HB0291

HOUSE BILL 291

50th legislature - STATE OF NEW MEXICO - first session, 2011

INTRODUCED BY

Joni Marie Gutierrez

AN ACT

RELATING TO HEALTH CARE; REQUIRING NOTICE OF PROVISION OF LIMITED SCOPE OF SERVICES, INCLUDING LACK OF COMPREHENSIVE BIRTH CONTROL SERVICES, REFERRALS OR DIRECT SERVICES BY MEDICAL PROFESSIONALS; ENACTING THE LIMITED SCOPE PREGNANCY SERVICES CENTER ACT.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

SECTION 1. [NEW MATERIAL] SHORT TITLE.--Sections 1 through 6 of this act may be cited as the "Limited Scope Pregnancy Services Center Act".

SECTION 2. [NEW MATERIAL] DEFINITIONS.--As used in the Limited Scope Pregnancy Services Center Act:

A. "comprehensive birth control services" means the provision of objective counseling on methods and efficacy of contraception, the prescription of contraceptive drugs or devices, the provision of contraceptive drugs or devices and medical diagnosis and care related to the prescription or provision of contraception drugs or devices;

B. "limited scope pregnancy services center" means a facility operated by an organization that advertises, offers or provides pregnancy tests or ultrasounds and information about adoption or abortion, whether for a fee or as a free service, that may or may not have medical professionals attending patients and that does not provide prenatal medical care, comprehensive birth control services, abortions or referrals for abortions; "limited scope pregnancy services center" does not include a health facility licensed pursuant to Section 24-1-5 NMSA 1978 or a facility that provides family planning services and receives federal Title 10 funds;

C. "medically and factually accurate" means verified or supported by the weight of research conducted in compliance with accepted scientific methods and standards, published in peer-reviewed journals and recognized as accurate and objective by leading professional organizations and agencies with relevant expertise in the field of obstetrics and gynecology, such as the American college of obstetricians and gynecologists;

D. "reproductive health information" means information about:

(1) the medical risks of pregnancy, abortion, miscarriage and sexually transmitted infections; and

(2) methods of prevention of pregnancy and

sexually transmitted infections; and

E. "service recipient" means a person who seeks or receives services at a limited scope pregnancy services center.

SECTION 3. [NEW MATERIAL] NOTICES REQUIRED.--

A. A limited scope pregnancy services center shall

provide the following notices to a person seeking services:

(1) the center does not provide abortions or comprehensive birth control services;

(2) the center does not provide referrals to individuals or organizations that provide abortions or comprehensive birth control services;

(3) the center does not provide medical care for pregnant women; and

(4) the center is not required to comply with patient privacy laws.

B. A limited scope pregnancy services center shall post the hours that the center has licensed health care providers on duty, not including ultrasound technicians.

C. The notices required by this section shall be provided as follows:

(1) verbally, in such a manner as to be reasonably understandable to a service recipient, upon first communication or first contact with the service recipient, whether by telephone, electronic communication or in person; and

(2) in writing, as follows:

(a) in English and in Spanish, in thirty-point font size or larger on eight-and-one-half inch by eleven-inch paper or larger, posted: 1) on the main entry door of the limited scope pregnancy services center; and 2) inside the building housing the limited scope pregnancy services center in such a manner as to be clearly visible from the area at which the limited scope pregnancy services center conducts intakes;

(b) in English and in Spanish, clearly visible on the home page of the web site of the limited scope pregnancy services center and in the primary font size used on the web site; and

C. A limited scope pregnancy services center shall, before providing a pregnancy test that uses an over-the-counter product to perform the pregnancy test, inform the service recipient seeking to be tested that the pregnancy test is an over-the-counter product and shall give the test kit to the service recipient seeking to be tested to self-administer.

SECTION 4. [NEW MATERIAL] INFORMATION PROVIDED--LICENSED HEALTH CARE PROVIDERS.--

A. All reproductive health information provided by a limited scope pregnancy services center, whether provided verbally or in writing, shall be objective and medically and factually accurate.

B. A limited scope pregnancy services center remains subject to the provisions of the Limited Scope Pregnancy Services Center Act, notwithstanding the presence of a licensed health care provider in the governance of, on the staff of or acting as a volunteer with the limited scope pregnancy services center.

SECTION 5. [NEW MATERIAL] REQUIRED DISCLOSURE.--

A. A limited scope pregnancy services center that provides or assists in the provision of pregnancy testing, whether for a fee or without charge and whether those tests are over-the-counter tests or laboratory tests, shall provide the service recipient tested with a free written statement of the results of the pregnancy test immediately after the test is completed. If the results of the test are positive, the limited scope pregnancy services center shall provide information and documents so that the service recipient may apply for medicaid.

B. Upon receipt of a written request from a service recipient to examine or copy all or part of the service recipient's recorded health care information, a limited scope pregnancy services center, as promptly as required under the circumstances but no later than fifteen working days after receiving the request, shall:

(1) make the service recipient's recorded health care information available for examination by the service recipient during regular business hours and provide a free copy to the service recipient, if requested;

(2) inform the service recipient if the information does not exist or cannot be found; and

(3) if the limited scope pregnancy services center does not maintain a record of the information, inform the service recipient and provide the name and address, if known, of the entity that maintains the record and how the service recipient may gain access to the record.

SECTION 6. [NEW MATERIAL] VIOLATIONS.--

A. The following violations of the Limited Scope Pregnancy Services Center Act are violations of the Unfair Practices Act:

(1) failure to disclose information required to be disclosed by the Limited Scope Pregnancy Services Center Act;

(2) failure to post the notices required to be posted by the Limited Scope Pregnancy Services Center Act;

(3) failure to inform a service recipient in a timely manner that she is pregnant; and

(4) failure to provide a service recipient with the documentation necessary to enable her as a pregnant woman to obtain medicaid benefits.

B. Remedies and causes of action provided by the Unfair Practices Act are cumulative and not exclusive.

SECTION 7. A new section of the Unfair Practices Act is enacted to read:

"[NEW MATERIAL] VIOLATIONS OF THE LIMITED SCOPE PREGNANCY SERVICES CENTER ACT.--

A. The following violations of the Limited Scope Pregnancy Services Center Act are violations of the Unfair Practices Act:

(1) failure to disclose information required to be disclosed by the Limited Scope Pregnancy Services Center Act;

(2) failure to post the notices required to be posted by the Limited Scope Pregnancy Services Center Act;

(3) failure to inform a service recipient pursuant to the Limited Scope Pregnancy Services Center Act in a timely manner that she is pregnant; and

(4) failure to provide a service recipient pursuant to the Limited Scope Pregnancy Services Center Act with the documentation necessary to enable her as a pregnant woman to obtain medicaid benefits.

B. Remedies and causes of action provided by the Unfair Practices Act are cumulative and not exclusive. Each day in which a violation of the Limited Scope Pregnancy Services Center Act occurs is a separate violation.

C. The attorney general shall investigate allegations of violations of the Limited Scope Pregnancy Services Center Act.

D. A violation of the Limited Scope Pregnancy Services Center Act is a misdemeanor, and upon conviction, the organization operating the limited scope pregnancy services center and any individuals found guilty of violating the Limited Scope Pregnancy Services Center Act shall be sentenced pursuant to Section 31-19-1 NMSA 1978."

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