Georgia 2025-2026 Regular Session

Georgia House Bill HB488 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	25 LC 46 1115
2	2	House Bill 488
3	3	By: Representatives Westbrook of the 163
4	4	rd
5	5	, Miller of the 62
6	6	nd
7	7	, Oliver of the 84
8	8	th
9	9	, Lim of the
10	10	98
11	11	th
12	12	, Park of the 107
13	13	th
14	14	, and others
15	15	A BILL TO BE ENTITLED
16	16	AN ACT
17	17	To amend Article 3 of Chapter 2A of Title 31 of the Official Code of Georgia Annotated,
18	18	1
19	19	relating to perinatal facilities, so as to explicitly prohibit limited services pregnancy centers2
20	20	from engaging in false or misleading advertising about the products or services provided at3
21	21	such centers; to provide for definitions; to provide for enforcement; to provide for notice and4
22	22	procedures; to provide for penalties; to provide for cause of action; to provide for a short5
23	23	title; to provide for legislative findings; to provide for related matters; to repeal conflicting6
24	24	laws; and for other purposes.7
25	25	BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:8
26	26	SECTION 1.9
27	27	This Act shall be known and may be cited as the "Pregnancy Center Fraud Prevention Act."10
28	28	SECTION 2.11
29	29	The General Assembly finds and declares that:12
30	30	(1) Pregnant individuals are entitled to honest, accurate, and timely information when13
31	31	seeking reproductive healthcare;14
32	32	H. B. 488
33	33	- 1 - 25 LC 46 1115
34	34	(2) Limited services pregnancy centers typically advertise themselves as providers of
35	35	15
36	36	comprehensive healthcare. However, most limited services pregnancy centers do not16
37	37	employ licensed medical professionals or provide referrals for emergency contraception17
38	38	or abortion care;18
39	39	(3) Some limited services pregnancy centers use deceptive advertising tactics to target and19
40	40	acquire clients from historically marginalized groups, including Black, Indigenous, and20
41	41	other people of color; those living in rural areas; LGBTQ+ communities; students; people21
42	42	with lower incomes; and people for whom English is not their first language;22
43	43	(4) According to the American Medical Association's Journal of Ethics, limited services23
44	44	pregnancy centers, also known as antiabortion centers or "crisis pregnancy centers," often24
45	45	aim "to prevent abortions by persuading people that adoption or parenting is a better25
46	46	option";26
47	47	(5) Some limited services pregnancy centers go so far as to advertise medication abortion27
48	48	reversal, a dangerous and deceptive practice that is not supported by science or clinical28
49	49	standards, according to the American College of Obstetricians and Gynecologists;29
50	50	(6) The State of Georgia respects the right of limited services pregnancy centers to counsel30
51	51	against abortions, if the centers are otherwise operating in compliance with this chapter,31
52	52	and the state does not intend by this chapter to regulate, limit, or curtail such advocacy;32
53	53	(7) Time is a critical factor for individuals seeking reproductive healthcare, and no one33
54	54	should be deceived, manipulated, or face unnecessary delays when seeking support or34
55	55	healthcare during pregnancy; and35
56	56	(8) The State of Georgia has determined that there exists a need to regulate false and36
57	57	misleading advertising by limited services pregnancy centers offering limited services.37
58	58	H. B. 488
59	59	- 2 - 25 LC 46 1115
60	60	SECTION 3.
