Idaho Code 18-8803 – Determination of Fetal Heartbeat
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Terms Used In Idaho Code 18-8803
- 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 preborn child. See Idaho Code 18-8801
- Fetal heartbeat: means embryonic or fetal cardiac activity or the steady and repetitive rhythmic contraction of the fetal heart within the gestational sac. See Idaho Code 18-8801
- Gestational age: means the age of a preborn human individual as calculated from the first day of the last menstrual period of a pregnant woman. See Idaho Code 18-8801
- Medical emergency: means a condition that, in reasonable medical judgment, so complicates the medical condition of a pregnant woman as to necessitate the immediate abortion of her pregnancy to avert her death or for which a delay will create serious risk of substantial and irreversible impairment of a major bodily function. See Idaho Code 18-8801
- person: includes a corporation as well as a natural person;
Idaho Code 73-114
Any person who intends to perform or induce an abortion on a pregnant woman must determine if there is the presence of any fetal heartbeat, except in the case of a medical emergency. In testing for any fetal heartbeat, the person conducting the physical examination on the pregnant woman must determine in his reasonable medical judgment and according to standard medical practice whether or not any fetal heartbeat is present. The person who determines the presence or absence of any fetal heartbeat must record in the pregnant woman’s medical record the estimated gestational age of the preborn human individual or individuals, the method used to test for the fetal heartbeat, the date and time of the test, and the results of the test.