Revision: May 7, 2025, 12:49 p.m.
Senate Health and Human Services
May 7, 2025
2025-1982s
05/11
Amendment to HB 606
Amend the title of the bill by replacing it with the following:
AN ACT relative to a patient's right to appropriate reproductive care for medical conditions.
Amend the bill by replacing all after the enacting clause with the following:
1 New Section; Physicians and Surgeons; Right to Appropriate Reproductive Care for Medical Conditions. Amend RSA 329 by inserting after section 31-b the following new section:
329:31-c Right to Appropriate Reproductive Care for Medical Conditions.
I. If a patient who is 18 years of age or older has a medical condition for which a medically advisable course of treatment or precautionary measure may include a procedure, medication, or treatment that leaves the patient sterile or unable to have children, the physician shall not deny the treatment on the basis of age, number of children, marital status, or fertility goals contrary to the patient's statement. The physician may require the patient to sign an informed consent and waive all damages from the procedure related to sterilization. A physician who violates this right may be subject to disciplinary action by the board of medicine.
II. A patient who has signed an informed consent or a waiver and proceeds with appropriate reproductive care for a medical condition shall have no civil right of action against any health care provider or health care institution on the basis of the patient being rendered sterile or unable to have children. This paragraph shall not provide immunity against any purposeful, reckless, or negligent act of a health care provider or health care institution.
III. For purposes of this section, "medical condition" means any disease, disorder, syndrome, symptoms, genetic predisposition or family medical history, or the state of being medicated, that either affect the reproductive system, or make reproduction not advisable either for the medical interest of the patient or for potential children. "Appropriate reproductive care for a medical condition" shall include the following: a hysterectomy (uterus), oophorectomy (ovaries), orchiectomy (testicles), salpingectomy (fallopian tubes), endometrial ablation, or medications that may affect fertility. For the purposes of this section, gender dysphoria shall not be considered a medical condition that affects the reproductive system or makes reproduction inadvisable; however, a patient who has a medical condition as defined in this paragraph shall not be denied a sterilizing treatment on the basis of having gender dysphoria.
IV. A patient who has been denied appropriate reproductive care for a medical condition as defined in paragraph III may seek review of the decision by the board of medicine within 3 years of the last denial to determine whether the denial was consistent with this section. A violation of this section shall be subject to review and disciplinary action by the board of medicine in conjunction with the office of professional licensure and certification under RSA 310, and shall not be subject to further civil liability or criminal penalty.
2 New Paragraph; Board of Medicine; Rulemaking; Denial of Appropriate Reproductive Care for Medical Conditions. Amend RSA 329:9 by inserting after paragraph XXI the following new paragraph:
XXII. Review of complaints asserting a violation of RSA 329:31-c, relative to appropriate reproductive care for medical conditions, including disciplinary proceedings under RSA 310:10 and assessment of fines under RSA 310:12.
3 Effective Date. This act shall take effect 60 days after its passage.
2025-1982s
AMENDED ANALYSIS
This bill affirms a patient's right to receive appropriate reproductive care for a medical condition when such care may include a procedure or medication that leaves the patient sterile or unable to have children.