Idaho Code

Idaho Code § 18-8704 (2026)

Contracts for Abortion Procedures Prohibited.

✓ current as of May 2026

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Contracts for Abortion Procedures Prohibited.

(1) No health care facility owned or operated by the state, a county, a city, a public health district, a public school district, or any political subdivision or agency thereof shall enter into any contract or commercial transaction with any health care provider or health care facility under the terms of which such health care provider or health care facility agrees to provide, perform, or induce an abortion, except 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.

(2) Subsection (1) of this section shall not apply to:

(a) A contract or commercial transaction that is subject to a federal law related to medicaid; or

(b) A hospital, as defined in section 39-1301, Idaho Code.

Notes of Decisions

Cited in 2 cases (2 in the last 5 years), 2022–2023 · leading case: Planned Parenthood v. State of Idaho, 532 P.3d 801 (Idaho 2022).

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Planned Parenthood v. State of Idaho, 532 P.3d 801 (Idaho 2022). · cites it 4× “I.C. § 18-8704 (2021). In its original form, the Act also provided a private cause of action for a woman who underwent an abortion to recover damages from medical professionals who intentionally, knowingly, and recklessly violated the Act.”

Planned Parenthood Great Nw. v. State (Idaho 2023). · cites it 2× “See I.C. § 18-8704 (2021). In its original form, the Fetal Heartbeat Act also provided a private cause of action for a woman who underwent an abortion to recover damages from medical professionals who intentionally, knowingly, and recklessly violated the Act.”

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