HB 7070 — AN ACT CONCERNING DECEPTIVE ADVERTISING PRACTICES OF LIMITED SERVICES PREGNANCY CENTERS.

General Assembly SubstituteRaised Bill No.

7070 January Session, 2019 ANLCO ACTNo. CONCERNING DECEPTIVE ADVERTISING PRACTICES OF LIMITED SERVICES PREGNANCY CENTERS.

3577 Referred to Committee on PUBLIC HEALTH Introduced by:

(PH) AN ACT CONCERNING DECEPTIVE ADVERTISING PRACTICES OF LIMITED SERVICES PREGNANCY CENTERS.

(NEW) (Effective July 1, 2019) As used in this section and sections 2 and 3 of this act:act, the following terms shall have the following meanings:

(3) "Clinical laboratory services" means the microbiological, serological, chemical, hematological, biophysical, cytologicalcytological, or pathological examination of materials derived from the human body for the purpose of obtaining information for the diagnosis, preventionprevention, or treatment of disease or the assessment of a health condition;

(4) "Emergency contraception" means one or more prescription drugs (A) used separately or in combination for the purpose of preventing pregnancy, (B) administered to or self-administered by a patient within a medically recommended amount of time after sexual intercourse, (C) dispensed for such purpose in accordance with LCO \\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07070-R011 of 5 HB.docx Substitute Bill No.

70703577 1 of 4 Raised Bill No.7070 (4) "Emergency contraception" means one or more prescription drugs (A) used separately or in combination for the purpose of preventing pregnancy, (B) administered to or self-administered by a patient within a medically recommended amount of time after sexual intercourse, (C) dispensed for such purpose in accordance with professional standards of practice, and (D) determined by the United States Food and Drug Administration to be safe for such purpose;

(9) "Pregnancy services center" means a facility, including a mobile facility, the primary purpose of which is to provide services to clients who are or may be pregnant and that either (A) offers obstetric ultrasounds, obstetric sonograms, pregnancy testing or diagnosisdiagnosis, or prenatal care to pregnant clients, or (B) has the appearance of a medical facility by virtue of having two or more of the following factors present:

(iii)(iiia a private or semiprivatesemi-private room or area containing medical supplies or medical instruments;LCO No.

3577 2 of 4 Raised Bill No.7070 instruments;

(10) "Premises" means land and improvements or appurtenances or LCOany {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-070702part ofthereof; 5 R01-HB.docx } Substitute Bill No.

7070 any part thereof;

(NEW) (Effective July 1, 2019) No limited services pregnancy center shall make or disseminate,disseminate or cause to be made or disseminated,disseminated in any newspaper or other publication, through any advertising device, or in any other manner, including, but not limited to, through use of the Internet, any statement concerning any pregnancy-related service or the provision of any pregnancy-related service (1) that is explicitly or implicitly false, misleading or deceptive or that a limited services pregnancy center reasonably should know to be explicitly or implicitly false, misleading or deceptive, or (2) with the intent not to perform such pregnancy-related service as explicitly or implicitly advertised.

(NEW) (Effective July 1, 2019) (a) The Attorney General may apply to any court of competent jurisdiction for injunctive relief to compel compliance with the provisions of section 2 of this act and correct the effects of the false, misleadingmisleading, or deceptive advertising,advertising. provided the Attorney General gives written notice to the limited services pregnancy center in accordance with subsection (b) of this section.

(1) Pay for and disseminate appropriate corrective advertising in the same form and using the same advertising device as used in the false, misleading,LCO orNo. deceptive advertising;

(2)3577 Post3 a remedial notice that corrects the effects of the4 false,Raised LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-070703 of 5 R01-HB.docx } Substitute Bill No.

7070 misleadingmisleading, or deceptive advertisingadvertising; for clients entering the facility that may have seen the original false, misleading or deceptive advertisements, but have not seen any subsequent court-ordered corrective advertisements required under subdivision (1) of this subsection;

or(2) (3)Post Providea suchremedial othernotice reliefthat ascorrects the courteffects deemsof necessarythe tofalse, remedymisleading or deceptive advertising for clients entering the adversefacility effectsthat ofmay have seen the original false, misleading or deceptive advertisingadvertisements, onbut not any clientssubsequent seekingcourt-ordered pregnancy-relatedcorrective services.advertisements required under subdivision (1) of this subsection;

(b)or Prior(3) toProvide commencingsuch another actionrelief pursuantas to subsection (a) of this section, the Attorneycourt Generaldeems shallnecessary give written notice to theremedy limited services pregnancy center of the violationadverse ofeffects section 2 of this act and allow the limitedfalse, servicesmisleading, pregnancyor centerdeceptive toadvertising cureon suchany violationclients notseeking laterpregnancy-related thanservices. ten days after receipt of the written notice.

The(b) AttorneyUpon Generala mayfinding fileby anthe actioncourt pursuantthat toa subsectionlimited (a)services pregnancy center has violated any provision of section 2 of this sectionact, afterthe suchstate ten-dayshall periodbe ifentitled theto limitedrecover services(1) pregnancycivil centerpenalties doesof not respondless tothan thefifty writtendollars noticeand ornot refusesmore tothan curefive thehundred violationdollars ofper sectionviolation, 2and of(2) thisreasonable act.attorney's fees and costs.

(c) UponNothing ain findingthis bysection theshall courtbe thatconstrued as a limitedlimitation servicesupon pregnancythe centerpower hasor violatedauthority any provision of section 2 of this act, the state shallor beany entitledpolitical tosubdivision recoverthereof (1)to civilseek penaltiesany ofadministrative, notlegal lessor thanequitable fiftyrelief dollarspermitted andby notlaw. more than five hundred dollars per violation, and (2) reasonable attorney's fees and costs.

(d) Nothing in this section shall be construed as a limitation upon the power or authority of the state or any political subdivision thereof to seek any administrative, legal or equitable relief permitted by law.

Section 1 July 1, 2019 New section July 1, 2019 Sec.

2 July 1, 2019 New section Sec.

3 July 1, 2019 New section LCOStatement {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07070- 4 of 5Purpose: R01-HB.docx } Substitute Bill No.

7070To Statementprohibit ofdeceptive Legislativeadvertising Commissioners:practices by limited services pregnancy centers.

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