A1679

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.

“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.

“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.

“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.

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 false 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 for consumer fraud available pursuant to P.L.1960, c.39 (C.56:8-1 et seq.).

c. 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.

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 to: issue a cease and desist order; seek and obtain in summary action in the Superior Court an injunction prohibiting the crisis pregnancy center from advertising or providing peer-related counseling services; and 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.

STATEMENT

This bill provides that it is an unlawful practice under the consumer fraud act, P.L.1960, c.39 (C.56:8-1 et seq.), 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 false or misleading; or

(2) make false or misleading statements about, or misrepresent the center’s intent to provide, pregnancy-related services.

In addition to any penalties imposed pursuant to the New Jersey consumer fraud act or any other provision of law, a crisis pregnancy center that violates the bill’s provisions is required to:

(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.

As defined in the bill, “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 includes 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; having one or more examination rooms or semi-private rooms or areas containing medical supplies or medical instruments; or sharing space with a physician’s office or a licensed health care facility. A crisis pregnancy center does not include an ambulatory care facility, a licensed health care facility, or a birthing facility that provides family planning services and prenatal care.

The bill defines “pregnancy-related services” as 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. The term “false or misleading” is defined to 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;

The bill requires a complaint alleging a violation to be investigated within 30 days of receipt. A crisis pregnancy center that violates the provision of the bill is subject to all remedies and penalties available pursuant to the State’s consumer fraud act. In addition to these penalties, and any other penalties under current law, a crisis pregnancy center that is in violation of the bill is required to: (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.

In addition, the bill provides that if a crisis pregnancy center is about to engage in, is continuing to engage in, or has engaged in conduct which is in violation of the bill, or if it is in the public interest, the Attorney General has the authority to: issue a cease and desist order; seek and obtain an injunction prohibiting the crisis pregnancy center from advertising or providing peer-related counseling services; and seek and obtain a court order requiring the 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.