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H0610aa,aaS................................................by STATE AFFAIRS
ABORTION - Amends and adds to existing law to provide that it constitutes
unprofessional conduct for a physician to knowingly fail to inform a
pregnant patient of a positive pregnancy test or to fail to provide the
pregnant patient with specified information; to require consent to an
abortion by the minor and, if the minor is unemancipated, the minor's
parent or guardian; to provide for a minor's consent pursuant to court
order; to provide the procedures and criteria for a court-ordered consent;
to provide for appeal from the order; to provide for confidentiality of
records contained in court files of judicial proceedings regarding judicial
authorization of a minor's consent to an abortion or the performance of
abortion procedures; to require that positive identification is required
prior to performing an abortion; to provide severability; and to specify
contents of forms.
02/04 House intro - 1st rdg - to printing
02/05 Rpt prt - to St Aff
02/12 Rpt out - to Gen Ord
02/13 Rpt out amen - to engros
02/16 Rpt engros - 1st rdg - to 2nd rdg as amen
02/17 2nd rdg - to 3rd rdg as amen
02/19 3rd rdg as amen - PASSED - 52-17-1
AYES -- Alltus, Barraclough, Barrett, Bell, Bivens, Black(15),
Black(23), Bruneel, Callister, Campbell, Clark, Crane, Crow, Cuddy,
Denney, Ellsworth, Field(13), Field(20), Gagner, Geddes, Gould,
Hadley, Hornbeck, Jones(20), Kellogg, Kempton, Kendell, Kjellander,
Kunz, Lake, Linford, Loertscher, Mader, McKague, Mortensen, Newcomb,
Pischner, Pomeroy, Reynolds, Richman, Sali, Schaefer, Stevenson
Stoicheff, Stubbs, Taylor, Tilman, Tippets, Wheeler, Wood,
Zimmermann, Mr Speaker
NAYS -- Bieter, Boe, Chase, Deal, Hansen, Henbest, Jaquet, Jones(9),
Jones(22), Judd, Marley, Meyer, Miller, Ridinger, Robison, Trail,
Watson
Absent and excused -- Stone
Floor Sponsors - Sali, Alltus, Stubbs
Title apvd - to Senate
02/20 Senate intro - 1st rdg as amen - to St Aff
03/12 Rpt out - to 14th Ord
Rpt out amen - to 1st rdg as amen
03/13 Rls susp - PASSED - 24-11-0
AYES--Andreason, Branch, Bunderson, Burtenshaw, Cameron, Crow,
Darrington, Deide, Frasure, Geddes, Hansen, Ipsen, Keough, King, Lee,
McLaughlin, Parry, Richardson, Riggs, Risch, Sandy, Thorne, Twiggs,
Wheeler
NAYS--Boatright, Danielson, Dunklin, Hawkins, Ingram, Noh, Schroeder,
Sorensen, Stennett, Sweeney, Whitworth
Absent and excused--None
Floor Sponsors - Thorne, Parry
Title apvd - to House
03/16 House did NOT concur in Senate amens
Conference Committee appointed
Referred to Conference Committee
03/20 To 14th Ord
03/23 Rpt out amen - 1st rdg - to 2nd rdg as amen
Rls susp - PASSED - 23-12-0 - to House
AYES -- Andreason, Branch, Bunderson, Burtenshaw, Cameron, Crow,
Darrington, Frasure, Geddes, Hawkins, Ipsen, Keough, King, Lee,
McLaughlin, Parry, Richardson, Riggs, Risch, Sandy, Thorne, Twiggs,
Wheeler
NAYS -- Boatright, Danielson, Deide, Dunklin, Hansen, Ingram, Noh,
Schroeder, Sorensen, Stennett, Sweeney, Whitworth
Absent and excused -- None
03/23 House concurred in Senate amens
Rls susp - PASSED - 51-17-2
AYES -- Alltus, Barraclough, Barrett, Bell, Bivens, Black(15),
Black(23), Bruneel, Callister, Campbell, Clark, Crane, Crow, Cuddy,
Denney, Ellsworth, Field(13), Field(20), Gagner, Geddes, Gould,
Hadley, Hornbeck, Kellogg, Kempton, Kendell, Kjellander, Kunz, Lake,
Linford, Loertscher, Mader, Marley, McKague, Mortensen, Newcomb,
Pomeroy, Reynolds, Richman, Sali, Schaefer, Stevenson, Stoicheff,
Stubbs, Taylor, Tilman, Tippets, Wheeler, Wood, Zimmermann, Mr.
