reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 329 - Physicians and Surgeons › Section 329:20-a - Report to Blind Services Program, Bureau of Vocational Rehabilitation.

329:20-a Report to Blind Services Program, Bureau of Vocational Rehabilitation. –
All licensed physicians practicing ophthalmology in this state shall report, with the permission of the patient, all cases of vision examination results of
20/200 or less, in the better eye, after correction, to the blind services program, bureau of vocational rehabilitation, department of education. Such report shall contain the name and address of the examined individual, date of birth, the amount of vision in both eyes, and the cause of visual impairment. The information contained in said report shall be treated as confidential by the bureau.
Source.
1979, 137:2. 1994, 379:19, eff. June 9, 1994.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 329 - Physicians and Surgeons › Section 329:21 - Persons Excepted.

329:21 Persons Excepted. –
This chapter shall not apply:
I. [Repealed.]
II. To legally qualified physicians in other states or countries when called in consultation by an individual licensed to practice in the state who bears the responsibility for the patient's diagnosis and treatment. However, regular or frequent consultation by such an unlicensed person, as determined by the licensing board, shall constitute the practice of medicine without a license; or
III. To any physician residing on the border of a neighboring state and duly authorized under the laws thereof to practice medicine therein, whose practice extends into this state, and who does not open an office or appoint a place to meet patients or to receive calls within this state; or
IV. To regular or family physicians of persons not residents of this state, when called to attend them during a temporary stay in this state, provided such family physicians are legally registered in some state; or
V. To podiatry; or
VI. To simple treatments such as massage or baths; or
VII. To nurses in their legitimate occupations; or
VIII. To cases of emergency; or
IX. To the administration of ordinary household remedies; or
X. To the advertising or sale of patent medicines; or
XI. To those who endeavor to prevent or cure disease or suffering by spiritual means or prayer; or
XII. [Repealed.]
XIII. No physician assistants or other paramedical personnel shall engage in the practice of optometry as defined in RSA 327:1 or perform any service rendered by an optician.
XIV. To such emergency medical services personnel as are approved and licensed by the commissioner of the department of safety under RSA 153-A.
XV. Midwives certified pursuant to RSA 326-D and practicing midwifery pursuant to RSA 326-D:2, V.
Source.
1915, 167:17. PL 204:18. RL 250:18. RSA 329:21. 1971, 542:1. 1975, 186:13. 1977, 106:1. 1986, 219:19, 20. 1989, 290:2. 1992, 48:9, 10. 1993, 179:17, I. 1995, 286:22, 28, XV; 310:182. 1999, 213:9; 345:9. 2001, 228:10, eff. Sept. 9, 2001. 2022, 148:12, eff. Aug. 6, 2022.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 329 - Physicians and Surgeons › Section 329:22 - Similar Rights.

329:22 Similar Rights. –
Nothing in this chapter shall abridge the rights of any class of persons to whom authority is given by any other statute to perform any acts which might be deemed the practice of medicine.
Source.
1915, 167:17. PL 204:19. RL 250:19.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 329 - Physicians and Surgeons › Section 329:23 - Repealed by 1995, 286:28, XVI, eff. Jan. 1, 1996.

329:23 Repealed by 1995, 286:28, XVI, eff. Jan. 1, 1996. –
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 329 - Physicians and Surgeons › Section 329:23-a - License Requirements Suspended; Manchester Veterans Administration Medical Center.

329:23-a License Requirements Suspended;  Manchester Veterans Administration Medical Center. –
I. New Hampshire state licensure laws, rules, and regulations for physicians are hereby suspended for those physicians from other states or countries who are employed by the United States Department of Veterans Affairs and who are offering medical services to patients of the Manchester Veterans Administration Medical Center (VAMC) at licensed medical facilities outside of the Manchester VAMC, provided that such physicians are acting within the scope of their employment at the VAMC and possess a current medical license in good standing in their respective state or country of licensure.
II. The acting director of the Manchester VAMC shall submit to the executive director of the New Hampshire office of professional licensure and certification, or designee, a list of all out-of-state or out-of-country physicians offering services in the state of New Hampshire.
III. Nothing in this section shall be construed to preempt or supplant an individual licensed medical facility's policies regarding the emergency credentialing of physicians or any other medical personnel.
Source.
2018, 266:1, eff. June 14, 2018.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 329 - Physicians and Surgeons › Section 329:24 - Unlawful Practice.

