2006 Legislation
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SENATE BILL NO. 1482 – Abortion, informed consent

SENATE BILL NO. 1482

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S1482aa....................................................by STATE AFFAIRS
ABORTION - Amends existing law relating to informed consent for abortion to
revise definitions; to revise procedures; to provide for discipline; and to
provide for a civil penalty.
                                                                        
03/27    Senate intro - 1st rdg - to printing
03/28    Rpt prt - to St Aff
03/31    Rpt out - to 14th Ord
04/03    Rpt out amen - to engros
    Rpt engros - 1st rdg - to 2nd rdg as amen
04/04    2nd rdg - to 3rd rdg as amen
    Rls susp - PASSED - 30-5-0
      AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett,
      Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis,
      Fulcher, Gannon, Geddes, Goedde, Hill, Jorgenson, Keough, Little,
      Lodge, Malepeai, Marley, McGee, McKenzie, Pearce, Richardson,
      Stegner, Sweet, Williams
      NAYS -- Kelly, Langhorst, Schroeder, Stennett, Werk
      Absent and excused -- None
    Floor Sponsor - Bunderson
    Title apvd - to House
04/05    House intro - 1st rdg - to Health/Wel
04/06    Rpt out - rec d/p - to 2nd rdg
04/07    2nd rdg - to 3rd rdg - Rules susp
04/10    PASSED - 50-14-6
      AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer, Bell,
      Bilbao, Black, Block, Bolz, Brackett, Bradford, Chadderdon, Collins,
      Crow, Deal, Denney, Edmunson, Ellsworth, Eskridge, Field(18),
      Field(23), Garrett, Hart, Harwood, Henderson, Kemp, Lake, Loertscher,
      Mathews, McGeachin, McKague, Moyle, Nielsen, Nonini, Raybould, Ring,
      Roberts, Rydalch, Sali, Schaefer, Shepherd(8), Shirley, Smylie,
      Snodgrass, Stevenson, Wills, Wood, Mr. Speaker
      NAYS -- Boe, Henbest, Jaquet, LeFavour, Martinez, Miller,
      Pasley-Stuart, Pence, Ringo, Rusche, Sayler, Shepherd(2), Skippen,
      Smith(30)
      Absent and excused -- Bedke, Cannon, Clark, Mitchell, Smith(24),
      Trail
    Floor Sponsor - McGeachin
    Title apvd - to Senate
04/10    To enrol - Rpt enrol - Pres signed - Sp signed
04/11    To Governor
04/12    Governor signed
         Session Law Chapter 438
         Effective: 07/01/06

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1482
                                                                        
                                 BY STATE AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO ABORTIONS; AMENDING SECTION 18-604, IDAHO CODE, TO REVISE  DEFINI-
  3        TIONS  AND  TO DEFINE ADDITIONAL TERMS; REPEALING  SECTION 2, CHAPTER 393,
  4        LAWS OF 2005, RELATING TO  DEFINITIONS;  AMENDING  SECTION  18-609,  IDAHO
  5        CODE, TO REVISE PROCEDURES, TO PROVIDE FOR DISCIPLINE AND TO PROVIDE FOR A
  6        CIVIL PENALTY; AND PROVIDING SEVERABILITY.
                                                                        
  7    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  8        SECTION  1.  That  Section  18-604, Idaho Code, be, and the same is hereby
  9    amended to read as follows:
                                                                        