Speaker
NAYS -- Bieter, Boe, Chase, Deal, Hansen, Henbest, Jaquet, Jones(9),
Jones(22), Meyer, Miller, Pischner, Ridinger, Robison, Stone, Trail,
Watson
Absent and excused -- Jones(20), Judd
03/23 To engros & enrol
03/24 Rpt engros & enrol- Sp signed
03/26 Pres signed - to Governor
03/30 Governor VETOED
H0610|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 610, As Amended, As Amended in the Senate BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO ABORTION; AMENDING SECTION 18-604, IDAHO CODE, TO ADD DEFINITIONS; 3 AMENDING SECTION 18-609, IDAHO CODE, TO PROVIDE THAT IT CONSTITUTES UNPRO- 4 FESSIONAL CONDUCT FOR A PHYSICIAN TO KNOWINGLY FAIL TO INFORM A PREGNANT 5 PATIENT OF A POSITIVE PREGNANCY TEST OR TO FAIL TO PROVIDE THE PREGNANT 6 PATIENT WITH SPECIFIED INFORMATION, TO REQUIRE CONSENT TO AN ABORTION BY 7 THE MINOR AND, IF THE MINOR IS UNEMANCIPATED, THE MINOR'S PARENT OR GUARD- 8 IAN, TO PROVIDE FOR A MINOR'S CONSENT PURSUANT TO COURT ORDER, TO PROVIDE 9 THE PROCEDURES AND CRITERIA FOR A COURT-ORDERED CONSENT, TO PROVIDE FOR 10 APPEAL FROM THE ORDER, TO PROVIDE FOR CONFIDENTIALITY OF RECORDS CONTAINED 11 IN COURT FILES OF JUDICIAL PROCEEDINGS REGARDING JUDICIAL AUTHORIZATION OF 12 A MINOR'S CONSENT TO AN ABORTION OR THE PERFORMANCE OF ABORTION PROCEDURES 13 UPON A MINOR, TO DELETE A SEVERABILITY CLAUSE AND TO MAKE A TECHNICAL COR- 14 RECTION; AMENDING SECTION 18-611, IDAHO CODE, TO DELETE REFERENCE TO AGE 15 AND PRESUMPTIONS; AMENDING CHAPTER 6, TITLE 18, IDAHO CODE, BY THE ADDI- 16 TION OF A NEW SECTION 18-613, IDAHO CODE, TO REQUIRE THAT POSITIVE IDENTI- 17 FICATION IS REQUIRED PRIOR TO PERFORMING AN ABORTION; AMENDING CHAPTER 6, 18 TITLE 18, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 18-614, IDAHO CODE, 19 TO PROVIDE SEVERABILITY; AMENDING CHAPTER 3, TITLE 9, IDAHO CODE, BY THE 20 ADDITION OF A NEW SECTION 9-340F, IDAHO CODE, TO PROVIDE AN EXEMPTION FROM 21 DISCLOSURE OF RECORDS CONTAINED IN COURT FILES OF JUDICIAL PROCEEDINGS 22 REGARDING JUDICIAL AUTHORIZATION OF A MINOR'S CONSENT TO AN ABORTION OR 23 THE PERFORMANCE OF ABORTION PROCEDURES UPON MINORS; AND AMENDING SECTION 24 39-261, IDAHO CODE, TO PROVIDE ADDITIONAL REQUIREMENTS FOR INDUCED ABOR- 25 TION REPORTING FORMS AND TO PROVIDE PENALTIES. 26 Be It Enacted by the Legislature of the State of Idaho: 27 SECTION 1. That Section 18-604, Idaho Code, be, and the same is hereby 28 amended to read as follows: 29 18-604. DEFINITIONS. As used in this act: 30 ( 1.) "Abortion" means the31intentional termination of human pregnancy for purposes other than delivery of32a viable birthuse of any means to terminate the clinically 33 diagnosable pregnancy of a woman with knowledge that the termination by those 34 means will, with reasonable likelihood, cause the death of the unborn fetus 35 except that, for the purposes of this chapter, "abortion" shall not mean the 36 use of an intrauterine device or birth control pill to inhibit or prevent 37 ovulation, fertilization or the implantation of a fertilized ovum within the 38 uterus . 39 ( 2.) "Physician" means a person 40 licensed to practice medicine and surgery or osteopathic medicine and surgery 41 in this state as provided in chapter 18, title 54, Idaho Code. 42 ( 3.) "Hospital" means an acute 43 care, general hospital in this state, licensed as provided in chapter 13, 2 1 title 39, Idaho Code. 2 ( 4.) "First trimester of preg- 3 nancy" means the first thirteen (13) weeks of a pregnancy. 4 ( 5.) "Second trimester of preg- 5 nancy" means that portion of a pregnancy following the thirteenth week and 6 preceding the point in time when the fetus becomes viable, and there is hereby 7 created a legal presumption that the second trimester does not end before the 8 commencement of the twenty-fifth week of pregnancy, upon which presumption any 9 licensed physician may proceed in lawfully aborting a patient pursuant to sec- 10 tion 18-608, Idaho Code, in which case the same shall be conclu- 11 sive and unrebuttable in all civil or criminal proceedings. 12 ( 6.) "Third trimester of preg- 13 nancy" means that portion of a pregnancy from and after the point in time when 14 the fetus becomes viable. 15 (7) "Parent" means one (1) parent of the pregnant woman or the 16 guardian or conservator if the pregnant woman has one. 177.(8) Any reference to a viable fetus or 18 viability shall be construed to mean a fetus potentially able to live 19 outside the mother's womb, albeit with artificial aid. 20 (9) "Positive identification" means state, district, territorial, 21 possession, provincial, national or other equivalent government driver's 22 license, identification card or military card, bearing a photograph and a date 23 of birth, or a valid passport, or a birth certificate. 