Bill Text: NJ S3523 | 2022-2023 | Regular Session | Introduced
Bill Title: Establishes "Period Equity and Menstrual Disorders Study Committee" in DOH.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2023-01-30 - Introduced in the Senate, Referred to Senate Health, Human Services and Senior Citizens Committee [S3523 Detail]
Download: New_Jersey-2022-S3523-Introduced.html
Sponsored by:
Senator M. TERESA RUIZ
District 29 (Essex)
SYNOPSIS
Establishes "Period Equity and Menstrual Disorders Committee" in DOH.
CURRENT VERSION OF TEXT
As introduced.
An Act establishing a period equity and menstrual disorders study and supplementing Title 26 of the Revised Statutes.
1. The Legislature finds and declares that:
a. Period inequity is an umbrella term that encompasses several issues including unequal access to feminine hygiene products, education, reproductive care, as well as the stigma surrounding menstruating and the toxic ingredients used in pads and tampons.
b. Period inequity is attributable to the high cost of feminine hygiene products and the fact that the prices of these products are the same for people who menstruate, regardless of socioeconomic status.
c. People who menstruate typically have menstrual cycles every 28 days. On average, a menstrual cycle can last between five and seven days, requiring the purchase of multiple feminine hygiene products for each menstrual cycle. The combination of these factors can lead to astronomical, recurring costs during a person's menstruating years.
d. Those who cannot afford feminine hygiene products often try to extend the life of products by using them for multiple hours at a time. This can lead to a myriad of health problems, including placing a person who menstruates at a greater risk for toxic shock syndrome, a life-threatening infection.
e. Twenty-seven states have a luxury tax on menstrual products, bringing in roughly $88 million dollars on products that are necessities for a large segment of the population. Items like condoms and Viagra, however, are considered health products and are not taxed. In addition, feminine hygiene products cannot be purchased with food stamps or Supplemental Nutrition Assistance Program (SNAP) benefits, placing low income people at a disadvantage when buying such products.
f. While financial barriers are an issue impacting period inequity, stigma itself is also a significant barrier to improving access to feminine hygiene products and education.
g. The stigma and shame surrounding menstruation makes it difficult to not only normalize menstruation in conversation, especially for transgendered and non-binary people who menstruate, but also to create and advance policy change such as eliminating the tax on, and regulating ingredients used in, feminine hygiene products.
h. For those who can afford feminine hygiene products, most pads and tampons are made with materials containing dioxins, toxins, phthalates, fragrances, and pesticides.
i. The United States Food and Drug Administration does not require feminine hygiene product companies to test for chemicals, and if they do, they are not required to disclose the presence of harmful toxins.
j. There has been very little research conducted on the long term effects of using feminine hygiene products, and only relatively recent research has been conducted on this subject in general. As a result, those who use feminine hygiene products may be unaware of the consequences of using these products on a long-term basis.
k. Period inequity is not the only problem facing persons who menstruate. Menstrual disorders are complications that affect a woman's normal menstrual cycle. Abnormal menstruation can be linked to various biological, psychological, or environmental factors.
l. Common menstrual disorders, from heavy bleeding and skipped periods, to troublesome mood swings, disrupt the lives of persons who menstruate in crucial ways.
m. Reproductive health has been hampered by a lack of understanding of basic uterine and menstrual physiology, and enhancing the understanding of the underlying phenomena involved in menstruation, abnormal uterine bleeding, toxic shock syndrome, and other menstruation-related disorders can increase the quality of, and improve access to, reproductive health care.
n. The high cost of feminine hygiene products, the lack of education on how the menstrual cycle works, not knowing how to use or properly dispose of feminine hygiene products, and the lack of public awareness about menstrual disorders, all can lead to economic hardship and health care disparities for minorities, persons with disabilities, the transgendered community, and other under-served populations.
o. The State of New Jersey has exempted feminine hygiene products, such as pads and tampons, from the sales tax. In doing so, the State has recognized that it is financially burdensome for persons who menstruate to continue to purchase these products at unaffordable prices. However, more can be done to achieve period equity for all of New Jersey's citizens who menstruate.
p. It is in the best interest of the State to establish a committee to study issues relating to period inequity, menstrual disorders, and the impact both have on the health of persons who menstruate. The establishment of such a committee is necessary for the State to: achieve period equity and ensure that all who menstruate, regardless of socio-economic background, have access to affordable and safe feminine hygiene products, education, and reproductive care without shame or stigma.
