AMENDMENT FOR PRINTED BILL
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___________________ moved that HB 1150 be amended as follows:


    On the printed bill, delete everything after the enacting clause and insert:

    "    Section 1. Terms used in this Act mean:

            (1)    "Abortion," as defined in § 34-23A-1;

            (2)    "Abortion facility," as defined in § 34-23A-1A;

            (3)    "Client," any person who is inquiring about or seeking services at an abortion facility;

            (4)    "Health information," any oral or written information in any form or medium that relates to the physical or mental health or condition of a client and any information in any form that relates to a client's health insurance;

            (5)    "Prenatal care," any physical examination, pelvic examination, or clinical laboratory service that is provided to a woman during pregnancy.

    Section 2. No abortion facility may make or disseminate any advertisement in any medium, including in a newspaper, magazine, pamphlet, or the internet, that contains a statement or an omission of material fact related to the services that it offers or intends to offer to clients that is untrue or misleading and that the abortion facility knew or should have known to be untrue or misleading at the time the advertisement was created, published, or republished.

    Section 3. No abortion facility may make or disseminate any misleading or untrue statement concerning the services that it offers or intends to offer to clients as part of a design not to perform services that the abortion facility advertises that it offers, explicitly or by implication.

    Section 4. If the attorney general or any state's attorney has reason to believe that an abortion facility has violated section 2 or 3 of this Act, the attorney general or state's attorney may bring an action in the name of the state against the abortion facility for injunctive relief to restrain the violation.

    Section 5. Before an action may be commenced pursuant to section 4 of this Act, the attorney general or state's attorney shall notify the abortion facility, in writing, of the alleged violation. The notice shall specifically identify the alleged violation, including a description of the untrue information or omission of material fact, and provide the abortion facility ten days in which to cure the violation. If the abortion facility fails to cure the violation within ten days, as determined by the attorney general or state's attorney, the attorney general or state's attorney may commence an action for relief.

    Section 6. If a court finds that an abortion facility has violated this Act, the court may issue an injunction that requires any of the following:

            (1)    That the abortion facility pay for and disseminate corrective advertising in the same form

as the advertisement that is the basis of the violation;

            (2)    That the abortion facility post a notice on its premises, in a location that is readily visible to clients in any waiting area or in each examination room that states whether there is a licensed physician on staff at the abortion facility and whether abortions, emergency contraception, or referrals for abortions or emergency contraception are available at the abortion facility; and

            (3)    Any other narrowly tailored relief that the court considers necessary to remedy the adverse effects of the false, misleading, or deceptive advertising toward women seeking pregnancy-related services."