Idaho Code 18-8708 – Use of Public Facilities and Assets for Abortion Prohibited
Current as of: 2023 | Check for updates
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(1) No public institution, public facility, public equipment, or other physical asset owned, leased, or controlled by this state, a county, a city, a public health district, a public school district, or any local political subdivision or agency thereof shall be used for the purpose of providing, performing, or participating in an abortion.
(2) No public institution or facility shall lease, sell, or permit the subleasing of its facilities or property to any physician or health care facility for use in the provision or performance of abortion.
Terms Used In Idaho Code 18-8708
- 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
- Contract: A legal written agreement that becomes binding when signed.
- health care facility: means any public or private hospital, clinic, center, medical school, medical training institution, health care facility, physician’s office, infirmary, dispensary, ambulatory surgical treatment center, or other institution or location wherein health care is provided to any person. See Idaho Code 18-8702
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Property: includes both real and personal property. See 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 provisions of subsections (1) and (2) of this section shall not apply to:
(a) An abortion performed when the life of the mother is endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy itself;
(b) A hospital, as defined in section 39-1301, Idaho Code; or
(c) A contract or commercial transaction that is subject to a federal law related to medicaid.