HB 1659-FN – AS INTRODUCED
2012 SESSION
01/09
HOUSE BILL 1659-FN
AN ACT relative to the women’s right to know act regarding abortion information.
SPONSORS: Rep. Notter, Hills 19; Rep. Bergevin, Hills 17; Rep. K. Souza, Hills 11; Rep. Peterson, Hills 19; Rep. Katsakiores, Rock 5; Rep. Cartwright, Ches 2; Rep. C. Soucy, Hills 17; Rep. DeLemus, Straf 1; Rep. Birdsell, Rock 8; Rep. L. Jones, Straf 1; Sen. White, Dist 9; Sen. Groen, Dist 6; Sen. Luther, Dist 12
This bill establishes the women’s right to know act.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
12-2014
01/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twelve
AN ACT relative to the women’s right to know act regarding abortion information.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Chapter; Women’s Right to Know Act. Amend RSA by inserting after chapter 132-A the following new chapter:
CHAPTER 132-B
132-B:1 Title. This act shall be known as the “Women’s Right to Know Act.”
132-B:2 Legislative Findings and Purposes.
I. The general court finds that:
(a) It is essential to the psychological and physical well-being of a woman considering an abortion that she receive complete and accurate information on abortion and its alternatives.
(b) The knowledgeable exercise of a woman’s decision to have an abortion depends on the extent to which she receives sufficient information to make an informed choice between 2 alternatives: giving birth or having an abortion.
(c) Adequate and legitimate informed consent includes information which “relates to the consequences to the fetus.” Planned Parenthood v. Casey, 505 U.S. 833, 882-883 (1992).
(d) Many abortions are performed in clinics devoted solely to providing abortions and family planning services. Most women who seek abortions at these facilities do not have any relationship with the physician who performs the abortion, before or after the procedure. They do not return to the facility for post-surgical care. In most instances, the woman’s only actual contact with the physician occurs simultaneously with the abortion procedure, with little opportunity to receive counseling concerning her decision.
(e) The decision to abort “is an important, and often a stressful one, and it is desirable and imperative that it be made with full knowledge of its nature and consequences.” Planned Parenthood v. Danforth, 428 U.S. 52, 67 (1976).
(f) “The medical, emotional, and psychological consequences of an abortion are serious and can be lasting....” H.L. v. Matheson, 450 U.S. 398, 411 (1981).
(g) Abortion facilities or providers often offer only limited or impersonal counseling opportunities.
(h) Many abortion facilities or providers hire untrained and unprofessional “counselors” to provide pre-abortion counseling, but whose primary goal is actually to “sell” or promote abortion services.
II. Based on the findings in paragraph I, the purposes of this chapter is to:
(a) Ensure that every woman considering an abortion receives complete information on abortion and its alternatives and that every woman submitting to an abortion does so only after giving her voluntary and fully-informed consent to the abortion procedure.
(b) Protect unborn children from a woman’s uninformed decision to have an abortion.
(c) Reduce “the risk that a woman may elect an abortion, only to discover later, with devastating psychological consequences, that her decision was not fully informed.” Planned Parenthood v. Casey, 505 U.S. 833, 882 (1992).
(d) Adopt the construction of the term “medical emergency” accepted by the U.S. Supreme Court in Planned Parenthood v. Casey, 505 U.S. 833 (1992).
132-B:3 Definitions. In this chapter:
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 unborn child. Such use, prescription, or means is not an abortion if done with the intent to:
(a) Save the life or preserve the health of an unborn child;
(b) Remove a dead unborn child caused by spontaneous abortion; or
(c) Remove an ectopic pregnancy.
