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S1277......................................................by STATE AFFAIRS ABORTION - PARENTAL CONSENT - Amends, repeals and adds to existing law to provide legislative findings; to provide definitions; to provide that it is unlawful for any person other than a physician to perform or cause an abortion; to provide reference to adult patients; to require consent for abortions for minors; to provide various forms of consent; to provide for abortion for medical emergencies; to provide notice to parents for abortions due to medical emergencies; to provide for reports to law enforcement agencies if notice to parents cannot be made; to provide procedures for a court to grant a minor's right to self-consent; to provide contents for petitions to the court; to provide for hearings; to provide for decisions by the court; to provide for appeals; to provide that no fees may be charged; to provide that a minor shall be orally informed; to provide that certain judicial records are exempt from public disclosure; to provide that the administrative director of the courts shall compile statistics; to provide a private right of action to any person injured by an abortion; to require reporting to the Department of Health and Welfare; to provide that physicians are subject to professional discipline and civil penalties; to require identification and age confirmation; and to provide severability. 03/11 Senate intro - 1st rdg - to printing 03/12 Rpt prt - to St Aff
S1277|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN THE SENATE SENATE BILL NO. 1277 BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO ABORTION; AMENDING CHAPTER 6, TITLE 18, IDAHO CODE, BY THE ADDI- 3 TION OF A NEW SECTION 18-601, IDAHO CODE, TO PROVIDE LEGISLATIVE FINDINGS 4 AND INTENT; AMENDING SECTION 18-604, IDAHO CODE, TO PROVIDE A DEFINITION 5 AND TO MAKE TECHNICAL CORRECTIONS; AMENDING CHAPTER 6, TITLE 18, IDAHO 6 CODE, BY THE ADDITION OF A NEW SECTION 18-608A, IDAHO CODE, TO MAKE IT 7 UNLAWFUL FOR ANY PERSON OTHER THAN A PHYSICIAN TO CAUSE OR PERFORM AN 8 ABORTION; AMENDING SECTION 18-609, IDAHO CODE, TO PROVIDE A REFERENCE TO 9 ADULT PATIENTS, TO DELETE REQUIREMENTS FOR NOTICE TO PARENTS OF UNMARRIED 10 PREGNANT PATIENTS UNDER EIGHTEEN YEARS OF AGE OR WHO ARE UNEMANCIPATED, TO 11 DELETE LANGUAGE PROVIDING FOR SEVERABILITY AND TO MAKE TECHNICAL CORREC- 12 TIONS; AMENDING CHAPTER 6, TITLE 18, IDAHO CODE, BY THE ADDITION OF A NEW 13 SECTION 18-609A, IDAHO CODE, TO REQUIRE CONSENT FOR ABORTIONS FOR MINORS, 14 TO PROVIDE VARIOUS FORMS OF CONSENT, TO PROVIDE FOR ABORTION FOR MEDICAL 15 EMERGENCIES, TO PROVIDE NOTICE TO PARENTS FOR ABORTIONS DUE TO MEDICAL 16 EMERGENCIES, TO PROVIDE FOR REPORTS TO LAW ENFORCEMENT AGENCIES IF NOTICE 17 TO PARENTS CANNOT BE MADE, TO PROVIDE PROCEDURES FOR A COURT TO GRANT A 18 MINOR'S RIGHT TO SELF-CONSENT TO AN ABORTION, TO PROVIDE CONTENTS FOR 19 PETITIONS TO THE COURT, TO PROVIDE FOR HEARINGS, TO PROVIDE FOR DECISIONS 20 OF THE COURT, TO PROVIDE FOR APPEALS, TO PROVIDE THAT NO FEES MAY BE 21 CHARGED, TO PROVIDE THAT A MINOR SHALL BE ORALLY INFORMED, TO PROVIDE THAT 22 CERTAIN JUDICIAL RECORDS ARE EXEMPT FROM PUBLIC DISCLOSURE, TO PROVIDE 23 THAT THE ADMINISTRATIVE DIRECTOR OF THE COURTS SHALL COMPILE STATISTICS, 24 TO PROVIDE A PRIVATE RIGHT OF ACTION TO ANY PERSON INJURED BY AN ABORTION, 25 TO REQUIRE REPORTING TO THE DEPARTMENT OF HEALTH AND WELFARE, TO PROVIDE 26 THAT PHYSICIANS ARE SUBJECT TO PROFESSIONAL DISCIPLINE AND CIVIL PENALTIES 27 AND TO PROVIDE DEFINITIONS; REPEALING SECTION 18-611, IDAHO CODE; AMENDING 28 CHAPTER 6, TITLE 18, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 18-614, 29 IDAHO CODE, TO REQUIRE IDENTIFICATION AND AGE CONFIRMATION; AMENDING CHAP- 30 TER 6, TITLE 18, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 18-615, 31 IDAHO CODE, TO PROVIDE SEVERABILITY; AND AMENDING CHAPTER 3, TITLE 9, 32 IDAHO CODE, BY THE ADDITION OF A NEW SECTION 9-340G, IDAHO CODE, TO EXEMPT 33 FROM PUBLIC DISCLOSURE RECORDS OF COURT PROCEEDINGS REGARDING JUDICIAL 34 AUTHORIZATION OF ABORTION PROCEDURES FOR MINORS. 