2. As used in this act:
"Menstrual disorders" mean conditions that involve physiological and emotional symptoms centering around menstruation, typically prior to or during the period cycle, including, but not limited to, heavy bleeding, amenorrhea, premenstrual dysphoric disorder, premenstrual syndrome, fibroids, endometriosis, dysmenorrhea, and oligomenorrhea.
"Toxic shock syndrome" means an acute disease, caused by the staphylococcus aureus, streptococcus pyogenes, or clostridium sordellii bacteria, which occurs in persons using tampons, and is characterized by fever, diarrhea, nausea, diffuse erythema, and shock.
3. a. There is established the "Period Equity and Menstrual Disorders Study Committee" in the Department of Health. The purpose of the committee is to study issues relating to period inequity, access to feminine hygiene products, menstrual disorders, and the health of persons who menstruate.
b. The committee shall consist of 15 members as follows:
(1) three members of the General Assembly, one of whom shall be a member of the Legislative Black Caucus, one of whom shall be a member of the Legislative Latino Caucus, and one of whom shall be a member of the Legislative Disability Caucus, appointed by the Speaker of the General Assembly;
(2) three members of the Senate, one of whom shall be a member of the Legislative Black Caucus, one of whom shall be a member of the Legislative Latino Caucus, and one of whom shall be a member of the Legislative Disability Caucus, appointed by the President of the Senate;
(3) a representative of the New Jersey Council on Developmental Disabilities;
(4) a representative of the New Jersey Supreme Court Committee on Diversity, Inclusion, and Community Engagement;
(5) the President of the New Jersey Obstetrical and Gynecological Society, or a designee; and
(6) six members of the public, appointed by the Governor, with demonstrated knowledge of, or experience with, period inequity, menstrual disorders, and issues relating to the health of persons who menstruate who represent communities and community-based advocacy groups reflecting the diverse economic, racial, cultural, gender, and occupational composition of the State.
c. The members of this committee shall be appointed within 30 days after the effective date of this act. Any vacancies in the membership of the committee shall be filled in the same manner as the original appointment. Members of the committee shall serve without compensation.
d. The committee shall organize as soon as practicable after the appointment of the committee's members, and the committee shall choose a chairperson from among its members. The presence of eight members shall constitute a quorum. The committee may conduct business without a quorum, but may only vote on recommendations when a quorum is present.
e. The committee shall meet regularly as the committee determines or at the call of the chairperson. The committee shall hold at least three public hearings in different parts of the State and elicit testimony from the public at such times and places as the chair shall designate.
f. The Department of Human Services shall provide stenographic, clerical, and other administrative assistance and professional staff as the committee requires to carry out the committee's work. The committee shall be entitled to avail itself of the services of the employees of any State, county, or municipal department, board, bureau, commission, or agency as the committee may require and as may be available for the committee's purposes.
4. a. The committee shall:
(1) examine current data, research, and policies related to the pricing and taxation of feminine hygiene products and racial, gender, and disability disparities within the State, and their impact on the affordability of, and access to, feminine hygiene products for persons who menstruate, specifically those in the minority, disability, and transgendered and non-binary communities, and other under-served populations;
(2) establish ways to raise awareness and educate the public about menstrual disorder, and better provide care and services to those who suffer from these disorders;
(3) establish guidelines and best practices for educating persons who menstruate about toxic shock syndrome;
(4) study the impact that period inequity, the lack of reproductive care, the stigma surrounding menstruating, and menstrual disorders have on the health of persons who menstruate;
(5) develop strategies to make feminine hygiene products more affordable and accessible in the State for persons who menstruate, specifically those in the minority, disability, and transgendered and non-binary communities, and other under-served populations; and
(6) outline policies and procedures that should be implemented to achieve period equity in the State.
b. The committee shall prepare and submit a report to the Governor, and to the Legislature pursuant to section 2 of P.L.1991, c.164 (C.52:14-35 19.1), no later than one year after the organization of the committee, and on an annual basis thereafter, that includes its findings and makes recommendations for legislative or administrative action necessary to further the purposes of this act.
5. This act shall take effect immediately.
STATEMENT
This bill establishes a 15-member Period Equity and Menstrual Disorders Committee. Specifically, the committee is to study issues relating to period inequity, access to feminine hygiene products, menstrual disorders, and the health of persons who menstruate.