II. “Complication” means any adverse physical or psychological condition arising from the performance of an abortion, which includes but is not limited to: uterine perforation, cervical perforation, infection, bleeding, hemorrhage, blood clots, failure to actually terminate the pregnancy, incomplete abortion (retained tissue), pelvic inflammatory disease, endometritis, missed ectopic pregnancy, cardiac arrest, respiratory arrest, renal failure, metabolic disorder, shock, embolism, coma, placenta previa in subsequent pregnancies, preterm delivery in subsequent pregnancies, free fluid in the abdomen, adverse reactions to anesthesia and other drugs; any psychological or emotional complications such as depression, anxiety, and sleeping disorders; and any other “adverse event” as defined by the Food and Drug Administration (FDA) criteria provided in the Medwatch Reporting System. The department may further define “complication.”
III. “Conception” means the fusion of a human spermatozoon with a human ovum.
IV. “Department” means the department of health and human services.
V. “Facility” or “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.
VI. “First trimester” means the first 12 weeks of gestation.
VII. “Gestational age” means the time that has elapsed since the first day of the woman’s last menstrual period.
VIII. “Hospital” means a facility licensed under RSA 151.
IX. “Medical emergency” means that condition which, on the basis of the physician’s good faith clinical judgment, so complicates the medical condition of a pregnant woman as to necessitate the immediate termination of her pregnancy to avert her death or for which a delay will create serious risk of substantial and irreversible impairment of a major bodily function.
X. “Physician” means any person licensed under RSA 329. The term includes medical doctors and doctors of osteopathy.
XI. “Pregnant” or “pregnancy” means that female reproductive condition of having an unborn child in the woman’s uterus.
XII. “Qualified person” means an agent of the physician who is a psychologist, licensed social worker, licensed professional counselor, registered nurse, or physician.
XIII. “Unborn child” means the offspring of human beings from conception until birth.
XIV. “Viability” means the state of fetal development when, in the judgment of the physician based on the particular facts of the case before him or her and in light of the most advanced medical technology and information available to him or her, there is a reasonable likelihood of sustained survival of the unborn child outside the body of his or her mother, with or without artificial support.
132-B:4 Informed Consent Requirement. No abortion shall be performed or induced without the voluntary and informed consent of the woman upon whom the abortion is to be performed or induced. Except in the case of a medical emergency, consent to an abortion is voluntary and informed if and only if:
I. At least 24 hours before the abortion, the physician who is to perform the abortion or the referring physician has informed the woman, orally and in person, of the following:
(a) The name of the physician who will perform the abortion;
(b) Medically-accurate information that a reasonable patient would consider material to the decision of whether or not to undergo the abortion, including (1) a description of the proposed abortion method; (2) the immediate and long-term medical risks associated with the proposed abortion method including, but not limited to, the risks of infection, hemorrhage, cervical or uterine perforation, danger to subsequent pregnancies, and increased risk of breast cancer; and (3) alternatives to the abortion;
(c) The probable gestational age of the unborn child at the time the abortion is to be performed;
(d) The probable anatomical and physiological characteristics of the unborn child at the time the abortion is to be performed;
(e) The medical risks associated with carrying her child to term; and
(f) Any need for anti-Rh immune globulin therapy if she is Rh negative, the likely consequences of refusing such therapy, and the cost of the therapy.
II. At least 24 hours before the abortion, the physician who is to perform the abortion, the referring physician, or a qualified person has informed the woman, orally and in person, that:
(a) Medical assistance benefits may be available for prenatal care, childbirth, and neonatal care, and that more detailed information on the availability of such assistance is contained in the printed materials and informational DVD given to her and described in RSA 132-B:5.
(b) The printed materials and informational DVD in RSA 132-B:5 describe the unborn child and list agencies that offer alternatives to abortion.
(c) The father of the unborn child is liable to assist in the support of this child, even in instances where he has offered to pay for the abortion. In the case of rape or incest, this information may be omitted.
(d) She is free to withhold or withdraw her consent to the abortion at any time without affecting her right to future care or treatment and without the loss of any state or federally-funded benefits to which she might otherwise be entitled.
(e) The information contained in the printed materials and informational DVD given to her under RSA 132-B:5, are also available on a state-maintained website.
