SOM CPC Ordinance — File 213250

PROPOSED ORDINANCE DRAFT on Crisis Pregnancy Centers as submitted by City Councilor Kristen Strezo AN ORDINANCE TO REQUIRE DISCLAIMERS or SIGNS (PHYSICAL OR DIGITAL) BY AND AT UNLICENSED PREGNANCY SERVICE CENTERS, LIMITED-SERVICE PREGNANCY RESOURCE CENTERS, CREATING AN OFFENSE AND IMPOSING A PENALTY SO BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOMERVILLE: That the following required disclaimers relate to all UNLICENSED PREGNANCY SERVICE CENTERS attempting to operate in the City of Somerville. Section 1 DEFINITIONS (1) UNLICENSED PREGNANCY SERVICE CENTER, LIMITED-SERVICE PREGNANCY RESOURCE CENTER or “CENTER” means an organization, facility, or individual that: (A) as its primary purpose, provides pregnancy related services, including pregnancy testing and options counseling; and (B) does not have a health care provider that is licensed by a state or federal regulatory entity maintaining a full-time practice on site; (C) has a primary purpose to provide pregnancy-related services; (D) does not have a licensed medical professional on staff; and (E) provides information about pregnancy-related services, for a fee or as a free service. (2) MEDICAL SERVICE includes, without limitation, diagnosing pregnancy or performing a sonogram. (3) OWNER OR OPERATOR means a person who owns, operates, or manages an unlicensed pregnancy service center. (4) Client means a client or potential client who may receive information from a Center. (5) Licensed medical professional means one or more individuals who: (A) are licensed by the appropriate State agency under the City of Somerville (of applicable state code) (B) provide medical-related information by the Center or medical-related services at the Center by either: (i) providing medical information by the Center or services to clients at the Center while in operation for at least 20 hours per week; or (ii) directly overseeing medical services provided at the Center; and (C) are employed by or offer their services at the Center.

Section 2 NOTICE or DISCLAIMER REQUIRED (1) The owner or operator of a Center shall prominently display a black and white sign, in English and the top five most spoken most languages in Somerville, affixed to the entrance of the center so that the sign is conspicuously visible to a person entering the center, that accurately discloses the following information: (A) whether the center provides medical services. (B) if the center provides medical services, whether all medical services are provided under direction and supervision of a licensed health care provider; and (C) if the center provides medical services, whether the center is licensed by a state or federal regulatory entity to provide those services. (2) Each sign must be at least eight and one-half inches by eleven inches and the text must be in a font size of at least 45-point. (3) This information must be provided on the main landing page of the official website and provided on all electronic and digital communications. Section 3 GEOGRAPHICAL LOCATION OPERATION OF A CENTER (1) The location of a center, operating as an unlicensed healthcare facility, cannot operate within 1000 feet of an educational institution to include elementary, high school, or collegiate institutions. (2) The location of a center, operating as an unlicensed healthcare facility, cannot operate within 1000 feet of a licensed healthcare facility so as to not create false advertising, misinformation and disinformation for licensed healthcare services. Section 4 ENFORCEMENT (1) An owner or operator commits an offense if the owner or operator violates this chapter. (B) An offense under this article shall be punished by a fine of not less than $500 for the first offense, not less than $1000 for a second offense, and not less than $3000 for a third or succeeding offense. (C) A culpable mental state is not required, and need not be proved, for an offense under this chapter. (2) Applicability. This ordinance applies citywide. (3) Severability. If the application of this ordinance or any part of it to any facts or circumstances is held invalid, the rest of the ordinance and its application to all other facts and circumstances is intended to remain in effect. (4) This ordinance takes effect on _____________, 20_____.