39-803. REPRODUCTIVE FREEDOM AND PRIVACY ACT

1. This act establishes a right to make private reproductive health care decisions, including abortion up to fetal viability and in medical emergencies.

2. Notwithstanding any other provision of law to the contrary:
a. Every person has the right to reproductive freedom and privacy, which is the right to
make personal decisions about reproductive health care that directly impact the person’s
own body, including but not limited to the right to make decisions about:

i. Abortion;
ii. Childbirth care;
iii. Contraception;
iv. Fertility treatment;
v. Miscarriage care; and
vi. Prenatal, pregnancy, and postpartum care.

b. The right to reproductive freedom and privacy includes the right of privacy in making
personal decisions about reproductive health care in consultation with a health care
provider.
c. A person’s voluntary exercise of the right to reproductive freedom and privacy shall not
be burdened, interfered with, discriminated against, deprived, or prohibited by the state,
directly or indirectly, in any manner, unless such state action is narrowly tailored to
improve or maintain the health of the person seeking reproductive health care through the least restrictive means.
d. Any person or entity may voluntarily advise, assist, facilitate, inform, refer, or otherwise
aid another person exercising the right to reproductive freedom and privacy, and the
state shall not burden, interfere with, discriminate against, deprive, or prohibit such acts,
directly or indirectly, in any manner, unless such state action is narrowly tailored to
improve or maintain the health of the person seeking reproductive health care through
the least restrictive means.
e. In no case may reproductive health care provided consistent with this act by a health
care provider be a basis for professional discipline, civil liability, or criminal liability as
to a health care provider solely on the basis that the health care provider knowingly
advised, assisted, facilitated, informed, referred, or otherwise aided a person in
exercising their right to reproductive freedom and privacy.

3. Provided further that as this act specifically applies to abortion:

a. After the point of fetal viability, it shall not be a violation of the right to reproductive
freedom and privacy for the state to regulate abortion, except in cases of medical
emergency.

4. The provisions of this act are to be liberally construed in favor of reproductive freedom and
privacy and are intended to control over any other section of Idaho Code, consistent with the
following:

a. Nothing in this act shall be construed to limit any right or access to reproductive health
care, including but not limited to abortion, that currently exists or is otherwise provided
for or guaranteed by law.
b. This act does not create a financial obligation on the state, its agencies, or their programs
to pay for, fund, or subsidize the reproductive health care protected by this act.
c. Nothing in this act will be deemed to bar or otherwise apply to a claim of medical
malpractice against a health care provider for failing to comply with the applicable
community standard of health care practice, as set forth in Section 6-1012, Idaho Code.
d. Nothing in this act will infringe on the protections and accommodations regarding a
health care provider’s freedom of conscience, as set forth in Section 18-611, Idaho Code.
e. If the application of any provision of this act is declared invalid for any reason including
by the application thereof, such invalidity shall not affect the validity of the remaining
portions of the act that can be given effect without the invalid provision or application,
and to this end the provisions of this act are severable.

5. Definitions. As used in this act:
a. “Abortion” means a medical treatment that is intended to terminate a pregnancy.
b. “Childbirth care” means the medical treatment provided by health care providers in the
processes of labor and delivery, including all stages of labor, the act of giving birth, and
any medical procedures related to the delivery of a child, whether by vaginal birth or
cesarean section.
c. “Contraception” means any act of preventing pregnancy including the use of any device,
drug, procedure, or biological product intended for use in the prevention of pregnancy.
d. “Fetal viability” means the point in a pregnancy when, on the basis of a physician’s good
faith medical judgment, based on the facts known at the time, and determined on a caseby-case basis, the fetus has a significant likelihood of sustained survival outside of the
uterus without extraordinary medical measures.
e. “Fertility Treatment” means the treatment of infertility and related conditions, including
but not limited to assisted reproductive technology and in vitro fertilization.
f. “Health care provider” means a licensed person or an entity that provides health care or
medical treatment.
g. “Medical emergency” means a physical medical condition that, on the basis of a
physician’s good faith medical judgment, based on the facts known at the time, and
determined on a case-by-case basis, complicates the physical medical condition of a
pregnant patient as to warrant an abortion:

i. To protect a pregnant patient’s life; or
ii. For which a delay may:
a. Place the health of a pregnant patient in serious jeopardy;
b. Cause serious impairment to a bodily function of a pregnant
patient; or
c. Cause serious dysfunction of any bodily organ or part of a
pregnant patient’s body.

h. “Miscarriage care” means the treatment and management of pregnancy loss.
i. “Physician” means a person licensed to practice medicine and/or surgery or osteopathic
medicine and surgery in this state as provided in Chapter 18, Title 54. A physician is a
health care provider as defined in this act.
j. “Prenatal, pregnancy, and postpartum care” means health care and other medical
services provided before, during, and after childbirth, including but not limited to exams,
treatments, diagnostic testing, postpartum recovery and support, and any other care
necessary for the health of the patient.
k. “Reproductive health care” means health care and other medical services related to the
reproductive processes, functions, and systems. It includes but is not limited to abortion,
contraception, childbirth, fertility treatment, miscarriage care, and prenatal, pregnancy,
and postpartum care.

SECTION 2. This act shall be in full force and effect on and after January 1, 2027.