ASSEMBLY, No. 4667

STATE OF NEW JERSEY

221st LEGISLATURE

INTRODUCED JUNE 28, 2024

Sponsored by:

Assemblyman  MICHAEL VENEZIA

District 34 (Essex)

Co-Sponsored by:

Assemblywoman Morales

SYNOPSIS

     Establishes the "New Jersey Health Care and Privacy Protection Act"; bars disclosure of certain geolocation data.

CURRENT VERSION OF TEXT

     As introduced.

An Act concerning reproductive health care services and amending and supplementing various parts of the statutory law.

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

     1.    (New section)  This act shall be known as and may be cited as the "New Jersey Health Care and Privacy Protection Act."

     2.    (New section)  As used in P.L.    , c.     (C.        ) (pending before the Legislature as this bill):

     "Gender-affirming health care services" means all supplies, care, and services of a medical, behavioral health, mental health, surgical, psychiatric, therapeutic, diagnostic, preventative, rehabilitative, or supportive nature, including medication, relating to the treatment of gender dysphoria and gender incongruence.  "Gender-affirming health care services" shall not include sexual orientation change efforts as defined by section 2 of P.L.2013, c.150 (C.45:1-55).

     "Legally protected health care activity" means providing, seeking, receiving, assisting with, or inquiring about reproductive health care services or gender-affirming health care services that are lawful in the State of New Jersey.

      "Precise geolocation" means information derived from technology, including, but not limited to, global position system level latitude and longitude coordinates or other mechanisms, that directly identifies the specific location of an individual with precision and accuracy within a radius of 1,750 feet.  "Precise geolocation data" shall not include the content of communications, or any data generated by or connected to advanced utility metering infrastructure systems or equipment for use by a utility.

     "Personal data" means any information that is linked or reasonably linkable to an identified or identifiable person.  "Personal data" shall not include publicly available information that is lawfully made available to the general public from federal, State, or local government records, or widely distributed media.

     "Reproductive health care facility" means any hospital, clinic, office, or other site that provides, refers, or seeks to provide legally protected health care activity, including, but not limited to, contraception, pregnancy testing, and abortion services.

     3. (New section)    a.  Any business in this State that tracks, uses, collects, stores, or sells precise geolocation data of an individual in this State shall not disclose such data or any personal data of any person located in or in close proximity to a reproductive health care facility.

     b.    It shall be an unlawful practice and a violation of P.L.1960, c.39 (C.56:8-1 et seq.) for a business to violate the provisions of this section.

     4. (New section)    The laws of this State shall govern in any action against a person providing or receiving legally protected health care activity in New Jersey.

     5.    N.J.S.3B:31-15 is amended to read as follows:

     3B:31-15.  Representation by Fiduciaries and Parents.

     To the extent there is no conflict of interest between the representative and the person represented or among those being represented with respect to a particular question or dispute:

     a.     a guardian of the property may represent and bind the estate that the guardian of the property controls;

     b.    a guardian of the person may represent and bind the ward if  no guardian of the property has  been appointed;

     c.     an agent having authority to act with respect to the particular question or dispute may represent and bind the principal;

     d.    a trustee may represent and bind the beneficiaries of the trust;

     e.     a personal representative of a decedent's estate may represent and bind persons interested in the estate; and

     f.     a parent may represent and bind the parent's minor or [unborn child] fetus if a guardian for the child has not been appointed.

(cf: N.J.S.3B:31-15)

     6.    N.J.S.3B:31-16 is amended to read as follows

     3B:31-16.  Representation by Person Having Substantially Identical Interest.

     Unless otherwise represented, a minor, incapacitated, or [unborn individual] fetus, or a person whose identity or location is unknown and not reasonably ascertainable, may be represented by and bound by another having a substantially identical interest with respect to the particular question or dispute, but only to the extent there is no conflict of interest between the representative and the person represented.

