Enhances access to reproductive health care; appropriates $20 million; repeals various sections of law.

A2452

ASSEMBLY, No. 2452

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblywoman TENNILLE R. MCCOY

District 14 (Mercer and Middlesex)

SYNOPSIS

���� Enhances access to reproductive health care;
appropriates $20 million; repeals various sections of law.

CURRENT VERSION OF TEXT

���� Introduced Pending Technical Review by Legislative
Counsel.

��

An Act

concerning reproductive rights, revising and
supplementing 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.�

���� �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.

���� �Physician� means an
individual licensed to practice medicine and surgery in this State.

���� �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 individual�s pregnancy.

����
c.���� A physician, acting
within the physician�s 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.��� A public entity shall
not, in regulating or providing benefits, facilities, services, or information,
deny or interfere with an individual�s fundamental reproductive rights pursuant
to subsection a. of this section or discriminate against an individual on the
basis of the individual�s exercise of fundamental reproductive rights pursuant
to subsection a. of this section.

����
e.���� 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 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.).

����
f.
���� The provisions
of this section shall be enforceable under the "New Jersey Civil Rights
Act," P.L.2004, c.143 (C.10:6-1 et seq.) or in any other manner provided
by law.

(cf: P.L.2021, c.375, s.2).

���� 3.��� (New section) �a. �Each
hospital service corporation contract that provides hospital or medical expense
benefits and is delivered, issued, executed, or renewed in this State pursuant
to P.L.1938, c.366 (C.17:48-1 et seq.) or is approved for issuance or renewal
in this State by the Commissioner of Banking and Insurance, on or after the
effective date of P.L. , c.�� (pending before the Legislature
as this bill), shall provide coverage for abortion, as defined by section 1 of
P.L. , c.
(C. ) (pending before the Legislature
as this bill).

���� b.��� A contract subject to
this section shall not impose a deductible, coinsurance, copayment, or any
other cost-sharing requirement on the coverage required under this section.�
For a qualifying high-deductible health plan for a health savings account, the
hospital service corporation shall establish the plan�s cost-sharing for the
coverage provided pursuant to this section at the minimum level necessary to
preserve the subscriber�s ability to claim tax-exempt contributions and
withdrawals from the subscriber�s health savings account under 26 U.S.C. s.223.

���� c.���� A contract shall not
impose any restrictions or delays on, and shall not require prior authorization
for, the coverage required under this section.

���� d.��� Notwithstanding the
provisions of subsections a. through c. of this section to the contrary, if the
Commissioner of Banking and Insurance concludes that enforcement of this
section may adversely affect the allocation of federal funds to this State, the
commissioner may grant an exemption to the requirements of this section, but
only to the minimum extent necessary to ensure the continued receipt of federal
funds.

���� e.���� A religious employer
may request, and a hospital service corporation shall grant, an exclusion under
the contract for the coverage required by this section if the required coverage
conflicts with the religious employer�s bona fide religious beliefs and practices.
A religious employer that obtains an exclusion shall provide written
notice thereof to subscribers and prospective subscribers, and the hospital
service corporation shall provide notice to the Commissioner of Banking and
Insurance in such form and manner as may be determined by the commissioner.
The provisions of this subsection shall not be construed as authorizing a
hospital service corporation to exclude coverage for care that is necessary to
preserve the life or health of a subscriber.

���� For the purposes of this
subsection, �religious employer� means an organization that is organized and
operates as a nonprofit entity and is referred to in section 6033(a)(3)(A)(i)
or (iii) of the Internal Revenue Code of 1986 (26 U.S.C. s.6033), as amended.

���� 4.��� (New section) �a. �Each
medical service corporation contract that provides hospital or medical expense
benefits and is delivered, issued, executed, or renewed in this State pursuant
to P.L.1940, c.74 (C.17:48A-1 et seq.) or is approved for issuance or renewal
in this State by the Commissioner of Banking and Insurance, on or after the
effective date of P.L. , c.�� (pending before the Legislature
as this bill), shall provide coverage for abortion, as defined by section 1 of
P.L. , c.
(C. ) (pending before the Legislature
as this bill).

���� b.��� A contract subject to
this section shall not impose a deductible, coinsurance, copayment, or any
other cost-sharing requirement on the coverage required under this section.
For a qualifying high-deductible health plan for a health savings
account, the medical service corporation shall establish the plan�s
cost-sharing for the coverage provided pursuant to this section at the minimum
level necessary to preserve the subscriber�s ability to claim tax-exempt
contributions and withdrawals from the subscriber�s health savings account
under 26 U.S.C. s.223.

���� c.���� A contract shall not
impose any restrictions or delays on, and shall not require prior authorization
for, the coverage required under this section.

���� d.��� Notwithstanding the
provisions of subsections a. through c. of this section to the contrary, if the
Commissioner of Banking and Insurance concludes that enforcement of this
section may adversely affect the allocation of federal funds to this State, the
commissioner may grant an exemption to the requirements, but only to the
minimum extent necessary to ensure the continued receipt of federal funds.

���� e.���� A religious employer
may request, and a medical service corporation shall grant, an exclusion under
the contract for the coverage required by this section if the required coverage
conflicts with the religious employer�s bona fide religious beliefs and practices.
A religious employer that obtains an exclusion shall provide written
notice thereof to subscribers and prospective subscribers, and the medical
service corporation shall provide notice to the Commissioner of Banking and
Insurance in a form and manner as may be determined by the commissioner.
The provisions of this subsection shall not be construed as authorizing a
medical service corporation to exclude coverage for care that is necessary to
preserve the life or health of a subscriber.

���� For the purposes of this
subsection, �religious employer� means an organization that is organized and
operates as a nonprofit entity and is referred to in section 6033(a)(3)(A)(i)
or (iii) of the Internal Revenue Code of 1986 (26 U.S.C. s.6033), as amended.

���� 5.��� (New section)� a.� Each
health service corporation contract that provides hospital or medical expense
benefits and is delivered, issued, executed, or renewed in this State pursuant
to P.L.1985, c.236 (C.17:48E-1 et seq.) or is approved for issuance or renewal
in this State by the Commissioner of Banking and Insurance, on or after the
effective date of P.L. , c. (pending
before the Legislature as this bill), shall provide coverage for abortion, as
defined by section 1 of P.L. , c.
(C. ) (pending before the Legislature
as this bill).

���� b.��� A contract subject to
this section shall not impose a deductible, coinsurance, copayment, or any
other cost-sharing requirement on the coverage required under this section.
For a qualifying high-deductible health plan for a health savings
account, the health service corporation shall establish the plan�s cost-sharing
for the coverage provided pursuant to this section at the minimum level
necessary to preserve the subscriber�s ability to claim tax-exempt
contributions and withdrawals from the subscriber�s health savings account
under 26 U.S.C. s.223.

���� c.���� A contract shall not
impose any restrictions or delays on, and shall not require prior authorization
for, the coverage required under this section.

���� d.��� Notwithstanding the
provisions of subsections a. through c. of this section to the contrary, if the
Commissioner of Banking and Insurance concludes that enforcement of this
section may adversely affect the allocation of federal funds to this State, the
commissioner may grant an exemption to the requirements, but only to the
minimum extent necessary to ensure the continued receipt of federal funds.

���� e.���� A religious employer
may request, and a health service corporation shall grant, an exclusion under
the contract for the coverage required by this section if the required coverage
conflicts with the religious employer�s bona fide religious beliefs and practices.
A religious employer that obtains an exclusion shall provide written
notice thereof to subscribers and prospective subscribers, and the health
service corporation shall provide notice to the Commissioner of Banking and
Insurance in such form and manner as may be determined by the commissioner.
The provisions of this subsection shall not be construed as authorizing a
health service corporation to exclude coverage for care that is necessary to
preserve the life or health of a subscriber.

