SB 575-FN - AS INTRODUCED
2024 SESSION
24-3118
09/08
SENATE BILL 575-FN
AN ACT relative to legal protection for legal New Hampshire abortion and contraception care.
SPONSORS: Sen. Altschiller, Dist 24; Sen. Watters, Dist 4; Sen. Fenton, Dist 10; Sen. D'Allesandro, Dist 20; Sen. Rosenwald, Dist 13; Sen. Soucy, Dist 18; Sen. Perkins Kwoka, Dist 21; Sen. Whitley, Dist 15; Sen. Chandley, Dist 11; Sen. Prentiss, Dist 5; Rep. M. Paige, Rock. 11; Rep. Burroughs, Carr. 2; Rep. Rung, Hills. 12
COMMITTEE: Judiciary
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ANALYSIS
This bill provides various legal protections related to the performance of or support of legal reproductive health care services including:
I. A prohibition against extraditing certain individuals for legally protected health care activity;
II. Prohibitions against government officials or police agencies from cooperating with any out of state investigation into legally protected health care activity, absent court-issued subpoenas or warrants;
III. Prohibitions on adverse actions or discipline taken by the board of medicine, board of registered nursing, or pharmacy board for certain legally protected health care activity; and
IV. A prohibition against health care providers or other New Hampshire entities from sharing confidential communications or information regarding reproductive health care services with out of state agencies or individuals absent a search warrant.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
24-3118
09/08
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Four
AN ACT relative to legal protection for legal New Hampshire abortion and contraception care.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Section; Fugitives from Justice; Duty of Governor; Exception. Amend RSA 612 by inserting after section 2 the following new section:
612:2-a Fugitives from Justice; Duty of Governor; Exception.
I. In this section:
(a) “Reproductive health care services” shall mean and include all services, care, or products of a medical, surgical, psychiatric, therapeutic, diagnostic, mental health, behavioral health, preventative, rehabilitative, supportive, consultative, referral, prescribing, or dispensing nature relating to the human reproductive system provided in accordance with the constitution and the laws of this state, whether provided in person or by means of telehealth or telehealth services, which includes, but is not limited to, all services, care, and products relating to pregnancy, assisted reproduction, contraception, miscarriage management, or the termination of a pregnancy.
(b) “Legally protected health care activity” shall mean and include the following acts and omissions by providers and facilitators of reproductive health care services, to the extent they are not in violation of the constitution or the laws of this state, provided that such provider is physically present in the state:
(1) The exercise or attempted exercise by any person of rights to reproductive health care services as secured by the constitution or laws of this state or the provision of insurance coverage for such services or care; and
(2) Any act or omission undertaken to aid or encourage, or attempt to aid or encourage, any person in the exercise or attempted exercise of rights to reproductive health care services as secured by the constitution or laws of this state, or to provide insurance coverage for such services or care; provided, however, that the provision of such reproductive health care services by a person duly licensed under the laws of this state and physically present in this state and the provision of insurance coverage for such services or care shall be a legally protected health care activity if the service or care is permitted under the laws of this state, regardless of the patient's location.
II. Except as required by federal law, no demand for the extradition of a person subject to criminal liability that is in whole or in part based on the alleged provision or receipt of, assistance in provision or receipt of, material support for, or any theory of accomplice or conspiracy liability for any legally protected health care activity performed in New Hampshire or any other state where the provision of the reproductive health care services was in accordance with the laws of the state where the person was present shall be recognized by the governor unless the executive authority of the demanding state shall allege in writing that the accused was physically present in the demanding state at the time of the commission of the alleged crime, and that thereafter the accused fled from that state.
2 New Chapter; Cooperation with Out of State Investigations. Amend RSA by inserting after chapter 106-M the following new chapter:
CHAPTER 106-N
COOPERATION WITH OUT OF STATE INVESTIGATIONS
106-N:1 Investigations into Legally Protected Health Care Activity.
No state or local law enforcement agency shall cooperate with or provide information to any individual or out-of-state agency or department regarding the provision of legally protected health care activity as defined by RSA 612:2-a, I(b). Nothing in this section shall prohibit the investigation of any criminal activity in this state which may involve reproductive health care services as defined by RSA 612:2-a, I(a), provided that no information relating to any such services performed on a specific individual nor any communications related thereto may be shared with an out-of-state agency, department, or individual. Nothing in this section shall prohibit compliance with a valid, court-issued subpoena or warrant.
3 New Chapter; Cooperation with Out of State Investigations Regarding Legally Protected Health Care Activity. Amend RSA by inserting after chapter 132-A the following new chapter:
CHAPTER 132-B
COOPERATION WITH OUT OF STATE INVESTIGATIONS REGARDING LEGALLY PROTECTED HEALTH CARE ACTIVITY
132-B:1 Cooperation With Out of State Investigations Regarding Legally Protected Health Care Activity.