35 Be It Enacted by the Legislature of the State of Idaho: 36 SECTION 1. That Chapter 6, Title 18, Idaho Code, be, and the same is 37 hereby amended by the addition thereto of a NEW SECTION , to be 38 known and designated as Section 18-601, Idaho Code, and to read as follows: 39 18-601. LEGISLATIVE FINDINGS AND INTENT. (1) The legislature finds: 40 (a) That children have a special place in society that the law should 41 reflect; 42 (b) That minors too often lack maturity and make choices that do not 43 include consideration of both immediate and long-term consequences; 2 1 (c) That the medical, emotional and psychological consequences of abor- 2 tion and childbirth are serious and can be lasting, particularly when the 3 patient is immature; 4 (d) That the capacity to become pregnant and the capacity for mature 5 judgment concerning the wisdom of bearing a child or of having an abortion 6 are not necessarily related; 7 (e) That parents, when aware that their daughter is pregnant or has had 8 an abortion are in the best position to ensure that she receives adequate 9 medical attention during her pregnancy or after her abortion; 10 (f) That except in rare cases, parents possess knowledge regarding their 11 child which is essential for a physician to exercise the best medical 12 judgment for that child; 13 (g) That when a minor is faced with the difficulties of an unplanned 14 pregnancy, the best interests of the minor are always served when there is 15 careful consideration of the rights of parents in rearing their child and 16 the unique counsel and nurturing environment that parents can provide; 17 (h) That informed consent is always necessary for making mature health 18 care decisions. 19 (2) It is the intent of the legislature in enacting section 18-609A, 20 Idaho Code, to further the following important and compelling state interests 21 recognized by the United States supreme court in: 22 (a) Protecting minors against their own immaturity; 23 (b) Preserving the integrity of the family unit; 24 (c) Defending the authority of parents to direct the rearing of children 25 who are members of their household; 26 (d) Providing a pregnant minor with the advice and support of a parent 27 during a decisional period; 28 (e) To provide for proper medical treatment and aftercare when the life 29 or physical health of the pregnant minor is at serious risk in the rare 30 instance of a sudden and unexpected medical emergency. 31 SECTION 2. That Section 18-604, Idaho Code, be, and the same is hereby 32 amended to read as follows: 33 18-604. DEFINITIONS. As used in this act: 34 ( 1.) "Abortion" means the inten- 35 tional termination of human pregnancy for purposes other than delivery of a 36 viable birth. 372. "Physician" means a person licensed to practice medicine and38surgery or osteopathic medicine and surgery in this state as provided in chap-39ter 18, title 54, Idaho Code.40 (2) "First trimester of pregnancy" means the first thirteen (13) 41 weeks of a pregnancy. 42 ( 3.) "Hospital" means an acute 43 care, general hospital in this state, licensed as provided in chapter 13, 44 title 39, Idaho Code. 454. "First trimester of pregnancy" means the first thirteen (13)46weeks of a pregnancy.47 (4) "Informed consent" means a voluntary and knowing decision to 48 undergo a specific procedure or treatment. To be voluntary, the decision must 49 be made freely after sufficient time for contemplation and without coercion by 50 any person. To be knowing, the decision must be based on the physician's accu- 51 rate and substantially complete explanation of each fact pertinent to making 52 the decision. Facts pertinent to making the decision shall include, but not be 53 limited to: 3 1 (a) A description of any proposed treatment or procedure; 2 (b) Any reasonably foreseeable complications and risks to the patient 3 from such procedure, including those related to future reproductive 4 health; and 5 (c) The manner in which such procedure and its foreseeable complications 6 and risks compare with those of each readily available alternative to such 7 procedure, including childbirth and adoption. 8 The physician must provide the information in terms which can be understood by 9 the person making the decision, with consideration of age, level of maturity 10 and intellectual capability. 11 (5) "Physician" means a person licensed to practice medicine and 12 surgery or osteopathic medicine and surgery in this state as provided in chap- 13 ter 18, title 54, Idaho Code. 145.(6) "Second trimester of pregnancy" means 15 that portion of a pregnancy following the thirteenth week and preceding the 16 point in time when the fetus becomes viable, and there is hereby created a 17 legal presumption that the second trimester does not end before the commence- 18 ment of the twenty-fifth week of pregnancy, upon which presumption any 19 licensed physician may proceed in lawfully aborting a patient pursuant to sec- 20 tion 18-608, Idaho Code, in which case the same shall be conclu- 21 sive and unrebuttable in all civil or criminal proceedings. 