Colorado 2023 Regular Session

Colorado Senate Bill SB190 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	First Regular Session
	2	+	Seventy-fourth General Assembly
	3	+	STATE OF COLORADO
	4	+	REREVISED
	5	+	This Version Includes All Amendments
	6	+	Adopted in the Second House
	7	+	LLS NO. 23-0540.01 Brita Darling x2241
1	8		SENATE BILL 23-190
2		-	BY SENATOR(S) Winter F. and Marchman, Cutter, Gonzales,
3		-	Jaquez Lewis, Moreno, Buckner, Coleman, Danielson, Fields, Ginal,
4		-	Hinrichsen, Kolker, Sullivan, Fenberg;
5		-	also REPRESENTATIVE(S) McCormick and Epps, Froelich, Titone,
6		-	Amabile, Bacon, Bird, Boesenecker, Brown, Daugherty, deGruy Kennedy,
7		-	Dickson, Garcia, Gonzales-Gutierrez, Herod, Joseph, Kipp, Lieder,
8		-	Lindsay, Lindstedt, Lukens, Mabrey, McLachlan, Parenti, Ricks, Sharbini,
9		-	Sirota, Story, Valdez, Velasco, Vigil, Willford, Woodrow, McCluskie,
10		-	Michaelson Jenet.
	9	+	Senate Committees House Committees
	10	+	Judiciary Judiciary
	11	+	A BILL FOR AN ACT
11	12		C
12		-	ONCERNING POLICIES TO MAKE PUNISHABLE DECEPTIVE ACTIONS
13		-	REGARDING PREGNANCY
14		-	-RELATED SERVICES.
15		-
16		-	Be it enacted by the General Assembly of the State of Colorado:
17		-	SECTION 1. Legislative declaration. (1) The general assembly
18		-	finds and declares that:
19		-	(a) In Colorado, a pregnant individual has a fundamental right to
20		-	continue a pregnancy or to terminate a pregnancy by abortion;
21		-	(b) Pregnant individuals need timely and accurate information from
22		-	NOTE: This bill has been prepared for the signatures of the appropriate legislative
23		-	officers and the Governor. To determine whether the Governor has signed the bill
24		-	or taken other action on it, please consult the legislative status sheet, the legislative
25		-	history, or the Session Laws.
26		-	________
27		-	Capital letters or bold & italic numbers indicate new material added to existing law; dashes
28		-	through words or numbers indicate deletions from existing law and such material is not part of
29		-	the act. qualified medical professionals to make informed decisions about their
30		-	health and well-being;
31		-	(c) According to the American Medical Association's Journal of
32		-	Ethics, anti-abortion centers, also known as "crisis pregnancy centers", aim
33		-	"to prevent abortions by persuading people that adoption or parenting is a
34		-	better option";
35		-	(d) Anti-abortion centers are the ground-level presence of a
36		-	well-coordinated anti-choice movement;
37		-	(e) Some anti-abortion centers use deceptive advertising tactics to
38		-	target and acquire clients from historically marginalized groups, including
39		-	Black, Indigenous, and other people of color; those who live in rural areas;
40		-	LGBTQ+ communities; students; people with lower incomes; and people
41		-	for whom English is not their first language;
42		-	(f) Some anti-abortion centers go so far as to advertise medication
43		-	abortion reversal, a dangerous and deceptive practice that is not supported
44		-	by science or clinical standards, according to the American College of
45		-	Obstetricians and Gynecologists, or by the United States food and drug
46		-	administration;
47		-	(g) The American Medical Association states, "[Physicians] do not
48		-	and cannot, without misleading them, tell their patients that it may be
49		-	possible to reverse a medication abortion";
50		-	(h) Time is a critical factor for individuals seeking abortion care;
51		-	and
52		-	(i) No one should be deceived, manipulated, or face unnecessary
53		-	delays when seeking support or health care during pregnancy.
