BILL NUMBER: AB 775	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 4, 2015
	AMENDED IN ASSEMBLY  APRIL 16, 2015
	AMENDED IN ASSEMBLY  APRIL 8, 2015
	AMENDED IN ASSEMBLY  MARCH 26, 2015

INTRODUCED BY   Assembly Members Chiu and Burke
   (Coauthors: Assembly Members Atkins, Rendon, and Wood)

                        FEBRUARY 25, 2015

   An act to add Article 2.7 (commencing with Section 123470) to
Chapter 2 of Part 2 of Division 106 of the Health and Safety Code,
relating to public health.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 775, as amended, Chiu. Reproductive FACT Act.
   Existing law, the Reproductive Privacy Act, provides that every
individual possesses a fundamental right of privacy with respect to
reproductive decisions. Existing law provides that the state shall
not deny or interfere with a woman's right to choose or obtain an
abortion prior to viability of the fetus, as defined, or when
necessary to protect her life or health. Existing law specifies the
circumstances under which the performance of an abortion is deemed
unauthorized.
   This bill would enact the Reproductive FACT (Freedom,
Accountability, Comprehensive Care, and Transparency) Act, which
would require a licensed covered facility, as defined, to disseminate
a notice to all clients, as specified, stating, among other things,
that California has public programs that provide immediate free or
low-cost access to comprehensive family planning services, prenatal
care, and abortion, for eligible women. The bill would also require
an unlicensed covered facility, as defined, to disseminate a notice
to all clients, as specified, stating, among other things, that the
facility is not licensed as a medical facility by the State of
California.
   The bill would authorize the Attorney General, city attorney, or
county counsel to bring an action to impose a specified civil penalty
against covered facilities that fail to comply with these
requirements.  The bill would also require the Attorney
General to post on the Department of Justice's Internet Web site a
list of the covered facilities upon which a civil penalty has been
imposed. 
   Vote: majority. Appropriation: no. Fiscal committee:  yes
  no  . State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  The Legislature finds and declares that:
   (a) All California women, regardless of income, should have access
to reproductive health services. The state provides insurance
coverage of reproductive health care and counseling to eligible,
low-income women. Some of these programs have been recently
established or expanded as a result of the federal Patient Protection
and Affordable Care Act.
   (b) Millions of California women are in need of publicly funded
family planning services, contraception services and education,
abortion services, and prenatal care and delivery. In 2012, more than
2.6 million California women were in need of publicly funded family
planning services. More than 700,000 California women become pregnant
every year and one-half of these pregnancies are unintended. In
2010, 64.3 percent of unplanned births in California were publicly
funded. Yet, at the moment they learn that they are pregnant,
thousands of women remain unaware of the public programs available to
provide them with contraception, health education and counseling,
family planning, prenatal care, abortion, or delivery.
   (c) Because pregnancy decisions are time sensitive, and care early
in pregnancy is important, California must supplement its own
efforts to advise women of its reproductive health programs. In
California, low-income women can receive immediate access to free or
low-cost comprehensive family planning services and pregnancy-related
care through the Medi-Cal and the Family PACT programs. However,
only Medi-Cal providers who are enrolled in the Family PACT program
are authorized to enroll patients immediately at their health
centers.
   (d) The most effective way to ensure that women quickly obtain the
information and services they need to make and implement timely
reproductive decisions is to require licensed health care facilities
that are unable to immediately enroll patients into the Family PACT
or Presumptive Eligibility for Pregnant Women Medi-Cal programs to
advise each patient at the time of her visit of the various publicly
funded family planning and pregnancy-related resources available in
California, and the manner in which to directly and efficiently
access those resources.
   (e) It is also vital that pregnant women in California know when
they are getting medical care from licensed professionals. Unlicensed
facilities that advertise and provide pregnancy testing and care
must advise clients, at the time they are seeking or obtaining care,
that these facilities are not licensed to provide medical care.
  SEC. 2.  The purpose of this act is to ensure that California
residents make their personal reproductive health care decisions
knowing their rights and the health care services available to them.
  SEC. 3.  Article 2.7 (commencing with Section 123470) is added to
Chapter 2 of Part 2 of Division 106 of the Health and Safety Code, to
read:

