1267-S2 AMH MILO PFUN 046

2SHB 1267 - H AMD 190

By Representative Miloscia

WITHDRAWN 02/28/2011

    On page 2, at the beginning of line 30, strike "services" and insert "delivery of a child under a surrogacy contract"

    On page 36, after line 17, insert the following:

    "NEW SECTION. Sec. 55. (1) A fertility clinic shall make the following disclosures to a person seeking services:

    (a) That the clinic does not provide abortion or comprehensive birth control services;

    (b) That the clinic does not provide referrals to individuals or organizations that provide abortion or comprehensive birth control services; and

    (c) That the clinic does not provide medical care for pregnant women.

    (2) The disclosure required by subsection (1) of this section must be provided as follows:

    (a) Orally, in such a manner as to be reasonably understandable to the person seeking services, upon first communication or first contact with a person seeking services, whether by telephone, electronic communication, or in person; and

    (b) In writing, as follows:

    (i) In at least all primary languages, posted (A) on the main entry door of the organization prominently, clearly, and conspicuously and (B) inside the building housing the organization in such a manner as to be clearly visible from the area at which the organization conducts intakes;

    (ii) In at least all primary languages, clearly and conspicuously on the home page of the organization's web site, in the primary font size used on the web site; and

    (iii) In any advertisement or notice promoting the clinic's services.

    (3) A fertility clinic shall, before providing any pregnancy test that uses an over-the-counter product:

    (a) Inform the person seeking to be tested, in such a manner as to be reasonably understandable to the person seeking services, that the pregnancy test is an over-the-counter product; and

    (b) Offer the person seeking to be tested the opportunity to self-administer.

NEW SECTION. Sec. 56. (1)(a) A fertility clinic violating this chapter may be enjoined from continuing the violation. Any person aggrieved by a violation of this chapter may bring an action to enjoin the violation in the superior court in the county where such violation is alleged to have occurred. The superior court shall have authority to grant temporary, preliminary, and permanent injunctive relief to enjoin violations of this chapter. Due to the nature of the harm involved, injunctive relief may be issued without bond in the discretion of the court, notwithstanding any other requirement imposed by statute.

    (b) Injunctive relief pursuant to this section shall be granted upon proof of a violation by a preponderance of the evidence

    (2)(a) Any person who is aggrieved by a second or subsequent violation of this chapter alleged to have been committed by a fertility clinic subject to an injunction under this chapter may seek enforcement of the injunction in the superior court at least thirty days after issuance of such injunction, whether or not the injunction is being appealed. A party seeking to enforce the injunction shall prevail upon proof of a violation by a preponderance of the evidence.

    (b) If a second or subsequent violation is proved, the superior courts of this state shall have authority to impose appropriate remedies for violation of the injunction as permitted by law and shall impose a civil penalty of up to one thousand dollars per violation. The superior court may also award the party seeking to enforce the injunction the costs of the suit, including reasonable attorneys' fees.

    (3) The remedies provided by this chapter are cumulative, not exclusive. This chapter may not be construed to limit the right to seek other available civil or criminal remedies."

    Renumber the remaining sections consecutively and correct any internal references accordingly. Correct the title.

    On page 47, line 7, after "through" strike "66" and insert "68"

EFFECT:   Requires fertility clinics to disclose orally and in writing information relating to abortion or comprehensive birth control services, including that the clinic does not perform or provide referrals for those services, does not provide medical care for pregnant women, and uses over-the-counter products when performing pregnancy tests. Allows the courts to grant temporary, preliminary, and permanent injunctive relief to enjoin fertility clinics from violating the provisions in chapter 26.26 RCW relating to fertility clinics.  

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