���� For the purposes of this
subsection, �religious employer� means an organization that is organized and
operates as a nonprofit entity and is referred to in section 6033(a)(3)(A)(i)
or (iii) of the Internal Revenue Code of 1986 (26 U.S.C. s.6033), as amended.

���� 6.��� (New section)� a.� Each
individual health insurance policy that provides hospital or medical expense
benefits and is delivered, issued, executed, or renewed in this State pursuant
to chapter 26 of Title 17B of the New Jersey Statutes or is approved for
issuance or renewal in this State by the Commissioner of Banking and Insurance,
on or after the effective date of P.L. , c.
(pending before the Legislature as this bill), shall provide coverage
for abortion, as defined by section 1 of P.L. ,
c. (C. ) (pending
before the Legislature as this bill).

���� b.��� A policy subject to this
section shall not impose a deductible, coinsurance, copayment, or any other
cost-sharing requirement on the coverage required under this section. For
a qualifying high-deductible health plan for a health savings account, the
individual health insurer shall establish the plan�s cost-sharing for the
coverage provided pursuant to this section at the minimum level necessary to
preserve the insured�s ability to claim tax-exempt contributions and
withdrawals from the insured�s health savings account under 26 U.S.C. s.223.

���� c.���� A policy shall not
impose any restrictions or delays on, and shall not require prior authorization
for, the coverage required under this section.

���� d.��� Notwithstanding the
provisions of subsections a. through c. of this section to the contrary, if the
Commissioner of Banking and Insurance concludes that enforcement of this
section may adversely affect the allocation of federal funds to this State, the
commissioner may grant an exemption to the requirements, but only to the
minimum extent necessary to ensure the continued receipt of federal funds.

e. A religious employer may request, and an individual
health insurer shall grant, an exclusion under the policy for the coverage
required by this section if the required coverage conflicts with the religious
employer�s bona fide religious beliefs and practices. A religious
employer that obtains an exclusion shall provide written notice thereof to
insureds and prospective insureds, and the individual health insurer shall
provide notice to the Commissioner of Banking and Insurance in a form and manner
as may be determined by the commissioner. The provisions of this
subsection shall not be construed as authorizing an individual health insurer
to exclude coverage for care that is necessary to preserve the life or health
of an insured.

���� For the purposes of this
subsection, �religious employer� means an organization that is organized and
operates as a nonprofit entity and is referred to in section 6033(a)(3)(A)(i)
or (iii) of the Internal Revenue Code of 1986 (26 U.S.C. s.6033), as amended.

���� 7.��� (New section) a.
Each group health insurance policy that provides hospital or medical
expense benefits and is delivered, issued, executed, or renewed in this State
pursuant to chapter 27 of Title 17B of the New Jersey Statutes or is approved
for issuance or renewal in this State by the Commissioner of Banking and
Insurance, on or after the effective date of P.L. ,
c. (pending before the Legislature as this bill), shall provide
benefits for abortion, as defined by section 1 of P.L. ,
c. (C. ) (pending
before the Legislature as this bill).

b. A policy subject to this section shall not impose a
deductible, coinsurance, copayment, or any other cost-sharing requirement on
the coverage required under this section. For a qualifying high-deductible
health plan for a health savings account, the group health insurer shall
establish the plan�s cost-sharing for the coverage provided pursuant to this
section at the minimum level necessary to preserve the insured�s ability to
claim tax-exempt contributions and withdrawals from the insured�s health
savings account under 26 U.S.C. s.223.

c. A policy shall not impose any restrictions or delays
on, and shall not require prior authorization for, the coverage required under
this section.

d. Notwithstanding the provisions of subsections a. through
c. of this section to the contrary, if the Commissioner of Banking and
Insurance concludes that enforcement of this section may adversely affect the
allocation of federal funds to this State, the commissioner may grant an
exemption to the requirements, but only to the minimum extent necessary to
ensure the continued receipt of federal funds.

e. A religious employer may request, and a group health
insurer shall grant, an exclusion under the policy for the coverage required by
this section if the required coverage conflicts with the religious employer�s
bona fide religious beliefs and practices. A religious employer that
obtains an exclusion shall provide written notice thereof to insureds and
prospective insureds, and the group health insurer shall provide notice to the
Commissioner of Banking and Insurance in a form and manner as may be determined
by the commissioner. The provisions of this subsection shall not be
construed as authorizing a group health insurer to exclude coverage for care
that is necessary to preserve the life or health of an insured.

���� For the purposes of this
subsection, �religious employer� means an organization that is organized and
operates as a nonprofit entity and is referred to in section 6033(a)(3)(A)(i)
or (iii) of the Internal Revenue Code of 1986 (26 U.S.C. s.6033), as amended.

���� 8.��� (New section) a.
Each individual health benefits plan that provides hospital or medical
expense benefits and is delivered, issued, executed, or renewed in this State
pursuant to P.L.1992, c.161 (C.17B:27A-2 et seq.) or is approved for issuance
or renewal in this State by the Commissioner of Banking and Insurance, on or
after the effective date of P.L. , c.�� (pending before the
Legislature as this bill), shall provide benefits for abortion, as defined by
section 1 of P.L. , c.
(C. ) (pending before the Legislature
as this bill).

b. A health benefits plan subject to this section shall
not impose a deductible, coinsurance, copayment, or any other cost-sharing
requirement on the coverage required under this section. For a qualifying high-deductible
health plan for a health savings account, the carrier shall establish the
plan�s cost-sharing for the coverage provided pursuant to this section at the
minimum level necessary to preserve the covered person�s ability to claim
tax-exempt contributions and withdrawals from the covered person�s health
savings account under 26 U.S.C. s.223.

c. A health benefits plan shall not impose any
restrictions or delays on, and shall not require prior authorization for, the
coverage required under this section.

d. Notwithstanding the provisions of subsections a. through
c. of this section, if the Commissioner of Banking and Insurance concludes that
enforcement of this section may adversely affect the allocation of federal
funds to this State, the commissioner may grant an exemption to the
requirements, but only to the minimum extent necessary to ensure the continued
receipt of federal funds.

e. A religious employer may request, and a carrier
shall grant, an exclusion under the health benefits plan for the coverage
required by this section if the required coverage conflicts with the religious
employer�s bona fide religious beliefs and practices. A religious
employer that obtains an exclusion shall provide written notice thereof to
covered persons and prospective covered persons, and the carrier shall provide
notice to the Commissioner of Banking and Insurance in a form and manner as may
be determined by the commissioner. The provisions of this subsection
shall not be construed as authorizing a carrier to exclude coverage for care
that is necessary to preserve the life or health of a covered person.

���� For the purposes of this
subsection, �religious employer� means an organization that is organized and
operates as a nonprofit entity and is referred to in section 6033(a)(3)(A)(i)
or (iii) of the Internal Revenue Code of 1986 (26 U.S.C. s.6033), as amended.

