2016 Idaho Statutes
Title 18 - CRIMES AND PUNISHMENTS
Chapter 6 - ABORTION AND CONTRACEPTIVES
Section 18-617 - CHEMICAL ABORTIONS.
18-617. CHEMICAL ABORTIONS. (1) As used in this section:
(a) "Abortifacient" means mifepristone, misoprostol and/or other chemical or drug dispensed with the intent of causing an abortion as defined in section 18-604(1), Idaho Code. Nothing in the definition shall apply when used to treat ectopic pregnancy;
(b) "Chemical abortion" means the exclusive use of an abortifacient or combination of abortifacients to effect an abortion;
(c) "Physician" has the same meaning as provided in section 18-604(11), Idaho Code.
(2) No physician shall give, sell, dispense, administer, prescribe or otherwise provide an abortifacient for the purpose of effecting a chemical abortion unless the physician:
(a) Has the ability to assess the duration of the pregnancy accurately in accordance with the applicable standard of care for medical practice in the state;
(b) Has determined, if clinically feasible, that the unborn child to be aborted is within the uterus and not ectopic;
(c) Has the ability to provide surgical intervention in cases of incomplete abortion or severe bleeding, or, if the physician does not have admitting privileges at a local hospital, has made and documented in the patient's medical record plans to provide such emergency care through other qualified physicians who have agreed in writing to provide such care;
(d) Informs the patient that she may need access to medical facilities equipped to provide blood transfusions and resuscitation, if necessary, as a result of or in connection with the abortion procedure on a twenty-four (24) hour basis. If the appropriate medical facility is other than a local hospital emergency room, the physician shall provide the patient with the name, address and telephone number of such facility in writing;
(e) Has examined in person the woman to whom the abortifacient is administered to determine the medical appropriateness of such administration and has determined that the abortifacient is sufficiently safe for use in the gestational age at which it will be administered; and
(f) Has complied with the informed consent provisions of section 18-609, Idaho Code.
(3) The physician inducing the abortion, or a person acting on behalf of the physician inducing the abortion, shall make reasonable efforts to ensure that the patient returns for a follow-up visit so that a physician can confirm that the pregnancy has been terminated and assess the patient's medical condition.
[18-617, added 2015, ch. 270, sec. 2, p. 1123.]
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