2004 Legislation
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SENATE BILL NO. 1321 – Abortion, informed consent

SENATE BILL NO. 1321

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S1321aa...............................................by HEALTH AND WELFARE
ABORTION - INFORMED CONSENT - Amends, adds to and repeals existing law to
revise the informed consent law for the performing of abortions.
                                                                        
02/16    Senate intro - 1st rdg - to printing
02/17    Rpt prt - to St Aff
03/01    Rpt out - to 14th Ord
03/08    Rpt out amen - to engros
03/09    Rpt engros - 1st rdg - to 2nd rdg as amen
03/10    2nd rdg - to 3rd rdg as amen
03/12    3rd rdg as amen - PASSED - 20-15-0
      AYES -- Bailey, Brandt, Bunderson, Burtenshaw, Cameron, Compton,
      Darrington, Davis, Gannon, Geddes, Goedde, Hill, Little, Lodge,
      McKenzie, McWilliams, Noble, Pearce, Richardson, Williams
      NAYS -- Andreason(Andreason), Burkett, Calabretta, Ingram, Kennedy,
      Keough, Malepeai, Marley, Noh, Schroeder, Sorensen, Stegner,
      Stennett, Sweet, Werk
      Absent and excused -- None
    Floor Sponsor -  Brandt
    Title apvd - to House
03/15    House intro - 1st rdg - to Health/Wel

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-seventh Legislature                 Second Regular Session - 2004
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1321
                                                                        
                              BY HEALTH AND WELFARE COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO ABORTION; AMENDING SECTION 18-604, IDAHO CODE, TO  REVISE  DEFINI-
  3        TIONS;  AMENDING  SECTION 18-605, IDAHO CODE, TO PROVIDE A CAUSE OF ACTION
  4        ARISING FROM STATUTE OR OTHERWISE TO ANY PERSON INJURED BY THE CAUSING  OR
  5        PERFORMING  OF  AN  ABORTION ON A PREGNANT PATIENT IN VIOLATION OF STATUTE
  6        AND TO PROVIDE DAMAGES; REPEALING SECTION  18-609,  IDAHO  CODE;  AMENDING
  7        CHAPTER  6, TITLE 18, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 18-609,
  8        IDAHO CODE, TO PROVIDE PROCEDURES WHEN ABORTIONS MAY BE PERFORMED  AND  TO
  9        PROVIDE FOR NOTICE; AND PROVIDING SEVERABILITY.
                                                                        
 10    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 11        SECTION  1.  That  Section  18-604, Idaho Code, be, and the same is hereby
 12    amended to read as follows:
                                                                        
 13        18-604.  DEFINITIONS. As used in this act:
 14        (1)  "Abortion" means the intentional termination of human  pregnancy  for
 15    purposes  other  than  delivery  of a viable birth to interrupt or terminate a
 16    pregnancy by any surgical or nonsurgical procedure or to induce a  miscarriage
 17    upon a patient known to be pregnant for purposes other than delivery of a live
 18    birth.
 19        (2)  "Department" means the Idaho department of health and welfare.
 20        (3)  "First trimester of pregnancy" means the first thirteen (13) weeks of
 21    a pregnancy.
 22        (34)  "Hospital"  means  an  acute  care,  general hospital in this state,
 23    licensed as provided in chapter 13, title 39, Idaho Code.
 24        (45)  "Informed consent" means a voluntary and knowing decision to undergo
 25    a specific procedure or treatment. To be voluntary, the decision must be  made
 26    freely  after  sufficient  time  for contemplation and without coercion by any
 27    person. To be knowing, the decision must be based on the physician's  accurate
 28    and  substantially  complete  explanation of each fact pertinent to making the
 29    decision. Facts pertinent to making the decision shall  include,  but  not  be
 30    limited to:
 31        (a)  A description of any proposed treatment or procedure;
 32        (b)  Any  reasonably  foreseeable  complications  and risks to the patient
 33        from such  procedure,  including  those  related  to  future  reproductive
 34        health; and
 35        (c)  The  manner in which such procedure and its foreseeable complications
 36        and risks compare with those of each readily available alternative to such
 37        procedure, including childbirth and adoption.
 38    The physician must provide the information in terms which can be understood by
 39    the person making the decision, with consideration of age, level  of  maturity
 40    and intellectual capability.
 41        (6)  "Medical  emergency"  means  any condition which, on the basis of the
 42    physician's good faith clinical judgment, so complicates the medical condition
 43    of a pregnant patient as to necessitate the immediate abortion  of  her  preg-
                                                                        
                                           2
                                                                        
  1    nancy to avert her death or for which a delay will create serious risk of sub-
  2    stantial and irreversible impairment of a major bodily function.
  3        (57)  "Physician" means a person licensed to practice medicine and surgery
  4    or  osteopathic  medicine and surgery in this state as provided in chapter 18,
  5    title 54, Idaho Code.
  6        (8)  "Probable gestational age of the unborn child"  means  what,  in  the
  7    judgment of the physician, will with reasonable probability be the gestational
  8    age of the unborn child at the time the abortion is planned to be performed.
  9        (69)  "Second  trimester  of  pregnancy" means that portion of a pregnancy
 10    following the thirteenth week and preceding the point in time when  the  fetus
 11    becomes  viable, and there is hereby created a legal presumption that the sec-
 12    ond trimester does not end before the commencement of the twenty-fifth week of
 13    pregnancy, upon which presumption any licensed physician may proceed  in  law-
 14    fully aborting a patient pursuant to section 18-608, Idaho Code, in which case
 15    the  same  shall  be conclusive and unrebuttable in all civil or criminal pro-
 16    ceedings.
 17        (10) "Stable internet website" means a website that, to the extent reason-
 18    ably practicable, is safeguarded from having its content altered other than by
 19    employees or contractors of the Idaho department of health and welfare  acting
 20    in their official capacities.
 21        (711) "Third  trimester  of  pregnancy"  means that portion of a pregnancy
 22    from and after the point in time when the fetus becomes viable.
 23        (812) Any reference to a viable fetus shall be construed to mean  a  fetus
 24    potentially  able  to  live  outside the mother's womb, albeit with artificial
 25    aid.
                                                                        