54		-	(2) Therefore, the general assembly finds and declares that it is
55		-	imperative that Colorado stop deceptive trade practices and unprofessional
56		-	conduct with respect to the provision of abortion services and medication
57		-	abortion reversal, and accordingly, the following issues are matters of
58		-	statewide concern:
59		-	(a) Stopping deceptive trade practices relating to access to timely
60		-	PAGE 2-SENATE BILL 23-190 abortion and emergency contraceptives, as described in section 6-1-734,
61		-	Colorado Revised Statutes, and medication abortion reversal; and
62		-	(b) Declaring that it is unprofessional conduct for a person regulated
63		-	pursuant to title 12, Colorado Revised Statutes, to provide, prescribe,
64		-	administer, or attempt medication abortion reversal, as described in section
65		-	12-30-120, Colorado Revised Statutes.
66		-	(3) The general assembly further finds and declares that:
67		-	(a) Section 6-1-105 (1)(e) and (1)(rrr), Colorado Revised Statutes,
68		-	declare, in part, that it is a deceptive trade practice to knowingly or
69		-	recklessly make a false representation as to the characteristics, uses, or
70		-	benefits of products or services or to knowingly or recklessly engage in any
71		-	unfair, unconscionable, deceptive, deliberately misleading, false, or
72		-	fraudulent act or practice; and
73		-	(b) This prohibition on deceptive trade practices applies to
74		-	disseminating or causing to be disseminated false advertising relating to the
75		-	provision of abortion or emergency contraceptive services, or referrals for
76		-	those services, and advertising for or providing or offering to provide or
77		-	make available medication abortion reversal.
78		-	SECTION 2. In Colorado Revised Statutes, add 6-1-734 as
79		-	follows:
80		-	6-1-734. Access to abortion services and emergency
	13	+	ONCERNING POLICIES TO MAKE PUNISHABLE DECEPTIVE ACTIONS101
	14	+	REGARDING PREGNANCY -RELATED SERVICES.102
	15	+	Bill Summary
	16	+	(Note: This summary applies to this bill as introduced and does
	17	+	not reflect any amendments that may be subsequently adopted. If this bill
	18	+	passes third reading in the house of introduction, a bill summary that
	19	+	applies to the reengrossed version of this bill will be available at
	20	+	http://leg.colorado.gov
	21	+	.)
	22	+	The bill makes it a deceptive trade practice for a person to make
	23	+	or disseminate to the public any advertisement that indicates, directly or
	24	+	indirectly, that the person provides abortions, emergency contraceptives,
	25	+	or referrals for abortions or emergency contraceptives when the person
	26	+	knows or reasonably should have known that the person does not provide
	27	+	those specific services.
	28	+	HOUSE
	29	+	3rd Reading Unamended
	30	+	April 1, 2023
	31	+	HOUSE
	32	+	2nd Reading Unamended
	33	+	March 30, 2023
	34	+	SENATE
	35	+	3rd Reading Unamended
	36	+	March 22, 2023
	37	+	SENATE
	38	+	Amended 2nd Reading
	39	+	March 21, 2023
	40	+	SENATE SPONSORSHIP
	41	+	Winter F. and Marchman, Cutter, Gonzales, Jaquez Lewis, Moreno, Buckner, Coleman,
	42	+	Danielson, Fenberg, Fields, Ginal, Hinrichsen, Kolker, Sullivan
	43	+	HOUSE SPONSORSHIP
	44	+	McCormick and Epps, Froelich, Titone, Amabile, Bacon, Bird, Boesenecker, Brown,
	45	+	Daugherty, deGruy Kennedy, Dickson, Garcia, Gonzales-Gutierrez, Herod, Joseph, Kipp,
	46	+	Lieder, Lindsay, Lindstedt, Lukens, Mabrey, McCluskie, McLachlan, Parenti, Ricks,
	47	+	Sharbini, Sirota, Story, Valdez, Velasco, Vigil, Willford, Woodrow
	48	+	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
	49	+	Capital letters or bold & italic numbers indicate new material to be added to existing law.