      Article 2.7.  Reproductive FACT Act


   123470.  This article shall be known and may be cited as the
Reproductive FACT (Freedom, Accountability, Comprehensive Care, and
Transparency) Act or Reproductive FACT Act.
   123471.  (a) For purposes of this article, and except as provided
in subdivision (c), "licensed covered facility" means a facility
licensed under Section 1204 or an intermittent clinic operating under
a primary care clinic pursuant to subdivision (h) of Section 1206,
whose primary purpose is providing family planning or
pregnancy-related services, and that satisfies two or more of the
following:
   (1) The facility offers obstetric ultrasounds, obstetric
sonograms, or prenatal care to pregnant women.
   (2) The facility provides, or offers counseling about,
contraception or contraceptive methods.
   (3) The facility offers pregnancy testing or pregnancy diagnosis.
   (4) The facility advertises or solicits patrons with offers to
provide prenatal sonography, pregnancy tests, or pregnancy options
counseling. 
   (5) The facility offers abortion services.  
   (5) 
    (6)  The facility has staff or volunteers who collect
health information from clients.
   (b) For purposes of this article, subject to subdivision (c),
"unlicensed covered facility" is a facility that is not licensed by
the State of California and does not have a licensed medical provider
on staff or under contract who provides or directly supervises the
provision of all of the services, whose primary purpose is providing
pregnancy-related services, and that satisfies two or more of the
following:
   (1) The facility offers obstetric ultrasounds, obstetric
sonograms, or prenatal care to pregnant women.
   (2) The facility offers pregnancy testing or pregnancy diagnosis.
   (3) The facility advertises or solicits patrons with offers to
provide prenatal sonography, pregnancy tests, or pregnancy options
counseling.
   (4) The facility has staff or volunteers who collect health
information from clients.
   (c) This article shall not apply to either of the following:
   (1) A clinic directly conducted, maintained, or operated by the
United States or any of its departments, officers, or agencies.
   (2) A licensed primary care clinic that is enrolled as a Medi-Cal
provider and a provider in the Family Planning, Access, Care, and
Treatment Program.
   123472.  (a) A licensed covered facility shall disseminate to
clients on site the following notice in English and in the primary
threshold languages for Medi-Cal beneficiaries as determined by the
State Department of Health Care Services for the county in which the
facility is located.
   (1) The notice shall state:

   "California has public programs that provide immediate free or
low-cost access to comprehensive family planning services (including
all FDA-approved methods of contraception), prenatal care, and
abortion for eligible women. To determine whether you qualify,
contact the county social services office at  insert the telephone
number]."

   (2) The information shall be disclosed in one of the following
ways:
   (A) A public notice posted in a conspicuous place where
individuals wait that may be easily read by those seeking services
from the facility. The notice shall be at least 8.5 inches by 11
inches and written in no less than 22-point type.
   (B) A printed notice distributed to all clients in no less than
14-point type.
   (C) A digital notice distributed to all clients that can be read
at the time of check-in or arrival, in the same point type as other
digital disclosures. A printed notice as described in subparagraph
(B) shall be available for all clients who cannot or do not wish to
receive the information in a digital format.
   (3) The notice may be combined with other mandated disclosures.
   (b) An unlicensed covered facility shall disseminate to clients on
site and in any print and digital advertising materials including
Internet Web sites, the following notice in English and in the
primary threshold languages for Medi-Cal beneficiaries as determined
by the State Department of Health Care Services for the county in
which the facility is located.
   (1) The notice shall state: "This facility is not licensed as a
medical facility by the State of California and has no licensed
medical provider who provides or directly supervises the provision of
services."
   (2) The onsite notice shall be a sign at least 8.5 inches by 11
inches and written in no less than 48-point type, and shall be posted
conspicuously in the entrance of the facility and at least one
additional area where clients wait to receive services.
   (3) The notice in the advertising material shall be  the
same point type as other information in the advertisement. 
 clear and conspicuous. "Clear and conspicuous" means in larger
point type than the surrounding text, or in contrasting type, font,
or color to the surrounding text of the same size, or set off from
the surrounding text of the same size by symbols   or other
ma   rks that call attention to the language.
   123473.  (a) Covered facilities that fail to comply with the
requirements of this article are liable for a civil penalty of five
hundred dollars ($500) for a first offense and one thousand dollars
($1,000) for each subsequent offense. The Attorney General, city
attorney, or county counsel may bring an action to impose a civil
penalty pursuant to this section after doing both of the following:
   (1) Providing the covered facility with reasonable notice of
noncompliance, which informs the facility that it is subject to a
civil penalty if it does not correct the violation within 30 days
from the date the notice is sent to the facility.
   (2) Verifying that the violation was not corrected within the
30-day period described in paragraph (1).
   (b) The civil penalty shall be deposited into the General Fund if
the action is brought by the Attorney General. If the action is
brought by a city attorney, the civil penalty shall be paid to the
treasurer of the city in which the judgment is entered. If the action
is brought by a county counsel, the civil penalty shall be paid to
the treasurer of the county in which the judgment is entered.

   123474.  The Attorney General shall post and maintain on the
Department of Justice's Internet Web site a list of the covered
facilities upon which a penalty has been imposed for noncompliance
with the requirements of this article. 
  SEC. 4.  The provisions of this act are severable. If any provision
of this act or its application is held invalid, that invalidity
shall not affect other provisions or applications that can be given
effect without the invalid provision or application.