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Key Votes

HB 1659 - Requires a 24 Hour Waiting Period Prior to an Abortion - Key Vote

New Hampshire Key Votes

Lou D'Allesandro voted Yea (Inexpedient to Legislate Vote) on this Legislation.

Read statements Lou D'Allesandro made in this general time period.

Stages

Family

Issues

Stage Details

Legislation - "Inexpedient to Legislate" Vote Passed (Senate) (12-11) - (Key vote)

Title: Requires a 24 Hour Waiting Period Prior to an Abortion

Vote Smart's Synopsis:

Vote on a motion to declare a bill inexpedient to legislate that requires a 24-hour waiting period before an abortion, effective January 1, 2013.

Highlights:
  • Prohibits an abortion from being performed or induced without the “voluntary and informed consent” of the woman upon whom the abortion is to be performed or induced (Sec. 1).
  • Requires a physician to obtain “voluntary and informed” consent from a pregnant woman by providing the following information at least 24 hours prior to the procedure (Sec. 1):
    • Medically-accurate description of the abortion procedure, the immediate and long-term medical risks, and the alternatives to abortion;
    • The probable gestational age of the fetus at the time of the abortion;
    • The medical risks associated with carrying a child to term; and 
    • Any need for anti-Rh immune globulin therapy if she is Rh negative, the likely consequence of refusing such therapy, and the cost of the therapy.
  • Requires the referring physician or the physician who is performing the abortion to inform the patient orally and in person at least 24 hours prior to the procedure that she is free to withhold or withdraw her consent at any time without affecting her right to future care or treatment or the loss of any benefits she might be otherwise entitled to (Sec. 1).
  • Authorizes physicians to perform an abortion during a “medical emergency” without having provided the information 24 hours in advance if the physician certifies in writing the nature of the emergency and the circumstances that waived the requirements of this act, and files this certification in the physicians records and in the records of the facility where the abortion was performed (Sec. 1).
  • Defines “medical emergency” as a condition which, on the basis of the physician's good faith and 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 (Sec. 1).
  • Requires the physician who performs an emergency abortion without the 24 hour period of informed consent to inform the patient prior to the procedure of the medical indications supporting the physician’s decision, if possible (Sec. 1).
  • Requires a physician to document in writing the nature of medical emergency that requires the immediate termination of a pregnancy, which waives the informed consent requirement (Sec. 1).
  • Prohibits a physician from accepting payment for the procedure until after the 24 hour waiting period (Sec. 1).
  • Specifies that the failure of a physician to comply with the requirements of this act shall provide a basis for disciplinary action or a civil malpractice lawsuit, and that no civil liability may be assessed against the women upon whom the abortion is performed (Sec. 1).
Note:

NOTE: THIS IS AN "INEXPEDIENT TO LEGISLATE" VOTE AND IS A VOTE TO KILL THE PIECE OF LEGISLATION. IF THE VOTE SUCCEEDS, THE LEGISLATION DIES. IF THE VOTE FAILS, THE LEGISLATION IS STILL UP FOR CONSIDERATION BY THE CHAMBER.

Legislation - Bill Passed (House) (185-138) - (Key vote)

Title: Requires a 24 Hour Waiting Period Prior to an Abortion

Vote Smart's Synopsis:

Vote to pass a bill that requires a 24-hour waiting period before an abortion, effective January 1, 2013.

Highlights:
  • Prohibits an abortion from being performed or induced without the “voluntary and informed consent” of the woman upon whom the abortion is to be performed or induced (Sec. 1).
  • Requires a physician to obtain “voluntary and informed” consent from a pregnant woman by providing the following information at least 24 hours prior to the procedure (Sec. 1):
    • Medically-accurate description of the abortion procedure, the immediate and long-term medical risks, and the alternatives to abortion;
    • The probable gestational age of the fetus at the time of the abortion;
    • The medical risks associated with carrying a child to term; and 
    • Any need for anti-Rh immune globulin therapy if she is Rh negative, the likely consequence of refusing such therapy, and the cost of the therapy.
  • Requires the referring physician or the physician who is performing the abortion to inform the patient orally and in person at least 24 hours prior to the procedure that she is free to withhold or withdraw her consent at any time without affecting her right to future care or treatment or the loss of any benefits she might be otherwise entitled to (Sec. 1).
  • Authorizes physicians to perform an abortion during a “medical emergency” without having provided the information 24 hours in advance if the physician certifies in writing the nature of the emergency and the circumstances that waived the requirements of this act, and files this certification in the physicians records and in the records of the facility where the abortion was performed (Sec. 1).
  • Defines “medical emergency” as a condition which, on the basis of the physician's good faith and 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.
  • Requires the physician who performs an emergency abortion without the 24 hour-period of informed consent to inform the patient prior to the procedure of the medical indications supporting the physician’s decision, if possible (Sec. 1).
  • Requires a physician to document in writing the nature of medical emergency that requires the immediate termination of a pregnancy, which waives the informed consent requirement (Sec. 1).
  • Prohibits a physician from accepting payment for the procedure until after the 24 hour waiting period (Sec. 1).
  • Specifies that the failure of a physician to comply with the requirements of this act shall provide a basis for disciplinary action or a civil malpractice lawsuit, and that no civil liability may be assessed against the women upon whom the abortion is performed (Sec. 1).
Note:

NOTE: THIS VOTE RECONSIDERS A PREVIOUS VOTE.

Legislation - Bill Failed (House) (164-181) -
Note:

NOTE: THIS VOTE RECONSIDERS A PREVIOUS VOTE.

Legislation - Bill Passed (House) (189-151) -
Legislation - Introduced (House) -

Title: Requires a 24 Hour Waiting Period Prior to an Abortion

Sponsors

Co-sponsors

  • Jerry E. Bergevin (NH - R) (Out Of Office)
  • Anne Cartwright (NH - R) (Out Of Office)
  • Susan C. 'Sue' DeLemus (NH - R) (Out Of Office)
  • Fenton Groen (NH - R) (Out Of Office)
  • Phyllis M. Katsakiores (NH - R) (Out Of Office)
  • Jim Luther (NH - R) (Out Of Office)
  • Connie Soucy (NH - R) (Out Of Office)
  • Kathleen F. Souza (NH - R) (Out Of Office)
  • Ray White (NH - R) (Out Of Office)
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