HB1477 (2022) Detail

Prohibiting abortions after detection of fetal heartbeat.


HB 1477-FN - AS INTRODUCED

 

 

2022 SESSION

22-2123

05/04

 

HOUSE BILL 1477-FN

 

AN ACT prohibiting abortions after detection of fetal heartbeat.

 

SPONSORS: Rep. Testerman, Merr. 2; Rep. Stapleton, Sull. 5; Rep. Baldasaro, Rock. 5; Rep. G. Sanborn, Graf. 6; Rep. Roy, Rock. 32; Rep. Greeson, Graf. 16

 

COMMITTEE: Judiciary

 

-----------------------------------------------------------------

 

ANALYSIS

 

This bill prohibits abortions after detection of a fetal heartbeat.

 

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

22-2123

05/04

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty Two

 

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, 2023.

 

LBA

22-2123

11/29/21

 

HB 1477-FN- FISCAL NOTE

AS INTRODUCED

 

AN ACT prohibiting abortions after detection of fetal heartbeat.

 

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

 

 

 

Estimated Increase / (Decrease)

STATE:

FY 2022

FY 2023

FY 2024

FY 2025

   Appropriation

$0

$0

$0

$0

   Revenue

$0

$0

$0

$0

   Expenditures

$0

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Funding Source:

  [ X ] General            [    ] Education            [    ] Highway           [    ] Other

 

 

 

 

 

METHODOLOGY:

This bill prohibits abortions after detection of a fetal heartbeat.  The Office of Professional Licensure indicates the fiscal impact of the bill cannot be determined.  The Office does not have information on how many abortions are typically performed in New Hampshire each year after detecting a fetal heartbeat.  The Office does not know how many physicians may violate the proposed statute, and therefore be subjected to disciplinary action under this proposed statute.

 

The Judicial Branch indicates under current law, disciplinary action taken under RSA 329:17 can be appealed to the Supreme Court.  The Judicial Branch cannot predict the number of cases that would be appealed.  The Branch assumes the changes to the law would result in additional litigation which would require additional judicial resources, but the additional number of cases that may be filed if this bill goes into effect, if any, cannot be predicted.

 

The Department of Justice states it would not be involved in investigations and/or prosecutions related to this bill.  Any appeals that come to the Department could be performed within the Department's current budget.  

 

AGENCIES CONTACTED:

Office of Professional Licensure and Certification, Judicial Branch and Department of Justice

 

Links


Date Body Type
Feb. 9, 2022 House Hearing
Feb. 18, 2022 House Exec Session
House Floor Vote

Bill Text Revisions

HB1477 Revision: 34133 Date: Dec. 3, 2021, 1:51 p.m.

Docket


March 16, 2022: Lay HB1477 on Table (Rep. M. Smith): MA RC 185-143 03/16/2022 HJ 7


March 3, 2022: Minority Committee Report: Ought to Pass


March 3, 2022: Majority Committee Report: Inexpedient to Legislate (Vote 11-10; RC)


Feb. 11, 2022: Executive Session: 02/18/2022 09:00 am LOB 206-208


Feb. 3, 2022: Public Hearing: 02/09/2022 10:00 am SH Reps Hall


Dec. 3, 2021: Introduced 01/05/2022 and referred to Judiciary