329:24 Unlawful Practice. –
I. Whoever, not being licensed or otherwise authorized according to the law of this state, shall advertise oneself as practicing medicine, or shall practice medicine, according to the meaning of RSA 329, or in any way hold oneself out as qualified so to do, or call oneself a "physician," or whoever does any such acts after receiving notice that such person's license has been revoked is engaged in unlawful practice.
II. A person who engages in unlawful practice shall be guilty of a misdemeanor for the first offense by an individual or entity; and for any subsequent offense the person shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person.
III. The board, after hearing and upon making an affirmative finding under RSA 329:24, I, that the person is engaged in unlawful practice, may take action in any one or more of the following ways:
(a) A cease and desist order in accordance with RSA 329:24, IV.
(b) The imposition of an administrative fine not to exceed $50,000.
(c) The imposition of an administrative fine for continuation of unlawful practice in the amount of $1,000 for each day the activity continues after notice from the board that the activity shall cease.
(d) The denial or conditional denial of a license application, application for renewal, or application for reinstatement.
IV. The board is authorized to issue a cease and desist order against any person or entity engaged in unlawful practice. The cease and desist order shall be enforceable in superior court.
V. The attorney general, the board, or the prosecuting attorney of any county or municipality where the act of unlawful practice takes place may maintain an action to enjoin any person or entity from continuing to do acts of unlawful practice. The action to enjoin shall not replace any other civil, criminal, or regulatory remedy. An injunction without bond is available to the board.
Source.
1915, 167:16. PL 204:21. RL 250:21. RSA 329:24. 1973, 528:215. 1995, 286:23. 1998, 172:1. 2006, 76:18. 2009, 206:17, eff. July 1, 2009.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 329 - Physicians and Surgeons › Section 329:25 - Emergency Treatment.

329:25 Emergency Treatment. –
No person, authorized to practice medicine under this chapter or under the laws of any other state, who, in good faith, renders emergency care at the scene of an emergency without making any charge therefor, shall be liable for any civil damages as a result of acts or omissions by such person in rendering such emergency care, or as a result of any act or failure to act to provide or arrange for further medical treatment or care.
Source.
1963, 256:1. 1965, 53:1, eff. June 13, 1965.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 329 - Physicians and Surgeons › Section 329:25-a - Retired Physicians; Immunity From Civil Liability.

329:25-a Retired Physicians;  Immunity From Civil Liability. –
Any person who has retired from the practice of medicine and who has notified the board of such person's intention to participate in a program for the education of the public in matters involving the practice of medicine may hold himself or herself out as being retired from the active practice of medicine by adding the designation "Ret," or "Retired" after the reference to such person's medical degrees. Any such retired physician shall be immune from civil liability for providing education in good faith, without compensation in public forums or in response to individual inquiries from members of the public. Education as used in this section does not include advice given to individual members of the public which is in the nature of diagnosis or treatment.
Source.
1996, 81:2, eff. Jan. 1, 1997.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 329 - Physicians and Surgeons › Section 329:26 - Confidential Communications.

329:26 Confidential Communications. –
The confidential relations and communications between a physician or surgeon licensed under provisions of this chapter and the patient of such physician or surgeon are placed on the same basis as those provided by law between attorney and client, and, except as otherwise provided by law, no such physician or surgeon shall be required to disclose such privileged communications. Confidential relations and communications between a patient and any person working under the supervision of a physician or surgeon that are customary and necessary for diagnosis and treatment are privileged to the same extent as though those relations or communications were with such supervising physician or surgeon. This section shall not apply to investigations and hearings conducted by the board of medicine under RSA 329, any other statutorily created health occupational licensing or certifying board conducting licensing, certifying, or disciplinary proceedings or hearings conducted pursuant to RSA 135-C:27-54 or RSA 464-A. This section shall also not apply to the release of blood or urine samples and the results of laboratory tests for drugs or blood alcohol content taken from a person for purposes of diagnosis and treatment in connection with the incident giving rise to the investigation for driving a motor vehicle while such person was under the influence of intoxicating liquors or controlled drugs. The use and disclosure of such information shall be limited to the official criminal proceedings.
Source.
1969, 386:1. 1977, 417:21. 1979, 322:21. 1983, 377:11. 1986, 212:2. 1995, 286:24. 1996, 267:2. 2000, 294:4. 2008, 353:1, eff. Sept. 5, 2008.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 329 - Physicians and Surgeons › Section 329:27 - Repealed by 1975, 360:2, I, eff. Aug. 6, 1975.

329:27 Repealed by 1975, 360:2, I, eff. Aug. 6, 1975. –
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 329 - Physicians and Surgeons › Section 329:28 - Repealed by 1975, 360:2, II, eff. Aug. 6, 1975.

