Connecticut 2021 Regular Session

Connecticut Senate Bill SB00835 Compare Versions

Version 1 (Old)

Version 2 (New)

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	7	+	General Assembly Raised Bill No. 835
	8	+	January Session, 2021
	9	+	LCO No. 2758
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5		-	~~Senate Bill No.~~ ~~835~~
	12	+	Referred to Committee on PUBLIC HEALTH
6	13
7		-	Public Act No. 21-17
	14	+
	15	+	Introduced by:
	16	+	(PH)
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10	20		AN ACT CONCERNING DE CEPTIVE ADVERTISING PRACTICES OF
11	21		LIMITED SERVICES PREGNANCY CENTERS.
12	22		Be it enacted by the Senate and House of Representatives in General
13	23		Assembly convened:
14	24
15		-	Section 1. (NEW) (Effective July 1, 2021) As used in this section and
16		-	sections 2 and 3 of this act:
17		-	(1) "Abortion" means the termination of a pregnancy for purposes
18		-	other than producing a live birth. "Abortion" includes, but is not limited
19		-	to, a termination of a pregnancy using pharmacological agents;
20		-	(2) "Client" means an individual who is inquiring about or seeking
21		-	services at a pregnancy services center;
22		-	(3) "Clinical laboratory services" means the microbiological,
23		-	serological, chemical, hematological, biophysical, cytological or
24		-	pathological examination of materials derived from the human body for
25		-	the purpose of obtaining information for the diagnosis, prevention or
26		-	treatment of disease or the assessment of a health condition;
27		-	(4) "Emergency contraception" means one or more prescription drugs
28		-	(A) used separately or in combination for the purpose of preventing
29		-	pregnancy, (B) administered to or self-administered by a patient within Senate Bill No. 835
	25	+	Section 1. (NEW) (Effective July 1, 2021) As used in this section and 1
	26	+	sections 2 and 3 of this act: 2
	27	+	(1) "Abortion" means the termination of a pregnancy for purposes 3
	28	+	other than producing a live birth. "Abortion" includes, but is not limited 4
	29	+	to, a termination of a pregnancy using pharmacological agents; 5
	30	+	(2) "Client" means an individual who is inquiring about or seeking 6
	31	+	services at a pregnancy services center; 7
	32	+	(3) "Clinical laboratory services" means the microbiological, 8
	33	+	serological, chemical, hematological, biophysical, cytological or 9
	34	+	pathological examination of materials derived from the human body for 10
	35	+	the purpose of obtaining information for the diagnosis, prevention or 11
	36	+	treatment of disease or the assessment of a health condition; 12
	37	+	(4) "Emergency contraception" means one or more prescription drugs 13 Raised Bill No. 835
30	38
31		-	Public Act No. 21-17 2 of 4
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33		-	a medically recommended amount of time after sexual intercourse, (C)
34		-	dispensed for such purpose in accordance with professional standards
35		-	of practice, and (D) determined by the United States Food and Drug
36		-	Administration to be safe for such purpose;
37		-	(5) "Health information" means any oral or written information in any
38		-	form or medium that relates to health insurance or the past, present or
39		-	future physical or mental health or condition of a client;
40		-	(6) "Licensed health care provider" means a person licensed under the
41		-	provisions of federal or state law to provide health care or other medical
42		-	services;
43		-	(7) "Limited services pregnancy center" means a pregnancy services
44		-	center that does not directly provide, or provide referrals for, abortions
45		-	or emergency contraception;
46		-	(8) "Pregnancy-related service" means any medical or health
47		-	counseling service related to pregnancy or pregnancy prevention,
48		-	including, but not limited to, contraception and contraceptive
49		-	counseling, pregnancy testing, pregnancy diagnosis, pregnancy options
50		-	counseling, obstetric ultrasound, obstetric sonogram and prenatal care;
51		-	(9) "Pregnancy services center" means a facility, including a mobile
52		-	facility, the primary purpose of which is to provide services to clients
53		-	who are or have reason to believe they may be pregnant and that either
54		-	(A) offers obstetric ultrasounds, obstetric sonograms, pregnancy testing
55		-	or diagnosis or prenatal care to pregnant clients, or (B) has the
56		-	appearance of a medical facility by virtue of having two or more of the
57		-	following factors present: (i) Staff or volunteers who wear medical attire
58		-	and uniforms; (ii) one or more examination tables; (iii) a private or
59		-	semiprivate room or area containing medical supplies or medical
60		-	instruments; (iv) staff or volunteers who collect health information from
61		-	clients; or (v) the facility is located on the same premises as a licensed Senate Bill No. 835
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63		-	Public Act No. 21-17 3 of 4
	44	+	(A) used separately or in combination for the purpose of preventing 14
	45	+	pregnancy, (B) administered to or self-administered by a patient within 15
