New Mexico 2023 Regular Session Status: Enacted 2 D cosponsors

SB 13 — REPRODUCTIVE HEALTH PROVIDER PROTECTIONS

Last action — Signed

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 14, 2023. Enacted.

Signed by Governor Michelle Lujan Grisham (Democratic) on April 06, 2023.

Prognosis

Advancing 60% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 5 sponsors

    5 primary, 0 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (2 D).

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

250 added · 371 removed

Plain-language change summary

The recent amendments to SB 13 introduced new language defining "gender-affirming health care" and clarified what constitutes a "protected health care activity.” This means that both seeking and providing care for reproductive and gender-affirming health now have specific legal protections. These changes are important as they help ensure that individuals and healthcare providers can operate safely without the fear of legal repercussions simply for engaging in or facilitating this type of care.

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SENATE JUDICIARY COMMITTEE SUBSTITUTE FOR SENATE BILL 13 56TH LEGISLATURE -STATEOFNEWMEXICO- FIRST SESSION, 2023 4 6 8 10 AN ACT RELATING TO HEALTH;
AN ACT RELATING TO HEALTH;
IMPOSING e t 17 PENALTIES;
IMPOSING PENALTIES;
w l n d 18 = = 19 a l BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
i a e r 20 SECTION 1.
SECTION 1.
[NEW MATERIAL] SHORT TITLE.--Sections 1 a t m m 21 through 8 of this act may be cited as the "Reproductive and d r e 22 Gender-Affirming Health Care Protection Act".
SHORT TITLE.--Sections 1 through 8 of this act may be cited as the "Reproductive and Gender-Affirming Health Care Protection Act".
c e s k 23 SECTION 2.
SECTION 2.
[NEW MATERIAL] DEFINITIONS.--As used in the e a n b 24 Reproductive and Gender-Affirming Health Care Protection Act:
DEFINITIONS.--As used in the Reproductive and Gender-Affirming Health Care Protection Act:
u [ A.
A.
"gender-affirming health care" means .225974.3 SJC/SB 13 psychological, behavioral, surgical, pharmaceutical and medical care, services and supplies provided to support an individual's gender identity;
"gender-affirming health care" means psychological, behavioral, surgical, pharmaceutical and medical care, services and supplies provided to support an individual's gender identity;
(a) information;
SJC/SB 13 Page 1 (a) information;
"public body" means a state or local government, an advisory board, a commission, an agency or an entity created by the constitution of New Mexico or a branch of government e t 17 that receives public funding, including political subdivisions, w l n d 18 special tax districts, school districts and institutions of = = 19 higher education;
"public body" means a state or local government, an advisory board, a commission, an agency or an entity created by the constitution of New Mexico or a branch of government that receives public funding, including political subdivisions, special tax districts, school districts and institutions of higher education;
and a l i a e r 20 D.
and D.
"reproductive health care" means psychological, a t m m 21 behavioral, surgical, pharmaceutical and medical care, services d r e 22 and supplies that relate to the human reproductive system, c e s k 23 including services related to:
"reproductive health care" means psychological, behavioral, surgical, pharmaceutical and medical care, services and supplies that relate to the human reproductive system, including services related to:
e a n b 24 (1) preventing a pregnancy;
(1) preventing a pregnancy;
u [ (2) abortion;
(2) abortion;
.225974.3 - 2 - SJC/SB 13 (3) managing a pregnancy loss;
(3) managing a pregnancy loss;
SECTION 3.
SJC/SB 13 Page 2 SECTION 3.
[NEW MATERIAL] PUBLIC BODY--PROHIBITED RELEASE OF INFORMATION RELATED TO A PROTECTED HEALTH CARE ACTIVITY.-- A.
PUBLIC BODY--PROHIBITED RELEASE OF INFORMATION RELATED TO A PROTECTED HEALTH CARE ACTIVITY.-- A.
A public body or an individual or entity acting on behalf of or within the scope of the authority of a public body shall not release information or use resources available to it in furtherance of a foreign investigation or proceeding that seeks to impose civil or criminal liability or e t 17 professional disciplinary action upon an individual or entity w l n d 18 for engaging in a protected health care activity.
A public body or an individual or entity acting on behalf of or within the scope of the authority of a public body shall not release information or use resources available to it in furtherance of a foreign investigation or proceeding that seeks to impose civil or criminal liability or professional disciplinary action upon an individual or entity for engaging in a protected health care activity.
= = 19 B.
B.
A public body or an individual or entity acting a l i a e r 20 on behalf of or within the scope of the authority of a public a t m m 21 body that receives a request for information related to a d r e 22 protected health care activity shall notify the individual or c e s k 23 entity that is the subject of the information request and shall e a n b 24 move to modify or quash the subpoena to prevent the release of u [ protected health care activity information.