 10        18-604.  DEFINITIONS. As used in this act:
 11        (1)  "Abortion" means the intentional termination of human  pregnancy  for
 12    purposes  other than delivery of a viable birth use of any means to intention-
 13    ally  terminate the clinically diagnosable pregnancy of a woman with knowledge
 14    that the termination by those means will, with  reasonable  likelihood,  cause
 15    the  death  of the unborn child except that, for the purposes of this chapter,
 16    abortions shall not mean the use of an intrauterine device  or  birth  control
 17    pill  to inhibit or prevent ovulations, fertilization or the implantation of a
 18    fertilized ovum within the uterus.
 19        (2)  "Department" means the Idaho department of health and welfare.
 20        (3)  "Emancipated" means any minor who has been married or  is  in  active
 21    military service.
 22        (4)  "Fetus" and "unborn child." Each term means an individual organism of
 23    the species homo sapiens from fertilization until live birth.
 24        (5)  "First trimester of pregnancy" means the first thirteen (13) weeks of
 25    a pregnancy.
 26        (36)  "Hospital"  means  an  acute  care,  general hospital in this state,
 27    licensed as provided in chapter 13, title 39, Idaho Code.
 28        (47)  "Informed consent" means a voluntary and knowing decision to undergo
 29    a specific procedure or treatment. To be voluntary, the decision must be  made
 30    freely  after  sufficient  time  for contemplation and without coercion by any
 31    person. To be knowing, the decision must be based on the physician's  accurate
 32    and  substantially  complete  explanation of each fact pertinent to making the
 33    decision. Facts pertinent to making the decision shall  include,  but  not  be
 34    limited to:
 35        (a)  A description of any proposed treatment or procedure;
 36        (b)  Any  reasonably  foreseeable  complications  and risks to the patient
 37        from such  procedure,  including  those  related  to  future  reproductive
 38        health; and
 39        (c)  The  manner in which such procedure and its foreseeable complications
 40        and risks compare with those of each readily available alternative to such
 41        procedure, including childbirth and adoption; and
 42        (d)  An objective, nonjudgmental and scientifically  accurate  description
 43        of the probable anatomical and physiological characteristics of the unborn
                                                                        
                                           2
                                                                        
  1        child.
  2    The physician must provide the information in terms which can be understood by
  3    the  person  making the decision, with consideration of age, level of maturity
  4    and intellectual capability.
  5        (8)  "Medical emergency" means a condition which,  on  the  basis  of  the
  6    physician's good faith clinical judgment, so complicates the medical condition
  7    of  a pregnant woman as to necessitate the immediate abortion of her pregnancy
  8    to avert her death or for which a delay will create serious risk  of  substan-
  9    tial and irreversible impairment of a major bodily function.
 10        (9)  "Minor" means a woman less than eighteen (18) years of age.
 11        (10) "Pregnant"  and  "pregnancy."  Each  term shall mean the reproductive
 12    condition of having a developing fetus in the body and commences with  fertil-
 13    ization.
 14        (511) "Physician" means a person licensed to practice medicine and surgery
 15    or  osteopathic  medicine and surgery in this state as provided in chapter 18,
 16    title 54, Idaho Code.
 17        (612) "Second trimester of pregnancy" means that portion  of  a  pregnancy
 18    following  the  thirteenth week and preceding the point in time when the fetus
 19    becomes viable, and there is hereby created a legal presumption that the  sec-
 20    ond trimester does not end before the commencement of the twenty-fifth week of
 21    pregnancy,  upon  which presumption any licensed physician may proceed in law-
 22    fully aborting a patient pursuant to section 18-608, Idaho Code, in which case
 23    the same shall be conclusive and unrebuttable in all civil  or  criminal  pro-
 24    ceedings.
 25        (713) "Third  trimester  of  pregnancy"  means that portion of a pregnancy
 26    from and after the point in time when the fetus becomes viable.
 27        (814) Any reference to a viable fetus shall be construed to mean  a  fetus
 28    potentially  able  to  live  outside the mother's womb, albeit with artificial
 29    aid.
                                                                        
 30        SECTION 2.  That  Section 2, Chapter 393, Laws of 2005, be, and  the  same
 31    is hereby repealed.
                                                                        
 32        SECTION  3.  That  Section  18-609, Idaho Code, be, and the same is hereby
 33    amended to read as follows:
                                                                        
 34        18-609.  PHYSICIANS AND HOSPITALS NOT TO INCUR CIVIL LIABILITY --  CONSENT
 35    TO  ABORTION  -- NOTICE. (1) Any physician may perform an abortion not prohib-
 36    ited by this act and any hospital  or  other  facility  described  in  section
 37    18-608, Idaho Code, may provide facilities for such procedures without, in the
 38    absence  of  negligence,  incurring  civil  liability  therefor  to any person
 39    including, but not limited to, the pregnant patient and the prospective father
 40    of the fetus to have been born in the absence of abortion, if informed consent
 41    for such abortion has been duly given by the pregnant patient.
 42        (2)  In order to provide assistance in assuring that  the  consent  to  an
 43    abortion  is  truly informed consent, the director of the department of health
 44    and welfare shall publish, after consultation with interested parties,  easily
 45    comprehended, nonmisleading and medically accurate printed material to be made
 46    available at the no expense of  the to physicians, hospitals or other facility
 47    facilities  providing  the  abortion and abortion-related  services, and which
 48    shall contain the following:
 49        (a)  Descriptions of the services available to assist a  woman  through  a
 50        pregnancy, at childbirth and while the child is dependent, including adop-
 51        tion services, a comprehensive list of the names, addresses, and telephone
 52        numbers  of  public  and  private  agencies that provide such services and
                                                                        
