2005 Legislation
Print Friendly

HOUSE BILL NO. 196 – Abortion, informed consent


View Bill Status

View Bill Text

View Statement of Purpose / Fiscal Impact

Text to be added within a bill has been marked with Bold and
Underline. Text to be removed has been marked with
Strikethrough and Italic. How these codes are actually displayed will
vary based on the browser software you are using.

This sentence is marked with bold and underline to show added text.

This sentence is marked with strikethrough and italic, indicating
text to be removed.

Bill Status

H0196..........................................................by EDUCATION
ABORTION - Adds to and repeals existing law to recodify and revise the
informed consent provisions of the state's law regulating abortion.
02/11    House intro - 1st rdg - to printing
02/14    Rpt prt - to St Aff

Bill Text

  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   First Regular Session - 2005
                              IN THE HOUSE OF REPRESENTATIVES
                                     HOUSE BILL NO. 196
                                   BY EDUCATION COMMITTEE
  1                                        AN ACT
 11    Be It Enacted by the Legislature of the State of Idaho:
 12        SECTION 1.  That Section 18-609, Idaho Code, be, and the  same  is  hereby
 13    repealed.
 14        SECTION  2.  That Title 18, Idaho Code, be, and the same is hereby amended
 15    by the addition thereto of a NEW CHAPTER, to be known and designated as  Chap-
 16    ter 5, Title 18, Idaho Code, and to read as follows:
 17                                      CHAPTER 5
 18                            WOMEN'S HEALTH INFORMATION ACT
 19        18-501.  TITLE.  This  act  may  be known and cited as the "Women's Health
 20    Information Act," and is intended to hereby amend and replace section  18-609,
 21    Idaho Code, in effect until July 1, 2005.
 22        18-502.  LEGISLATIVE FINDINGS AND PURPOSES. (1)  The  legislature  of  the
 23    state of  Idaho finds that:
 24        (a)  It  is  essential  to  the psychological and physical well-being of a
 25        woman considering an abortion  that  she  receive  complete  and  accurate
 26        information on her alternatives.
 27        (b)  The  knowledgeable exercise of a woman's decision to have an abortion
 28        depends on the extent to which the woman receives  sufficient  information
 29        to  make  an informed choice between two (2) alternatives: giving birth or
 30        having an abortion.
 31        (c)  Most women and girls who seek abortions do not have any  relationship
 32        with  the  physician who performs the abortion, before or after the proce-
 33        dure. They do not return to the facility for postsurgical  care.  In  most
 34        instances,  the  woman's  only  actual  contact  with the physician occurs
 35        simultaneously with the abortion procedure,  with  little  opportunity  to
 36        receive counseling concerning her decision.
 37        (d)  The  decision  to  abort "is an important, and often a stressful one,
 38        and it is desirable and imperative that it be made with full knowledge  of
 39        its nature and consequences." Planned Parenthood v. Danforth, 428 U.S. 52,
 40        67 (1976).
  1        (e)  "The  medical,  emotional, and psychological consequences of an abor-
  2        tion are serious and can be lasting. . . ." H.L.  v.  Matheson,  450  U.S.
  3        398, 411 (1981).
  4        (f)  Abortion facilities or providers offer only limited and/or impersonal
  5        counseling opportunities.
  6        (g)  Many  abortion  facilities  or providers hire untrained and unprofes-
  7        sional "counselors" whose primary goal is to sell abortion services.
  8        (2)  Based on the findings in subsection (1) of this section,  it  is  the
  9    purpose of this chapter to:
 10        (a)  Ensure  that  every  woman  considering  an abortion receive complete
 11        information on her alternatives and that  every  woman  submitting  to  an
 12        abortion do so only after giving her voluntary and informed consent to the
 13        abortion procedure;
 14        (b)  Protect unborn children from a woman's uninformed decision to have an
 15        abortion;
 16        (c)  Reduce "the risk that a woman may elect an abortion, only to discover
 17        later,  with devastating psychological consequences, that her decision was
 18        not fully informed." Planned  Parenthood  v.  Casey,  505  U.S.  833,  882
 19        (1992); and
 20        (d)  Adopt  the  construction  of the term "medical emergency" accepted by
 21        the U.S. supreme court in  Planned  Parenthood  v.  Casey,  505  U.S.  833
 22        (1992).
 23        18-503.  DEFINITIONS. For purposes of this chapter only:
 24        (1)  "Abortion" means the act of using or prescribing any instrument, med-
 25    icine, drug, or any other substance, device or means with the intent to termi-
