New Hampshire is the first state to require physicians to obey some patients’ wishes for sterilization with respect to reproductive health.
The legislation, signed into law on July 15, takes effect Sept. 13. Physicians might require patients to sign an informed consent and waive all damages, but they cannot deny a patient’s wish for sterilization based on personal views.
“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,” according to the law.
Physicians who violate this law could face disciplinary action by the state board of medicine. Except in cases of recklessness or negligence, patients who sign an informed consent or waiver cannot sue providers for resulting sterility or infertility.