ANTI-CHOICE LAWS
Restrictions on Low-Income Women's Access to Abortion
New Hampshire prohibits funding for abortion for women eligible for state medical assistance for general health care unless the procedure is necessary to preserve her life or the pregnancy is the result of rape or incest. Dep't of Health & Human Servs., Office of Health Management, Medicaid Admin.Bureau, Amount, Duration and Scope of Medical and Remedial Care and Services Provided, Attachment 3.1-A, p. 2-a, § 5a (July 1, 1997).
PRO-CHOICE LAWS
Contraceptive Equity
New Hampshire law requires health insurance plans that cover prescription drugs to provide equitable coverage for contraception.
What is required? If a health insurance plan provides coverage for outpatient services or prescription drugs, it must provide coverage for all Food and Drug Administration-approved outpatient contraceptive services or prescription contraceptive drugs and devices.
To which insurance plans does the law apply? Any group or blanket health insurance policies issued or renewed by insurers, health service corporations, and health maintenance organizations (HMOs) that provide coverage for outpatient services or prescription drugs.
Does the law provide additional protections for women? Yes. Coverage for prescription contraceptive drugs and devices and outpatient contraceptive services must be provided under the same terms and conditions as those for other prescription drugs and other outpatient services.
Does the law contain a refusal clause, allowing certain employers and/or insurers to refuse to provide or pay for contraceptive coverage? No.
N.H. Rev. Stat. Ann. §§ 415:18-i, 420-A:17-c, 420-B:8-gg (Enacted 1999).
Emergency Contraception
PHARMACY ACCESS TO EMERGENCY CONTRACEPTION (EC)
New Hampshire explicitly allows pharmacists to provide emergency contraception (EC) directly to women without a prescription. A pharmacist may dispense EC to a woman under standarized procedures developed by the State Pharmacy Board and a practitioner authorized to prescribe drugs.
The pharmacist must provide EC recipients with a standardized fact sheet that includes the indications for use of EC, the appropriate method for using EC, the importance of follow-up health care, and other appropriate information. The State Board of Pharmacy, in consultation with the Commissioner of the Department of Health and Human Services, American College of Obstetricians and Gynecologists, and other health care organizations, is charged with developing the fact sheet.
All pharmacists dispensing EC must first complete an EC education and training in accordance with continuing education requirements established by the board. A pharmacist who has had sufficient recent education and training in emergency contraception may be exempted from the requirements of this section.
N.H. Rev. Stat. Ann. §§ 318:5-a, 318:47-e (Enacted 2005).
