Print Friendly HOUSE BILL NO. 196 – Abortion, informed consent
HOUSE BILL NO. 196
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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
]]]] 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
2 RELATING TO ABORTION; REPEALING SECTION 18-609, IDAHO CODE; AMENDING TITLE 18,
3 IDAHO CODE, BY THE ADDITION OF A NEW CHAPTER 5, TITLE 18, IDAHO CODE, TO
4 PROVIDE A SHORT TITLE, TO PROVIDE LEGISLATIVE FINDINGS AND PURPOSES, TO
5 DEFINE TERMS, TO PROVIDE AN INFORMED CONSENT REQUIREMENT, TO PROVIDE
6 DUTIES, TO PROVIDE NOTICE, TO PROVIDE PUBLICATION OF MATERIALS, TO PROVIDE
7 FOR MEDICAL EMERGENCIES, TO PROVIDE CRIMINAL PENALTIES, TO PROVIDE CIVIL
8 PENALTIES, TO PROVIDE REPORTING REQUIREMENTS, TO PROVIDE FOR CONSTRUCTION
9 OF THE ACT, TO PROVIDE FOR A RIGHT OF INTERVENTION BY MEMBERS OF THE LEG-
10 ISLATURE AND TO PROVIDE SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
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
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
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
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
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.
17 18-504. INFORMED CONSENT REQUIREMENT -- PHYSICIANS AND HOSPITALS NOT TO
18 INCUR CIVIL LIABILITY -- CONSENT TO ABORTION -- NOTICE. (1) Any physician may
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;
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
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
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
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
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
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
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-
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
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
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.
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
STATEMENT OF PURPOSE/FISCAL NOTE H 196