HB1475 (2020) Detail

Prohibiting abortions after detection of fetal heartbeat.


HB 1475-FN - AS INTRODUCED

 

 

2020 SESSION

20-2584

01/04

 

HOUSE BILL 1475-FN

 

AN ACT prohibiting abortions after detection of fetal heartbeat.

 

SPONSORS: Rep. Testerman, Merr. 2; Rep. Stapleton, Sull. 5

 

COMMITTEE: Judiciary

 

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ANALYSIS

 

This bill prohibits abortions after detection of a fetal heartbeat.

 

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

20-2584

01/04

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty

 

AN ACT prohibiting abortions after detection of fetal heartbeat.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

1  New Chapter; Prohibiting Abortions After Detection of a Fetal Heartbeat.  Amend RSA by inserting after chapter 132-A the following new chapter:

CHAPTER 132-B

PROHIBITING ABORTIONS AFTER DETECTION OF A FETAL HEARTBEAT

132-B:1  Definitions.  In this chapter:

I.  "Fetal heartbeat" means cardiac activity or the steady and repetitive rhythmic contraction of the fetal heart within the gestational sac.

II.  "Physician" means a person licensed to practice medicine under RSA 329.

III.  "Unborn human individual" means an individual organism of the species homo sapiens from fertilization until live birth.

132-B:2  Abortions Prohibited After Detection of Fetal Heartbeat: Exception.

I.  Except as provided in paragraph II or III of this section, no person shall knowingly perform an abortion on a pregnant woman with the specific intent of causing or abetting the termination of the life of the unborn human individual that the pregnant woman is carrying and whose fetal heartbeat has been detected.  Any person who acts based on the exception under paragraph II or III shall so note in the pregnant woman's medical records and shall specify in the pregnant woman's medical records which of the exceptions the person invoked.

II.(a)  A person shall not be in violation of paragraph I if the person performs a medical procedure designed to or intended, in that person's reasonable medical judgment, to prevent the death of a pregnant woman or to prevent a serious risk of the substantial and irreversible impairment of a major bodily function of the pregnant woman.

(b)  Any person who performs a medical procedure as described in subparagraph (a) shall declare in writing, under penalty of perjury, that the medical procedure was necessary, to the best of that person's reasonable medical judgment, to prevent the death of the pregnant woman or to prevent a serious risk of the substantial and irreversible impairment of a major bodily function of the pregnant woman.  That person shall also provide in that written document, under penalty of perjury, the medical condition of the pregnant woman that the medical procedure performed as described in subparagraph (a) will address, and the medical rationale for the conclusion that the medical procedure was necessary to prevent the death of the pregnant woman or to prevent a serious risk of the substantial and irreversible impairment of a major bodily function of the pregnant woman.

(c)  The person who performs a medical procedure under subparagraph (a) shall place the written documentation required under subparagraph (b) in the pregnant woman's medical records, and shall maintain a copy of the written documentation in the person's own records for at least 7 years.

(d)  A person shall not be in violation of paragraph I if that person has performed an examination for the presence of a fetal heartbeat in the unborn human individual using standard medical practice and that examination does not reveal a fetal heartbeat or the person has been informed by a physician who has performed the examination for a fetal heartbeat that the examination did not reveal a fetal heartbeat.

III.  This chapter shall not be construed to restrict or regulate the performance of an abortion by a particular method or during a particular stage of a pregnancy.

IV.  Any physician who performs an abortion in violation of this chapter shall be subject to disciplinary action under RSA 329.

2  New Subparagraph; Physicians and Surgeons; Disciplinary Actions.  Amend RSA 329:17, VI by inserting after subparagraph (l) the following new subparagraph:

(m)  Has performed an abortion on a pregnant woman after determining that the unborn human individual that a pregnant woman is carrying has a detectable heartbeat as provided in RSA 132-B.

3  Effective Date.  This act shall take effect January 1, 2021.

 

LBAO

20-2584

11/15/19

 

HB 1475-FN- FISCAL NOTE

AS INTRODUCED

 

AN ACT banning abortions after detection of fetal heartbeat.

 

FISCAL IMPACT:      [ X ] State              [    ] County               [    ] Local              [    ] None

 

 

 

Estimated Increase / (Decrease)

STATE:

FY 2020

FY 2021

FY 2022

FY 2023

   Appropriation

$0

$0

$0

$0

   Revenue

$0

Indeterminable

Indeterminable

Indeterminable

   Expenditures

$0

Indeterminable

Indeterminable

Indeterminable

Funding Source:

  [ X ] General            [    ] Education            [    ] Highway           [ X ] Other - Office of Professional Licensure and Certification Fund

 

 

 

 

 

METHODOLOGY:

This bill prohibits abortions after detection of a fetal heartbeat.  The bill also provides that the Board of Medicine, after a hearing, may take disciplinary action against any person licensed by the Board for violation of the proposed chapter.  The Department of Justice, Administrative Prosecutions Unit provides legal support to the Board of Medicine and those services are funded in the budget of the Office of Professional Licensure and Certification.  The Office indicates the average cost for an investigation by the Board of Medicine is $2,000.  The Board has no information on which to estimate the number of possible investigations, hearings, or disciplinary actions that may result from this bill.

 

The Department of Justice states it is unknown how many abortions are currently performed for the purpose outlined in the bill or how many licensees of the Board of Medicine currently carry out such procedures.  It is also unknown how many abortions would be performed that meet the exception outlined in the bill, but fail to satisfy the documentation requirements.  The Department assumes there would be some cases dealing with lacking or inadequate documentation for the exception, and whether the exception was met, based on whether or not the provider's medical judgment was reasonable.  These types of cases could impact the Administrative Prosecution Unit which provides legal counsel to the Board of Medicine.  Such impact is indeterminable.

 

The Office of Professional Licensure and Certification budget is funded by the office of professional licensure and certification fund.  Licensure, renewal and other fees paid by professionals licensed by the various regulatory boards are deposited into the fund.  At the close of each fiscal year the balance in the fund lapses to the general fund.

 

AGENCIES CONTACTED:

Office of Professional Licensure and Certification and Department of Justice

 

Links

HB1475 at GenCourtMobile
HB1475 Discussion

Action Dates

Date Body Type
Jan. 29, 2020 House Hearing
March 4, 2020 House Exec Session

Bill Text Revisions

HB1475 Revision: 7124 Date: Dec. 16, 2019, 3:22 p.m.

Docket

Date Status
Jan. 8, 2020 Introduced 01/08/2020 and referred to Judiciary HJ 1 P. 23
Jan. 29, 2020 ==ROOM CHANGE== Public Hearing: 01/29/2020 10:00 am Reps Hall
March 4, 2020 Executive Session: 03/04/2020 10:00 am LOB 208