 26    nate  the  clinically diagnosable pregnancy of a woman with knowledge that the
 27    termination by those means will, with reasonable likelihood, cause  the  death
 28    of  the  unborn  child.  Such use, prescription or means is not an abortion if
 29    done with the intent to:
 30        (a)  Save the life or preserve the health of an unborn child;
 31        (b)  Remove a dead unborn child caused by spontaneous abortion; or
 32        (c)  Remove an ectopic pregnancy.
 33        (2)  "Complication" means that condition which includes, but is  not  lim-
 34    ited  to,  hemorrhage,  infection,  uterine  perforation, cervical laceration,
 35    pelvic inflammatory disease, endometritis, and retained products. The  depart-
 36    ment may further define "complication."
 37        (3)  "Conception"  means  the  fusion of a human spermatozoon with a human
 38    ovum.
 39        (4)  "Department" means the department of health and welfare of the  state
 40    of Idaho.
 41        (5)  "Facility"  or  "medical facility" means any public or private hospi-
 42    tal, clinic, center, medical school, medical training institution, health care
 43    facility,  physician's  office,  infirmary,  dispensary,  ambulatory  surgical
 44    treatment center or other institution or location wherein medical care is pro-
 45    vided to any person.
 46        (6)  "First trimester" means the first twelve (12)  weeks of gestation.
 47        (7)  "Gestational age" means the time that has elapsed since the first day
 48    of the woman's last menstrual period.
 49        (8)  "Hospital" means an institution licensed pursuant to  the  provisions
 50    of the law of this state.
 51        (9)  "Medical  emergency"  means that condition which, on the basis of the
 52    physician's good faith clinical judgment, so complicates the medical condition
 53    of a pregnant woman as to necessitate the immediate termination of  her  preg-
 54    nancy to avert her death or for which a delay will create serious risk of sub-
  1    stantial and irreversible impairment of a major bodily function.
  2        (10) "Physician"  means  any  person licensed to practice medicine in this
  3    state. The term includes medical doctors and doctors of osteopathy.
  4        (11) "Pregnant" or "pregnancy" means that female reproductive condition of
  5    having an unborn child in the woman's uterus.
  6        (12) "Qualified person" means an agent of the physician who is a psycholo-
  7    gist, licensed social  worker,  licensed  professional  counselor,  registered
  8    nurse or physician.
  9        (13) "Unborn  child"  means  the offspring of human beings from conception
 10    until birth.
 11        (14) "Viability" means the state of fetal development when, in  the  judg-
 12    ment  of the physician based on the particular facts of the case before him or
 13    her and in light of the  most  advanced  medical  technology  and  information
 14    available  to  him  or her, there is a reasonable likelihood of sustained sur-
 15    vival of the unborn child outside the body of his or her mother, with or with-
 16    out artificial support.
 19    perform an abortion not prohibited by this chapter and any hospital  or  other
 20    facility  described  in section 18-608, Idaho Code, may provide facilities for
 21    such procedures without, in the absence of negligence, incurring civil liabil-
 22    ity therefor to any person including, but not limited to, the pregnant patient
 23    and the prospective father of the fetus to have been born in  the  absence  of
 24    abortion,  if  informed  consent  for such abortion has been duly given by the
 25    pregnant patient.
 26        (2)  No abortion shall be performed or induced without the  voluntary  and
 27    informed  consent  of  the  woman upon whom the abortion is to be performed or
 28    induced. Except in the case of a medical emergency, consent to an abortion  is
 29    voluntary and informed if and only if:
 30        (a)  At  least  twenty-four  (24) hours before the abortion, the physician
 31        who is to perform the abortion or the referring physician has informed the
 32        woman, orally and in person, of the following:
 33             (i)   The name of the physician who will perform the abortion;
 34             (ii)  Medically accurate information that a reasonable patient  would
 35             consider  material  to  the decision of whether or not to undergo the
 36             abortion including:
 37                  1.  A description of the proposed abortion method;
 38                  2.  The immediate and long-term medical  risks  associated  with
 39                  the  proposed abortion method including, but not limited to, the
 40                  risks of infection, hemorrhage, cervical or uterine perforation,
 41                  danger to subsequent pregnancies, and increased risk  of  breast
 42                  cancer; and
 43                  3.  Alternatives to the abortion;
 44             (iii) The  probable  gestational  age of the unborn child at the time