329:28 Repealed by 1975, 360:2, II, eff. Aug. 6, 1975. –
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 329 - Physicians and Surgeons › Section 329:29 - Proceedings of the Medical Review Subcommittee.

329:29 Proceedings of the Medical Review Subcommittee. –
All proceedings, records, findings and deliberations of the medical review subcommittee related to the investigations of individual licensees are confidential and privileged and shall not be used or available for use or subject to process in any other proceeding. The manner in which the medical review subcommittee and each member thereof deliberates, decides or votes on any matter submitted to it is likewise confidential and privileged and shall not be the subject of inquiry in any other proceeding. The medical review subcommittee may provide information to a hospital committee organized to evaluate matters relating to the care and treatment of patients or to reduce morbidity and mortality, in accordance with RSA 151:13-a, and subject to the privileges and immunities set forth in that section. All medical review subcommittee proceedings that are unrelated to individual licensees or individual patient care shall be conducted in public session and shall be subject to RSA 91-A.
Source.
1975, 245:1. 1985, 348:1. 1995, 286:26. 2009, 206:18, eff. July 1, 2009.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 329 - Physicians and Surgeons › Section 329:31 - Civil Liability; Duty to Warn.

329:31 Civil Liability;  Duty to Warn. –
I. A physician licensed under this chapter has a duty to warn of, or to take reasonable precautions to provide protection from, a client's violent behavior when the client has communicated to such physician a serious threat of physical violence against a clearly identified or reasonably identifiable victim or victims, or a serious threat of substantial damage to real property.
II. The duty may be discharged by, and no monetary liability or cause of action may arise against, a physician licensed under this chapter if the physician makes reasonable efforts to communicate the threat to the victim or victims, notifies the police department closest to the client's or potential victim's residence, or obtains civil commitment of the client to the state mental health system.
III. No monetary liability and no cause of action may arise concerning client privacy or confidentiality against a physician licensed under this chapter for information disclosed to third parties in an effort to discharge a duty under paragraph II.
IV. For purposes of this section, "physician" shall include persons providing treatment under the supervision of a physician licensed under this chapter.
Source.
1986, 175:1, eff. Jan. 1, 1987.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 329 - Physicians and Surgeons › Section 329:31-a - Certain Contract Restrictions Upon Physicians Unenforceable.

329:31-a Certain Contract Restrictions Upon Physicians Unenforceable. –
Any contract or agreement which creates or established the terms of a partnership, employment, or any other form of professional relationship with a physician licensed by the board to practice in this state, which includes any restriction to the right of such physician to also practice medicine in any geographic area for any period of time after the termination of such partnership, employment, or professional relationship shall be void and unenforceable with respect to said restriction; provided however, that nothing herein shall render void or unenforceable the remaining provision of any such contract or agreement. The requirements of this section shall apply to new contracts or renewals of contracts entered into on or after the effective date of this section.
Source.
2016, 194:1, eff. Aug. 5, 2016.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 329 - Physicians and Surgeons › Section 329:31-b - Prohibition on Balance Billing; Payment for Reasonable Value of Services.

329:31-b Prohibition on Balance Billing;  Payment for Reasonable Value of Services. –
I. When a commercially insured patient is covered by a managed care plan as defined under RSA 420-J:3, XXV, a health care provider performing anesthesiology, radiology, emergency medicine, or pathology services shall not balance bill the patient for fees or amounts other than copayments, deductibles, or coinsurance, if the service is performed in a hospital or ambulatory surgical center that is in-network under the patient's health insurance plan. This prohibition shall apply whether or not the health care provider is contracted with the patient's insurance carrier.
II. Pursuant to paragraph I, fees for health care services submitted to an insurance carrier for payment shall be limited to a commercially reasonable value, based on payments for similar services from New Hampshire insurance carriers to New Hampshire health care providers.
III. In the event of a dispute between a provider and an insurance carrier relative to the reasonable value of a service under this section, the insurance commissioner shall have exclusive jurisdiction under RSA 420-J:8-e to determine if the fee is commercially reasonable. The provider and the insurance carrier shall each make best efforts to resolve any dispute prior to applying to the insurance commissioner for resolution, which shall include presenting to the other party evidence supporting its contention that the fee level it is proposing is commercially reasonable. The department of insurance may require the parties to engage in mediation prior to rendering a decision.
Source.
2018, 356:1, eff. July 1, 2018.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 329 - Physicians and Surgeons › Section 329:33 - Definitions.

