Bill Text: NH HB1625 | 2016 | Regular Session | Amended
Bill Title: Relative to banning abortion after viability.
Spectrum: Partisan Bill (Republican 5-0)
Status: (Introduced - Dead) 2016-03-10 - Reconsider (Rep. Eaton): Motion Failed Regular Calendar 134-167 03/09/2016 House Journal 23 P. 171 [HB1625 Detail]
Download: New_Hampshire-2016-HB1625-Amended.html
HB 1625-FN AS AMENDED BY THE HOUSE
09Mar2016... 0869h
2016 SESSION
16-2085
01/09
HOUSE BILL 1625-FN
AN ACT relative to banning abortion after viability.
SPONSORS: Rep. Murphy, Hills. 7; Rep. Notter, Hills. 21; Rep. D. McGuire, Merr. 21; Sen. Avard, Dist 12; Rep. Seidel, Hills. 28
COMMITTEE: Judiciary
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ANALYSIS
This bill prohibits an abortion of a viable unborn child, except in cases of medical emergency.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
09Mar2016... 0869h 16-2085
01/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Sixteen
AN ACT relative to banning abortion after viability.
Be it Enacted by the Senate and House of Representatives in General Court convened:
I. Children have been born as early as 21 weeks and 5 days gestation, and as small as 8.6 ounces, and lived healthy, fulfilling lives.
II. It is the purpose of the state of New Hampshire to assert a compelling state interest in protecting the lives of viable unborn children.
2 New Chapter; Viable Unborn Child Protection Act. Amend RSA by inserting after chapter 132-A the following new chapter:
CHAPTER 132-B
VIABLE Unborn Child Protection Act
132-B:1 Definitions. In this chapter:
I. “Abortion” means:
(a) The act of using or prescribing any instrument, device, medicine, drug, or any other means or substance with the intent to destroy the life of an embryo or fetus in his or her mother’s womb; or
(b) The intentional termination of the pregnancy of a mother by using or prescribing any instrument, device, medicine, drug, or other means or substance with an intention other than to increase the probability of a live birth or to remove a dead or dying unborn child;
II. “Abortion facility” means a clinic, physician’s office, or any other place or facility in which abortions are performed or induced other than a hospital.
III. “Conception” means the fertilization of the ovum of a female by a sperm of a male.
IV. “Department” means the department of health and human services.
V. “Gestational age” means length of pregnancy as measured from the first day of the woman’s last menstrual period.
VI. “Major bodily function” means, but is not limited to, functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions.
VII. “Medical emergency” means a condition which, based on reasonable medical judgment, so complicates the medical condition of a pregnant woman as to necessitate the immediate abortion of her pregnancy to avert the death of the pregnant woman or for which a delay will create a serious risk of substantial and irreversible physical impairment of a major bodily function of the pregnant woman.
VIII. “Physician” means any person licensed to practice medicine under RSA 329.
IX. “Reasonable medical judgment” means a medical judgment that would be made by a reasonably prudent physician, knowledgeable about the case and the treatment possibilities with respect to the medical conditions involved.
X. “Unborn child” means the offspring of human beings in the womb.
Amend RSA 132-B:2, II(b) and (c) as inserted by section 2 of the bill by replacing it with the following:
(b) If the physician determines that the gestational age of the unborn child is 21 weeks or more, prior to performing or inducing an abortion upon the woman, the physician shall determine if the unborn child is viable by using and exercising that degree of care, skill, and proficiency commonly exercised by a skillful, careful, and prudent physician. In making this determination of viability, the physician shall perform or cause to be performed such medical examinations and tests as are necessary to make a finding of the gestational age, weight, and lung maturity of the unborn child and shall enter such findings and determination of viability in the medical record of the woman.
(c) If the physician determines that the gestational age of the unborn child is 21 weeks or more, and further determines that the unborn child is not viable and performs or induces an abortion upon the woman, the physician shall report such findings and determinations and the reasons for such determinations to the health care facility in which the abortion is performed and to the board of medicine, and shall enter such findings and determinations in the medical records of the woman and in the individual abortion report submitted to the department under paragraph III.
XI. “Viability” or “viable” means that stage of fetal development when the life of the unborn child may be continued indefinitely outside the womb by natural or artificial life-supportive systems.
132-B:2 Abortion of Viable Unborn Child Prohibited; Exceptions; Physician Duties; Report.
I. Except in the case of a medical emergency, no abortion of a viable unborn child shall be performed or induced unless the abortion is necessary to preserve the life of the pregnant woman whose life is endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy itself, or when continuation of the pregnancy poses a serious risk of substantial and irreversible physical impairment of a major bodily function of the pregnant woman.