���� 9.��� (New section) a.
Each small employer health benefits plan that provides hospital or
medical expense benefits and is delivered, issued, executed, or renewed in this
State pursuant to P.L.1992, c.162 (C.17B:27A-17 et seq.) or is approved for
issuance or renewal in this State by the Commissioner of Banking and Insurance,
on or after the effective date of P.L. , c.
(pending before the Legislature as this bill), shall provide benefits
for abortion, as defined by section 1 of P.L. ,
c. (C. ) (pending
before the Legislature as this bill).

b. A health benefits plan subject to this section shall
not impose a deductible, coinsurance, copayment, or any other cost-sharing
requirement on the coverage required under this section. For a qualifying
high-deductible health plan for a health savings account, the carrier shall
establish the plan�s cost-sharing for the coverage provided pursuant to this
section at the minimum level necessary to preserve the covered person�s ability
to claim tax-exempt contributions and withdrawals from the covered person�s
health savings account under 26 U.S.C. s.223.

c. A health benefits plan shall not impose any
restrictions or delays on, and shall not require prior authorization for, the
coverage required under this section.

d. Notwithstanding the provisions of subsections a. through
c. of this section to the contrary, if the Commissioner of Banking and
Insurance concludes that enforcement of this section may adversely affect the
allocation of federal funds to this State, the commissioner may grant an
exemption to the requirements, but only to the minimum extent necessary to
ensure the continued receipt of federal funds.

e. A religious employer may request, and a carrier
shall grant, an exclusion under the health benefits plan for the coverage
required by this section if the required coverage conflicts with the religious
employer�s bona fide religious beliefs and practices. A religious
employer that obtains an exclusion shall provide written notice thereof to
covered persons and prospective covered persons, and the carrier shall provide
notice to the Commissioner of Banking and Insurance in a form and manner as may
be determined by the commissioner. The provisions of this subsection
shall not be construed as authorizing a carrier to exclude coverage for care
that is necessary to preserve the life or health of a covered person.

���� For the purposes of this
subsection, �religious employer� means an organization that is organized and
operates as a nonprofit entity and is referred to in section 6033(a)(3)(A)(i)
or (iii) of the Internal Revenue Code of 1986 (26 U.S.C. s.6033), as amended.

���� 10.��� (New section) a.
Each health maintenance organization contract for health care services
that is delivered, issued, executed, or renewed in this State pursuant to
P.L.1973, c.337

(C.26:2J-1 et seq.) or is approved for issuance or renewal in
this State by the Commissioner of Banking and Insurance, on or after the
effective date of P.L. , c. � (pending before the
Legislature as this bill), shall provide health care services for abortion, as
defined by section 1 of P.L. , c.
(C. ) (pending before the Legislature
as this bill).

b. A contract subject to this section shall not impose
a deductible, coinsurance, copayment, or any other cost-sharing requirement on
the coverage required under this section. For a qualifying high-deductible
health plan for a health savings account, the health maintenance organization
shall establish the plan�s cost-sharing for the coverage provided pursuant to
this section at the minimum level necessary to preserve the enrollee�s ability
to claim tax-exempt contributions and withdrawals from the enrollee�s health
savings account under 26 U.S.C. s.223.

c. A contract shall not impose any restrictions or
delays on, and shall not require prior authorization for, the coverage required
under this section.

d. Notwithstanding the provisions of subsections a. through
c. of this section to the contrary, if the Department of Banking and Insurance
concludes that enforcement of this section may adversely affect the allocation
of federal funds to this State, the commissioner may grant an exemption to the
requirements, but only to the minimum extent necessary to ensure the continued
receipt of federal funds.

e. A religious employer may request, and a health
maintenance organization shall grant, an exclusion under the contract for the
coverage required by this section if the required coverage conflicts with the
religious employer�s bona fide religious beliefs and practices. A
religious employer that obtains an exclusion shall provide written notice
thereof to enrollees and prospective enrollees, and the health maintenance
organization shall provide notice to the Commissioner of Banking and Insurance
in a form and manner as may be determined by the commissioner. The
provisions of this subsection shall not be construed as authorizing a health
maintenance organization to exclude coverage for care that is necessary to
preserve the life or health of an enrollee.

���� For the purposes of this
subsection, �religious employer� means an organization that is organized and
operates as a nonprofit entity and is referred to in section 6033(a)(3)(A)(i)
or (iii) of the Internal Revenue Code of 1986 (26 U.S.C. s.6033), as amended.

���� 11.��� (New section) a.
The State Health Benefits Commission shall ensure that every contract
providing hospital or medical expense benefits, which is purchased by the
commission on or after the effective date of P.L. , c.
(pending before the Legislature as this bill), provides coverage for
abortion, as defined by section 1 of P.L. ,
c. (C. ) (pending
before the Legislature as this bill).

b. A contract subject to this section shall not impose
a deductible, coinsurance, copayment, or any other cost-sharing requirement on
the coverage required under this section. For a qualifying high-deductible
health plan for a health savings account, the commission shall establish the
plan�s cost-sharing for the coverage provided pursuant to this section at the
minimum level necessary to preserve the covered person�s ability to claim
tax-exempt contributions and withdrawals from the covered person�s health
savings account under 26 U.S.C. s.223.

c. A contract shall not impose any restrictions or
delays on, and shall not require prior authorization for, the coverage required
under this section.

d. Notwithstanding the provisions of subsections a. through
c. of this section, if the Department of Banking and Insurance concludes that
enforcement of this section may adversely affect the allocation of federal
funds to this State, the commissioner may grant an exemption to the
requirements, but only to the minimum extent necessary to ensure the continued
receipt of federal funds.

���� 12.��� (New section) a.
The School Employees� Health Benefits Commission shall ensure that every
contract providing hospital or medical expense benefits, which is purchased by
the commission on or after the effective date of P.L. ,
c. (pending before the Legislature as this bill), provides coverage
for abortion, as defined by section 1 of P.L. ,
c. (C. ) (pending
before the Legislature as this bill).

b. A contract subject to this section shall not impose
a deductible, coinsurance, copayment, or any other cost-sharing requirement on
the coverage required under this section. For a qualifying high-deductible
health plan for a health savings account, the commission shall establish the
plan�s cost-sharing for the coverage provided pursuant to this section at the
minimum level necessary to preserve the covered person�s ability to claim
tax-exempt contributions and withdrawals from the covered person�s health
savings account under 26 U.S.C. s.223.

c. A contract shall not impose any restrictions or
delays on, and shall not require prior authorization for, the coverage required
under this section.

d. Notwithstanding the provisions of subsections a. through
c. of this section to the contrary, if the Department of Banking and Insurance
concludes that enforcement of this section may adversely affect the allocation
of federal funds to this State, the commissioner may grant an exemption to the
requirements, but only to the minimum extent necessary to ensure the continued
receipt of federal funds.

���� 13.��� Section 1 of P.L.1965,
c.217 (C.9:17A-1) is amended to read as follows:

1. The consent to the performance of medical or surgical care
and
[
procedure
]

procedures
by
a hospital or by a physician licensed to practice medicine and
surgery executed by a married person who is a minor, or by a
pregnant
[
woman
]

person
who
is a minor, on
[
his
or her
]

the
minor�s
behalf or on behalf of any of
[
his or her
]

the
minor�s
children, shall be valid and binding, and, for such purposes,
a married person who is a minor or a pregnant
[
woman
]

person
who is a
minor shall be deemed to have the same legal capacity to act and shall have the
same powers and obligations as
[
has
]
a person
of legal age. Notwithstanding any other provision of the law, an
unmarried, pregnant minor may give consent to the furnishing of hospital,
medical
,
and surgical care related to
[
her
]

the
minor�s
pregnancy or
[
her
]

the
minor�s
child
[
,
although prior notification of a parent may be required pursuant to P.L.1999,
c.145 (C.9:17A-1.1 et al.)
]
and
such consent shall not be subject to disaffirmance because of minority.
The consent of the parent or parents of an unmarried, pregnant minor shall not
be necessary in order to authorize hospital, medical
,
and surgical
care related to
[
her
]

the
minor�s
pregnancy or
[
her
]

the
minor�s
child.

(cf: P.L.1999, c.145, s.1)

���� 14. (New section) �a. �A law
of another state that authorizes a person to bring a civil action against a
person or entity for undertaking any of the following conduct is contrary to
the public policy of this State:

���� (1)�� Receiving or seeking an
abortion.

���� (2)�� Performing or inducing a
termination of an abortion.

���� (3)�� Knowingly engaging in
conduct that aids or abets the performance, receipt, or inducement of an
abortion.