61	61	38
62	62	Article 3 of Chapter 2A of Title 31 of the Official Code of Georgia Annotated, relating to39
63	63	perinatal facilities, is amended by revising Code Section 31-2A-51, relating to definitions,40
64	64	as follows:41
65	65	"31-2A-51.42
66	66	As used in this article, the term:43
67	67	(1) 'Advertising' means representations by way of any medium whatsoever about a
68	68	44
69	69	product or service, regardless of whether such product or service is offered for payment 45
70	70	or will result in profit, for individuals who are or may be pregnant, including, but not46
71	71	limited to, representations made directly to consumers; marketing practices;47
72	72	communication in any print medium such as newspapers, magazines, mailers, or48
73	73	handouts; any broadcast medium such as television or radio; telephone marketing; or49
74	74	advertising over the internet through public websites and website advertisements.50
75	75	(2) 'Client' means an individual who is inquiring about or seeking services at a limited51
76	76	services pregnancy center.52
77	77	(1)(3) 'Designated facility' means a perinatal facility that has been inspected and53
78	78	approved by the department pursuant to this article as meeting its established criteria for54
79	79	a particular maternal or neonatal level of care.55
80	80	(4) 'Emergency contraception' means Levonorgestrel or any other drug, drug regimen,56
81	81	or device used to prevent pregnancy when administered after sexual contact, including57
82	82	prescription and over-the-counter hormonal emergency contraception.58
83	83	(5) 'Health information' means any oral or written information in any form or medium59
84	84	that relates to health insurance or the past, present, or future physical or mental health or60
85	85	condition of a client.61
86	86	(6) 'Limited services pregnancy center' means a pregnancy services center that does not62
87	87	directly provide abortions or emergency contraception, and does not provide referrals to63
88	88	clients for such services.64
89	89	H. B. 488
90	90	- 3 - 25 LC 46 1115
91	91	(2)(7) 'Perinatal facility' means a hospital, clinic, or birthing center that provides65
92	92	maternal or neonatal healthcare healthcare services.66
93	93	(8) 'Pregnancy services center' means a facility, licensed or unlicensed and including a67
94	94	mobile facility, where the primary purpose is to provide products or services to68
95	95	individuals who are or may be pregnant; that either offers pregnancy counseling and69
96	96	pregnancy testing or diagnosis; obstetric ultrasounds, obstetric sonograms, or prenatal70
97	97	care to pregnant people; or has the appearance of a medical facility. A pregnancy71
98	98	services center has the appearance of a medical facility if two or more of the following72
99	99	factors are present:73
100	100	(A) The facility offers pregnancy testing or pregnancy diagnosis;74
101	101	(B) The facility has staff or volunteers who wear medical attire or uniforms;75
102	102	(C) The facility contains one or more examination tables;76
103	103	(D) The facility contains a private or semiprivate room or area containing medical77
104	104	supplies or medical instruments;78
105	105	(E) The facility has staff or volunteers who collect health information from clients; or79
106	106	(F) The facility is located on the same premises as a state licensed medical facility or80
107	107	provider or shares facility space with a state licensed medical provider.81
108	108	(9) 'Premises' means land and improvements or appurtenances or any part thereof.82
109	109	(10) 'Prenatal care' means services consisting of physical examinations, pelvic83
110	110	examinations, or clinical laboratory services provided to an individual who is or who may84
111	111	be pregnant.85
112	112	(11) 'Clinical laboratory services' refers to the microbiological, serological, chemical,86
113	113	hematological, biophysical, cytological or pathological examination of materials derived87
114	114	from the human body, for the purposes of obtaining information for the diagnosis,88
115	115	prevention, or treatment of a disease or the assessment of health condition."89
116	116	H. B. 488
117	117	- 4 - 25 LC 46 1115
118	118	SECTION 4.