II. Except in the case of a medical emergency:
(a) Prior to performing or inducing an abortion upon a woman, the physician shall determine the gestational age of the unborn child in a manner consistent with accepted obstetrical and neonatal practices and standards. In making such determination, the physician shall make such inquiries of the pregnant woman and perform or cause to be performed such medical examinations, imaging studies, and tests as a reasonably prudent physician, knowledgeable about the medical facts and conditions of both the woman and the unborn child involved, would consider necessary to perform and consider in making an accurate diagnosis with respect to gestational age.
(b) If the physician determines that the gestational age of the unborn child is 20 weeks or more, prior to performing or inducing an abortion upon the woman, the physician shall determine if the unborn child is viable by using and exercising that degree of care, skill, and proficiency commonly exercised by a skillful, careful, and prudent physician. In making this determination of viability, the physician shall perform or cause to be performed such medical examinations and tests as are necessary to make a finding of the gestational age, weight, and lung maturity of the unborn child and shall enter such findings and determination of viability in the medical record of the woman.
(c) If the physician determines that the gestational age of the unborn child is 20 weeks or more, and further determines that the unborn child is not viable and performs or induces an abortion upon the woman, the physician shall report such findings and determinations and the reasons for such determinations to the health care facility in which the abortion is performed and to the board of medicine, and shall enter such findings and determinations in the medical records of the woman and in the individual abortion report submitted to the department under paragraph III.
(d) If the physician determines that the unborn child is viable, the physician shall not perform or induce an abortion upon the woman except as described in RSA 132-B:2, I.
(e) Before a physician proceeds with performing or inducing an abortion upon a woman when it has been determined that the unborn child is viable, the physician shall first certify in writing the medical threat posed to the life of the pregnant woman, or the medical reasons that continuation of the pregnancy would cause a serious risk of substantial and irreversible physical impairment of a major bodily function of the pregnant woman. Upon completion of the abortion, the physician shall report the reasons and determinations for the abortion of a viable unborn child to the health care facility in which the abortion is performed and to the board of medicine, and shall enter such findings and determinations in the medical record of the woman and in the individual abortion report submitted to the department under paragraph III.
(f) Before a physician proceeds with performing or inducing an abortion upon a woman when it has been determined that the unborn child is viable, the physician who is to perform the abortion shall obtain the agreement of a second physician with knowledge of accepted obstetrical and neonatal practices and standards who shall concur that the abortion is necessary per RSA 132-B:2, II(e). This second physician shall also report such reasons and determinations to the health care facility in which the abortion is to be performed and to the board of medicine, and shall enter such findings and determinations in the medical record of the woman and the individual abortion report submitted to the department. The second physician shall not have any legal or financial affiliation or relationship with the physician performing or inducing the abortion, except that such prohibition shall not apply to physicians whose legal or financial affiliation or relationship is a result of being employed by or having staff privileges at the same hospital, physician network, or hospital network.
(g) Any physician who performs or induces a termination of pregnancy upon a woman when it has been determined that the unborn child is viable shall utilize the available method or technique of the termination of the pregnancy most likely to preserve the life or health of the unborn child. In cases where the method or technique of the termination of the pregnancy most likely to preserve the life or health of the unborn child would present a greater risk to the life or health of the woman than another legally permitted and available method or technique, the physician may utilize such other method or technique. In all cases where the physician performs an abortion upon a viable unborn child, the physician shall document the method or technique employed.
(h) No physician shall perform or induce an abortion upon a woman when it has been determined that the unborn child is viable unless there is in attendance a physician other than the physician performing or inducing the abortion who shall take control of and provide immediate medical care for a child born as a result of the abortion. During the performance of the abortion, the physician performing it, and subsequent to the abortion, the physician required to be in attendance, shall take all reasonable steps in keeping with good medical practice, consistent with the procedure used, to preserve the life or health of the viable unborn child; provided that it does not pose an increased risk to the life of the woman or does not pose an increased risk of substantial and irreversible physical impairment of a major bodily function of the woman.
III.(a) An individual abortion report for each abortion performed or induced upon a woman shall be completed by her attending physician.
(b) An individual complication report for any post-abortion care performed upon a woman shall be completed by the physician providing such post-abortion care. This report shall include:
(1) The date of the abortion;
(2) The name and address of the abortion facility or hospital where the abortion was performed; and
(3) The nature of the abortion complication diagnosed or treated.
