(1) No facility operated at a public institution of higher education or operated by a public school district shall provide any of the following services to any person:
(a)  Providing or performing an abortion;
(b)  Counseling in favor of abortion;
(c)  Referring for abortion; or
(d)  Dispensing a drug classified as emergency contraception by the food and drug administration (FDA), except in the case of rape as defined in section 18-6101, Idaho Code.
(2)  No employee of a public institution of higher education or a public school, acting within the scope of such person’s employment, shall provide any of the following services to any person:
(a)  Providing or performing an abortion;
(b)  Counseling in favor of abortion;
(c)  Referring for abortion; or
(d)  Dispensing a drug classified as emergency contraception by the FDA, except in the case of rape as defined in section 18-6101, Idaho Code.
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Terms Used In Idaho Code 18-8707

  • Abortion: means the act of using or prescribing any instrument, medicine, drug, or any other substance, device, or means with the intent to terminate the clinically diagnosable pregnancy of a woman with knowledge that the termination by those means will, with reasonable likelihood, cause the death of the unborn child. See Idaho Code 18-8702
  • person: includes a corporation as well as a natural person;
Idaho Code 73-114
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories; and the words "United States" may include the District of Columbia and territories. See Idaho Code 73-114
    • (3)  The state department of education, state board of education, or other state agencies and local units of administration are prohibited from using state funds to provide or procure an abortion or distribute drugs classified as emergency contraception by the FDA, except in the case of rape as defined in section 18-6101, Idaho Code.