(cf: N.J.S.3B:31-16)

     7.    N.J.S.3B:31-17 is amended to read as follows

     3B:31-17.  Appointment of Representative.

     a.     If the court determines that an interest is not represented under this article or that the otherwise available representation might be inadequate, the court may appoint a guardian ad litem or other representative to receive notice, give consent, and otherwise represent, bind, and act on behalf of a minor, incapacitated, or [unborn individual] fetus, or a person whose identity or location is unknown.  A guardian ad litem or other representative may be appointed to represent several persons or interests.

     b.    A guardian ad litem or other representative may act on behalf of the individual or person represented with respect to any matter arising under this act, whether or not a judicial proceeding concerning the trust is pending.

     c.     A guardian ad litem or other representative may consider the benefit accruing to the living members of the individual's family.

(cf: N.J.S.3B:31-17)

     8.    Section 11 of P.L.1951, c.138 (C.30:4C-11) is amended to read as follows:

     11.  Whenever it shall appear that any child within this State is of such circumstances that the child's safety or welfare will be endangered unless proper care or custody is provided, an application setting forth the facts in the case may be filed with the Division of Child Protection and Permanency by a parent or other relative of the child, by a person standing in loco parentis to the child, by a person or association or agency or public official having a special interest in the child, or by the child himself or herself, seeking that the division accept and provide care or custody of the child as the circumstances may require.  The application shall be in writing, and shall contain a statement of the relationship to or special interest in the child which justifies the filing of the application. The provisions of this section shall be deemed to include an application on behalf of [an unborn child] a fetus when the prospective mother is within this State at the time of application for services.

     Upon receipt of an application as provided in this section, the division shall verify the statements set forth in the application and shall investigate all the matters pertaining to the circumstances of the child.  If upon such verification and investigation it shall appear (a) that the safety or welfare of the child will be endangered unless proper care or custody is provided; (b) that the needs of the child cannot properly be provided for by financial assistance as made available by the laws of this State; (c) that there is no person legally responsible for the support of the child whose identity and whereabouts are known and who is willing and able to provide for the care and support required by the child; and (d) that the child, if the child has a mental or physical disability requiring institutional care, is not immediately admissible to any public institution providing care; then the division may accept and provide care or custody as the circumstances of the child may require.

(cf: P.L.2017, c.131, s.116)

     9.    (New section) a.  P.L.    , c.     (C.        ) (pending before the Legislature as this bill) shall be liberally construed to effect the purposes thereof.

     b.    The provisions of P.L.    , c.     (C.        ) (pending before the Legislature as this bill) shall be severable, and if any of its provisions shall be held to be unconstitutional or otherwise invalid, the decision of the court shall not affect the validity of any of the remaining provisions of this act.

     c.     All acts and parts of acts in conflict with P.L.    , c.     (C.        ) (pending before the Legislature as this bill) are hereby repealed insofar as they conflict with this act.

     10.  This act shall take effect immediately.

STATEMENT

     This bill establishes the "New Jersey Health Care and Privacy Protection Act."

     Under the bill, any business in this State that tracks, uses, collects, stores, or sells precise geolocation data of an individual in this State is prohibited from disclosing such data or any personal data of any person located in or in close proximity to a reproductive health care facility.  The bill defines "reproductive health care facility" as any hospital, clinic, office, or other site that provides, refers, or seeks to provide legally protected health care activity, including, but not limited to, contraception, pregnancy testing, and abortion services.  It is an unlawful practice and a violation of the New Jersey Consumer Fraud Act, N.J.S.A.56:8-1 et seq., for a business to violate the bill.

     Further, the bill clarifies that the laws of New Jersey govern in any action against a person providing or receiving legally protected health care activity in New Jersey.  The bill defines "legally protected health care activity" to mean providing, seeking, receiving, assisting with, or inquiring about reproductive health care services or gender affirming health care services that are lawful in the State of New Jersey.

     Finally, the bill replaces any instance of "unborn child" with the term "fetus" in relevant statutory provisions.

     It is the sponsor's intent to protect the rights of individuals to access and provide legally protected health care services in New Jersey and to safeguard persons' privacy in seeking such care.