Sponsored by:
Assemblywoman MILA M. JASEY
District 27 (Essex and Morris)
Assemblywoman SHANIQUE SPEIGHT
District 29 (Essex)
Co-Sponsored by:
Assemblywoman McKnight, Assemblyman Mukherji, Assemblywoman Chaparro, Assemblyman Stanley, Assemblywoman Timberlake, Assemblymen Verrelli, Calabrese, Assemblywomen Park and Reynolds-Jackson
SYNOPSIS
Strengthens access to reproductive health care; appropriates $20 million.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning reproductive rights; supplementing, amending, and repealing various parts of the statutory law; and making an appropriation.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) As used in P.L.2021, c.375 and P.L. , c. (C. ) (pending before the Legislature as this bill):
Abortion means any medical treatment intended to induce the termination of pregnancy except for the purpose of producing a live birth. Abortion includes, but is not limited to, medication abortion and early aspiration abortion as defined in this section.
Advanced practice clinician means an advanced practice nurse licensed pursuant to P.L.1991, c.377 (C.45:11-45 et seq.); a physician assistant licensed pursuant to P.L.1991, c.378 (C.45:9-27.10 et seq.); a certified nurse midwife; and a certified midwife licensed pursuant to R.S.45:10-1 et seq.
Early aspiration abortion means a procedure that terminates a pregnancy in the first trimester of pregnancy, utilizing manual or electric suction to empty the uterus.
First trimester of pregnancy means the period of up to 14 completed weeks as calculated by an estimate of gestational age that utilizes the last menstrual period, ultrasound, physical examination, or any combination thereof as appropriate to the standard of care.
Health care professional means a person who is licensed or otherwise authorized to provide health care services, pursuant to Title 45 of the Revised Statutes, including, but not limited to, a physician, advance practice nurse, physician assistant, certified midwife, or certified nurse midwife.
Medical abortion means the use, prescription, order, dispensing, administration, or any combination thereof as applicable, of a medication or a combination of medications to induce termination of pregnancy.
Practical support means direct assistance to enable a person to obtain services related to the termination of a pregnancy including, but not limited to, ground and air transportation, gas money, lodging, meals, child care, translation services, doula support, and assistance related to shipping and handling of medications related to abortion care.
Pregnancy means the period of the human reproductive process beginning with the implantation of a fertilized egg.
Public entity means the State and any county, municipality, district, public authority, public agency, or other political subdivision or public body in the State.
Reproductive health care services includes all medical, surgical,
counseling or referral services relating to the human reproductive
system, including, but not limited to, services relating to pregnancy,
contraception or the termination of a pregnancy.
State means the State and any office, department, branch, division, subdivision, bureau, board, commission, agency, instrumentality, or individual acting under color of law of the State, but shall not include any entity that is statutorily authorized to sue and be sued.
2. Section 2 of P.L.2021, c.375 (C.10:7-2) is amended to read as follows:
2. a. Every individual present in the State, including, but not limited to, an individual who is under State control or supervision, shall have the fundamental right to: choose or refuse contraception or sterilization; and choose whether to carry a pregnancy, to give birth, or to terminate a pregnancy. The New Jersey Constitution recognizes the fundamental nature of the right to reproductive choice, including the right to access contraception, to terminate a pregnancy, and to carry a pregnancy to term, shall not be abridged by any law, rule, regulation, ordinance, or order issued by any State, county, or local governmental authority. Any law, rule, regulation, ordinance, or order, in effect on or adopted after the effective date of this act, that is determined to have the effect of limiting the constitutional right to freedom of reproductive choice and that does not conform with the provisions and the express or implied purposes of this act, shall be deemed invalid and shall have no force or effect.
b. If the State provides, directly or by contract, hospital or medical benefits for pregnancy-related care through any program administered or funded in whole or in part by the State, the State also shall provide a pregnant individual otherwise eligible for the program with substantially equivalent benefits to permit the individual to voluntarily terminate the individuals pregnancy.
c. A physician or other health care professional, acting within the professionals lawful scope of practice and in compliance with all generally applicable regulations, shall be authorized to provide and assist in the provision of abortion care in this State.
d. Nothing in this act shall preclude an advanced practice clinician who is licensed, certified, or otherwise authorized by law to practice in this State from performing early aspiration abortion, providing medical abortion, or managing the spontaneous termination of pregnancy consistent with the advanced practice clinicians scope of practice and with any regulations promulgated by the applicable licensing board.
e. A public entity shall not, in regulating or providing benefits, facilities, services, or information, deny or interfere with an individuals fundamental reproductive rights pursuant to subsection a. of this section or discriminate against an individual on the basis of the individuals exercise of fundamental reproductive rights pursuant to subsection a. of this section.
f. The following rules and regulations shall be void, and be given no force or effect following the effective date of P.L. , c. (pending before the Legislature as this bill):
(1) all rules and regulations promulgated by the Department of Human Services as of the effective date of P.L. , c. (pending before the Legislature as this bill), or parts thereof, which limit coverage for abortion services based on the type of facility or health care professional that provides the services, or which are otherwise inconsistent or in conflict with the provisions or express or implied purposes of P.L.2021, c.375 (C.10:7-1 et seq.) including, but not limited to, relevant parts or subparts of N.J.A.C.10:54-5.43 and N.J.A.C.10:66-2.16; and
(2) any rules and regulations promulgated by any other State agency as of the effective date of P.L. , c (pending before the Legislature as this bill), or parts thereof, which are inconsistent or in conflict with the provisions or express or implied purposes of P.L.2021, c.375 (C.10:7-1 et seq.).
g. The provisions of this section shall be