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In Idaho

After Roe, abortion will never be legal except to save a mother’s life or if the pregnancy resulted from rape or incest.  Connect with your local family policy council to stay up-to-date on the pro-life movement in your state—now and after Roe. Then, keep reading to find out more about what abortion law would be in your state after Roe..

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MORE ABOUT YOUR STATE’S ABORTION LAWS

Below, we’ve summarized what abortion laws would be in your state after Roe.


The Big Question

After Roe, will my state ban nearly all abortions or allow nearly all abortions?

Idaho will ban nearly all abortions. It has a “trigger law,” in the form of a bill passed by the Idaho legislature and signed by the governor, that bans all abortions except when necessary to save the life of the mother and in cases of rape or incest. The law would become effective immediately after Roe is overturned. (Senate Bill 1385).

Abortion Limits, Exceptions and Enforcement

Limitations on abortions

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If my state won’t ban all abortions, what are the limits to abortion?

Because Idaho has a “trigger law” banning almost all abortions that would go into effect immediately after Roe, Idaho’s other, lesser limitations and regulations currently in their law on abortion would no longer be necessary.


Exceptions to any limitations

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Are there any exceptions to those limitations placed on abortion?

Yes: to save the mother’s life or if the pregnancy resulted from rape or incest. (Senate Bill 1385).


Penalties for performing an illegal abortion

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What are the penalties to abortion providers for committing an illegal abortion (one of the forms of abortion that my state has limited under the law)?

Violations of the trigger law bill are a felony punishable by 2-5 years imprisonment and suspension of the violator’s medical license. (Senate Bill 1385).


Enforcement

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When abortion laws are violated, who can file a lawsuit to enforce their rights and the law?

The mother or father of the unborn child may bring a civil suit for damages against the physician. The mother, her parents, her husband, her siblings, her other health-care providers, or the state attorney general may file for injunctive relief blocking the abortion provider from providing abortion care after 20 weeks in future instances. Idaho Code § 18-501 to 18-510 (Enacted 2011).


Special standards of care

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Does my state impose a special medical standard of care on abortion providers?

Under the trigger law bill, if an abortion must be performed within one of the allowed exceptions, the physician must perform it in the manner which gives the unborn child the best chance to survive. (Senate Bill 1385).


Protecting Fundamental Rights

Parents

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Does my state give parents the right to consent for their child to get an abortion?

Yes: consent from one parent is required, but may be waived if the mother is a victim of rape or incest; this state also has a method where a minor can obtain permission from the courts to receive an abortion without parental notice or consent. This provision would most likely become unnecessary when the trigger law takes effect Idaho Code § 18-609A (Enacted 2000; Last Amended 2007).


Medical professionals

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Does my state have conscience protections for medical professionals who do not want to participate in abortions?

Yes: Physicians may refuse to provide or assist in providing abortions.  Nurses, technicians, hospital employees, physicians’ employees, or any person licensed, certified or registered by the state of Idaho to deliver health care, who objects on personal, moral, religious, or ethical grounds, may refuse to provide, assist in providing, counsel on, or refer for abortion services.  Any person intending to refuse to provide such services must state such objections in writing.

Upon objection by its governing board, a hospital may refuse to admit a woman or to furnish facilities for the purpose of abortion services. 

These refusals may not be exercised in life-threatening situations. Idaho Code § 18-611 (Enacted 2010, Amended 2011) and § 18-612 (Enacted 1973).


Babies Born Alive

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Are there legal protections for babies born alive following a botched abortion in my state?

No


Safety & Health of Women

Physician-only requirement

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Does an abortion have to be provided by a licensed physician in my state?

Yes: Only a physician licensed by the state to practice medicine and surgery or osteopathic medicine and surgery may conduct abortions.  Idaho Code § 18-604(11), § 18-608(A).

All second-trimester abortion services be provided in a hospital.  Idaho Code § 18-608(2) (Enacted 1973).

Providers must have transfer arrangements with one or more acute-care hospitals within reasonable proximity. No exceptions for clinics in rural areas, or if no local hospitals will agree to a transfer arrangement.  Idaho Code § 18-608 (1) (Enacted 1973).


Informed consent

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Does my state’s law require that a woman give informed consent and/or receive counseling prior to allowing an abortion to be performed?

Yes: a mother may not obtain an abortion until the physician provides her with: (1) a description of the proposed procedure; (2) any reasonably foreseeable complications and risks associated with the proposed procedure, including those related to future reproductive health; and (3) the comparable risks associated with each alternative to such procedure, including childbirth and adoption. However, this provision would most likely become unnecessary when the trigger law takes effect. Idaho Code § 18-609.


Waiting period

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Does my state place any waiting requirement on abortion so that a mother has more time to decide?

Yes, a 24-hour waiting period after counseling is required; however, this provision would most likely become unnecessary when the trigger law takes effect.  Idaho Code §§ 18-609.


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