329:33 Definitions. –
In this subdivision:
I. "Department" means the department of health and human services.
II. "Medical facility" means any licensed 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.
III. "Partial-birth abortion" means an abortion in which the person performing the abortion:
(a) Deliberately and intentionally vaginally delivers a living fetus until, in the case of a head-first presentation, the entire fetal head is outside the body of the mother, or, in the case of breech presentation, any part of the fetal trunk past the navel is outside the body of the mother, for the purpose of performing an overt act that the person knows will kill the partially delivered living fetus; and
(b) Performs the overt act, other than completion of delivery, that kills the partially delivered living fetus.
IV. "Physician" means a doctor of medicine or osteopathy legally authorized to practice medicine and surgery licensed by the state in which the doctor performs such activity, or any other individual legally authorized by the state to perform abortions; provided, however, that any individual who is not a physician or not otherwise legally authorized by the state to perform abortions, but who nevertheless directly performs a partial-birth abortion, shall be subject to the provisions of this subdivision.
Source.
2012, 283:2, eff. Jan. 1, 2013.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 329 - Physicians and Surgeons › Section 329:34 - Prohibition; Limitations.

329:34 Prohibition;  Limitations. –
I. A person shall not knowingly perform or attempt to perform a partial-birth abortion.
II. No person shall perform or induce a partial-birth abortion on a viable fetus unless such person is a physician and has a documented referral from another physician not legally or financially affiliated with the physician performing or inducing the abortion and both physicians determine that the life of the mother is endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy itself.
Source.
2012, 283:2, eff. Jan. 1, 2013.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 329 - Physicians and Surgeons › Section 329:35 - Reporting.

329:35 Reporting. –
I. If a physician determines in accordance with the provisions of RSA 329:34, II that a partial-birth abortion is necessary and performs a partial-birth abortion on the woman, the physician shall report such determination and the reasons for such determination in writing to the medical facility in which the abortion is performed for inclusion in the report of the medical facility to the department; or if the abortion is not performed in a medical facility, the physician shall report the reasons for such determination in writing to the department as part of the written report made by the physician to the department. The physician shall retain a copy of the written reports required under this section for not less than 5 years.
II. Failure to report under this section shall not subject the physician to criminal or civil penalties under RSA 329:36 and 329:37.
III. Paragraph II shall not preclude sanctions, disciplinary action, or any other appropriate action by the board.
Source.
2012, 283:2, eff. Jan. 1, 2013.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 329 - Physicians and Surgeons › Section 329:36 - Criminal Penalties.

329:36 Criminal Penalties. –
I. In addition to other penalties under this chapter, any person who intentionally or knowingly violates this subdivision shall be guilty of a class B felony.
II. Any physician who intentionally or knowingly performs a partial-birth abortion and thereby kills a human fetus shall be fined not less than $10,000 nor more than $100,000 under this subdivision, or be imprisoned not less than one year nor more than 10 years, or both.
Source.
2012, 283:2, eff. Jan. 1, 2013.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 329 - Physicians and Surgeons › Section 329:37 - Civil Penalties.

329:37 Civil Penalties. –
I. The father, if married to the mother at the time she receives a partial-birth abortion procedure, and, if the mother has not attained the age of 18 years at the time of the abortion, the maternal grandparents of the fetus may in a civil action obtain appropriate relief, unless the pregnancy resulted from the plaintiff's criminal conduct or the plaintiff consented to the abortion.
II. Such relief shall include:
(a) Money damages for all injuries, psychological and physical, occasioned by the violation of this subdivision; and
(b) Statutory damages equal to 3 times the cost of the partial-birth abortion.
Source.
2012, 283:2, eff. Jan. 1, 2013.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 329 - Physicians and Surgeons › Section 329:38 - Review by Board.

329:38 Review by Board. –
I. A physician-defendant accused of an offense under this subdivision may seek a hearing before the board as to whether the physician's conduct was necessary to save the life of the mother whose life was endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy itself.
II. The findings on this issue are admissible on this issue at the civil and criminal trials of the physician-defendant. Upon a motion of the physician-defendant, the court shall delay the beginning of the trial for not more than 30 days to permit such a hearing to take place.
Source.
2012, 283:2, eff. Jan. 1, 2013.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 329 - Physicians and Surgeons › Section 329:39 - Penalties for Ambulatory Health Care Facilities.

329:39 Penalties for Ambulatory Health Care Facilities. –
I. An ambulatory health care facility licensed pursuant to RSA 151 in which the partial-birth abortion is performed in violation of this subdivision shall be subject to immediate revocation of its license by the department.
II. An ambulatory health care facility licensed pursuant to RSA 151 in which the partial-birth abortion is performed in violation of this subdivision shall lose all state funding for 3 years and shall be required to reimburse the state for funds from the fiscal year in which the partial-birth abortion was performed.
Source.
2012, 283:2, eff. Jan. 1, 2013.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 329 - Physicians and Surgeons › Section 329:40 - Prosecutorial Exclusion.