226.(7) "Third trimester of pregnancy" means that 23 portion of a pregnancy from and after the point in time when the fetus becomes 24 viable. 257.(8) Any reference to a viable fetus shall be 26 construed to mean a fetus potentially able to live outside the mother's womb, 27 albeit with artificial aid. 28 SECTION 3. That Chapter 6, Title 18, Idaho Code, be, and the same is 29 hereby amended by the addition thereto of a NEW SECTION , to be 30 known and designated as Section 18-608A, Idaho Code, and to read as follows: 31 18-608A. PERSONS AUTHORIZED TO PERFORM ABORTIONS. It is unlawful for any 32 person other than a physician to cause or perform an abortion. 33 SECTION 4. That Section 18-609, Idaho Code, be, and the same is hereby 34 amended to read as follows: 35 18-609. PHYSICIANS AND HOSPITALS NOT TO INCUR CIVIL LIABILITY -- CONSENT 36 TO ABORTION -- NOTICE. (1) Any physician may perform an abortion 37 not prohibited by this act and any hospital or other facility described in 38 section 18-608, Idaho Code, may provide facilities for such procedures with- 39 out, in the absence of negligence, incurring civil liability therefor to any 40 person,including , but not limited to , 41 the pregnant patient and the prospective father of the fetus to have been born 42 in the absence of abortion, if informed consent for such abortion has been 43 duly given by the pregnant patient. 44 (2) In order to provide assistance in assuring that the consent to an 45 abortion is truly informed consent, the director of the department of health 46 and welfare shall publish, after consultation with interested parties, easily 47 comprehended printed material to be made available at the expense of the phy- 48 sician, hospital or other facility providing the abortion, and which shall 49 contain the following: 50 (a) Descriptions of the services available to assist a woman through a 51 pregnancy, at childbirth and while the child is dependent, including adop- 4 1 tion services, a comprehensive list of the names, addresses, and telephone 2 numbers of public and private agencies that provide such services and 3 financial aid available; 4 (b) Descriptions of the physical characteristics of a normal fetus, 5 described at two (2) week intervals, beginning with the fourth week and 6 ending with the twenty-fourth week of development, accompanied by scien- 7 tifically verified photographs of a fetus during such stages of develop- 8 ment. The description shall include information about physiological and 9 anatomical characteristics, brain and heart function, and the presence of 10 external members and internal organs during the applicable stages of 11 development; and 12 (c) Descriptions of the abortion procedures used in current medical prac- 13 tices at the various stages of growth of the fetus and any reasonable 14 foreseeable complications and risks to the mother, including those 15 related to subsequent child bearing. 16 (3) No abortion shall be performed unless, prior to the abortion, the 17 attending physician or the attending physician's agent (i) confirms or veri- 18 fies a positive pregnancy test and informs the pregnant patient of a positive 19 pregnancy test, and (ii) certifies in writing that the materials provided by 20 the director of the department of health and welfare have been provided to the 21 pregnant patient, if reasonably possible, at least twenty-four (24) hours 22 before the performance of the abortion. If the materials are not available 23 from the director of the department of health and welfare, no certification 24 shall be required. The attending physician, or the attending physician's 25 agent, shall provide any other information required under this act. In addi- 26 tion to providing the material, the attending physician may provide the preg- 27 nant patient with such other information which in the attending physician's 28 judgment is relevant to the pregnant patient's decision as to whether to have 29 the abortion or carry the pregnancy to term. 30 (4) If the attending physician reasonably determines that due to circum- 31 stances peculiar to a specific pregnant patient, disclosure of the material is 32 likely to cause a severe and long lasting detrimental effect on the health of 33 such pregnant patient, disclosure of the materials shall not be required. 