I. If a physician determines in accordance with the provisions of N.H. Rev. Stat. § 329:34, II that a partial-birth abortion is necessary and performs a partial-birth abortion on the woman, the physician shall report such determination and the reasons for such determination in writing to the medical facility in which the abortion is performed for inclusion in the report of the medical facility to the department; or if the abortion is not performed in a medical facility, the physician shall report the reasons for such determination in writing to the department as part of the written report made by the physician to the department. The physician shall retain a copy of the written reports required under this section for not less than 5 years.
II. Failure to report under this section shall not subject the physician to criminal or civil penalties under N.H. Rev. Stat. § 329:36 and 329:37.
III. Paragraph II shall not preclude sanctions, disciplinary action, or any other appropriate action by the board.