III. The information required in paragraphs I and II is provided to the woman individually and in a private room to protect her privacy, to maintain the confidentiality of her decision, and to ensure that the information focuses on her individual circumstances and that she has an adequate opportunity to ask questions.
IV. At least 24 hours before the abortion, the woman is given a copy of the printed materials and permitted to view or given a copy of the informational DVD described in RSA 132-B:5. If the woman is unable to read the materials, they shall be read to her. If the woman asks questions concerning any of the information or materials, answers shall be provided to her in a language she can understand.
V. Prior to the abortion, the woman certifies in writing on a checklist form provided or approved by the department that the information required to be provided under RSA 132-B:5 has been provided. All physicians who perform abortions shall report the total number of certifications received monthly to the department. The department shall make the number of certifications received available to the public on an annual basis.
VI. Except in the case of a medical emergency, the physician who is to perform the abortion shall receive and sign a copy of the written certification prescribed in paragraph V of this section prior to performing the abortion. The physician shall retain a copy of the checklist certification form in the woman’s medical record.
VII. In the event of a medical emergency requiring an immediate termination of pregnancy, the physician who performed the abortion shall clearly certify in writing the nature of the medical emergency and the circumstances which necessitated the waiving of the informed consent requirements of this chapter. This certification shall be signed by the physician who performed the emergency abortion, and shall be permanently filed in both the records of the physician performing the abortion and the records of the facility where the abortion takes place.
VIII. A physician shall not require or obtain payment for a service provided to a patient who has inquired about an abortion or scheduled an abortion until the expiration of the 24-hour reflection period required in this section.
132-B:5 Publication of Materials.
I. The department shall cause to be published printed materials and an informational DVD in English and Spanish and other appropriate language within 90 days after this chapter becomes law. The department shall develop and maintain a secure Internet website, which may be part of an existing website, to provide the information described in this section. No information regarding persons using the website shall be collected or maintained. The department shall monitor the website on a weekly basis to prevent and correct tampering.
II. On an annual basis, the department shall review and update, if necessary, the following easily comprehensible printed materials and informational DVD:
(a) Geographically indexed materials that inform the woman of public and private agencies and services available to assist a woman through pregnancy, upon childbirth, and while her child is dependent, including but not limited to adoption agencies.
(1) The materials shall include a comprehensive list of the agencies, a description of the services they offer, and the telephone numbers and addresses of the agencies, and shall inform the woman about available medical assistance benefits for prenatal care, childbirth, and neonatal care.
(2) The department shall ensure that the materials described in this section are comprehensive and do not directly or indirectly promote, exclude, or discourage the use of any agency or service described in this section. The materials shall also contain a toll-free, 24-hour-a-day telephone number which may be called to obtain information about the agencies in the locality of the caller and of the services they offer.
(3) The materials shall state that it is unlawful for any individual to coerce a woman to undergo an abortion and that if a minor is denied financial support by the minor’s parents, guardian, or custodian due to the minor’s refusal to have an abortion performed, the minor shall be deemed emancipated for the purposes of eligibility for public-assistance benefits, except that such benefits may not be used to obtain an abortion. The materials shall also state that any physician who performs an abortion upon a woman without her informed consent may be liable to her for damages in a civil action at law and that the law permits adoptive parents to pay costs of prenatal care, childbirth, and neonatal care. The materials shall also include the following statement:
“There are many public and private agencies willing and able to help you to carry your child to term, and to assist you and your child after your child is born, whether you choose to keep your child or to place her or him for adoption. The state of New Hampshire strongly urges you to contact one or more of these agencies before making a final decision about abortion. The law requires that your physician or his or her agent give you the opportunity to call agencies like these before you undergo an abortion.”