34 Within thirty (30) days after performing any abortion without certification 35 and delivery of the materials, the attending physician, or the attending 36 physician's agent, shall cause to be delivered to the director of the depart- 37 ment of health and welfare, a report signed by the attending physician, pre- 38 serving the patient's anonymity, which explains the specific circumstances 39 that excused compliance with the duty to deliver the materials. The director 40 of the department of health and welfare shall compile the information annually 41 and report to the public the total number of abortions performed in the state 42 where delivery of the materials was excused; provided that any information so 43 reported shall not identify any physician or patient in any manner which would 44 reveal their identities. 45 (5) If section 18-608(3), Idaho Code, applies to the abortion to be per- 46 formed and the pregnant patient is an adult and for any reason 47 unable to give a valid consent thereto, the requirement for that pregnant 48 patient's consent shall be met as required by law for other medical or surgi- 49 cal procedures and shall be determined in consideration of the desires, inter- 50 ests and welfare of the pregnant patient. 51(6) In addition to the requirements of subsection (1) of this sec-52tion, if the pregnant patient is unmarried and under eighteen (18) years of53age or unemancipated, the physician shall provide notice, if possible, of the54pending abortion to the parents or legal guardian of the pregnant patient at55least twenty-four (24) hours prior to the performance of the abortion.5 1(7) If any one or more the subsection or provisions of this section, or2the application thereof to any person or circumstance, shall ever be held by3any court of competent jursidiction to be invalid, the remaining provisions of4this section and the application thereof to persons or circumstances other5than those to which it is held to be invalid, shall not be affected thereby,6it being the intention of the legislature to enact the remaining provisions of7this section notwithstanding such invalidity.8 SECTION 5. That Chapter 6, Title 18, Idaho Code, be, and the same is 9 hereby amended by the addition thereto of a NEW SECTION , to be 10 known and designated as Section 18-609A, Idaho Code, and to read as follows: 11 18-609A. CONSENT REQUIRED FOR ABORTIONS FOR MINORS. 12 (1) (a) No person shall knowingly cause or perform an abortion upon a 13 minor unless: 14 (i) The attending physician has secured the written informed con- 15 sent of the minor and the written informed consent of the minor's 16 parent; or 17 (ii) The minor is emancipated and the attending physician has 18 received written proof of emancipation and the minor's written 19 informed consent; or 20 (iii) The minor has been granted the right of self-consent to the 21 abortion by court order pursuant to paragraph (b) of this subsection 22 and the attending physician has received the minor's written informed 23 consent; or 24 (iv) A court has found that the causing or performing of the abor- 25 tion, despite the absence of informed consent of a parent, is in the 26 best interests of the minor and the court has issued an order, pursu- 27 ant to paragraph (b)(iv)2. of this subsection, granting permission 28 for the causing or performing of the abortion, and the minor is hav- 29 ing the abortion willingly, pursuant to paragraph (f) of this subsec- 30 tion; or 31 (v) A medical emergency exists for the minor so urgent that there 32 is insufficient time for the physician to obtain the informed consent 33 of a parent or a court order and the attending physician certifies 34 such in the pregnant minor's medical records. In so certifying, the 35 attending physician must include the factual circumstances supporting 36 his professional judgment that a medical emergency existed and the 37 grounds for the determination that there was insufficient time to 38 obtain the informed consent of a parent or a court order. Immediately 39 after an abortion pursuant to this paragraph, the physician shall, 40 with due diligence, attempt to provide a parent of an unemancipated 41 minor actual notification of the medical emergency. If the parent 42 cannot be immediately contacted for such actual notification, the 43 physician shall, with due diligence, attempt to provide actual noti- 44 fication to a parent for an eight (8) hour period following the caus- 45 ing or performing of the abortion and shall, until a parent receives 46 such notification, ensure that the minor's postabortion medical needs 47 are met. Notwithstanding the above, a physician shall, within twenty- 48 four (24) hours of