Capable of Learning

Planaria and Idaho legislators are capable of learning. After the Dobbs decision, Idaho like many other states prohibited abortion. Because of how they wrote the law, some non-abortive procedures such as D&C after miscarriage or where there was no fetal heartbeat became illegal.  Ob-Gyns deserted Idaho rapidly because they perceived a very real risk that these procedures might lead to prosecution.  

Why did they write the law this way? Because pre-Roe, there were states that banned abortion like Oregon that had astonishingly high rates of "therapeutic abortions" to save the life of the mother: in one of those years, there were 166 such abortions for every 1000 live births. I am guessing that many ob-gyns were doing abortions to save Mom and Dad from the embarrassment that Janie was sweet talked out of her clothes by some clever predator. 

Anyway: this is not the first time bad writing has needed correction. In 1776, New York State made Sodom a capital crime. The next year, they revised the statute to clarify that this only applied to consensual sodomy. I wonder if some really horrible case raised such an issue.

So I was curious is this was fixed. SuperGrok, was this fixed?

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Yes, Idaho revised its abortion law in 2023 (effective July 1) to explicitly clarify that certain non-abortion procedures, including D&Cs for miscarriages or incomplete pregnancies, are not considered abortions and are therefore allowed.132b99

Key Details from the Amendment (to Idaho Code § 18-622 and related definitions in § 18-604)

The legislature amended the definition of "abortion" to exclude:

The removal of a dead unborn child (this covers D&Cs or similar procedures after a miscarriage or fetal demise where there is no cardiac activity).

The treatment of a woman who is no longer pregnant (this addresses post-miscarriage care or incomplete abortions/miscarriages).

Removal of an ectopic or molar pregnancy.

Contraception (e.g., IUDs or birth control pills).5de97a

This was done via House Bill 374 (2023), which shifted some prior "affirmative defenses" into clearer exclusions from the definition of abortion. Medical sources (e.g., Abortion Defense Network summaries) confirm this means treatments for miscarriage with no cardiac activity—including medications, D&C, D&E, or labor induction—are not prohibited under Idaho's abortion bans.6ddc46

Context and Limitations

Pre-2023 concerns: After Dobbs (2022), Idaho's near-total ban (the "Defense of Life Act," triggered post-Roe) created uncertainty for providers. Some feared that D&Cs (a common procedure also used in abortions) could be interpreted as illegal abortions, even for miscarriages. The 2023 fix addressed this by narrowing what counts as a criminal "abortion."b59188

Ongoing strictness: The core ban remains—one of the strictest in the U.S.—with abortions generally prohibited except to prevent the death of the pregnant woman (in good-faith medical judgment) or in limited first-trimester rape/incest cases (with reporting requirements). Court rulings have somewhat broadened the life exception (e.g., non-imminent but elevated risk of death), but it does not cover general health exceptions or fatal fetal anomalies unless they threaten the mother's life.26232a

Practical notes: Providers still emphasize careful documentation. Some patients have reported delays or transfers for miscarriage care due to caution, but the law itself now clearly permits indicated D&Cs for non-viable pregnancies.9a0b19

In short, the 2023 revision directly responded to ambiguities around procedures like non-abortion D&Cs by carving them out of the abortion definition. For the most current interpretation, consult the full Idaho Code or a qualified attorney, as enforcement can involve case-by-case medical judgment.