(b) Materials that include information on the support obligations of the father of a child who is born alive, including but not limited to the father’s legal duty to support his child, which may include child support payments and health insurance, and the fact that paternity may be established by the father’s signature on a birth certificate, by a statement of paternity, or by court action. The printed material shall also state that more information concerning establishment of paternity and child support services and enforcement may be obtained by calling state or county public assistance agencies.
(c) Materials that inform the pregnant woman of the probable anatomical and physiological characteristics of the unborn child at 2 week gestational increments from fertilization to full term, including color photographs of the developing unborn child at 2 week gestational increments. The descriptions shall include information about brain and heart functions, the presence of external members and internal organs during the applicable stages of development, and any relevant information on the possibility of the unborn child’s survival. If a photograph is not available, a picture must contain the dimensions of the unborn child and must be realistic. The materials shall be objective, nonjudgmental, and designed to convey only accurate scientific information about the unborn child at the various gestational ages.
(d) Materials which contain objective information describing the various surgical and drug induced methods of abortion, as well as the immediate and long-term medical risks commonly associated with each abortion method including, but not limited to, the risks of infection, hemorrhage, cervical or uterine perforation or rupture, danger to subsequent pregnancies, increased risk of breast cancer, the possible adverse psychological effects associated with an abortion, and the medical risks associated with carrying a child to term.
(e) Materials that inform the pregnant woman that there is a direct link between abortion and breast cancer. It is scientifically undisputed that full-term pregnancy reduces a woman’s lifetime risk of breast cancer. It is also undisputed that the earlier a woman has a first full-term pregnancy, the lower her risk of breast cancer becomes, because following a full-term pregnancy the breast tissue exposed to estrogen through the menstrual cycle is more mature and cancer resistant. In fact, for each year that a woman’s first full-term pregnancy is delayed, her risk of breast cancer rises 3.5 percent. The theory that there is a direct link between abortion and breast cancer builds upon this undisputed foundation. During the first and second trimesters of pregnancy the breasts develop merely by duplicating immature tissues. Once a woman passes the thirty-second week of pregnancy (third trimester), the immature cells develop into mature cancer resistant cells. When an abortion ends a normal pregnancy, the woman is left with more immature breast tissue than she had before she was pregnant. In short, the amount of immature breast tissue is increased and this tissue is exposed to significantly greater amounts of estrogen—a known cause of breast cancer. Women facing an abortion decision have a right to know that such medical data exists. At the very least, women must be informed that it is undisputed that pregnancy provides a protective effect against the later development of breast cancer.
(f) A uniform resource locator (URL) for the state-maintained website where the materials described in this section can be found.
(g) A checklist certification form to be used by the physician or a qualified person under RSA 132-B:4, V, which will list all the items of information which are to be given to the woman by a physician or the agent under this chapter.
(h) The materials shall be printed in a typeface large enough to be clearly legible.
(i) The department shall produce a standardized DVD that may be used statewide, presenting the information described in this section. In preparing the DVD, the department may summarize and make reference to the printed comprehensive list of geographically indexed names and services described in subparagraph II(a). The DVD shall, in addition to the information described in this section, show an ultrasound of the heartbeat of an unborn child at 4 to 5 weeks gestational age, at 6 to 8 weeks gestational age, and each month thereafter, until viability. That information shall be presented in an objective, unbiased manner designed to convey only accurate scientific information.
(j) The materials required under this section and the DVD described in subparagraph (h) shall be available at no cost from the department upon request and in appropriate number to any person, facility, or hospital.
132-B:6 Medical Emergencies. When a medical emergency compels the performance of an abortion, the physician shall inform the woman, before the abortion if possible, of the medical indications supporting the physician’s judgment that an immediate abortion is necessary to avert her death or that a 24-hour delay will cause substantial and irreversible impairment of a major bodily function.
132-B:7 Criminal Penalties. Any person who intentionally, knowingly, or recklessly violates this chapter is guilty of a class A felony.
132-B:8 Civil Penalties.
