This bill introduces a new chapter (132-B) to the RSA, which prohibits abortions after the detection of a fetal heartbeat, with certain exceptions. A "fetal heartbeat" is defined as the cardiac activity or steady rhythmic contraction of the fetal heart within the gestational sac. The bill specifies that no person shall perform an abortion with the intent of terminating the life of an unborn human individual whose fetal heartbeat has been detected, except in cases where the procedure is necessary to prevent the death of the pregnant woman or to prevent a serious risk of substantial and irreversible impairment of a major bodily function of the pregnant woman. In such cases, the person performing the procedure must document the necessity under penalty of perjury and maintain this documentation for at least 7 years.

The bill also amends RSA 329:17, VI by adding a new subparagraph (m) that subjects physicians to disciplinary action if they perform an abortion after detecting a fetal heartbeat, as outlined in the new chapter 132-B. The effective date of the act is January 1, 2024. The fiscal note indicates that the bill may increase the number of complaints to the Board of Medicine, which could result in additional costs ranging from $0 to $456,000, depending on the number of complaints. These costs would be covered by license fees. The Judicial Branch notes that the bill could lead to additional litigation, but the exact number of cases cannot be predicted. The bill does not include any insertions or deletions of legal language from the current law.

Statutes affected:
Introduced: 329:17