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S1482aa....................................................by STATE AFFAIRS ABORTION - Amends existing law relating to informed consent for abortion to revise definitions; to revise procedures; to provide for discipline; and to provide for a civil penalty. 03/27 Senate intro - 1st rdg - to printing 03/28 Rpt prt - to St Aff 03/31 Rpt out - to 14th Ord 04/03 Rpt out amen - to engros Rpt engros - 1st rdg - to 2nd rdg as amen 04/04 2nd rdg - to 3rd rdg as amen Rls susp - PASSED - 30-5-0 AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett, Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis, Fulcher, Gannon, Geddes, Goedde, Hill, Jorgenson, Keough, Little, Lodge, Malepeai, Marley, McGee, McKenzie, Pearce, Richardson, Stegner, Sweet, Williams NAYS -- Kelly, Langhorst, Schroeder, Stennett, Werk Absent and excused -- None Floor Sponsor - Bunderson Title apvd - to House 04/05 House intro - 1st rdg - to Health/Wel 04/06 Rpt out - rec d/p - to 2nd rdg 04/07 2nd rdg - to 3rd rdg - Rules susp 04/10 PASSED - 50-14-6 AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer, Bell, Bilbao, Black, Block, Bolz, Brackett, Bradford, Chadderdon, Collins, Crow, Deal, Denney, Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Garrett, Hart, Harwood, Henderson, Kemp, Lake, Loertscher, Mathews, McGeachin, McKague, Moyle, Nielsen, Nonini, Raybould, Ring, Roberts, Rydalch, Sali, Schaefer, Shepherd(8), Shirley, Smylie, Snodgrass, Stevenson, Wills, Wood, Mr. Speaker NAYS -- Boe, Henbest, Jaquet, LeFavour, Martinez, Miller, Pasley-Stuart, Pence, Ringo, Rusche, Sayler, Shepherd(2), Skippen, Smith(30) Absent and excused -- Bedke, Cannon, Clark, Mitchell, Smith(24), Trail Floor Sponsor - McGeachin Title apvd - to Senate 04/10 To enrol - Rpt enrol - Pres signed - Sp signed 04/11 To Governor 04/12 Governor signed Session Law Chapter 438 Effective: 07/01/06
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature Second Regular Session - 2006IN THE SENATE SENATE BILL NO. 1482 BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO ABORTIONS; AMENDING SECTION 18-604, IDAHO CODE, TO REVISE DEFINI- 3 TIONS AND TO DEFINE ADDITIONAL TERMS; REPEALING SECTION 2, CHAPTER 393, 4 LAWS OF 2005, RELATING TO DEFINITIONS; AMENDING SECTION 18-609, IDAHO 5 CODE, TO REVISE PROCEDURES, TO PROVIDE FOR DISCIPLINE AND TO PROVIDE FOR A 6 CIVIL PENALTY; AND PROVIDING SEVERABILITY. 7 Be It Enacted by the Legislature of the State of Idaho: 8 SECTION 1. That Section 18-604, Idaho Code, be, and the same is hereby 9 amended to read as follows: 10 18-604. DEFINITIONS. As used in this act: 11 (1) "Abortion" means theintentional termination of human pregnancy for12purposes other than delivery of a viable birthuse of any means to intention- 13 ally terminate the clinically diagnosable pregnancy of a woman with knowledge 14 that the termination by those means will, with reasonable likelihood, cause 15 the death of the unborn child except that, for the purposes of this chapter, 16 abortions shall not mean the use of an intrauterine device or birth control 17 pill to inhibit or prevent ovulations, fertilization or the implantation of a 18 fertilized ovum within the uterus. 19 (2) "Department" means the Idaho department of health and welfare. 20 (3) "Emancipated" means any minor who has been married or is in active 21 military service. 22 (4) "Fetus" and "unborn child." Each term means an individual organism of 23 the species homo sapiens from fertilization until live birth. 24 (5) "First trimester of pregnancy" means the first thirteen (13) weeks of 25 a pregnancy. 26 (36) "Hospital" means an acute care, general hospital in this state, 27 licensed as provided in chapter 13, title 39, Idaho Code. 28 (47) "Informed consent" means a voluntary and knowing decision to undergo 29 a specific procedure or treatment. To be voluntary, the decision must be made 30 freely after sufficient time for contemplation and without coercion by any 31 person. To be knowing, the decision must be based on the physician's accurate 32 and substantially complete explanation of each fact pertinent to making the 33 decision. Facts pertinent to making the decision shall include, but not be 34 limited to: 35 (a) A description of any proposed treatment or procedure; 36 (b) Any reasonably foreseeable complications and risks to the patient 37 from such procedure, including those related tofuturereproductive 38 health;and39 (c) The manner in which such procedure and its foreseeable complications 40 and risks compare with those of each readily available alternative to such 41 procedure, including childbirth and adoption; and 42 (d) An objective, nonjudgmental and scientifically accurate description 43 of the probable anatomical and physiological characteristics of the unborn 2 1 child. 