A1679 1R

An Act concerning certain deceptive practices in the advertising of pregnancy-related ¹services and health care¹ services and supplementing P.L.1960, c.39 ¹[(C.56:8-1)]¹.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. As used in ¹[this act] P.L. , c. (C. ) (pending before the Legislature as this bill)¹:

¹[ “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.).

¹[“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, including abortion services¹.

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.]

“Health care services” means all supplies, care, and services of a medical, dental, behavioral health, mental health, substance use disorder treatment, surgical, psychiatric, therapeutic, diagnostic, preventative, rehabilitative, or supportive nature, including medication.

“Person” shall have the same meaning as provided in R.S.1:1-2.¹

2. a. It shall be an unlawful practice for a ¹[crisis pregnancy center] person¹ 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 ¹services or health care¹ services or the provision of pregnancy-related ¹services or health care¹ services which is false or misleading; ¹[or]¹

(2) make false or misleading statements about, or misrepresent the ¹[center’s] person’s¹ intent to provide, pregnancy-related ¹services or health care¹ services.

¹(3) falsely represent that the person is a health care facility if the person is not, in fact, a health care facility.¹

b. A ¹[crisis pregnancy center] person¹ 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 ¹[crisis pregnancy center] person¹ 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 ¹[crisis pregnancy center] person¹ is about to engage in, is continuing to engage in, or has engaged in conduct which is in violation of section 2 of ¹[this act] P.L. , c. (C. ) (pending before the Legislature as this bill)¹, 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 ¹[crisis pregnancy center] person¹ from advertising or providing ¹[peer-related counseling] pregnancy-related services or health care¹ services; and seek and obtain a court order requiring the ¹[crisis pregnancy center] person¹ to take whatever remedial steps the court deems necessary to correct the adverse effects of the ¹[center’s] person’s¹ untrue, deceptive, false, or misleading advertising or statements on any client seeking pregnancy-related ¹services or health care¹ services.

4. This act shall take effect immediately.