329:40 Prosecutorial Exclusion. –
A woman upon whom a partial-birth abortion is performed may not be prosecuted under this subdivision for a conspiracy to violate RSA 329:34.
Source.
2012, 283:2, eff. Jan. 1, 2013.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 329 - Physicians and Surgeons › Section 329:41 - Construction.

329:41 Construction. –
I. Nothing in this subdivision shall be construed as creating or recognizing a right to abortion.
II. It is not the intention of this subdivision to make lawful an abortion that is currently unlawful.
Source.
2012, 283:2, eff. Jan. 1, 2013.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 329 - Physicians and Surgeons › Section 329:42 - Severability.

329:42 Severability. –
If any provision of this subdivision or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the subdivision which can be given effect without the invalid provision or application, and to this end the provisions of this subdivision are declared to be severable.
Source.
2012, 283:2, eff. Jan. 1, 2013.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 329 - Physicians and Surgeons › Section 329:43 - Definitions.

329:43 Definitions. –
In this subdivision:
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 fetus. Such use, prescription, or means is not an abortion if done with the intent to:
(a) Save the life or preserve the health of the fetus;
(b) Remove a dead fetus caused by spontaneous abortion; or
(c) Remove an ectopic pregnancy.
II. "Attempt to perform" means an act or omission of a statutorily required act that, under the circumstances as the actor believes them to be, constitutes a substantial step in a course of conduct planned to culminate in the performance or inducement of an abortion.
III. "Conception" means the fusion of a human spermatozoon with a human ovum.
IV. "Gestational age" means the time that has elapsed since the first day of the woman's last menstrual period.
V. "Major bodily function" includes, but is not limited to, functions of the immune system, normal cell growth, and digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions.
VI. "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.
VII. "Health care provider" means any person who provides health care services. The term includes but is not limited to medical doctors, doctors of osteopathy, nurses, or any employee of a medical facility.
VIII. "Pregnant" or "pregnancy" means the female reproductive condition of having one or more developing embryos or fetuses implanted in the uterus or elsewhere in the female body.
IX. "Probable gestational age" means what, in reasonable medical judgment, will with reasonable probability be the gestational age of the fetus at the time the abortion is considered, performed, or attempted.
X. "Reasonable medical judgment" means that medical judgment that would be made by a reasonably prudent health care provider in the community, knowledgeable about the case and the treatment possibilities with respect to the medical conditions involved.
XI. "Fetus" means an unborn offspring, from the embryo stage which is the end of the twentieth week after conception or, in the case of in vitro fertilization, the end of the twentieth week after implantation, until birth.
Source.
2021, 91:39, eff. Jan. 1, 2022.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 329 - Physicians and Surgeons › Section 329:44 - Prohibition.

329:44 Prohibition. –
I. Except in the case of a medical emergency as specifically defined in paragraph III, no abortion shall be performed, induced, or attempted by any health care provider unless a health care provider has first made a determination of the probable gestational age of the fetus. In making such a determination, the health care provider shall make such inquiries of the pregnant woman and perform or cause to be performed all such medical examinations, imaging studies, and tests as a reasonably prudent health care provider in the community, knowledgeable about the medical facts and conditions of both the woman and the fetus involved, would consider necessary to perform and consider in making an accurate diagnosis with respect to gestational age, provided, however, that the health care provider shall conduct an obstetric ultrasound examination of the patient for the purpose of making the determination. This paragraph shall be construed to require the performance of an ultrasound only if the provider either knows that the fetus has a gestational age of at least 24 weeks or is conscious of a substantial risk that the fetus has a gestational age of at least 24 weeks.
II. Except in the case of fetal abnormalities incompatible with life, or a medical emergency as specifically defined in paragraph III, no health care provider shall knowingly perform, induce, or attempt to perform an abortion upon a pregnant woman when the probable gestational age of her fetus has been determined to be at least 24 weeks or in the absence of a determination by a health care provider pursuant to paragraph I as to the fetus' probable gestational age.
III. For the purposes of this subdivision only, "medical emergency" means a condition in which an abortion is necessary to preserve the life of the pregnant woman whose life is endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy itself, or when continuation of the pregnancy will create a serious risk of substantial and irreversible impairment of a major bodily function, as defined in RSA 329:43, V, of the pregnant woman.
Source.
2021, 91:39, eff. Jan. 1, 2022. 2022, 86:1, eff. May 20, 2022; 119:1, eff. May 27, 2022.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 329 - Physicians and Surgeons › Section 329:45 - Reporting.