2 The physician must provide the information in terms which can be understood by 3 the person making the decision, with consideration of age, level of maturity 4 and intellectual capability. 5 (8) "Medical emergency" means a condition which, on the basis of the 6 physician's good faith clinical judgment, so complicates the medical condition 7 of a pregnant woman as to necessitate the immediate abortion of her pregnancy 8 to avert her death or for which a delay will create serious risk of substan- 9 tial and irreversible impairment of a major bodily function. 10 (9) "Minor" means a woman less than eighteen (18) years of age. 11 (10) "Pregnant" and "pregnancy." Each term shall mean the reproductive 12 condition of having a developing fetus in the body and commences with fertil- 13 ization. 14 (511) "Physician" means a person licensed to practice medicine and surgery 15 or osteopathic medicine and surgery in this state as provided in chapter 18, 16 title 54, Idaho Code. 17 (612) "Second trimester of pregnancy" means that portion of a pregnancy 18 following the thirteenth week and preceding the point in time when the fetus 19 becomes viable, and there is hereby created a legal presumption that the sec- 20 ond trimester does not end before the commencement of the twenty-fifth week of 21 pregnancy, upon which presumption any licensed physician may proceed in law- 22 fully aborting a patient pursuant to section 18-608, Idaho Code, in which case 23 the same shall be conclusive and unrebuttable in all civil or criminal pro- 24 ceedings. 25 (713) "Third trimester of pregnancy" means that portion of a pregnancy 26 from and after the point in time when the fetus becomes viable. 27 (814) Any reference to a viable fetus shall be construed to mean a fetus 28 potentially able to live outside the mother's womb, albeit with artificial 29 aid. 30 SECTION 2. That Section 2, Chapter 393, Laws of 2005, be, and the same 31 is hereby repealed. 32 SECTION 3. That Section 18-609, Idaho Code, be, and the same is hereby 33 amended to read as follows: 34 18-609. PHYSICIANS AND HOSPITALS NOT TO INCUR CIVIL LIABILITY -- CONSENT 35 TO ABORTION -- NOTICE. (1) Any physician may perform an abortion not prohib- 36 ited by this act and any hospital or other facility described in section 37 18-608, Idaho Code, may provide facilities for such procedures without, in the 38 absence of negligence, incurring civil liability therefor to any person 39 including, but not limited to, the pregnant patient and the prospective father 40 of the fetus to have been born in the absence of abortion, if informed consent 41 for such abortion has been duly given by the pregnant patient. 42 (2) In order to provide assistance in assuring that the consent to an 43 abortion is truly informed consent, the director of the department of health 44 and welfare shall publish, after consultation with interested parties,easily 45 comprehended, nonmisleading and medically accurate printed material to be made 46 available attheno expenseof theto physicians, hospitals or otherfacility47 facilities providingtheabortion and abortion-related services, and which 48 shall contain the following: 49 (a) Descriptions of the services available to assist a woman through a 50 pregnancy, at childbirth and while the child is dependent, including adop- 51 tion services, a comprehensive list of the names, addresses, and telephone 52 numbers of public and private agencies that provide such services and 3 1 financial aid available; 2 (b) Descriptions of the physical characteristics of a normal fetus, 3 described at two (2) week intervals, beginning with the fourth week and 4 ending with the twenty-fourth week of development, accompanied by scien- 5 tifically verified photographs of a fetus during such stages of develop- 6 ment. The description shall include information about physiological and 7 anatomical characteristics, brain and heart function, and the presence of 8 external members and internal organs during the applicable stages of 9 development; and 10 (c) Descriptions of the abortion procedures used in current medical prac- 11 tices at the various stages of growth of the fetus and any reasonable 12 foreseeable complications and risks to the mother, including those related 13 to subsequent child bearing. 