(c) All abortion reports shall be signed by the attending physician, and submitted to the department within 45 days from the date of the abortion. All complication reports shall be signed by the physician providing the post-abortion care and submitted to the department within 45 days from the date of the post-abortion care.
(d) The state department shall collect all abortion reports and complication reports and collate and evaluate all data gathered therefrom and shall annually beginning January 1, 2017, publish a statistical report based on such data from abortions performed in the previous calendar year.
132-B:3 Rulemaking. The commissioner of the department shall adopt rules, pursuant to RSA 541-A, relative to:
I. Information required for reports due under RSA 132-B:2, III.
II. Content and format of all forms required under this chapter.
132-B:4 Penalty. Any person who intentionally or recklessly performs or attempts to perform an abortion in violation of RSA 132-B:2 of this chapter shall be guilty of a class A misdemeanor. No penalty shall be assessed against the woman upon whom the abortion is performed or attempted to be performed. The anonymity of any woman upon whom an abortion has been performed shall be preserved from public disclosure unless she consents.
3 Effective Date. This act shall take effect January 1, 2017.
16-2085
12/17/15
HB 1625-FN- FISCAL NOTE
AN ACT relative to banning abortion after viability.
FISCAL IMPACT:
The Department of Health and Human Services, Judicial Branch, and Department of Corrections state this bill, as introduced, will increase state general fund expenditures by an indeterminable amount in FY 2017 and each year thereafter. There will be no impact on county and local expenditures, or on state, county, and local revenue.
METHODOLOGY:
The Department of Health and Human Services states this bill prohibits any person from performing or inducing an abortion upon a woman when it has been determined that the probably postfertilization age of the woman's unborn child is beyond 21 weeks and five days' gestation, unless there is a medical emergency as defined under the new chapter law created by the bill. The bill requires the Department to:
- Receive reports on a schedule and in accordance with rules adopted pursuant to RSA 541-A from any physician who performs or induces or attempts to perform or induce an abortion.
- By June 30 of each year, issue a public report providing statistics for the previous calendar year compiled from all of the reports submitted during that year.
- Ensure that each report provide statistics for all previous calendar years, adjusted to reflect any additional information from late or corrected reports.
- Ensure none of the information included in the public reports could reasonably lead to the identification of any pregnant woman upon whom an abortion was performed.
- Adopt rules, pursuant to RSA 541-A, to schedule reports due under proposed RSA 132-B:5, and provide content and format of all forms required.
The Department states that, assuming its Health Statistics and Data Management Section (HSDM) will be the collection agent and data steward for the data on completed abortions as contemplated by the bill, initial time will be needed to design the form to record the required information, create and test a data base to store data taken from the data entry form, and train personnel in methods of accurate data entry. Estimated time required from a Planning Analyst (Labor Grade 24), for the initial development stage, and annual report creation in subsequent years will be 4% of annual time. Also, the efforts of an Executive Secretary (Labor Grade 11) will be required at an estimated 5.625 hours per week (15% of weekly time) performing data entry on collected forms, and assistance in editing annual reports. The State Expenditure for this project for DHHS is estimated at between $5,391 and $11,511 per year from FY 2016 through FY 2019 respectively. The Department states that it does not have enough staff to prepare and report on data within the turnaround time expected in the bill. Based on current availability of hospital discharge data, the first data report on New Hampshire resident abortions may not be available until the end of FY 2016, if not later. Data on non-resident and New Hampshire residents who sought abortions out of state will take longer to acquire.
The Judicial Branch and Department of Corrections state proposed RSA 132-B:4 provides that intentionally or recklessly performing an abortion in violation of statute is a class B felony. In addition, the Judicial Branch notes that proposed RSA 132-B:5, I provides for damage actions regarding abortions performed or attempted in violation of the statute. The potential per case fiscal impacts of these provisions are as follows:
| FY 2017 | FY 2018 |
Judicial Branch |
|
|
Routine Criminal Felony Case | $449 | $470 |
Complex Civil Case | $724 | $756 |
Appeals | Varies | Varies |
It should be noted average case cost estimates for FY 2017 and FY 2018 are based on data that is more than ten years old and does not reflect changes to the courts over that same period of time or the impact these changes may have on processing the various case types. | ||
Department of Corrections |
|
|
FY 2015 Average Cost of Incarcerating an Individual | $34,336 | $34,336 |
FY 2015 Average Cost of Supervising an Individual on Parole/Probation | $520 | $520 |
The Department of Justice, Judicial Council, and NH Association of Counties state this bill will have no fiscal impact.
