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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.
Text to be added highlighted in green.
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.