 26        SECTION 2.  That Section 18-605, Idaho Code, be, and the  same  is  hereby
 27    amended to read as follows:
                                                                        
 28        18-605.  UNLAWFUL ABORTIONS -- PROCUREMENT OF -- PENALTY. (1) Every person
 29    not  licensed or certified to provide health care in Idaho who, except as per-
 30    mitted by this chapter, provides, supplies or administers any  medicine,  drug
 31    or  substance  to  any  woman or uses or employs any instrument or other means
 32    whatever upon any then-pregnant woman patient with intent thereby to cause  or
 33    perform  an  abortion  shall  be  guilty of a felony and shall be fined not to
 34    exceed five thousand dollars ($5,000) and/or imprisoned in  the  state  prison
 35    for not less than two (2) and not more than five (5) years.
 36        (2)  Any  person  licensed or certified to provide health care pursuant to
 37    title 54, Idaho Code, and who, except as permitted by the provisions  of  this
 38    chapter,  provides, supplies or administers any medicine, drug or substance to
 39    any woman pregnant patient or uses or employs any instrument  or  other  means
 40    whatever  upon any then-pregnant woman patient with intent to cause or perform
 41    an abortion shall:
 42        (a)  For the first violation, be subject to professional discipline and be
 43        assessed a civil penalty of not less than one thousand  dollars  ($1,000),
 44        payable to the board granting such person's license or certification;
 45        (b)  For  the  second  violation,  have  their license or certification to
 46        practice suspended for a period of not less than six  (6)  months  and  be
 47        assessed  a  civil penalty of not less than two thousand five hundred dol-
 48        lars ($2,500), payable to the board granting such person's license or cer-
 49        tification; and
 50        (c)  For each subsequent violation, have their license or certification to
 51        practice revoked and be assessed a civil penalty of  not  less  than  five
 52        thousand  dollars  ($5,000),  payable  to the board granting such person's
 53        license or certification.
                                                                        
                                           3
                                                                        
  1        (3)  Any person who is licensed or certified to provide health care pursu-
  2    ant to title 54, Idaho Code, and who knowingly violates the provisions of this
  3    chapter is guilty of a felony punishable as set forth  in  subsection  (1)  of
  4    this  section,  separate  from and in addition to the administrative penalties
  5    set forth in subsection (2) of this section.
  6        (4)  In addition to any other cause of  action  arising  from  statute  or
  7    otherwise, any person injured by the causing or performing of an abortion on a
  8    pregnant patient in violation of any of the requirements of this chapter shall
  9    have  against  the  person who violated the provisions of this chapter a civil
 10    cause of action to recover from such person all damages sustained as a  result
 11    of  such  violation. Receipt and retention in the physician's file of the form
 12    signed by the pregnant patient as required by section 18-609(1)(b)(i)2.  shall
 13    constitute  prima facie evidence that the physician has complied with the pro-
 14    visions of section 18-609, Idaho Code.
                                                                        
 15        SECTION 3.  That Section 18-609, Idaho Code, be, and the  same  is  hereby
 16    repealed.
                                                                        
 17        SECTION  4.  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 known and  des-
 19    ignated as Section 18-609, Idaho Code, and to read as follows:
                                                                        
 20        18-609.  WHEN  ABORTIONS MAY BE PERFORMED -- NOTICE. (1) No abortion shall
 21    be performed unless:
 22        (a)  A medical emergency exists for the pregnant patient  so  urgent  that
 23        there  is  insufficient time for the physician to obtain the informed con-
 24        sent of the pregnant patient consistent with  subsection  (1)(b)  of  this
 25        section; or
 26        (b)  Prior to the abortion:
 27             (i)   The attending physician or the attending physician's agent:
 28                  1.  Confirms  or  verifies a positive pregnancy test and informs
 29                  the pregnant patient of a positive pregnancy test; and
 30                  2.  Receives from the pregnant patient, on a  form  provided  by
 31                  the  department,  verification,  signed by the pregnant patient,
 32                  that she received  the  materials  provided  by  the  department
 33                  either by:
 34                       (A)  Having  received  a  copy  of these written materials,
 35                       either from the physician who will  perform  the  abortion,
 36                       that physician's agent, or from any other source including,
 37                       but  not limited to, those listed in subsection (4) of this
 38                       section, at least twenty-four (24) hours before the causing
 39                       or performing of the abortion as evidenced by her signature
 40                       on the form provided as a part of said  written  materials;
 41                       or
 42                       (B)  Having accessed the materials on the website described
 43                       in  this  section  and having printed the form available at
 44                       the end of said website materials at least twenty-four (24)
 45                       hours before the causing or performing of the  abortion  as
 46                       evidenced by her signature on said form. The form available
 47                       for  printing  on  the  website  shall include an automatic
 48                       notation of the date and time it is printed.
 49                  3.  Has retained in his file, on a form provided by the  depart-
 50                  ment,  verification,  signed  by  the pregnant patient, that she
 51                  received a copy of these written materials at least  twenty-four
 52                  (24) hours before the causing or performing of the abortion;
                                                                        
                                           4
                                                                        
  1                  4.  Has received written informed consent for such abortion from
  2                  the pregnant patient; and
  3             (ii)  The  attending physician, a referring physician, or an agent of
  4             either physician has informed the pregnant patient, by  telephone  or
  5             in person, of the following:
  6                  1.  The name of the physician who will perform the abortion;
  7                  2.  A  description  of  the  medical procedure to be used in the
  8                  abortion;
  9                  3.  The particular medical risk associated with  the  particular
 10                  abortion  procedure  to  be  employed  including, when medically
 11                  accurate, the risk of infection, hemorrhage,  danger  to  subse-
 12                  quent pregnancies and infertility;
 13                  4.  The  medical risks, whether physical or psychological, asso-
 14                  ciated with the abortion;
 15                  5.  The medical risks associated  with  carrying  her  child  to
 16                  term;
 17                  6.  The probable gestational age of the unborn child at the time
 18                  the abortion is to be performed;
 19                  7.  A description of the services available to assist a pregnant
 20                  patient  through a pregnancy, at childbirth, and while the child
 21                  is dependent, including adoption services;
 22                  8.  A description of the physical characteristics  of  a  normal
 23                  fetus,  described  at two (2) week intervals, beginning with the
 24                  fourth week and ending with the twenty-fourth week  of  develop-
 25                  ment.  This  description  shall  include  information  about the
 26                  physiological and anatomical characteristics,  brain  and  heart
 27                  functions,  and  the  presence  of external members and internal
 28                  organs during the applicable stages of development;
 29                  9.  The pregnant patient shall be informed  that  the  materials
 30                  required  in  subsection  (4) of this section may be accessed on
 31                  the state sponsored internet website and  the  pregnant  patient
 32                  shall be provided with that website address.
 33        (c)  Within  thirty (30) days after performing any abortion, the attending
 34        physician, or the attending physician's agent, shall cause to be delivered
 35        to the director of the department of health and welfare, on  a  form  pro-
 36        vided  by the department, a report signed by the attending physician, pre-
 37        serving the pregnant patient's confidentiality, certifying that:
 38             (i)   A medical emergency existed for the pregnant patient which  was
 39             so  urgent  that there was insufficient time to provide the materials
 40             required by this section and providing the diagnosis  underlying  the
 41             medical condition resulting  in the medical emergency; or
 42             (ii)  The  physician  has retained in his file, on a form provided by
 43             the department, verification, signed by the  pregnant  patient,  that
 44             she received the materials provided by the department either by:
 45                  1.  Having  received  a copy of these written materials at least
 46                  twenty-four (24) hours before the causing or performing  of  the
 47                  abortion as evidenced by her signature on the form provided as a
 48                  part of the written materials; or
 49                  2.  Having  accessed  the  materials on the website described in
 50                  this section and having printed and signed the form available at
 51                  the end of said website  materials  at  least  twenty-four  (24)
 52                  hours before the causing or performing of the abortion. The form
 53                  available  for  printing  on the website shall include  an auto-
 54                  matic notation of the date and time it is printed.  The  depart-
 55                  ment  shall  track  both  the number of persons who log onto the
                                                                        
