BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 2775


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          Date of Hearing:  April 19, 2016


                            ASSEMBLY COMMITTEE ON HEALTH


                                   Jim Wood, Chair


          AB 2775  
          (Gallagher) - As Amended March 17, 2016


          SUBJECT:  Abortion services facilities:  pregnancy center  
          notice.


          SUMMARY:  Requires facilities that offer abortion services to  
          disseminate a notice to clients providing a telephone number for  
          a specific organization, and stating that non-profit pregnancy  
          centers can provide a variety of specified services.   
          Specifically, this bill:  


          1)Requires a facility that offers abortion services to  
            disseminate to clients onsite the following notice:


            "If you are considering continuing your pregnancy, nonprofit  
            pregnancy centers can provide services at no cost to you, that  
            may include consultation, pregnancy testing, ultrasound  
            services, support groups, parenting programs, material  
            assistance, and sexually transmitted disease or sexually  
            transmitted infection (STD/STI) testing.  To find a center  
            near you, call 1-800-712-HELP."


          2)Requires the facility to disseminate the notice in the primary  
            threshold languages for Medi-Cal beneficiaries as determined  








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            by the Department of Health Care Services (DHCS) in which the  
            facility is located.


          3)Requires the onsite notice to be a sign at least 8.5 inches by  
            11 inches, written in no less than 36-point type, and to be  
            posted conspicuously in the entrance of the facility and at  
            least one additional area where clients wait to receive  
            services.


          EXISTING LAW:  


          1)Licenses and regulates clinics, including primary care clinics  
            and specialty clinics such as surgical clinics, by the  
            Department of Public Health (DPH).


          2)Authorizes DPH to take various types of enforcement actions  
            against a primary care clinic that has violated state law or  
            regulation, including imposing fines, sanctions, civil or  
            criminal penalties, and suspension or revocation of the  
            clinic's license.





          3)Establishes the California Reproductive Privacy Act, which  
            provides that the state shall not deny or interfere with a  
            women's right to choose or obtain an abortion prior to  
            viability of the fetus, or when the abortion is necessary to  
            protect the life or health of the woman, and makes legislative  
            findings and declarations that every individual possesses a  
            fundamental right of privacy with respect to personal  
            reproductive decisions, and that every woman has the  
            fundamental right to choose to bear a child or to choose and  
            to obtain an abortion, as specified.








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          4)Enacts the Reproductive Freedom, Accountability, Comprehensive  
            Care, and Transparency Act (Reproductive FACT Act).

          5)Defines a "licensed covered facility," for the purposes of the  
            Reproductive FACT Act, as a licensed clinic or an intermittent  
            clinic operating under a primary care clinic whose primary  
            purpose is providing family planning or pregnancy-related  
            services, and that satisfies two or more of the following:

             a)   The facility offers obstetric ultrasounds, obstetric  
               sonograms, or prenatal care to pregnant women;
             b)   The facility provides, or offers counseling about,  
               contraception or contraceptive methods;
             c)   The facility offers pregnancy testing or pregnancy  
               diagnosis;
             d)   The facility advertises or solicits patrons with offers  
               to provide prenatal sonography, pregnancy tests, or  
               pregnancy options counseling.
             e)   The facility offers abortion services; or, 
             f)   The facility has staff or volunteers who collect health  
               information from clients.

          6)Requires a licensed covered facility to disseminate to clients  
            on site the following notice in English and in the primary  
            threshold languages for Medi-Cal beneficiaries as determined  
            by DHCS for the county in which the facility is located:

          7)"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]."

          8)Permits the notice to be combined with other mandated  
            disclosures, but requires it be disclosed through one of the  
            following methods:








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             a)   A public notice posted in a conspicuous place where  
               individuals wait that may be easily read by those seeking  
               services from the facility. Requires the notice to 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; or,
             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. Requires a printed  
               notice be available for all clients who cannot or do not  
               wish to receive the information in a digital format.

