Revision: June 3, 2021, 10:13 a.m.
Sen. Whitley, Dist 15
Sen. Cavanaugh, Dist 16
Sen. D'Allesandro, Dist 20
Sen. Kahn, Dist 10
Sen. Perkins Kwoka, Dist 21
Sen. Prentiss, Dist 5
Sen. Rosenwald, Dist 13
Sen. Sherman, Dist 24
Sen. Soucy, Dist 18
Sen. Watters, Dist 4
June 3, 2021
2021-1883s
06/10
Floor Amendment to HB 2-FN-A-LOCAL
Amend the bill by replacing section 39 with the following:
39 New Subdivision; Fetal Life Protection Act. Amend RSA 329 by inserting after section 42 the following new subdivision:
Fetal Life Protection Act
329:43 Definitions. In this subdivision:
I. “Abortion” means the act of using or prescribing any instrument, medicine, drug, or any other substance, device, or means with the intent to terminate the clinically diagnosable pregnancy of a woman with knowledge that the termination by those means will with reasonable likelihood cause the death of the fetus. Such use, prescription, or means is not an abortion if done with the intent to:
(a) Save the life or preserve the health of the fetus;
(b) Remove a dead fetus caused by spontaneous abortion; or
(c) Remove an ectopic pregnancy.
II. “Attempt to perform” means an act or omission of a statutorily required act that, under the circumstances as the actor believes them to be, constitutes a substantial step in a course of conduct planned to culminate in the performance or inducement of an abortion.
III. “Conception” means the fusion of a human spermatozoon with a human ovum.
IV. “Gestational age” means the time that has elapsed since the first day of the woman’s last menstrual period.
V. “Medical facility” means any public or private hospital, clinic, center, medical school, medical training institution, health care facility, physician’s office, infirmary, dispensary, ambulatory surgical treatment center, or other institution or location wherein medical care is provided to any person.
VI. “Health care provider” means any person who provides health care services. The term includes but is not limited to medical doctors, doctors of osteopathy, nurses, or any employee of a medical facility.
VII. “Pregnant” or “pregnancy” means the female reproductive condition of having one or more developing embryos or fetuses implanted in the uterus or elsewhere in the female body.
VIII. “Probable gestational age” means what, in reasonable medical judgment, will with reasonable probability be the gestational age of the fetus at the time the abortion is considered, performed, or attempted.
IX. “Reasonable medical judgment” means that medical judgment that would be made by a reasonably prudent physician in the community, knowledgeable about the case and the treatment possibilities with respect to the medical conditions involved.
X. “Fetus” means an unborn offspring, from the embryo stage which is the end of the twentieth week after conception or, in the case of in vitro fertilization, the end of the twentieth week after implantation, until birth.
329:44 Prohibition.
I. Except in cases of rape, in cases of incest, or to preserve the life or health of the pregnant woman, no abortion shall be performed, induced, or attempted by any health care provider unless a health care provider has first made a determination of the probable gestational age of the fetus.
II. Except in cases of rape, in cases of incest, or to preserve the life or health of the pregnant woman, no health care provider shall knowingly perform, induce, or attempt to perform an abortion upon a pregnant woman when the probable gestational age of her fetus has been determined to be at least 24 weeks or in the absence of a determination by a health care provider pursuant to paragraph I as to the fetus’ probable gestational age.
329:45 Reporting.
I. Any health care provider who performs an abortion under this subdivision shall report, in writing, to the medical facility in which the abortion is performed the reason for the determination that a medical emergency existed. The health care provider’s written report shall be included in a written report from the medical facility to the department of health and human services. If the abortion is not performed in a medical facility, the health care provider shall report, in writing, the reason for the determination that a medical emergency existed to the department of health and human services as part of the written report made by the health care provider to the department. The health care provider and the medical facility shall retain a copy of the written reports required under this section for not less than 5 years.
329:46 Criminal Penalties. Any health care provider who knowingly performs or induces an abortion in violation of RSA 329:44, II may be guilty of a misdemeanor.
329:47 Review by New Hampshire Board of Medicine.
I. A defendant health care provider accused of violating this subdivision may seek a hearing before the board of medicine as to whether the health care provider’s conduct was necessary to preserve the life or health of the pregnant woman
II. The findings on this issue are admissible at the criminal and civil trials of the defendant. Upon a motion of the defendant, the court shall delay the beginning of the trial for not more than 30 days to permit such a hearing to take place.
329:48 Construction. Nothing in this subdivision shall be construed as creating or recognizing a right to abortion.
329:49 Severability. If any provision of this subdivision or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the subdivision which can be given effect without the invalid provision or application, and to this end the provisions of this subdivision are declared to be severable.
2021-1883s
AMENDED ANALYSIS
Replace paragraph 16:
16. Prohibits the distribution of state funds awarded by the department of health and human services to a reproductive health care facility for provision of abortion services, and prohibits a health care provider from performing an abortion if the gestational age of the fetus is at least 24 weeks, except in cases of incest or rape or to preserve the life or health of the pregnant woman.