This RSA section is an unofficial mirror, is not legal advice, and may be incomplete, outdated, or incorrectly processed.

RSA 329:43 · Definitions

329:43 Definitions. – In this subdivision:

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I.

"Abortion" means the act of using or prescribing any instrument, medicine, drug, or any other substance, device, or means with the intent to terminate the clinically diagnosable pregnancy of a woman with knowledge that the termination by those means will with reasonable likelihood cause the death of the fetus. Such use, prescription, or means is not an abortion if done with the intent to:

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(a)

Save the life or preserve the health of the fetus;

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(b)

Remove a dead fetus caused by spontaneous abortion; or

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(c)

Remove an ectopic pregnancy.

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II.

"Attempt to perform" means an act or omission of a statutorily required act that, under the circumstances as the actor believes them to be, constitutes a substantial step in a course of conduct planned to culminate in the performance or inducement of an abortion.

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III.

"Conception" means the fusion of a human spermatozoon with a human ovum.

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IV.

"Gestational age" means the time that has elapsed since the first day of the woman's last menstrual period.

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V.

"Major bodily function" includes, but is not limited to, functions of the immune system, normal cell growth, and digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions.

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VI.

"Medical facility" means any public or private hospital, clinic, center, medical school, medical training institution, health care facility, physician's office, infirmary, dispensary, ambulatory surgical treatment center, or other institution or location wherein medical care is provided to any person.

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VII.

"Health care provider" means any person who provides health care services. The term includes but is not limited to medical doctors, doctors of osteopathy, nurses, or any employee of a medical facility.

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VIII.

"Pregnant" or "pregnancy" means the female reproductive condition of having one or more developing embryos or fetuses implanted in the uterus or elsewhere in the female body.

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IX.

"Probable gestational age" means what, in reasonable medical judgment, will with reasonable probability be the gestational age of the fetus at the time the abortion is considered, performed, or attempted.

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X.

"Reasonable medical judgment" means that medical judgment that would be made by a reasonably prudent health care provider in the community, knowledgeable about the case and the treatment possibilities with respect to the medical conditions involved.

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XI.

"Fetus" means an unborn offspring, from the embryo stage which is the end of the twentieth week after conception or, in the case of in vitro fertilization, the end of the twentieth week after implantation, until birth. Source. 2021, 91:39, eff. Jan. 1, 2022.

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Source note

Source. 2021, 91:39, eff. Jan. 1, 2022.

Source history

  • 2021, 91:39, eff. Jan. 1, 2022

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 reference

    of any drug or chemical for the purposes of inducing an abortion including, but not limited to, mifepristone. II. "Medical facility" shall have the same meaning as defined in RSA 329:43, VI. 329:55 Notice. I. Any medical facility or pharmacy in New Hampshire where any chemical abortion drug is prescribed, dispensed, or administered for the purposes of inducing a medical abortion shall post a cons

  • 2026 HB1702-FN reference

    of any drug or chemical for the purposes of inducing an abortion including, but not limited to, mifepristone. II. "Medical facility" shall have the same meaning as defined in RSA 329:43, VI. 329:55 Notice. I. Any medical facility or pharmacy in New Hampshire where any chemical abortion drug is prescribed, dispensed, or administered for the purposes of inducing a medical abortion shall post a cons

  • 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 reference · effective 2027-01-01

    n Referrals 329:50-a Definitions. I. "Abortion" shall have the same meaning as provided in RSA 132:32, I. II. "Medical facility" shall have the same meaning as provided in RSA 329:43, VI. III. "Health care provider" shall have the same meaning as provided in RSA 329:43, VII. IV. "Medical emergency" shall have the same meaning as provided in RSA 329:44, III. V. “Pregnancy resource center” means