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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
]]]] 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
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