A public body or an individual or entity acting on behalf of or within the scope of the authority of a public body that receives a request for information related to a protected health care activity shall notify the individual or entity that is the subject of the information request and shall move to modify or quash the subpoena to prevent the release of protected health care activity information.
Any request for .225974.3 - 3 - SJC/SB 13 information related to a protected health care activity shall be made in writing.
Any request for information related to a protected health care activity shall be made in writing.
This section shall not apply to an investigation or proceeding in which the conduct subject to potential liability would be subject to liability under the laws of this state.
This section shall not apply to an investigation or proceeding in which the conduct subject to potential liability would be subject to liability under the SJC/SB 13 Page 3 laws of this state.
[NEW MATERIAL] FOREIGN SUBPOENAS AND SUMMONSES.-- A.
FOREIGN SUBPOENAS AND SUMMONSES.-- A.
A party shall not submit a foreign subpoena or summons for discovery or a witness to provide testimony related to an interstate investigation or proceeding that seeks to impose civil or criminal liability or professional disciplinary e t 17 action related to a protected health care activity unless the w l n d 18 requesting party submits an attestation, signed under the = = 19 penalty of perjury, that the foreign subpoena or summons a l i a e r 20 relates to an out-of-state action for which the same claim a t m m 21 exists under the laws of this state.
A party shall not submit a foreign subpoena or summons for discovery or a witness to provide testimony related to an interstate investigation or proceeding that seeks to impose civil or criminal liability or professional disciplinary action related to a protected health care activity unless the requesting party submits an attestation, signed under the penalty of perjury, that the foreign subpoena or summons relates to an out-of-state action for which the same claim exists under the laws of this state.
d r e 22 B.
B.
An individual or entity served with a subpoena c e s k 23 that is in violation of this section shall notify the issuing e a n b 24 court and the moving party of the defect and shall not comply u [ with the subpoena until the defect is cured by order of the .225974.3 - 4 - SJC/SB 13 issuing court.
An individual or entity served with a subpoena that is in violation of this section shall notify the issuing court and the moving party of the defect and shall not comply with the subpoena until the defect is cured by order of the issuing court.
[NEW MATERIAL] ABUSIVE LITIGATION-- INTERFERENCE WITH A PROTECTED HEALTH CARE ACTIVITY--CIVIL ACTIONS.-- A.
ABUSIVE LITIGATION--INTERFERENCE WITH A SJC/SB 13 Page 4 PROTECTED HEALTH CARE ACTIVITY--CIVIL ACTIONS.-- A.
For purposes of this section, "abusive litigation" means legal action initiated to deter, prevent, sanction or penalize an individual or entity for engaging in a protected health care activity by initiating a legal action in e t 17 another state where civil or criminal liability is based on w l n d 18 engaging in a protected health care activity in this state or = = 19 attempting to enforce an order or judgment issued in connection a l i a e r 20 with such legal action.
For purposes of this section, "abusive litigation" means legal action initiated to deter, prevent, sanction or penalize an individual or entity for engaging in a protected health care activity by initiating a legal action in another state where civil or criminal liability is based on engaging in a protected health care activity in this state or attempting to enforce an order or judgment issued in connection with such legal action.
a t m m 21 B.
B.
An individual or entity claiming to be aggrieved d r e 22 by abusive litigation may file an action in district court and c e s k 23 seek relief pursuant to Section 8 of the Reproductive and e a n b 24 Gender-Affirming Health Care Protection Act, as well as the u [ amount of a judgment issued in connection with the abusive .225974.3 - 5 - SJC/SB 13 litigation.
An individual or entity claiming to be aggrieved by abusive litigation may file an action in district court and seek relief pursuant to Section 8 of the Reproductive and Gender-Affirming Health Care Protection Act, as well as the amount of a judgment issued in connection with the abusive litigation.
[NEW MATERIAL] HEIGHTENED PROTECTION FOR ELECTRONICALLY TRANSMITTED INFORMATION RELATED TO A PROTECTED HEALTH CARE ACTIVITY.-- A.
HEIGHTENED PROTECTION FOR ELECTRONICALLY TRANSMITTED INFORMATION RELATED TO A PROTECTED HEALTH CARE ACTIVITY.-- A.
