2007 Legislation
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HOUSE BILL NO. 248 – Abortion/ultrasound used/woman view

HOUSE BILL NO. 248

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Bill Status



H0248.....................................................by WAYS AND MEANS
ABORTION - Amends existing law to provide that all physicians who use
ultrasound equipment in the performance of an abortion shall inform the
patient that she has the right to view the ultrasound image of her unborn
child before an abortion is performed; to provide that if the patient
requests to view the ultrasound image, she will be allowed to view it
before an abortion is performed; and to provide that the physician shall
also offer to provide the patient with a physical picture of the ultrasound
image of her unborn child prior to the performance of an abortion.
                                                                        
02/27    House intro - 1st rdg - to printing
02/28    Rpt prt - to Health/Wel
03/05    Rpt out - rec d/p - to 2nd rdg
03/06    2nd rdg - to 3rd rdg
03/07    3rd rdg - PASSED - 54-15-1
      AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Black,
      Block, Bolz, Brackett, Bradford, Chadderdon, Chew, Clark, Collins,
      Crane, Durst, Edmunson, Eskridge, Hagedorn, Hart, Harwood, Henbest,
      Henderson, Kren, Labrador, Lake, Loertscher, Luker, Marriott,
      Mathews, McGeachin, Mortimer, Moyle, Nielsen, Nonini, Patrick,
      Raybould, Ring, Roberts, Ruchti, Schaefer, Shepherd(2), Shepherd(8),
      Shirley, Snodgrass, Stevenson, Thayn, Vander Woude, Wills, Wood(27),
      Wood(35), Mr. Speaker
      NAYS -- Bock, Boe, Chavez, Jaquet, Killen, King, LeFavour,
      Pasley-Stuart, Pence, Ringo, Rusche, Sayler, Shively, Smith(30),
      Trail
      Absent and excused -- Smith(24)
    Floor Sponsors - Crane & Luker
    Title apvd - to Senate
03/08    Senate intro - 1st rdg - to St Aff
03/15    Rpt out - rec d/p - to 2nd rdg
03/16    2nd rdg - to 3rd rdg
03/20    3rd rdg - PASSED - 25-9-1
      AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Cameron,
      Corder, Darrington, Davis, Fulcher, Geddes, Goedde, Hammond,
      Heinrich, Hill, Jorgenson, Keough, Little, Lodge, McGee, McKague,
      McKenzie, Pearce, Richardson, Siddoway
      NAYS -- Burkett, Coiner, Kelly, Langhorst, Malepeai, Schroeder,
      Stegner, Stennett, Werk
      Absent and excused -- Gannon
    Floor Sponsor - McKenzie
    Title apvd - to House
03/21    To enrol - Rpt enrol - Sp signed
03/22    Pres signed - To Governor
03/27    Governor signed
         Session Law Chapter 224
         Effective: 07/01/07

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   First Regular Session - 2007
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 248
                                                                        
                                BY WAYS AND MEANS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO ABORTION; AMENDING SECTION 18-609, IDAHO CODE,   TO  PROVIDE  THAT
  3        ALL PHYSICIANS OR THEIR AGENTS WHO USE ULTRASOUND EQUIPMENT IN THE PERFOR-
  4        MANCE  OF  AN  ABORTION SHALL INFORM THE PATIENT THAT SHE HAS THE RIGHT TO
  5        VIEW THE ULTRASOUND IMAGE OF HER UNBORN CHILD BEFORE AN ABORTION  IS  PER-
  6        FORMED,  TO  PROVIDE  THAT  IF THE PATIENT REQUESTS TO VIEW THE ULTRASOUND
  7        IMAGE, SHE SHALL BE ALLOWED TO VIEW IT BEFORE AN ABORTION IS PERFORMED AND
  8        TO PROVIDE THAT THE PHYSICIAN OR AGENT SHALL ALSO  OFFER  TO  PROVIDE  THE
  9        PATIENT  WITH  A  PHYSICAL  PICTURE  OF THE ULTRASOUND IMAGE OF HER UNBORN
 10        CHILD PRIOR TO THE PERFORMANCE OF THE ABORTION.
                                                                        
 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    amended to read as follows:
                                                                        
