Bill Summary – FastDemocracy

FILED ON: 6/2/2022
      HOUSE . . . . . . . . . . . . . . . No. 4954
     House bill No. 4930, as changed by the committee on Bills in the Third Reading, and as
     amended and passed to be engrossed, by the House. June 29, 2022.
                                The Commonwealth of Massachusetts
                                                      _______________
                                    In the One Hundred and Ninety-Second General Court
                                                        (2021-2022)
                                                      _______________
     An Act expanding protections for reproductive rights.
     Whereas, the deferred operation of this act would tend to defeat its purpose, which is to expand
     protections for reproductive rights, therefore it is hereby declared to be an emergency law,
     necessary for the immediate preservation of the public convenience.
              Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
     of the same, as follows:
          SECTION 1. Section 1 of chapter 9A of the General Laws, as appearing in the 2020
  Official Edition, is hereby amended by inserting after the definition of “Application assistant”
  the following 3 definitions:-
          “Gender-affirming health care services”, all supplies, care and services of a medical,
  behavioral health, mental health, surgical, psychiatric, therapeutic, diagnostic, preventative,
  rehabilitative or supportive nature relating to the treatment of gender dysphoria.
          “Legally-protected health care activity”, (i) the exercise and enjoyment, or attempted
  exercise and enjoyment, by any person of rights to reproductive health care services or gender-
  affirming health care services secured by the constitution or laws of the commonwealth; or (ii)
 any act or omission undertaken to aid or encourage, or attempt to aid or encourage, any person in
 the exercise and enjoyment, or attempted exercise and enjoyment, of rights to reproductive
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 health care services or gender-affirming health care services secured by the constitution or laws
 of the commonwealth, or to provide insurance coverage for such services; provided, however,
 that the provision of such a health care service by a person duly licensed under the laws of the
 commonwealth and physically present in the commonwealth, and the provision of insurance
 coverage for such services, shall be legally protected if the service is permitted under the laws of
 the commonwealth, regardless of the patient’s location.
        “Reproductive health care services”, all supplies, care and services of a medical,
 behavioral health, mental health, surgical, psychiatric, therapeutic, diagnostic, preventative,
 rehabilitative or supportive nature relating to pregnancy, contraception, assisted reproduction,
 miscarriage management or the termination of a pregnancy.
        SECTION 2. Section 2 of said chapter 9A of the General Laws, as so appearing, is
 hereby amended by striking out subsection (1) and inserting in place thereof the following
 subsection:-
        (1)(a) Upon recommendation of an application assistant, an adult person, a parent or
 guardian acting on behalf of a minor, or a guardian acting on behalf of an incapacitated person
 may apply to the secretary to have an address designated by the secretary serve as the person’s
 address or the address of the minor or incapacitated person; or
        (b) Individuals engaged in the provision, facilitation or promotion of legally-protected
 health care activity may apply to the secretary to have an address designated by the secretary
 serve as the health care professional’s address; provided, that in such cases, no recommendation
 of an application assistant shall be required.
        SECTION 3. Said chapter 9A of the General Laws is hereby further amended by striking
 out section 7 and inserting in place thereof the following section:-
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        Section 7. The secretary shall promulgate regulations to implement this chapter and in
 doing so shall consult with the secretary of health and human services and Jane Doe Inc.: The
 Massachusetts Coalition Against Sexual Assault and Domestic Violence, GLBTQ Legal
 Advocates & Defenders, Inc., Planned Parenthood League of Massachusetts, Inc. and
 Reproductive Equity Now, Inc.
        SECTION 4. Chapter 12 of the General Laws is hereby amended by inserting after
 section 11I the following 2 sections:-
        Section 11I½. (a) As used in this section, the following words shall, unless the context
 clearly requires otherwise, have the following meanings:
        “Gender-affirming health care services”, all supplies, care and services of a medical,
 behavioral health, mental health, surgical, psychiatric, therapeutic, diagnostic, preventative,
 rehabilitative or supportive nature relating to the treatment of gender dysphoria.
        “Abusive litigation”, litigation or other action to deter, prevent, sanction or punish any
 person engaging in legally-protected health care activity that is: (i) filed or prosecuted in any
 state other than the commonwealth where liability, in whole or part, directly or indirectly, is
 based on legally-protected health care activity that occurred in the commonwealth, including any
 action in which liability is based on any theory of vicarious, joint or several liability derived
 therefrom; or (ii) an attempt to enforce any order or judgment issued in connection with any such
 action by any party to the action or any person acting on behalf of a party to the action; provided,
 however, that a lawsuit shall be considered to be based on conduct that occurred in the
 commonwealth if any part of any act or omission involved in the course of conduct that forms
 the basis for liability in the lawsuit occurs or is initiated in the commonwealth, whether or not
 such act or omission is alleged or included in any pleading or other filing in the lawsuit.
