TITLE 18

CRIMES AND PUNISHMENTS

CHAPTER 6

ABORTION AND CONTRACEPTIVES

18-609G.  Statistical records. (1) The bureau of vital statistics of the department of health and welfare shall, in addition to other information required pursuant to section 39-261, Idaho Code, require the complete and accurate reporting of information relevant to each abortion performed upon a minor which shall include, at a minimum, the following:

(a)  Whether the abortion was performed following the physician’s receipt of:

(i)   The written informed consent of a parent, guardian or conservator and the minor; or

(ii)  The written informed consent of an emancipated minor for herself; or

(iii) The written informed consent of a minor for herself pursuant to a court order granting the minor the right to self-consent; or

(iv)  The court order which includes a finding that the performance of the abortion, despite the absence of the consent of a parent, is in the best interests of the minor; or

(v)   Certification from the pregnant minor to the attending physician pursuant to section 18-609A, Idaho Code, that parental consent is not required because the pregnancy resulted from rape as defined in section 18-6101, Idaho Code, excepting subsections (1) and (2) thereof, or sexual conduct with the minor by the minor’s parent, stepparent, uncle, grandparent, sibling, adoptive parent, legal guardian or foster parent.

(b)  If the abortion was performed due to a medical emergency and without consent from a parent, guardian or conservator or court order, the diagnosis upon which the attending physician determined that the abortion was immediately necessary due to a medical emergency.

(2)  The knowing failure of the attending physician to perform any one (1) or more of the acts required under this section is grounds for discipline pursuant to section 54-1814(6), Idaho Code, and shall subject the physician to assessment of a civil penalty of one hundred dollars ($100) for each month or portion thereof that each such failure continues, payable to the bureau of vital statistics of the department of health and welfare, but such failure shall not constitute a criminal act.

History:

[18-609G, added 2007, ch. 193, sec. 5, p. 568; am. 2010, ch. 352, sec. 5, p. 923.]