causing or performing an abortion pursuant to this 49 paragraph, provide actual notification of the medical emergency by: 50 1. Conferring with a parent or agent designated by the parent, 51 and providing any additional information needed for the minor's 52 proper care, and, as soon as practicable thereafter, securing 53 the parent's written acknowledgement of receipt of such notifi- 6 1 cation and information; or 2 2. Providing such actual notification in written form, 3 addressed to the parent at the usual place of abode of the par- 4 ent and delivered personally to the parent by the physician or 5 an agent with written acknowledgement of such receipt by the 6 parent returned to the physician; or 7 3. Providing such actual notification in written form and mail- 8 ing it by certified mail, addressed to the parent at the usual 9 place of abode of the parent with return receipt requested and 10 restricted delivery to the addressee so that a postal employee 11 can only deliver the notice to the authorized addressee. 12 For the purposes of this section, "actual notification" 13 includes, but is not limited to, a statement that an abortion was 14 caused or performed, a description of the factual circumstances sup- 15 porting the physician's judgment that the medical emergency existed 16 and a statement of the grounds for the determination that there was 17 insufficient time to obtain the informed consent of a parent or a 18 court order. 19 If the physician causing or performing such abortion reasonably 20 believes that the minor is homeless or abandoned so that the parents 21 cannot be readily found or that the minor has suffered abuse or 22 neglect such that the minor's physical safety would be jeopardized if 23 a parent were notified that the abortion was caused or performed, the 24 physician shall, in lieu of notifying a parent as required above, 25 make a report to a law enforcement agency pursuant to section 26 16-1619, Idaho Code, and a petition shall be filed pursuant to sec- 27 tion 16-1605, Idaho Code, which petition shall include a reference to 28 this code section. Upon adjudication that the minor comes within the 29 purview of chapter 16, title 16, Idaho Code, either on the basis of 30 homelessness or abandonment such that no parent can be found, or on 31 the basis of abuse or neglect such that the minor's physical safety 32 would be in jeopardy if a parent were notified that the abortion was 33 performed, the court shall, as a part of the decree, also order that 34 the physician's duty to so notify a parent is relieved. In any other 35 event, unless the court enters a finding that the best interests of 36 the child require withholding notice to a parent, the court shall 37 order that a parent receive actual notification of the medical emer- 38 gency and the causing or performing of the abortion. 39 (b) A proceeding for the right of a minor to self-consent to an abortion 40 pursuant to paragraph (a)(iii) of this subsection or for a court order 41 pursuant to paragraph (a)(iv) of this subsection, may be adjudicated by a 42 court as follows: 43 (i) The petition shall be filed in the judicial district where the 44 minor resides. A minor shall have the legal capacity to make and 45 prosecute a petition and appeal as set out herein. A guardian ad 46 litem may assist the minor in preparing her petition and other docu- 47 ments filed pursuant to this section and may seek appointment as set 48 forth below. A guardian ad litem, whether prospective or appointed, 49 must be an attorney properly licensed in this state. The court shall 50 ensure that the minor is given assistance in filing the petition if 51 the minor so desires a guardian ad litem but no qualified guardian ad 52 litem is available. 53 (ii) The petition shall set forth: 54 1. The initials of the minor; 55 2. The age of the minor; 7 1 3. The name and address of each parent, guardian, or, if the 2 minor's parents are deceased or the minor is abandoned and no 3 guardian has been appointed, the name and address of any other 4 person standing in loco parentis of the minor; 5 4. That the minor has been fully informed of the risks and con- 6 sequences of the abortion procedure to be performed; 7 5. A claim that the minor is mature, of sound mind and has suf- 8 ficient intellectual capacity to consent to the abortion for 9 herself; 10 6. A claim that, if the court does not grant the minor the 11 right to self-consent to the abortion, the court should find 12 that causing or performing the abortion, despite the absence of 13 the consent of a parent, is in the best interest of the minor 14 and give judicial consent to the abortion; and 15 7. If so desired by the minor, a request that the court appoint 16 a guardian ad litem, or, alternatively, if no guardian ad litem 17 is requested, that the court should consider whether appointment 18 of a guardian ad litem for the minor is appropriate. 