HB 1067  - AS INTRODUCED

 

 

2024 SESSION

24-2318

05/10

 

HOUSE BILL 1067

 

AN ACT relative to a patient's right to sterilization treatment.

 

SPONSORS: Rep. Read, Rock. 10; Rep. Popovici-Muller, Rock. 17; Rep. Hynes, Hills. 2; Rep. Kenney, Straf. 10; Rep. Newell, Ches. 4; Rep. Vogt, Rock. 21; Rep. Roesener, Merr. 22

 

COMMITTEE: Health, Human Services and Elderly Affairs

 

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ANALYSIS

 

This bill adds a provision to the patients' bill of rights related to a patient's request for a procedure that may leave the patient sterile.

 

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

24-2318

05/10

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty Four

 

AN ACT relative to a patient's right to sterilization treatment.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

1  New Paragraph; Patients' Bill of Rights.  Amend RSA 151:21 by inserting after paragraph XXIII the following new paragraph:

XXIV.(a)  If a patient who is 18 years of age or older has a medical condition for which a medically advisable course of treatment may include a procedure that leaves the patient sterile and unable to bear children, the physician shall not deny the procedure on the basis of age, number of children, or the physician's perception of the patient's future reproductive desires despite the patient's statement to the contrary.  The physician may require the patient to sign an informed consent and waive all damages from the procedure related to sterilization only.  A physician who violates this right may be disciplined pursuant to RSA 329.  

(b)  If a patient who is 18 years of age or older wishes to have a sterilization procedure unrelated to any underlying medical condition, the physician shall not deny the patient on the basis of age, number of children, or the physician's perception of the patient's future reproductive desires despite the patient's statement to the contrary, without referring the patient to a physician who is willing to conduct the procedure and who accepts the patient's form of payment.

(c)  A patient who has signed an informed consent or a waiver of medical advice and proceeds with sterilization treatment against medical advice shall have no civil right of action against any health care provider or health care institution on the basis of the patient being rendered sterile and unable to have children.  This subparagraph shall not provide immunity against any purposeful, reckless, or negligent act of a health care provider or health care institution.

2  Effective Date.  This act shall take effect 60 days after its passage.