 14        18-609.  PHYSICIANS  AND HOSPITALS NOT TO INCUR CIVIL LIABILITY -- CONSENT
 15    TO ABORTION -- NOTICE. (1) Any physician may perform an abortion  not  prohib-
 16    ited  by  this  act  and  any  hospital or other facility described in section
 17    18-608, Idaho Code, may provide facilities for such procedures without, in the
 18    absence of negligence,  incurring  civil  liability  therefor  to  any  person
 19    including, but not limited to, the pregnant patient and the prospective father
 20    of the fetus to have been born in the absence of abortion, if informed consent
 21    for such abortion has been duly given by the pregnant patient.
 22        (2)  In  order  to  provide  assistance in assuring that the consent to an
 23    abortion is truly informed consent, the director of the department  of  health
 24    and  welfare  shall  publish  easily comprehended, nonmisleading and medically
 25    accurate printed material to be made available at no  expense  to  physicians,
 26    hospitals  or  other  facilities  providing abortion and abortion-related ser-
 27    vices, and which shall contain the following:
 28        (a)  Descriptions of the services available to assist a  woman  through  a
 29        pregnancy, at childbirth and while the child is dependent, including adop-
 30        tion services, a comprehensive list of the names, addresses, and telephone
 31        numbers  of  public  and  private  agencies that provide such services and
 32        financial aid available;
 33        (b)  Descriptions of the  physical  characteristics  of  a  normal  fetus,
 34        described  at  two  (2) week intervals, beginning with the fourth week and
 35        ending with the twenty-fourth week of development, accompanied  by  scien-
 36        tifically  verified  photographs of a fetus during such stages of develop-
 37        ment. The description shall include information  about  physiological  and
 38        anatomical characteristics; and
 39        (c)  Descriptions of the abortion procedures used in current medical prac-
 40        tices  at  the  various  stages  of growth of the fetus and any reasonable
 41        foreseeable complications and risks to the mother, including those related
 42        to subsequent child bearing.
 43        (3)  Except in the case of a medical emergency, no abortion shall be  per-
                                                                        
                                       2
                                                                        
  1    formed unless, prior to the abortion, the attending physician or the attending
  2    physician's agent certifies in writing that  the  materials  provided  by  the
  3    director  have been provided to the pregnant patient at least twenty-four (24)
  4    hours before the performance of the abortion. If the materials are not  avail-
  5    able  from the director of the department of health and welfare, no certifica-
  6    tion shall be required. The attending physician, or the attending  physician's
  7    agent,  shall provide any  other information required under this act. All phy-
  8    sicians or their agents who use ultrasound equipment in the performance of  an
  9    abortion  shall  inform  the patient that she has the right to view the ultra-
 10    sound image of her unborn child  before  an  abortion  is  performed.  If  the
 11    patient  requests  to view the ultrasound image, she shall  be allowed to view
 12    it before an abortion is performed. The physician or agent shall also offer to
 13    provide the patient with a physical picture of the  ultrasound  image  of  her
 14    unborn child prior to the performance of the abortion, and shall provide it if
 15    requested by the patient. In addition to providing the material, the attending
 16    physician  may  provide the pregnant patient with such other information which
 17    in the attending physician's judgment is relevant to  the  pregnant  patient's
 18    decision as to whether to have the abortion or carry the pregnancy to term.
 19        (4)  Within  thirty (30) days after performing any abortion without certi-
 20    fication and delivery of  the  materials,  the  attending  physician,  or  the
 21    attending  physician's  agent,  shall cause to be delivered to the director of
 22    the department of health and welfare, a report signed by the attending  physi-
 23    cian,  preserving the patient's anonymity, denoting the medical emergency that
 24    excused compliance with the duty to deliver the materials. The director of the
 25    department of health and welfare shall compile the  information  annually  and
 26    report  to  the  public  the  total number of abortions performed in the state
 27    where delivery of the materials was excused; provided that any information  so
 28    reported shall not identify any physician or patient in any manner which would
 29    reveal their identities.
 30        (5)  If  section 18-608(3), Idaho Code, applies to the abortion to be per-
 31    formed and the pregnant patient is an adult and for any reason unable to  give
 32    a  valid  consent thereto, the requirement for that pregnant patient's consent
 33    shall be met as required by law for other medical or surgical  procedures  and
 34    shall  be determined in consideration of the desires, interests and welfare of
 35    the pregnant patient.
 36        (6)  The knowing failure of the attending physician to perform any one (1)
 37    or more of the acts required under subsection (4) of this section  or  section
 38    39-261,  Idaho Code, is grounds for discipline pursuant to section 54-1814(6),
 39    Idaho Code, and shall subject the physician to assessment of a  civil  penalty
 40    of one hundred dollars ($100) for each month or portion thereof that each such
 41    failure  continues,  payable to the vital statistics unit of the department of
 42    health and welfare, but such failure shall not constitute a criminal act.

Statement of Purpose / Fiscal Impact


           
                                 
                      STATEMENT OF PURPOSE

                            RS 17085

The purpose of this legislation is to give a mother the right to
view an ultrasound image of her unborn child, if ultrasound
equipment is going to be used during the performance of an
abortion.


                           FISCAL NOTE

None




Contact
Name: Rep. Janice McGeachin        
      Rep. Ken Roberts
      Rep. Lynn Luker
      Rep. Brent Crane
      Rep. Ken Andrus
      Rep. Paul Shepherd
      Sen. Curt McKenzie
      Sen. Lee Heinrich
Phone: 332-1000
 

STATEMENT OF PURPOSE/FISCAL NOTE                           H 248