I. In addition to any and all remedies available under the common or statutory law of this state, failure to comply with the requirements of this chapter shall:
(a) Provide a basis for a civil malpractice action for actual and punitive damages.
(b) Provide a basis for a professional disciplinary action under RSA 329.
II. No civil liability may be assessed against the female upon whom the abortion is performed.
III. When requested, the court shall allow a woman to proceed using solely her initials or a pseudonym and may close any proceedings in the case and enter other protective orders to preserve the privacy of the woman upon whom the abortion was performed.
IV. If judgment is rendered in favor of the plaintiff, the court shall also render judgment for a reasonable attorney’s fee in favor of the plaintiff against the defendant.
V. If judgment is rendered in favor of the defendant and the court finds that the plaintiff’s suit was frivolous and brought in bad faith, the court shall also render judgment for reasonable attorney’s fees in favor of the defendant against the plaintiff.
132-B:9 Reporting.
I. For the purpose of promoting maternal health and life by adding to the sum of medical and public health knowledge through the compilation of relevant data, and to promote the state’s interest in protecting the unborn child, a report of each abortion performed shall be made to the department on forms prescribed by it. The reports shall be completed by the hospital or other licensed facility in which the abortion occurred, signed by the physician who performed the abortion, and transmitted to the department within 15 days after each reporting month. The report forms shall not identify the individual patient by name and shall include the following information:
(a) Identification of the physician who performed the abortion, the facility where the abortion was performed, and the referring physician, agency, or service, if any. Notwithstanding any provision of law to the contrary, the department shall ensure that the identification of any physician or other health care provider reporting under this section shall not be released or otherwise made available to the general public.
(b) The county and state in which the woman resides.
(c) The woman’s age.
(d) The number of prior pregnancies and prior abortions of the woman.
(e) The probable gestational age of the unborn child.
(f) The type of procedure performed or prescribed and the date of the abortion.
(g) Preexisting medical condition or conditions of the woman which would complicate pregnancy, if any.
(h) Medical complication or complications which resulted from the abortion, if known.
(i) The length and weight of the aborted child for any abortion performed pursuant to a medical emergency as defined in RSA 132-B:6.
(j) Basis for any medical judgment that a medical emergency existed which excused the physician from compliance with any provision of this chapter.
II. When an abortion is performed during the first trimester of pregnancy, the tissue that is removed shall be subjected to a gross or microscopic examination, as needed, by the physician or a qualified person designated by the physician to determine if a pregnancy existed and was terminated. If the examination indicates no fetal remains, that information shall immediately be made known to the physician and sent to the department within 15 days of the analysis.
III. When an abortion is performed after the first trimester of pregnancy, the physician shall certify whether or not the child was viable, and the dead unborn child and all tissue removed at the time of the abortion shall be submitted for tissue analysis to a board-eligible or certified pathologist. If the report reveals evidence of viability or live birth, the pathologist shall report such findings to the department within 15 days, and a copy of the report shall also be sent to the physician performing the abortion. The department shall prescribe a form on which pathologists may report any evidence of live birth, viability, or absence of pregnancy.
IV. Every facility in which an abortion is performed within this state during any quarter year shall file with the department a report showing the total number of abortions performed within the hospital or other facility during that quarter year. This report shall also show the total abortions performed in each trimester of pregnancy. These reports shall be submitted on a form prescribed by the department that will enable a facility to indicate whether or not it is receiving any state-appropriated funds. The reports shall be available for public inspection and copying only if the facility receives state-appropriated funds within the 12-calendar-month period immediately preceding the filing of the report. If the facility indicates on the form that it is not receiving state-appropriated funds, the department shall regard that facility’s report as confidential unless it receives other evidence that causes it to conclude that the facility receives state-appropriated funds.