 45             the abortion is to be performed;
 46             (iv)  The probable anatomical and  physiological  characteristics  of
 47             the unborn child at the time the abortion is to be performed;
 48             (v)   The  medical  risks associated with carrying the child to term;
 49             and
 50             (vi)  Any need for anti-Rh immune globulin  therapy  if  she  is  Rh-
 51             negative,  the  likely consequences of refusing such therapy, and the
 52             cost of the therapy.
 53        (b)  At least twenty-four (24) hours before the  abortion,  the  physician
 54        who  is  to  perform the abortion, the referring physician, or a qualified
  1        person has informed the woman, orally and in person, that:
  2             (i)   Medical assistance benefits may be available for prenatal care,
  3             childbirth, and neonatal care, and that more detailed information  on
  4             the availability of such assistance is contained in the printed mate-
  5             rials  and  informational video given to her and described in section
  6             18-505, Idaho Code;
  7             (ii)  The  printed  materials  and  informational  video  in  section
  8             18-505, Idaho Code, describe the unborn child and list agencies  that
  9             offer alternatives to abortion;
 10             (iii) The  father of the unborn child is liable to assist in the sup-
 11             port of the child, even in instances where he has offered to pay  for
 12             the  abortion. In the case of rape or incest, this information may be
 13             omitted;
 14             (iv)  She is free to withhold or withdraw her consent to the abortion
 15             at any time without affecting her right to future care  or  treatment
 16             and  without  the  loss  of any state or federally funded benefits to
 17             which she might otherwise be entitled.
 18        (c)  The information in paragraphs (a) and (b) of this subsection is  pro-
 19        vided  to the woman individually and in a private room to protect her pri-
 20        vacy and maintain the confidentiality of her decision, to ensure that  the
 21        information  focuses  on  her individual circumstances and that she has an
 22        adequate opportunity to ask questions.
 23        (d) At least twenty-four (24) hours before  the  abortion,  the  woman  is
 24        given  a copy of the printed materials and a viewing of, or a copy of, the
 25        informational video described in section 18-505, Idaho Code. If the  woman
 26        is  unable  to read the materials, they shall be read to her. If the woman
 27        asks questions concerning any of the  information  or  materials,  answers
 28        shall be provided to her in a language she can understand.
 29        (e)  Prior  to the abortion, the woman certifies in writing on a checklist
 30        form provided or approved by the department that the information  required
 31        to  be  provided  under paragraphs (a), (b) and (d) of this subsection has
 32        been provided. All physicians who perform abortions shall report the total
 33        number of certifications received monthly to the department.  The  depart-
 34        ment  shall  make  the  number of certifications received available to the
 35        public on an annual basis.
 36        (3)  In addition, the department shall annually report to the  health  and
 37    welfare committees of both houses of the legislature regarding the information
 38    it  receives pursuant to paragraph (e) of this subsection, and shall provide a
 39    copy of the printed materials and the video produced in accordance  with  this
 40    chapter.
 41        (4)  Except  in  the  case of a medical emergency, the physician who is to
 42    perform the abortion shall receive and sign a copy of the  written  certifica-
 43    tion  prescribed  in subsection (2)(e) of this section prior to performing the
 44    abortion. The physician shall retain a copy  of  the  checklist  certification
 45    form in the woman's medical record.
 46        (5)  In  the  event of a medical emergency requiring an immediate termina-
 47    tion of pregnancy, the physician who performed the abortion shall clearly cer-
 48    tify in writing the nature of the  medical  emergency  and  the  circumstances
 49    which  necessitated  the  waiving of the informed consent requirements of this
 50    section. This certification shall be signed by the physician who performed the
 51    emergency abortion, and shall be permanently filed in the records of the  phy-
 52    sician  performing  the abortion, the patient's permanent medical file and the
 53    records of the facility where the abortion takes place.
 54        (6)  A physician shall not require or obtain payment for  a  service  pro-
 55    vided to a patient who has inquired about an abortion or scheduled an abortion