14 (3) Except in the case of a medical emergency, nNo abortion shall be 15 performed unless, prior to the abortion, the attending physician or the 16 attending physician's agent (i) confirms or verifies a positive pregnancy test 17 and informs the pregnant patient of a positive pregnancy test, and (ii) certi- 18 fies in writing that the materials provided by the directorof the department19of health and welfarehave been provided to the pregnant patient, if reason-20ably possible,at least twenty-four (24) hours before the performance of the 21 abortion. If the materials are not available from the director of the depart- 22 ment of health and welfare, no certification shall be required. The attending 23 physician, or the attending physician's agent, shall provide any other infor- 24 mation required under this act. In addition to providing the material, the 25 attending physician may provide the pregnant patient with such other informa- 26 tion which in the attending physician's judgment is relevant to the pregnant 27 patient's decision as to whether to have the abortion or carry the pregnancy 28 to term. 29 (4)If the attending physician reasonably determines that due to circum-30stances peculiar to a specific pregnant patient, disclosure of the material is31likely to cause a severe and long lasting detrimental effect on the health of32such pregnant patient, disclosure of the materials shall not be required.33 Within thirty (30) days after performing any abortion without certification 34 and delivery of the materials, the attending physician, or the attending 35 physician's agent, shall cause to be delivered to the director of the depart- 36 ment of health and welfare, a report signed by the attending physician, pre- 37 serving the patient's anonymity,which explains the specific circumstances38 denoting the medical emergency that excused compliance with the duty to 39 deliver the materials. The director of the department of health and welfare 40 shall compile the information annually and report to the public the total num- 41 ber of abortions performed in the state where delivery of the materials was 42 excused; provided that any information so reported shall not identify any phy- 43 sician or patient in any manner which would reveal their identities. 44 (5) If section 18-608(3), Idaho Code, applies to the abortion to be per- 45 formed and the pregnant patient is an adult and for any reason unable to give 46 a valid consent thereto, the requirement for that pregnant patient's consent 47 shall be met as required by law for other medical or surgical procedures and 48 shall be determined in consideration of the desires, interests and welfare of 49 the pregnant patient. 50 (6) The knowing failure of the attending physician to perform any one (1) 51 or more of the acts required under subsection (4) of this section or section 52 39-261, Idaho Code, is grounds for discipline pursuant to section 54-1814(6), 53 Idaho Code, and shall subject the physician to assessment of a civil penalty 54 of one hundred dollars ($100) for each month or portion thereof that each such 55 failure continues, payable to the vital statistics unit of the department of 4 1 health and welfare, but such failure shall not constitute a criminal act. 2 SECTION 4. SEVERABILITY. If any one or more provision, section, subsec- 3 tion, sentence, clause, phrase or word of this act or the application thereof 4 to any person or circumstance, or application to any other section of Idaho 5 Code is found to be unconstitutional, the same is hereby declared to be sever- 6 able and the balance of this act shall remain effective notwithstanding such 7 unconstitutionality. The Legislature hereby declares that it would have passed 8 this act, and each provision, section, subsection, sentence, clause, phrase or 9 word thereof, irrespective of the fact that any one or more provision, sec- 10 tion, subsection, sentence, clause, phrase or word be declared unconstitu- 11 tional.