19 The petition shall be signed by the minor and, if she has 20 received assistance from a prospective guardian ad litem in preparing 21 the petition, by the guardian ad litem. 22 (iii) A hearing on the merits of the petition shall be held as soon 23 as practicable but in no event later than five (5) days from the fil- 24 ing of the petition. The petition shall be heard by a district judge 25 on the record in a closed session of the court. The court shall 26 appoint a qualified guardian ad litem for the minor if one is 27 requested in the petition. If no qualified guardian ad litem is 28 available, the court may appoint some other person to act in the 29 capacity of a guardian ad litem, who shall act to fulfill the pur- 30 poses of this section and protect the confidentiality and other 31 rights of the minor. 32 At the hearing, the court shall, after establishing the identity 33 of the minor, hear evidence relating to the emotional development, 34 maturity, intellect and understanding of the minor; the nature of the 35 abortion procedure to be performed and the reasonably foreseeable 36 complications and risks to the minor from such procedure, including 37 those related to future childbearing; the available alternatives to 38 the abortion; the relationship between the minor and her parents; and 39 any other evidence that the court may find relevant in determining 40 whether the minor should be granted the right to self-consent to the 41 abortion or whether the court's consent to causing or performing of 42 the abortion, despite the absence of consent of a parent, is in the 43 best interests of the minor. 44 (iv) The order shall be entered as soon as practicable, but in no 45 event later than five (5) days after the conclusion of the hearing. 46 If, by clear and convincing evidence, the court finds the allegations 47 of the petition to be true and sufficient to establish good cause, 48 the court shall: 49 1. Find the minor sufficiently mature to decide whether to have 50 the abortion and grant the petition and give the minor the right 51 of self-consent to the abortion, setting forth the grounds for 52 so finding; or 53 2. Find the performance of the abortion, despite the absence of 54 the consent of a parent, is in the best interests of the minor 55 and give judicial consent to the abortion, setting forth the 8 1 grounds for so finding. 2 If the court does not find the allegations of the petition to be 3 true or if good cause does not appear from the evidence heard, the 4 court shall deny the petition, setting forth the grounds on which the 5 petition is denied. 6 If, in hearing the petition, the court becomes aware of allega- 7 tions which, if true, would constitute a violation of any section of 8 title 18, Idaho Code, or would bring a child within the purview of 9 chapter 16, title 16, Idaho Code, the court shall order, upon entry 10 of final judgment in the proceeding under this subsection, that an 11 appropriate investigation be initiated or an appropriate information, 12 complaint or petition be filed. Such allegations shall be forwarded 13 by the court with due consideration for the confidentiality of the 14 proceedings under this section. 15 (c) A notice of appeal from an order issued under the provisions of this 16 subsection shall be filed within two (2) days from the date of issuance of 17 the order. The record on appeal shall be completed and the appeal shall be 18 perfected as soon as practicable, but in no event later than five (5) days 19 from the filing of notice of appeal. Because time may be of the essence 20 regarding the performance of the abortion, appeals pursuant to this sub- 21 section shall receive expedited appellate review. 22 (d) Except for the time for filing a notice of appeal, a court may 23 enlarge the times set forth pursuant to this subsection upon request of 24 the minor or upon other good cause appearing, with due consideration for 25 the expedited nature of these proceedings. 26 (e) No filing, appeal or other fees shall be charged for cases or appeals 27 brought pursuant to this section. 