  1    until  the  expiration of the twenty-four (24) hour reflection period required
  2    in subsection (2)(a), (b) and (d) of this section.
  3        18-505.  PUBLICATION OF MATERIALS. The Idaho department of health and wel-
  4    fare shall cause to be published printed materials and an informational  video
  5    in English and Spanish within one hundred twenty (120) days after this chapter
  6    becomes  law.  On  an annual basis, the department shall review and update, if
  7    necessary, the following easily comprehensible printed materials and  informa-
  8    tional video:
  9        (1)  Geographically  indexed materials that inform the woman of public and
 10    private agencies and services available to assist a woman  through  pregnancy,
 11    upon  childbirth  and  while her child is dependent including, but not limited
 12    to, adoption agencies. The materials shall include a comprehensive list of the
 13    agencies, a description of the services they offer, and the telephone  numbers
 14    and addresses of the agencies, and shall inform the woman about available med-
 15    ical assistance benefits for prenatal care, childbirth, and neonatal care. The
 16    department  shall ensure that the materials described in this section are com-
 17    prehensive and do not directly or indirectly promote, exclude,  or  discourage
 18    the  use  of  any  agency  or service described in this section. The materials
 19    shall also contain a toll-free twenty-four (24) hour per day telephone  number
 20    which  may  be called to obtain information about the agencies in the locality
 21    of the caller and of the services they offer. The materials shall  state  that
 22    it is unlawful for any individual to coerce a woman to undergo an abortion, as
 23    provided  in section 18-610, Idaho Code,  and that if a minor is denied finan-
 24    cial support by the minor's parents, guardian, or custodian due to the minor's
 25    refusal to have an abortion performed, the minor shall be  deemed  emancipated
 26    for  the  purposes  of eligibility for public-assistance benefits, except that
 27    such benefits may not be used to obtain an abortion. The materials shall  also
 28    state  that  any  physician  who performs an abortion upon a woman without her
 29    informed consent may be liable to her for damages in a civil action at law and
 30    that the law permits adoptive parents to pay costs of  prenatal  care,  child-
 31    birth, and neonatal care. The materials shall include the following statement:
 32    "There  are  many  public and private agencies willing and able to help you to
 33    carry your child to term, and to assist you and your child after your child is
 34    born, whether you choose to keep your child or to place her or him  for  adop-
 35    tion.  The  state  of  Idaho  strongly urges you to contact one (1) or more of
 36    these agencies before making a final decision about abortion. The law requires
 37    that your physician or his agent give you the  opportunity  to  call  agencies
 38    like  these before you undergo an abortion. In addition, it is the public pol-
 39    icy of the state of Idaho to prefer childbirth over abortion. Section  18-601,
 40    Idaho Code."
 41        (2)  Materials  that include information on the support obligations of the
 42    father of a child who is  born  alive  including,  but  not  limited  to,  the
 43    father's legal duty to support his child, which may include child support pay-
 44    ments  and health insurance, and the fact that paternity may be established by
 45    the father's signature on a birth certificate or statement of paternity, or by
 46    court action. The printed material shall also state that more information con-
 47    cerning paternity establishment and child support services and enforcement may
 48    be obtained by calling state or county public assistance agencies.
 49        (3)  Materials that inform the pregnant woman of the  probable  anatomical
 50    and  physiological  characteristics  of  the  unborn  child  at  two  (2) week
 51    gestational increments from fertilization to full term, including color photo-
 52    graphs of the developing unborn child at two (2) week gestational  increments.
 53    The descriptions shall include information about brain and heart function, the
 54    presence  of external members and internal organs during the applicable stages
  1    of development and any relevant information on the possibility of  the  unborn
  2    child's survival. If a photograph is not available, a picture must contain the
  3    dimensions  of  the unborn child and must be realistic. The materials shall be
  4    helpful, nonjudgmental, and designed to convey only accurate scientific infor-
  5    mation about the unborn child at the various gestational ages.
  6        (4)  Materials which contain objective information describing the  various
  7    surgical  and  drug  induced methods of abortion, as well as the immediate and