                                           5
                                                                        
  1                  website and the number of persons who print a confirmation form.
  2        (2)  The information required by this section may be provided by telephone
  3    without conducting a physical examination or tests of the pregnant patient, in
  4    which case the information required to be provided may be based on facts  sup-
  5    plied  by the pregnant patient and whatever relevant information is reasonably
  6    available to the physician, a referring physician, or an agent of either  phy-
  7    sician.  This  information  may  not  be provided by a tape recording or other
  8    electronic or video presentation, but must be provided during  a  consultation
  9    in which the physician, a referring physician, or an agent of either physician
 10    is  able  to ask questions of the pregnant patient and the pregnant patient is
 11    able to ask questions of the physician, a referring physician, or an agent  of
 12    either  physician.  If  a  physical  examination, tests or the availability of
 13    other information  subsequently indicates, in the medical judgment of the phy-
 14    sician, a referring physician, or an agent of either physician, a revision  of
 15    the  information  previously  supplied  to  the pregnant patient, that revised
 16    information shall be communicated to the pregnant patient at any time prior to
 17    the performance of the abortion.  Nothing in this section may be construed  to
 18    preclude  provision  of  required  information in a language understood by the
 19    pregnant patient through a translator.
 20        (3)  If the pregnant patient is for any reason unable to give a valid con-
 21    sent thereto, the requirement for that pregnant patient's consent shall be met
 22    as required by law for other medical  or  surgical  procedures  and  shall  be
 23    determined in consideration of the desires, interests and welfare of the preg-
 24    nant patient.
 25        (4)  In  order  to  provide  assistance in assuring that the consent to an
 26    abortion is truly informed consent, on and after October 1, 2004, the director
 27    of the department of health and  welfare  shall  publish  easily  comprehended
 28    printed  materials  to be made available to physicians as well as other easily
 29    accessible locations throughout the state, including, but not limited to, pub-
 30    lic health district offices and regional offices of the department  of  health
 31    and  welfare.  The department shall also make these materials available on the
 32    state website provided for in this section, printed in such a way as to ensure
 33    that the information is easily comprehensible  and shall contain  the  follow-
 34    ing:
 35        (a)  Geographically  indexed  materials  designed  to  inform the pregnant
 36        patient of public and private agencies and services available to assist  a
 37        pregnant  patient  through pregnancy, upon childbirth, and while the child
 38        is dependent, including adoption agencies, which shall include  a  compre-
 39        hensive list of the agencies available, a description of the services they
 40        offer,  and  a description of the manner, including telephone numbers,  in
 41        which they might be contacted or, at  the  option  of  the  department  of
 42        health  and  welfare,  printed materials including a toll-free twenty-four
 43        (24) hour a day telephone number which may be called  to  obtain,  orally,
 44        such  a list and description of agencies in the locality of the caller and
 45        of the services they offer;
 46        (b)  Materials designed to inform the pregnant  patient  of  the  probable
 47        anatomical  and  physiological  characteristics of the unborn child at two
 48        (2) week intervals beginning with the fourth  week  and  ending  with  the
 49        twenty-fourth  week  of  development. This shall include information about
 50        brain and heart functions, and the presence of external members and inter-
 51        nal organs during the  applicable  stages  of  development.  Any  relevant
 52        information on the possibility of the unborn child's survival and pictures
 53        or  drawings  representing  the  development of unborn children at two (2)
 54        week gestational increments shall be included, provided that any such pic-
 55        tures or drawings must contain the dimensions of the  fetus  and  must  be
                                                                        
                                           6
                                                                        
  1        realistic  and  appropriate for the stage of pregnancy depicted. The mate-
  2        rials shall be objective, nonjudgmental, and designed to convey only accu-
  3        rate  scientific  information  about  the  unborn  child  at  the  various
  4        gestational  ages.  The  material  shall  contain  objective   information
  5        describing the methods of abortion procedures commonly employed, the medi-
  6        cal risks commonly associated with each such procedure, the medical risks,
  7        whether  physical  or psychological, associated with abortion, and medical
  8        risks commonly associated with carrying a child to term;
  9        (c)  Information that the father of the unborn child is  liable to  assist
 10        in  the support of the pregnant patient's child even in instances in which
 11        the father of the unborn child has offered to pay for the abortion;
 12        (d)  A form, to be retained in the physician's file, upon which a pregnant
 13        patient shall verify, by signature, that she has received the materials at
 14        least twenty-four (24) hours before the abortion is caused  or  performed;
 15        and
 16        (e)  A  form  upon  which  a  physician, or the physician assistant, nurse
 17        practitioner, or nurse caused to be  delivered  to  the  director  of  the
 18        department  of  health and welfare a report signed by the attending physi-
 19        cian, preserving the pregnant  patient's confidentiality, certifying that:
 20             (i)   A copy of the written materials, provided  by  the  department,
 21             has  been  received by the pregnant patient at least twenty-four (24)
 22             hours prior to the performing of the abortion and that  the  pregnant
 23             patient has been made aware of the existence of the website described
 24             in this section; and
 25             (ii)  The form, signed by the pregnant patient and verifying that the
 26             pregnant  patient  has received the written materials provided by the
 27             department at least twenty-four (24) hours  before  the  abortion  is
 28             caused or performed, has been retained in the physician's file.
 29        (5)  On  and  after  October  1,  2004,  the director of the department of
 30    health and welfare shall develop and maintain a  stable  internet  website  to
 31    provide the information described in subsection (4) of this section. No infor-
 32    mation regarding the individual identity of persons who use the website  shall
 33    be  collected  or  maintained  by  the  internal  workings of the website. The
 34    department shall, however, track both the number of persons who log  onto  the
 35    website  and  the number of persons who print a confirmation form. The depart-
 36    ment of health and welfare shall monitor the website on a daily basis to  pre-
 37    vent and correct tampering.
 38        (6)  On  and  after  October  1,  2004,  the director of the department of
 39    health and welfare shall provide a form to be used in the  reporting  required
 40    by this section.
                                                                        