                                           3
                                                                        
  1        financial aid available;
  2        (b)  Descriptions of the  physical  characteristics  of  a  normal  fetus,
  3        described  at  two  (2) week intervals, beginning with the fourth week and
  4        ending with the twenty-fourth week of development, accompanied  by  scien-
  5        tifically  verified  photographs of a fetus during such stages of develop-
  6        ment. The description shall include information about   physiological  and
  7        anatomical  characteristics, brain and heart function, and the presence of
  8        external members and internal  organs  during  the  applicable  stages  of
  9        development; and
 10        (c)  Descriptions of the abortion procedures used in current medical prac-
 11        tices  at  the  various  stages  of growth of the fetus and any reasonable
 12        foreseeable complications and risks to the mother, including those related
 13        to subsequent child bearing.
 14        (3)  Except in the case of a medical  emergency,  nNo  abortion  shall  be
 15    performed  unless,  prior  to  the  abortion,  the  attending physician or the
 16    attending physician's agent (i) confirms or verifies a positive pregnancy test
 17    and informs the pregnant patient of a positive pregnancy test, and (ii) certi-
 18    fies in writing that the materials provided by the director of the  department
 19    of  health  and welfare have been provided to the pregnant patient, if reason-
 20    ably possible, at least twenty-four (24) hours before the performance  of  the
 21    abortion.  If the materials are not available from the director of the depart-
 22    ment of health and welfare, no certification shall be required. The  attending
 23    physician,  or the attending physician's agent, shall provide any other infor-
 24    mation required under this act. In addition to  providing  the  material,  the
 25    attending  physician may provide the pregnant patient with such other informa-
 26    tion which in the attending physician's judgment is relevant to  the  pregnant
 27    patient's  decision  as to whether to have the abortion or carry the pregnancy
 28    to term.
 29        (4)  If the attending physician reasonably determines that due to  circum-
 30    stances peculiar to a specific pregnant patient, disclosure of the material is
 31    likely  to cause a severe and long lasting detrimental effect on the health of
 32    such pregnant patient, disclosure of the  materials  shall  not  be  required.
 33    Within  thirty  (30)  days after performing any abortion without certification
 34    and delivery of the materials,  the  attending  physician,  or  the  attending
 35    physician's  agent, shall cause to be delivered to the director of the depart-
 36    ment of health and welfare, a report signed by the attending  physician,  pre-
 37    serving  the  patient's  anonymity,  which explains the specific circumstances
 38    denoting the medical emergency  that  excused  compliance  with  the  duty  to
 39    deliver  the  materials.  The director of the department of health and welfare
 40    shall compile the information annually and report to the public the total num-
 41    ber of abortions performed in the state where delivery of  the  materials  was
 42    excused; provided that any information so reported shall not identify any phy-
 43    sician or patient in any manner which would reveal their identities.
 44        (5)  If  section 18-608(3), Idaho Code, applies to the abortion to be per-
 45    formed and the pregnant patient is an adult and for any reason unable to  give
 46    a  valid  consent thereto, the requirement for that pregnant patient's consent
 47    shall be met as required by law for other medical or surgical  procedures  and
 48    shall  be determined in consideration of the desires, interests and welfare of
 49    the pregnant patient.
 50        (6)  The knowing failure of the attending physician to perform any one (1)
 51    or more of the acts required under subsection (4) of this section  or  section
 52    39-261,  Idaho Code, is grounds for discipline pursuant to section 54-1814(6),
 53    Idaho Code, and shall subject the physician to assessment of a  civil  penalty
 54    of one hundred dollars ($100) for each month or portion thereof that each such
 55    failure  continues,  payable to the vital statistics unit of the department of
                                                                        
                                           4
                                                                        
  1    health and welfare, but such failure shall not constitute a criminal act.
                                                                        
  2        SECTION 4.  SEVERABILITY. If any one or more provision,  section,  subsec-
  3    tion,  sentence, clause, phrase or word of this act or the application thereof
  4    to any person or circumstance, or application to any other  section  of  Idaho
  5    Code is found to be unconstitutional, the same is hereby declared to be sever-
  6    able  and the balance of this act shall  remain effective notwithstanding such
  7    unconstitutionality. The Legislature hereby declares that it would have passed
  8    this act, and each provision, section, subsection, sentence, clause, phrase or
  9    word thereof, irrespective of the fact that any one or  more  provision,  sec-
 10    tion,  subsection,  sentence,  clause,  phrase or word be declared unconstitu-
 11    tional.