  8    long-term medical risks commonly associated with each abortion method  includ-
  9    ing,  but  not  limited  to,  the  risks of infection, hemorrhage, cervical or
 10    uterine perforation or rupture, danger to  subsequent  pregnancies,  increased
 11    risk  of  breast cancer, the possible adverse psychological effects associated
 12    with an abortion, and the medical risks associated with carrying  a  child  to
 13    term.
 14        (5)  A checklist certification form to be used by the physician or a qual-
 15    ified  person  under section 18-504(2)(e), Idaho Code, which will list all the
 16    items of information which are to be given to the woman by a physician or  the
 17    agent under this chapter.
 18        (6)  The  materials  shall  be  printed  in  a typeface large enough to be
 19    clearly legible.
 20        (7)  The department shall produce a standardized  videotape  that  may  be
 21    used  statewide, presenting the information described in subsections (1), (2),
 22    (3) and (4) of this section in accordance with the requirements of subsections
 23    (1), (2), (3) and (4) of this section. In preparing the video, the  department
 24    may  summarize  and  make  reference  to  the  printed  comprehensive  list of
 25    geographically indexed names and services described in subsection (1) of  this
 26    section. The videotape shall, in addition to the information described in sub-
 27    sections  (1),  (2),  (3)  and  (4) of this section, show an ultrasound of the
 28    heartbeat of an unborn child at four (4) to five (5) weeks gestational age, at
 29    six (6) to eight (8) weeks gestational age, and each month  thereafter,  until
 30    viability.  That information shall be presented in a sensitive manner designed
 31    to convey only accurate scientific information.
 32        (8)  The materials required under this section and the videotape described
 33    in subsection (7) of this section shall be  available  at  no  cost  from  the
 34    department  upon  request, and in an appropriate number, to any person, facil-
 35    ity, or hospital.
 36        18-506.  EMERGENCIES. When a medical emergency compels the performance  of
 37    an abortion, the physician shall inform the woman, before the abortion if pos-
 38    sible,  of the medical indications supporting the physician's judgment that an
 39    immediate abortion is necessary to avert her death or that a twenty-four  (24)
 40    hour  delay  will  cause  substantial  and  irreversible impairment of a major
 41    bodily function.
 42        18-507.  CRIMINAL PENALTIES. Any person who intentionally,  knowingly,  or
 43    recklessly  violates  this  chapter is guilty of a felony and subject to fines
 44    not to exceed five thousand dollars ($5,000).
 45        18-508.  CIVIL PENALTIES. In addition to whatever remedies  are  available
 46    under  the  common  or statutory law of this state, failure to comply with the
 47    requirements of this chapter shall:
 48        (1)  Provide a basis for  a  civil  malpractice  action.  Any  intentional
 49    violation  of  this chapter shall be admissible in a civil suit as prima facie
 50    evidence of a failure to obtain informed consent. When  requested,  the  court
 51    shall  allow  a  woman to proceed using solely her initials or a pseudonym and
 52    may close any proceedings in the case and enter  other  protective  orders  to
  1    preserve the privacy of the woman upon whom the abortion was performed.
  2        (2)  Provide  a  basis  for professional disciplinary action under chapter
  3    18, title 54, Idaho Code.
  4        (3)  Provide a basis for recovery for the woman for the wrongful death  of
  5    her unborn child, whether or not the unborn child was born alive or was viable
  6    at the time the abortion was performed.
  7        18-509.  REPORTING.  (1)  For  the purpose of promotion of maternal health
  8    and life by adding to the sum of medical and public health  knowledge  through
  9    the  compilation of relevant data, and to promote the state's interest in pro-
 10    tection of the unborn child, a report of each abortion performed shall be made
 11    to the department on forms prescribed by it. The reports shall be completed by
 12    the hospital or other licensed facility in which the abortion occurred, signed
 13    by the physician who performed the abortion, and transmitted to the department
 14    within fifteen (15) days after each reporting month. The  report  forms  shall
 15    not  identify  the  individual patient by name and shall include the following
 16    information:
 17        (a)  Identification of the physician who performed the  abortion  and  the
 18        facility where the abortion was performed and identification of the refer-
 19        ring  physician,  agency or service, if any. Notwithstanding any provision
 20        of law to the contrary, the department shall ensure that  the  identifica-
 21        tion  of  any physician or other health care provider reporting under this
