New Mexico 2023 Regular Session Status: Enacted 5 D cosponsors

HB 7 — REPRODUCTIVE & GENDER-AFFIRMING HEALTH CARE

Last action — Signed

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

This bill has been enacted into law. Introduced January 25, 2023. Enacted.

Signed by Governor Michelle Lujan Grisham (Democratic) on March 16, 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 (5 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

134 added · 338 removed

Plain-language change summary

The recently amended HB 7 has introduced a new section that establishes the "Reproductive and Gender-Affirming Health Care Freedom Act," which defines key terms related to reproductive and gender-affirming healthcare. This change is significant because it clearly defines what constitutes gender-affirming health care, ensuring that individuals are aware of their rights and access to necessary services. These definitions will help protect access to essential health care for all individuals in New Mexico.

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HOUSE BILL 7 56TH LEGISLATURE - STATEOFNEWMEXICO- FIRST SESSION, 2023 INTRODUCED BY Linda Serrato and Charlotte Little and Kristina Ortez and Reena Szczepanski and Janelle Anyanonu This document may incorporate amendments proposed by a committee, but not yet adopted, as well as amendments that have been adopted during the current legislative session.
AN ACT RELATING TO HEALTH;
The document is a tool to show amendments in context and cannot be used for the purpose of adding amendments to legislation.
PROTECTING ACCESS TO REPRODUCTIVE AND GENDER-AFFIRMING HEALTH CARE;
AN ACT h RELATING TO HEALTH;
PROTECTING ACCESS TO REPRODUCTIVE AND g o GENDER-AFFIRMING HEALTH CARE;
t hr g e i k IMPOSING PENALTIES;
IMPOSING PENALTIES;
h r i s h , t, BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
e u g e b l e e h SECTION 1.
SECTION 1.
A new section of Chapter 24 NMSA 1978 is n d d i = = o h enacted to read:
l ] b ,d i a º e "[NEW MATERIAL ] SHORT TITLE.--This act may be cited as the r i = r t e w d m a n o "Reproductive and Gender-Affirming Health Care Freedom Act"." d m :
b e d s º o t n = .223121.2AIC March 9, 2023 (12:39am) s k m e e a n e d r e l u [ A d SECTION 2.
"[NEW MATERIAL] DEFINITIONS.--As used in the Reproductive and Gender-Affirming Health Care Freedom Act:
"SHORT TITLE.--This act may be cited as the "Reproductive and Gender-Affirming Health Care Freedom Act"." SECTION 2.
A new section of Chapter 24 NMSA 1978 is enacted to read:
"DEFINITIONS.--As used in the Reproductive and Gender- Affirming Health Care Freedom Act:
"reproductive health care" means psychological, behavioral, surgical, pharmaceutical and medical care, services h and supplies that relate to the human reproductive system, g o t hr including services related to:
"reproductive health care" means psychological, HB 7/a Page 1 behavioral, surgical, pharmaceutical and medical care, services and supplies that relate to the human reproductive system, including services related to:
g e i k (1) preventing a pregnancy;
(1) preventing a pregnancy;
h r i s (2) abortion;
(2) abortion;
h , t, (3) managing a pregnancy loss;
(3) managing a pregnancy loss;
e u g e b l e e h (4) prenatal, birth, perinatal and postpartum n d d i = = o h health;
(4) prenatal, birth, perinatal and postpartum health;
l ] b ,d i a º e (5) managing perimenopause and menopause;
(5) managing perimenopause and menopause;
r i = r t e w d m a n o (6) managing fertility;
(6) managing fertility;
d m :
(7) treating cancers of the reproductive system;
b e d s º o t n = .223121.2AIC March 9, 2023 (12:39am) s k m e - 2 - e a n e d r e l u [ A d (7) treating cancers of the reproductive system;
"[NEW MATERIAL ] PUBLIC BODY PROHIBITED ACTION.-- A.
"PUBLIC BODY PROHIBITED ACTION.-- A.
A public body or HJCº agent»HJC HJCºan entity or individual acting on behalf of or within the scope of the authority»HJC of a public body shall not discriminate against a person based on that person's use of or refusal to use reproductive health care HJCºor gender-affirming health care»HJC services.
A public body or an entity or individual acting on behalf of or within the scope of the authority of a public body shall not discriminate against a person based on that person's use of or refusal to use reproductive health care or gender-affirming health care services.
A public body or HJCºagent»HJC HJCºan entity or individual acting on behalf of or within the scope of the authority»HJC of a public body shall not SJCº, directly or h indirectly,»SJC deny, restrict or interfere with a person's g o t hr ability to access or provide reproductive health care or g e i k gender-affirming health care within the medical standard of h r i s care.
A public body or an entity or individual acting on behalf of or within the scope of the authority of a public body shall not deny, restrict or interfere with a person's HB 7/a Page 2 ability to access or provide reproductive health care or gender-affirming health care within the medical standard of care.
h , t, e u g C.
C.
A public body or HJCº agent»HJC HJCºan entity or e b l e e h individual acting on behalf of or within the scope of the n d d i = = o h authority»HJC of a public body shall not SJCº, directly or l ] b ,d i a º e r i = r indirectly,»SJC deprive, through prosecution, punishment or t e w d m a n o other means, a person's HJCºright»HJC HJCºability»HJC to act d m :
