SENATE BILL 23-190
BY SENATOR(S) Winter F. and Marchman, Cutter, Gonzales,
Jaquez Lewis, Moreno, Buckner, Coleman, Danielson, Fields, Ginal,
Hinrichsen, Kolker, Sullivan, Fenberg;
also REPRESENTATIVE(S) McCormick and Epps, Froelich, Titone,
Amabile, Bacon, Bird, Boesenecker, Brown, Daugherty, deGruy Kennedy,
Dickson, Garcia, Gonzales-Gutierrez, Herod, Joseph, Kipp, Lieder,
Lindsay, Lindstedt, Lukens, Mabrey, McLachlan, Parenti, Ricks, Sharbini,
Sirota, Story, Valdez, Velasco, Vigil, Willford, Woodrow, McCluskie,
Michaelson Jenet.
C
ONCERNING POLICIES TO MAKE PUNISHABLE DECEPTIVE ACTIONS
REGARDING PREGNANCY
-RELATED SERVICES.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. Legislative declaration. (1) The general assembly
finds and declares that:
(a) In Colorado, a pregnant individual has a fundamental right to
continue a pregnancy or to terminate a pregnancy by abortion;
(b) Pregnant individuals need timely and accurate information from
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. qualified medical professionals to make informed decisions about their
health and well-being;
(c) According to the American Medical Association's Journal of
Ethics, anti-abortion centers, also known as "crisis pregnancy centers", aim
"to prevent abortions by persuading people that adoption or parenting is a
better option";
(d) Anti-abortion centers are the ground-level presence of a
well-coordinated anti-choice movement;
(e) Some anti-abortion centers use deceptive advertising tactics to
target and acquire clients from historically marginalized groups, including
Black, Indigenous, and other people of color; those who live in rural areas;
LGBTQ+ communities; students; people with lower incomes; and people
for whom English is not their first language;
(f) Some anti-abortion centers go so far as to advertise medication
abortion reversal, a dangerous and deceptive practice that is not supported
by science or clinical standards, according to the American College of
Obstetricians and Gynecologists, or by the United States food and drug
administration;
(g) The American Medical Association states, "[Physicians] do not
and cannot, without misleading them, tell their patients that it may be
possible to reverse a medication abortion";
(h) Time is a critical factor for individuals seeking abortion care;
and
(i) No one should be deceived, manipulated, or face unnecessary
delays when seeking support or health care during pregnancy.
(2) Therefore, the general assembly finds and declares that it is
imperative that Colorado stop deceptive trade practices and unprofessional
conduct with respect to the provision of abortion services and medication
abortion reversal, and accordingly, the following issues are matters of
statewide concern:
(a) Stopping deceptive trade practices relating to access to timely
PAGE 2-SENATE BILL 23-190 abortion and emergency contraceptives, as described in section 6-1-734,
Colorado Revised Statutes, and medication abortion reversal; and
(b) Declaring that it is unprofessional conduct for a person regulated
pursuant to title 12, Colorado Revised Statutes, to provide, prescribe,
administer, or attempt medication abortion reversal, as described in section
12-30-120, Colorado Revised Statutes.
(3) The general assembly further finds and declares that:
(a) Section 6-1-105 (1)(e) and (1)(rrr), Colorado Revised Statutes,
declare, in part, that it is a deceptive trade practice to knowingly or
recklessly make a false representation as to the characteristics, uses, or
benefits of products or services or to knowingly or recklessly engage in any
unfair, unconscionable, deceptive, deliberately misleading, false, or
fraudulent act or practice; and
(b) This prohibition on deceptive trade practices applies to
disseminating or causing to be disseminated false advertising relating to the
provision of abortion or emergency contraceptive services, or referrals for
those services, and advertising for or providing or offering to provide or
make available medication abortion reversal.
SECTION 2. In Colorado Revised Statutes, add 6-1-734 as
follows:
6-1-734. Access to abortion services and emergency
contraception - deceptive trade practice - definitions. (1) A
S USED IN
THIS SECTION
, UNLESS THE CONTEXT OTHERWISE REQUIRES :
(a) "A
BORTION" HAS THE MEANING SET FORTH IN SECTION 25-6-402
(1).
