TITLE 18

CRIMES AND PUNISHMENTS

CHAPTER 5

PAIN-CAPABLE UNBORN CHILD PROTECTION ACT

18-504.  determination of postfertilization age. (1) Except in the case of a medical emergency, no abortion shall be performed or induced or be attempted to be performed or induced unless the physician performing or inducing it has first made a determination of the probable postfertilization age of the unborn child or relied upon such a determination made by another physician. In making such a determination, a physician shall make such inquiries of the woman and perform or cause to be performed such medical examinations and tests as a reasonably prudent physician, knowledgeable about the case and the medical conditions involved, would consider necessary to perform in making an accurate diagnosis with respect to postfertilization age.

(2)  Intentional or reckless failure by any physician to conform to any requirement of this section makes the physician subject to medical discipline pursuant to section 54-1814(6), Idaho Code.

History:

[18-504, added 2011, ch. 324, sec. 1, p. 947.]