Part Limitations on Breast Surgeries for Minors Limitations on Breast Surgeries for Minors
Section 329:53
329:53 Prohibitions and Enforcement. –
I. Pursuant to this subdivision and RSA 332-M, no physician shall perform transgender chest surgery on a person under 18 years of age.
II. No physician shall perform breast surgery on a person under 18 years of age unless one or more of the following conditions are met:
(a) The procedure is subsequent to a diagnosis of cancer which necessitates such a procedure as part of a treatment plan;
(b) The procedure is needed to remove malignant tissue and an appropriate margin, and lymph nodes as indicated;
(c) Reconstruction of breast tissue to restore the breasts after injury or infection which requires the removal of breast tissue to restore the physical health of the person;
(d) The procedure is needed to correct gynecomastia and symptomatic macromastia; or
(e) Treatment of congenital deformities of the breast and/or chest wall.
III. A violation of this subdivision is unprofessional conduct and is subject to discipline by the board of medicine under RSA 329, in conjunction with the office of professional licensure and certification under RSA 310. A violation of this subdivision shall not be grounds for additional civil liability, except as allowable by this subdivision and shall not be grounds for criminal liability.
IV. An individual under 18 years of age aggrieved by a violation of this subdivision may bring an action in the superior court for damages and injunctive relief against any person who has committed a violation of this subdivision.
V. An individual under 18 years of age may bring an action during their minority through a parent or next friend, or may bring an action in their own name upon reaching majority. A person shall bring a claim for a violation of this subdivision no later than 2 years after the minor aggrieved by the violation reaches the age of majority.
VI. Notwithstanding any other provision of law, an action under this subdivision may be commenced, and relief may be granted, in a judicial proceeding without regard to whether the person commencing the action has sought or exhausted available administrative remedies.
VII. Notwithstanding RSA 507-E or any other provision of law, the plaintiff may recover damages for all injuries, including but not limited to any costs incurred for any subsequent procedures, therapies, prescriptions, or other treatments related to the unlawful medical procedure or treatment.
VIII. In any action or proceeding to enforce a provision of this subdivision, a prevailing party who establishes a violation of this subdivision shall recover reasonable attorneys' fees.
IX. (a) The attorney general shall have authority to bring suit to enforce compliance with this subdivision.
(b) This subdivision shall not be construed to deny, impair, or otherwise affect any right or authority of the attorney general, the State of New Hampshire, or any agency, officer, or employee of the state, acting under any law other than this chapter, to institute or intervene in any proceeding.