First Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
REVISED
This Version Includes All Amendments Adopted
on Second Reading in the Second House
LLS NO. 23-0540.01 Brita Darling x2241
SENATE BILL 23-190
Senate Committees House Committees
Judiciary Judiciary
A BILL FOR AN ACT
C
ONCERNING POLICIES TO MAKE PUNISHABLE DECEPTIVE ACTIONS101
REGARDING PREGNANCY -RELATED SERVICES.102
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
The bill makes it a deceptive trade practice for a person to make
or disseminate to the public any advertisement that indicates, directly or
indirectly, that the person provides abortions, emergency contraceptives,
or referrals for abortions or emergency contraceptives when the person
knows or reasonably should have known that the person does not provide
those specific services.
HOUSE
2nd Reading Unamended
March 30, 2023
SENATE
3rd Reading Unamended
March 22, 2023
SENATE
Amended 2nd Reading
March 21, 2023
SENATE SPONSORSHIP
Winter F. and Marchman, Cutter, Gonzales, Jaquez Lewis, Moreno, Buckner, Coleman,
Danielson, Fenberg, Fields, Ginal, Hinrichsen, Kolker, Sullivan
HOUSE SPONSORSHIP
McCormick and Epps, Froelich, Titone
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law. A health-care provider engages in unprofessional conduct or is
subject to discipline in this state if the health-care provider provides,
prescribes, administers, or attempts medication abortion reversal in this
state.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. Legislative declaration. (1) The general assembly2
finds and declares that:3
(a) In Colorado, a pregnant individual has a fundamental right to4
continue a pregnancy or to terminate a pregnancy by abortion;5
(b) Pregnant individuals need timely and accurate information6
from qualified medical professionals to make informed decisions about7
their health and well-being;8
(c) According to the American Medical Association's Journal of9
Ethics, anti-abortion centers, also known as "crisis pregnancy centers",
10
aim "to prevent abortions by persuading people that adoption or parenting11
is a better option";12
(d) Anti-abortion centers are the ground-level presence of a13
well-coordinated anti-choice movement;14
(e) Some anti-abortion centers use deceptive advertising tactics to15
target and acquire clients from historically marginalized groups, including16
Black, Indigenous, and other people of color; those who live in rural17
areas; LGBTQ+ communities; students; people with lower incomes; and18
people for whom English is not their first language;19
(f) Some anti-abortion centers go so far as to advertise medication20
abortion reversal, a dangerous and deceptive practice that is not supported21
by science or clinical standards, according to the American College of22
Obstetricians and Gynecologists, or by the United States food and drug23
190-2- administration;1
(g) The American Medical Association states, "[Physicians] do2
not and cannot, without misleading them, tell their patients that it may be3
possible to reverse a medication abortion";4
(h) Time is a critical factor for individuals seeking abortion care;5
and6
(i) No one should be deceived, manipulated, or face unnecessary7
delays when seeking support or health care during pregnancy.8
(2) Therefore, the general assembly finds and declares that it is9
imperative that Colorado stop deceptive trade practices and10
unprofessional conduct with respect to the provision of abortion services11
and medication abortion reversal, and accordingly, the following issues12
are matters of statewide concern:13
(a) Stopping deceptive trade practices relating to access to timely14
abortion and emergency contraceptives, as described in section 6-1-733,15
Colorado Revised Statutes, and medication abortion reversal; and16
(b) Declaring that it is unprofessional conduct for a person17
regulated pursuant to title 12, Colorado Revised Statutes, to provide,18