���� (4)�� Attempting or intending
to engage in the conduct described in paragraphs (1) to (3) of this subsection,
inclusive.

���� b.��� A law described in
subsection a. of this section shall not be applied to any matter, case, or
controversy heard in a State court or in an administrative tribunal of this
State.

���� c.���� The provisions of this
section shall not apply to an action founded in tort, contract, or statute
under the laws of this State, or an action founded in tort, contract, or
statute under the laws of another state and for which a similar claim would
exist under the laws of this State including, but not limited to, an alleged
act of malpractice or negligence by a person in the person�s profession or
occupation.

���� 15. �(New section) �a. �A
person is guilty of interference with reproductive health services if the
person purposely or knowingly:

���� (1)�� inflicts or attempts to
inflict bodily injury on another person, with purpose to unlawfully restrict
another�s access to or receipt or provision of reproductive health services or
to intimidate the person from becoming or remaining a reproductive health services
patient, provider, volunteer, or assistant, if the conduct would cause a
reasonable person to be intimidated;

���� (2)�� physically obstructs any
person seeking to enter into or exit from a reproductive services facility or
place of religious worship, with purpose to unlawfully restrict another�s
access to or receipt or provision of reproductive health services or to intimidate
the person from becoming or remaining a reproductive health services patient,
provider, volunteer, or assistant, if the conduct would cause a reasonable
person to be intimidated;

���� (3)�� intimidates, threatens,
or coerces, or attempts to intimidate, threaten or coerce, any person or entity
because that person or entity is a reproductive health services patient,
provider, volunteer, or assistant, or in order to intimidate a person or
entity, or a class of persons or entities, from becoming or remaining a
reproductive health services patient, provider, volunteer, or assistant;

���� (4)�� damages, defaces or
destroys the property of a person, entity, or facility, or attempts to do so,
because the person, entity, or facility is a reproductive health services
patient, provider, assistant, volunteer, or facility;

���� (5)�� videotapes, films,
photographs, or records by electronic means, within 100 feet of the entrance
to, or within, a reproductive health services facility, a reproductive health
services patient, provider, volunteer, or assistant without that person�s
consent, with purpose to intimidate the person from becoming or remaining a
reproductive health services patient, provider, volunteer, or assistant, if the
conduct would cause a reasonable person to be intimidated;

���� (6)�� discloses or
distributes, in any manner or forum including, but not limited to, Internet
websites and social media, a videotape, film, photograph, or recording the
person knows or reasonably should know was obtained in violation of paragraph
(5) of this subsection, with purpose to intimidate the person from becoming or
remaining a reproductive health services patient, provider, volunteer, or
assistant, if the conduct would cause a reasonable person to be intimidated.

���� b.��� Interference with
reproductive health services is a crime of the fourth degree, except that
interference with reproductive health services is a crime of the second degree
if the victim suffers significant bodily injury or serious bodily injury, and is
a crime of the third degree if the victim suffers bodily injury.�

���� c.���� For purposes of this
section:

���� (1)�� �intimidate� means to
place a person in reasonable apprehension of bodily harm to themselves or to
another;

���� (2)�� �physical obstruction�
means rendering ingress to or egress from a reproductive health services
facility or a place of religious worship impassable to another person, or
rendering passage to or from a reproductive health services facility or a place
of religious worship unreasonably difficult or hazardous to another person;

���� (3)�� �reproductive health
services� means medical, surgical, counseling services relating to the human
reproductive system, including services relating to contraception, pregnancy,
or the termination of a pregnancy;

���� (4)�� �reproductive health
services facility� includes a hospital, clinic, office, or other site that
provides or seeks to provide reproductive health services and includes the
building or structure in which the facility is located; and

���� (5)�� �social media� means an
electronic service or account, or electronic content, including, but not
limited to, videos or still photographs, blogs, video blogs, podcasts, instant
and text messages, email, online services or accounts, or Internet website
profiles or locations.

���� d.��� Nothing in this section
shall be construed to preclude, or limit in any way, prosecution and conviction
for any other offense including, but not limited to, prosecution and conviction
for assault, N.J.S.2C:12-1; terroristic threats, N.J.S.2C:12-3; stalking, section
1 of P.L.1992, c.209 (C.2C:12-10); criminal coercion, N.J.S.2C:13-5; or
criminal trespass, N.J.S.2C:18-3.

���� 16. �(New section) �a. �The
Attorney General or any law enforcement officer may order the immediate
dispersal of a gathering that substantially impedes access to or departure from
an entrance or driveway to a reproductive health care facility during the
business hours of the facility.

���� (1)�� A dispersal order issued
pursuant to this subsection shall include the following statements:

���� (a)�� the gathering has
substantially impeded access to or departure from the facility;

���� (b)�� each member of the
gathering shall, under the penalty of arrest and prosecution, immediately
disperse and cease to stand or be located within at least 25 feet of an
entrance or a driveway to the facility; and

���� (c)�� the order shall remain
in place for eight hours or until the close of business of the facility on the
day the order is issued, whichever is sooner.

���� (2)�� A dispersal order shall
not issue under this subsection unless the 25-foot boundary identified in
paragraph (1) of this subsection is clearly marked.

���� b.��� Failure to comply with a
dispersal order issued pursuant to this section shall be a disorderly persons
offense.

���� c.���� For purposes of this
section:

���� (1)�� �driveway� means an
entry from a public street to a public or private parking area used by a
reproductive health care facility;

���� (2)�� �entrance� means a door
to a reproductive health care facility that directly abuts the public sidewalk;
provided, however, that if the door does not directly abut the public sidewalk,
the �entrance� shall be the point at which the public sidewalk intersects with
a pathway leading to the door;

���� (3)�� �gathering� means two or
more individuals; and

���� (4)�� �impede� means to
obstruct, block, detain, or render passage impossible, unsafe, or unreasonably
difficult.

���� 17.� (New section)� a.� A
person who, in violation of section 15 of P.L.��� , c.��� (C.��� ) (pending
before the Legislature as this bill), commits an act of interference with
another person�s reproductive health services shall be liable to that aggrieved
person, who may bring a civil action in the Superior Court.

���� b.��� The court may award:

���� (1)�� injunctive relief;

���� (2)�� compensatory damages,
but in an amount not less than liquidated damages computed at the rate of
$1,000 for each violation of P.L.��� , c.������� (C.������� ) (pending before
the Legislature as this bill);

���� (3)�� punitive damages upon
proof of willful or reckless disregard of the law;

���� (4)�� reasonable attorney�s
fees and other litigation costs reasonably incurred; and

���� (5)�� any other preliminary
and equitable relief as the court determines to be appropriate.

���� c.���� A conviction of a
violation of section 15 of P.L. , c. (C. ) (pending
before the Legislature as this bill) shall not be a prerequisite for a civil
action brought pursuant to this section.

���� d.��� A court may, in its
discretion, permit a person aggrieved by a violation of section 15 of P.L.� ���,
c.� ���(C. �����) (pending before the Legislature as this act) to use a
pseudonym in a civil action brought pursuant to the provisions of this section
when reasonably required to safeguard the health, safety, or privacy of the
person.

���� 18. �(New section) �The
Attorney General may bring a civil action to enjoin, on a temporary,
preliminary, or permanent basis, a violation of section 15 or 16 of P.L.��� ,
c.��� (C.��� ) (pending before the Legislature as this bill); for compensatory
damages to persons aggrieved by the violation; and for the assessment of a
civil penalty against each actor who violates section 15 or 16 of P.L. , c. (C. ) (pending
before the Legislature as this bill). The civil penalty imposed on each actor
shall not exceed $10,000 for a first violation, and shall not exceed $25,000
for a subsequent violation. In imposing civil penalties pursuant to this section,
the court shall consider a prior violation of the federal Freedom of Access to
Clinic Entrances Act of 1994, 18 U.S.C. s.248, or a prior violation of a
statute of another jurisdiction that would constitute a violation of the
federal Freedom of Access to Clinic Entrances Act of 1994, 18 U.S.C. s.248, to
be a prior violation of section 15 of P.L.��� , c.��� ��(C.� ����) (pending
before the Legislature as this bill).