24 SECTION 2. That Section 18-609, Idaho Code, be, and the same is hereby 25 amended to read as follows: 26 18-609. PHYSICIANS AND HOSPITALS NOT TO INCUR CIVIL LIABILITY -- CONSENT 27 TO ABORTION -- NOTICE. (1) Any physician may perform an abortion 28 not prohibited by this act and any hospital or other facility described in 29 section 18-608, Idaho Code, may provide facilities for such procedures with- 30 out, in the absence of negligence, incurring civil liability therefor to any 31 person,including , but not limited to , 32 the pregnant patient and the prospective father of the fetus to have been 33 born in the absence of abortion, if informed consent for such abortion has 34 been duly given by the pregnant patient. 35 (2) In order to provide assistance in assuring that the consent to an 36 abortion is truly informed consent, the director of the department of health 37 and welfare shall publish, after consultation with interested parties, easily 38 comprehended printed material to be made available at the expense of the phy- 39 sician, hospital or other facility providing the abortion, and which shall 40 contain the following: 41 (a) Descriptions of the services available to assist a woman through a 42 pregnancy, at childbirth and while the child is dependent, including adop- 43 tion services, a comprehensive list of the names, addresses, and telephone 44 numbers of public and private agencies that provide such services and 45 financial aid available; 46 (b) Descriptions of the physical characteristics of a normal fetus, 47 described at two (2) week intervals, beginning with the fourth week and 48 ending with the twenty-fourth week of development, accompanied by scien- 49 tifically verified photographs of a fetus during such stages of develop- 50 ment. The description shall include information about physiological and 51 anatomical characteristics, brain and heart function, and the presence of 52 external members and internal organs during the applicable stages of 53 development; and 3 1 (c) Descriptions of the abortion procedures used in current medical prac- 2 tices at the various stages of growth of the fetus and any reasonable 3 foreseeable complications and risks to the mother, including those related 4 to subsequent child bearing. 5 (3) No abortion shall be performed unless, prior to the abortion, the 6 attending physician or the attending physician's agent (i) confirms or veri- 7 fies a positive pregnancy test and informs the pregnant patient of a positive 8 pregnancy test, and (ii) certifies in writing that the materials provided by 9 the director of the department of health and welfare have beenprovided10offered to the pregnant patient, if reasonably pos-11sible,at least twenty-four (24) hours before the performance of the 12 abortion. If the materials are not available from the director of the depart- 13 ment of health and welfare, no certification shall be required. The attending 14 physician, or the attending physician's agent, shall provide any other infor- 15 mation required under this act. In addition to providing the material, the 16 attending physician may provide the pregnant patient with such other informa- 17 tion which in the attending physician's judgment is relevant to the pregnant 18 patient's decision as to whether to have the abortion or carry the pregnancy 19 to term. The knowing failure of the attending physician to perform any 20 one (1) or more of the acts required under subsection (3), (4) or (5) of this 21 section, as well as the attending physician's knowingly allowing an agent of 22 the attending physician to fail to perform any one (1) or more of the acts 23 required under (i) and (ii) of this subsection may constitute unprofessional 24 conduct upon the basis of which the attending physician may be subject to dis- 25 cipline pursuant to section 54-1814(6), Idaho Code, and shall subject the phy- 26 sician to assessment of a civil penalty of one hundred dollars ($100) payable 27 to the center for vital statistics and health policy, but shall not constitute 28 a criminal act. 29 (4)If the attending physician reasonably determines that due to30circumstances peculiar to a specific pregnant patient, disclosure of the mate-31rial is likely to cause a severe and long lasting detrimental effect on the32health of such pregnant patient, disclosure of the materials shall not be33required. Within thirty (30) days after performing any abortion without certi-34fication and delivery of the materials, the attending physician, or the35attending physician's agent, shall cause to be delivered to the director of36the department