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1 Statement of Finding. The general court finds that it is the purpose of the state of New Hampshire to assert a compelling state interest in protecting the lives of viable unborn fetuses.
2 New Chapter; Viable Fetus Protection Act. Amend RSA by inserting after chapter 132-A the following new chapter:
CHAPTER 132-B
VIABLE FETUS PROTECTION ACT
132-B:1 Title. This chapter shall be known and may be cited as the "viable fetus protection act."
132-B:2 Definitions. In this chapter:
I. "Abortion" means the use or prescription of any instrument, medicine, drug, or any other substance or device intentionally to terminate the pregnancy of a female known to be pregnant with an intention other than to increase the probability of a live birth, to preserve the life or health of the child after live birth, or to remove an ectopic pregnancy or the products from a spontaneous miscarriage.
II. "Viability" means the point in pregnancy when, in the good faith medical judgment of a physician, there is reasonable likelihood of the fetus' sustained survival outside the uterus without the application of extraordinary medical measures.
132-B:3 Abortion After Viability Prohibited; Exception.
I. The determination of viability shall be solely that of the treating physician after consultation with and examination of the pregnant woman.
II. No abortion shall be performed upon a pregnant woman after viability of the fetus except in the event of a medical emergency as defined in RSA 132:32, VIII, in cases of Twin to Twin Transfusion Syndrome, or to remove a fetus with severe anomalies incompatible with life.
III. The physician, when performing an abortion to preserve the life or health of the pregnant woman, shall make every effort to preserve the life of the viable fetus.
IV. All post-viability abortions shall be performed by a physician licensed pursuant to RSA 329.
132-B:4 Disciplinary Action. Any physician who performs an abortion in violation of this chapter shall be subject to disciplinary action under RSA 329.
3 Effective Date. This act shall take effect January 1, 2019.
Text to be added highlighted in green.
1 Statement of Finding. The general court finds that it is the purpose of the state of New Hampshire to assert a compelling state interest in protecting the lives of viable unborn fetuses.
2 New Chapter; Viable Fetus Protection Act. Amend RSA by inserting after chapter 132-A the following new chapter:
CHAPTER 132-B
VIABLE FETUS PROTECTION ACT
132-B:1 Title. This chapter shall be known and may be cited as the "viable fetus protection act."
132-B:2 Definitions. In this chapter:
I. "Abortion" means the use or prescription of any instrument, medicine, drug, or any other substance or device intentionally to terminate the pregnancy of a female known to be pregnant with an intention other than to increase the probability of a live birth, to preserve the life or health of the child after live birth, or to remove an ectopic pregnancy or the products from a spontaneous miscarriage.
II. "Viability" means the point in pregnancy when, in the good faith medical judgment of a physician, there is reasonable likelihood of the fetus' sustained survival outside the uterus without the application of extraordinary medical measures.
132-B:3 Abortion After Viability Prohibited; Exception.
I. The determination of viability shall be solely that of the treating physician after consultation with and examination of the pregnant woman.
II. No abortion shall be performed upon a pregnant woman after viability of the fetus except in the event of a medical emergency as defined in RSA 132:32, VIII, in cases of Twin to Twin Transfusion Syndrome, or to remove a fetus with severe anomalies incompatible with life.
III. The physician, when performing an abortion to preserve the life or health of the pregnant woman, shall make every effort to preserve the life of the viable fetus.
IV. All post-viability abortions shall be performed by a physician licensed pursuant to RSA 329.
132-B:4 Disciplinary Action. Any physician who performs an abortion in violation of this chapter shall be subject to disciplinary action under RSA 329.
3 Effective Date. This act shall take effect January 1, 2019.