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature Second Regular Session - 2006Moved by Bunderson Seconded by Richardson IN THE SENATE SENATE AMENDMENTS TO S.B. NO. 1482 1 AMENDMENTS TO SECTION 1 2 On page 1 of the printed bill, in line 16, delete "abortions" and insert: 3 "abortion"; delete lines 32 through 34 and insert: "and substantially com- 4 plete explanation of:each fact pertinent to making the decision. Facts per-5tinent to making the decision shall include, but not be limited to:"; in line 6 38, delete "and" and insert: "and"; in line 41, delete "; and" and insert: 7 "."; delete lines 42 and 43; and on page 2, delete line 1. 8 AMENDMENTS TO SECTION 3 9 On page 3, delete lines 7 through 9 and insert: "anatomical characteris- 10 tics, brain and heart function, and the presence of external members and11internal organs during the applicable stages of development; and"; and delete 12 lines 16 and 17 and insert: "attending physician's agent(i) confirms or veri-13fies a positive pregnancy test and informs the pregnant patient of a positive14pregnancy test, and (ii)certi-".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature Second Regular Session - 2006IN THE SENATE SENATE BILL NO. 1482, As Amended BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO ABORTIONS; AMENDING SECTION 18-604, IDAHO CODE, TO REVISE DEFINI- 3 TIONS AND TO DEFINE ADDITIONAL TERMS; REPEALING SECTION 2, CHAPTER 393, 4 LAWS OF 2005, RELATING TO DEFINITIONS; AMENDING SECTION 18-609, IDAHO 5 CODE, TO REVISE PROCEDURES, TO PROVIDE FOR DISCIPLINE AND TO PROVIDE FOR A 6 CIVIL PENALTY; AND PROVIDING SEVERABILITY. 7 Be It Enacted by the Legislature of the State of Idaho: 8 SECTION 1. That Section 18-604, Idaho Code, be, and the same is hereby 9 amended to read as follows: 10 18-604. DEFINITIONS. As used in this act: 11 (1) "Abortion" means theintentional termination of human pregnancy for12purposes other than delivery of a viable birthuse of any means to intention- 13 ally terminate the clinically diagnosable pregnancy of a woman with knowledge 14 that the termination by those means will, with reasonable likelihood, cause 15 the death of the unborn child except that, for the purposes of this chapter, 16 abortion shall not mean the use of an intrauterine device or birth control 17 pill to inhibit or prevent ovulations, fertilization or the implantation of a 18 fertilized ovum within the uterus. 19 (2) "Department" means the Idaho department of health and welfare. 20 (3) "Emancipated" means any minor who has been married or is in active 21 military service. 22 (4) "Fetus" and "unborn child." Each term means an individual organism of 23 the species homo sapiens from fertilization until live birth. 24 (5) "First trimester of pregnancy" means the first thirteen (13) weeks of 25 a pregnancy. 26 (36) "Hospital" means an acute care, general hospital in this state, 27 licensed as provided in chapter 13, title 39, Idaho Code. 28 (47) "Informed consent" means a voluntary and knowing decision to undergo 29 a specific procedure or treatment. To be voluntary, the decision must be made 30 freely after sufficient time for contemplation and without coercion by any 31 person. To be knowing, the decision must be based on the physician's accurate 32 and substantially complete explanation of:each fact pertinent to making the33decision. Facts pertinent to making the decision shall include, but not be34limited to:35 (a) A description of any proposed treatment or procedure; 36 (b) Any reasonably foreseeable complications and risks to the patient 37 from such procedure, including those related tofuturereproductive 38 health; and 39 (c) The manner in which such procedure and its foreseeable complications 40 and risks compare with those of each readily available alternative to such 41 procedure, including childbirth and adoption. 42 The physician must provide the information in terms which can be understood by 43 the person making the decision, with consideration of age, level of maturity 2 1 and intellectual capability. 