Amendment


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                                                                        
                                                                        
                                                     Moved by    Bunderson           
                                                                        
                                                     Seconded by Richardson          
                                                                        
                                                                        
                                       IN THE SENATE
                             SENATE AMENDMENTS TO S.B. NO. 1482
                                                                        
  1                               AMENDMENTS TO SECTION 1
  2        On page 1 of the printed bill, in line 16, delete "abortions" and  insert:
  3    "abortion";  delete  lines  32 through 34  and insert: "and substantially com-
  4    plete explanation of: each fact pertinent to making the  decision. Facts  per-
  5    tinent  to making the decision shall include, but not be limited to:"; in line
  6    38, delete "and" and insert: "and"; in line 41, delete  ";  and"  and  insert:
  7    "."; delete lines 42 and 43; and on page 2, delete line 1.
                                                                        
  8                               AMENDMENTS TO SECTION 3
  9        On  page  3, delete lines 7 through 9 and insert: "anatomical characteris-
 10    tics, brain and heart function, and  the  presence  of  external  members  and
 11    internal  organs during the applicable stages of development; and"; and delete
 12    lines 16 and 17 and insert: "attending physician's agent (i) confirms or veri-
 13    fies a positive pregnancy test and informs the pregnant patient of a  positive
 14    pregnancy test, and (ii) certi-".

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


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                              SENATE BILL NO. 1482, As Amended
                                                                        
                                 BY STATE AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO ABORTIONS; AMENDING SECTION 18-604, IDAHO CODE, TO REVISE  DEFINI-
  3        TIONS  AND  TO DEFINE ADDITIONAL TERMS; REPEALING  SECTION 2, CHAPTER 393,
  4        LAWS OF 2005, RELATING TO  DEFINITIONS;  AMENDING  SECTION  18-609,  IDAHO
  5        CODE, TO REVISE PROCEDURES, TO PROVIDE FOR DISCIPLINE AND TO PROVIDE FOR A
  6        CIVIL PENALTY; AND PROVIDING SEVERABILITY.
                                                                        
  7    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  8        SECTION  1.  That  Section  18-604, Idaho Code, be, and the same is hereby
  9    amended to read as follows:
                                                                        
 10        18-604.  DEFINITIONS. As used in this act:
 11        (1)  "Abortion" means the intentional termination of human  pregnancy  for
 12    purposes  other than delivery of a viable birth use of any means to intention-
 13    ally  terminate the clinically diagnosable pregnancy of a woman with knowledge
 14    that the termination by those means will, with  reasonable  likelihood,  cause
 15    the  death  of the unborn child except that, for the purposes of this chapter,
 16    abortion shall not mean the use of an intrauterine  device  or  birth  control
 17    pill  to inhibit or prevent ovulations, fertilization or the implantation of a
 18    fertilized ovum within the uterus.
 19        (2)  "Department" means the Idaho department of health and welfare.
 20        (3)  "Emancipated" means any minor who has been married or  is  in  active
 21    military service.
 22        (4)  "Fetus" and "unborn child." Each term means an individual organism of
 23    the species homo sapiens from fertilization until live birth.
 24        (5)  "First trimester of pregnancy" means the first thirteen (13) weeks of
 25    a pregnancy.
 26        (36)  "Hospital"  means  an  acute  care,  general hospital in this state,
 27    licensed as provided in chapter 13, title 39, Idaho Code.
 28        (47)  "Informed consent" means a voluntary and knowing decision to undergo
 29    a specific procedure or treatment. To be voluntary, the decision must be  made
 30    freely  after  sufficient  time  for contemplation and without coercion by any
 31    person. To be knowing, the decision must be based on the physician's  accurate
 32    and  substantially  complete explanation of: each fact pertinent to making the
 33    decision. Facts pertinent to making the decision shall  include,  but  not  be
 34    limited to:
 35        (a)  A description of any proposed treatment or procedure;
 36        (b)  Any  reasonably  foreseeable  complications  and risks to the patient
 37        from such  procedure,  including  those  related  to  future  reproductive
 38        health; and
 39        (c)  The  manner in which such procedure and its foreseeable complications
 40        and risks compare with those of each readily available alternative to such
 41        procedure, including childbirth and adoption.
 42    The physician must provide the information in terms which can be understood by
 43    the person making the decision, with consideration of age, level  of  maturity
                                                                        
