View Bill Status
View Bill Text
View Amendment
View Engrossed Bill (Original Bill with Amendment(s) Incorporated)
View Statement of Purpose / Fiscal Impact
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
]]]] 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.
]]]] 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-".
]]]] 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
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