2 (8) "Medical emergency" means a condition which, on the basis of the 3 physician's good faith clinical judgment, so complicates the medical condition 4 of a pregnant woman as to necessitate the immediate abortion of her pregnancy 5 to avert her death or for which a delay will create serious risk of substan- 6 tial and irreversible impairment of a major bodily function. 7 (9) "Minor" means a woman less than eighteen (18) years of age. 8 (10) "Pregnant" and "pregnancy." Each term shall mean the reproductive 9 condition of having a developing fetus in the body and commences with fertil- 10 ization. 11 (511) "Physician" means a person licensed to practice medicine and surgery 12 or osteopathic medicine and surgery in this state as provided in chapter 18, 13 title 54, Idaho Code. 14 (612) "Second trimester of pregnancy" means that portion of a pregnancy 15 following the thirteenth week and preceding the point in time when the fetus 16 becomes viable, and there is hereby created a legal presumption that the sec- 17 ond trimester does not end before the commencement of the twenty-fifth week of 18 pregnancy, upon which presumption any licensed physician may proceed in law- 19 fully aborting a patient pursuant to section 18-608, Idaho Code, in which case 20 the same shall be conclusive and unrebuttable in all civil or criminal pro- 21 ceedings. 22 (713) "Third trimester of pregnancy" means that portion of a pregnancy 23 from and after the point in time when the fetus becomes viable. 24 (814) Any reference to a viable fetus shall be construed to mean a fetus 25 potentially able to live outside the mother's womb, albeit with artificial 26 aid. 27 SECTION 2. That Section 2, Chapter 393, Laws of 2005, be, and the same 28 is hereby repealed. 29 SECTION 3. That Section 18-609, Idaho Code, be, and the same is hereby 30 amended to read as follows: 31 18-609. PHYSICIANS AND HOSPITALS NOT TO INCUR CIVIL LIABILITY -- CONSENT 32 TO ABORTION -- NOTICE. (1) Any physician may perform an abortion not prohib- 33 ited by this act and any hospital or other facility described in section 34 18-608, Idaho Code, may provide facilities for such procedures without, in the 35 absence of negligence, incurring civil liability therefor to any person 36 including, but not limited to, the pregnant patient and the prospective father 37 of the fetus to have been born in the absence of abortion, if informed consent 38 for such abortion has been duly given by the pregnant patient. 39 (2) In order to provide assistance in assuring that the consent to an 40 abortion is truly informed consent, the director of the department of health 41 and welfare shall publish, after consultation with interested parties,easily 42 comprehended, nonmisleading and medically accurate printed material to be made 43 available attheno expenseof theto physicians, hospitals or otherfacility44 facilities providingtheabortion and abortion-related services, and which 45 shall contain the following: 46 (a) Descriptions of the services available to assist a woman through a 47 pregnancy, at childbirth and while the child is dependent, including adop- 48 tion services, a comprehensive list of the names, addresses, and telephone 49 numbers of public and private agencies that provide such services and 50 financial aid available; 51 (b) Descriptions of the physical characteristics of a normal fetus, 52 described at two (2) week intervals, beginning with the fourth week and 3 1 ending with the twenty-fourth week of development, accompanied by scien- 2 tifically verified photographs of a fetus during such stages of develop- 3 ment. The description shall include information about physiological and 4 anatomical characteristics, brain and heart function, and the presence of5external members and internal organs during the applicable stages of6development; and 7 (c) Descriptions of the abortion procedures used in current medical prac- 8 tices at the various stages of growth of the fetus and any reasonable 9 foreseeable complications and risks to the mother, including those related 10 to subsequent child bearing. 