IAFP Reproductive Health Resources

IAFP Reproductive Health Overview

In anticipation of changes to reproductive health access in Idaho and across the United States, the IAFP formed a Reproductive Health Committee, made up of board members and members to prepare for these changes. See below for the latest updates to reproductive health access in Idaho, clinical resources, and legal resources for providers.

If you are a physician seeking legal support from an Idaho-based attorney regarding criminal defense, civil suits, employment issues, or professional licensure, contact Liz@idahoafp.org for a list of attorneys that are available to assist you.

Download this PowerPoint Explanation of Idaho’s Current Abortion Restrictions

Idaho’s Abortion Laws Need Clarification

IAFP Reproductive Health Handout

EMTALA Compliance

There is a stay on the portion of Idaho’s abortion laws that are subject to the federal Emergency Medical Treatment & Labor Act (EMTALA). EMTALA requires hospital medical staff to provide stabilizing treatment for patients with emergency medical conditions even when stabilizing treatment would require medical staff to perform an abortion and despite Idaho’s abortion statutes and a person’s ability to pay. If a hospital is unable to stabilize a patient within its capability, or if the patient requests, an appropriate transfer should be implemented.

Watch a full presentation on medical professional and hospital obligations under EMTALA from David R. Wright, Director of Quality, Safety & Oversight Group with the Center for Clinical Standards and Quality and the Center for Medicaid and Medicare Services below.

You can read the EMTALA Guidance Here.

You can report a potential EMTALA violation through the State Agencies here.

Instructions for filing a complaint in Idaho can be found here.

IAFP Reproductive Health Committee

The Reproductive Health Committee will serve to review evidence-based practices, educate IAFP members on reproductive health topics, and advocate for reproductive health access in Idaho. The committee is currently involved in:

• Supporting access to the full range of reproductive health services.
• Advocating for enhanced access to contraceptives for Idahoans to prevent unplanned pregnancies.
• Requesting increased efforts to provide sex education by the state of Idaho.
• Developing and distributing educational resources for our members and their patients experiencing unplanned pregnancies.

Resources for Physicians and Medical Professionals

The IAFP Reproductive Health Committee recommends the following resources for providers focused on updating contraceptive protocols, accessing more information to prevent unplanned pregnancies, accessing information about adoption, and supporting patients carrying unplanned pregnancies. More tools and resources will be shared on a regular basis.

A Quick Reference Guide to Providing Emergency Contraception in Idaho
Recording of Emergency Contraception Presentation from Dr. Loren Colson, July 15, 2022
One pager–Impacts of Idaho’s Trigger Law on Delivery of Care
Mandatory Reporting Guidance

Pregnancy Prevention

• Reproductive Care Clinical Workflow—Updated workflow for providing reproductive health care
• Contraception Toolkit—Provides a brief background on the history of contraception, offers provider-level information on contraceptives including oral, transdermal, intrauterine and emergency contraceptive methods, as well as links and information for patients to assist in choosing a contraceptive method.
• Central District Health Offering Free LARC Services
• Contraception Point-of-Care App for providers: iOS and Android

Adoption Resources

• Exploring the Pathways to Adoption Fact Sheet for Families – U.S. Department of Health and Human Services
• Adoption: Considering Your Options and Making a Plan Fact Sheet for Families  – U.S. Department of Health and Human Services

Abortion Resources

• Idaho Abortion Rights–Mutual Aid Collective and Options Resources
• Reproductive Health Access Project
• Guttmacher Institute: Interactive Map–Abortion Policies and Access in the United States
• American College of Obstetricians and Gynecologists (ACOG)
• Northwest Abortion Access Fund
• Pacific Abortion Project
• Report: The Post-Roe Landscape from MultiState
• Patient Confidentiality and Self-Managed Abortion: A Guide to Protecting Yourself and Your Patients

Federal Guidance

HHS Secretary Letter to Providers About Emergency Medical Care
President’s Executive Orders–Factsheet (July 2022)

IAFP Statements

IAFP Statement on Upholding the Physician-Patient Relationship (March 2022)

This statement was developed to respond to legislation in Idaho that would outlaw abortion after six weeks and allow family members of the person who received an abortion to sue their provider.  That legislation was passed but has been stayed by the Idaho Supreme Court and has not been implemented.

IAFP Statement in Response to the Supreme Court Decision on Roe v. Wade (June 2022)

This statement was developed in response to the Supreme Court decision overturning Roe v. Wade.

Statement by American College of Obstetricians and Gynecologist (ACOG)

Impacts of Supreme Court Decision on Roe v. Wade

• On June 24, 2022, the US Supreme Court overturned nearly 50 years of reproductive health policy regarding access to abortion. The decision allows states to determine the legality or illegality of abortion on a state-by-state basis.
• Idaho’s Legislature passed a “trigger” law in March of 2020 that makes abortion illegal if Roe v Wade is ever overturned. There are affirmative defenses to save a pregnant patient’s life and for rape and incest if the patient has previously reported the rape or incest to law enforcement and provided a copy of the report to the physician performing the abortion.
• Idaho’s Trigger Law (Total Abortion Ban) went into effect on August 25, 2022. On August 24, 2022 a federal judge temporarily blocked implementation of Idaho’s Total Abortion Ban to the extent it interferes with EMTALA. Performing an abortion in non-emergency situations remains unlawful. Idaho’s “Fetal Heartbeat” law, which outlaws abortion after 6-weeks went into effect on August 19, 2022 and is now superseded by the Total Abortion Ban. A stay on Idaho’s “Civil Penalties,” Texas-style bill, was lifted on August 12, 2022 and it is in effect.

Order From Judge Winmill Blocking a Portion of Idaho’s Abortion Ban

Legal Resources for Physicians and Medical Professionals

 

Resources and Policies from the AAFP on Reproductive Health

• 2022 AAFP Abortion Backgrounder
• AAFP Abortion-Related Policies
• Group of Six State Contacts