(b) "E
MERGENCY CONTRACEPTIVE " MEANS A DRUG OR DEVICE
APPROVED BY THE FOOD AND DRUG ADMINISTRATION TO SIGNIFICANTLY
REDUCE THE RISK OF PREGNANCY IF TAKEN OR ADMINISTERED WITHIN A
SPECIFIED PERIOD OF TIME AFTER SEXUAL INTERCOURSE
, INCLUDING
EMERGENCY CONTRACEPTIVE PILLS AND INTRAUTERINE DEVICES
.
(c) "F
OOD AND DRUG ADMINISTRATION " MEANS THE FOOD AND DRUG
PAGE 3-SENATE BILL 23-190 ADMINISTRATION IN THE UNITED STATES DEPARTMENT OF HEALTH AND
HUMAN SERVICES
, OR ANY SUCCESSOR ENTITY.
(2) A
PERSON ENGAGES IN A DECEPTIVE TRADE PRACTICE WHEN THE
PERSON MAKES OR DISSEMINATES TO THE PUBLIC OR CAUSES TO BE MADE OR
DISSEMINATED TO THE PUBLIC ANY ADVERTISEMENT THAT INDICATES THAT
THE PERSON PROVIDES ABORTIONS OR EMERGENCY CONTRACEPTIVES
, OR
REFERRALS FOR ABORTIONS OR EMERGENCY CONTRACEPTIVES
, WHEN THE
PERSON KNOWS OR REASONABLY SHOULD HAVE KNOWN
, AT THE TIME OF
PUBLICATION OR DISSEMINATION TO THE PUBLIC OF THE ADVERTISEMENT
,
THAT THE PERSON DOES NOT PROVIDE THOSE SPECIFIC SERVICES .
SECTION 3. In Colorado Revised Statutes, add 12-30-120 as
follows:
12-30-120. Unprofessional conduct - grounds for discipline -
offering medication abortion reversal - definitions. (1) A
S USED IN THIS
SECTION
:
(a) "A
BORTION" HAS THE MEANING SET FORTH IN SECTION 25-6-402
(1).
(b) "M
EDICATION ABORTION" MEANS AN ABORTION CONDUCTED
SOLELY THROUGH THE USE OF ONE OR MORE PRESCRIPTION DRUGS
.
(c) "M
EDICATION ABORTION REVERSAL " MEANS ADMINISTERING,
DISPENSING, DISTRIBUTING, OR DELIVERING A DRUG WITH THE INTENT TO
INTERFERE WITH
, REVERSE, OR HALT A MEDICATION ABORTION.
(2) (a) A
LICENSEE, REGISTRANT, OR CERTIFICANT ENGAGES IN
UNPROFESSIONAL CONDUCT OR IS SUBJECT TO DISCIPLINE PURSUANT TO THIS
TITLE
12 IF THE LICENSEE, REGISTRANT, OR CERTIFICANT PROVIDES ,
PRESCRIBES, ADMINISTERS, OR ATTEMPTS MEDICATION ABORTION REVERSAL
IN THIS STATE
, UNLESS THE COLORADO MEDICAL BOARD CREATED IN
SECTION
12-240-105 (1), THE STATE BOARD OF PHARMACY CREATED IN
SECTION
12-280-104 (1), AND THE STATE BOARD OF NURSING CREATED IN
SECTION
12-255-105 (1), IN CONSULTATION WITH EACH OTHER, EACH HAVE
IN EFFECT RULES FINDING THAT IT IS A GENERALLY ACCEPTED STANDARD OF
PRACTICE TO ENGAGE IN MEDICATION ABORTION REVERSAL
.
PAGE 4-SENATE BILL 23-190 (b) THE BOARDS SPECIFIED IN SUBSECTION (2)(a) OF THIS SECTION
SHALL PROMULGATE APPLICABLE RULES NO LATER THAN
OCTOBER 1, 2023,
IN CONSULTATION WITH EACH OTHER , CONCERNING WHETHER ENGAGING IN
MEDICATION ABORTION REVERSAL IS A GENERALLY ACCEPTED STANDARD OF
PRACTICE
.
SECTION 4. Safety clause. The general assembly hereby finds,
determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, or safety.
____________________________ ____________________________
Steve Fenberg Julie McCluskie
PRESIDENT OF SPEAKER OF THE HOUSE
THE SENATE OF REPRESENTATIVES
____________________________ ____________________________
Cindi L. Markwell Robin Jones
SECRETARY OF CHIEF CLERK OF THE HOUSE
THE SENATE OF REPRESENTATIVES
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 5-SENATE BILL 23-190