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RSA 329:44 · Prohibition

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

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329:44 Prohibition. –

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Except in the case of a medical emergency as specifically defined in paragraph III, no abortion shall be performed, induced, or attempted by any health care provider unless a health care provider has first made a determination of the probable gestational age of the fetus. In making such a determination, the health care provider shall make such inquiries of the pregnant woman and perform or cause to be performed all such medical examinations, imaging studies, and tests as a reasonably prudent health care provider in the community, knowledgeable about the medical facts and conditions of both the woman and the fetus involved, would consider necessary to perform and consider in making an accurate diagnosis with respect to gestational age, provided, however, that the health care provider shall conduct an obstetric ultrasound examination of the patient for the purpose of making the determination. This paragraph shall be construed to require the performance of an ultrasound only if the provider either knows that the fetus has a gestational age of at least 24 weeks or is conscious of a substantial risk that the fetus has a gestational age of at least 24 weeks.

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II.

Except in the case of fetal abnormalities incompatible with life, or a medical emergency as specifically defined in paragraph III, no health care provider shall knowingly perform, induce, or attempt to perform an abortion upon a pregnant woman when the probable gestational age of her fetus has been determined to be at least 24 weeks or in the absence of a determination by a health care provider pursuant to paragraph I as to the fetus' probable gestational age.

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III.

For the purposes of this subdivision only, "medical emergency" means a condition in which an 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 will create a serious risk of substantial and irreversible impairment of a major bodily function, as defined in RSA 329:43, V, of the pregnant woman. Source. 2021, 91:39, eff. Jan. 1, 2022. 2022, 86:1, eff. May 20, 2022; 119:1, eff. May 27, 2022.

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Source note

Source. 2021, 91:39, eff. Jan. 1, 2022. 2022, 86:1, eff. May 20, 2022; 119:1, eff. May 27, 2022.

Source history

2021, 91:39, eff. Jan. 1, 2022
2022, 86:1, eff. May 20, 2022; 119:1, eff. May 27, 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 HB1590 reference · effective 2027-01-01
630:1-a, V(a) to read as follows: V.(a) Nothing in paragraph IV shall apply to: (1) A pregnant woman, for a termination of her pregnancy, that is performed in compliance with RSA 329:44 [Any act committed by the pregnant woman]; (2) [Any act committed at the request or direction of the pregnant woman or for the benefit of the pregnant woman; (3)] Any act performed by a physician or other medical prof
2026 HB1590-FN reference · effective 2027-01-01
630:1-a, V(a) to read as follows: V.(a) Nothing in paragraph IV shall apply to: (1) A pregnant woman, for a termination of her pregnancy, that is performed in compliance with RSA 329:44 [Any act committed by the pregnant woman]; (2) [Any act committed at the request or direction of the pregnant woman or for the benefit of the pregnant woman; (3)] Any act performed by a physician or other medical prof
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 reference · effective 2027-01-01
d 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 a private nonprofit facility that provides pregnancy counseling, material support, or medical care to pregnant women but does not perform abortions or make referrals to abort