New Hampshire 2024 Regular Session

New Hampshire House Bill HB1541

Introduced
12/11/23  
Refer
12/11/23  

Caption

Relative to conditions for an abortion performed after viability or 15 weeks gestation.

Impact

The introduction of HB 1541 fundamentally alters the landscape of abortion rights within New Hampshire by imposing additional legal obligations and medical protocols on providers. Specifically, the law's emphasis on hospital settings coupled with the requirement for additional medical personnel may limit access to abortions, particularly in rural areas where hospital resources are more scarce. This bill consequently could lead to increased instances of unregulated abortions, should valid medical facilities not be within reach. Furthermore, it introduces civil and criminal liabilities for medical practitioners that fail to adhere to the stringent requirements outlined in the legislation.

Summary

House Bill 1541 aims to establish stringent conditions for performing abortions after a fetus has reached viability or at 15 weeks gestation. The bill mandates that such procedures must take place in a hospital equipped with an intensive care unit for premature births and requires the presence of a second physician whose responsibility includes ensuring the life and health of the unborn child. This legal stipulation recognizes a live born child in these circumstances as a person and carries the potential for criminal prosecution for non-compliance, tightening the legal framework surrounding abortion practices in New Hampshire.

Sentiment

The sentiment surrounding HB 1541 appears to be deeply polarized, with proponents viewing it as a necessary measure that safeguards unborn children's rights and ensures the highest standards of medical care are maintained. Conversely, opponents criticize the bill for restricting women's rights and raising barriers to accessing safe abortion services, raising concerns that such regulations may disproportionately affect marginalized communities. The debate encapsulates broader societal and ethical discussions about reproductive rights and the perceived moral obligations of medical professionals during such procedures.

Contention

A significant point of contention within the discussion of HB 1541 revolves around its implications for women's reproductive rights and personal health autonomy. Critics argue that asserting legal personhood for a fetus born alive under the bill could lead to increased state intervention in personal health decisions, while simultaneously entrenching the ideology that prioritizes fetal life over that of the mother. Additionally, the situational clause allowing exceptions only when the mother’s life is at risk introduces ambiguity and lays the groundwork for potential legal challenges, as it might lead to varied interpretations in clinical practice and law enforcement.

Companion Bills

No companion bills found.

Previously Filed As

NH HB591

Prohibiting abortions after detection of fetal heartbeat.

NH HB562

Requiring informed consent prior to receiving an abortion procedure.

NH HB346

Relative to the right of any infant born alive to appropriate medical care and treatment.

NH SB181

Relative to access to abortion care.

NH SB264

Relative to parentage.

NH HB38

Relative to the conditions for release of a defendant pending trial.

NH SB105

Relative to information collected by the division of vital records administration as part of the live birth worksheet.

NH HB224

Repealing the criminal and civil penalties from the fetal life protection act.

NH HB264

Relative to amendments and corrections to birth records.

NH SB238

Relative to prescribing opioids via telehealth medicine.

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