	50	+	Dashes through the words or numbers indicate deletions from existing law. A health-care provider engages in unprofessional conduct or is
	51	+	subject to discipline in this state if the health-care provider provides,
	52	+	prescribes, administers, or attempts medication abortion reversal in this
	53	+	state.
	54	+	Be it enacted by the General Assembly of the State of Colorado:1
	55	+	SECTION 1. Legislative declaration. (1) The general assembly2
	56	+	finds and declares that:3
	57	+	(a) In Colorado, a pregnant individual has a fundamental right to4
	58	+	continue a pregnancy or to terminate a pregnancy by abortion;5
	59	+	(b) Pregnant individuals need timely and accurate information6
	60	+	from qualified medical professionals to make informed decisions about7
	61	+	their health and well-being;8
	62	+	(c) According to the American Medical Association's Journal of9
	63	+	Ethics, anti-abortion centers, also known as "crisis pregnancy centers",
	64	+	10
	65	+	aim "to prevent abortions by persuading people that adoption or parenting11
	66	+	is a better option";12
	67	+	(d) Anti-abortion centers are the ground-level presence of a13
	68	+	well-coordinated anti-choice movement;14
	69	+	(e) Some anti-abortion centers use deceptive advertising tactics to15
	70	+	target and acquire clients from historically marginalized groups, including16
	71	+	Black, Indigenous, and other people of color; those who live in rural17
	72	+	areas; LGBTQ+ communities; students; people with lower incomes; and18
	73	+	people for whom English is not their first language;19
	74	+	(f) Some anti-abortion centers go so far as to advertise medication20
	75	+	abortion reversal, a dangerous and deceptive practice that is not supported21
	76	+	by science or clinical standards, according to the American College of22
	77	+	Obstetricians and Gynecologists, or by the United States food and drug23
	78	+	190-2- administration;1
	79	+	(g) The American Medical Association states, "[Physicians] do2
	80	+	not and cannot, without misleading them, tell their patients that it may be3
	81	+	possible to reverse a medication abortion";4
	82	+	(h) Time is a critical factor for individuals seeking abortion care;5
	83	+	and6
	84	+	(i) No one should be deceived, manipulated, or face unnecessary7
	85	+	delays when seeking support or health care during pregnancy.8
	86	+	(2) Therefore, the general assembly finds and declares that it is9
	87	+	imperative that Colorado stop deceptive trade practices and10
	88	+	unprofessional conduct with respect to the provision of abortion services11
	89	+	and medication abortion reversal, and accordingly, the following issues12
	90	+	are matters of statewide concern:13
	91	+	(a) Stopping deceptive trade practices relating to access to timely14
	92	+	abortion and emergency contraceptives, as described in section 6-1-733,15
	93	+	Colorado Revised Statutes, and medication abortion reversal; and16
	94	+	(b) Declaring that it is unprofessional conduct for a person17
	95	+	regulated pursuant to title 12, Colorado Revised Statutes, to provide,18
	96	+	prescribe, administer, or attempt medication abortion reversal, as19
	97	+	described in section 12-30-120, Colorado Revised Statutes.20
	98	+	(3) The general assembly further finds and declares that:21
	99	+	(a) Section 6-1-105 (1)(e) and (1)(rrr), Colorado Revised Statutes,22
	100	+	declare, in part, that it is a deceptive trade practice to knowingly or23
	101	+	recklessly make a false representation as to the characteristics, uses, or24
	102	+	benefits of products or services or to knowingly or recklessly engage in25
	103	+	any unfair, unconscionable, deceptive, deliberately misleading, false, or26
	104	+	fraudulent act or practice; and27
	105	+	190
	106	+	-3- (b) This prohibition on deceptive trade practices applies to1
	107	+	disseminating or causing to be disseminated false advertising relating to2
	108	+	the provision of abortion or emergency contraceptive services, or referrals3
	109	+	for those services, and advertising for or providing or offering to provide4
	110	+	or make available medication abortion reversal.5
	111	+	SECTION 2. In Colorado Revised Statutes, add 6-1-733 as6
	112	+	follows:7
	113	+	6-1-733. Access to abortion services and emergency8
81	114		contraception - deceptive trade practice - definitions. (1) A
82		-	S USED IN
83		-	THIS SECTION
84		-	, UNLESS THE CONTEXT OTHERWISE REQUIRES :
	115	+	S USED IN9
	116	+	THIS SECTION, UNLESS THE CONTEXT OTHERWISE REQUIRES :10
85	117		(a) "A
86		-	BORTION" HAS THE MEANING SET FORTH IN SECTION 25-6-402
87		-	(1).
