This text of New Hampshire § 329:31-c (Right to Appropriate Reproductive Care for Medical Conditions) is published on Counsel Stack Legal Research, covering New Hampshire primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
I.If a patient who is 18 years of age or older has a medical condition for which a medically advisable course of treatment or precautionary measure may include a procedure, medication, or treatment that leaves the patient sterile or unable to have children, the physician shall not deny the treatment on the basis of age, number of children, marital status, or fertility goals contrary to the patient's statement. The physician may require the patient to sign an informed consent and waive all damages from the procedure related to sterilization. A physician who violates this right may be subject to disciplinary action by the board of medicine.
II.A patient who has signed an informed consent or a waiver and proceeds with appropriate reproductive care for a medical condition shall have no civil
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I. If a patient who is 18 years of age or older has a medical condition for which a medically advisable course of treatment or precautionary measure may include a procedure, medication, or treatment that leaves the patient sterile or unable to have children, the physician shall not deny the treatment on the basis of age, number of children, marital status, or fertility goals contrary to the patient's statement. The physician may require the patient to sign an informed consent and waive all damages from the procedure related to sterilization. A physician who violates this right may be subject to disciplinary action by the board of medicine.
II. A patient who has signed an informed consent or a waiver and proceeds with appropriate reproductive care for a medical condition 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 or unable to have children. This paragraph shall not provide immunity against any purposeful, reckless, or negligent act of a health care provider or health care institution.
III. For purposes of this section, "medical condition" means any disease, disorder, syndrome, symptoms, genetic predisposition or family medical history, or the state of being medicated, that either affects the reproductive system, or makes reproduction not advisable either for the medical interest of the patient or for potential children. "Appropriate reproductive care for a medical condition" shall include the following: a hysterectomy (uterus), oophorectomy (ovaries), orchiectomy (testicles), salpingectomy (fallopian tubes), endometrial ablation, or medications that may affect fertility. For the purposes of this section, gender dysphoria shall not be considered a medical condition that affects the reproductive system or makes reproduction inadvisable; however, a patient who has a medical condition as defined in this paragraph shall not be denied a sterilizing treatment on the basis of having gender dysphoria.
IV. A patient who has been denied appropriate reproductive care for a medical condition as defined in paragraph III may seek review of the decision by the board of medicine within 3 years of the last denial to determine whether the denial was consistent with this section. A violation of this section shall be subject to review and disciplinary action by the board of medicine in conjunction with the office of professional licensure and certification under RSA 310, and shall not be subject to further civil liability or criminal penalty.