A public body or an entity or individual acting on behalf of or within the scope of the authority of a public body shall not deprive, through prosecution, punishment or other means, a person's ability to act or refrain from acting during the person's pregnancy based on the potential, actual or perceived effect on the pregnancy.
b e d s º o t n = .223121.2AIC March 9, 2023 (12:39am) s k m e - 3 - e a n e d r e l u [ A d or refrain from acting during the SJCºpersons's»SJC SJCºperson's»SJC pregnancy based on the potential, actual or perceived effect on the pregnancy.
A public body or HJCºagent»HJC HJCºan entity or individual acting on behalf of or within the scope of the authority»HJC of a public body shall not impose or continue in effect any law, ordinance, policy or regulation that violates or conflicts with the provisions of the Reproductive and Gender-Affirming Health Care Freedom Act.
A public body or an entity or individual acting on behalf of or within the scope of the authority of a public body shall not impose or continue in effect any law, ordinance, policy or regulation that violates or conflicts with the provisions of the Reproductive and Gender-Affirming Health Care Freedom Act.
SJCº HJCº"»HJC»SJC SJCºSJCº"»SJC»SJC SJCºHJCºE.
E.
Nothing in the Reproductive and Gender- Affirming Health Care Freedom Act shall be construed to require any health care provider or entity to provide care:
(1) that the health care provider or entity does not otherwise provide or have a duty to provide under state or federal law;
h (2) when the provision of service is against u » r t h the medical judgment of the treating health care provider while g e l i acting within the standard of care;
or h r i s (3) when an individual does not provide h , e h t u g payment or a source of payment for the service when it is e b l e e , gh required in the ordinary course of business, unless the health n d d i = = o h care provider has a duty to provide services under state or l ] b ,d i a º r e r = federal law, regardless of the ability to pay."»HJC»SJC t e w d m a n o d m :
b r e t º o t n = .223121.2AIC March 9, 2023 (12:39am) s k m e - 4 - e a n e d r e l u [ A d SJCº E.
or (3) when an individual does not provide payment or a source of payment for the service when it is required in the ordinary course of business, unless the health care provider has a duty to provide services under state or federal law, regardless of the ability to pay.
or (3) when an individual does not provide HB 7/a Page 3 payment or a source of payment for the service when it is required in the ordinary course of business, unless the health care provider has a duty to provide services under state or federal law, regardless of the ability to pay.
Nothing in the Reproductive and Gender-Affirming Health Care Freedom Act shall be construed to require a managed h care organization or health insurance company to cover claims u » r t h that are not otherwise required to be covered by the terms and g e l i conditions of an insurance contract, managed care contract or h r i s state or federal law."»SJC h , e h t u g SECTION 4.
Nothing in the Reproductive and Gender-Affirming Health Care Freedom Act shall be construed to require a managed care organization or health insurance company to cover claims that are not otherwise required to be covered by the terms and conditions of an insurance contract, managed care contract or state or federal law." SECTION 4.
A new section of Chapter 24 NMSA 1978 is e b l e e , gh enacted to read:
A new section of Chapter 24 NMSA 1978 is enacted to read:
n d d i = = o h "[NEW MATERIAL] ENFORCEMENT--PENALTIES.-- l ] b ,d i a º r e r = A.
"ENFORCEMENT--PENALTIES.-- A.
The attorney general or a district attorney may t e w d m a n o d m :
The attorney general or a district attorney may institute a civil action in district court if the attorney general or district attorney has reasonable cause to believe that a violation has occurred or to prevent a violation of the Reproductive and Gender-Affirming Health Care Freedom Act from occurring.
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b r e t º o t n = .223121.2AIC March 9, 2023 (12:39am) s k m e - 5 - e a n e d r e l u [ A d institute a civil action in district court if the attorney general or district attorney has reasonable cause to believe that a violation has occurred or to prevent a violation of the Reproductive and Gender-Affirming Health Care Freedom Act from occurring.
In any action brought under Subsection A of this section, the court may award appropriate relief, including temporary, preliminary or permanent injunctive relief SJCº ,»SJC SJCº.»SJC SJCºcompensatory damages, punitive damages, costs of suit or reasonable attorney fees.
In any action brought under Subsection A of this section, the court may award appropriate relief, including temporary, preliminary or permanent injunctive relief.
The damages provided in this subsection are not exclusive and shall be in addition to other types of relief available under other law.»SJC SJCºC.»SJC The court may assess a civil penalty for a violation of the Reproductive and Gender-Affirming Health Care Freedom Act in the amount of five thousand dollars h ($5,000) or actual damages resulting from each violation, u » r whichever is greater.
The court may assess a civil penalty for a violation of the Reproductive and Gender-Affirming Health Care Freedom Act in the amount of five thousand dollars ($5,000) or actual HB 7/a Page 4 damages resulting from each violation, whichever is greater.