                                           2
                                                                        
  1    and intellectual capability.
  2        (8)  "Medical  emergency"  means  a  condition  which, on the basis of the
  3    physician's good faith clinical judgment, so complicates the medical condition
  4    of a pregnant woman as to necessitate the immediate abortion of her  pregnancy
  5    to  avert  her death or for which a delay will create serious risk of substan-
  6    tial and irreversible impairment of a major bodily function.
  7        (9)  "Minor" means a woman less than eighteen (18) years of age.
  8        (10) "Pregnant" and "pregnancy." Each term  shall  mean  the  reproductive
  9    condition  of having a developing fetus in the body and commences with fertil-
 10    ization.
 11        (511) "Physician" means a person licensed to practice medicine and surgery
 12    or osteopathic medicine and surgery in this state as provided in  chapter  18,
 13    title 54, Idaho Code.
 14        (612) "Second  trimester  of  pregnancy" means that portion of a pregnancy
 15    following the thirteenth week and preceding the point in time when  the  fetus
 16    becomes  viable, and there is hereby created a legal presumption that the sec-
 17    ond trimester does not end before the commencement of the twenty-fifth week of
 18    pregnancy, upon which presumption any licensed physician may proceed  in  law-
 19    fully aborting a patient pursuant to section 18-608, Idaho Code, in which case
 20    the  same  shall  be conclusive and unrebuttable in all civil or criminal pro-
 21    ceedings.
 22        (713) "Third trimester of pregnancy" means that  portion  of  a  pregnancy
 23    from and after the point in time when the fetus becomes viable.
 24        (814) Any  reference  to a viable fetus shall be construed to mean a fetus
 25    potentially able to live outside the mother's  womb,  albeit  with  artificial
 26    aid.
                                                                        
 27        SECTION  2.  That   Section 2, Chapter 393, Laws of 2005, be, and the same
 28    is hereby repealed.
                                                                        
 29        SECTION 3.  That Section 18-609, Idaho Code, be, and the  same  is  hereby
 30    amended to read as follows:
                                                                        
 31        18-609.  PHYSICIANS  AND HOSPITALS NOT TO INCUR CIVIL LIABILITY -- CONSENT
 32    TO ABORTION -- NOTICE. (1) Any physician may perform an abortion  not  prohib-
 33    ited  by  this  act  and  any  hospital or other facility described in section
 34    18-608, Idaho Code, may provide facilities for such procedures without, in the
 35    absence of negligence,  incurring  civil  liability  therefor  to  any  person
 36    including, but not limited to, the pregnant patient and the prospective father
 37    of the fetus to have been born in the absence of abortion, if informed consent
 38    for such abortion has been duly given by the pregnant patient.
 39        (2)  In  order  to  provide  assistance in assuring that the consent to an
 40    abortion is truly informed consent, the director of the department  of  health
 41    and  welfare shall publish, after consultation with interested parties, easily
 42    comprehended, nonmisleading and medically accurate printed material to be made
 43    available at the no expense of  the to physicians, hospitals or other facility
 44    facilities providing the abortion and abortion-related   services,  and  which
 45    shall contain the following:
 46        (a)  Descriptions  of  the  services available to assist a woman through a
 47        pregnancy, at childbirth and while the child is dependent, including adop-
 48        tion services, a comprehensive list of the names, addresses, and telephone
 49        numbers of public and private agencies  that  provide  such  services  and
 50        financial aid available;
 51        (b)  Descriptions  of  the  physical  characteristics  of  a normal fetus,
 52        described at two (2) week intervals, beginning with the  fourth  week  and
                                                                        