���� 19. �a. �(New section)� There
is established in the General Fund a separate, non-lapsing fund to be known as
the �Reproductive Health Access Fund.�� The fund shall be credited with moneys
made available from an appropriation of $20,000,000 made pursuant to section 31
of P.L.�� , c.�� (C.������� ) (pending before the Legislature as this bill),
interest earnings, and any other money from any other source accepted for the
benefit of the fund.

���� b.��� The fund shall be used
for the following purposes:������������

���� (1)�� $5,000,000 shall be
appropriated for the �Abortion Care Clinical Training Program� established pursuant
to section 20 of P.L.��� , c.�� (C.���� ) (pending before the Legislature as
this bill);

���� (2) $5,000,000� shall be
appropriated for the �Reproductive Health Security Grant Program� established
pursuant to section 21 of P.L.��� , c.�� (C.������ ) (pending before the
Legislature as this bill); and

���� (3) $10,000,000 shall be
appropriated for the �Reproductive Health Care Facility Grant Program�
established pursuant to section 22 of P.L.��� , c.���� (C.������� ) (pending
before the Legislature as this bill).

���� c.���� Notwithstanding the
provisions of subsection b. of this section to the contrary, the State
Treasurer, in the State Treasurer�s discretion, may transfer any portion of the
amounts appropriated to the fund among the Division of Consumer Affairs in the
Department of Law and Public Safety, the Office of Homeland Security and
Preparedness, and the Health Care Facilities Financing Authority for the
purposes set forth in paragraphs (1), (2), and (3) of subsection b. of this
section.

���� 20. �a. �(New section)� There
is established in the Division of Consumer Affairs in the Department of Law and
Public Safety the �Abortion Care Clinical Training Program.�� The purpose of the
program shall be to protect access to abortion by ensuring that there are a
sufficient number of physicians to provide abortion care.� The division shall
contract with a coordinating organization to administer the program.� The
coordinating organization shall:

���� (1)�� have demonstrated
experience in coordinating health care training programs at community-based or
hospital-based provider sites;

���� (2)�� be in good standing in
any State or jurisdiction in which the organization is registered or
incorporated;

���� (3)�� submit an annual report
to the division on the performance of the program; and

���� (4)�� meet any other
requirements established by the division.

���� b.��� The coordinating
organization shall perform the following functions:

���� (1)�� administer grants to
develop and sustain abortion care training programs at a minimum of two
community-based provider sites;

���� (2) administer grants if
funding is available to:

���� (a) other community-based
sites;

���� (b) hospital-based provider
sites;

���� (c)�� continuing education
programs for physicians through professional associations or other clinical
education programs; and

���� (d)�� establish training
program requirements that are consistent with evidence-based training
standards, comply with applicable State law and regulations, focus on providing
culturally congruent care, and include implicit bias training;

���� (3)�� support abortion care
clinical training to physicians and to the clinical care teams of the physicians
to:

���� (a)�� expand the number of physicians
with abortion training; and

���� (b) increase the racial and
ethnic diversity among physicians� with abortion care training; and

���� (4) support the
identification, screening, and placement of physicians at training sites.

���� c. The program shall be funded
by the �Reproductive Health Access Fund� established pursuant to section 19 of P.L. , c.
(C. ) (pending
before the Legislature as this bill).�

���� 21. �(New section)� a. �There
is established the �Reproductive Health Security Grant Program� in the Office
of Homeland Security and Preparedness, which shall provide grants to eligible
reproductive health care facilities that provide reproductive health care
services and which the Director of the Office of Homeland Security and
Preparedness determines are at a high risk of being the target of unlawful
activity, including but not limited to, acts of violence, property damage,
vandalism, and harassment.� Grants provided under the program shall be used by
the grant recipient:

���� (1) to hire permanent or
temporary security personnel limited to federal, State, county, or municipal
law enforcement officers, special law enforcement officers appointed pursuant
to P.L.1985, c.439 (C.40A:14-146.8 et seq.), or security officers registered
pursuant to P.L.2004, c.134 (C.45:19A-1 et seq.); and

���� (2) for acquisition of
target-hardening equipment for the purpose of preparedness against threats,
attacks, and other violent acts.

���� b. The director shall
administer the Reproductive Health Security Grant Program.� There shall
annually be distributed to approved eligible health care facilities a maximum
grant of up to $10,000 per approved application for personnel and a maximum
grant of up to $50,000 for target-hardening equipment.� The director may adjust
these amounts based upon the final availability of funds, analytical trends,
and emerging threats.

���� c. An eligible health care
facility shall apply to the office to receive a grant under the program, for
either costs of security personnel or acquisition of target-hardening
equipment, or both; however, an applicant only may be awarded funds for either
personnel or for equipment in a fiscal year.� The office first shall evaluate
all applications as to whether the facilities are at high risk of terrorist
attack, threats, domestic extremism, and other violent acts.� The funds
distributed under the program shall be utilized solely for security investments
made within this State.� Funds shall not be utilized to support security needs
while traveling outside of this State.

���� Applicants may apply annually
for a disbursement of funds for costs of security personnel and may be awarded
grants in successive years.� The office shall assign a preference for
applicants who have not received a federal security grant that includes funding
for hiring security personnel in the previous two federal grant cycles.

���� Applicants may apply annually
for grant funds for acquisition of target-hardening equipment.� The office shall
assign a preference for applicants who have not received either a federal or
State security grant for target-hardening equipment in the previous two grant
cycles.

����
d. The
program shall be funded by the �Reproductive Health Access Fund� established
pursuant to section 19 of P.L. , c.
(C. ) (pending
before the Legislature as this bill).� The office also shall pursue and
develop, in conjunction with the Department of Law and Public Safety, the
United States Department of Homeland Security, and any other applicable State
or federal agency, any available federal, State, local, and private funding for
the grants authorized pursuant to this section.

���� e. Of the amount appropriated
to the program, five percent shall be allocated to the office to be used to
administer the program.

���� f. For purposes of this
section, �eligible reproductive health care facility� means a hospital, clinic,
office, or other site that provides, refers, or seeks to provide reproductive
health services.�

���� 22.� (New section)� There is
established the �Reproductive Health Care Facility Grant Program� in the Health
Care Facilities Financing Authority which shall award funding to eligible
reproductive health care facilities that provide reproductive health care
services. The authority, in consultation with the Commissioner of Health, may
award funding to a licensed health care facility or other health care facility
where licensed health care providers deliver reproductive health care services
if the commissioner determines that the grant is necessary to maintain access
to reproductive health care services or referral sources, as appropriate.�
Grants awarded pursuant to this section shall be used to support establishing
or renovating existing health care facilities, investments in technology to
facilitate care, the recruitment and retention of staff, and other operational
needs that increase abortion care. In determining whether to award a grant to a
licensed health care facility, the authority, in consultation with the
Commissioner of Health, shall consider whether, at a minimum, the following
factors are present:

���� (1) extraordinary
circumstances threaten access to reproductive health care services in a
community;

���� (2) persons in a community
will be without ready access to reproductive health care services in the
absence of the award of a grant;

���� (3) funding is unavailable
from other sources to preserve or provide reproductive health care services;

���� (4) a grant is likely to
stabilize access to the reproductive health care services; or

���� (5) there is a reasonable
likelihood that the reproductive health care services will be sustainable upon
the termination of the grant.

