasonably practicable, is safeguarded from having its
  4        content altered other than by the department of health and welfare.
  5        (c)  When a pregnant patient contacts a physician by  telephone  or  visit
  6        and inquires about obtaining an abortion, the physician or the physician's
  7        agent before or while scheduling an abortion-related appointment must pro-
  8        vide the woman with the address of the state-sponsored internet website on
  9        which  the  printed  materials described in subsection (2) of this section
 10        may be viewed as required in subsection (2) of this section.
 11        (4)  Except in the case of a medical emergency, no abortion shall be  per-
 12    formed unless, prior to the abortion, the attending physician or the attending
 13    physician's agent certifies in writing that  the  materials  provided  by  the
 14    director  have been provided to the pregnant patient at least twenty-four (24)
 15    hours before the performance of the abortion. If the materials are not  avail-
 16    able  from the director of the department of health and welfare, no certifica-
 17    tion shall be required. The attending physician, or the attending  physician's
 18    agent, shall provide any other information required under this act.
 19        (5)  All  physicians  or  their agents who use ultrasound equipment in the
 20    performance of an abortion shall inform the patient that she has the right  to
 21    view the ultrasound image of her unborn child before an abortion is performed.
 22    If the patient requests to view the ultrasound image, she shall  be allowed to
 23    view  it  before  an  abortion is performed. The physician or agent shall also
 24    offer to provide the patient with a physical picture of the  ultrasound  image
 25    of  her  unborn child prior to the performance of the abortion, and shall pro-
 26    vide it if requested by the patient. In addition to  providing  the  material,
 27    the  attending  physician  may  provide  the  pregnant patient with such other
 28    information which in the attending physician's judgment  is  relevant  to  the
 29    pregnant  patient's  decision  as to whether to have the abortion or carry the
 30    pregnancy to term.
 31        (46)  Within thirty (30) days after performing any abortion without certi-
 32    fication and delivery of  the  materials,  the  attending  physician,  or  the
 33    attending  physician's  agent,  shall cause to be delivered to the director of
 34    the department of health and welfare, a report signed by the attending  physi-
 35    cian,  preserving the patient's anonymity, denoting the medical emergency that
 36    excused compliance with the duty to deliver the materials. The director of the
 37    department of health and welfare shall compile the  information  annually  and
 38    report  to  the  public  the  total number of abortions performed in the state
 39    where delivery of the materials was excused; provided that any information  so
 40    reported shall not identify any physician or patient in any manner which would
 41    reveal their identities.
 42        (57)  If section 18-608(3), Idaho Code, applies to the abortion to be per-
 43    formed  and the pregnant patient is an adult and for any reason unable to give
 44    a valid consent thereto, the requirement for that pregnant  patient's  consent
 45    shall  be  met as required by law for other medical or surgical procedures and
 46    shall be determined in consideration of the desires, interests and welfare  of
 47    the pregnant patient.
 48        (68)  The  knowing  failure  of the attending physician to perform any one
 49    (1) or more of the acts required under subsection (46) of this section or sec-
 50    tion 39-261, Idaho  Code,  is  grounds  for  discipline  pursuant  to  section
 51    54-1814(6),  Idaho  Code,  and  shall subject the physician to assessment of a
 52    civil penalty of one hundred dollars ($100) for each month or portion  thereof
 53    that  each such failure continues, payable to the vital statistics unit of the
 54    department of health and welfare, but such  failure  shall  not  constitute  a
 55    criminal act.


  1        SECTION  2.  This act shall be in full force and effect on and after Janu-
  2    ary 1, 2009, and the Department of Health and Welfare shall have authority  to
  3    and  shall  place a notice  on its website no later than November 30, 2008, of
  4    the address of the website required by this act and shall  provide  notice  to
  5    the  State Board of Medicine of the Department of Health and Welfare's website
  6    address required by this act.

Statement of Purpose / Fiscal Impact

     REPRINT        REPRINT        REPRINT        REPRINT

                       STATEMENT OF PURPOSE

                            RS 17849C3

Existing law under section 18-609, Idaho Code, requires the
Department of Health and Welfare to publish printed material for
the purpose of providing information to pregnant patients
considering an abortion.  This bill requires the Department of
Health and Welfare to place that material on a secure website. 
The bill also requires physicians or their agents when setting an
abortion-related appointment to advise the patient of the website

                           FISCAL NOTE

There is a fiscal impact of approximately $27,000 for both
copyrighted photos and secure website development.

Name: Rep. Lynn Luker
      Rep. Ken Roberts
      Rep. Janice McGeachin
      Russ Mathews
     Senator Curt McKenzie
     Senator Mike Jorgenson
Phone: 332-1000

STATEMENT OF PURPOSE/FISCAL NOTE                       H 559     

     REVISED        REVISED        REVISED        REVISED