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Idaho

Biased Counseling & Mandatory Delay

A woman may not obtain an abortion until the physician provides her with an "accurate and substantially complete explanation" of:  (1) a description of the proposed procedure; (2) any reasonably foreseeable complications and risks associated with the proposed procedure, including those related to future reproductive health; and (3) the comparable risks associated with each alternative to such procedure, including childbirth and adoption. 

In addition, a woman may not obtain an abortion until, if reasonably possible, at least 24 hours after she has been provided with "non-misleading and medically accurate" state-prepared materials that must include:  (1) photographs of a fetus and descriptions of its anatomical and physiological characteristics at two-week intervals; (2) a description of services available to assist a woman throughout pregnancy, upon childbirth, and while a child is dependent, including adoption services, and a comprehensive list of public and private agencies providing such services; (3) descriptions of the procedures used at the various stages of pregnancy; and (4) foreseeable risks and complications of the procedures, including those related to subsequent childbearing.

Idaho Code §§ 18-604, -609 (Enacted 1973; Last Amended 2007).

The Idaho attorney general has issued an opinion stating that the state-prepared materials provision, including the 24-hour waiting period, is constitutional.  Idaho Op. Att'y Gen. No. 93-1 (Feb. 10, 1993).


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