���� b. A licensed health care
facility or other health care facility where licensed health care providers
deliver reproductive health care services may apply for the funding made
available pursuant to this section by applying to the authority in a form and
manner determined by the authority. Applications shall include, at a minimum,
the prior two years of financial statements and utilization statistics along
with a two-year projection of utilization.

���� c. Notwithstanding the
provisions of the �Administrative Procedure Act,� P.L.1968, c.410 (C.52:14B-1
et seq.), to the contrary, the authority, in consultation with the Commissioner
of Health, may adopt, immediately upon filing with the Office of Administrative
Law, regulations that the authority, in consultation with the Commissioner of
Health, deem necessary to effectuate the purposes of this section, which
regulations shall be effective for a period not to exceed 18 months from the
date of the filing. The authority may thereafter amend, adopt, or readopt the
regulations in accordance with the requirements of P.L.1968, c.410

(C.52:14B-1 et seq.).

���� d. The program shall be funded
by the �Reproductive Health Access Fund� established pursuant to section 19 of
P.L.� ,

c.����� (C.��� ) (pending before the Legislature as this bill).

���� e.� Of the amount appropriated
to the program, five percent shall be allocated to the authority to be used to
administer the program.

���� f.� For purposes of this
section, �eligible reproductive health care facility� means a hospital, clinic,
office, or other site that provides, refers or seeks to provide reproductive
health services.

���� 23. �(New section)� a. �To
ensure the affordability of, and access to reproductive health care for, anyone
who seeks care in the State, regardless of their ability to pay for such care,
the Department of Health shall administer a program to award grants to health
care providers and non-profit entities to support the uncompensated costs
relating to the termination of a pregnancy for individuals who lack insurance
coverage, are underinsured, or whose insurance is deemed unusable by the
rendering provider.� The department also shall provide grants through the
program established by this section to non-profit entities providing practical
support to individuals traveling to New Jersey to access reproductive health
services.

���� b. The program established
pursuant to subsection a. of this section shall incorporate any existing
programs and funding streams that provide coverage or reimbursement for family
planning services.

���� c. The State Legislature shall
annually appropriate the amount necessary to pay the reasonable and necessary
expenses associated with the operation of the program established pursuant to
this section, which expenses shall be determined by the department
.

���� 24. �(New section)� The
Department of Health shall conduct a Statewide needs assessment to examine the
gaps in delivery of reproductive health services in the State, including the
impact that out-of-state restrictions have had on the need for reproductive
health services and the provider network in the State.� The department may
contract with any consultant or one or more public or private entities to
conduct the needs assessment required by this section.

���� 25. �(New section) a.
Notwithstanding any State law or regulation to the contrary, the Department of
Human Services shall ensure that expenses incurred for abortion services shall
be provided with no cost-sharing to persons served under the Medicaid program,
established pursuant to P.L.1968, c.413

(C.30:4D-1 et seq.).

���� b.��� Any copayment,
coinsurance, or deductible that may be required pursuant to the contract for
services covered pursuant to subsection a. of this section shall not apply.

���� c. �The department may take
any administrative action necessary to effectuate the provisions of this
section, including modifying or amending any applicable contract or
promulgating, amending, or repealing any guidance, guidelines, or rules, which
rules or amendments thereto shall be effective immediately upon filing with the
Office of Administrative Law for a period not to exceed 12 months, and may,
thereafter, be amended, adopted or readopted in accordance with the provisions
of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et
seq.).

���� 26.� Section 17 of P.L.2004,
c.17 (C.17:30D-22) is amended to read as follows:

���� 17.�
a.
�
Notwithstanding any other law or regulation to the contrary, an insurer
authorized to transact medical malpractice liability insurance in this State
shall not increase the premium of any medical malpractice liability insurance
policy based on a claim of medical negligence or malpractice against the
insured if the insured is dismissed from an action alleging medical malpractice
within 180 days of the filing of the last responsive pleading.

����
b.� An insurer authorized
to transact medical malpractice liability insurance in this State shall not
take any adverse action, including loss of coverage, sanctions, fines,
penalties, or rate increases, against an insured for providing or facilitating
an abortion or reproductive health care service based solely on the fact that
the patient receiving the service is a resident of a state where providing or
facilitating an abortion or reproductive health care service is illegal, or
based on a revocation of an insured�s license from another state or other
disciplinary action by another state that resulted from an insured�s providing,
authorizing, participating in, referring, or assisting in an abortion or any
other health care service for the purpose of the abortion, or any other
reproductive health care service, if the revocation or disciplinary action was
based solely on a violation of the other state�s law prohibiting the provision
of abortion or other reproductive health care service and related services in
the state or for a resident of the state or in any other state.

(cf: P.L.2004, c.17, s.17)

���� 27.� Section 8 of P.L.1978,
c.73 (C.45:1-21) is amended to read as follows:

���� 8.��� A board may refuse to
admit a person to an examination or may refuse to issue or may suspend or
revoke any certificate, registration or license issued by the board upon proof
that the applicant or holder of such certificate, registration or license:

���� a.���� Has obtained a
certificate, registration, license or authorization to sit for an examination,
as the case may be, through fraud, deception, or misrepresentation;

���� b.��� Has engaged in the use
or employment of dishonesty, fraud, deception, misrepresentation, false promise
or false pretense;

���� c.���� Has engaged in gross
negligence, gross malpractice or gross incompetence which damaged or endangered
the life, health, welfare, safety or property of any person;

���� d.��� Has engaged in repeated
acts of negligence, malpractice or incompetence;

���� e.���� Has engaged in
professional or occupational misconduct as may be determined by the board;

���� f.���� Has been convicted of,
or engaged in acts constituting, any crime or offense that has a direct or
substantial relationship to the activity regulated by the board or is of a
nature such that certification, registration or licensure of the person would
be inconsistent with the public's health, safety, or welfare, provided that the
board shall make this determination in a manner consistent with section 2 of
P.L.2021, c.81 (C.45:1-21.5).� For the purposes of this subsection a judgment
of conviction or a plea of guilty, non vult, nolo contendere or any other such
disposition of alleged criminal activity shall be deemed a conviction;

���� g.��� Has had his authority to
engage in the activity regulated by the board revoked or suspended by any other
state, agency or authority for reasons consistent with this section;

���� h.��� Has violated or failed
to comply with the provisions of any act or regulation administered by the
board;

���� i.���� Is incapable, for
medical or any other good cause, of discharging the functions of a licensee in
a manner consistent with the public's health, safety and welfare;

���� j.���� Has repeatedly failed
to submit completed applications, or parts of, or documentation submitted in
conjunction with, such applications, required to be filed with the Department
of Environmental Protection;

���� k.��� Has violated any
provision of P.L.1983, c.320 (C.17:33A-1 et seq.) or any insurance fraud
prevention law or act of another jurisdiction or has been adjudicated, in civil
or administrative proceedings, of a violation of P.L.1983, c.320 (C.17:33A-1 et
seq.) or has been subject to a final order, entered in civil or administrative
proceedings, that imposed civil penalties under that act against the applicant
or holder;

���� l.���� Is presently engaged in
drug or alcohol use that is likely to impair the ability to practice the
profession or occupation with reasonable skill and safety.� For purposes of
this subsection, the term "presently" means at this time or any time
within the previous 365 days;

���� m.�� Has prescribed or
dispensed controlled dangerous substances indiscriminately or without good
cause, or where the applicant or holder knew or should have known that the
substances were to be used for unauthorized consumption or distribution;

���� n.��� Has permitted an
unlicensed person or entity to perform an act for which a license or
certificate of registration or certification is required by the board, or aided
and abetted an unlicensed person or entity in performing such an act;

���� o.��� Advertised fraudulently
in any manner.