 41        SECTION  5.  SEVERABILITY.  The provisions of this act are hereby declared
 42    to be severable and if any provision of this act or the  application  of  such
 43    provision  to  any  person or circumstance is declared invalid for any reason,
 44    such declaration shall not affect the validity of the  remaining  portions  of
 45    this act.

Amendment


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-seventh Legislature                 Second Regular Session - 2004
                                                                        
                                                                        
                                                     Moved by    Brandt              
                                                                        
                                                     Seconded by Bunderson           
                                                                        
                                                                        
                                       IN THE SENATE
                             SENATE AMENDMENTS TO S.B. NO. 1321
                                                                        
  1                               AMENDMENTS TO SECTION 1
  2        On page 1 of the printed bill, delete lines 29 through 40 and insert:
  3    "decision. Facts pertinent to making the decision shall include,  but  not  be
  4    limited to:
  5        (a)  A description of any proposed treatment or procedure;
  6        (b)  Any  reasonably  foreseeable  complications  and risks to the patient
  7        from such  procedure,  including  those  related  to  future  reproductive
  8        health; and
  9        (c)  The  manner in which such procedure and its foreseeable complications
 10        and risks compare with those of each readily available alternative to such
 11        procedure, including childbirth and adoption;
 12        (d)  The pregnant patient's right not to have an abortion;
 13        (e)  The pregnant patient has been informed of  the  options  to  abortion
 14        available; and
 15        (f)  Confirmation that the pregnant patient has received the informed con-
 16        sent  materials provided by the department at least twenty-four (24) hours
 17        before the procedure is to be performed.
 18    The physician must provide the information in terms which can be understood by
 19    the person making the decision, with consideration of age, level  of  maturity
 20    and  intellectual  capability.";  delete  lines  41 through 43; and on page 2,
 21    delete lines 1 and 2 and insert:
 22        "(6)  (a) "Medical emergency" means a sudden and unexpected physical  con-
 23        dition which, in the reasonable medical judgment of any ordinarily prudent
 24        physician  acting under the circumstances and conditions then existing, is
 25        abnormal and so complicates the medical condition of the pregnant  patient
 26        as to necessitate the immediate causing or performing of an abortion:
 27             (i)   To prevent her death; or
 28             (ii)  Because  a delay in causing or performing an abortion will cre-
 29             ate serious risk of immediate, substantial and  irreversible  impair-
 30             ment of a major physical bodily function of the patient.
 31        (b)  The term "medical emergency" does not include:
 32             (i)   Any  physical condition that would be expected to occur in nor-
 33             mal pregnancies of women of similar age, physical condition and  ges-
 34             tation; or
 35             (ii)  Any  condition that is predominantly psychological or psychiat-
 36             ric in nature.".
                                                                        
 37                               AMENDMENTS TO SECTION 2
 38        On page 3, in line 7,  delete  "any  person"  and  insert:  "the  pregnant
 39    patient  or  immediate  family  member";  and  in  line 12, delete "(i)2." and
 40    insert: ", Idaho Code,".
                                                                        
 41                               AMENDMENTS TO SECTION 4
 42        On page 3, in line 37, delete "(4)" and insert: "(3)"; in line 48, follow-
                                                                        
                                          2
                                                                        
  1    ing "printed." insert: "If compliance with this provision is obtained  by  the
  2    pregnant  patient's  accessing  of  materials on the website, the physician is
  3    required to provide the pregnant patient with a printed copy of  the  informa-
  4    tion provided by the department prior to the performing of an abortion.".
  5        On  page  4,  in line 30, delete "(4)" and insert: "(3)", and also in line
  6    30, following "be" insert: "obtained from any public health district office or
  7    regional office of the department of health and  welfare  or";  and  following
  8    line 32, insert:
  9             "(iii) The physician must provide the information required in section
 10             18-604(5), Idaho Code, during a face-to-face meeting with the patient
 11             prior to the abortion. This face-to-face consultation with the physi-
 12             cian  shall  not  occur  until  after  the  requirements  of  section
 13             18-609(1)(b)(i)1.,  Idaho Code, have been met. All physicians who use
 14             ultrasound equipment in the performance of an abortion  shall  inform
 15             the  patient  that  she has the right to view the ultrasound image of
 16             the fetus before an abortion is performed.".
 17        On page 5, delete lines 2 through 19; in line 20, delete "(3)" and insert:
 18    "(2)"; in line 25, delete "(4)" and insert: "(3)"; and delete lines 41 through
 19    45 and insert: "which they might be contacted;".
 20        On page 6, following line 11, insert:
 21        "(d)  Information on the availability of medical assistance  benefits  for
 22        prenatal care, childbirth and neonatal care;
 23        (e)  A  statement conveying that it is unlawful for any person to coerce a
 24        woman to undergo an abortion;
 25        (f)  A statement conveying that the state of Idaho prefers childbirth over
 26        abortion;";
 27    in line 12, delete "(d)" and insert: "(g)"; delete lines 16 and 17 and insert:
 28        "(h)  A form upon which a physician or the physician's agent caused to  be
 29        delivered to the director of the";
 30    following line 28, insert:
 31        "(4)  Every  facility  in  which abortions are performed shall immediately
 32    provide the printed informed consent materials.";
 33    in line 31, delete "(4)" and insert: "(3)"; and following line 40, insert:
 34        "(7)  The department shall annually review the material to ensure that  it
 35    contains  any  new medical research pertinent to a pregnant patient's decision
 36    on abortion and to ensure that the information about private and public  agen-
 37    cies is accurate and helpful.
 38        (8)  The  department  shall  compile  and report the following information
 39    annually, preserving physician and patient confidentiality:
 40        (a)  The total amount of informed consent material required in  this  sec-
 41        tion that was distributed;
 42        (b)  The  number  of  women  who  obtained abortions in this state without
 43        receiving those materials;
 44        (c)  Any other information pertaining to protecting the  informed  consent
 45        of women seeking abortions.
 46        (9)  The  department  shall annually report to the health and welfare com-
 47    mittees of the senate and the house of representatives of the  legislature  of
 48    the state of Idaho, as well as the attorney general, regarding the information
 49    required  in  subsection (7) of this section and provide a copy of the printed
 50    materials to those committees.
 51        (10) The department shall refer to the attorney general for further inves-
 52    tigation cases of suspected violations of the provisions of this chapter.".
                                                                        
