ID H0366

Creates the "Fetal Heartbeat Preborn Child Protection Act" in Idaho Code Chapter 87, prohibiting abortion once a fetal heartbeat is detected, except in cases of medical emergency, rape, or incest.

Requires any person performing an abortion to test for fetal heartbeat and document the method, date, time, results, and estimated gestational age in the pregnant woman's medical record, except in medical emergencies.

Defines "fetal heartbeat" as embryonic or fetal cardiac activity within the gestational sac and "medical emergency" as a condition necessitating immediate abortion to avert death or serious impairment of major bodily function.

Establishes criminal penalties of 2-5 years imprisonment for intentionally, knowingly, and recklessly performing an abortion in violation of the law, with professional license suspension for minimum 6 months on first offense and permanent revocation on subsequent offenses.

Allows women to bring civil actions for damages against those who violate the law and becomes effective 30 days after a U.S. appellate court upholds a fetal heartbeat abortion restriction as constitutional.