	118	+	BORTION" HAS THE MEANING SET FORTH IN SECTION11
	119	+	25-6-402
	120	+	(1).12
88	121		(b) "E
89		-	MERGENCY CONTRACEPTIVE " MEANS A DRUG OR DEVICE
90		-	APPROVED BY THE FOOD AND DRUG ADMINISTRATION TO SIGNIFICANTLY
91		-	REDUCE THE RISK OF PREGNANCY IF TAKEN OR ADMINISTERED WITHIN A
92		-	SPECIFIED PERIOD OF TIME AFTER SEXUAL INTERCOURSE
93		-	, INCLUDING
94		-	EMERGENCY CONTRACEPTIVE PILLS AND INTRAUTERINE DEVICES
95		-	.
	122	+	MERGENCY CONTRACEPTIVE " MEANS A DRUG OR DEVICE13
	123	+	APPROVED BY THE FOOD AND DRUG ADMINISTRATION TO SIGNIFICANTLY14
	124	+	REDUCE THE RISK OF PREGNANCY IF TAKEN OR ADMINISTERED WITHIN A15
	125	+	SPECIFIED PERIOD OF TIME AFTER SEXUAL INTERCOURSE , INCLUDING16
	126	+	EMERGENCY CONTRACEPTIVE PILLS AND INTRAUTERINE DEVICES .17
96	127		(c) "F
97		-	OOD AND DRUG ADMINISTRATION " MEANS THE FOOD AND DRUG
98		-	PAGE 3-SENATE BILL 23-190 ADMINISTRATION IN THE UNITED STATES DEPARTMENT OF HEALTH AND
99		-	HUMAN SERVICES
100		-	, OR ANY SUCCESSOR ENTITY.
	128	+	OOD AND DRUG ADMINISTRATION " MEANS THE FOOD AND18
	129	+	DRUG ADMINISTRATION IN THE UNITED STATES DEPARTMENT OF HEALTH19
	130	+	AND HUMAN SERVICES, OR ANY SUCCESSOR ENTITY.20
101	131		(2) A
102		-	PERSON ENGAGES IN A DECEPTIVE TRADE PRACTICE WHEN THE
103		-	PERSON MAKES OR DISSEMINATES TO THE PUBLIC OR CAUSES TO BE MADE OR
104		-	DISSEMINATED TO THE PUBLIC ANY ADVERTISEMENT THAT INDICATES THAT
105		-	THE PERSON PROVIDES ABORTIONS OR EMERGENCY CONTRACEPTIVES
106		-	, OR
107		-	REFERRALS FOR ABORTIONS OR EMERGENCY CONTRACEPTIVES
108		-	, WHEN THE
109		-	PERSON KNOWS OR REASONABLY SHOULD HAVE KNOWN
110		-	, AT THE TIME OF
111		-	PUBLICATION OR DISSEMINATION TO THE PUBLIC OF THE ADVERTISEMENT
112		-	,
113		-	THAT THE PERSON DOES NOT PROVIDE THOSE SPECIFIC SERVICES .
