HB 1399-FN - AS INTRODUCED
2016 SESSION
\t16-2392
\t01/04
HOUSE BILL\t1399-FN
AN ACT\trequiring licensure of outpatient abortion clinics.
SPONSORS:\tRep. Souza, Hills. 43; Rep. Gould, Hills. 7; Rep. Notter, Hills. 21; Rep. Baldasaro, Rock. 5; Rep. Berube, Straf. 18; Rep. Cordelli, Carr. 4; Rep. Itse, Rock. 10; Rep. Murphy, Hills. 7; Sen. Daniels, Dist 11; Sen. Cataldo, Dist 6
COMMITTEE:\tJudiciary
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ANALYSIS
\tThis bill requires licensing of outpatient abortion facilities by the department of health and human services.
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Explanation:\tMatter added to current law appears in bold italics.
\t\tMatter removed from current law appears [in brackets and struckthrough.]
\t\tMatter which is either (a) all new or (b) repealed and reenacted appears in regular type.
\t16-2392
\t01/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Sixteen
AN ACT\trequiring licensure of outpatient abortion clinics.
Be it Enacted by the Senate and House of Representatives in General Court convened:
\t\tI. The general court finds that:
\t\t\t(a) Abortion is an invasive, surgical procedure that can lead to numerous and serious medical complications. Potential complications for first trimester abortions include, among others, bleeding, hemorrhage, infection, uterine perforation, blood clots, cervical tears, incomplete abortion (retained tissue), failure to actually terminate the pregnancy, free fluid in the abdomen, acute abdomen, missed ectopic pregnancies, cardiac arrest, sepsis, respiratory arrest, reactions to anesthesia, fertility problems, emotional problems, and even death.
\t\t\t(b) “The medical, emotional, and psychological consequences of an abortion are serious and can be lasting ....” H.L. v. Matheson, 450 U.S. 398, 411 (1981).
\t\t\t(c) The state of New Hampshire “has legitimate interests from the outset of pregnancy in protecting the health of women.” Planned Parenthood of Southeastern Pennsylvania v. Casey, 505 U.S. 833, 847 (1992).
\t\t\t(d) Since the Supreme Court’s decision in Roe v. Wade, courts have recognized that for the purposes of regulation, abortion services are rationally distinct from other routine medical services, because of the “particular gravitas of the moral, psychological, and familial aspects of the abortion decision.” Greenville Women’s Clinic v. Bryant, 222 F.3d 157, 173 (4th Cir. 2000), cert. denied, 531 U.S. 1191 (2001).
\t\tII. Based on the fact that New Hampshire provides safeguards for women’s health through the licensing of hospitals, ambulatory surgical centers, walk-in care centers, birthing clinics, and other facilities providing medical services, it is the purpose of this act to further protect women’s health by the licensing of abortion clinics.
\t2 New Subparagraph; Licensure of Outpatient Abortion Facilities Required. Amend RSA 151:2, I by inserting after subparagraph (f) the following new subparagraph:
\t\t\t(g) Outpatient abortion clinics. For the purposes of this subparagraph "abortion clinic" means a facility, other than an accredited hospital, in which 5 or more first trimester abortions in any month or any second or third trimester abortions are performed.
\t3 Effective Date. This act shall take effect January 1, 2017.
\t\t\t\t\t\t\t\t\t\t\t16-2392
\t\t\t\t\t\t\t\t\t\t\t11/5/15
HB 1399-FN- FISCAL NOTE
AN ACT\trequiring licensure of outpatient abortion clinics.
FISCAL IMPACT:
The Department of Health and Human Services states this bill, as introduced, will have an indeterminable impact on state general fund expenditures in FY 2017 and each year thereafter. There will be no impact on county or local expenditures, or state, county, or local revenue.
METHODOLOGY:
The Department of Health and Human Services states this bill requires the licensing of all outpatient abortion clinics. The Department's Health Facility Licensing Unit currently does not license outpatient clinics other than non-emergency walk-in care centers. Therefore, this bill establishes a new licensing category. Under the terms of the bill, physicians' offices will be considered outpatient abortion clinics if five or more first trimester abortions in any month or any second or third trimester abortions are performed in said offices. Consequently, the Department states there will be an increase in state expenditures resulting from the need to inspect such facilities. The amount of the increase is indeterminable due to the Department's inability to estimate the number of facilities that would qualify as outpatient abortion clinics under the terms of the bill. The Department notes that while it typically charges a license fee in order to partially offset the costs associated with licensure functions, this bill does not amend RSA 151:5 to add a license fee for outpatient abortion clinics.