 53                                AMENDMENT TO THE BILL
 54        On page 6, delete lines 41 through 45 and insert:
                                                                        
                                          3
                                                                        
  1        "SECTION 5.  That Chapter 6, Title 18, Idaho Code, be,  and  the  same  is
  2    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
  3    ignated as Section 18-613A, Idaho Code, and to read as follows:
                                                                        
  4        18-613A.  ATTORNEY GENERAL MAY ACT AS PROSECUTOR.  Upon  referral  by  the
  5    department  of  health  and  welfare, the office of the attorney general shall
  6    undertake any reasonable enforcement actions.  The attorney general shall,  in
  7    every  county  in  the state, have the same powers as the prosecuting attorney
  8    thereof with respect to the investigation and prosecution of criminal  actions
  9    under this chapter.
                                                                        
 10        SECTION  6.  SEVERABILITY.  The provisions of this act are hereby declared
 11    to be severable and if any provision of this act or the  application  of  such
 12    provision  to  any  person or circumstance is declared invalid for any reason,
 13    such declaration shall not affect the validity of the  remaining  portions  of
 14    this act.".
                                                                        
 15                                 CORRECTION TO TITLE
 16        On  page  1,  in  line  4,  delete  "ANY PERSON" and insert: "THE PREGNANT
 17    PATIENT OR IMMEDIATE FAMILY MEMBER"; delete line 9 and  insert:  "PROVIDE  FOR
 18    NOTICE;  AMENDING  CHAPTER  6,  TITLE 18, IDAHO CODE, BY THE ADDITION OF A NEW
 19    SECTION 18-613A, IDAHO CODE, TO PROVIDE CIRCUMSTANCES WHEN THE  ATTORNEY  GEN-
 20    ERAL MAY ACT AS  PROSECUTOR; AND PROVIDING SEVERABILITY.".

Engrossed Bill (Original Bill with Amendment(s) Incorporated)


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-seventh Legislature                 Second Regular Session - 2004
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                              SENATE BILL NO. 1321, As Amended
                                                                        
                              BY HEALTH AND WELFARE COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO ABORTION; AMENDING SECTION 18-604, IDAHO CODE, TO  REVISE  DEFINI-
  3        TIONS;  AMENDING  SECTION 18-605, IDAHO CODE, TO PROVIDE A CAUSE OF ACTION
  4        ARISING FROM STATUTE OR OTHERWISE TO THE  PREGNANT  PATIENT  OR  IMMEDIATE
  5        FAMILY  MEMBER  INJURED  BY  THE CAUSING OR PERFORMING OF AN ABORTION ON A
  6        PREGNANT PATIENT IN VIOLATION OF STATUTE AND TO PROVIDE DAMAGES; REPEALING
  7        SECTION 18-609, IDAHO CODE; AMENDING CHAPTER 6, TITLE 18, IDAHO  CODE,  BY
  8        THE  ADDITION  OF  A NEW SECTION 18-609, IDAHO CODE, TO PROVIDE PROCEDURES
  9        WHEN ABORTIONS MAY BE PERFORMED AND TO PROVIDE FOR NOTICE; AMENDING  CHAP-
 10        TER  6,  TITLE  18,  IDAHO CODE, BY THE ADDITION OF A NEW SECTION 18-613A,
 11        IDAHO CODE, TO PROVIDE CIRCUMSTANCES WHEN THE ATTORNEY GENERAL MAY ACT  AS
 12        PROSECUTOR; AND PROVIDING SEVERABILITY.
                                                                        
 13    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 14        SECTION  1.  That  Section  18-604, Idaho Code, be, and the same is hereby
 15    amended to read as follows:
                                                                        
 16        18-604.  DEFINITIONS. As used in this act:
 17        (1)  "Abortion" means the intentional termination of human  pregnancy  for
 18    purposes  other  than  delivery  of a viable birth to interrupt or terminate a
 19    pregnancy by any surgical or nonsurgical procedure or to induce a  miscarriage
 20    upon a patient known to be pregnant for purposes other than delivery of a live
 21    birth.
 22        (2)  "Department" means the Idaho department of health and welfare.
 23        (3)  "First trimester of pregnancy" means the first thirteen (13) weeks of
 24    a pregnancy.
 25        (34)  "Hospital"  means  an  acute  care,  general hospital in this state,
 26    licensed as provided in chapter 13, title 39, Idaho Code.
 27        (45)  "Informed consent" means a voluntary and knowing decision to undergo
 28    a specific procedure or treatment. To be voluntary, the decision must be  made
 29    freely  after  sufficient  time  for contemplation and without coercion by any
 30    person. To be knowing, the decision must be based on the physician's  accurate
 31    and  substantially  complete  explanation of each fact pertinent to making the
 32    decision. Facts pertinent to making the decision shall  include,  but  not  be
 33    limited to:
 34        (a)  A description of any proposed treatment or procedure;
 35        (b)  Any  reasonably  foreseeable  complications  and risks to the patient
 36        from such  procedure,  including  those  related  to  future  reproductive
 37        health; and
 38        (c)  The  manner in which such procedure and its foreseeable complications
 39        and risks compare with those of each readily available alternative to such
 40        procedure, including childbirth and adoption;
 41        (d)  The pregnant patient's right not to have an abortion;
 42        (e)  The pregnant patient has been informed of  the  options  to  abortion
 43        available; and
                                                                        
