SB 835 — AN ACT CONCERNING DECEPTIVE ADVERTISING PRACTICES OF LIMITED SERVICES PREGNANCY CENTERS.

Senate GeneralBill Assembly File No.

38835 JanuaryPublic Session,Act 2021 Senate Bill No.

83521-17 Senate,AN MarchACT 9,CONCERNING 2021DECEPTIVE TheADVERTISING CommitteePRACTICES onOF PublicLIMITED HealthSERVICES reportedPREGNANCY throughCENTERS. SEN.

DAUGHERTY ABRAMS of the 13th Dist., Chairperson of the Committee on the part of the Senate, that the bill ought to pass.

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

SB835(4) /"Emergency Filecontraception" means one ormore prescription drugs (A) used separately or in combination for the purpose of preventing pregnancy, (B) administered to or self-administered by a patient within Senate Bill No.

38835 1a SB835medically Filerecommended No.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;

38 (4) "Emergency contraception" means one ormore 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;

(6)"Licensed health care provider"meansapersonlicensedprovider"meansapersonlicensedunder under the provisions of federal or state law to provide health care or other medical services;

or (v) the facility is located on the same premises as a licensed SB835Public /Act File No.

3821-17 2 SB835of File4 Senate Bill No.

38835 health care facility or licensed health care provider or shares facility space with a licensed health care provider;

(2) Post a remedial notice that corrects the effects of the deceptive advertising;Public Act No.

or21-17 (3)3 Provideof such4 otherSenate narrowlyBill tailored relief as the court deems SB835 / File No.

38835 3advertising; SB835 File No.

38or (3) Provide such other narrowly tailored relief as the court deems necessary to remedy the adverse effects of the deceptive advertising on any clients seeking pregnancy-related services.

ThisApproved actMay shall26, take2021 effectPublic asAct followsNo. and shall amend the following sections:

Section21-17 14 Julyof 1,4 2021 New section Sec.

2 July 1, 2021 New section Sec.

3 July 1, 2021 New section PH Joint Favorable SB835 / File No.

38 4 SB835 File No.

38 The following Fiscal Impact Statement and Bill Analysis are prepared for the benefit of the members of the General Assembly, solely for purposes of information, summarization and explanation and do not represent the intent of the General Assembly or either chamber thereof for any purpose.

In general, fiscal impacts are based upon a variety of informational sources, including the analyst’s professional knowledge.

Whenever applicable, agency data is consulted as part of the analysis, however final products do not necessarily reflect an assessment from any specific department.

OFA Fiscal Note State Impact:

Agency Affected Fund-Effect FY 22 $ FY 23 $ Attorney General GF - Potential Up to Up to Revenue Gain 10,000 10,000 Note:

GF=General Fund Municipal Impact:

None Explanation The bill prohibits deceptive advertising by pregnancy centers under certain conditions.

It requires the attorney general to notify the center and allow them to comply within a specified time period.

However, if the center does not rectify the violation the state can collect civil penalties and reasonable attorney’s fees.

The bill could result in a revenue gain to the state, estimated to be up to $10,000 annually based on the number of violations that occur.

The Out Years The annualized ongoing fiscal impact identified above would continue into the future subject to the number of violations.

SB835 / File No.

38 5 SB835 File No.

38 OLR Bill Analysis SB 835 AN ACT CONCERNING DECEPTIVE ADVERTISING PRACTICES OF LIMITED SERVICES PREGNANCY CENTERS.

SUMMARY This bill prohibits deceptive advertising by limited services pregnancy centers, which it defines as pregnancy services centers (see below) that do not directly provide, or provide referrals for, abortions or emergency contraception.

Specifically, it prohibits them, with intent to perform a pregnancy-related service, from publicly making or disseminating a deceptive statement about the provision of these services or the services themselves that the center knows or reasonably should know is deceptive.

This prohibition includes public statements made in advertisements, print publications, online, or any other manner and it applies regardless of whether the (1) centers make these statements themselves or cause others to do so and (2) statement itself is deceptive or is deceptive by omission.

The bill requires the attorney general, before bringing a court action against a center for violating the bill’s provisions, to notify the center and allow up to 10 days for them to comply.

If the center does not respond or cure the violation, the attorney general may apply to court for related injunctive relief.