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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 - 2007IN 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