          9)Defines an "unlicensed covered facility," for the purposes of  
            the Reproductive FACT Act, as a facility that is not licensed  
            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:

             a)   The facility offers obstetric ultrasounds, obstetric  
               sonograms, or prenatal care to pregnant women;
             b)   The facility offers pregnancy testing or pregnancy  
               diagnosis;
             c)   The facility advertises or solicits patrons with offers  
               to provide prenatal sonography, pregnancy tests, or  
               pregnancy options counseling; or,
             d)   The facility has staff or volunteers who collect health  
               information from clients.

          10)Requires an unlicensed covered facility to disseminate to  
            clients on site and in any print and digital advertising  
            materials including Internet Websites, the following notice in  
            English and in the primary threshold languages for Medi-Cal  
            beneficiaries as determined DHCS for the county in which the  
            facility is located: 









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            "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."

          11)Requires the onsite notice for unlicensed covered facilities  
            to be a sign at least 8.5 inches by 11 inches and written in  
            no less than 48-point type, and to be posted conspicuously in  
            the entrance of the facility and at least one additional area  
            where clients wait to receive services.  

          12)Requires the notice in the advertising material for  
            unlicensed covered facilities to be clear and conspicuous.  
            Defines "clear and conspicuous" to mean 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  
            marks that call attention to the language.

          13)Specifies this bill does not apply to a clinic directly  
            conducted, maintained, or operated by the United States or any  
            of its departments, officers, or agencies; or, 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 (FamilyPACT).

          14)Makes covered facilities that fail to comply with the  
            Reproductive FACT Act liable for a civil penalty of $500 for a  
            first offense and $1,000 for each subsequent offense. Permits  
            the Attorney General (AG), city attorney, or county counsel to  
            bring an action to impose a civil penalty after:

             a)   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; and,
             b)   Verifying that the violation was not corrected within  
               the 30-day period.









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          15)Requires any penalty resulting from an action brought by the  
            AG to be deposited into the General Fund.  Requires the  
            penalty, if the action is brought by a city attorney, to be  
            paid to the treasurer of the city in which the judgment is  
            entered.  Requires the penalty, if the action is brought by a  
            county counsel, to be paid to the treasurer of the county in  
            which the judgment is entered.

          FISCAL EFFECT:  This bill has not been analyzed by a fiscal  
          committee.


          COMMENTS:  


          1)PURPOSE OF THIS BILL.  According to the author, pregnancy  
            resource centers are a tremendous resource to pregnant women  
            who need help and support.  The author states that women who  
            are deciding to keep their child deserve the opportunity to  
            know about this resource, and this bill does not change how  
            the current law is structured, but simply offers information  
            on resources available in the community if a woman chooses to  
            keep her baby.  The author concludes, providing women with  
            information about all their options and resources should be at  
            the forefront of the California Health and Safety Code, and  
            this bill seeks to make this a reality.


          2)BACKGROUND.  


             a)   Unintended pregnancies.  Almost half of all pregnancies  
               in California are unintended.  According to a 2014  
               Guttmacher Institute document titled "State Facts About  
               Unintended Pregnancy: California," an extensive body of  
               research links births resulting from unintended or closely  
               spaced pregnancies to adverse maternal and child health  
               outcomes and myriad social and economic challenges.   
               Economically disadvantaged women are disproportionately  








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               affected by unintended pregnancy and its consequences.  In  
               2008, the  unintended pregnancy rate among women with  
               incomes lower than the federal poverty level (FPL), at 137  
               per 1,000, was more than five times as high as the rate  
               among women with incomes greater than 200% FPL (26 per  
               1,000).