	46	+	a medically recommended amount of time after sexual intercourse, (C) 16
	47	+	dispensed for such purpose in accordance with professional standards 17
	48	+	of practice, and (D) determined by the United States Food and Drug 18
	49	+	Administration to be safe for such purpose; 19
	50	+	(5) "Health information" means any oral or written information in any 20
	51	+	form or medium that relates to health insurance or the past, present or 21
	52	+	future physical or mental health or condition of a client; 22
	53	+	(6) "Licensed health care provider" means a person licensed under the 23
	54	+	provisions of federal or state law to provide health care or other medical 24
	55	+	services; 25
	56	+	(7) "Limited services pregnancy center" means a pregnancy services 26
	57	+	center that does not directly provide, or provide referrals for, abortions 27
	58	+	or emergency contraception; 28
	59	+	(8) "Pregnancy-related service" means any medical or health 29
	60	+	counseling service related to pregnancy or pregnancy prevention, 30
	61	+	including, but not limited to, contraception and contraceptive 31
	62	+	counseling, pregnancy testing, pregnancy diagnosis, pregnancy options 32
	63	+	counseling, obstetric ultrasound, obstetric sonogram and prenatal care; 33
	64	+	(9) "Pregnancy services center" means a facility, including a mobile 34
	65	+	facility, the primary purpose of which is to provide services to clients 35
	66	+	who are or have reason to believe they may be pregnant and that either 36
	67	+	(A) offers obstetric ultrasounds, obstetric sonograms, pregnancy testing 37
	68	+	or diagnosis or prenatal care to pregnant clients, or (B) has the 38
	69	+	appearance of a medical facility by virtue of having two or more of the 39
	70	+	following factors present: (i) Staff or volunteers who wear medical attire 40
	71	+	and uniforms; (ii) one or more examination tables; (iii) a private or 41
	72	+	semiprivate room or area containing medical supplies or medical 42
	73	+	instruments; (iv) staff or volunteers who collect health information from 43
	74	+	clients; or (v) the facility is located on the same premises as a licensed 44 Raised Bill No. 835
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65		-	health care facility or licensed health care provider or shares facility
66		-	space with a licensed health care provider;
67		-	(10) "Premises" means land and improvements or appurtenances or
68		-	any part thereof; and
69		-	(11) "Prenatal care" means services consisting of a physical
70		-	examination, pelvic examination or clinical laboratory services
71		-	provided to a client during pregnancy.
72		-	Sec. 2. (NEW) (Effective July 1, 2021) No limited services pregnancy
73		-	center, with the intent to perform a pregnancy-related service, shall
74		-	make or disseminate before the public, or cause to be made or
75		-	disseminated before the public, in any newspaper or other publication,
76		-	through any advertising device, or in any other manner, including, but
77		-	not limited to, through use of the Internet, any statement concerning any
78		-	pregnancy-related service or the provision of any pregnancy-related
79		-	service that is deceptive, whether by statement or omission, and that a
80		-	limited services pregnancy center knows or reasonably should know to
81		-	be deceptive.
82		-	Sec. 3. (NEW) (Effective July 1, 2021) (a) The Attorney General may
83		-	apply to any court of competent jurisdiction for injunctive relief to
84		-	compel compliance with the provisions of section 2 of this act and
85		-	correct the effects of the deceptive advertising, provided the Attorney
86		-	General gives written notice to the limited services pregnancy center in
87		-	accordance with subsection (b) of this section. Any injunctive relief
88		-	ordered by the court may include requiring the limited service
89		-	pregnancy center to:
90		-	(1) Pay for and disseminate appropriate corrective advertising in the
91		-	same form and using the same advertising device as used in the
92		-	deceptive advertising;
93		-	(2) Post a remedial notice that corrects the effects of the deceptive Senate Bill No. 835
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95		-	Public Act No. 21-17 4 of 4
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97		-	advertising; or
98		-	(3) Provide such other narrowly tailored relief as the court deems
99		-	necessary to remedy the adverse effects of the deceptive advertising on
100		-	any clients seeking pregnancy-related services.
101		-	(b) Prior to commencing an action pursuant to subsection (a) of this
102		-	section, the Attorney General shall give written notice to the limited
103		-	services pregnancy center of the violation of section 2 of this act and
104		-	allow the limited services pregnancy center to cure such violation not
105		-	later than ten days after receipt of the written notice. The Attorney
106		-	General may file an action pursuant to subsection (a) of this section after
107		-	such ten-day period if the limited services pregnancy center does not
108		-	respond to the written notice or refuses to cure the violation of section 2
109		-	of this act.
