Revision: May 5, 2022, 3:28 p.m.
Sen. Sherman, Dist 24
May 5, 2022
2022-1979s
05/04
Floor Amendment to HB 1625
Amend the title of the bill by replacing it with the following:
AN ACT relative to access to abortion care and relative to the scope of the fetal life protection act.
Amend the bill by replacing all after section 2 with the following:
3 Fetal Life Protection Act; Prohibitions; Exceptions; Ultrasound Examination Requirement. Amend RSA 329:44, I and II to read as follows:
I. Except in the case of a pregnancy that results from felonious sexual assault, as defined in RSA 632-A:2 or RSA 632-A:3 or incest or a medical emergency as specifically defined in paragraph III, 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. In making such a determination, the health care provider shall make such inquiries of the pregnant woman and perform or cause to be performed all such medical examinations, imaging studies, and tests as a reasonably prudent health care provider in the community, knowledgeable about the medical facts and conditions of both the woman and the fetus involved, would consider necessary to perform and consider in making an accurate diagnosis with respect to gestational age, provided, however, that the health care provider shall conduct an obstetric ultrasound examination of the patient for the purpose of making the determination. This subdivision shall be construed to require the performance of an ultrasound only if the provider either knows that the fetus has a gestational age of at least 24 weeks or is conscious of a substantial risk that the fetus has a gestational age of at least 24 weeks.
II. Except in the case of felonious sexual assault, as defined in RSA 632-A:2 or RSA 632-A:3 or incest or a medical emergency as specifically defined in paragraph III, 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.
4 Repeal. The following are repealed:
I. RSA 329:46, establishing criminal penalties against health care providers for violation of the fetal life protection act.
II. RSA 329:47, establishing civil remedies against health care providers for violation of the fetal life protection act.
III. RSA 329:48, relative to review by the board of medicine.
5 Effective Date. This act shall take effect upon its passage.
2022-1979s
AMENDED ANALYSIS
This bill establishes the New Hampshire access to abortion care act.
The bill also expands the circumstances under which an abortion may be performed after 24 weeks to include rape and incest, construes the ultrasound requirement, and repeals the criminal, civil, and administrative penalties for violation of the fetal life protection act.