             b)   Abortion data.  According to a 2014 Guttmacher Institute  
               document titled "State Facts About Unintended Pregnancy:  
               California," contraceptive use is a key predictor of  
               women's recourse to abortion.  The very small group of  
               American women who are at risk of experiencing an  
               unintended pregnancy but are not using contraceptives  
               account for more than half of all abortions.  Many of these  
               women did not think they would get pregnant or had concerns  
               about contraceptive methods.  The remainder of abortions  
               occur among the much larger group of women who were using  
               contraceptives in the month they became pregnant.  Many of  
               these women report difficulty using contraceptives  
               consistently.  According to the Guttmacher Institute, at  
               current rates, about three in 10 American women will have  
               had an abortion by the time she reaches age 45.   
               Approximately, 58% of women having abortions are in their  
               20s; 61% have one or more children; 85% are unmarried; 69%  
               are economically disadvantaged; and 73% report a religious  
               affiliation.  No racial or ethnic group makes up a  
               majority:  36% of women obtaining abortions are white  
               non-Hispanic; 30% are black non-Hispanic; 25% are Hispanic;  
               and, 9% are of other racial backgrounds.





          According to the Centers for Disease Control and Prevention  
          (CDC), in 2012, 699,202 legal induced abortions were reported to  
          CDC from 49 reporting areas.  The abortion rate for 2012 was  
          13.2 abortions per 1,000 women aged 15 to 44 years, and the  
          abortion ratio was 210 abortions per 1,000 live births.   








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          Compared with 2011, the total number and ratio of reported  
          abortions for 2012 decreased 4%, and the abortion rate decreased  
          5%. Additionally, from 2003 to 2012, the number, rate, and ratio  
          of reported abortions decreased 17%, 18%, and 14%, respectively.  
           Given the large decreases in the total number, rate, and ratio  
          of reported abortions from 2011 to 2012, in combination with  
          decreases that occurred during 2008 to 2011, all three measures  
          reached historic lows.
             c)   Crisis Pregnancy Centers (CPCs).  CPCs are facilities,  
               both licensed and unlicensed, which present themselves as  
               comprehensive reproductive health centers, but are commonly  
               affiliated with, or run by organizations whose stated goal  
               is to prevent women from accessing abortions.  A 2015 NARAL  
               Pro-Choice America report on CPCs notes that the National  
               Institute of Family and Life Advocates (an organization  
               with over 1,300 CPC affiliates) states on its website that  
               it is on the front line of the cultural battle over  
               abortion, and its vision is to provide [CPCs] with legal  
               resources and counsel, with the aim of developing a network  
               of life-affirming ministries in every community across the  
               nation in order to achieve an abortion-free America.  The  
               NARAL report also sent several researchers into CPCs to  
               receive the counseling offered, and they widely reported  
               that they were provided with inaccurate information,  
               including only being given information regarding the risks  
               of abortion, being told that many women commit suicide  
               after having an abortion, and that abortions can cause  
               breast cancer.



          3)SUPPORT.  Concerned Women for America (CWA) supports this bill  
            and states that it attempts to balance the outrageous attack  
            on pregnancy resource centers that occurred with the passage  
            of AB 775 (Chiu and Burke), Chapter 700, Statutes of 2015.   
            CWA also states that the people who work in pregnancy resource  
            centers have a deep love and genuine concern for women and  
            their babies, and the joy and hope that women experience  
            through the care they receive at these centers make a  








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            challenging season of life so much more bearable and even a  
            blessing.  The California Right to Life Committee, Inc.  
            supports this effort to provide pregnant girls and women with  
            alternate resources when they are at abortion facilities,  
            stating that this is a minimal measure to bring some equality  
            to the recognition that women have choices when they are  
            pregnant.


          4)OPPOSITION.  The American Academy of Pediatrics, California  
            (AAP-CA) opposes this bill and states every year, nearly 42  
            million women around the world choose abortions, and nearly  
            half of these procedures are unsafe.  AAP-CA notes that women  
            choose unsafe abortions for a number of reasons, including  
            economic burdens and familial and societal pressures, and  
            pregnant teens are even more vulnerable to these pressures.   
            AAP-CA concludes that by requiring abortion clinics to post a  
            notification encouraging women who want to continue their  
            pregnancies to visit a CPC, this bill would represent an  
            additional barrier to access to safe and legal abortions, and  
            increase the risk that pregnant teens will resort to unsafe  
            and illegal abortions.