                                           3
                                                                        
  1        ending  with  the twenty-fourth week of development, accompanied by scien-
  2        tifically verified photographs of a fetus during such stages  of  develop-
  3        ment.  The  description  shall include information about physiological and
  4        anatomical characteristics, brain and heart function, and the presence  of
  5        external  members  and  internal  organs  during  the applicable stages of
  6        development; and
  7        (c)  Descriptions of the abortion procedures used in current medical prac-
  8        tices at the various stages of growth of  the  fetus  and  any  reasonable
  9        foreseeable complications and risks to the mother, including those related
 10        to subsequent child bearing.
 11        (3)  Except  in  the  case  of  a medical emergency, nNo abortion shall be
 12    performed unless, prior to  the  abortion,  the  attending  physician  or  the
 13    attending physician's agent (i) confirms or verifies a positive pregnancy test
 14    and informs the pregnant patient of a positive pregnancy test, and (ii) certi-
 15    fies  in writing that the materials provided by the director of the department
 16    of health and welfare have been provided to the pregnant patient,  if  reason-
 17    ably  possible,  at least twenty-four (24) hours before the performance of the
 18    abortion. If the materials are not available from the director of the  depart-
 19    ment  of health and welfare, no certification shall be required. The attending
 20    physician, or the attending physician's agent, shall provide any other  infor-
 21    mation  required  under  this  act. In addition to providing the material, the
 22    attending physician may provide the pregnant patient with such other  informa-
 23    tion  which  in the attending physician's judgment is relevant to the pregnant
 24    patient's decision as to whether to have the abortion or carry  the  pregnancy
 25    to term.
 26        (4)  If  the attending physician reasonably determines that due to circum-
 27    stances peculiar to a specific pregnant patient, disclosure of the material is
 28    likely to cause a severe and long lasting detrimental effect on the health  of
 29    such  pregnant  patient,  disclosure  of  the materials shall not be required.
 30    Within thirty (30) days after performing any  abortion  without  certification
 31    and  delivery  of  the  materials,  the  attending physician, or the attending
 32    physician's agent, shall cause to be delivered to the director of the  depart-
 33    ment  of  health and welfare, a report signed by the attending physician, pre-
 34    serving the patient's anonymity, which  explains  the  specific  circumstances
 35    denoting  the  medical  emergency  that  excused  compliance  with the duty to
 36    deliver the materials. The director of the department of  health  and  welfare
 37    shall compile the information annually and report to the public the total num-
 38    ber  of  abortions  performed in the state where delivery of the materials was
 39    excused; provided that any information so reported shall not identify any phy-
 40    sician or patient in any manner which would reveal their identities.
 41        (5)  If section 18-608(3), Idaho Code, applies to the abortion to be  per-
 42    formed  and the pregnant patient is an adult and for any reason unable to give
 43    a valid consent thereto, the requirement for that pregnant  patient's  consent
 44    shall  be  met as required by law for other medical or surgical procedures and
 45    shall be determined in consideration of the desires, interests and welfare  of
 46    the pregnant patient.
 47        (6)  The knowing failure of the attending physician to perform any one (1)
 48    or  more  of the acts required under subsection (4) of this section or section
 49    39-261, Idaho Code, is grounds for discipline pursuant to section  54-1814(6),
 50    Idaho  Code,  and shall subject the physician to assessment of a civil penalty
 51    of one hundred dollars ($100) for each month or portion thereof that each such
 52    failure continues, payable to the vital statistics unit of the  department  of
 53    health and welfare, but such failure shall not constitute a criminal act.
                                                                        
 54        SECTION  4.  SEVERABILITY.  If any one or more provision, section, subsec-
                                                                        
                                           4
                                                                        
  1    tion, sentence, clause, phrase or word of this act or the application  thereof
  2    to  any  person  or circumstance, or application to any other section of Idaho
  3    Code is found to be unconstitutional, the same is hereby declared to be sever-
  4    able and the balance of this act shall  remain effective notwithstanding  such
  5    unconstitutionality. The Legislature hereby declares that it would have passed
  6    this act, and each provision, section, subsection, sentence, clause, phrase or
  7    word  thereof,  irrespective  of the fact that any one or more provision, sec-
  8    tion, subsection, sentence, clause, phrase or  word  be  declared  unconstitu-
  9    tional.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE

                            RS 16226C4

Adding definitions; to create parallel scienter requirements; to
add parameters to the materials produced by the Department of
Health and Welfare; to create an exception in cases of a medical
emergency; to add enforcement provisions.



                           FISCAL NOTE

The materials that the department is required to produce may
require some editing of current materials.  The materials will now,
by statute, be provided at the expense of the state.






Contact
Name: Senator Hal Bunderson, Senator Mel Richardson, 
Senator Skip Brandt 
Phone: 332-1000
Representative Janice McGeachin, Representative Bill Sali


STATEMENT OF PURPOSE/FISCAL NOTE                            S 1482