of health and welfare, a report signed by the attending physi-37cian, preserving the patient's anonymity, which explains the specific circum-38stances that excused compliance with the duty to deliver the materials. The39director of the department of health and welfare shall compile the information40annually and report to the public the total number of abortions performed in41the state where delivery of the materials was excused; provided that any42information so reported shall not identify any physician or patient in any43manner which would reveal their identities.When a medical emer- 44 gency compels the performance of an abortion, the physician shall inform the 45 female, prior to the abortion if possible, of the medical indications support- 46 ing the physician's judgment that an abortion is necessary to avert her death 47 or that a twenty-four (24) hour delay will create serious risk of substantial 48 and irreversible impairment of a major bodily function. 49 (5) If section 18-608(3), Idaho Code, applies to the abortion to be per- 50 formed and the pregnant patient is for any reason unable to give a valid con- 51 sent thereto, the requirement for that pregnant patient's consent shall be met 52 as required by law for other medical or surgical procedures and shall be 53 determined in consideration of the desires, interests and welfare of the preg- 54 nant patient. 55 (6) In addition ,to the requirements of subsection (1)4 1of this section, if the pregnant patient is unmarried and under eighteen (18)2years of age or unemancipated, the physician shall provide notice, if possi-3ble, of the pending abortion to the parents or legal guardian of the pregnant4patient at least twenty-four (24) hours prior to the performance of the abor-5tion.abortions performed upon minors shall be subject to the 6 following: 7 (a) No person shall knowingly perform an abortion upon a pregnant woman 8 under the age of eighteen (18) years unless: 9 (i) The attending physician has secured the informed written con- 10 sent of the minor and the minor's parent or guardian; 11 (ii) The minor is emancipated and the attending physician has 12 received the informed written consent of the minor; 13 (iii) The minor has been granted the right of self-consent to the 14 abortion by court order pursuant to paragraph (b) of this subsection 15 and the attending physician has received the informed written consent 16 of the minor; 17 (iv) The minor has been granted consent to the abortion by court 18 order, the court has given its informed written consent in accordance 19 with paragraph (b) of this subsection, and the minor is having the 20 abortion willingly, in compliance with paragraph (c) of this subsec- 21 tion; or 22 (v) The abortion is necessary in order to prevent the death of the 23 pregnant minor or is immediately necessary to prevent the substantial 24 and irreversible impairment of a major bodily function of the preg- 25 nant minor. As soon after an abortion is performed pursuant to this 26 provision as reasonably possible, the parent(s) of the minor shall be 27 notified of the performance of the abortion and the basis for the 28 determination by the attending physician that such abortion was 29 required to save the minor's life or to prevent the substantial and 30 irreversible impairment of a major bodily function of the pregnant 31 minor. 32 (b) The right of a minor to self-consent to an abortion under paragraph 33 (a)(iii) of this subsection or court consent under paragraph (a)(iv) of 34 this subsection may be granted by a court pursuant to the following proce- 35 dures: 36 (i) The minor or prospective guardian ad litem shall petition the 37 district court for the judicial district in which the minor resides. 38 The prospective guardian ad litem shall assist the minor in preparing 39 the petition and notices required pursuant to this section. The 40 petition shall set forth the initials of the minor; the age of the 41 minor; the names and addresses of each parent, guardian, or, if the 42 minor's parents are deceased and no guardian has been appointed, any 43 other person standing in loco parentis of the minor; that the minor 44 has been fully informed of the risks and consequences of the abor- 45 tion; that the minor is of sound mind and has sufficient intellectual 46 capacity to consent to the abortion; that, if the court does not 47 grant the minor majority rights for the purpose of consent to the 48 abortion, the court should find that the abortion is in the best 49 interest of the minor and give judicial consent to the abortion; and 50 that the court should appoint a guardian ad litem of the child. The 51 petition shall be signed by the minor or the prospective guardian ad 52 litem. 