���� The division is authorized,
for purposes of facilitating determinations concerning licensure eligibility,
to require the fingerprinting of each applicant in accordance with applicable
State and federal laws, rules and regulations. Each applicant shall submit the
applicant's name, address, and written consent to the director for a criminal
history record background check to be performed.� The division is authorized to
receive criminal history record information from the State Bureau of
Identification in the Division of State Police and the Federal Bureau of
Investigation.� Upon receipt of such notification, the division shall forward
the information to the appropriate board which shall make a determination
regarding the issuance of licensure. The applicant shall bear the cost for the
criminal history record background check, including all costs of administering
and processing the check, unless otherwise provided for by an individual
enabling act.� The Division of State Police shall promptly notify the division
in the event an applicant or licensee, who was the subject of a criminal
history record background check pursuant to this section, is convicted of a
crime or offense in this State after the date the background check was
performed.

����
Notwithstanding the
provisions of any law, rule, or regulation to the contrary, a board shall not
refuse to admit a person to an examination and shall not suspend, revoke, or
refuse to renew any certificate, registration, or license issued by the board based
solely on the holder of the certificate, registration, or license providing,
authorizing, participating, referring for, or assisting �with any health care,
medical service, or procedure related to an abortion for a person who resides
in a jurisdiction where the provision, authorization, participation, referral,
or assistance would not be a basis for refusing to admit a person to an
examination or for suspending, revoking, or refusing to renew a certificate,
registration, or license in this State.
��

���� For purposes of this act:

���� "Completed
application" means the submission of all of the information designated on
the checklist, adopted pursuant to section 1 of P.L.1991, c.421 (C.13:1D-101),
for the class or category of permit for which application is made.

���� "Permit" has the
same meaning as defined in section 1 of P.L.1991, c.421 (C.13:1D-101).

(cf: P.L.2021, c.81, s.1)

���� 28. Section 9 of P.L.1978,
c.73 (C.45:1-22) is amended to read as follows:

���� 9.��� In addition or as an
alternative, as the case may be, to revoking, suspending or refusing to renew
any license, registration or certificate issued by it, a board may, after
affording an opportunity to be heard:

���� a.���� Issue a letter of
warning, reprimand, or censure with regard to any act, conduct or practice
which in the judgment of the board upon consideration of all relevant facts and
circumstances does not warrant the initiation of formal action;

���� b.��� Assess civil penalties
in accordance with this act;

���� c.���� Order that any person
violating any provision of an act or regulation administered by such board to
cease and desist from future violations thereof or to take such affirmative
corrective action as may be necessary with regard to any act or practice found
unlawful by the board;

���� d.��� Order any person found
to have violated any provision of an act or regulation administered by such
board to restore to any person aggrieved by an unlawful act or practice, any
moneys or property, real or personal, acquired by means of such act or practice;
provided, however, no board shall order restoration in a dollar amount greater
than those moneys received by a licensee or his agent or any other person
violating the act or regulation administered by the board;

���� e.���� Order any person, as a
condition for continued, reinstated or renewed licensure, to secure medical or
such other professional treatment as may be necessary to properly discharge
licensee functions;

���� f.���� Order any person, as a
condition for continued, reinstated or renewed licensure, to submit to any
medical or diagnostic testing and monitoring or psychological evaluation which
may be required to evaluate whether continued practice may jeopardize the safety
and welfare of the public;

���� g.��� Order any person, as a
condition for continued, reinstated or renewed licensure, to submit to an
assessment of skills to determine whether the licensee can continue to practice
with reasonable skill and safety, and to take and successfully complete educational
training determined by the board to be necessary;

���� h.��� Order any person, as a
condition for continued, reinstated or renewed licensure, to submit to an
assessment of skills to determine whether the licensee can continue to practice
with reasonable skill and safety, and to submit to any supervision, monitoring
or limitation on practice determined by the board to be necessary.

���� A board may, upon a duly
verified application of the Attorney General that either provides proof of a
conviction of a court of competent jurisdiction for a crime or offense
involving moral turpitude or relating adversely to the regulated profession or
occupation, or alleges an act or practice violating any provision of an act or
regulation administered by such board, enter a temporary order suspending or
limiting any license issued by the board pending plenary hearing on an
administrative complaint; provided, however, no such temporary order shall be
entered unless the application made to the board palpably demonstrates a clear
and imminent danger to the public health, safety and welfare and notice of such
application is given to the licensee affected by such order.� If, upon review
of the Attorney General's application, the board determines that, although no
palpable demonstration of a clear and imminent danger has been made, the
licensee's continued unrestricted practice pending plenary hearing may pose a risk
to the public health, safety and welfare, the board may order the licensee to
submit to medical or diagnostic testing and monitoring, or psychological
evaluation, or an assessment of skills to determine whether the licensee can
continue to practice with reasonable skill and safety.

���� In any administrative
proceeding commenced on a complaint alleging a violation of an act or
regulation administered by a board, such board may issue subpoenas to compel
the attendance of witnesses or the production of books, records, or documents
at the hearing on the complaint.

����
A board shall not impose
any additional or alternative penalties pursuant to this section on the holder
of a certificate, registration, or license based solely on the holder
providing, authorizing, participating, referring for, or assisting �with any
health care, medical service, or procedure related to an abortion for a person
who resides in a jurisdiction where the provision, authorization,
participation, referral, or assistance is illegal, if it would not be a basis
for additional or alternative penalties in this State.

(cf: P.L.2001, c.307, s.2)

���� 29. �The following sections
are repealed:

���� Sections 1 through 3 of
P.L.1997, c.262 (C.2A:65A-5 through C.2A:65A-7);

���� Sections 2 through 13 of
P.L.1999, c.145 (C.9:17A-1.1 through C.9:17A-1.12);

���� Sections 3, 4, and 5 of
P.L.2021, c.375 (C.26:2S-39,

C.52:14-17.29hh, and C.52:14-17.46.6q); and

���� Section 1 of P.L.1975, c.26
(C.30:4D-6.1).

���� 30.
(New
section) The Commissioners of Health, Human Services and Banking and Insurance
and the Directors of Homeland Security and Preparedness and the Division of
Consumer Affairs shall adopt rules and regulations, pursuant to the
�Administrative Procedure Act,� P.L.1968, c.410 (C.52:14B-1 et seq.), as may be
necessary to implement the provisions of P.L.��� , c.��� (C.������� ) (pending
before the Legislature as this bill).� Notwithstanding the provisions of the
"Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.),
to the contrary, the commissioners and directors may adopt, immediately upon
filing with the Office of Administrative Law, regulations that the
commissioners and directors deem necessary to effectuate the purposes of this
section, which regulations shall be effective for a period not to exceed 18
months from the date of the filing.� The commissioners and directors may
thereafter amend, adopt, or readopt the regulations in accordance with the
requirements of P.L.1968, c.410 (C.52:14B-1 et seq.).

���� 31.
�(New section)� There is appropriated from the General
Fund to the Reproductive Health Access Fund $20,000,000, subject to the
approval of the Director of Budget and Accounting, to carry out the purposes
and objectives of section 19 of P.L.��� , c.�� (C.����� �)
(pending before
the Legislature as this bill).

���� 32. �(New section)� The
provisions of P.L.��� , c.�� (C.����� �) (pending before the Legislature as
this bill) shall be deemed severable. If any provision of P.L.��� , c.��
(C.����� �) (pending before the Legislature as this bill), or any application
of any provision, is held invalid, the invalidity shall not affect other
applications of the provision, or other provisions of P.L.��� , c.�� (C.����� �)
(pending before the Legislature as this bill), that reasonably can be given
effect despite the invalidity.

���� 33. �This act shall take
effect immediately, except that sections 3 through 12 shall take effect on the
first day of the third month next following the date of enactment and shall
apply to all contracts, plans, and policies delivered, issued, executed, or
renewed on or after that date and the amendments made by section 2 of this act
to subsection b. of section 2 of P.L.2021, c.375 (C.10:7-2) shall take effect
on the 366th day next following the date of enactment.� The Department of
Banking and Insurance may take anticipatory administrative action, in advance
of the effective date specified for sections 3 through 12 of this act, as may
be necessary to implement those provisions.