28 (f) If a minor desires an abortion, then she shall be orally informed of, 29 and, if possible, sign the written consent required by this act, in the 30 same manner as an adult person. No abortion shall be caused or performed 31 on any minor against her will, except that an abortion may be performed 32 against the will of a minor pursuant to court order if the abortion is 33 necessary to preserve the life of the minor. 34 (g) All records contained in court files of judicial proceedings arising 35 under the provisions of this subsection, and subsection (3) of this sec- 36 tion, shall be confidential and exempt from disclosure pursuant to section 37 9-340G, Idaho Code. Dockets and other court records shall be maintained 38 and court proceedings undertaken so that the names of the parties to 39 actions brought pursuant to this section will not be disclosed to the pub- 40 lic. 41 (2) The administrative director of the courts shall compile statistics 42 for each county for each calendar year, accessible to the public, including: 43 (a) The total number of petitions filed pursuant to paragraph (b) of sub- 44 section (1) of this section; and 45 (b) The number of such petitions filed where a guardian ad litem was 46 requested and the number where a guardian ad litem or other person acting 47 in such capacity was appointed; and 48 (c) The number of such petitions for which the right to self-consent was 49 granted; and 50 (d) The number of such petitions for which the court granted its informed 51 consent; and 52 (e) The number of such petitions which were denied; and 53 (f) For categories described in paragraphs (c), (d) and (e) of this sub- 54 section, the number of appeals taken from the court's order in each cate- 55 gory; and 9 1 (g) For each of the categories set out in paragraph (f) of this subsec- 2 tion, the number of cases for which the district court's order was 3 affirmed and the number of cases for which the district court's order was 4 reversed. 5 (3) In addition to any other cause of action arising from statute or 6 otherwise, any person injured by the causing or performing of an abortion on a 7 minor in violation of any of the requirements of paragraph (a) of subsection 8 (1) of this section shall have a private right of action to recover all dam- 9 ages sustained as a result of such violation, including reasonable attorney's 10 fees if judgment is rendered in favor of the plaintiff. 11 (4) Statistical records. 12 (a) The vital statistics unit of the department of health and welfare 13 shall, in addition to other information required pursuant to section 14 39-261, Idaho Code, require the complete and accurate reporting of infor- 15 mation relevant to each abortion performed upon a minor which shall 16 include, at a minimum, the following: 17 (i) Whether the abortion was performed following the physician's 18 receipt of: 19 1. The written informed consent of a parent and the minor; or 20 2. The written informed consent of an emancipated minor for 21 herself; or 22 3. The written informed consent of a minor for herself pursuant 23 to a court order granting the minor the right to self-consent; 24 or 25 4. The written informed consent of a court pursuant to an order 26 which includes a finding that the performance of the abortion, 27 despite the absence of the consent of a parent, is in the best 28 interests of the minor; or 29 5. The professional judgment of the attending physician that 30 the performance of the abortion was immediately necessary due to 31 a medical emergency and there was insufficient time to obtain 32 consent from a parent or a court order. 33 (ii) If the abortion was performed due to a medical emergency and 34 without consent from a parent or court order, the diagnosis upon 35 which the attending physician determined that the abortion was imme- 36 diately necessary due to a medical emergency. 37 (b) The knowing failure of the attending physician to perform any one (1) 38 or more of the acts required under this subsection is grounds for disci- 39 pline pursuant to section 54-1814(6), Idaho Code, and shall subject the 40 physician to assessment of a civil penalty of one hundred dollars ($100) 41 for each month or portion thereof that each such failure continues, pay- 42 able to the center for vital statistics and health policy, but such fail- 43 ure shall not constitute a criminal act. 44 (5) As used in this section: 45 (a) "Cause or perform an abortion" means to interrupt or terminate a 46 pregnancy by any surgical or nonsurgical procedure or to induce a miscar- 47 riage upon a minor known to be pregnant. 48 (b) "Emancipated" means any minor who has been married or is in active 49 military service. 