SENATE BILL 225

50th legislature - STATE OF NEW MEXICO - first session, 2011

INTRODUCED BY

William E. Sharer

AN ACT

RELATING TO HEALTH CARE; PROHIBITING ABORTION CLINIC STAFF FROM INTENTIONALLY AND REPEATEDLY CONTACTING PERSONS AGAINST THOSE PERSONS' WISHES AND WITHOUT REASONABLE JUSTIFICATION; PROVIDING FOR A PENALTY.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. ABORTION CLINIC STAFF--UNLAWFUL CONTACT--PENALTY.--

          A. It is unlawful for a licensed health care professional who performs abortions, or an employee or agent of a health facility that performs abortions, to intentionally and repeatedly contact a person against the person's wishes and without reasonable justification relating to:

                (1) the physical or behavioral health care of that person;

                (2) the physical or behavioral health care of that person's immediate family member; or

                (3) collection of payment for services.

          B. Any offense set forth in Subsection A of this section committed by use of a telephone or electronic communication shall be deemed to have been committed at either the place where a telephone call or electronic communication originated or at the place where the telephone call or electronic communication was received.

          C. A person who violates this section is guilty of a misdemeanor.

          D. For the purposes of this section:

                (1) "health facility that performs abortions" means a health facility that operates substantially for the purpose of performing abortions or a subdivision of a health facility that operates substantially for the purpose of performing abortions, regardless of whether that health facility or subdivision of a health facility is a separate identifiable legal entity from any other health care facility; and

                (2) "immediate family member" means a husband, wife, father, stepfather, mother, stepmother, brother, stepbrother, sister, stepsister, son, stepson, daughter, stepdaughter, grandson, stepgrandson, granddaughter, stepgranddaughter, nephew and niece, whether related by natural birth or adoption.

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