2022-Pregnancy Centers — File 213398

1 CITY OF SOMERVILLE ORDINANCE NO. 2022- IN THE CITY COUNCIL: ___________, 2022 AN ORDINANCE ADDING ARTICLE VI TO THE PROVISIONS OF CHAPTER 6, CONCERNING DECEPTIVE ADVERTISING PRACTICES OF LIMITED SERVICES PREGNANCY CENTERS AND AMENDING SECTION 1-11(b) OF THE CODE OF ORDINANCES OF THE CITY OF SOMERVILLE Be it ordained by the City Council, in session assembled, that the following provisions are added to Chapter 6 of the Code of Ordinances of the City of Somerville: ARTICLE VI. DECEPTIVE ADVERTISING PRACTICES OF LIMITED SERVICES PREGNANCY CENTERS SEC. 6-___. DEFINITIONS The following definitions shall apply to this article: (1) "Abortion" means the termination of a pregnancy for purposes other than producing a live birth. "Abortion" includes, but is not limited to, a termination of a pregnancy using pharmacological agents; (2) "Client" means an individual who is inquiring about or seeking services at a pregnancy services center; (3) "Clinical laboratory services" means the microbiological, serological, chemical, hematological, biophysical, cytological or pathological examination of materials derived from the human body for the purpose of obtaining information for the diagnosis, prevention or treatment of disease or the assessment of a health condition; (4) "Emergency contraception" means one or more prescription drugs (A) used separately or in combination for the purpose of preventing pregnancy, (B) administered to or self-administered by a patient within a medically recommended amount of time after sexual intercourse, (C) dispensed for such purpose in accordance with professional standards of practice, and (D) determined by the United States Food and Drug Administration to be safe for such purpose; (5) "Health information" means any oral or written information in any form or medium that relates to health insurance or the past, present or future physical or mental health or condition of a client;

2 (6) "Licensed health care provider" means a person licensed under the provisions of federal or state law to provide health care or other medical services; (7) "Limited services pregnancy center" means a pregnancy services center that does not directly provide, or provide referrals for, abortions or emergency contraception; (8) "Pregnancy-related service" means any medical or health counseling service related to pregnancy or pregnancy prevention, including, but not limited to, contraception and contraceptive counseling, pregnancy testing, pregnancy diagnosis, pregnancy options counseling, obstetric ultrasound, obstetric sonogram and prenatal care; (9) "Pregnancy services center" means a facility, including a mobile facility, the primary purpose of which is to provide services to clients who are or have reason to believe they may be pregnant and that either(A) offers obstetric ultrasounds, obstetric sonograms, pregnancy testing or diagnosis or prenatal care to pregnant clients, or (B) has the appearance of a medical facility by virtue of having two or more of the following factors present: (i) Staff or volunteers who wear medical attire and uniforms; (ii) one or more examination tables; (iii) a private or semiprivate room or area containing medical supplies or medical instruments; (iv) staff or volunteers who collect health information from clients; or (v) the facility is located on the same premises as a licensed health care facility or licensed health care provider or shares facility space with a licensed health care provider; (10) "Premises" means land and improvements or appurtenances or any part thereof; and (11) "Prenatal care" means services consisting of a physical examination, pelvic examination or clinical laboratory services provided to a client during pregnancy. SEC. 6-____. DECEPTIVE PRACTICES. No limited services pregnancy center, with the intent to perform a pregnancy-related service, shall make or disseminate before the public, or cause to be made or disseminated before the public, in any newspaper or other publication, through any advertising device, or in any other manner, including, but not limited to, through use of the Internet, any statement concerning any pregnancy-related service or the provision of any pregnancy-related service that is deceptive, whether by statement or omission, and that a limited services pregnancy center knows or reasonably should know to be deceptive. SEC. 6-____. ENFORCEMENT. The provisions of this article shall be enforced by a noncriminal disposition pursuant to Massachusetts General Laws Chapter 40, Section 21D. Each failure to comply with the requirements set forth in this Ordinance shall be deemed a separate offense. A person

3 or entity violating any provisions of this article shall be punishable in accordance with the provisions of Somerville Code of Ordinances Section 1-11. Nothing in this section shall prohibit the City from seeking any legal or equitable relief permitted by law. Be it further ordained by the City Council, that Section 1-11(b) of the Code of Ordinances of the City of Somerville is hereby amended as follows: Offense Fine Enforcing Personnel Limited Services Pregnancy Centers (Chapter 6, Article VI). $300.00 Inspectional Services Division APPROVED: President City Council