39-9303. DEFINITIONS. As used in this chapter:

(1) "Aborted infant" means a deceased unborn infant whose death was caused by abortion.

(2) "Abortion" has the same meaning as provided in section 18-604, Idaho Code.

(3) "Bodily remains" means the physical remains, body parts or tissue of a deceased unborn infant who has been expelled or extracted from the infant’s mother.

(4) "Experiment" or "experimentation" means the use of bodily remains, including embryonic stem cells, or the use of an unborn infant intended to be aborted, in any trial, test, procedure or observation carried out with the goal of verifying, refuting or establishing the validity of a hypothesis, but does not include:

(a) Diagnostic or remedial tests, procedures or observations that have the purpose of promoting the life or health of an unborn infant or of the mother of an unborn infant; or

(b) Pathological study.

(5) "Fetal death" means the death of an unborn infant prior to expulsion or extraction from the unborn infant’s mother, provided that the unborn infant reached a stage of development such that there are cartilaginous structures or fetal or skeletal parts. The unborn infant’s death is indicated by the fact that, after such expulsion or extraction, the unborn infant does not breathe or show any other evidence of life such as a heartbeat, pulsation of the umbilical cord or definite movement of voluntary muscles.

(6) "Final disposition" means the burial, cremation or other legal disposition of a deceased unborn infant.

(7) "Miscarriage" means the spontaneous or accidental death of an unborn infant in utero other than by induced abortion or stillbirth. The infant’s death is indicated by the fact that, after the expulsion or extraction of the unborn infant, the infant does not breathe or show any other evidence of life such as a heartbeat, pulsation of the umbilical cord or definite movement of voluntary muscles.

(8) "Pathological" means the examination of body tissue for diagnostic or forensic purposes and any related activities necessary to perform such a study. The term "study" includes any study or test, genetic or otherwise, to determine paternity or the cause of death.

(9) "Stillbirth" has the same meaning as provided in section 39-241, Idaho Code.

(10) "Unborn infant" has the same meaning as "fetus" and "unborn child" as provided in section 18-604, Idaho Code.

History:

[39-9303, added 2016, ch. 368, sec. 1, p. 1079.]