329:45 Reporting. –
I. Any health care provider who performs an abortion under this subdivision shall report, in writing, to the medical facility in which the abortion is performed the reason for the determination that a medical emergency existed. The health care provider's written report shall be included in a written report from the medical facility to the department of health and human services. If the abortion is not performed in a medical facility, the health care provider shall report, in writing, the reason for the determination that a medical emergency existed to the department of health and human services as part of the written report made by the health care provider to the department. The health care provider and the medical facility shall retain a copy of the written reports required under this section for not less than 5 years.
Source.
2021, 91:39, eff. Jan. 1, 2022.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 329 - Physicians and Surgeons › Section 329:46 - Criminal Penalties.

329:46 Criminal Penalties. –
Any health care provider who knowingly performs or induces an abortion in violation of this subdivision and knows that the fetus has a gestational age of at least 24 weeks, or consciously disregards a substantial risk that the fetus has a gestational age of at least 24 weeks, shall be guilty of a class B felony and, in addition to any other penalties the court may impose, be fined not less than $10,000 and not more than $100,000.
Source.
2021, 91:39, eff. Jan. 1, 2022.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 329 - Physicians and Surgeons › Section 329:47 - Civil Remedies.

329:47 Civil Remedies. –
I. The woman, the father of the fetus if married to the mother at the time she receives an abortion in violation of this subdivision, and/or, if the mother has not attained the age of 18 years at the time of the abortion, the maternal grandparents of the fetus may in a civil action obtain appropriate relief, unless the pregnancy resulted from the plaintiff's criminal conduct or, if brought by the maternal grandparents, the maternal grandparents consented to the abortion.
II. Such relief shall include monetary damages for all psychological and physical injuries caused by the violation of this subdivision.
Source.
2021, 91:39, eff. Jan. 1, 2022.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 329 - Physicians and Surgeons › Section 329:48 - Review by New Hampshire Board of Medicine.

329:48 Review by New Hampshire Board of Medicine. –
I. A defendant health care provider accused of violating this subdivision may seek a hearing before the board of medicine as to whether the health care provider's conduct was necessary to save the life of the mother whose life was endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy itself; and/or as to whether the continuation of the pregnancy would have created a serious risk of substantial and irreversible impairment of a major bodily function, as defined in RSA 329:43, V, of the pregnant woman.
II. The findings on this issue are admissible at the criminal and civil trials of the defendant. Upon a motion of the defendant, the court shall delay the beginning of the trial for not more than 30 days to permit such a hearing to take place.
Source.
2021, 91:39, eff. Jan. 1, 2022.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 329 - Physicians and Surgeons › Section 329:50 - Severability.

329:50 Severability. –
If any provision of this subdivision or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the subdivision which can be given effect without the invalid provision or application. This subdivision shall retain its purpose and effect to the maximum extent permitted under the state and federal constitutions, whether through the severance of provisions or applications, judicial injunction or construction, or any other just and proper remedy. The general court further declares that it prefers any judicial remedy whatsoever to one that has the effect of permitting all abortions throughout gestation, whether such permission is effected through the complete invalidation of this subdivision or through any other means.
Source.
2021, 91:39, eff. Jan. 1, 2022.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 329-B - Psychologists › Section 329-B:1 - Purpose; Application.

329-B:1 Purpose;  Application. –
The purpose of this chapter is to regulate the practice of psychology by practitioners in New Hampshire to assure that the services provided are of a quality consistent with the standard of care within the profession, and to safeguard the public against harm which may be caused by untrained, unskilled, or unlicensed practitioners. Specifically, this chapter applies to practitioners providing psychological services and psychology practice to persons as defined under RSA 329-B:2, VII and VIII.
Source.
2012, 233:1, eff. July 1, 2013.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 329-B - Psychologists › Section 329-B:3 - Board of Psychologists.