 22        section shall not be released or otherwise made available to  the  general
 23        public;
 24        (b)  The county and state in which the woman resides;
 25        (c)  The woman's age;
 26        (d)  The number of prior pregnancies and prior abortions of the woman;
 27        (e)  The probable gestational age of the unborn child;
 28        (f)  The  type  of  procedure  performed or prescribed and the date of the
 29        abortion;
 30        (g)  Preexisting medical condition of the  woman  which  would  complicate
 31        pregnancy,  if  any,  and,  if known, medical complications which resulted
 32        from the abortion;
 33        (h)  The length and weight of the aborted child for any abortion performed
 34        pursuant to a medical emergency as defined in section 18-506, Idaho Code;
 35        (i)  Basis for any medical judgment that a medical emergency existed which
 36        excused the physician from compliance with any provision of this chapter.
 37        (2)  (a) When there is an abortion performed during the first trimester of
 38        pregnancy, the tissue that is removed shall be subjected  to  a  gross  or
 39        microscopic examination, as needed, by the physician or a qualified person
 40        designated  by  the  physician to determine if a pregnancy existed and was
 41        terminated. If the examination indicates no fetal remains,  that  informa-
 42        tion  shall  immediately  be  made  known to the physician and sent to the
 43        department within fifteen (15) days of the analysis.
 44        (b)  When there is an abortion performed  after  the  first  trimester  of
 45        pregnancy,  the physician must certify whether or not the child is viable,
 46        and the dead unborn child and all tissue removed at the time of the  abor-
 47        tion  shall be submitted for tissue analysis to a board-eligible or board-
 48        certified pathologist. If the report reveals evidence of viability or live
 49        birth, the pathologist shall report such findings to the department within
 50        fifteen (15) days, and a copy of the report shall also be sent to the phy-
 51        sician performing the abortion. The department shall prescribe a  form  on
 52        which  pathologists  may  report any evidence of live birth, viability, or
 53        absence of pregnancy.
 54        (c)  In the event that a physician learns that no fetal tissue is  identi-
  1        fied,  the  physician shall communicate that information in writing to the
  2        patient within fifteen (15) days.
  3        (3)  Every facility in which an abortion is performed  within  this  state
  4    during  any  quarter  year shall file with the department a report showing the
  5    total number of abortions performed within the hospital or other facility dur-
  6    ing that quarter year. This  report  shall  also  show  the  total  number  of
  7    abortions performed in each trimester of pregnancy.
  8        (4)  On  and  after July 1, 2005, and following public notice, the depart-
  9    ment shall require that all reports of maternal deaths  occurring  within  the
 10    state  arising  from  pregnancy, childbirth, or intentional abortion state the
 11    cause of death, the duration of the woman's pregnancy, when her death occurred
 12    and whether or not the woman was under the care  of  a  physician  during  her
 13    pregnancy  prior  to her death. The department shall issue any necessary rules
 14    to assure that information is reported, and conduct its own investigation,  if
 15    necessary, to ascertain such data.
 16        Known  incidents  of  maternal mortality of nonresident women arising from
 17    induced abortions performed in this state shall be included in the  report  as
 18    incidents  of  maternal mortality arising from induced abortions. Incidents of
 19    maternal mortality arising from continued pregnancy or childbirth  and  occur-
 20    ring after an induced abortion has been attempted but not completed, including
 21    deaths  occurring  after  an  induced abortion has been attempted but not com-
 22    pleted as a result of ectopic pregnancy, shall be  included  as  incidents  of
 23    maternal mortality arising from induced abortions.
 24        (5)  Every  physician who is called upon to provide medical care or treat-
 25    ment to a woman who is in need of medical care because of  a  complication  or
 26    complications  resulting,  in  the  good faith judgment of the physician, from
 27    having undergone an abortion or attempted abortion, shall  prepare  a  report.
 28    The  report  must  be filed with the department within thirty (30) days of the
 29    date of the physician's first examination of the woman. The report shall be on
 30    forms prescribed by the department. The  forms  shall  contain  the  following
 31    information,  as  received, and such other information, except the name of the
 32    patient, as the department may from time to time require:
 33        (a)  Age of patient;
 34        (b)  Number of pregnancies patient may have had prior to the abortion;
 35        (c)  Number and type of abortions patient may have had prior to this abor-
 36        tion;
 37        (d)  Name and address of the facility where the abortion was performed;
 38        (e)  Gestational age of the unborn child at the time of the  abortion,  if
 39        known;
 40        (f)  Type of abortion performed, if known;
 41        (g)  Nature of complication or complications;
 42        (h)  Medical treatment given;
 43        (i)  The nature and extent, if known, of any permanent condition caused by
 44        the complication.
 45        (6)  Reports filed pursuant to subsection (1) or (5) of this section shall
 46    not  be  deemed public records and shall remain confidential, except that dis-
 47    closure may be made to law enforcement officials upon  an  order  of  a  court
 48    after  application  showing  good cause. The court may condition disclosure of
 49    the information upon any appropriate safeguards it may impose.
 50        (7)  The department  shall  prepare  a  comprehensive  annual  statistical
 51    report  for  the  legislature  based upon the data gathered from reports under
 52    subsections (1) and (5) of this section. The statistical report shall not lead
 53    to the disclosure of the identity of any physician or person filing  a  report
 54    under  subsection  (1) or (5) of this section, nor of any patient about whom a
 55    report is filed. The statistical report shall be available for public  inspec-
  1    tion and copying.
  2        (8)  Original  copies  of all reports filed under subsections (1), (3) and
  3    (5) of this section shall be available to the state board of medicine for  use
  4    in the performance of its official duties.
  5        (9)  Any  person,  organization, or facility who willfully violates any of
  6    the provisions of this section requiring reporting shall, upon conviction:
  7        (a)  For the first time, have its license suspended for a  period  of  six
  8        (6) months;
  9        (b)  For  the  second time, have its license suspended for a period of one
 10        (1) year;
 11        (c)  For the third time, have its license revoked.
 12        (10) The department shall create the forms required by this chapter within
 13    sixty (60) days after the effective date of this chapter and shall cause to be
 14    published, within one hundred twenty (120) days after the  effective  date  of
 15    this chapter, the printed and video materials described in this chapter.
 16        No  provision  of  this  chapter requiring the reporting of information on
 17    forms published by the department, or requiring the  distribution  of  printed
 18    materials  published  by  the  department  pursuant  to this chapter, shall be
 19    applicable until ten (10) days after the requisite forms are first created and
 20    printed materials are first published by the department or until the effective
 21    date of this chapter, whichever is later.
 22        18-510.  CONSTRUCTION. (1) Nothing in this chapter shall be  construed  as
 23    creating or recognizing a right to abortion.
 24        (2)  It  is  not the intention of this law to make lawful an abortion that
 25    is currently unlawful.
 26        18-511.  RIGHT OF INTERVENTION. The Idaho legislature, by concurrent reso-
 27    lution, may appoint one (1) or more of its members, who sponsored  or  cospon-
 28    sored  this  chapter in his or her official capacity, to intervene as a matter
 29    of right in any case in which the constitutionality of this law is challenged.
 30        18-512.  SEVERABILITY. The provisions of this chapter are declared  to  be
 31    severable,  and  if  any provision, word, phrase, or clause of this chapter or
 32    the application thereof to any person shall be held invalid,  such  invalidity
 33    shall not affect the validity of the remaining portions of this chapter.
 34        SECTION  3.  This  act shall be in full force and effect on and after July
 35    1, 2005.

Statement of Purpose / Fiscal Impact

                       STATEMENT OF PURPOSE

                             RS 14944

The Women's Health Information Act is essential to the
psychological and physical well-being of a woman considering an
abortion that she receive complete and accurate information on
her alternatives. This act does allow for "medical emergencies." 

It is the purpose of this act to ensure that every woman
considering an abortion receive complete information and that
every woman submitting to an abortion do so only after giving her
voluntary and informed consent to the abortion procedure.

                           FISCAL NOTE

Most of the reporting is already done. It is estimated that
publication costs could be between $10,000 and $20,000 to the

Name:  Rep. Rydalch, House of Representatives 
Phone: 332-1000

STATEMENT OF PURPOSE/FISCAL NOTE                     H 196