prescribe, administer, or attempt medication abortion reversal, as19
described in section 12-30-120, Colorado Revised Statutes.20
(3) The general assembly further finds and declares that:21
(a) Section 6-1-105 (1)(e) and (1)(rrr), Colorado Revised Statutes,22
declare, in part, that it is a deceptive trade practice to knowingly or23
recklessly make a false representation as to the characteristics, uses, or24
benefits of products or services or to knowingly or recklessly engage in25
any unfair, unconscionable, deceptive, deliberately misleading, false, or26
fraudulent act or practice; and27
190
-3- (b) This prohibition on deceptive trade practices applies to1
disseminating or causing to be disseminated false advertising relating to2
the provision of abortion or emergency contraceptive services, or referrals3
for those services, and advertising for or providing or offering to provide4
or make available medication abortion reversal.5
SECTION 2. In Colorado Revised Statutes, add 6-1-733 as6
follows:7
6-1-733. Access to abortion services and emergency8
contraception - deceptive trade practice - definitions. (1) A
S USED IN9
THIS SECTION, UNLESS THE CONTEXT OTHERWISE REQUIRES :10
(a) "A
BORTION" HAS THE MEANING SET FORTH IN SECTION11
25-6-402
(1).12
(b) "E
MERGENCY CONTRACEPTIVE " MEANS A DRUG OR DEVICE13
APPROVED BY THE FOOD AND DRUG ADMINISTRATION TO SIGNIFICANTLY14
REDUCE THE RISK OF PREGNANCY IF TAKEN OR ADMINISTERED WITHIN A15
SPECIFIED PERIOD OF TIME AFTER SEXUAL INTERCOURSE , INCLUDING16
EMERGENCY CONTRACEPTIVE PILLS AND INTRAUTERINE DEVICES .17
(c) "F
OOD AND DRUG ADMINISTRATION " MEANS THE FOOD AND18
DRUG ADMINISTRATION IN THE UNITED STATES DEPARTMENT OF HEALTH19
AND HUMAN SERVICES, OR ANY SUCCESSOR ENTITY.20
(2) A
PERSON ENGAGES IN A DECEPTIVE TRADE PRACTICE WHEN21
THE PERSON MAKES OR DISSEMINATES TO THE PUBLIC OR CAUSES TO BE22
MADE OR DISSEMINATED TO THE PUBLIC ANY ADVERTISEMENT THAT23
INDICATES THAT THE PERSON PROVIDES
ABORTIONS OR EMERGENCY24
CONTRACEPTIVES, OR REFERRALS FOR ABORTIONS OR EMERGENCY25
CONTRACEPTIVES, WHEN THE PERSON KNOWS OR REASONABLY SHOULD26
HAVE KNOWN, AT THE TIME OF PUBLICATION OR DISSEMINATION TO THE27
190
-4- PUBLIC OF THE ADVERTISEMENT , THAT THE PERSON DOES NOT PROVIDE1
THOSE SPECIFIC SERVICES.2
SECTION 3. In Colorado Revised Statutes, add 12-30-120 as3
follows:4
12-30-120. Unprofessional conduct - grounds for discipline -5
offering medication abortion reversal - definitions. (1) A
S USED IN6
THIS SECTION:7
(a) "A
BORTION" HAS THE MEANING SET FORTH IN SECTION8
25-6-402
(1).9
(b) "M
EDICATION ABORTION" MEANS AN ABORTION CONDUCTED10
SOLELY THROUGH THE USE OF ONE OR MORE PRESCRIPTION DRUGS .11
(c) "M
EDICATION ABORTION REVERSAL " MEANS ADMINISTERING,12
DISPENSING, DISTRIBUTING, OR DELIVERING A DRUG WITH THE INTENT TO13
INTERFERE WITH, REVERSE, OR HALT A MEDICATION ABORTION.14
(2) (a)
A LICENSEE, REGISTRANT, OR CERTIFICANT ENGAGES IN15
UNPROFESSIONAL CONDUCT OR IS SUBJECT TO DISCIPLINE PURS UANT TO16
THIS TITLE 12 IF THE LICENSEE, REGISTRANT, OR CERTIFICANT PROVIDES,17
PRESCRIBES, ADMINISTERS, OR ATTEMPTS MEDICATION ABORTION18
REVERSAL IN THIS STATE, UNLESS THE COLORADO MEDICAL BOARD19
CREATED IN SECTION 12-240-105 (1), THE STATE BOARD OF PHARMACY20
CREATED IN SECTION 12-280-104 (1), AND THE STATE BOARD OF NURSING21
CREATED IN SECTION 12-255-105 (1), IN CONSULTATION WITH EACH22
OTHER, EACH HAVE IN EFFECT RULES FINDING THAT IT IS A GENERALLY23
ACCEPTED STANDARD OF PRACTICE TO ENGAGE IN MEDICATION ABORTION24
REVERSAL.25
(b) T
HE BOARDS SPECIFIED IN SUBSECTION (2)(a) OF THIS SECTION
26
SHALL PROMULGATE APPLICABLE RULES NO LATER THAN OCTOBER 1,27
190
-5- 2023, IN CONSULTATION WITH EACH OTHER , CONCERNING WHETHER1
ENGAGING IN MEDICATION ABORTION REVERSAL IS A GENERALLY2
ACCEPTED STANDARD OF PRACTICE .3
SECTION 4. Safety clause. The general assembly hereby finds,4
determines, and declares that this act is necessary for the immediate5
preservation of the public peace, health, or safety.6
190
-6-