§ 25-6-404 — Public entity - prohibited actions

(1) A public entity shall not:

(a) Deny, restrict, interfere with, or discriminate against an individual's
fundamental right to use or refuse contraception or to continue a pregnancy and
give birth or to have an abortion in the regulation or provision of benefits, facilities,
services, or information;

(b) Deprive, through prosecution, punishment, or other means, an individual
of the individual's right to act or refrain from acting during the individual's own
pregnancy based on the potential, actual, or perceived impact on the pregnancy,
the pregnancy's outcomes, or on the pregnant individual's health;

(c) Restrict any natural or legal person in performing, or prohibit any natural
or legal person from providing, reproductive health care through the imposition of
licensing, permitting, certification, or similar legislative or regulatory requirements
that apply solely to providers of reproductive health care; or

(d) Prosecute or otherwise criminally sanction any natural or legal person for
providing, assisting in the provision of, arranging for, or otherwise assisting a
person in accessing reproductive health care performed within the scope of
applicable professional licensure and certification requirements.

Legislative History

Source: L. 2022: Entire part added, (HB 22-1279), ch. 67, p. 331, � 2, effective April 4. L. 2023: Entire section amended, (SB 23-188), ch. 68, p. 251, � 23, effective April 14.