For purposes of this section, "third party" means an individual or entity who transmits information related to a protected health care activity, in the normal course of business, in an electronic format.
For purposes of this section, "third party" means an individual or entity who transmits information related to a protected health care activity, in the normal SJC/SB 13 Page 5 course of business, in an electronic format.
It shall be a violation of the Reproductive and Gender-Affirming Health Care Protection Act to request from a e t 17 third party, or for a third party to transmit, information w l n d 18 related to an individual's or entity's protected health care = = 19 activity with the intent to:
It shall be a violation of the Reproductive and Gender-Affirming Health Care Protection Act to request from a third party, or for a third party to transmit, information related to an individual's or entity's protected health care activity with the intent to:
a l i a e r 20 (1) harass, humiliate or intimidate that a t m m 21 individual or entity;
(1) harass, humiliate or intimidate that individual or entity;
d r e 22 (2) incite another to harass, humiliate or c e s k 23 intimidate that individual or entity;
(2) incite another to harass, humiliate or intimidate that individual or entity;
e a n b 24 (3) cause that individual to reasonably fear u [ for that individual's own or family members' safety;
(3) cause that individual to reasonably fear for that individual's own or family members' safety;
.225974.3 - 6 - SJC/SB 13 (4) cause that individual to suffer unwanted physical contact or injury;
(4) cause that individual to suffer unwanted physical contact or injury;
This section shall not apply to a lawsuit or judgment entered in another state that is based on conduct for which a cause of action exists under the laws of New Mexico.
This section shall not apply to a lawsuit or judgment entered in another state that is based on conduct for which a cause of action exists under the laws of SJC/SB 13 Page 6 New Mexico.
[NEW MATERIAL] ENFORCEMENT--PENALTIES.-- A.
ENFORCEMENT--PENALTIES.-- A.
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In an action brought under Subsection A of this section, the court may award appropriate relief, including e t 17 temporary, preliminary or permanent injunctive relief.
In an action brought under Subsection A of this section, the court may award appropriate relief, including temporary, preliminary or permanent injunctive relief.
The w l n d 18 court may also assess a civil penalty for a violation of the = = 19 Reproductive and Gender-Affirming Health Care Protection Act in a l i a e r 20 the amount of ten thousand dollars ($10,000) or actual damages a t m m 21 resulting from each violation, whichever is greater.
The court may also assess a civil penalty for a violation of the Reproductive and Gender-Affirming Health Care Protection Act in the amount of ten thousand dollars ($10,000) or actual damages resulting from each violation, whichever is greater.
d r e 22 SECTION 8.
SECTION 8.
[NEW MATERIAL] PRIVATE RIGHT OF ACTION.-- c e s k 23 A.
PRIVATE RIGHT OF ACTION.-- A.
An individual or entity claiming to be aggrieved e a n b 24 by a violation of the Reproductive and Gender-Affirming Health u [ Care Protection Act may file an action in district court for .225974.3 - 7 - SJC/SB 13 appropriate relief, including temporary, preliminary or permanent injunctive relief, compensatory damages or punitive damages, or for the sum of ten thousand dollars ($10,000) per violation, whichever is greater.
An individual or entity claiming to be aggrieved by a violation of the Reproductive and Gender- Affirming Health Care Protection Act may file an action in district court for appropriate relief, including temporary, preliminary or permanent injunctive relief, compensatory damages or punitive damages, or for the sum of ten thousand dollars ($10,000) per violation, whichever is greater.
In an action brought pursuant to Subsection A of this section, the district court shall award a prevailing plaintiff reasonable attorney fees and costs.
In an action brought pursuant to Subsection A SJC/SB 13 Page 7 of this section, the district court shall award a prevailing plaintiff reasonable attorney fees and costs.
may also surrender, on demand of the executive e t 17 authority of any other state, any person in this state charged w l n d 18 in such other state in the manner provided in Section [3] = = 19 31-4-3 NMSA 1978 with committing an act in this state, or in a a l i a e r 20 third state, intentionally resulting in a crime in the state a t m m 21 whose executive authority is making the demand [and].
may also surrender, on demand of the executive authority of any other state, any person in this state charged in such other state in the manner provided in Section 31-4-3 NMSA 1978 with committing an act in this state, or in a third state, intentionally resulting in a crime in the state whose executive authority is making the demand.
The d r e 22 provisions of [this] the Uniform Criminal Extradition Act not c e s k 23 otherwise inconsistent shall apply to such cases, even though e a n b 24 the accused was not in that state at the time of the commission u [ of the crime and has not fled therefrom;