The committee is to consist of: (1) three members of the General Assembly, appointed by the Speaker of the General Assembly, and three members of the Senate, appointed by the Senate President, each representing the Legislative Black Caucus, the Legislative Latino Caucus, and the Legislative Disability Caucus, respectively; (2) representatives of the New Jersey Council on Developmental Disabilities and the New Jersey Supreme Court Committee on Diversity, Inclusion, and Community Engagement; and the President of the New Jersey Obstetrical and Gynecological Society, or a designee; and (3) six members of the public, appointed by the Governor, with demonstrated knowledge of, or experience with, period inequity, menstrual disorders, and issues relating to the health of persons who menstruate who represent communities and community-based advocacy groups reflecting the diverse economic, racial, cultural, gender, and occupational composition of the State.
Under the provisions of the bill, the committee is to: (1) examine current data, research, and policies related to the pricing and taxation of feminine hygiene products and racial, gender, and disability disparities within the State, and their impact on the affordability of, and access to, feminine hygiene products for persons who menstruate, specifically those in the minority, disability, and transgendered and non-binary communities, and other under-served populations; (2) establish ways to raise awareness and educate the public about menstrual disorders, and to better provide care and services to those who suffer from these disorders; (3) establish guidelines and best practices for educating persons who menstruate about toxic shock syndrome; (4) study the impact that period inequity, the lack of reproductive care, the stigma surrounding menstruating, and menstrual disorders have on the health of persons who menstruate; (5) develop strategies to make feminine hygiene products more affordable and accessible in the communities and populations specified in the bill; and (6) outline policies and procedures that should be implemented to achieve period equity in the State.
The bill defines: "menstrual disorders" as conditions that involve physiological and emotional symptoms centering around menstruation, typically prior to or during the period cycle, including, but not limited to, heavy bleeding, amenorrhea, premenstrual dysphoric disorder, premenstrual syndrome, fibroids, endometriosis, dysmenorrhea, and oligomenorrhea; and "toxic shock syndrome" as an acute disease, caused by the staphylococcus aureus, streptococcus pyogenes, or clostridium sordellii bacteria, which occurs in persons using tampons, and is characterized by fever, diarrhea, nausea, diffuse erythema, and shock.
Within one year after organization, and on an annual basis, the committee is to prepare and submit a report to the Governor and the Legislature that includes its findings and makes recommendations for legislative or administrative action necessary to further the purposes of the bill.
Period inequity is an umbrella term that encompasses several issues including unequal access to feminine hygiene products, education, reproductive care, as well as the stigma surrounding menstruating and the toxic ingredients used in pads and tampons.
Period inequity is attributable to the high cost of feminine hygiene products and the fact that the prices of these products are the same for people who menstruate, regardless of socioeconomic status. Those who cannot afford feminine hygiene products often suffer from a myriad of health problems, including placing a person who menstruates at a greater risk for toxic shock syndrome.
While financial barriers are an issue impacting period inequity, stigma and the lack of knowledge of what the long-term use of feminine hygiene products can do to the health of persons who menstruate, are also significant barriers to improving access to feminine hygiene products and education. These barriers make it difficult to normalize menstruation in conversation, especially for transgendered and non-binary people who menstruate, and to create and advance policy change such as eliminating the tax on, and regulating ingredients used in, feminine hygiene products.
Period inequity is not the only issue facing persons who menstruate. Menstrual disorders are complications that affect a woman's normal menstrual cycle and often disrupt the lives of persons who menstruate in crucial ways.
The high cost of feminine hygiene products, the lack of education on how the menstrual cycle works, not knowing how to use or properly dispose of feminine hygiene products, and the lack of public awareness about menstrual disorders, all can lead to economic hardship and health care disparities for minorities, persons with disabilities, the transgendered and non-binary communities, and other under-served populations.
While the State has taken steps to address period inequity by exempting feminine hygiene products, such as pads and tampons, from the sales tax, more can be done to achieve period equity for all of New Jersey's citizens who menstruate.
Therefore, it is in the best interest of the State to establish a committee to study issues relating to period inequity, menstrual disorders, and the impact both have on the health of persons who menstruate in order for the State to achieve period equity and ensure that all who menstruate, regardless of socio-economic background, have access to affordable and safe feminine hygiene products, education, and reproductive care without shame or stigma.