114		-	SECTION 3. In Colorado Revised Statutes, add 12-30-120 as
115		-	follows:
116		-	12-30-120. Unprofessional conduct - grounds for discipline -
	132	+	PERSON ENGAGES IN A DECEPTIVE TRADE PRACTICE WHEN21
	133	+	THE PERSON MAKES OR DISSEMINATES TO THE PUBLIC OR CAUSES TO BE22
	134	+	MADE OR DISSEMINATED TO THE PUBLIC ANY ADVERTISEMENT THAT23
	135	+	INDICATES THAT THE PERSON PROVIDES
	136	+	ABORTIONS OR EMERGENCY24
	137	+	CONTRACEPTIVES, OR REFERRALS FOR ABORTIONS OR EMERGENCY25
	138	+	CONTRACEPTIVES, WHEN THE PERSON KNOWS OR REASONABLY SHOULD26
	139	+	HAVE KNOWN, AT THE TIME OF PUBLICATION OR DISSEMINATION TO THE27
	140	+	190
	141	+	-4- PUBLIC OF THE ADVERTISEMENT , THAT THE PERSON DOES NOT PROVIDE1
	142	+	THOSE SPECIFIC SERVICES.2
	143	+	SECTION 3. In Colorado Revised Statutes, add 12-30-120 as3
	144	+	follows:4
	145	+	12-30-120. Unprofessional conduct - grounds for discipline -5
117	146		offering medication abortion reversal - definitions. (1) A
118		-	S USED IN THIS
119		-	SECTION
120		-	:
	147	+	S USED IN6
	148	+	THIS SECTION:7
121	149		(a) "A
122		-	BORTION" HAS THE MEANING SET FORTH IN SECTION 25-6-402
123		-	(1).
	150	+	BORTION" HAS THE MEANING SET FORTH IN SECTION8
	151	+	25-6-402
	152	+	(1).9
124	153		(b) "M
125		-	EDICATION ABORTION" MEANS AN ABORTION CONDUCTED
126		-	SOLELY THROUGH THE USE OF ONE OR MORE PRESCRIPTION DRUGS
127		-	.
	154	+	EDICATION ABORTION" MEANS AN ABORTION CONDUCTED10
	155	+	SOLELY THROUGH THE USE OF ONE OR MORE PRESCRIPTION DRUGS .11
128	156		(c) "M
129		-	EDICATION ABORTION REVERSAL " MEANS ADMINISTERING,
130		-	DISPENSING, DISTRIBUTING, OR DELIVERING A DRUG WITH THE INTENT TO
131		-	INTERFERE WITH
132		-	, REVERSE, OR HALT A MEDICATION ABORTION.
133		-	(2) (a) A
134		-	LICENSEE, REGISTRANT, OR CERTIFICANT ENGAGES IN
135		-	UNPROFESSIONAL CONDUCT OR IS SUBJECT TO DISCIPLINE PURSUANT TO THIS
136		-	TITLE
137		-	12 IF THE LICENSEE, REGISTRANT, OR CERTIFICANT PROVIDES ,
138		-	PRESCRIBES, ADMINISTERS, OR ATTEMPTS MEDICATION ABORTION REVERSAL
139		-	IN THIS STATE
140		-	, UNLESS THE COLORADO MEDICAL BOARD CREATED IN
141		-	SECTION
142		-	12-240-105 (1), THE STATE BOARD OF PHARMACY CREATED IN
143		-	SECTION
144		-	12-280-104 (1), AND THE STATE BOARD OF NURSING CREATED IN
145		-	SECTION
146		-	12-255-105 (1), IN CONSULTATION WITH EACH OTHER, EACH HAVE
147		-	IN EFFECT RULES FINDING THAT IT IS A GENERALLY ACCEPTED STANDARD OF
148		-	PRACTICE TO ENGAGE IN MEDICATION ABORTION REVERSAL
149		-	.
