A3753

An Act concerning 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 health information, as defined in 45 C.F.R. s.160.103, from a client; 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.

2. a. Each crisis pregnancy center operating in this State shall conspicuously post, in English and Spanish, in the waiting area, in each examination room, and in each room used to discuss or provide information to clients about pregnancy-related services, signage which discloses:

(1) that the crisis pregnancy center is not a licensed health care facility; and

(2) whether the crisis pregnancy center employs a physician to supervise the pregnancy-related services in-person at the crisis pregnancy center.

b. Each crisis pregnancy center operating in this State that makes, publishes, disseminates, circulates, or places before the public, or causes, 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, shall conspicuously state, in English and Spanish, via such medium that discloses:

(1) that the crisis pregnancy center is not a licensed health care facility; and

(2) whether the crisis pregnancy center employs a physician to supervise the pregnancy-related services in-person at the crisis pregnancy center.

c. The Director of the Division of Consumer Affairs, in the Department of Law and Public Safety, shall develop guidelines and signage in accordance with the provisions of subsections a. and b. of this section.

d. A crisis pregnancy center that violates the provisions of this act shall be subject to all remedies and penalties available pursuant to P.L.1960, c.39 (C.56:8-1 et seq.).

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 the Attorney General finds 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 the provisions of this act, or when it is in the public interest, the Attorney General shall have the authority to seek and obtain summary action in the Superior Court to take whatever remedial steps necessary to correct the deceptive, false, or misleading advertising or statements on any client seeking pregnancy-related services, including, but not limited to, an injunction prohibiting the crisis pregnancy center from advertising, providing pregnancy-related services, or operating.

4. This act shall take effect immediately.

STATEMENT

This bill requires each crisis pregnancy center (center) operating in the State to disclose, that the center is not a licensed health care facility and whether the center employs a physician to supervise the pregnancy-related services in-person at the center.

Under the bill, each center is required to conspicuously post signage with the disclosures, in English and Spanish, in the waiting area, in each examination room, and in each room used to discuss or provide information to clients about pregnancy-related services, signage which discloses certain information about the center. Additionally, a center that makes, publishes, disseminates, circulates, or places before the public, or causes, 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, is required to conspicuously state the disclosures, in English and Spanish, via such medium.

A center that violates the provisions of the bill is subject to all remedies and penalties available pursuant to the Consumer Fraud Act (N.J.S.A.56:8-1 et seq.).

In addition, the bill provides that if a 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 obtain summary action in the Superior Court to take whatever remedial steps necessary to correct the deceptive, false, or misleading advertising or statements on any client seeking pregnancy-related services, including, but not limited to, an injunction prohibiting the crisis pregnancy center from advertising, providing pregnancy-related services, or operating.