CRIMES AND PUNISHMENTS
CHAPTER 6
ABORTION AND CONTRACEPTIVES
18-608.Certain abortions permitted -- Conditions and guidelines. The provisions of sections 18-605 and 18-606 shall not
apply to and neither this act, nor other controlling rule of Idaho
law, shall be deemed to make unlawful an abortion performed by a physician
if: (1) When
performed upon a woman who is in the first trimester of pregnancy,
the same is performed following the attending physician’s consultation
with the pregnant patient and a determination by the physician that
such abortion is appropriate in consideration of such factors as in
his medical judgment he deems pertinent, including, but not limited
to physical, emotional, psychological and/or familial factors, that
the child would be born with some physical or mental defect, that
the pregnancy resulted from rape, incest or other felonious intercourse,
and a legal presumption is hereby created that all illicit intercourse
with a girl below the age of sixteen (16) shall be deemed felonious
for purposes of this section, the patient’s age and any other
consideration relevant to her well-being or directly or otherwise
bearing on her health and, in addition to medically diagnosable matters,
including but not limited to such factors as the potential stigma
of unwed motherhood, the imminence of psychological harm or stress
upon the mental and physical health of the patient, the potential
stress upon all concerned of an unwanted child or a child brought
into a family already unable, psychologically or otherwise, to care
for it, and/or the opinion of the patient that maternity or additional
offspring probably will force upon her a distressful life and future;
the emotional or psychological consequences of not allowing the pregnancy
to continue, and the aid and assistance available to the pregnant
patient if the pregnancy is allowed to continue; provided, in consideration
of all such factors, the physician may rely upon the statements of
and the positions taken by the pregnant patient, and the physician
shall not be deemed to have held himself out as possessing special
expertise in such matters nor shall he be held liable, civilly or
otherwise, on account of his good faith exercise of his medical judgment,
whether or not influenced by any such nonmedical factors. Abortions
permitted by this subsection shall only be lawful if and when performed
in a hospital or in a physician’s regular office or a clinic
which office or clinic is properly staffed and equipped for the performance
of such procedures and respecting which the responsible physician
or physicians have made satisfactory arrangements with one or more
acute care hospitals within reasonable proximity thereof providing
for the prompt availability of hospital care as may be required due
to complications or emergencies that might arise.
(2) When
performed upon a woman who is in the second trimester of pregnancy,
the same is performed in a hospital and is, in the judgment of the
attending physician, in the best medical interest of such pregnant
woman, considering those factors enumerated in subsection (1) of this
section and such other factors as the physician deems pertinent.
(3) When
performed upon a woman who is in the third trimester of pregnancy
the same is performed in a hospital and, in the judgment of the attending
physician, corroborated by a like opinion of a consulting physician
concurring therewith, either is necessary for the preservation of
the life of such woman or, if not performed, such pregnancy would
terminate in birth or delivery of a fetus unable to survive. Third
trimester abortions undertaken for preservation of the life of a pregnant
patient, as permitted by this subsection, shall, consistent with accepted
medical practice and with the well-being and safety of such patient,
be performed in a manner consistent with preservation of any reasonable
potential for survival of a viable fetus.
Idaho Statutes