(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.
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Terms Used In Idaho Code 18-617

  • Abortion: means the use of any means to intentionally terminate the clinically diagnosable pregnancy of a woman with knowledge that the termination by those means will, with reasonable likelihood, cause the death of the unborn child except that, for the purposes of this chapter, abortion shall not mean:
Idaho Code 18-604
  • Hospital: means an acute care general hospital in this state, licensed as provided in chapter 13, title 39, Idaho Code. See Idaho Code 18-604
  • Informed consent: means a voluntary and knowing decision to undergo a specific procedure or treatment. See Idaho Code 18-604
  • person: includes a corporation as well as a natural person;
    • Idaho Code 73-114
  • Physician: means a person licensed to practice medicine and surgery or osteopathic medicine and surgery in this state as provided in chapter 18, title 54, Idaho Code. See Idaho Code 18-604
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories; and the words "United States" may include the District of Columbia and territories. See Idaho Code 73-114
    • (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.