110		-	(c) Upon a finding by the court that a limited services pregnancy
111		-	center has violated any provision of section 2 of this act, the state shall
112		-	be entitled to recover (1) civil penalties of not less than fifty dollars and
113		-	not more than five hundred dollars per violation, and (2) reasonable
114		-	attorney's fees and costs.
115		-	(d) Nothing in this section shall prohibit the state or any political
116		-	subdivision thereof from seeking any administrative, legal or equitable
117		-	relief permitted by law, including, but not limited to, relief permitted by
118		-	chapter 735a of the general statutes and the regulations adopted
119		-	thereunder.
	81	+	health care facility or licensed health care provider or shares facility 45
	82	+	space with a licensed health care provider; 46
	83	+	(10) "Premises" means land and improvements or appurtenances or 47
	84	+	any part thereof; and 48
	85	+	(11) "Prenatal care" means services consisting of a physical 49
	86	+	examination, pelvic examination or clinical laboratory services 50
	87	+	provided to a client during pregnancy. 51
	88	+	Sec. 2. (NEW) (Effective July 1, 2021) No limited services pregnancy 52
	89	+	center, with the intent to perform a pregnancy-related service, shall 53
	90	+	make or disseminate before the public, or cause to be made or 54
	91	+	disseminated before the public, in any newspaper or other publication, 55
	92	+	through any advertising device, or in any other manner, including, but 56
	93	+	not limited to, through use of the Internet, any statement concerning any 57
	94	+	pregnancy-related service or the provision of any pregnancy-related 58
	95	+	service that is deceptive, whether by statement or omission, and that a 59
	96	+	limited services pregnancy center knows or reasonably should know to 60
	97	+	be deceptive. 61
	98	+	Sec. 3. (NEW) (Effective July 1, 2021) (a) The Attorney General may 62
	99	+	apply to any court of competent jurisdiction for injunctive relief to 63
	100	+	compel compliance with the provisions of section 2 of this act and 64
	101	+	correct the effects of the deceptive advertising, provided the Attorney 65
	102	+	General gives written notice to the limited services pregnancy center in 66
	103	+	accordance with subsection (b) of this section. Any injunctive relief 67
	104	+	ordered by the court may include requiring the limited service 68
	105	+	pregnancy center to: 69
	106	+	(1) Pay for and disseminate appropriate corrective advertising in the 70
	107	+	same form and using the same advertising device as used in the 71
	108	+	deceptive advertising; 72
	109	+	(2) Post a remedial notice that corrects the effects of the deceptive 73
	110	+	advertising; or 74 Raised Bill No. 835
	111	+
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	117	+	(3) Provide such other narrowly tailored relief as the court deems 75
	118	+	necessary to remedy the adverse effects of the deceptive advertising on 76
	119	+	any clients seeking pregnancy-related services. 77
	120	+	(b) Prior to commencing an action pursuant to subsection (a) of this 78
	121	+	section, the Attorney General shall give written notice to the limited 79
	122	+	services pregnancy center of the violation of section 2 of this act and 80
	123	+	allow the limited services pregnancy center to cure such violation not 81
	124	+	later than ten days after receipt of the written notice. The Attorney 82
	125	+	General may file an action pursuant to subsection (a) of this section after 83
	126	+	such ten-day period if the limited services pregnancy center does not 84
	127	+	respond to the written notice or refuses to cure the violation of section 2 85
	128	+	of this act. 86
	129	+	(c) Upon a finding by the court that a limited services pregnancy 87
	130	+	center has violated any provision of section 2 of this act, the state shall 88
	131	+	be entitled to recover (1) civil penalties of not less than fifty dollars and 89
	132	+	not more than five hundred dollars per violation, and (2) reasonable 90
	133	+	attorney's fees and costs. 91
	134	+	(d) Nothing in this section shall prohibit the state or any political 92
	135	+	subdivision thereof from seeking any administrative, legal or equitable 93
	136	+	relief permitted by law, including, but not limited to, relief permitted by 94
	137	+	chapter 735a of the general statutes and the regulations adopted 95
	138	+	thereunder. 96
	139	+	This act shall take effect as follows and shall amend the following
	140	+	sections:
	141	+
	142	+	Section 1 July 1, 2021 New section
	143	+	Sec. 2 July 1, 2021 New section
	144	+	Sec. 3 July 1, 2021 New section
	145	+
	146	+	PH Joint Favorable
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