18-601. INTERPRETATION OF STATE STATUTES AND THE STATE CONSTITUTION. The supreme court of the United States having held in the case of "Planned Parenthood v. Casey" that the states have a "profound interest" in preserving the life of preborn children, Idaho hereby expresses the fundamental importance of that "profound interest" and it is hereby declared […]
18-602. LEGISLATIVE FINDINGS AND INTENT. (1) The legislature finds: (a) That children have a special place in society that the law should reflect; (b) That minors too often lack maturity and make choices that do not include consideration of both immediate and long-term consequences; (c) That the medical, emotional and psychological consequences of abortion and […]
18-603. ADVERTISING MEDICINES OR OTHER MEANS FOR PREVENTING CONCEPTION, OR FACILITATING MISCARRIAGE OR ABORTION. Every person, except licensed physicians of this state and those licensed or registered health care providers hereinafter referred to acting under their direct supervision or medical order, who wilfully publishes any notice or advertisement of any medicine or means for producing […]
18-604. DEFINITIONS. As used in this act: (1) "Abortion" means the use of any means to intentionally terminate the clinically diagnosable pregnancy of a woman with knowledge that the termination by those means will, with reasonable likelihood, cause the death of the unborn child except that, for the purposes of this chapter, abortion shall not […]
18-605. UNLAWFUL ABORTIONS — PROCUREMENT OF — PENALTY. (1) Every person not licensed or certified to provide health care in Idaho who knowingly, except as permitted by this chapter, provides, supplies or administers any medicine, drug or substance to any woman or uses or employs any instrument or other means whatever upon any then-pregnant woman […]
18-606. UNLAWFUL ABORTIONS — ACCOMPLICE OR ACCESSORY — SUBMITTING TO — PENALTY. Except as permitted by this act: (1) Every person who, as an accomplice or accessory to any violation of section 18-605, [Idaho Code,] induces or knowingly aids in the production or performance of an abortion; and (2) Every woman who knowingly submits to […]
18-607. ABORTIFACIENTS — UNAUTHORIZED SALE. A person who sells, offers to sell, possesses with intent to sell, advertises, or displays for sale anything specially designed to terminate a pregnancy, or held out by the actor as useful for that purpose, commits a misdemeanor, unless: (1) The sale, offer or display is to a physician or […]
18-608. CERTAIN ABORTIONS PERMITTED — CONDITIONS AND GUIDELINES. (1) Abortions shall only be lawful if and when performed in a hospital or in a physician’s regular office or a clinic, which office or clinic is properly staffed and equipped for the performance of such procedures and respecting which the responsible physician or physicians have made […]
18-608A. PERSONS AUTHORIZED TO PERFORM ABORTIONS. It is unlawful for any person other than a physician to cause or perform an abortion. History: [18-608A, added 2000, ch. 7, sec. 3, p. 13.]
18-609. PHYSICIANS AND HOSPITALS NOT TO INCUR CIVIL LIABILITY — CONSENT TO ABORTION — NOTICE. (1) Any physician may perform an abortion not prohibited by this act and any hospital or other facility described in section 18-608, Idaho Code, may provide facilities for such procedures without, in the absence of negligence, incurring civil liability therefor […]
18-609A. CONSENT REQUIRED FOR ABORTIONS FOR MINORS. (1) Except as otherwise provided in this section, a person shall not knowingly perform an abortion on a pregnant unemancipated minor unless the attending physician has secured the written consent from one (1) of the minor’s parents or the minor’s guardian or conservator. (2) A judge of the […]
18-609F. REPORTING BY COURTS. The administrative director of the courts shall compile statistics for each calendar year, accessible to the public, including: (1) The total number of petitions filed pursuant to section 18-609A, Idaho Code; and (2) The number of such petitions filed where a guardian ad litem was requested and the number where a […]
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 […]
18-610. REFUSAL TO CONSENT BY PREGNANT WOMAN — EFFECT. Notwithstanding any provision of law permitting valid consent for medical or surgical procedures to be given by a person or persons other than the patient, the refusal of any pregnant woman, irrespective of age or competence, to submit to an abortion shall be grounds for a […]
18-611. FREEDOM OF CONSCIENCE FOR HEALTH CARE PROFESSIONALS. (1) As used in this section: (a) "Abortifacient" means any drug that causes an abortion as defined in section 18-604, Idaho Code, emergency contraception or any drug the primary purpose of which is to cause the destruction of an embryo or fetus. (b) "Conscience" means the religious, […]
18-612. REFUSAL TO PERFORM ABORTIONS — PHYSICIANS AND HOSPITALS NOT LIABLE. Nothing in this act shall be deemed to require any hospital to furnish facilities or admit any patient for any abortion if, upon determination by its governing board, it elects not to do so. Neither shall any physician be required to perform or assist […]
18-613. PARTIAL-BIRTH ABORTIONS PROHIBITED. (1) Prohibited acts. Any physician who knowingly performs a partial-birth abortion and thereby kills a human fetus shall be subject to the penalties imposed in section 18-605, Idaho Code. This section shall not apply to partial-birth abortions necessary to save the life of the mother when her life is endangered by […]
18-614. DEFENSES TO PROSECUTION. (1) No physician shall be subject to criminal or administrative liability for causing or performing an abortion upon a minor in violation of subsection (1) of section 18-609A, Idaho Code, if prior to causing or performing the abortion the physician obtains either positive identification or other documentary evidence from which a […]
18-615. CRIMINAL ACT TO COERCE OR ATTEMPT TO COERCE A WOMAN TO OBTAIN AN ABORTION. (1) A person violates the provisions of this section when, knowing that a woman is pregnant, and with the intent to induce the pregnant woman to abort, whether by a medical procedure or otherwise: (a) Threatens to inflict physical injury […]
18-616. SEVERABILITY. If any one (1) or more provision, section, subsection, sentence, clause, phrase, or word of this chapter or the application thereof to any person or circumstance is found to be unconstitutional, the same is hereby declared to be severable and the balance of this chapter shall remain effective notwithstanding such unconstitutionality. The legislature […]
