T39CH95
Title 39 > T39CH95
Sections (9)
39-9501
TITLE 39 HEALTH AND SAFETY CHAPTER 95 ABORTION COMPLICATIONS REPORTING ACT 39-9501. SHORT TITLE. This act shall be known and may be cited as the Abortion Complications Reporting Act. History: [39-9501, added 2018, ch. 225, sec. 1, p. 509.]
39-9502
TITLE 39 HEALTH AND SAFETY CHAPTER 95 ABORTION COMPLICATIONS REPORTING ACT 39-9502. legislative findings and purpose. (1) The legislature of the state of Idaho asserts and finds that: (a) The state has legitimate interests from the outset of pregnancy in protecting the health of women, as found by the United States Supreme Court in Planned Parenthood of Southeastern Pennsylvania v. Casey ; (b) Specifically, the state has a legitimate concern with the health of women who undergo abortions, as found by the United States Supreme Court in Akron v. Akron Ctr. for Reproductive Health, Inc. ; (c) Surgical abortion is an invasive procedure that can cause severe physical and psychological complications for women, both short-term and long-term, including, but not limited to, uterine perforation, cervical perforation, infection, bleeding, hemorrhage, blood clots, failure to actually terminate the pregnancy, incomplete abortion, retained tissue, pelvic inflammatory disease, endometritis, missed ectopic pregnancy, cardiac arrest, respiratory arrest, renal failure, metabolic disorder, shock, embolism, coma, placenta previa in subsequent pregnancies, preterm delivery in subsequent pregnancies, free fluid in the abdomen, adverse reactions to anesthesia and other drugs, an increased risk for developing breast cancer, psychological or emotional complications such as depression, suicidal ideation, anxiety and sleeping disorders, and death; (d) To facilitate reliable scientific studies and research on the safety and efficacy of abortion, it is essential that the medical and public health communities have access to accurate information both on the abortion procedure and on complications resulting from abortion; (e) Abortion record keeping and reporting provisions that are reasonably directed to the preservation of maternal health and that properly respect a patient’s confidentiality and privacy are permissible, according to the United States Supreme Court in Planned Parenthood v. Danforth ; (f) Abortion and complication reporting provisions do not impose an undue burden on a woman’s right to choose whether or not to terminate a pregnancy. Specifically, the collection of information with respect to actual patients is a vital element of medical research, and so it cannot be said that the requirements serve no purpose other than to make abortions more difficult, as found by the United States Supreme Court in Planned Parenthood v. Casey ; (g) The use of RU-486 as part of a chemical abortion can cause significant medical risks including, but not limited to, abdominal pain, cramping, vomiting, headache, fatigue, uterine hemorrhage, infections and pelvic inflammatory disease; (h) The risk of abortion complications increases with advancing gestational age; (i) Studies document that increased rates of complications, including incomplete abortion, occur even within the gestational limit approved by the federal food and drug administration (FDA); (j) In July 2011, the FDA repor
39-9503
TITLE 39 HEALTH AND SAFETY CHAPTER 95 ABORTION COMPLICATIONS REPORTING ACT 39-9503. definitions. As used in this chapter: (1) Abortion shall have the same meaning as provided in section 18-502 , Idaho Code. (2) Complication means any of the following, if it constitutes an abnormal or a deviant process or event arising from the performance or completion of an abortion: (a) Uterine perforation or injury to the uterus; (b) Injury or damage to any organ; (c) Cervical perforation or injury to the cervix; (d) Infection; (e) Heavy or excessive bleeding; (f) Hemorrhage; (g) Blood clots; (h) Blood transfusion; (i) Failure to actually terminate the pregnancy; (j) Incomplete abortion or retained tissue; (k) Weakness, nausea, vomiting or diarrhea that lasts more than twenty-four (24) hours; (l) Pain or cramps that do not improve with medication; (m) A fever of one hundred and four-tenths (100.4) degrees or higher for more than twenty-four (24) hours; (n) Hemolytic reaction due to the administration of ABO-incompatible blood or blood products; (o) Hypoglycemia where onset occurs while the patient is being cared for in the abortion facility; (p) Pelvic inflammatory disease; (q) Endometritis; (r) Missed ectopic pregnancy; (s) Cardiac arrest; (t) Respiratory arrest; (u) Renal failure; (v) Metabolic disorder; (w) Shock; (x) Embolism; (y) Coma; (z) Placenta previa or preterm delivery in subsequent pregnancies; (aa) Free fluid in the abdomen; (bb) Adverse or allergic reaction to anesthesia or other drugs; (cc) Subsequent development of breast cancer; (dd) Death; (ee) Any psychological or emotional condition reported by the patient, such as depression, suicidal ideation, anxiety or a sleeping disorder; or (ff) Any other adverse event as defined by the federal food and drug administration criteria provided in the medwatch reporting system. (3) Department means the state department of health and welfare. (4) Facility means any public or private hospital, clinic, center, medical school, medical training institution, health care facility, physician’s office, infirmary, dispensary, ambulatory surgical center or other institution or location where medical care is provided to any person. (5) Hospital means any institution licensed as a hospital pursuant to chapter 13, title 39 , Idaho Code. (6) Medical practitioner means a licensed medical care provider capable of making a diagnosis within the scope of such provider’s license. (7) Pregnant or pregnancy means the reproductive condition of having an unborn child in the uterus. History: [39-9503, added 2018, ch. 225, sec. 1, p. 510; am. 2019, ch. 50, sec. 1, p. 135.]
