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RSA 329:31-c · Right to Appropriate Reproductive Care for Medical Conditions

Title: XXX: OCCUPATIONS AND PROFESSIONS
Chapter: 329 · PHYSICIANS AND SURGEONS
Status: current
Official source linked: Yes

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329:31-c Right to Appropriate Reproductive Care for Medical Conditions. –

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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.

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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.

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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 affects the reproductive system, or makes 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.

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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. Source. 2025, 199:1, eff. Sept. 13, 2025. Part Partial-Birth Abortion Ban Act Partial-Birth Abortion Ban Act

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Source note

Source. 2025, 199:1, eff. Sept. 13, 2025. Part Partial-Birth Abortion Ban Act Partial-Birth Abortion Ban Act

Source history

2025, 199:1, eff. Sept. 13, 2025. Part Partial-Birth Abortion Ban Act Partial-Birth Abortion Ban Act

Related materials

Bill relationships

2026 HB1292 reference · effective 2027-01-01
withstanding any provision of law to the contrary, the board of medicine shall not revoke, fail to renew, or take any other action against a physician's license issued pursuant to RSA 329 based primarily on a physician's recommendation to [an eligible] a patient regarding or prescription for or treatment with [an investigational] a drug, biologic, or device pursuant to this chapter. II. Notwithstandi
2026 HB1292-FN reference · effective 2027-01-01
withstanding any provision of law to the contrary, the board of medicine shall not revoke, fail to renew, or take any other action against a physician's license issued pursuant to RSA 329 based primarily on a physician's recommendation to [an eligible] a patient regarding or prescription for or treatment with [an investigational] a drug, biologic, or device pursuant to this chapter. II. Notwithstandi
2026 HB1321 amend
ravenous therapy. Be it Enacted by the Senate and House of Representatives in General Court convened: 1 New Subdivision; Provision of Elective Intravenous Therapy. Amend RSA 329 by inserting after section 53 the following new subdivision: Provision of Elective Intravenous Therapy 329:54 Definitions. As used in this subdivision, "elective intravenous therapy" means a procedure: I. To admin
2026 HB1335 amend · effective 2027-01-01
use of Representatives in General Court convened: 1 New Subdivision; Physicians and Surgeons; Disclosure of Preferential Promotion Received by Provider; When Required. Amend RSA 329 by inserting after section 53 the following new subdivision: Disclosure of Preferential Promotion 329:54 Definitions. In this subdivision: (a) “Preferential promotion” means any financial arrangement, incentiv
2026 HB1702 amend
seeking chemical abortions that it may be possible to undo the effects of mifepristone, a drug commonly used to induce abortions. 2 New Subdivision; Chemical Abortion. Amend RSA 329 by inserting after section 53 the following new subdivision: Chemical Abortion 329:54 Definitions. In this subdivision: I. "Chemical abortion" or "medical abortion" means the use or prescription of any drug or
2026 HB1702-FN amend
seeking chemical abortions that it may be possible to undo the effects of mifepristone, a drug commonly used to induce abortions. 2 New Subdivision; Chemical Abortion. Amend RSA 329 by inserting after section 53 the following new subdivision: Chemical Abortion 329:54 Definitions. In this subdivision: I. "Chemical abortion" or "medical abortion" means the use or prescription of any drug or
2026 HB1735 reference
withstanding any provision of law to the contrary, the board of medicine shall not revoke, fail to renew, or take any other action against a physician's license issued pursuant to RSA 329 based primarily on a physician's recommendation to [an eligible] a patient regarding or prescription for or treatment with [an investigational] a drug, biologic, or device pursuant to this chapter. II. Notwithstandi
2026 HB1735-FN reference
withstanding any provision of law to the contrary, the board of medicine shall not revoke, fail to renew, or take any other action against a physician's license issued pursuant to RSA 329 based primarily on a physician's recommendation to [an eligible] a patient regarding or prescription for or treatment with [an investigational] a drug, biologic, or device pursuant to this chapter. II. Notwithstandi
2026 HB1769 amend · effective 2027-01-01
d medical facilities. Be it Enacted by the Senate and House of Representatives in General Court convened: 1 New Subdivision; Public Funding and Abortion Referrals. Amend RSA 329 by inserting after section 50 the following new subdivision: Public Funding and Abortion Referrals 329:50-a Definitions. I. "Abortion" shall have the same meaning as provided in RSA 132:32, I. II. "Medical fa
2026 HB1769-FN amend · effective 2027-01-01
d medical facilities. Be it Enacted by the Senate and House of Representatives in General Court convened: 1 New Subdivision; Public Funding and Abortion Referrals. Amend RSA 329 by inserting after section 50 the following new subdivision: Public Funding and Abortion Referrals 329:50-a Definitions. I. "Abortion" shall have the same meaning as provided in RSA 132:32, I. II. "Medical fa
2026 HB1772 amend
ct. Be it Enacted by the Senate and House of Representatives in General Court convened: 1 New Section; Ibogaine; Administered Under FDA-approved Research Protocol. Amend RSA 329 by inserting after section RSA 329:1-h the following new section: 329:1-i Ibogaine; Administered Under FDA-approved Research Protocol. To the extent allowable by federal law, licensed physicians or qualified licensed
2026 HB1772-FN-A amend
ct. Be it Enacted by the Senate and House of Representatives in General Court convened: 1 New Section; Ibogaine; Administered Under FDA-approved Research Protocol. Amend RSA 329 by inserting after section RSA 329:1-h the following new section: 329:1-i Ibogaine; Administered Under FDA-approved Research Protocol. To the extent allowable by federal law, licensed physicians or qualified licensed