The state of New Hampshire, a political subdivision of this state, or any person acting under the color of state, county, or municipal law shall be prohibited from using any personnel or financial resources to cooperate with or provide information to any out-of-state agency, department, or individual regarding the provision of legally protected health care activity as defined by RSA 612:2-a, I(b). Nothing in this section shall prohibit compliance with a valid, court-issued subpoena or warrant.
4 New Section; Pharmacy Board; Rulemaking Authority; Exception. Amend RSA 318 by inserting after section 5-b the following new section:
318:5-c Rulemaking Authority; Exception.
The board shall not adopt any rule that permits adverse action regarding application for initial or continued licensure for a person licensed under this chapter having performed legally protected health care activity as defined by RSA 612:2-a, I(b), even if such activity has resulted in a conviction under the laws of another state or adverse action taken against the person by another state.
5 Nurse Practice Act; Rulemaking Authority. Amend RSA 326-B:9, I to read as follows:
I. Eligibility requirements for the issuance of all initial, temporary, and renewal licenses, specialty licenses, and certificates issued by the board, including the issuance of such licenses to applicants holding a currently valid license or other authorization to practice in another jurisdiction, except that the issuance shall not be denied for the applicant's having performed legally protected health care activity as defined by RSA 612:2-a, I(b), even if such activity has resulted in a conviction under the laws of another state or adverse action taken against the person by another state.
6 New Paragraph; Nurse Practice Act; Disciplinary Action; Misconduct. Amend RSA 326-B:37 by inserting after paragraph II the following new paragraph:
II-a. Notwithstanding paragraph II, the board shall not take any disciplinary action against a person licensed by the board based on a finding that the person engaged in legally protected health care activity as defined by RSA 612:2-a, I(b), even if such activity has resulted in a conviction under the laws of another state or adverse action taken against the person by another state.
7 Physicians and Surgeons; Examining Board; Rulemaking Authority. Amend RSA 329:9, II to read as follows:
II. The qualifications of applicants for initial and continued licensure consistent with the provisions of this chapter, except that application for initial or continued licensure shall not be denied for the applicant's having performed legally protected health care activity as defined by RSA 612:2-a I(b), even if such activity has resulted in a conviction under the laws of another state or adverse action taken against the person by another state.
8 New Paragraph; Physicians and Surgeons; Disciplinary Proceedings; Disciplinary Actions; Remedial Proceedings. Amend RSA 329:17 by inserting after paragraph VI-b the following new paragraph:
VI-c. Notwithstanding paragraph VI, the board shall not take any disciplinary action against a person licensed by the board based on a finding that the person engaged in legally protected health care activity as defined by RSA 612:2-a, I(b), even if such activity has resulted in a felony conviction under the laws of another state.
9 Physicians and Surgeons; Disciplinary Proceedings; Denial or Revocation of License. Amend RSA 329:17-c to read as follows:
329:17-c Denial or Revocation of License.
Upon receipt of an administratively final order from the licensing authority of another jurisdiction which imposes disciplinary sanctions against a licensee of the board, or a person applying for such license, the board may issue an order directing the licensee or applicant to appear and show cause why similar disciplinary sanctions or, in the case of an applicant, license denial or restriction, should not be imposed in the state. In any such proceeding, the decision of the foreign licensing authority may not be collaterally attacked, but the licensee or applicant shall be given the opportunity to demonstrate why a lesser sanction should be imposed. The board may issue any disciplinary sanction or take any action with regard to a license application pursuant to this section otherwise permitted by this chapter, including sanctions or actions which are more stringent then those imposed by the foreign jurisdiction, except that the board shall not take any disciplinary action against a person licensed by the board based on a finding that the person engaged in legally protected health care activity as defined by RSA 612:2-a, I(b). The board may adopt summary procedures for handling proceedings brought under this chapter, but shall furnish the respondent at least 10 days' written notice and a reasonable opportunity to be heard. The board may require a licensee to suspend practice in this state as a condition of postponing a hearing date established for allegations brought under this section.
10 New Subparagraph; Patient Information. Amend RSA 332-I:2, I by inserting after subparagraph (e) the following new subparagraph:
(f) A health care provider, or any New Hampshire based entity that comes into the legal possession of protected health information, shall not reveal any confidential communication or information related to reproductive health care services as defined by RSA 612:2-a, I(a), to an out-of-state agency, department, or individual without the consent of the patient or in response to a valid, court-issued search warrant.
11 Effective Date. This act shall take effect upon its passage.
24-3118
Revised 12/22/23
SB 575-FN- FISCAL NOTE
AS INTRODUCED
AN ACT relative to legal protection for legal New Hampshire abortion and contraception care.
FISCAL IMPACT: [ ] State [ ] County [ ] Local [ X ] None
METHODOLOGY:
The Office of Legislative Budget Assistant states this bill, as introduced, has no fiscal impact on state, county and local expenditures or revenue.
AGENCIES CONTACTED:
Office of Professional Licensure and Certification