The provisions of the Uniform Criminal Extradition Act not otherwise inconsistent shall apply to such cases, even though the accused was not in that state at the time of the commission of the crime and has not fled therefrom;
and .225974.3 - 8 - SJC/SB 13 B.
and B.
shall not arrest or deliver a person if the charge is based on engaging in a protected health care activity, pursuant to the provisions of the Reproductive and Gender-Affirming Health Care Protection Act, including a charge based on vicarious, joint or several liability or conspiracy, unless the executive authority of the demanding state alleges in writing that the accused was physically present in the demanding state at the time of the commission of the alleged offense and that thereafter, the accused fled from the demanding state." SECTION 10.
shall not arrest or deliver a person if the charge is based on engaging in a protected health care activity, pursuant to the provisions of the Reproductive and Gender-Affirming Health Care Protection Act, including a charge based on vicarious, joint or several liability or conspiracy, unless the executive authority of the demanding state alleges in writing that the accused was physically present in the demanding state at the time of the commission SJC/SB 13 Page 8 of the alleged offense and that thereafter, the accused fled from the demanding state." SECTION 10.
"[NEW MATERIAL] PROHIBITING CERTAIN ACTIONS BY BOARDS AGAINST LICENSEES OR LICENSE APPLICANTS.--A board shall not take an action pursuant to the Uniform Licensing Act against a license holder or license applicant based solely on a e t 17 licensee's or license applicant's:
"PROHIBITING CERTAIN ACTIONS BY BOARDS AGAINST LICENSEES OR LICENSE APPLICANTS.--A board shall not take an action pursuant to the Uniform Licensing Act against a license holder or license applicant based solely on a licensee's or license applicant's:
w l n d 18 A.
A.
provision of, authorization of, recommendation = = 19 of, assistance in, referral for or other participation in a a l i a e r 20 protected health care activity, as defined in the Reproductive a t m m 21 and Gender-Affirming Health Care Protection Act, in accordance d r e 22 with the laws of New Mexico, including the medical standards of c e s k 23 care, whether the protected health care activity is provided to e a n b 24 a resident of this state or to a resident of another state;
provision of, authorization of, recommendation of, assistance in, referral for or other participation in a protected health care activity, as defined in the Reproductive and Gender-Affirming Health Care Protection Act, in accordance with the laws of New Mexico, including the medical standards of care, whether the protected health care activity is provided to a resident of this state or to a resident of another state;
or u [ B.
or B.
actual or alleged violation of another state's .225974.3 - 9 - SJC/SB 13 laws prohibiting the provision of, authorization of, recommendation of, assistance in, referral for or other participation in a protected health care activity, as defined in the Reproductive and Gender-Affirming Health Care Protection Act, if the protected health care activity provided would have been in accordance with the laws of New Mexico, including the medical standards of care." - 10 - 10 12 14 16 e t 17 w l n d 18 = = 19 a l i a e r 20 a t m m 21 d r e 22 c e s k 23 e a n b 24 u [ .225974.3
actual or alleged violation of another state's laws prohibiting the provision of, authorization of, recommendation of, assistance in, referral for or other participation in a protected health care activity, as defined in the Reproductive and Gender-Affirming Health Care Protection Act, if the protected health care activity provided would have been in accordance with the laws of New Mexico, including the medical standards of care." SCJ/SB 13 Page 9
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Action History

  1. Signed

  2. passed House

  3. DO PASS committee report adopted

  4. Sent to House Judiciary Committee

  5. passed Senate

  6. DO NOT PASS, replaced with committee substitute

  7. DO PASS committee report adopted

  8. Sent to Senate Health and Public Affairs Committee & Senate Judiciary Committee

Sponsors

Sponsorship breakdown

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5 sponsors · 0 co-sponsors · 107 not signed on

Sponsors (5)

Co-sponsors (0)

None.

Not signed on (107)

107 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

civil-rights healthcare
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors SB 13?
SB 13 is sponsored by Hemphill, Siah Correa, McKenna, Brenda G., Rodriguez, Nancy, Linda M. López (Democrat), and Antoinette Sedillo Lopez (Democrat).
What is the current status of SB 13?
This bill has been enacted into law. Introduced February 14, 2023. Enacted.
Where can I track SB 13?
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