53 (ii) A hearing on the merits of the petition, to be held on the 54 record, shall be held as soon as possible within five (5) days of the 55 filing of the petition. The court shall appoint a suitable person as 5 1 guardian ad litem for the minor if requested in the petition, or as 2 otherwise appropriate. At the hearing, the court shall hear evidence 3 relating to the emotional development, maturity, intellect and under- 4 standing of the minor; the nature, possible consequences and alterna- 5 tives to abortion; and any other evidence that the court may find 6 useful in determining whether the minor should be granted majority 7 rights for the purpose of consenting to the abortion or whether the 8 abortion is in the best interests of the minor. 9 (iii) In the decree, the court shall for good cause: 10 (A) Grant the petition for majority rights for the purpose of 11 consenting to the abortion; 12 (B) Find the abortion to be in the best interests of the minor 13 and give judicial consent to the abortion, setting forth the 14 grounds for so finding; or 15 (C) Deny the petition, setting forth the grounds on which the 16 petition is denied. 17 (iv) An appeal from an order issued under the provisions of this 18 subsection may be taken to the Idaho supreme court by the minor or by 19 a parent or guardian of the minor. The notice of appeal shall be 20 filed within two (2) days from the date of service of the order. The 21 record on appeal shall be completed and the appeal shall be perfected 22 within five (5) days from the filing of notice to appeal. Because 23 time may be of the essence regarding the performance of the abortion, 24 the supreme court of this state shall, by court rule, provide for 25 expedited appellate review of cases appealed under this section. 26 (c) If a minor desires an abortion, then she shall be orally informed of, 27 and, if possible, sign written consent required by this act, in the same 28 manner as an adult person. 29 (d) All records contained in court files of judicial proceedings arising 30 under the provisions of this subsection shall be confidential and exempt 31 from disclosure pursuant to section 9-340F, Idaho Code. 32(7) If any one or more the subsection or provisions of this sec-33tion, or the application thereof to any person or circumstance, shall ever be34held by any court of competent jursidiction to be invalid, the remaining pro-35visions of this section and the application thereof to persons or circum-36stances other than those to which it is held to be invalid, shall not be37affected thereby, it being the intention of the legislature to enact the38remaining provisions of this section notwithstanding such invalidity.39 SECTION 3. That Section 18-611, Idaho Code, be, and the same is hereby 40 amended to read as follows: 41 18-611. PATIENT'S REPRESENTATIONS -- PHYSICIANS AND HOSPITALS MAY ACCEPT. 42 No physician in the course of counselling with a pregnant patient regarding an 43 abortion shall be required to confer with any other person as a condition pre- 44 cedent to forming a medical judgment in the matter. Neither shall it be the 45 responsibility of the physician, having made such a judgment and in the course 46 of securing consent for such an abortion, to inquire or investigate beyond the 47 representation of the pregnant patient as to theage ormarital 48 status of such patient .or as to the approximate time of49conception.Licensed hospitals proceeding upon the admission or other 50 customary direction or order of a physician in connection with providing 51 facilities for an abortionmay rely upon the same presumption of compe-52tence and truthfulness of the patient andshall not intervene between 53 the physician and patient in connection with the consent process; provided, 6 1 however, this provision shall not bar the hospital, in its discretion, from 2 securing a customary written documentation of the fact of consent having been 3 secured. 4 SECTION 4. That Chapter 6, Title 18, Idaho Code, be, and the same is 5 hereby amended by the addition thereto of a NEW SECTION , to be 6 known and designated as Section 18-613, Idaho Code, and to read as follows: 7 18-613. IDENTIFICATION REQUIRED. No abortion otherwise permitted pursuant 8 to Idaho law may be performed until the physician either confirms the age of 9 the female by positive identification or secures parental or legal consent 10 pursuant to section 18-609, Idaho Code. 11 SECTION 5. That Chapter 6, Title 18, Idaho Code, be, and the same is 12 hereby amended by the addition thereto of a NEW SECTION , to be 13 known and designated as Section 18-614, Idaho Code, and to read as follows: 14 18-614. SEVERABILITY. If any one (1) or more provision, section, subsec- 15 tion, sentence, clause, phrase, or word of this act or the application thereof 16 to any person or circumstance is found to be unconstitutional, the same is 17 hereby declared to be severable and the balance of this act shall remain 18 effective notwithstanding such unconstitutionality. The legislature hereby 19 declares that it would have passed this act and each provision, section, sub- 20 section, sentence, clause, phrase or work thereof irrespective of the fact 21 that any one (1) or more provisions, sections, subsections, sentences, 22 clauses, phrases, or words be declared unconstitutional. 