V. After 30 days public notice following the effective date of this chapter, the department shall require that all reports of maternal deaths occurring within the state arising from pregnancy, childbirth, or intentional abortion state the cause of death, the duration of the woman’s pregnancy, when her death occurred, and whether or not the woman was under the care of a physician during her pregnancy prior to her death. The department shall issue any necessary regulations to assure that information is reported, and conduct its own investigation, if necessary, to ascertain such data. Known incidents of maternal mortality of nonresident women arising from induced abortion performed in this state shall be included in the report as incidents of maternal mortality arising from induced abortions. Incidents of maternal mortality arising from continued pregnancy or childbirth and occurring after induced abortion has been attempted but not completed, including deaths occurring after induced abortion has been attempted but not completed as a result of ectopic pregnancy, shall be included as incidents of maternal mortality arising from induced abortion.
VI. Every physician who is called upon to provide medical care or treatment to a woman who is in need of medical care because of a complication or complications resulting, in the good faith judgment of the physician, from having undergone an abortion or attempted abortion, shall prepare a report. The report shall be filed with the department within 30 days of the date of the physician’s first examination of the woman. The report shall be on forms prescribed by the department. The forms shall contain the following information, as received, and such other information except the name of the patient, as the department may from time to time require:
(a) Age of the patient.
(b) Number of pregnancies patient may have had prior to the abortion.
(c) Number and type of abortions patient may have had prior to this abortion.
(d) Name and address of the facility where the abortion was performed.
(e) Gestational age of the unborn child at the time of the abortion, if known.
(f) Type of abortion performed, if known.
(g) Nature of complication or complications.
(h) Medical treatment given.
(i) The nature and extent, if known, of any permanent condition caused by the complication.
VII. Reports filed pursuant to paragraphs I or VI shall not be deemed public records and shall remain confidential, except that disclosure may be made to law enforcement officials upon an order of a court after application showing good cause. The court may condition disclosure of the information upon any appropriate safeguards it may impose.
VIII. The department shall prepare a comprehensive annual statistical report for the general court based upon the data gathered from reports under paragraphs I and VI. The statistical report shall not lead to the disclosure of the identity of any physician or person filing a report under those paragraphs, nor of any patient about whom a report is filed. The statistical report shall be available for public inspection and copying.
IX. Original copies of all reports filed under paragraphs I, IV, and VI shall be available to the board of medicine for use in the performance of its official duties.
X. The following penalties shall attach to any failure to comply with the requirements of this section:
(a) Any person required under this section to file a report, keep any records, or supply any information, who willfully fails to file such report, keep such records, or supply such information at the time or times required by law or regulation, is guilty of “unprofessional conduct,” and his or her license for the practice of medicine and surgery shall be subject to suspension or revocation in accordance with procedures provided under RSA 329.
(b) Any person who willfully delivers or discloses to the department any report, record, or information known by him or her to be false is guilty of a class B misdemeanor.
(c) Any person who willfully discloses any information obtained from reports filed pursuant to paragraph I or VI, other than that disclosure authorized under paragraph VII, or as otherwise authorized by law, is guilty of a class B misdemeanor.
(d) Intentional, knowing, reckless, or negligent failure of the physician to examine an unborn child or tissue remains or submit an unborn child or tissue remains to a pathologist as required by paragraph II or III, or intentional, knowing, or reckless failure of the pathologist to report any evidence of live birth or viability to the department in the manner and within the time prescribed in paragraph III is a class A misdemeanor.
(e) In addition to the above penalties, any person, organization, or facility who willfully violates any of the provisions of this section requiring reporting shall upon conviction:
(1) For the first time, have his, her, or its license suspended for a period of 6 months.
(2) For a second time, have his, her, or its license suspended for a period of one year.
(3) For the third time, have his, her, or its license revoked.
XI.(a) The department shall create the forms required by this chapter within 60 days after the effective date of this chapter and shall cause to be published, within 90 days after the effective date of this chapter, the printed materials described in this chapter.