STATEMENT

���� This bill implements various
measures to strengthen access to reproductive health care in the State.

����
Health Insurance
. The bill provides that any State program
that provides benefits for pregnancy-related care will also provide benefits
for the termination of pregnancy, and that health insurance coverage will also
include coverage for termination of pregnancy without a deductible,
coinsurance, copayment, or any other cost-sharing requirement. Under the bill,
upon request of a religious employer, a health insurer will grant an exclusion
if the coverage conflicts with the religious employer�s bona fide religious
beliefs and practices. ����������

����
Other States� Civil Actions
. The bill declares that a law of
another state that authorizes a person to bring a civil action against a person
or entity for undertaking any of the following conduct is contrary to the
public policy of this State:

���� (1) receiving or seeking an
abortion;

���� (2) performing or inducing an
abortion;

���� (3) knowingly engaging in
conduct that aids or abets the performance, receipt, or inducement of an
abortion; or

���� (4) attempting or intending to
engage in the conduct described above.

���� This provision of the bill
will not apply to an action founded in tort, contract, or statute under the
laws of this State, or an action founded in tort, contract, or statute under
the laws of another state and for which a similar claim would exist under the
laws of this State, including, but not limited to, an alleged act of
malpractice or negligence by a person related to the person�s profession or
occupation.

����
Crime: Interference with Reproductive Health Services.
� The
bill creates the new crime of �interference with reproductive health services.�
Among other provisions, a person is guilty of the crime if the person purposely
or knowingly, with purpose to unlawfully restrict another�s access to or
receipt or provision of reproductive health services or to intimidate the
person from becoming or remaining a reproductive health services patient,
provider, volunteer, or assistant: (1) inflicts or attempts to inflict bodily
injury; (2)� obstructs any person seeking to enter into or exit from a
reproductive health services facility or place of religious worship; (3)
intimidates, threatens or coerces, or attempts to intimidate, threaten, or
coerce, any person or entity because that person or entity is a reproductive
health services patient, provider, volunteer, or assistant; (4) damages,
defaces, or destroys the property of a person, entity, or facility, or attempts
to do so, because the person, entity, or facility is a reproductive health
services patient, provider, assistant, volunteer, or facility; (5) videotapes,
films, photographs, or records by electronic means, within 100 feet of the
entrance to a reproductive health services facility, a patient, provider,
volunteer, or assistant without that person�s consent, with purpose to
intimidate the person from becoming or remaining a reproductive health services
patient, provider, volunteer, or assistant; or (6) discloses or distributes a
videotape, film, photograph, or recording of the person with purpose to
intimidate the person from becoming or remaining a reproductive health services
patient, provider, volunteer, or assistant.

���� �Interference with
reproductive health services is a crime of the fourth degree, but is a crime of
the second degree if the victim suffers significant bodily injury or serious
bodily injury. A crime of the fourth degree is punishable by a term of imprisonment
of up to 18 months, a fine of up to $10,000, or both; a crime of the second
degree, by a term of five to 10 years, a fine of up to $150,000, or both.�

����
Dispersal of Gatherings.
The bill authorizes the Attorney
General or any law enforcement officer to order the immediate dispersal of a
gathering that substantially impedes access to or departure from an entrance or
driveway to a reproductive health care facility during the business hours of
the facility. Failure to comply with a dispersal order is a disorderly persons
offense.� A disorderly persons offense is punishable by a term of imprisonment
of up to six months, a fine of up to $1,000, or both.

����
Civil Action: Interference with Reproductive Health Services.

���� The bill also authorizes a
person to bring a civil action against a person who unlawfully interferes with
another person�s reproductive health services.� The court may award injunctive
relief; compensatory damages in an amount not less than liquidated damages
computed at the rate of $1,000 for each violation;� punitive damages upon proof
of willful or reckless disregard of the law;� reasonable attorney�s fees and
other litigation costs; and other preliminary and equitable relief as the court
determines to be appropriate.

���� Under the bill, the Attorney
General may bring a civil action to enjoin a violation of the law, for
compensatory damages, and for the assessment of a civil penalty against each person
who violates the law. The civil penalty imposed will be up to, but not
exceeding, $10,000 for a first violation, and $25,000 for any subsequent
violation.

����
Reproductive Health Access Fund.
The bill creates the
�Reproductive Health Access Fund,� which will be credited with moneys from an
appropriation of $20 million made pursuant to the bill, interest, and any money
from any other source. The fund will be used for the following purposes, established
pursuant to the bill:�������

���� (1) $5 million� will be
appropriated for the �Abortion Care Clinical Training Program�; (2) $5 million�
for the �Reproductive Health Security Grant Program�; and (3) $10 million for
the �Reproductive Health Care Facility Grant Program�.

���� The �Abortion Care Clinical
Training Program� will provide grants to develop and sustain abortion care
training programs; continuing education programs for physicians through
professional associations or other clinical education programs; and establish
training program requirements that are consistent with evidence-based training
standards, comply with applicable State law and regulations, and focus on providing
culturally congruent care and include implicit bias training.���������

���� The �Reproductive Health
Security Grant Program� in the Office of Homeland Security and Preparedness
will provide grants to eligible reproductive health care facilities which the
Director of the Office of Homeland Security and Preparedness determines are at
a high risk of being the target of unlawful activity, including acts of
violence, property damage, vandalism, and harassment.� Grants provided under
the program will be used to hire security personnel and target-hardening
equipment.

���� The �Reproductive Health
Facility Grant Program� will be used to support establishing or renovating
existing health care facilities, investments in technology to facilitate care,
the recruitment and retention of staff, and other operational needs that increase
abortion care.

����
Needs Assessment.
The bill requires the Department of Health
to conduct a Statewide needs assessment to examine the gaps in delivery of
reproductive health services in the State, including the impact that out-of-State
restrictions have had on the need for reproductive health services and the
provider network in the State.�

����
Medicaid Coverage.
Under the bill, the Department of Human
Services will ensure that expenses incurred for abortion services will be
provided with no cost-sharing to persons served under the Medicaid program.

����
Medical Malpractice Insurers.
The bill bars medical
malpractice insurers from taking any adverse action, including loss of
coverage, sanctions, fines, penalties, or rate increases, against an insured
for providing or facilitating an abortion or reproductive health care service
based solely on the fact that the patient receiving the service is a resident
of a state where providing or facilitating an abortion or reproductive health
care service is illegal.

����
Licensing Boards.
Finally, the bill provides that a
licensing board cannot refuse to admit a person to an examination and cannot suspend,
revoke, or refuse to renew any certificate, registration, or license based
solely on grounds that the applicant or the holder of the certificate,
registration, or license provided, authorized, participated in, referred for,
or assisted with any health care, medical service, or procedure related to an
abortion for a person who resides in a jurisdiction where these acts are
illegal, if the acts would not be a basis for these sanctions in this State.

����
Repealers.
The bill repeals the following statutes, which
have either been obviated by court decisions or would be obviated by this bill:

���� -- N.J.S.A.2A:65A-5 through N.J.S.A.2A:65A-7
(banned partial birth abortions);

���� -- N.J.S.A.9:17A-1.1 through
N.J.S.A.9:17A-1.12 (required parental notification for minors� abortions);

���� -- N.J.S.A.26:2S-39,
N.J.S.A.52:14-17.29hh, and N.J.S.A.52:14-17.46.6q (exempted religious employers
from possible requirement that health insurance issued in the State include
abortion coverage); and

���� -- N.J.S.A.30:4D-6.1 (barred
Medicaid payment for abortion except where necessary to save the woman�s life).