Idaho Code
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(12), 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; and
(e) 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.

History:
[18-617, added 2015, ch. 270, sec. 2, p. 1123; am. 2017, ch. 242, sec. 2, p. 599; am. 2021, ch. 258, sec. 5, p. 798.]

Structure Idaho Code

Idaho Code

Title 18 - CRIMES AND PUNISHMENTS

Chapter 6 - ABORTION AND CONTRACEPTIVES

Section 18-601 - INTERPRETATION OF STATE STATUTES AND THE STATE CONSTITUTION.

Section 18-602 - LEGISLATIVE FINDINGS AND INTENT.

Section 18-603 - ADVERTISING MEDICINES OR OTHER MEANS FOR PREVENTING CONCEPTION, OR FACILITATING MISCARRIAGE OR ABORTION.

Section 18-604 - DEFINITIONS.

Section 18-605 - UNLAWFUL ABORTIONS — PROCUREMENT OF — PENALTY.

Section 18-606 - UNLAWFUL ABORTIONS — ACCOMPLICE OR ACCESSORY — SUBMITTING TO — PENALTY.

Section 18-607 - ABORTIFACIENTS — UNAUTHORIZED SALE.

Section 18-608 - CERTAIN ABORTIONS PERMITTED — CONDITIONS AND GUIDELINES.

Section 18-608A - PERSONS AUTHORIZED TO PERFORM ABORTIONS.

Section 18-609 - PHYSICIANS AND HOSPITALS NOT TO INCUR CIVIL LIABILITY — CONSENT TO ABORTION — NOTICE.

Section 18-609A - CONSENT REQUIRED FOR ABORTIONS FOR MINORS.

Section 18-609F - REPORTING BY COURTS.

Section 18-609G - STATISTICAL RECORDS.

Section 18-610 - REFUSAL TO CONSENT BY PREGNANT WOMAN — EFFECT.

Section 18-611 - FREEDOM OF CONSCIENCE FOR HEALTH CARE PROFESSIONALS.

Section 18-612 - REFUSAL TO PERFORM ABORTIONS — PHYSICIANS AND HOSPITALS NOT LIABLE.

Section 18-613 - PARTIAL-BIRTH ABORTIONS PROHIBITED.

Section 18-614 - DEFENSES TO PROSECUTION.

Section 18-615 - CRIMINAL ACT TO COERCE OR ATTEMPT TO COERCE A WOMAN TO OBTAIN AN ABORTION.

Section 18-616 - SEVERABILITY.

Section 18-617 - CHEMICAL ABORTIONS.

Section 18-618 - CIVIL CAUSES OF ACTION.

Section 18-619 - ANONYMITY OF FEMALE.

Section 18-620 - CONSTRUCTION.

Section 18-621 - SEVERABILITY.

Section 18-622 - CRIMINAL ABORTION.