(b) No provision of this chapter requiring the reporting of information on forms published by the department, or requiring the distribution of printed materials published by the department pursuant to this chapter, shall be applicable until 10 days after the requisite forms are first created and printed materials are first published by the department or until the effective date of this chapter, whichever is later.
132-B:10 Construction. Nothing in this chapter shall be construed as creating or recognizing a right to abortion. It is not the intention of this law to make lawful an abortion that is currently unlawful.
132-B:11 Right of Intervention. The general court, by joint resolution, may appoint one or more of its members, who sponsored or cosponsored this chapter in his or her official capacity, to intervene as a matter of right in any case in which the constitutionality of this chapter is challenged.
132-B:12 Severability. If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the chapter which can be given effect without the invalid provisions or applications, and to this end the provisions of this chapter are severable.
2 Effective Date. This act shall take effect January 1, 2013.
LBAO
12-2014
12/28/11
HB 1659-FN - FISCAL NOTE
AN ACT relative to the women’s right to know act regarding abortion information.
FISCAL IMPACT:
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The Judicial Branch, Judicial Council, New Hampshire Association of Counties, and the Departments of Justice, Corrections, and Health and Human Services state this bill will increase state and county expenditures by interminable amounts in FY 2013 and in each year thereafter. There will be no fiscal impact on state, county, or local revenue, or local expenditures.
METHODOLOGY:
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• The Branch has no information on which to estimate how many felonies would be prosecuted against individuals who intentionally, knowingly or recklessly violate the provisions of this proposed law, but the Branch indicates the estimated cost of an average routine criminal case in the superior court will be $389.84 in FY 2013 and $401.48 in FY 2014. These amounts do not include the cost of appeals which may be taken following trial.
• A civil malpractice action brought against a person for failure to comply with the requirements of this bill law would be classified as a complex civil case in the superior court. The Branch has no information on which to estimate how many new complex civil cases will be brought, but estimates the cost of an average complex civil case in the superior court will be $633.81 in FY 2013 and $651.29 in FY 2014. These amounts do not include the cost of appeals which may be taken following trial.
• Professional disciplinary actions against physicians pursuant to proposed RSA 132-B:8 or 132-B:9, X(a) may be appealed to the Supreme Court. The Branch has no information on how many appeals may arise from the proposed bill or on whether the appeals would be declined, accepted for full appellate review, or accepted for a more limited review.
• Actions to disclose to law enforcement officials confidential reports filed pursuant to proposed RSA 132-B:9 would be considered complex equity cases in the superior court. The Branch has no information on how many such cases may arise, but estimates the cost of an average complex equity case in superior court will be $576.05 in FY 2013 and $602.60 in FY 2014. These amounts do not consider the cost of any appeals that may be taken following trial.
• The Branch has no information on how many class B misdemeanor cases would be brought pursuant to the proposed RSA 132-B:9, X (b) and (c). The Branch estimates the cost to process an average class B misdemeanor case in the district division of the circuit court will be $43.19 in FY 2013 and $44.54 in FY 2014. These amounts do not consider the cost of any appeals of a class B misdemeanor that may be taken to the Supreme Court following trial in the district division of the circuit court.
• The Branch has no information on how many class A misdemeanors would be prosecuted pursuant to 132-B:9 X(d), but does have information on the average cost of processing these cases in the trial court. The cost to the Judicial Branch of processing an average class A misdemeanor in the district division of the circuit court is estimated to be $59.11 in FY 2013 and $61.31 in FY 2014. These amounts do not consider the cost of any appeals that may be taken following trial.
In summary, the Judicial Branch is able to identify areas of fiscal impact in this bill, but is not able provide an accurate estimate of the fiscal impact.
