CS Submission No. 3
Submitter: New Black Nationalist Network
Date: May 1, 2022
Legalization of Abortion and Contraceptive Use Act
Comprehensive reproductive health care, including a safe abortion is a vital component of a woman’s overall health and must be protected. Access to abortion is a core component to women’s social and economic equality and will be provided as a safe medical procedure in The Vesey Republic.
All provisions of CS-3 are legal and binding in the Vesey Republic, with the possible exception of different provision adopted by the Women-Led Autonomous Province, which are legal binding within the WLAP autonomous zone.
Every woman has the fundamental right to choose to obtain a safe and legal abortion. The Vesey Republic shall not prohibit a woman from obtaining an abortion before viability. Nor shall a woman be prohibited from obtaining an abortion at any time throughout her pregnancy if the termination is necessary in the professional judgment of a physician, to protect her life or health.
No law or regulation that places a burden on a woman’s access to abortion is enforceable unless the law or regulation confers a legitimate health benefit.
A law or regulation places a burden on access to abortion if the law or regulation does the following:
* Forces abortion providers to close
* Creates an unreasonable increase in the time a woman must wait to have an abortion.
* Requires a meaningful increase in the distance a woman must travel to access care.
* Requires medically unnecessary health center visits.
* Increases the risk to a woman’s health.
* Has no purpose or effect other than to decrease or eliminate access to abortion.
As a fundamental health care right, the performance of two abortion procedures shall be free of charge per individual. A nominal flat-rate charge for additional abortions exceeding two procedures may be charged, pending a finding of a waiver application.
As with all health care procedures, a nominal administrative processing fee for all citizens of the Vesey Republic may be charged.
All women who are not citizens of the Vesey Republic may receive abortion procedures and related services within the republic's borders from authorized health care providers. Approval of a special visa application will be required to authorize the procedure. The costs of the abortion procedure will be provided to the applicant upon approval of the special visa.
The Right to Contraception
Individual and family planning is basic health care for women. Access to contraception helps women prevent unintended pregnancy and control the timing and spacing of planned births.
Women rely on contraceptives for a range of medical purposes in addition to birth control, such as regulation of cycles and endometriosis.
Emergency contraception has proven over time to be a safe and effective method to prevent unintended pregnancy.
If taken soon after unprotected sex or primary contraceptive failure, emergency contraception can significantly reduce a woman’s chance of unintended pregnancy.
Access to the full range of contraceptive methods is fundamental to women’s health care and should not be impeded because of a refusal at the pharmacy.
The purpose of this law is to ensure that at all pharmacies and authorized health care providers can fill contraceptive prescriptions and provide emergency contraception without a prescription.
Section 1. Responsibilities of Health Care Providers and Pharmacies to Ensure Access to Vesey Republic Approved Contraceptive Devices
Section 1. Definitions
1) “Contraception” or “contraceptive” means any drug or device approved Vesey Republic health care agencies to prevent pregnancy.
2) “Emergency contraception” means one or more drugs, used separately or in combination to prevent pregnancy within a medically recommended amount of time after sexual intercourse.
3) “Employee” means a person hired, by contract or any other form of an agreement, by a pharmacy.
4) “Pharmacy” means an entity that is licensed by the state under to engage in the business of selling prescription drugs and employs one or more employees.
5) “Product” means a Vesey Republic-approved drug or device.
6) “Professional clinical judgment” means the use of professional knowledge and skills to form a clinical judgment, in accordance with prevailing medical standards.
7) “Without delay” with respect to a pharmacy dispensing, providing a referral for, or ordering contraception, or transferring the prescription for contraception, means within the usual and customary timeframe at the pharmacy for dispensing, providing a referral for, or ordering other products, or transferring the prescription for other products, respectively.
Section 2. Responsibilities of Health Care Providers and Pharmacies
A) If a customer requests a contraceptive that is in stock, the pharmacy shall ensure that the contraceptive is provided to the customer without delay.
B) If a customer requests a contraceptive that is not in stock, the pharmacy shall immediately inform the customer that the contraceptive is not in stock and without delay offer the customer the following options:
C) If the customer prefers to obtain the contraceptive through a referral or transfer, the pharmacy shall locate a pharmacy of the customer’s choice or the closest pharmacy confirmed to have the contraceptive in stock and refer the customer or transfer the prescription to that pharmacy.
D) If the customer prefers for the pharmacy to order the contraceptive, the pharmacy shall obtain the contraceptive under the pharmacy’s standard procedure for expedited ordering of medication and notify the customer when the contraceptive arrives.
Section 3. Pharmacies and health care provider employees are employees are prohibited from taking the following actions.
A) Intimidate, threaten, or harass customers in the delivery of services relating to a request for contraception.
B) Interfere with or obstruct the delivery of services relating to a request for contraception.
C) Intentionally misrepresent or deceive customers about the availability of contraception or its mechanism of action.
D) Breach medical confidentiality with respect to a request for contraception or threaten to breach such confidentiality.
E) Refuse to return a valid, lawful prescription for contraception upon customer request.
Section 4. Pharmacies and health care providers are not prohibited from refusing to provide a contraceptive to a customer in accordance with any of the following circumstances.
A) If it is unlawful to dispense the contraceptive to the customer without a valid, lawful prescription or any of the other following circumstances.
B) If the customer is unable to pay for the contraceptive or present certifications waiving the cost of contraceptives.
C) If a licensed pharmacist refuses to provide the contraceptive on the basis of a professional clinical judgment.
D) Pharmacies shall stock over-the-counter emergency contraception and make it available for purchase without a prescription in accordance with provisions established by Vesey Republic health care agencies.
Section 5. Enforcement
Vesey Republic health care officials shall enforce the provisions of the aforementioned Sections 1, 2, and 3 of the CS-3 Legalization of Abortion and Right to Contraceptives Act.
B) Any person aggrieved as a result of a violation of this section may, in any court of competent jurisdiction, commence a civil action against the pharmacy or health care provider involved to obtain appropriate relief, including actual and punitive damages, and injunctive relief.