50 (c) (i) "Medical emergency" means a sudden and unexpected physical con- 51 dition which, in the reasonable medical judgment of any ordinarily 52 prudent physician acting under the circumstances and conditions then 53 existing, is abnormal and so complicates the medical condition of the 54 pregnant minor as to necessitate the immediate causing or performing 55 of an abortion: 10 1 1. To prevent her death; or 2 2. Because a delay in causing or performing an abortion will 3 create serious risk of immediate, substantial and irreversible 4 impairment of a major physical bodily function of the patient. 5 (ii) The term "medical emergency" does not include: 6 1. Any physical condition that would be expected to occur in 7 normal pregnancies of women of similar age, physical condition 8 and gestation; or 9 2. Any condition that is predominantly psychological or psychi- 10 atric in nature. 11 (d) "Minor" means a woman less than eighteen (18) years of age. 12 (e) "Parent" means one (1) parent of the unemancipated minor, or a guard- 13 ian appointed pursuant to chapter 5, title 15, Idaho Code, if the minor 14 has one. 15 SECTION 6. That Section 18-611, Idaho Code, be, and the same is hereby 16 repealed. 17 SECTION 7. That Chapter 6, Title 18, Idaho Code, be, and the same is 18 hereby amended by the addition thereto of a NEW SECTION , to be 19 known and designated as Section 18-614, Idaho Code, and to read as follows: 20 18-614. IDENTIFICATION REQUIRED. (1) No person may cause or perform an 21 abortion otherwise permitted pursuant to Idaho law until the physician either 22 confirms the age of the woman by positive identification or secures legal con- 23 sent pursuant to section 18-609A, Idaho Code. A photocopy of such positive 24 identification or legal consent shall be kept in the physician's office file 25 for the woman. If due to medical emergency there is insufficient time for the 26 physician to confirm the woman's age by positive identification before per- 27 forming the abortion, the physician shall as soon as possible after performing 28 the abortion, confirm the age of the woman by positive identification and 29 retain a photocopy. 30 (2) "Positive identification" means a lawfully issued state, district, 31 territorial, possession, provincial, national or other equivalent government 32 driver's license, identification card or military card, bearing the person's 33 photograph and date of birth, or the person's valid passport, or certified 34 copy of the person's own birth certificate. 35 SECTION 8. That Chapter 6, Title 18, Idaho Code, be, and the same is 36 hereby amended by the addition thereto of a NEW SECTION , to be 37 known and designated as Section 18-615, Idaho Code, and to read as follows: 38 18-615. SEVERABILITY. If any one (1) or more provision, section, subsec- 39 tion, sentence, clause, phrase, or word of this chapter or the application 40 thereof to any person or circumstance is found to be unconstitutional, the 41 same is hereby declared to be severable and the balance of this chapter shall 42 remain effective notwithstanding such unconstitutionality. The legislature 43 hereby declares that it would have passed every section of this chapter and 44 each provision, section, subsection, sentence, clause, phrase or word thereof 45 irrespective of the fact that any one (1) or more provision, section, subsec- 46 tion, sentence, clause, phrase, or word be declared unconstitutional. 47 SECTION 9. That Chapter 3, Title 9, Idaho Code, be, and the same is 48 hereby amended by the addition thereto of a NEW SECTION , to be 49 known and designated as Section 9-340G, Idaho Code, and to read as follows: 11 1 9-340G. EXEMPTION FROM DISCLOSURE -- RECORDS OF COURT PROCEEDINGS REGARD- 2 ING JUDICIAL AUTHORIZATION OF ABORTION PROCEDURES FOR MINORS. In accordance 3 with section 18-609A, Idaho Code, the following records are exempt from public 4 disclosure: records contained in court files of judicial proceedings regarding 5 judicial authorization of a minor's consent to an abortion or the performance 6 of abortion procedures upon a minor who would otherwise have to obtain consent 7 for the procedure from a parent or guardian, in addition to records of any 8 judicial proceedings filed under section 18-609A(3), Idaho Code.
STATEMENT OF PURPOSE
RS 09206
Requires parental consent to perform an abortion upon a
minor.
FISCAL NOTE
This bill has no fiscal impact.
CONTACT: Senator Jerry Twiggs, 332-1300
Senator James Risch, 332-1303
STATEMENT OF PURPOSE/FISCAL NOTE S1277