HJCº "»HJC t h g e l i SJCºHJCºD.
C.
Claims pursuant to the Reproductive and h r i s Gender-Affirming Health Care Freedom Act may be brought against h , e h public bodies and entities acting in the course and scope of t u g e b l e e , gh authority of a public body.
Claims pursuant to the Reproductive and Gender- Affirming Health Care Freedom Act may be brought against public bodies and entities acting in the course and scope of authority of a public body, but not against an individual." SECTION 5.
Claims arising from the acts or n d d i = = o h omissions of individual employees and agents of the public body l ] b ,d i a º r e r = or entities may be brought against the public body or entity, t e w d m a n o but not against the individuals."»HJC»SJC d m :
b r e t º o t n = .223121.2AIC March 9, 2023 (12:39am) s k m e - 6 - e a n e d r e l u [ A d SJCºC.
Claims pursuant to the Reproductive and Gender- Affirming Health Care Freedom Act may be brought against public bodies and entities acting in the course and scope of authority of a public body, but not against an individual."»SJC SECTION 5.
"[NEW MATERIAL] PRIVATE RIGHT OF ACTION.-- A.
"PRIVATE RIGHT OF ACTION.-- A.
A person claiming to be aggrieved by a violation of the Reproductive and Gender-Affirming Health Care Freedom Act may maintain an action in district court for appropriate relief, including temporary, preliminary or permanent injunctive relief, compensatory damages or punitive damages SJCº .
A person claiming to be aggrieved by a violation of the Reproductive and Gender-Affirming Health Care Freedom Act may maintain an action in district court for appropriate relief, including temporary, preliminary or permanent injunctive relief, compensatory damages or punitive damages, or the sum of five thousand dollars ($5,000) for each violation of the Reproductive and Gender-Affirming Health Care Freedom Act, whichever is greater.
The damages provided in this section are in addition to other types of relief available under other law»SJC SJCº, or the sum of five thousand dollars ($5,000) for each violation of h the Reproductive and Gender-Affirming Health Care Freedom Act, g o t hr whichever is greater»SJC .
B.
g e i k B.
In any action brought pursuant to Subsection A of this section, the court shall award a prevailing plaintiff reasonable attorney fees and costs to be paid by the defendant.
In any action brought pursuant to Subsection A h r i s of this section, the court shall award a prevailing plaintiff h , t, e u g reasonable attorney fees and costs to be paid by the defendant.
C.
e b l e e h SJCº C.
Claims pursuant to the Reproductive and Gender- Affirming Health Care Freedom Act may be brought against public bodies and entities acting in the course and scope of authority of a public body, but not against an individual." HB 7/a Page 5 25
In any action brought pursuant to Subsection n d d i = = o h A of this section, the court may assess a civil penalty for a l ] b ,d i a º e r i = r violation of the Reproductive and Gender-Affirming Health Care t e w d m a n o Freedom Act in the amount of five thousand dollars ($5,000) or d m :
b e d s º o t n = .223121.2AIC March 9, 2023 (12:39am) s k m e - 7 - e a n e d r e l u [ A d actual damages resulting from each violation, whichever is greater.
HJCº"»HJC HJCºD.
Claims pursuant to the Reproductive and Gender-Affirming Health Care Freedom Act may be brought against public bodies and entities acting in the course and scope of authority of a public body.
Claims arising from the acts or omissions of individual employees and agents of the public body or entities may be brought against the public body or entity, but not against the individuals."»HJC SECTION 6.
SEVERABILITY.--If any part or application of the Reproductive and Gender-Affirming Health Care Freedom Act is held invalid, the remainder or its application to other situations or persons shall not be affected.»SJC SJCºC.
Claims pursuant to the Reproductive and Gender-Affirming Health Care Freedom Act may be brought against public bodies and entities acting in the course and scope of h authority of a public body, but not against an individual."»SJC u » r t h - 8 - g e l i h r i s h , e h t u g e b l e e , gh n d d i = = o h l ] b ,d i a º r e r = t e w d m a n o d m :
b r e t º o t n = .223121.2AIC March 9, 2023 (12:39am) s k m e e a n e d r e l u [ A d
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Action History

  1. Signed

  2. House concurred in Senate amendments

  3. passed Senate

  4. DO PASS, as amended, committee report adopted

  5. DO PASS committee report adopted

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

  7. passed House

  8. DO PASS, as amended, committee report adopted

  9. DO PASS committee report adopted

  10. Sent to House Health & Human Services Committee & House 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
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Frequently asked questions

Who sponsors HB 7?
HB 7 is sponsored by Linda Serrato (Democrat), Charlotte Little (Democrat), Kristina Ortez (Democrat), Reena Szczepanski (Democrat), and Janelle Anyanonu (Democrat).
What is the current status of HB 7?
This bill has been enacted into law. Introduced January 25, 2023. Enacted.
Where can I track HB 7?
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