SB 365

This bill establishes that a person has a statutory right to obtain contraceptives

and to engage in contraception and, further, that a health care provider has a

corresponding right to provide contraceptives, contraception, and

contraception-related information. Under the bill, these rights may not be limited

or otherwise infringed through any limitation or requirement that 1) expressly,

effectively, implicitly, or as implemented singles out the provision of contraceptives,

contraception, or contraception-related information; health care providers who

provide contraceptives, contraception, or contraception-related information; or

facilities in which contraceptives, contraception, or contraception-related

information is provided; and 2) impedes access to contraceptives, contraception, or

contraception-related information. The bill provides that a party may defend

against a claim that a limitation or requirement violates the rights established under

the bill by establishing, by clear and convincing evidence, both that the limitation or

requirement significantly advances the safety of contraceptives, contraception, and

contraception-related information and that the safety of contraceptives,

contraception, and contraception-related information or the health of patients

cannot be advanced by a less restrictive alternative measure or action.

The bill specifically provides that neither the state nor any political subdivision

of the state may administer, implement, or enforce any law, rule, regulation,

standard, or other provision having the force and effect of law in a manner that 1)

prohibits or restricts the sale, provision, or use of any contraceptives that have been

approved by the federal Food and Drug Administration (FDA) for contraceptive

purposes; 2) prohibits or restricts any person from aiding another person in

obtaining any contraceptives approved by the FDA or contraceptive methods; or 3)

exempts any contraceptives approved by the FDA from any other generally

applicable law in a way that would make it more difficult to sell, provide, obtain, or

use those contraceptives or contraceptive methods. The bill allows the attorney

general on behalf of the state or any individual or entity, including any health care

provider or patient, to bring a cause of action for a violation of the provisions of the

bill.