ASSEMBLY, No. 861
STATE OF NEW JERSEY
221st LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2024 SESSION
Sponsored by:
Assemblywoman VERLINA REYNOLDS-JACKSON
District 15 (Hunterdon and Mercer)
Assemblywoman ELLEN J. PARK
District 37 (Bergen)
Assemblywoman GARNET R. HALL
District 28 (Essex and Union)
Co-Sponsored by:
Assemblyman Miller and Assemblywoman Ramirez
SYNOPSIS
Provides certain deceptive practices in advertising of pregnancy-related services violate the consumer fraud act.
CURRENT VERSION OF TEXT
As reported by the Assembly Community Development and Women's Affairs Committee on March 20, 2025, with amendments.
An Act concerning certain deceptive practices in the advertising of pregnancy-related services and supplementing P.L.1960, c.39 (C.56:8-1).
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. As used in this act:
“Crisis pregnancy center” means a facility administered by a nonprofit organization that provides a client with peer-related counseling services related to pregnancy and childbirth, including, but not limited to, referrals to non-medical services, child–rearing resources, and adoption services, but does not provide referrals to abortion or other pregnancy-related services. A crisis pregnancy center shall include a facility that presents the appearance of a licensed health care facility by: requiring staff or volunteers to wear medical attire or uniforms and to collect from a client identifiable health information, as defined in 45 C.F.R. s.160.103; having one or more examination rooms or semi-private rooms or areas containing medical supplies or medical instruments; or sharing physical space with a physician’s office or a licensed health care facility. A crisis pregnancy center shall not include an ambulatory care facility, a licensed health care facility, or a birthing facility that provides family planning services and prenatal care.
1“Health care facility” means a health care facility licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.).
“Physician” means a person licensed to practice medicine or perform surgery in this State pursuant to chapter 9 of Title 45 of the Revised Statutes.1
“Pregnancy–related services” means any medical services or health care counseling services related to pregnancy or pregnancy prevention, including, but not limited to, ultrasound or sonogram evaluations, pregnancy testing, prenatal care, and education and counseling on contraception and unplanned pregnancy options.
1“False or misleading” shall mean:
(1) falsely representing or implying that the crisis pregnancy center provides abortion or other pregnancy-related services if the crisis pregnancy center does not provide such services;
(2) falsely representing that the crisis pregnancy center is a health care facility if the crisis pregnancy center is not, and if the crisis pregnancy center is not, failing to disclose that the crisis pregnancy center is not a health care facility; or
(3) failing to disclose at the time of service, or failing to disclose clearly and conspicuously in any advertisement, announcement, or statement, that the crisis pregnancy center does not provide referrals to abortion or other pregnancy-related services.1
2. a. It shall be an unlawful practice for a crisis pregnancy center to:
(1) make, publish, disseminate, circulate, or place before the public, or cause, directly or indirectly, to be made, published, disseminated, circulated, or placed before the public, in a newspaper, magazine, or other publication, or in the form of a notice, circular, pamphlet, letter, or poster, or over any radio station, or via the Internet, or in any other way, an advertisement, announcement, or statement containing any assertion, representation, or statement with respect to pregnancy-related services or the provision of pregnancy-related services which is 1[untrue, deceptive,] false1 or misleading ; or
(2) make false or misleading statements about, or misrepresent the center’s intent to provide, pregnancy-related services.
b. A crisis pregnancy center that violates the provisions of subsection a. of this section shall be subject to all remedies and penalties 1for consumer fraud1 available pursuant to P.L.1960, c.39 (C.56:8-1 et seq.).
1c. In addition to any penalties imposed pursuant to P.L.1960, c.39 (C.56:8-1 et seq.) or any other provision of law, a crisis pregnancy center that has been found to have violated this section shall:
(1) immediately cease and desist the false or misleading representation, advertisement, announcement, or statement; and
(2) issue an advertisement, announcement, or statement, correcting the false or misleading representation, advertisement, announcement, or statement that was the subject of the violation.
d. A complaint alleging a violation of this section shall be investigated within 30 days of receipt.1
3. In addition to powers exercised by the Attorney General pursuant to the provisions of section 8 of P.L.1960, c.39 (C.56:8-8) or any other law, when it shall appear to the Attorney General that a crisis pregnancy center is about to engage in, is continuing to engage in, or has engaged in conduct which is in violation of section 2 of this act, or when it is in the public interest, the Attorney General shall have the authority to1: issue a cease and desist order;1 seek and obtain in summary action in the Superior Court an injunction prohibiting the crisis pregnancy center from advertising or providing peer-related counseling services1[,];1 and 1[may]1 seek and obtain a court order requiring the crisis pregnancy center to take whatever remedial steps the court deems necessary to correct the adverse effects of the center’s untrue, deceptive, false, or misleading advertising or statements on any client seeking pregnancy-related services.
4. This act shall take effect immediately.