                                           2
                                                                        
  1        (f)  Confirmation that the pregnant patient has received the informed con-
  2        sent  materials provided by the department at least twenty-four (24) hours
  3        before the procedure is to be performed.
  4    The physician must provide the information in terms which can be understood by
  5    the person making the decision, with consideration of age, level  of  maturity
  6    and intellectual capability.
  7        (6)  (a) "Medical emergency" means a sudden and unexpected physical condi-
  8        tion  which,  in the reasonable medical judgment of any ordinarily prudent
  9        physician acting under the circumstances and conditions then existing,  is
 10        abnormal  and so complicates the medical condition of the pregnant patient
 11        as to necessitate the immediate causing or performing of an abortion:
 12             (i)   To prevent her death; or
 13             (ii)  Because a delay in causing or performing an abortion will  cre-
 14             ate  serious  risk of immediate, substantial and irreversible impair-
 15             ment of a major physical bodily function of the patient.
 16        (b)  The term "medical emergency" does not include:
 17             (i)   Any physical condition that would be expected to occur in  nor-
 18             mal  pregnancies of women of similar age, physical condition and ges-
 19             tation; or
 20             (ii)  Any condition that is predominantly psychological or  psychiat-
 21             ric in nature.
 22        (57)  "Physician" means a person licensed to practice medicine and surgery
 23    or  osteopathic  medicine and surgery in this state as provided in chapter 18,
 24    title 54, Idaho Code.
 25        (8)  "Probable gestational age of the unborn child"  means  what,  in  the
 26    judgment of the physician, will with reasonable probability be the gestational
 27    age of the unborn child at the time the abortion is planned to be performed.
 28        (69)  "Second  trimester  of  pregnancy" means that portion of a pregnancy
 29    following the thirteenth week and preceding the point in time when  the  fetus
 30    becomes  viable, and there is hereby created a legal presumption that the sec-
 31    ond trimester does not end before the commencement of the twenty-fifth week of
 32    pregnancy, upon which presumption any licensed physician may proceed  in  law-
 33    fully aborting a patient pursuant to section 18-608, Idaho Code, in which case
 34    the  same  shall  be conclusive and unrebuttable in all civil or criminal pro-
 35    ceedings.
 36        (10) "Stable internet website" means a website that, to the extent reason-
 37    ably practicable, is safeguarded from having its content altered other than by
 38    employees or contractors of the Idaho department of health and welfare  acting
 39    in their official capacities.
 40        (711) "Third  trimester  of  pregnancy"  means that portion of a pregnancy
 41    from and after the point in time when the fetus becomes viable.
 42        (812) Any reference to a viable fetus shall be construed to mean  a  fetus
 43    potentially  able  to  live  outside the mother's womb, albeit with artificial
 44    aid.
                                                                        
 45        SECTION 2.  That Section 18-605, Idaho Code, be, and the  same  is  hereby
 46    amended to read as follows:
                                                                        
 47        18-605.  UNLAWFUL ABORTIONS -- PROCUREMENT OF -- PENALTY. (1) Every person
 48    not  licensed or certified to provide health care in Idaho who, except as per-
 49    mitted by this chapter, provides, supplies or administers any  medicine,  drug
 50    or  substance  to  any  woman or uses or employs any instrument or other means
 51    whatever upon any then-pregnant woman patient with intent thereby to cause  or
 52    perform  an  abortion  shall  be  guilty of a felony and shall be fined not to
 53    exceed five thousand dollars ($5,000) and/or imprisoned in  the  state  prison
                                                                        
                                           3
                                                                        
  1    for not less than two (2) and not more than five (5) years.
  2        (2)  Any  person  licensed or certified to provide health care pursuant to
  3    title 54, Idaho Code, and who, except as permitted by the provisions  of  this
  4    chapter,  provides, supplies or administers any medicine, drug or substance to
  5    any woman pregnant patient or uses or employs any instrument  or  other  means
  6    whatever  upon any then-pregnant woman patient with intent to cause or perform
  7    an abortion shall:
  8        (a)  For the first violation, be subject to professional discipline and be
  9        assessed a civil penalty of not less than one thousand  dollars  ($1,000),
 10        payable to the board granting such person's license or certification;
 11        (b)  For  the  second  violation,  have  their license or certification to
 12        practice suspended for a period of not less than six  (6)  months  and  be
 13        assessed  a  civil penalty of not less than two thousand five hundred dol-
 14        lars ($2,500), payable to the board granting such person's license or cer-
 15        tification; and
 16        (c)  For each subsequent violation, have their license or certification to
 17        practice revoked and be assessed a civil penalty of  not  less  than  five
 18        thousand  dollars  ($5,000),  payable  to the board granting such person's
 19        license or certification.
 20        (3)  Any person who is licensed or certified to provide health care pursu-
 21    ant to title 54, Idaho Code, and who knowingly violates the provisions of this
 22    chapter is guilty of a felony punishable as set forth  in  subsection  (1)  of
 23    this  section,  separate  from and in addition to the administrative penalties
 24    set forth in subsection (2) of this section.
 25        (4)  In addition to any other cause of  action  arising  from  statute  or
 26    otherwise,  the  pregnant  patient  or  immediate family member injured by the
 27    causing or performing of an abortion on a pregnant patient in violation of any
 28    of the requirements of this chapter shall have against the person who violated
 29    the provisions of this chapter a civil cause of action to  recover  from  such
 30    person all damages sustained as a result of such violation. Receipt and reten-
 31    tion  in  the  physician's  file of the form signed by the pregnant patient as
 32    required by section 18-609(1)(b), Idaho Code,  shall  constitute  prima  facie
 33    evidence  that  the  physician  has  complied  with  the provisions of section
 34    18-609, Idaho Code.
                                                                        
 35        SECTION 3.  That Section 18-609, Idaho Code, be, and the  same  is  hereby
 36    repealed.
                                                                        
 37        SECTION  4.  That  Chapter   6,  Title 18, Idaho Code, be, and the same is
 38    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
 39    ignated as Section 18-609, Idaho Code, and to read as follows:
                                                                        
 40        18-609.  WHEN  ABORTIONS MAY BE PERFORMED -- NOTICE. (1) No abortion shall
 41    be performed unless:
 42        (a)  A medical emergency exists for the pregnant patient  so  urgent  that
 43        there  is  insufficient time for the physician to obtain the informed con-
 44        sent of the pregnant patient consistent with  subsection  (1)(b)  of  this
 45        section; or
 46        (b)  Prior to the abortion:
 47             (i)   The attending physician or the attending physician's agent:
 48                  1.  Confirms  or  verifies a positive pregnancy test and informs
 49                  the pregnant patient of a positive pregnancy test; and
 50                  2.  Receives from the pregnant patient, on a  form  provided  by
 51                  the  department,  verification,  signed by the pregnant patient,
 52                  that she received  the  materials  provided  by  the  department
                                                                        