329-B:3 Board of Psychologists. –
I. There shall be a board of psychologists composed of 5 licensed psychologists, one licensed school psychologist-doctoral or licensed school psychologist-specialist, and 3 public members. The members shall be appointed to a term of 3 years by the governor with the approval of the council. The members of the board shall elect a chairperson on an annual basis. Chairperson terms shall alternate between licensees and public members.
II. The board members shall not serve more than 2 consecutive 3-year terms.
III. Members shall serve terms for the initial board appointment period staggered across the following terms: 2-year, 3-year, and 4-year lengths. Distribution of appointees for each term length shall be one public board member serving in each term length and 2 professionals serving the 2-year and 3-year term lengths and one professional serving the 4-year term length. All subsequent appointments shall be for 3-year terms.
IV. On occasions when the licensed school psychologist board member is recused on a matter, inquiry, or case concerning a licensed school psychologist-doctoral, licensed school psychologist-specialist, or application for such before the board, then a licensed school psychologist-doctoral or licensed school psychologist-specialist from the school psychologist advisory committee shall be allowed to stand in to address the board business for the licensed school psychologist-doctoral or licensed school psychologist-specialist board member for that matter only.
Source.
2012, 233:1, eff. July 1, 2013. 2020, 6:9, 10, eff. Mar. 9, 2020.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 329-B - Psychologists › Section 329-B:4 - Repealed by 2021, 197:118, I, eff. July 1, 2021.

329-B:4 Repealed by 2021, 197:118, I, eff. July 1, 2021. –
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 329-B - Psychologists › Section 329-B:5 - Repealed by 2015, 276:108, XXXIV, eff. July 1, 2015.

329-B:5 Repealed by 2015, 276:108, XXXIV, eff. July 1, 2015. –
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 329-B - Psychologists › Section 329-B:6 - Qualifications; Administrative Members.

329-B:6 Qualifications;  Administrative Members. –
I. Each nonpublic member of the board and the advisory committee shall be a resident of this state and licensed under the provisions of this chapter.
II. Each nonpublic member of the board and all licensed professionals performing board-related duties otherwise immune from civil action pursuant to RSA 329-B:21, V shall comply with and be subject to all provisions of this chapter and the licensee's professional ethical code in performing board-related duties.
III. Each public member of the board shall be a person who is not, and never was a member of the mental health profession or the spouse of any such person, and who does not have, and never has had, a material financial interest in either the provision of mental health services, a health insurance company, health maintenance organization, or an activity directly related to mental health practice, including representation of the boards or profession for a fee, at any time during the 5 years preceding appointment.
IV. Each public member of the board and the advisory committees shall be a resident of this state.
Source.
2012, 233:1, eff. July 1, 2013. 2020, 6:12, eff. Mar. 9, 2020.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 329-B - Psychologists › Section 329-B:7 - Repealed by 2021, 197:118, II, eff. July 1, 2021.

329-B:7 Repealed by 2021, 197:118, II, eff. July 1, 2021. –
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 329-B - Psychologists › Section 329-B:8 - Removal of Members; Vacancies.

329-B:8 Removal of Members;  Vacancies. –
The governor and council may remove any member of the board for misconduct, incompetence, neglect of duty, or other sufficient cause after the member has been given a written statement of the charges and an opportunity to be heard regarding such charges. Any vacancy in the membership of the board occurring otherwise than by expiration of a member's term shall be promptly filled for the unexpired term, after which the replacement board member shall be eligible for one additional consecutive term if reappointed. The replacement board member shall be of the same qualification and appointed by the governor and council.
Source.
2012, 233:1, eff. July 1, 2013.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 329-B - Psychologists › Section 329-B:9 - Organization and Meetings.

329-B:9 Organization and Meetings. –
I. The board shall hold regular annual meetings. Other meetings of the board shall be held at such times and upon such notice as the rules of the board provide. A majority of the members of the board who have been approved by the governor and council shall constitute a quorum.
II. When a quorum is not available for just and timely resolution of a specific matter, former board members or members of the advisory committees may be appointed by the board to serve as acting board members for purposes of obtaining the minimum quorum in the resolution of that specific matter or in an adjudicatory hearing. Advisory committee members shall have the same qualification as the missing or recused board member.
Source.
2012, 233:1, eff. July 1, 2013. 2020, 6:13, eff. Mar. 9, 2020.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 329-B - Psychologists › Section 329-B:10-a - Completion of Survey; Rulemaking.

329-B:10-a Completion of Survey;  Rulemaking. –
The board shall adopt rules, pursuant to RSA 541-A, requiring, as part of the license renewal process, completion by licensees of a survey or opt-out form provided by the office of rural health, department of health and human services, for the purpose of collecting data regarding the New Hampshire primary care workforce, pursuant to the commission established in RSA 126-T. Any rules adopted under this section shall provide the licensee with written notice of his or her opportunity to opt-out from participation in the survey.
Source.
2017, 131:9, eff. June 16, 2017. 2019, 254:11, eff. July 1, 2019.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 329-B - Psychologists › Section 329-B:11 - Receipts and Disbursements.

