Revision: June 19, 2025, 8:34 a.m.
June 18, 2025
2025-2862-CofC
05/08
Committee of Conference Report on HB 712-FN, limiting breast surgeries for minors.
Recommendation:
That the House recede from its position of nonconcurrence with the Senate amendment, and concur with the Senate amendment, and
That the Senate and House adopt the following new amendment to the bill as amended by the Senate, and pass the bill as so amended:
Amend RSA 359:52, VI as inserted by section 1 of the bill by replacing it with the following:
VI. “Transgender chest surgery” means surgery to remove the breasts of a biological female through mastectomy or to increase the size of breasts of a biological male through augmentation mammaplasty, except in cases where such surgery is physiologically necessary, or is reconstructive in nature. In this paragraph, "physiologically necessary" refers to interventions, procedures, medications, or therapies essential for maintaining or restoring normal physiological function, preventing life-threatening conditions, or ensuring survival by addressing critical bodily needs, such as stabilizing vital systems, correcting severe imbalances, or supporting essential biological processes.
Amend RSA 329:53, III as inserted by section 1 of the bill by replacing paragraph III with the following:
III. A violation of this subdivision is unprofessional conduct and is subject to discipline by the board of medicine under RSA 329, in conjunction with the office of professional licensure and certification under RSA 310. A violation of this subdivision shall not be grounds for additional civil liability, except as allowable by this subdivision and shall not be grounds for criminal liability.
IV. An individual under 18 years of age aggrieved by a violation of this subdivision may bring an action in the superior court for damages and injunctive relief against any person who has committed a violation of this subdivision.
V. An individual under 18 years of age may bring an action during their minority through a parent or next friend, or may bring an action in their own name upon reaching majority. A person shall bring a claim for a violation of this subdivision no later than 2 years after the minor aggrieved by violation reaches the age of majority.
VI. Notwithstanding any other provision of law, an action under this subdivision may be commenced, and relief may be granted, in a judicial proceeding without regard to whether the person commencing the action has sought or exhausted available administrative remedies.
VII. Notwithstanding RSA 507-E or any other provision of law, the plaintiff may recover damages for all injuries, including but not limited to any costs incurred for any subsequent procedures, therapies, prescriptions, or other treatments related to the unlawful medical procedure or treatment.
VIII. In any action or proceeding to enforce a provision of this subdivision, a prevailing party who establishes a violation of this subdivision shall recover reasonable attorneys’ fees.
IX.(a) The attorney general shall have authority to bring suit to enforce compliance with this subdivision.
(b) This subdivision shall not be construed to deny, impair, or otherwise affect any right or authority of the attorney general, the State of New Hampshire, or any agency, officer, or employee of the state, acting under any law other than this chapter, to institute or intervene in any proceeding.
Amend the bill by replacing section 14 with the following:
14 New Section; Collection and Reporting of Abortion Statistics. Amend RSA 329 by inserting after section 49 the following new section:
329:49-a Collection and Reporting of Abortion Statistics.
I. Any health care provider who performs an abortion as defined in RSA 132:32, I, shall report the following information in writing to the medical facility in which the abortion is performed:
(a) Date when the abortion was performed;
(b) County where the abortion was performed;
(c) Age group of the pregnant patient when the abortion was performed;
(d) Residence of patient as “in-state” or “out-of-state” when the abortion was performed;
(e) Method used to perform the abortion; and
(f) Estimated gestational age when the abortion was performed.
II. The aggregated report containing the information and data required by this section shall be transmitted by the medical facility to the department of health and human services. These reports shall not identify the patient or health care provider by name or include other personally identifiable information.
III. The commissioner of the department of health and human services shall prepare from these data such aggregated statistical trends and tables with respect to maternal health, abortion methods, and estimated gestational age, and shall make an annual aggregated report thereof to the general court.
IV. The commissioner of health and human services shall adopt rules, pursuant to RSA 541-A, relative to:
(a) The form in which data shall be filed under paragraph I.
(b) The cadence of reporting from medical facilities.
(c) Confidentiality of data collected and disclosed under this section subject to the provisions of this section.
(d) Procedures and written requirements for obtaining, using, and protecting data provided by the department of health and human services under this section.
V. Any medical facility that willfully fails to comply with the provisions of this section shall be subject to an administrative fine of $100 for each business day the facility remains in noncompliance. Any individual who knowingly and willfully provides false information pursuant to this section shall be guilty of a misdemeanor under RSA 638:3.
Amend paragraph III of section 15 of the bill by replacing it with the following:
III. Section 14 of this act shall take effect January 1, 2027.
The signatures below attest to the authenticity of this Report on HB 712-FN, limiting breast surgeries for minors.
Conferees on the Part of the Senate Conferees on the Part of the House
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Sen. Rochefort, Dist. 1 Rep. W. MacDonald, Rock. 16
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Sen. Birdsell, Dist. 19 Rep. Kesselring, Hills. 18
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Sen. Abbas, Dist. 22 Rep. Kofalt, Hills. 32
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Rep. Drew, Hills. 19