                                           4
                                                                        
  1                  either by:
  2                       (A)  Having  received  a  copy  of these written materials,
  3                       either from the physician who will  perform  the  abortion,
  4                       that physician's agent, or from any other source including,
  5                       but  not limited to, those listed in subsection (3) of this
  6                       section, at least twenty-four (24) hours before the causing
  7                       or performing of the abortion as evidenced by her signature
  8                       on the form provided as a part of said  written  materials;
  9                       or
 10                       (B)  Having accessed the materials on the website described
 11                       in  this  section  and having printed the form available at
 12                       the end of said website materials at least twenty-four (24)
 13                       hours before the causing or performing of the  abortion  as
 14                       evidenced by her signature on said form. The form available
 15                       for  printing  on  the  website  shall include an automatic
 16                       notation of the date and time it is printed. If  compliance
 17                       with  this  provision is obtained by the pregnant patient's
 18                       accessing of materials on the  website,  the  physician  is
 19                       required  to  provide  the  pregnant patient with a printed
 20                       copy of the information provided by the department prior to
 21                       the performing of an abortion.
 22                  3.  Has retained in his file, on a form provided by the  depart-
 23                  ment,  verification,  signed  by  the pregnant patient, that she
 24                  received a copy of these written materials at least  twenty-four
 25                  (24) hours before the causing or performing of the abortion;
 26                  4.  Has received written informed consent for such abortion from
 27                  the pregnant patient; and
 28             (ii)  The  attending physician, a referring physician, or an agent of
 29             either physician has informed the pregnant patient, by  telephone  or
 30             in person, of the following:
 31                  1.  The name of the physician who will perform the abortion;
 32                  2.  A  description  of  the  medical procedure to be used in the
 33                  abortion;
 34                  3.  The particular medical risk associated with  the  particular
 35                  abortion  procedure  to  be  employed  including, when medically
 36                  accurate, the risk of infection, hemorrhage,  danger  to  subse-
 37                  quent pregnancies and infertility;
 38                  4.  The  medical risks, whether physical or psychological, asso-
 39                  ciated with the abortion;
 40                  5.  The medical risks associated  with  carrying  her  child  to
 41                  term;
 42                  6.  The probable gestational age of the unborn child at the time
 43                  the abortion is to be performed;
 44                  7.  A description of the services available to assist a pregnant
 45                  patient  through a pregnancy, at childbirth, and while the child
 46                  is dependent, including adoption services;
 47                  8.  A description of the physical characteristics  of  a  normal
 48                  fetus,  described  at two (2) week intervals, beginning with the
 49                  fourth week and ending with the twenty-fourth week  of  develop-
 50                  ment.  This  description  shall  include  information  about the
 51                  physiological and anatomical characteristics,  brain  and  heart
 52                  functions,  and  the  presence  of external members and internal
 53                  organs during the applicable stages of development;
 54                  9.  The pregnant patient shall be informed  that  the  materials
 55                  required  in subsection (3) of this section may be obtained from
                                                                        
                                           5
                                                                        
  1                  any public health district office  or  regional  office  of  the
  2                  department  of health and welfare or accessed on the state spon-
  3                  sored internet website and the pregnant patient  shall  be  pro-
  4                  vided with that website address.
  5             (iii) The  physician must provide the information required in section
  6             18-604(5), Idaho Code, during a face-to-face meeting with the patient
  7             prior to the abortion. This face-to-face consultation with the physi-
  8             cian  shall  not  occur  until  after  the  requirements  of  section
  9             18-609(1)(b)(i)1., Idaho Code, have been met. All physicians who  use
 10             ultrasound  equipment  in the performance of an abortion shall inform
 11             the patient that she has the right to view the  ultrasound  image  of
 12             the fetus before an abortion is performed.
 13        (c)  Within  thirty (30) days after performing any abortion, the attending
 14        physician, or the attending physician's agent, shall cause to be delivered
 15        to the director of the department of health and welfare, on  a  form  pro-
 16        vided  by the department, a report signed by the attending physician, pre-
 17        serving the pregnant patient's confidentiality, certifying that:
 18             (i)   A medical emergency existed for the pregnant patient which  was
 19             so  urgent  that there was insufficient time to provide the materials
 20             required by this section and providing the diagnosis  underlying  the
 21             medical condition resulting  in the medical emergency; or
 22             (ii)  The  physician  has retained in his file, on a form provided by
 23             the department, verification, signed by the  pregnant  patient,  that
 24             she received the materials provided by the department either by:
 25                  1.  Having  received  a copy of these written materials at least
 26                  twenty-four (24) hours before the causing or performing  of  the
 27                  abortion as evidenced by her signature on the form provided as a
 28                  part of the written materials; or
 29                  2.  Having  accessed  the  materials on the website described in
 30                  this section and having printed and signed the form available at
 31                  the end of said website  materials  at  least  twenty-four  (24)
 32                  hours before the causing or performing of the abortion. The form
 33                  available  for  printing  on the website shall include  an auto-
 34                  matic notation of the date and time it is printed.  The  depart-
 35                  ment  shall  track  both  the number of persons who log onto the
 36                  website and the number of persons who print a confirmation form.
 37        (2)  If the pregnant patient is for any reason unable to give a valid con-
 38    sent thereto, the requirement for that pregnant patient's consent shall be met
 39    as required by law for other medical  or  surgical  procedures  and  shall  be
 40    determined in consideration of the desires, interests and welfare of the preg-
 41    nant patient.
 42        (3)  In  order  to  provide  assistance in assuring that the consent to an
 43    abortion is truly informed consent, on and after October 1, 2004, the director
 44    of the department of health and  welfare  shall  publish  easily  comprehended
 45    printed  materials  to be made available to physicians as well as other easily
 46    accessible locations throughout the state, including, but not limited to, pub-
 47    lic health district offices and regional offices of the department  of  health
 48    and  welfare.  The department shall also make these materials available on the
 49    state website provided for in this section, printed in such a way as to ensure
 50    that the information is easily comprehensible  and shall contain  the  follow-
 51    ing:
 52        (a)  Geographically  indexed  materials  designed  to  inform the pregnant
 53        patient of public and private agencies and services available to assist  a
 54        pregnant  patient  through pregnancy, upon childbirth, and while the child
 55        is dependent, including adoption agencies, which shall include  a  compre-
                                                                        