The Department of Justice states the criminal offense created by this bill would typically be prosecuted by a county attorney’s office. The Department states there would be a fiscal impact in cases when an appeal is taken to the NH Supreme Court, but is not able to predict how many cases may be appealed. In addition, violations could trigger a complaint to a medical licensing board which would impact the Civil Bureau which serves as legal counsel to the boards. The Administrative Prosecutions Unit may need to investigate and prosecute complaints filed with a licensing board for violations under this law. Finally, additional resources may be needed within the Civil Bureau to provide legal counsel to the Department of Health and Human Services to assist it in meeting its obligations described in the bill. The Department is not able to determine the fiscal impact of these potential requirements.
The Department of Health and Human Services states this bill requires to Department to publish printed informational materials and produce an informational DVD in English, Spanish, and other appropriate languages. The materials would be updated annually and available at no cost, and would include the complete and comprehensive information on abortion and the alternatives to abortion as specified in the bill including the checklist certification form used by the physician or qualified person to confirm the information has been provided to the woman. In addition, the Department must maintain a secure Internet website to provide the information and a toll free 24 hour-a-day telephone number to provide information on local agencies and services available. The Department states it will prescribe and receive the required reporting forms completed by physicians, pathologists, and the hospitals or licensed facilities in which an abortion occurs and prepare the annual statistical report to the general court. The Department assumes, in order for the program to start on January 1, 2013, a full-time Program Planner III and a part-time Executive Secretary would need to start in July 2012 gathering the information, designing the printed materials and web page, establishing the 24/7 information line and creating an Access database. The Department estimates the personnel and associated costs as follows:
The Judicial Branch states several sections of this bill could result in a fiscal impact the Branch:
The Judicial Council states this bill may result in little or no fiscal impact to the Judicial Council. The Council assumes physicians may be less likely than average citizens to be eligible for indigent defense representation, but states if an individual is found to be indigent, the flat fee of $275 per misdemeanor and $756.24 per felony is charged by a public defender or contract attorney. If an assigned counsel attorney is used the fee is $60 per hour with a cap of $1,400 for a misdemeanor charge and $4,100 for a felony charge. The Council also states additional costs could be incurred if an appeal is filed. The public defender, contract attorney and assigned counsel rates for Supreme Court appeals is $2,000 per case, with many assigned counsel attorneys seeking permission to exceed the fee cap. Requests to exceed the fee cap are seldom granted. Finally, expenditures would increase if services other than counsel are requested and approved by the court during the defense of a case or during an appeal.
The New Hampshire Association of Counties states to the extent more individuals are charged, convicted, and sentenced to incarceration in a county correctional facility, the counties may have increased expenditures. The Association is unable to determine the number of individuals who might be charged, convicted or incarcerated as a result of this bill to determine an exact fiscal impact. The average annual cost to incarcerate an individual in a county correctional facility is approximately $35,000. There is no impact on county revenue.
The Department of Corrections states it is not able to determine the fiscal impact of this bill because it does not have sufficient detail to predict the number of individuals who would be subject to this legislation. The Department of Corrections states the average annual cost of incarcerating an individual in the general prison population for the fiscal year ending June 30, 2010 was $32,492. The cost to supervise an individual by the Department’s division of field services for the fiscal year ending June 30, 2010 was $659.
| FY 2013 | FY 2014 | FY 2015 | FY 2016 | |
| Salaries - Full-time Program Planner III and Part-time Executive Secretary | $57,567 | $59,514 | $62,039 | $64,672 |
| Benefits | $24,002 | $26,551 | $28,669 | $31,045 |
| Current Expense - Postage, telephone and office supplies | $3,000 | $3,000 | $3,000 | $3,000 |
| Rent | $10,763 | $11,790 | $12,026 | $12,266 |
| In-State Travel | $1,500 | $1,500 | $1,500 | $1,500 |
| Equipment - Computer and office furniture | $7,000 | $0 | $0 | $0 |
| 24 hour information line | $3,528 | $3,528 | $3,528 | $3,528 |
| Total | $107,360 | $105,883 | $110,762 | $116,011 |
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The Department is not able to accurately determine the costs for the printed materials, the DVD, or the annual report since the volume of information and size of the publications is not known at this time.
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