Idaho Omnibus Bill Including Medication Abortion Restrictions (SB 1193)

Medication Abortion Ban

S 1193 would have prohibited dispensing abortifacient for the purpose of effecting a medication abortion unless the physician:

1. 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;
2. Has determined that the pregnancy to be aborted is within the uterus and not ectopic;
3. Has the ability to provide surgical intervention in cases of incomplete abortion or severe bleeding, or 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;
4. Is able to assure patient 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; and
5. 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.

The bill would have required that mifepristone be administered in compliance with its drug label and that other abortifacients ve administered in compliance with level A recommendations contained in practice bulletin number 67 of the American College of Obstetrics and Gynecologists or any modification or replacement of that bulletin, provided that mifepristone may be administered in compliance with the protocols specified in practice bulletin no. 67’s level A recommendations three, five and six, or any modification to or replacement of them, after the patient has been informed of any deviation from the final label’s medication guide and the patient agreement has been modified, if necessary, to reflect such deviation.

Criminalizing Abortion

In addition, the bill would have amended Idaho Code section 18-606 to provide that a woman is guilty of a felony if she submits to an abortion knowing that the person performing the abortion is not a physician or who, unless a physician, willfully terminates her own pregnancy otherwise than by a live birth without a prior determination that a medical emergency exists.

TRAP Provision

The bill also would have amended Idaho Code section 18-608 to state that an second-trimester abortion is not unlawful under Idaho Code sections 18-605 and 18-606 if it is performed in a hospital or physician’s office or clinic that is staffed and equipped for such procedures by physicians who have made arrangements (transfer agreement) with one or more acute care hospitals within reasonable proximity providing for prompt availability of hospital care in case an emergency or complications arise.

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