Committee sends proposed reproductive shield law to interim study; jurisdiction and scope questioned

The Senate Judiciary Committee on June 24 voted 'inexpedient to legislate' on a bill the sponsor characterized as a shield law to protect New Hampshire health-care providers and patients from out-of-state enforcement actions. Committee members expressed concerns about the bill’s scope and whether certain language would improperly bind future legislatures.

Sponsor remarks framed the bill as a protection so New Hampshire would not cooperate with enforcement actions originating in other states. Supporters said the measure could help retain medical providers and protect patients who travel to New Hampshire for legally permitted care. One senator referenced testimony from a medical student and concerns at the state’s medical school about provider retention.

Opponents and some committee members questioned how the bill would function in practice. Members raised constitutional and jurisdictional concerns, including whether civil judgments from other states could be affected and whether the bill’s language attempted to constrain future legislators beyond normal statutory limits. A senator noted that some of the issues are now pending before the U.S. Supreme Court and that interstate enforcement raises complicated jurisdictional questions.

After debate the committee carried an ITL motion on the bill; the sponsor agreed to take the bill out of consideration for now. The committee did not adopt the bill or any amendments.