Idaho Abortion Complications Reporting Act (H 638)
This law was last updated on Jul 2, 2018
H 638 requires every hospital, licensed health-care facility or individual physician to file a report with the health department regarding each individual under their care who reports a complication, requires medical treatment or suffers death that the facility or physician believes may be the result of an abortion.
Each report of a complication must contain the following information:
- The age and race of the patient;
- The patient’s state and county of residence;
- The number of previous pregnancies, number of live births, and number of previous abortions of the patient;
- The date the abortion was performed and the date the abortion was completed, as well as the gestational age of the fetus and the method used, if known;
- Identification of the physician who performed the abortion, the facility where it was performed and the referring physician, agency, or service, if any; and
- The specific complication, including, the location of the complication in the patient’s body, the date on which the complication occurred and whether there were any preexisting conditions that would potentially complicate pregnancy or the abortion.
The law prohibits the reports from including any information that may lead to the the identification of the patient.
The law requires the health department to prepare an annual statistical report for the legislature based on the data gathered from reports.
Criminal Penalties and Professional Sanctions
Any person who willfully delivers or discloses to the department any report, record or information that is known by him or her to be false would be guilty of a misdemeanor.
Any person who willfully discloses any information obtained from reports filed, other than the disclosure authorized by this chapter or otherwise authorized by law, would be guilty of a misdemeanor.
Any person who fails to file a report or keep such records as required would be guilty of unprofessional conduct, and may have their license suspended or revoked.
A licensed medical professional responsible for filing an adverse reaction report with the department who fails to do so would also be subject to a civil fine of $500 for each instance of failure to report.
In addition, any facility that willfully violates any of the requirements of this law would, upon conviction:
- In the case of a first violation, be subject to a civil fine of $1,000 for each instance of failure to report;
- Have its license suspended for a period of six months for the second violation; and
- Have its license suspended for a period of one year upon a third or subsequent violation.
The law amends state law regarding grounds for medical discipline to include the failure to comply with the abortion complications reporting act.
Sponsored by the house of delegates state affairs committee.
Similar to H 571.
Passed the house on March 1, 2018, by a 56-13 vote.
Passed the senate on March 14, 2018, by a 21-14 vote.
Signed into law by Gov. Butch Otter (R) on March 22, 2018.