329-B:11 Receipts and Disbursements. –
The board shall receive and account for all fees under the provisions of this chapter, and shall pay such moneys to be deposited in the office of professional licensure and certification fund.
Source.
2012, 233:1, eff. July 1, 2013. 2017, 192:4, eff. July 1, 2017. 2018, 330:10, eff. July 1, 2018.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 329-B - Psychologists › Section 329-B:12 - Establishment of Fees.

329-B:12 Establishment of Fees. –
I. There shall be a fee for an initial license. The license shall be renewed biennially on or before June 30 upon payment of a renewal fee.
II. The board shall establish fees applicable to psychologists for review of applicants; reinstatement of license; inactive license status; reactivation of an inactive license; examination of applicants; transcribing and transferring records; and other services, including investigations and hearings conducted under this chapter.
Source.
2012, 233:1. 2014, 167:45. 2015, 229:16, eff. July 1, 2015. 2017, 192:5, eff. July 1, 2017. 2022, 314:15, eff. July 1, 2022.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 329-B - Psychologists › Section 329-B:13 - Records and Reports.

329-B:13 Records and Reports. –
The board shall keep records of its proceedings and separate registers of all applications for licensure and all complaints filed against licensees in accordance with the retention policy established by the office of professional licensure and certification. Such records shall show information relative to the application or complaint and the board's response to the application or complaint, without disclosing the identity of those involved, as the rules of the board may prescribe. The records shall be public and shall be open to inspection at all reasonable times, except for records compiled in connection with disciplinary investigations and records otherwise exempt from disclosure under RSA 91-A or other applicable statutes.
Source.
2012, 233:1, eff. July 1, 2013. 2021, 197:115, eff. July 1, 2021.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 329-B - Psychologists › Section 329-B:14 - Information on Sexual Misconduct.

329-B:14 Information on Sexual Misconduct. –
The board shall inform all applicants for licensure under this chapter that the board deems sexual misconduct as provided in RSA 329-B:30 to be unethical, unprofessional, and dishonorable conduct subject to disciplinary action by the board. The board shall make available to all licensees, or persons applying for licensure, under this chapter information and materials, as determined by the board, pursuant to rules adopted under RSA 541-A, regarding such sexual misconduct.
Source.
2012, 233:1, eff. July 1, 2013.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 329-B - Psychologists › Section 329-B:14-a - Criminal History Record Checks.

329-B:14-a Criminal History Record Checks. –
I. Every applicant for initial permanent licensure or reinstatement shall submit to the board a criminal history record release form, as provided by the New Hampshire division of state police, which authorizes the release of his or her criminal history record, if any, to the board.
II. The applicant shall submit with the release form a complete set of fingerprints taken by a qualified law enforcement agency or an authorized employee of the department of safety. In the event that the first set of fingerprints is invalid due to insufficient pattern, a second set of fingerprints shall be necessary in order to complete the criminal history records check. If, after 2 attempts, a set of fingerprints is invalid due to insufficient pattern, the board may, in lieu of the criminal history records check, accept police clearances from every city, town, or county where the person has lived during the past 5 years.
III. The board shall submit the criminal history records release form and fingerprint form to the division of state police which shall conduct a criminal history records check through its records and through the Federal Bureau of Investigation. Upon completion of the records check, the division of state police shall release copies of the criminal history records to the board.
IV. The board shall review the criminal record information prior to making a licensing decision and shall maintain the confidentiality of all criminal history records received pursuant to this section.
V. The applicant shall bear the cost of a criminal history record check.
Source.
2017, 192:12, eff. July 1, 2017. 2018, 318:24, eff. Aug. 24, 2018.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 329-B - Psychologists › Section 329-B:15 - Psychologist License.

329-B:15 Psychologist License. –
I. The board shall issue a psychologist license to any person who:
(a) Has passed a satisfactory examination in psychology.
(b) Has received the doctoral degree based on a program of studies, the content of which was primarily psychological, from a regionally accredited educational institution having a graduate program, or its substantial equivalent in both subject matter and extent of training.
(c) Has had at least 2 years of satisfactory, supervised experience in the field of psychology.
(d) Is of good professional character.
(e) Has paid all fees established and collected by the board.
(f) Has submitted a complete set of fingerprints and a criminal history records release form in accordance with RSA 329-B:14-a.
II. Examinations for applicants under this chapter shall be held by the board at least once each year. The board shall determine the subject and scope of the examination, which may be written, oral, or both. If an applicant fails the first examination, the applicant may be admitted to a subsequent examination upon the payment of an additional fee in the amount established by the board.
Source.
2012, 233:1, eff. July 1, 2013. 2017, 192:6, eff. July 1, 2017. 2018, 318:25, eff. Aug. 24, 2018.