39-9504
TITLE 39 HEALTH AND SAFETY CHAPTER 95 ABORTION COMPLICATIONS REPORTING ACT 39-9504. abortion complication reporting. (1) Every hospital, licensed health care facility or individual medical practitioner shall file a written report with the department regarding each woman who comes under the hospital’s, health care facility’s or medical practitioner’s care and receives treatment for any item listed in section 39-9503 (2), Idaho Code, that the attending medical practitioner has reason to believe, in the practitioner’s reasonable medical judgment, constitutes an abnormal or a deviant process or event arising from the performance or completion of an abortion. Such reports shall be completed by the hospital, health care facility or attending medical practitioner who treated the woman, signed by the attending medical practitioner and transmitted to the department within ninety (90) days from the last date of treatment or other care or consultation for the complication. (2) Every hospital, licensed health care facility or individual medical practitioner required to submit a complication report shall attempt to ascertain and shall report on the following: (a) The age and race of the woman; (b) The woman’s state and county of residence; (c) The number of previous pregnancies, number of live births and number of previous abortions of the woman; (d) The date the abortion was performed and the date that the abortion was completed, as well as the gestational age of the fetus, as defined in section 18-604 , Idaho Code, and the methods used; (e) Identification of the physician who performed the abortion, the facility where the abortion was performed and the referring medical practitioner, agency or service, if any; (f) The specific complication, as that term is defined in section 39-9503 (2), Idaho Code, including, where applicable, the location of the complication in the woman’s body, the date on which the complication occurred and whether there were any preexisting medical conditions that would potentially complicate pregnancy or the abortion; (g) Whether any post-abortion follow-up visit was scheduled or required by the abortion provider and, if so, whether the woman refused or failed to attend such follow-up visit; (h) Whether the woman was referred to a hospital, emergency department, or urgent care clinic or department for treatment for any item listed in section 39-9503 (2), Idaho Code; (i) Any follow-up care, surgery, or aspiration procedure performed because of incomplete abortion or retained tissue; and (j) Whether the woman received treatment from any other medical practitioner for the specific complication and, if so, when such previous treatment occurred, and the medical practitioner or practitioners who provided the treatment. (3) Reports required under this section shall not contain: (a) The name of the woman; (b) Common identifiers such as the woman’s social security number or motor vehicle operator’s license number; or (c) Other information or i
39-9505
TITLE 39 HEALTH AND SAFETY CHAPTER 95 ABORTION COMPLICATIONS REPORTING ACT 39-9505. reporting forms. The department shall create the forms required by this chapter within sixty (60) days after the effective date of this chapter. Such forms shall provide for the reporting of information required by section 39-9504 (2), Idaho Code. No provision of this chapter requiring the reporting of information on forms published by the department shall be applicable until ten (10) days after the requisite forms are first created or until the effective date of this chapter, whichever is later. History: [39-9505, added 2018, ch. 225, sec. 1, p. 513.]
39-9506
TITLE 39 HEALTH AND SAFETY CHAPTER 95 ABORTION COMPLICATIONS REPORTING ACT 39-9506. penalties and professional sanctions. (1) Any person who willfully delivers or discloses to the department any report, record or information required pursuant to this chapter and known by him or her to be false is guilty of a misdemeanor. (2) Any person who willfully discloses any information obtained from reports filed pursuant to this chapter, other than the disclosure authorized by this chapter or otherwise authorized by law, is guilty of a misdemeanor. (3) Any person required under this chapter to file a report, keep any records or supply any information, who willfully fails to file such report, keep such records or supply such information at the time or times required by law or rule, is: (a) Guilty of unprofessional conduct, and his or her professional license is subject to discipline in accordance with procedures governing his or her license; and (b) Subject to a civil fine of five hundred dollars (1,000) for each instance of failure to report; (b) Have its license suspended for a period of six (6) months for the second violation; and (c) Have its license suspended for a period of one (1) year upon a third or subsequent violation. History: [39-9506, added 2018, ch. 225, sec. 1, p. 513.]
39-9507
TITLE 39 HEALTH AND SAFETY CHAPTER 95 ABORTION COMPLICATIONS REPORTING ACT 39-9507. construction. (1) Nothing in this chapter shall be construed as creating or recognizing a right to abortion. (2) It is not the intention of this chapter to make lawful an abortion that is currently unlawful. History: [39-9507, added 2018, ch. 225, sec. 1, p. 513.]
39-9508
TITLE 39 HEALTH AND SAFETY CHAPTER 95 ABORTION COMPLICATIONS REPORTING ACT 39-9508. right of intervention. The legislature, by concurrent resolution, may appoint one (1) or more of its members who sponsored or co-sponsored this chapter in his or her official capacity, or other member or members if the original sponsors and co-sponsors are no longer serving, to intervene as a matter of right in any case in which the constitutionality of this law is challenged. History: [39-9508, added 2018, ch. 225, sec. 1, p. 513.]
39-9509
TITLE 39 HEALTH AND SAFETY CHAPTER 95 ABORTION COMPLICATIONS REPORTING ACT 39-9509. severability. The provisions of this chapter are hereby declared to be severable, and if any provision of this chapter or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of the remaining portions of this chapter. History: [39-9509, added 2018, ch. 225, sec. 1, p. 514.]