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        “Legally-protected health care activity”, (i) the exercise and enjoyment, or attempted
 exercise and enjoyment, by any person of rights to reproductive health care services or gender-
 affirming health care services secured by the constitution or laws of the commonwealth; or (ii)
 any act or omission undertaken to aid or encourage, or attempt to aid or encourage, any person in
 the exercise and enjoyment, or attempted exercise and enjoyment, of rights to reproductive
 health care services or gender-affirming health care services secured by the constitution or laws
 of the commonwealth, or to provide insurance coverage for such services; provided, however,
 that the provision of such a health care service by a person duly licensed under the laws of the
 commonwealth and physically present in the commonwealth, and the provision of insurance
 coverage for such services, shall be legally protected if the service is permitted under the laws of
 the commonwealth, regardless of the patient’s location.
        “Reproductive health care services”, all supplies, care and services of a medical,
 behavioral health, mental health, surgical, psychiatric, therapeutic, diagnostic, preventative,
 rehabilitative or supportive nature relating to pregnancy, contraception, assisted reproduction,
 miscarriage management or the termination of a pregnancy.
        (b) Access to reproductive health care services and gender-affirming health care services
 is recognized and declared to be a right secured by the constitution and laws of the
 commonwealth. Interference with this right, whether or not under the color of law, is against the
 public policy of the commonwealth.
        (c) Any public act or record of a foreign jurisdiction that prohibits, criminalizes,
 sanctions, authorizes a person to bring a civil action against, or otherwise interferes with a
 person, entity or carrier that seeks, receives, causes, aids in access to, aids or abets or provides,
 or attempts or intends to seek, receive, cause, aid in access to, aid or abet, or provide
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  reproductive health care services or gender-affirming health care services, shall be an
  interference with the exercise and enjoyment of the rights secured by the constitution and laws of
  the commonwealth and shall be a violation of the public policy of the commonwealth.
         (d) If a person, including any plaintiff, prosecutor, attorney or law firm, whether or not
  acting under color of law, interferes or attempts to interfere through abusive litigation with
  legally-protected health care activity, any aggrieved person, entity or carrier, including any
  defendant in such abusive litigation, may institute and prosecute a civil action for injunctive,
  monetary or other appropriate relief within 3 years after notice of the cause of action accrues.
         If the court finds for the petitioner in an action authorized by this section, recovery shall
  be in the amount of actual damages, which shall include damages for the amount of any
  judgment issued in connection with any abusive litigation, and any and all other expenses, costs
  or reasonable attorney’s fees incurred in connection with the abusive litigation.
         (e) A court may exercise jurisdiction over a person in an action authorized by this section
 if: (i) personal jurisdiction is found under section 3 of chapter 223A; (ii) the person has
 commenced any action in any court in the commonwealth and, during the pendency of that
 action or any appeal therefrom, a summons and complaint is served on the person or the attorney
 appearing on the person’s behalf in that action or as otherwise permitted by law; or (iii) the
 exercise of jurisdiction is permitted under the Constitution of the United States.
         (f) This section shall not apply to a lawsuit or judgment entered in another state that is
 based on conduct for which a cause of action exists under the laws of the commonwealth if the
 course of conduct that forms the basis for liability had occurred entirely in the commonwealth,
 including any contract, tort, common law or statutory claims.
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        Section 11I¾. Notwithstanding any general or special law or common law conflict of law
 rule to the contrary, the laws of the commonwealth shall govern in any case or controversy heard
 in the commonwealth related to reproductive health care services or gender-affirming health care
 services, as those terms are defined in section 11I½, except as may be required by federal law.
        SECTION 5. Section 17C of chapter 32A of the General Laws, as appearing in the 2020
 Official Edition, is hereby amended by inserting after the word “for”, in line 3, the following
 words:- abortion as defined in section 12K of chapter 112, abortion-related care,.
        SECTION 6. Said section 17C of said chapter 32A, as so appearing, is hereby further
 amended by inserting after the second paragraph the following 2 paragraphs:-
        Coverage provided under this section for abortion or abortion-related care shall not be
 subject to any deductible, coinsurance, copayment or any other cost-sharing requirement.
 Coverage for abortion or abortion-related care offered under this section shall not impose
 unreasonable restrictions or delays in the coverage.
