An Ordinance has been received from Diane P. LeBlanc City Clerk, relative to Banning Limited Services Pregnancy Centers - Ordinance #2022-16 PASSED TO A SECOND READING IN COUNCIL DECEMBER 19, 2022 TO BE ORDAINED ON OR AFTER JANUARY 9, 2023

City of Cambridge ORD 2022 # 16 IN CITY COUNCIL December 19, 2022 That Chapter 5 of the Cambridge Municipal Code be amended by inserting the following section: 5.60 - Crisis Pregnancy Centers 5.60.010 - Purpose (1) It is the intent of this Ordinance to allow crisis pregnancy centers operating in compliance with this Ordinance to counsel against abortion and/or emergency contraception. It is not the intent of this Ordinance to regulate, curtail, or limit such advocacy. (2) After carefully balancing Massachusetts’s constitutional protection of the right of an individual to terminate a pregnancy or use emergency contraception, the right of individuals to express their religious and ethical beliefs about abortion and/or emergency contraception, and the harm to an individual resulting from delays caused by deceptive practices that falsely advertise to pregnant clients abortion services or referrals and unbiased counseling, the City of Cambridge has determined that there exists a need to regulate deceptive advertising practices by crisis pregnancy centers. (3) The Commonwealth of Massachusetts has not enacted a specific statute regulating deceptive advertising practices by crisis pregnancy centers. Therefore, there is no conflict between this Ordinance and state law. 5.60.020 - Definitions The following definitions shall apply to this article: (1) Abortion means the termination of a pregnancy for purposes other than producing a live birth. “Abortion” includes, but is not limited to, a termination of a pregnancy using pharmacological agents. (2) Client means an individual who is inquiring about or seeking pregnancy-related services at a pregnancy services center. (3) Clinical laboratory services means the microbiological, serological, chemical, hematological, biophysical, cytological or pathological examination of materials derived from the human body for the purpose of obtaining information for the diagnosis, prevention or treatment of disease or the assessment of a health condition.

(4) Comprehensive reproductive healthcare services include the following services and/or counseling about these services: birth control, emergency contraception, pregnancy, testing, pregnancy options counseling, pregnancy and infertility services, abortion, breast cancer screening, PAP and HPV tests, HPV vaccination, diagnosis and treatment of period related issues, diagnosis and treatment of yeast infection or urinary tract infection issues, STD testing, and HIV testing and PrEP. (5) Crisis pregnancy center means a pregnancy services center that does not provide comprehensive reproductive healthcare services because it does not directly provide, or provide referrals for, abortions or emergency contraception. (6) Deceptive advertising practice means any statement, including but not limited to false and misleading advertising, with a tendency to deceive that could cause an individual to act differently than they would have acted and is used to solicit patronage of a crisis pregnancy center. (7) Emergency contraception means one or more prescription drugs: a) used separately or in combination for the purpose of preventing pregnancy; b) administered to or self- administered by a patient within a medically recommended amount of time after sexual intercourse; c) dispensed for such purpose in accordance with professional standards of practice; and d) determined by the United States Food and Drug Administration to be safe for such purpose. (8) Health information means any oral or written information in any form or medium that relates to health insurance or the past, present, or future physical or mental health or condition of a client. Licensed health care provider means a person licensed under the provisions of federal or state law to provide health care or other medical services. (9) Pregnancy-related service means any medical or health counseling service related to pregnancy or pregnancy prevention, including, but not limited to, contraception and contraceptive counseling, pregnancy testing, pregnancy diagnosis, pregnancy options counseling, obstetric ultrasound, obstetric sonogram, and prenatal care. (10) Pregnancy services center means a facility, including a mobile facility, the primary purpose of which is to provide services to clients who are or have reason to believe they may be pregnant and that either: a) offers obstetric ultrasounds, obstetric sonograms, pregnancy testing or diagnosis or prenatal care to pregnant clients, or; b) has the appearance of a medical facility by virtue of having two or more of the following factors present: (i) Staff or volunteers who wear medical attire and uniforms; (ii) one or more examination tables; (iii) a private or semiprivate room or area containing medical supplies or medical instruments; (iv) staff or volunteers who collect health information from clients; or (v) the facility is located on the same premises as a licensed health care facility or licensed health care provider or shares facility space with a licensed health care provider. (11) Prenatal care means services consisting of a physical examination, pelvic examination or clinical laboratory services provided to a client during pregnancy. (12) Reproductive healthcare clinic means a facility that provides comprehensive reproductive healthcare services. 5.60.030 - Deceptive Advertising Practices.

No Crisis Pregnancy Center, with the intent to perform a Pregnancy-related Service, shall make or disseminate before the public, or cause to be made or disseminated before the public, in any newspaper or other publication, through any advertising device, or in any other manner, including, but not limited to, through use of the Internet, any statement concerning any Pregnancy-related Service and/or Comprehensive Reproductive Healthcare Service or the provision of any Pregnancy-related Service and/or Comprehensive Reproductive Healthcare Service that is a Deceptive Advertising Practice, whether by statement or omission, and that a Crisis Pregnancy Center knows or reasonably should know to be a Deceptive Advertising Practice. 5.60.0 - Enforcement. (1) Any violation of this Ordinance shall be subject to a fine of up to $300.00 for each violation. Each day a violation exists shall constitute a separate violation. (2) Fines pursuant to this Ordinance may be issued pursuant to the non-criminal ticketing procedure in G.L. c. 40, § 21D. The License Commission shall be the enforcement officials for this Ordinance. (3) Whenever any Crisis Pregnancy Center submits an application to the City Clerk’s Office for a business certificate and/or operates a location in the City of Cambridge and, in connection with such use or proposed use, engages in a Deceptive Advertising Practice that interferes or will interfere with the exercise or enjoyment of Massachusetts’s constitutional protection of the right of an individual to terminate a pregnancy or use emergency contraception, then the City of Cambridge may bring a civil action for injunctive or other appropriate equitable relief. Said civil action shall be brought in the name of the City of Cambridge and shall be instituted in Middlesex Superior Court. 5.60.050 - Severability. The provisions of this Ordinance are severable, and if any part of this Ordinance should be held invalid by a court of competent jurisdiction, such invalidity shall not affect the remainder of the Ordinance, and the remainder of the Ordinance shall remain in full force and effect.