Planned Parenthood- Manchester Health Center

We made a public records request to the Department of Health and Human Services.

Abortion clinics in New Hampshire are NOT REQUIRED TO BE LICENSED.

*see response below*

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Subject: Facilities that Perform Abortions

Good morning.  I am responding to your inquiry relative to facilities that perform abortions.  As I indicated to you when we spoke on the telephone, clinics that perform abortions are not required to be licensed under RSA 151.  Hence, they are not inspected.  The only outpatient clinics that are required to be licensed are Walk-In Care clinics, and those clinics do not provide abortion.  Clinics that perform abortions are considered doctors’ offices and related facilities and are exempt from licensing under RSA 151:2,II€ and (f).  Personnel that work in such clinics are licensed and would fall under the jurisdiction of their licensing board.  For example, nurses would fall under the Board of Nursing.

20. This chapter shall not be construed to require licensing of the following:
    (a) Facilities which are operated for the continuing care of one person or 3 or fewer persons in a facility certified by the commissioner of health and human services under RSA 126-A:19 and RSA 126-A:20.
    (b) Facilities maintained or operated for the sole benefit of persons related to the owner or manager by blood or marriage within the third degree of consanguinity.
    (c) Facilities maintained and operated by any church or religious denomination solely for those ordained clergy or members of religious orders.
    (d) Facilities providing only room and board.
    (e) Physicians’ offices and related facilities.
    (f) Offices and related facilities of other persons licensed in this state to practice a health care profession.
    (g) Facilities operating as community health clinics.
    (h) Acute care centers established, operated, or designated by the department pursuant to RSA 141-C:26.
    (i) Any other facility exempted by rules adopted under this chapter.
    III. Facilities licensed under this chapter shall not claim to promote or advertise themselves, in any form or manner, as providing, or being able to provide services other than those for which they are licensed.
    IV. Rules for residential care facilities and supported residential care facilities, as defined in rules adopted by the department pursuant to RSA 541-A, which are licensed pursuant to RSA 151:2, I(e) or certified in accordance with RSA 151:9, VIII, shall permit such facilities to admit residents who have been determined eligible for nursing facility services under a medicaid home and community-based care waiver for the elderly and chronically ill and who have been referred to such a facility as an alternative to placement in a nursing facility, provided that the clinical services and supports required by the person can be provided or obtained in the facility. No bed may be licensed in both the nursing facility and residential care facility categories at the same time.
    V. No person shall operate as, or represent himself or herself as, an individual home care service provider as defined in RSA 151:2-b, V unless that person is registered in accordance with this chapter.
    VI. Beds in nursing homes, skilled nursing facilities, intermediate care facilities, or rehabilitation facilities, including rehabilitation hospitals, facilities offering comprehensive rehabilitation services, and nursing beds in continuing care communities and supported residential health care facilities, may be licensed, replaced, transferred, or relocated only to the same extent that such action would have been allowable under the laws and rules in effect on June 30, 2015.

 

John B. Martin, Deputy Chief Legal Counsel
Office of Legal and Regulatory Services

Bureau of General Counsel
129 Pleasant Street
Concord, NH 03301