          The California Family Health Council (CFHC), also in opposition,  
            states because decisions around family planning and pregnancy  
            are time sensitive, and care early in pregnancy is important,  
            women need to receive accurate information about affordable  
            health care options at the sites where they obtain care.  CFHC  
            contends that CPCs use misleading advertising to target women  
            who may be pregnant to give them medically inaccurate  
            information about abortion and contraception, and delay them  
            from receiving the real medical care they need from health  
            care professionals.   

          Numerous other organization oppose this bill, including the  
            American Congress of Obstetricians and Gynecologists, District  
            IX, California, ACT for Women and Girls, California Women's  








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            Law Center, NARAL Pro-Choice California, and the National  
            Council of Jewish Women, noting that the phone number abortion  
            clinics would be required to post is Option Line, run by an  
            umbrella organization for CPCs, the sole purpose of which is  
            to prevent women from accessing abortions. 
          5)RELATED LEGISLATION.  


             a)   AB 2134 (Waldron) requires licensed clinics that perform  
               abortions to post a notice advising clients that it may be  
               possible to reverse the effects of the abortion pill.  AB  
               2134 is currently pending in the Assembly Health Committee.


             b)    AB 2081 (Grove) provides that a health care service  
               plan is not required to include abortion as a covered  
               benefit, and would prohibit the Director of the Department  
               of Managed Health Care from denying, suspending, or  
               revoking a plan's license, or otherwise sanction or  
               discriminate against a health plan, if the health plan  
               excludes coverage for abortions.  AB 2081 failed passage in  
               the Assembly Health Committee.


          6)PREVIOUS LEGISLATION.  


             a)   AB 775 enacts the Reproductive FACT Act and requires  
               clinics and other facilities that provide family planning  
               or pregnancy-related services to provide specified notices  
               to clients.


             b)   AB 1254 (Grove) of 2015 was substantially similar to AB  
               2081.   AB 1254 failed passage in the Assembly Health  
               Committee.











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             c)   AB 2336 (Grove) of 2014 would have prohibited a person  
               from performing, or attempting to perform an abortion if  
               they know the pregnant woman is seeking the abortion on  
               account of the gender of the unborn child.  AB 2336 failed  
               passage in the Assembly Health Committee.





             d)   ACA 5 (Grove) of 2014 would have prohibited, except in  
               the case of an emergency, a physician from performing an  
               abortion on an unemancipated minor unless the physician has  
               notified one of her parents, or a judge has granted the  
               unemancipated minor a waiver of the notification  
               requirement.  ACA 5 failed passage in the Assembly Health  
               Committee. 

          REGISTERED SUPPORT / OPPOSITION:


          Support
          California Catholic Conference, Inc.
          Californians for Life
          California Right to Life Committee, Inc.
          Concerned Women for America
          Six individuals
          Opposition
          ACT for Women and Girls
          American Academy of Pediatrics
          American Civil Liberties Union
          American Congress of Obstetricians and Gynecologists, District  
          IX, California
          California Family Health Council
          California Women's Law Center
          Community Action Fund of Planned Parenthood of Orange and San  
          Bernardino Counties
          Law Students for Reproductive Justice
          NARAL Pro-Choice California








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          National Council of Jewish Women
          Physicians for Reproductive Health
          Planned Parenthood Advocates Pasadena and San Gabriel Valley
          Planned Parenthood Advocacy Project Los Angeles County
          Planned Parenthood Affiliates of California
          Planned Parenthood Mar Monte
          Unite for Reproductive & Gender Equity


          Analysis Prepared by:Lara Flynn / HEALTH / (916) 319-2097