New Hampshire Pain-Capable Abortion Ban (HB 1636)

HB 1636 would prohibit abortions at or after 20 weeks, “in part, because of the pain felt by the unborn child.”

Under this bill, a physician would be required to make a determination of the probable gestational age of the unborn child before performing an abortion except in the case of a medical emergency. No physician or person could knowingly perform, induce, or attempt to perform an abortion upon a pregnant woman when the probable gestational age of her “unborn child” has been determined to be at least 20 weeks, except in the case of a medical emergency.

Any person who purposely or knowingly violates this provision would be guilty of a class B felony.

Any physician or other licensed health care provider who purposely or knowingly performs or induces an abortion in violation of this provision and thereby kills an “unborn child” would be fined anywhere from $10,000 to $100,000, and/or be imprisoned from one to ten years.

Reporting Requirements

The bill requires any physician or other licensed health care provider who performs an abortion pursuant to a medical emergency to report, in writing, to the medical facility in which the abortion is performed the reason for the determination that a medical emergency existed.

Penalties for Medical Facilities

A medical facility in which an abortion is performed or induced in violation of this provision would be subject to immediate revocation of its license by the department.

A medical facility in which an abortion is performed or induced in violation of this provision would lose all state funding for 5 years and would be required to reimburse the state for funds from the fiscal year in which the abortion in violation of this provision was performed.

STATUS

Similar to HB 1328.

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People