a) A person shall have the right to obtain contraceptives and to engage in contraception. A healthcare provider shall have the right to provide contraceptives and contraception-related information.

b) The rights specified in subsection (a) shall not be infringed upon by any law, regulation, or policy that expressly or effectively limits, delays, or impedes access to contraceptives or information related to contraception.

c) To defend against a claim that a law, regulation, or policy violates a healthcare provider’s or patient’s statutory rights under subsection (a), a party must establish, by clear and convincing evidence, that:

i) The law, regulation, or policy significantly advances the safety of contraceptives, contraception, and contraception-related information, and the safety of contraceptives, contraception, and contraception-related information or the health of patients cannot be advanced by a less restrictive alternative measure or action; or

ii) The law, regulation, or policy that is being applied to contraception is also being applied to other medically similar drugs, devices, or biological products.

d) Nothing in this chapter shall be construed to permit or sanction the performance of any sterilization procedure without the patient’s voluntary and informed consent.

e) Applicability.

i) Neither the state nor any locality may administer, implement, or enforce any law, rule, regulation, standard, or other provision having the force and effect of law in a manner that:

1) Prohibits or restricts the sale, provision, or use of any contraceptives that have been approved by the U.S. Food and Drug Administration for contraceptive purposes.

2) Prohibits or restricts any person from aiding another person in obtaining any contraceptives approved by the U.S. Food and Drug Administration or utilizing any contraceptive methods.

3) Exempts any contraceptives approved by the U.S. Food and Drug Administration from any other generally applicable law in a way that would make it more difficult to sell, provide, obtain, or use those contraceptives or contraceptive methods.

ii) An individual or entity that is subject to a law, regulation, or policy that violates this chapter may raise this section as a defense to any cause of action against the individual or entity.

f) Enforcement.

i) The Attorney General may commence a civil action on behalf of [STATE] against any person that violates this chapter or enforces a law, regulation, or policy that violates the provisions of this chapter.

ii) Any individual or entity, including any healthcare provider or patient, adversely affected by an alleged violation of this chapter may commence a civil action against any person that violates, implements, or enforces a law, regulation, or policy in violation of this chapter.

iii) A healthcare provider may commence an action for relief on the provider’s own behalf, on behalf of the provider’s staff, and on behalf of the provider’s patients who are or may be adversely affected by an alleged violation of this chapter.

iv) If a court finds that there has been a violation of this chapter, the court shall hold unlawful and set aside the law, regulation, or policy. In any action under this chapter, the court may award appropriate equitable relief, including temporary, preliminary, or permanent injunctive relief.

g) [Applicable State Constitutional Amendment procedure]. Proposes an amendment to [Article], [Section] of the [State] Constitution to read: “A person shall have the right to obtain contraceptives and to engage in contraception. A healthcare provider shall have the right to provide contraceptives and contraception-related information. These rights shall not be infringed upon by any law, regulation, or policy that expressly or effectively limits, delays, or impedes access to contraceptives or information related to contraception.”

h) The provisions of this Act are severable. If any provision of this Act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.