Vote Smart's Synopsis:

Vote to pass a bill that establishes protections for reproductive and gender-affirming healthcare in New Jersey.

Highlights:

• Establishes the Legislature’s finding that all citizens of New Jersey, as well as those who travel to the state for health care services, deserve safe access to health care facilities that provide reproductive health and gender-affirming care services (Sec. 1).

• Prohibits any board from imposing any additional or alternative penalties on the holder of a certificate, registration, or license based solely on providing any health care, medical service, or procedure related to an abortion or gender-affirming health care services for a person who resides in a jurisdiction where abortion and gender affirming healthcare is illegal (Sec. 3).

• Defines “gender-affirming health care services" as 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 and gender incongruence (Sec. 4).

• Defines “legally protected health care activity” as providing, seeking, receiving, assisting with, or inquiring about reproductive health care services or gender-affirming health care services that are lawful in New Jersey, regardless of the patient’s location (Sec. 4-5).

• Prohibits the sharing of certain information regarding an inquiry about gender-affirming health care services (Sec. 6).

• Prohibits the laws of any other state that authorize prosecution or other methods to deter or punish an individual engaging or aiding in any legally protected health care activity from being applied to any case in New Jersey (Sec. 7).

• Prohibits individuals from interfering with reproductive or gender affirming care by knowingly (Sec. 8):

• Inflicting or attempting to inflict bodily injury with the intent to restrict another’s access to reproductive or gender affirming health care services;

• Physically obstructing any person seeking to enter a reproductive or gender-affirming health care service facility;

• Intimidating, threatening, or coercing any individual accessing reproductive or gender-affirming health care services;

• Damaging, defacing, or destroying the property of a reproductive or gender-affirming health care facility, patient, provider, assistant, or volunteer;

• Recording or photographing within 100 feet of or within a reproductive or gender-affirming health care service facility with the purpose of intimidating an individual accessing these healthcare services; or

• Disclosing or distributing a photograph or recording of an individual with the purpose of intimidating them from becoming or remaining a reproductive or gender-affirming health care services patient, provider, volunteer, or assistant (Sec. 8).

• Classifies the interference with reproductive or gender-affirming health care services as a crime of the fourth degree (Sec. 8).

• Authorizes any law enforcement officer to order the immediate dispersal of a gathering that impedes access to or departure from a reproductive or gender-affirming health care services facility during the business hours of the facility (Sec. 9).

• Authorizes civil action against an individual who commits an act of interference with another person’s access to reproductive or gender-affirming health care service (Sec. 9).

• Authorizes the court to award the following in civil actions brought according to this Act (Sec. 10):

• Injunctive relief;

• Compensatory damages 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 incurred; and

• Any other preliminary and equitable relief as the court determines.

• Authorizes the court to permit an aggrieved person to use a pseudonym in a civil action when reasonably required to safeguard the health, safety, or privacy of the person (Sec. 10).

• Specifies that the civil penalty may include a fine of up to $10,000 for a first violation and up to $25,000 for any subsequent violation for each actor (Sec. 11).

• Requires the Commissioners of Health and Human Services to adopt rules and regulations to implement the provisions of this Act (Sec. 13).

• Prohibits a fertilized egg, embryo, or fetus from having independent rights under the laws of the state of New Jersey (Sec. 17).

• Specifies that this Act takes effect immediately upon passage (Sec. 18).

Full Bill Text