        Benefits for an enrollee under this section shall be the same for the enrollee’s covered
 spouse and covered dependents.
        SECTION 7. Chapter 94C of the General Laws is hereby amended by striking out section
 19A, as appearing in the 2020 Official Edition, and inserting in place thereof the following
 section:-
        Section 19A. (a) As used in this section, “emergency contraception” shall, unless the
 context clearly requires otherwise, mean any drug approved by the federal Food and Drug
 Administration as a contraceptive method for use after sexual intercourse, whether provided
 over-the-counter or by prescription.
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        (b) The department shall ensure that a statewide standing order is issued to authorize the
 dispensing of emergency contraception by a licensed pharmacist. The statewide standing order
 shall include, but not be limited to, written, standardized procedures or protocols for the
 dispensing of emergency contraception by a licensed pharmacist. Notwithstanding any general or
 special law to the contrary, the commissioner, or a physician designated by the commissioner
 who is registered to distribute or dispense a controlled substance in the course of professional
 practice pursuant to section 7, shall issue a statewide standing order that may be used by a
 licensed pharmacist to dispense emergency contraception under this section.
        (c) Notwithstanding any general or special law to the contrary, a licensed pharmacist may
 dispense emergency contraception in accordance with the statewide standing order issued under
 subsection (b). Except for an act of gross negligence or willful misconduct, a pharmacist who,
 acting in good faith, dispenses emergency contraception shall not be subject to any criminal or
 civil liability or any professional disciplinary action by the board of registration in pharmacy
 related to the use or administration of emergency contraception.
        (d) Before dispensing emergency contraception authorized under this section, a
 pharmacist may complete a training program approved by the commissioner on emergency
 contraception; provided, however, that the training shall include, but not be limited to, proper
 documentation, quality assurance and referral to additional services, including appropriate
 recommendation that the patient follow-up with a medical practitioner.
        (e) A pharmacist dispensing emergency contraception under this section shall annually
 provide to the department the number of times such emergency contraception is dispensed.
 Reports made pursuant to this section shall not identify any individual patient, shall be
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 confidential and shall not be public records as defined by clause Twenty-sixth of section 7 of
 chapter 4 or section 10 of chapter 66.
        (f) Except for an act of gross negligence or willful misconduct, the commissioner or a
 physician who issues the statewide standing order under subsection (b) and any medical
 practitioner who, acting in good faith, directly or through the standing order, prescribes or
 dispenses emergency contraception shall not be subject to any criminal or civil liability or any
 professional disciplinary action.
        SECTION 8. Chapter 112 of the General Laws is hereby amended by inserting after
 section 5F the following section:-
        Section 5F½. Notwithstanding any general or special law to the contrary, no person shall
 be subject to discipline by the board, including the revocation, suspension or cancellation of the
 certificate of registration or reprimand, censure or monetary fine, for providing or assisting in the
 provision of reproductive health care services or gender-affirming health care services, as those
 terms are defined in section 11I½ of chapter 12, or for any judgment, discipline or other sanction
 arising from such health care services if the services as provided would have been lawful and
 consistent with good medical practice if they occurred entirely in the commonwealth.
        The board shall not make available for public dissemination on a physician’s individual
 profile record of any criminal conviction or charge for a felony or serious misdemeanor, final
 disciplinary action by a licensing board in another state or a medical malpractice court judgment,
 arbitration award or settlement that resulted from providing or assisting in the provision of
 reproductive health care services or gender-affirming health care services or for any judgment,
 discipline or other sanction arising from such health care services if the services as provided
 would have been lawful and consistent with good medical practice if they occurred entirely in
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 the commonwealth. The board shall not take adverse action on an application for registration of a
 qualified physician based on a criminal or civil action, disciplinary action by a licensing board of
 another state or a medical malpractice claim in another state arising from the provision of
 reproductive health care services or gender-affirming health care services that, as provided,
 would have been lawful and consistent with good medical practice if they occurred entirely in
 the commonwealth.
          Nothing in this section shall be construed to regulate the practice of medicine in any other
 state.
          SECTION 9. Section 9H of said chapter 112, as appearing in the 2020 Official Edition, is
 hereby amended by inserting after the word “sections”, in line 4, the following words:- ;
 provided, however, that notwithstanding any general or special law to the contrary, no person
 shall be subject to discipline by the board, including the revocation, suspension or cancellation of
 the certificate of registration or reprimand, censure or monetary fine, for providing or assisting in
 the provision of reproductive health care services or gender-affirming health care services, as
 those terms are defined in section 11I½ of chapter 12, or for any judgment, discipline or other
 sanction arising from such health care services if the s