Proceedings in Civil Actions in Courts of Record
Chapter 3 - Parties to Actions
5-334. Act or Omission Preventing Abortion Not Actionable
(1) A cause of action shall not arise, and damages shall not be awarded, on
behalf of any person, based on the claim that but for the act or omission of
another, a person would not have been permitted to have been born alive but
would have been aborted.
(2) The provisions of this section shall not preclude causes of action based
on claims that, but for a wrongful act or omission, fertilization would not
have occurred, maternal death would not have occurred or handicap, disease,
defect or deficiency of an individual prior to birth would have been
prevented, cured or ameliorated in a manner that preserved the health and
life of the affected individual.
Crimes and Punishments
Abortion and Contraceptives
(1) As used in this section:
(a) "Abortifacient" means any drug that causes an abortion
as defined in 18-604, Idaho Code, emergency contraception or any drug the
primary purpose of which is to cause the destruction of an embryo or fetus.
(b) "Conscience" means the religious, moral or ethical
principles sincerely held by any person.
(c) "Embryo" means the developing human life from
fertilization until the end of the eighth week of gestation.
(d) "Fetus" means the developing human life from the start
of the ninth week of gestation until birth.
(e) "Health care professional" means any person licensed,
certified or registered by the state of Idaho to deliver health care.
(f) "Health care service" means an abortion, dispensation
of an abortifacient drug, human embryonic stem cell research, treatment
regimens utilizing human embryonic stem cells, human embryo cloning or end
of life treatment and care.
(g) "Provide" means to counsel, advise, perform, dispense,
assist in or refer for any health care service.
(h) "Religious, moral or ethical principles," "sincerely
held," "reasonably accommodate" and "undue hardship" shall be construed
consistently with Title VII of the federal civil rights act of 1964, as
(2) No health care professional shall be required to provide any health
care service that violates his or her conscience.
(3) Employers of health care professionals shall reasonably accommodate
the conscience rights of their employees as provided in this section, upon
advanced written notification by the employee. Such notice shall suffice
without specification of the reason therefor. It shall be unlawful for any
employer to discriminate against any health care professional based upon his
or her declining to provide a health care service that violates his or her
conscience, unless the employer can demonstrate that such accommodation
poses an undue hardship.
(4) No health care professional or employer of the health care
professional shall be civilly, criminally or administratively liable for the
health care professional declining to provide health care services that
violate his or her conscience, except for lifethreatening situations as
provided for in subsection (6) of this section.
(5) The provisions of this section do not allow a health care
professional or employer of the health care professional to refuse to
provide health care services because of a patient's race, color, religion,
sex, age, disability or national origin.
(6) If a health care professional invokes a conscience right in a
lifethreatening situation where no other health care professional capable of
treating the emergency is available, such health care professional shall
provide treatment and care until an alternate health care professional
capable of treating the emergency is found.
(7) Nothing in this section shall affect the rights of conscience
provided for in section 18-612, Idaho Code, to the extent that those rights
are broader in scope than those provided for in this section.
18-612. Refusal to Perform Abortions- - Physicians and Hospitals Not
Liable [Effective contingent on Governor's Proclamation]
Nothing in this act shall be deemed to require any hospital to furnish
facilities or admit any patient for any abortion if, upon determination by
its governing board, it elects not to do so. Neither shall any physician be
required to perform or assist in any abortion, nor shall any nurse,
technician or other employee of any physician or hospital be required by law
or otherwise to assist or participate in the performance or provision of any
abortion if he or she, for personal, moral or religious reasons, objects
thereto. Any such person in the employ or under the control of a hospital
shall be deemed to have sufficiently objected to participation in such
procedures only if he or she has advised such hospital in writing that he or
she generally or specifically objects to assisting or otherwise
participating in such procedures. Such notice will suffice without
specification of the reason therefor. No refusal to accept a patient for
abortion or to perform, assist or participate in any such abortion as herein
provided shall form the basis of any claim for damages or recriminatory
action against the declining person, agency or institution.