CPC Accountability Measures in Massachusetts
Municipal Measures
Somerville
March 2022
Passed
“No limited services 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 or the provision of any pregnancy-related service that is deceptive, whether by statement or omission, and that a limited services pregnancy center knows or reasonably should know to be deceptive.”
Cambridge
January 2023
Passed
“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.”
Salem
January 2023
Passed
“No limited services 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 or the provision of any pregnancy-related service that is deceptive, whether by statement or omission, and that a limited services pregnancy center knows or reasonably should know to be deceptive.”
Northampton
Abortion & Reproductive Healthcare Webpage
The Northampton Department of Health and Human Services has created a new page on the official City website with information about abortion and reproductive health rights and services, with a prominent alert that “Crisis pregnancy centers are NOT reproductive health care providers. Crisis pregnancy centers are are anti-abortion, anti-contraception groups.” The site links to the Attorney General’s Consumer Advisory and consumer complaint portal, and lists known CPCs to avoid in the region.
Easthampton
July 2023
Passed, Vetoed
“Access to reproductive health care services and gender-affirming health care services is recognized and declared to be a right secured by the Constitution and laws of the Commonwealth. Interference with the exercise of this right is against the public policy of the Commonwealth. The City of Easthampton has a responsibility to ensure safe and fair access to reproductive and gender-affirming health care services on the local level.”
View Original Ordinance
(November 2022)
View Revised Ordinance
(passed July 2023)
Framingham
February 2023
Passed
“[T]he Mayor and Council commit in Framingham to protect every person’s right to access the full range of reproductive health care options, in full compliance with the laws of our Commonwealth, including preventing unintended pregnancy, bearing healthy children, and choosing safe, legal abortion…”
Several cities in Massachusetts have adopted measures to hold CPCs accountable for deceptive advertising. Many more MA cities and towns are exploring local action. Contact us for more information on the models below and for help advancing local CPC accountability measures throughout the Commonwealth.
State Measures
An Act relative to increasing access to perinatal health care S2899
Passed in August 2024, this omnibus bill to strengthen access to physical and mental health care for pregnant people and new parents in Massachusetts includes the following provision regulating provision of pregnancy ultrasound:
SECTION 15. Chapter 112 of the General Laws is hereby amended by inserting after section 2D the following section:
Section 2E. A person shall not provide ultrasound services pertaining to a possible or actual pregnancy except under the supervision of a provider or other licensed health care professional who, acting within their scope of practice, provides medical care for people who are pregnant or may become pregnant.
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Department of Public Health
Healey-Driscoll Administration Launches First-in-the-Nation Public Education Campaign on the Dangers of Anti-Abortion Centers
WBUR: State launches awareness campaign targeting 'misrepresentation' from crisis pregnancy centers
MASS.GOV:
Campaign ads warn of disinformation spread by "crisis pregnancy centers” throughout Massachusetts
Anti-abortion CPC Awareness Campaign: Social Media Toolkit
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DPH Commissioner Issues Statewide Guidance on Statutory and Regulatory Obligations of Reproductive Health Care Providers and Jurisdiction over Anti-Abortion CPCs:
Maintaining Integrity, Accessibility, and Transparency in Reproductive Care
Commissioner Memo: Reminder to Licensees Regarding Licensure Obligations and Standards of Care
The Department of Public Health (DPH) is committed to comprehensive reproductive health care access. In the wake of recent complaints regarding several anti-abortion centers, DPH has initiated a review of its statutory and regulatory obligations. The purpose of this review is to make sure DPH professional licensees and facility licensees – including these centers – are adhering to their designated scope of practice and operating transparently and free from deceptive practices.
Anti-abortion centers – often called “crisis pregnancy centers” – provide information and counseling to individuals who are, or may be, pregnant. Some provide testing for sexually transmitted infections, pregnancy tests, and ultrasounds to determine how far along a pregnancy may be. Many of these centers advertise themselves as full-service reproductive health care clinics, yet they do not provide abortion care or abortion referrals, contraception, or other important reproductive health care services. Most centers are affiliated with national advocacy or religious organizations that provide funding and support to advance an anti-abortion agenda.
In Massachusetts, there are nearly 30 anti-abortion centers that operate in the state, with only four currently subject to DPH licensure under state law.
Licensed clinics must comply with the requirements and standards of medical care and services associated with this certification.
Licensed clinics usually are staffed with full- or part-time medical providers that may include physicians, nurses, nurse practitioners, or physician assistants.
These licensed facilities may provide medical services, including testing and ultrasound, as long as the service delivered is within the scope of practice for the involved provider.
The clinicians in licensed centers bear a responsibility to adhere to all license requirements and meet the professional standards to ensure the well-being of those seeking care and support.
Most centers in Massachusetts, however, are not licensed as “clinics.” These non-licensed centers are largely staffed by nonmedical individuals or volunteers. Absent the provision of medical care, DPH does not have jurisdiction over these facilities and cannot oversee the quality of services they provide.
However, if these facilities are providing medical care or advertising services that are consistent with a clinic, DPH maintains a responsibility to oversee the safe provision of medical services and health care in the state. DPH may be involved in investigating complaints regarding allegations about provision of inappropriate medical services or staff members performing services without the required credentials. This work may be done in collaboration with the Attorney General’s Office’s Reproductive Justice Unit.
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State Legislation TO SUPPORT
An Act Relative To Consumer Health Data —
H.386 / S.184
This bill will protect consumers' private health data by limiting the collection, sharing, and selling of health data that is not protected under HIPAA. It requires regulated entities to create and maintain a privacy policy specific to Consumer Health Data, obtain consent prior to collecting or sharing health data, and bans the sale of health data.