119	119	90
120	120	Said article is further amended by revising Code Section 31-2A-56, relating to advertisement91
121	121	prohibited unless designated by department, as follows:92
122	122	"31-2A-56.93
123	123	(a)
124	124	No person or facility may advertise to the public, by way of any medium whatsoever,94
125	125	that it is a designated facility or has achieved a particular level of maternal or neonatal care95
126	126	according to the criteria established pursuant to this article, unless it has been designated96
127	127	as such by the department.97
128	128	(b) No person or limited services pregnancy center shall disseminate or cause to be98
129	129	disseminated before the public in Georgia, or disseminate or cause to be disseminated99
130	130	before the public anywhere from Georgia, any advertising about the actual or proposed100
131	131	products or services available at a limited services pregnancy center if the center knows or,101
132	132	by the exercise of reasonable care, should know that such advertising is untrue or deceptive102
133	133	whether by a statement or omission, or misleading to the public about the nature of the103
134	134	products or services provided.104
135	135	(c) The Attorney General and local district attorneys with jurisdiction may enforce the105
136	136	provisions of this Code section through a civil action in any court of competent jurisdiction. 106
137	137	Before filing an action under this Code section, the Attorney General or local district107
138	138	attorney with jurisdiction shall give written notice of the violation to the person or limited108
139	139	services pregnancy center. The written notice shall indicate that the person or limited109
140	140	services pregnancy center has ten days in which to correct the false, misleading, or110
141	141	deceptive advertising. If the person or limited services pregnancy center has not responded111
142	142	to the written notice within ten days of receiving such notice or refuses to correct the false,112
143	143	misleading, or deceptive advertising within that period, the Attorney General or local113
144	144	district attorney with jurisdiction may file the civil action.114
145	145	(d) The Attorney General or local district attorney with jurisdiction may apply to any court115
146	146	of jurisdiction for injunctive relief compelling compliance with any provision of this Code116
147	147	H. B. 488
148	148	- 5 - 25 LC 46 1115
149	149	section and for any additional equitable relief or for a court order requiring, but not limited117
150	150	to, any of the following from the person or limited services pregnancy center:118
151	151	(1) Paying for and disseminating appropriate corrective advertising in the same form as119
152	152	the false, misleading, or deceptive advertising;120
153	153	(2) Posting a notice on its premises, in a location clearly noticeable from the waiting121
154	154	area, examination area, or both, stating:122
155	155	(A) Whether there is a licensed medical doctor, registered nurse, or other licensed123
156	156	medical practitioner on staff at the center; and124
157	157	(B) Whether abortion, emergency contraception, or referrals for abortion or emergency125
158	158	contraception are available at the center;126
159	159	(3) Paying restitution to any person or persons who are adversely affected by a violation127
160	160	or violations of this Code section; or128
161	161	(4) Any other narrowly tailored relief that the court deems necessary to remedy the129
162	162	adverse effects of the false, misleading, or deceptive advertising on persons seeking130
163	163	pregnancy related products or services.131
164	164	(e) Upon a finding by a court of competent jurisdiction that a person or limited services132
165	165	pregnancy center has violated this Code section:133
166	166	(1) The department shall amend printed materials and materials available on the state's134
167	167	public website developed under Code Section 31-9A-4 to remove contact information for135
168	168	the limited services pregnancy center found to be in violation of this Code section; and136
169	169	(2) The state shall be entitled to recover civil penalties from each and every party137
170	170	responsible for the violation of not less than $500.00 and not more than $5,000.00 per138
171	171	violation. In addition, if the state prevails, it shall be entitled to reasonable attorney's fees139
172	172	and costs pursuant to order of the court.140
173	173	(f) Any person claiming to be injured by the false, misleading, or deceptive advertising of141
174	174	a limited services pregnancy center may bring a cause of action in any court of competent142
175	175	jurisdiction for any and all of the following remedies: compensatory and punitive damages,143
176	176	H. B. 488
177	177	- 6 - 25 LC 46 1115
178	178	injunctive and declaratory relief; attorney's fees and costs, and such other relief as a court144
179	179	deems appropriate.145
180	180	(g) The Attorney General shall develop, a portal on its public website to receive, review,146
181	181	and investigate public complaints of noncompliance.147
182	182	(h) Such portal shall be verified through user testing to be understandable for someone148
183	183	with a fifth grade reading level, accessible to people with disabilities, and take an average149
184	184	user no more than ten minutes to complete the complaint form."150
185	185	SECTION 5.151
186	186	All laws and parts of laws in conflict with this Act are repealed.152
187	187	H. B. 488
188	188	- 7 -