11 (3) Except in the case of a medical emergency, nNo abortion shall be 12 performed unless, prior to the abortion, the attending physician or the 13 attending physician's agent(i) confirms or verifies a positive pregnancy test14and informs the pregnant patient of a positive pregnancy test, and (ii)certi- 15 fies in writing that the materials provided by the directorof the department16of health and welfarehave been provided to the pregnant patient, if reason-17ably possible,at least twenty-four (24) hours before the performance of the 18 abortion. If the materials are not available from the director of the depart- 19 ment of health and welfare, no certification shall be required. The attending 20 physician, or the attending physician's agent, shall provide any other infor- 21 mation required under this act. In addition to providing the material, the 22 attending physician may provide the pregnant patient with such other informa- 23 tion which in the attending physician's judgment is relevant to the pregnant 24 patient's decision as to whether to have the abortion or carry the pregnancy 25 to term. 26 (4)If the attending physician reasonably determines that due to circum-27stances peculiar to a specific pregnant patient, disclosure of the material is28likely to cause a severe and long lasting detrimental effect on the health of29such pregnant patient, disclosure of the materials shall not be required.30 Within thirty (30) days after performing any abortion without certification 31 and delivery of the materials, the attending physician, or the attending 32 physician's agent, shall cause to be delivered to the director of the depart- 33 ment of health and welfare, a report signed by the attending physician, pre- 34 serving the patient's anonymity,which explains the specific circumstances35 denoting the medical emergency that excused compliance with the duty to 36 deliver the materials. The director of the department of health and welfare 37 shall compile the information annually and report to the public the total num- 38 ber of abortions performed in the state where delivery of the materials was 39 excused; provided that any information so reported shall not identify any phy- 40 sician or patient in any manner which would reveal their identities. 41 (5) If section 18-608(3), Idaho Code, applies to the abortion to be per- 42 formed and the pregnant patient is an adult and for any reason unable to give 43 a valid consent thereto, the requirement for that pregnant patient's consent 44 shall be met as required by law for other medical or surgical procedures and 45 shall be determined in consideration of the desires, interests and welfare of 46 the pregnant patient. 47 (6) The knowing failure of the attending physician to perform any one (1) 48 or more of the acts required under subsection (4) of this section or section 49 39-261, Idaho Code, is grounds for discipline pursuant to section 54-1814(6), 50 Idaho Code, and shall subject the physician to assessment of a civil penalty 51 of one hundred dollars ($100) for each month or portion thereof that each such 52 failure continues, payable to the vital statistics unit of the department of 53 health and welfare, but such failure shall not constitute a criminal act. 54 SECTION 4. SEVERABILITY. If any one or more provision, section, subsec- 4 1 tion, sentence, clause, phrase or word of this act or the application thereof 2 to any person or circumstance, or application to any other section of Idaho 3 Code is found to be unconstitutional, the same is hereby declared to be sever- 4 able and the balance of this act shall remain effective notwithstanding such 5 unconstitutionality. The Legislature hereby declares that it would have passed 6 this act, and each provision, section, subsection, sentence, clause, phrase or 7 word thereof, irrespective of the fact that any one or more provision, sec- 8 tion, subsection, sentence, clause, phrase or word be declared unconstitu- 9 tional.
STATEMENT OF PURPOSE RS 16226C4 Adding definitions; to create parallel scienter requirements; to add parameters to the materials produced by the Department of Health and Welfare; to create an exception in cases of a medical emergency; to add enforcement provisions. FISCAL NOTE The materials that the department is required to produce may require some editing of current materials. The materials will now, by statute, be provided at the expense of the state. Contact Name: Senator Hal Bunderson, Senator Mel Richardson, Senator Skip Brandt Phone: 332-1000 Representative Janice McGeachin, Representative Bill Sali STATEMENT OF PURPOSE/FISCAL NOTE S 1482