150		-	PAGE 4-SENATE BILL 23-190 (b) THE BOARDS SPECIFIED IN SUBSECTION (2)(a) OF THIS SECTION
151		-	SHALL PROMULGATE APPLICABLE RULES NO LATER THAN
152		-	OCTOBER 1, 2023,
153		-	IN CONSULTATION WITH EACH OTHER , CONCERNING WHETHER ENGAGING IN
154		-	MEDICATION ABORTION REVERSAL IS A GENERALLY ACCEPTED STANDARD OF
155		-	PRACTICE
156		-	.
157		-	SECTION 4. Safety clause. The general assembly hereby finds,
158		-	determines, and declares that this act is necessary for the immediate
159		-	preservation of the public peace, health, or safety.
160		-	____________________________ ____________________________
161		-	Steve Fenberg Julie McCluskie
162		-	PRESIDENT OF SPEAKER OF THE HOUSE
163		-	THE SENATE OF REPRESENTATIVES
164		-	____________________________ ____________________________
165		-	Cindi L. Markwell Robin Jones
166		-	SECRETARY OF CHIEF CLERK OF THE HOUSE
167		-	THE SENATE OF REPRESENTATIVES
168		-	APPROVED________________________________________
169		-	(Date and Time)
170		-	_________________________________________
171		-	Jared S. Polis
172		-	GOVERNOR OF THE STATE OF COLORADO
173		-	PAGE 5-SENATE BILL 23-190
	157	+	EDICATION ABORTION REVERSAL " MEANS ADMINISTERING,12
	158	+	DISPENSING, DISTRIBUTING, OR DELIVERING A DRUG WITH THE INTENT TO13
	159	+	INTERFERE WITH, REVERSE, OR HALT A MEDICATION ABORTION.14
	160	+	(2) (a)
	161	+	A LICENSEE, REGISTRANT, OR CERTIFICANT ENGAGES IN15
	162	+	UNPROFESSIONAL CONDUCT OR IS SUBJECT TO DISCIPLINE PURS UANT TO16
	163	+	THIS TITLE 12 IF THE LICENSEE, REGISTRANT, OR CERTIFICANT PROVIDES,17
	164	+	PRESCRIBES, ADMINISTERS, OR ATTEMPTS MEDICATION ABORTION18
	165	+	REVERSAL IN THIS STATE, UNLESS THE COLORADO MEDICAL BOARD19
	166	+	CREATED IN SECTION 12-240-105 (1), THE STATE BOARD OF PHARMACY20
	167	+	CREATED IN SECTION 12-280-104 (1), AND THE STATE BOARD OF NURSING21
	168	+	CREATED IN SECTION 12-255-105 (1), IN CONSULTATION WITH EACH22
	169	+	OTHER, EACH HAVE IN EFFECT RULES FINDING THAT IT IS A GENERALLY23
	170	+	ACCEPTED STANDARD OF PRACTICE TO ENGAGE IN MEDICATION ABORTION24
	171	+	REVERSAL.25
	172	+	(b) T
	173	+	HE BOARDS SPECIFIED IN SUBSECTION (2)(a) OF THIS SECTION
	174	+	26
	175	+	SHALL PROMULGATE APPLICABLE RULES NO LATER THAN OCTOBER 1,27
	176	+	190
	177	+	-5- 2023, IN CONSULTATION WITH EACH OTHER , CONCERNING WHETHER1
	178	+	ENGAGING IN MEDICATION ABORTION REVERSAL IS A GENERALLY2
	179	+	ACCEPTED STANDARD OF PRACTICE .3
	180	+	SECTION 4. Safety clause. The general assembly hereby finds,4
	181	+	determines, and declares that this act is necessary for the immediate5
	182	+	preservation of the public peace, health, or safety.6
	183	+	190
	184	+	-6-