23 SECTION 6. That Chapter 3, Title 9, Idaho Code, be, and the same is 24 hereby amended by the addition thereto of a NEW SECTION , to be 25 known and designated as Section 9-340F, Idaho Code, and to read as follows: 26 9-340F. EXEMPTION FROM DISCLOSURE -- RECORDS OF COURT PROCEEDINGS REGARD- 27 ING JUDICIAL AUTHORIZATION OF ABORTION PROCEDURES FOR MINORS. In accordance 28 with section 18-609(6), Idaho Code, the following records are exempt from pub- 29 lic disclosure: records contained in court files of judicial proceedings 30 regarding judicial authorization of a minor's consent to an abortion or the 31 performance of abortion procedures upon a minor who would otherwise have to 32 obtain consent for the procedure from a parent or guardian. 33 SECTION 7. That Section 39-261, Idaho Code, be, and the same is hereby 34 amended to read as follows: 35 39-261. INDUCED ABORTION REPORTING FORMS -- COMPILATIONS. (a) The vital 36 statistics unit shall establish an induced abortion reporting form, which 37 shall be used for the reporting of every induced abortion performed in this 38 state. However, no information shall be collected which would identify the 39 woman who had the abortion. Such form shall be prescribed by the department 40 and shall include as a minimum the items required by the standard reporting 41 form as recommended by the national center for health statistics, of the 42 United States department of health and human services along with the 43 attending physician's statement fully identifying the conditions, tests or 44 examinations upon which the physician determined the viability and gestational 45 age of the fetus and his basis for determining that a medical emergency or 46 other circumstance existed which made the abortion necessary or permissible 47 under Idaho law. If the woman is an unemancipated minor, the report shall also 7 1 reflect whether the abortion was performed with the consent of a parent or 2 pursuant to court order . 3 The completed form shall be filed by the attending physician and sent to 4 the vital statistics unit within fifteen (15) days after the end of each 5 reporting month. The submitted form shall be an original, typed or written 6 legibly in durable ink, and shall not be deemed complete until every item of 7 information required shall have been provided or its omission satisfactorily 8 accounted for. Carbon copies shall not be acceptable. 9 The knowing failure of the attending physician to perform any one 10 (1) or more of the acts required under this section may constitute unprofes- 11 sional conduct upon the basis of which the attending physician may be subject 12 to discipline pursuant to section 54-1814(6), Idaho Code, and shall subject 13 the physician to assessment of a civil penalty of one hundred dollars ($100) 14 payable to the center for vital statistics and health policy, but shall not 15 constitute a criminal act. 16 (b) The department of health and welfare shall prepare and keep on perma- 17 nent file compilations of the information submitted on the induced abortion 18 reporting forms pursuant to such rules and regulations as established by the 19 department of health and welfare, which compilations shall be a matter of pub- 20 lic record.
STATEMENT OF PURPOSE
RS07879C1
Several aspects of Idaho law regarding abortion have been deemed
unconstitutional as set out in Attorney General Opinions No.93-5
and 98-1. The purpose of this legislation is to remove those
unconstitutional aspects of Idaho Code, replacing them with either
specific language which has been held constitutional by the U.S.
Supreme Court or language as indicated by Idaho Attorney General
Alan G. Lance in his Opinion 98-1. Wherever possible the standards
of existing Idaho code have been retained.
FISCAL NOTE
No expenditure of funds is required to enact this legislation.
Representative Bill Sali 332-1000
CONTACT: Representative Jeff Alltus 332-1000
Dennis Mansfield 376-9009
STATEMENT OF PURPOSE/FISCAL NOTE
Bill No H 610