                                           6
                                                                        
  1        hensive list of the agencies available, a description of the services they
  2        offer,  and  a  description of the manner, including telephone numbers, in
  3        which they might be contacted;
  4        (b)  Materials designed to inform the pregnant  patient  of  the  probable
  5        anatomical  and  physiological  characteristics of the unborn child at two
  6        (2) week intervals beginning with the fourth  week  and  ending  with  the
  7        twenty-fourth  week  of  development. This shall include information about
  8        brain and heart functions, and the presence of external members and inter-
  9        nal organs during the  applicable  stages  of  development.  Any  relevant
 10        information on the possibility of the unborn child's survival and pictures
 11        or  drawings  representing  the  development of unborn children at two (2)
 12        week gestational increments shall be included, provided that any such pic-
 13        tures or drawings must contain the dimensions of the  fetus  and  must  be
 14        realistic  and  appropriate for the stage of pregnancy depicted. The mate-
 15        rials shall be objective, nonjudgmental, and designed to convey only accu-
 16        rate  scientific  information  about  the  unborn  child  at  the  various
 17        gestational  ages.  The  material  shall  contain  objective   information
 18        describing the methods of abortion procedures commonly employed, the medi-
 19        cal risks commonly associated with each such procedure, the medical risks,
 20        whether  physical  or psychological, associated with abortion, and medical
 21        risks commonly associated with carrying a child to term;
 22        (c)  Information that the father of the unborn child is  liable to  assist
 23        in  the support of the pregnant patient's child even in instances in which
 24        the father of the unborn child has offered to pay for the abortion;
 25        (d)  Information on the availability of medical  assistance  benefits  for
 26        prenatal care, childbirth and neonatal care;
 27        (e)  A  statement conveying that it is unlawful for any person to coerce a
 28        woman to undergo an abortion;
 29        (f)  A statement conveying that the state of Idaho prefers childbirth over
 30        abortion;
 31        (g)  A form, to be retained in the physician's file, upon which a pregnant
 32        patient shall verify, by signature, that she has received the materials at
 33        least twenty-four (24) hours before the abortion is caused  or  performed;
 34        and
 35        (h)  A  form  upon which a physician or the physician's agent caused to be
 36        delivered to the director of the department of health and welfare a report
 37        signed by the attending physician, preserving the pregnant  patient's con-
 38        fidentiality, certifying that:
 39             (i)   A copy of the written materials, provided  by  the  department,
 40             has  been  received by the pregnant patient at least twenty-four (24)
 41             hours prior to the performing of the abortion and that  the  pregnant
 42             patient has been made aware of the existence of the website described
 43             in this section; and
 44             (ii)  The form, signed by the pregnant patient and verifying that the
 45             pregnant  patient  has received the written materials provided by the
 46             department at least twenty-four (24) hours  before  the  abortion  is
 47             caused or performed, has been retained in the physician's file.
 48        (4)  Every  facility  in  which  abortions are performed shall immediately
 49    provide the printed informed consent materials.
 50        (5)  On and after October 1, 2004,  the  director  of  the  department  of
 51    health  and  welfare  shall  develop and maintain a stable internet website to
 52    provide the information described in subsection (3) of this section. No infor-
 53    mation regarding the individual identity of persons who use the website  shall
 54    be collected or maintained by  the  internal  workings  of  the  website.  The
 55    department  shall,  however, track both the number of persons who log onto the
                                                                        
                                           7
                                                                        
  1    website and the number of persons who print a confirmation form.  The  depart-
  2    ment  of health and welfare shall monitor the website on a daily basis to pre-
  3    vent and correct tampering.
  4        (6)  On and after October 1, 2004,  the  director  of  the  department  of
  5    health  and  welfare shall provide a form to be used in the reporting required
  6    by this section.
  7        (7)  The department shall annually review the material to ensure  that  it
  8    contains  any  new medical research pertinent to a pregnant patient's decision
  9    on abortion and to ensure that the information about private and public  agen-
 10    cies is accurate and helpful.
 11        (8)  The  department  shall  compile  and report the following information
 12    annually, preserving physician and patient confidentiality:
 13        (a)  The total amount of informed consent material required in  this  sec-
 14        tion that was distributed;
 15        (b)  The  number  of  women  who  obtained abortions in this state without
 16        receiving those materials;
 17        (c)  Any other information pertaining to protecting the  informed  consent
 18        of women seeking abortions.
 19        (9)  The  department  shall annually report to the health and welfare com-
 20    mittees of the senate and the house of representatives of the  legislature  of
 21    the state of Idaho, as well as the attorney general, regarding the information
 22    required  in  subsection (7) of this section and provide a copy of the printed
 23    materials to those committees.
 24        (10) The department shall refer to the attorney general for further inves-
 25    tigation cases of suspected violations of the provisions of this chapter.
                                                                        
 26        SECTION 5.  That Chapter 6, Title 18, Idaho Code,  be,  and  the  same  is
 27    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
 28    ignated as Section 18-613A, Idaho Code, and to read as follows:
                                                                        
 29        18-613A.  ATTORNEY GENERAL MAY ACT AS PROSECUTOR.  Upon  referral  by  the
 30    department  of  health  and  welfare, the office of the attorney general shall
 31    undertake any reasonable enforcement actions.  The attorney general shall,  in
 32    every  county  in  the state, have the same powers as the prosecuting attorney
 33    thereof with respect to the investigation and prosecution of criminal  actions
 34    under this chapter.
                                                                        
 35        SECTION  6.  SEVERABILITY.  The provisions of this act are hereby declared
 36    to be severable and if any provision of this act or the  application  of  such
 37    provision  to  any  person or circumstance is declared invalid for any reason,
 38    such declaration shall not affect the validity of the  remaining  portions  of
 39    this act.

Statement of Purpose / Fiscal Impact


                      STATEMENT OF PURPOSE
                            RS 14103
                                
                   2004 Woman's Right To Know

The purpose of this legislation is to help ensure that a woman
receives information about fetal development, and the possible
effects of an abortion on her health. To provide procedures when
abortions may be performed and to provide for certain information
to be made available to anyone seeking an abortion.



                         FISCAL IMPACT

The Department of Health & Welfare is currently in the process of
updating the printed information that is required by existing
law. The only additional expense to this legislation is the cost
to design a web site, which is estimated to be approximately
$25,000.00. Also, there may be a copyright fee to publish certain
photographs on the internet. This cost is estimated to
be approximately $7000.00.


Contact

Name:     Representative Janice McGeachin         332-1000
          Senator Skip Brandt                     332-1000
          Cornerstone Institute of Idaho          863-7804
          Right To Life Of Idaho                  962-3279



STATEMENT OF PURPOSE/FISCAL NOTE                      S 1321