SB 345: Health care services: legally protected health care activities.
- Session Year: 2023-2024
- House: Senate
- Latest Version Date: 2023-09-27
Current Status:
Passed
(2023-09-27: Chaptered by Secretary of State. Chapter 260, Statutes of 2023.)
Introduced
In Committee
First Chamber
In Committee
Second Chamber
Enacted
(1)Existing law provides for the licensure and regulation of various categories of medical professionals by boards within the Department of Consumer Affairs, including, among others, the Medical Board of California and the Dental Board of California. Existing law makes specified actions by licensed health care providers unprofessional conduct and, in certain cases, a criminal offense.
This bill would prohibit a healing arts board, as defined, from denying an application for a license or imposing discipline upon a licensee or health care practitioner on the basis of a civil judgment, criminal conviction, or disciplinary action in another state if that judgment, conviction, or disciplinary action is based solely on the application of another states law that interferes with a persons right to receive sensitive services, as defined, that would be lawful if provided in this state, regardless of the patients location. The bill would further provide that the performance, recommendation, or provision of a legally protected health care activity by a licensee or health care practitioner acting within their scope of practice for a patient who resides in a state in which the performance, recommendation, or provision of that legally protected health care activity is illegal, does not, by itself, constitute professional misconduct, upon which discipline or other penalty may be taken.
In this connection, the bill would define a legally protected health care activity to mean specified acts, including, among others, the exercise and enjoyment, or attempted exercise and enjoyment, by a person of rights related to reproductive health care services or gender-affirming health care services secured by the Constitution or laws of this state or the provision of by a health care service plan contract or a policy, or a certificate of health insurance, that provides for those services.
(2)Existing law, the Confidentiality of Medical Information Act, generally prohibits a health care provider, health care service plan, contractor, or corporation from sharing, selling, using for marketing, or otherwise using medical information for a purpose not necessary to provide health care services to the patient.
This bill would prohibit a person or business from collecting, using, disclosing, or retaining the personal information of a person who is physically located at, or within a precise geolocation of, a family planning center, as defined, except as necessary to perform the services or provide the goods requested. The bill would prohibit the sale or sharing of this information. The bill would authorize an aggrieved person or entity to institute and prosecute a civil action for a violation of these provisions and specify damages and costs authorized to be recovered. The bill would specify these provisions do not apply to a provider of health care, a health care service plan, or a contractor, as defined.
(3)Existing law, the Reproductive Privacy Act, declares as contrary to the public policy of this state a law of another state that authorizes a person to bring a civil action against a person or entity that engages in certain activities relating to obtaining or performing an abortion. Existing law prohibits the state from applying an out-of-state law described above to a case or controversy in state court or enforcing or satisfying a civil judgment under the out-of-state law.
This bill would state that California law governs in any action against a person who provides or receives by any means, including telehealth, reproductive health care services or gender-affirming health care services, as specified, if the care was legal in the state in which it was provided at the time of the challenged conduct.
The bill would state that interference with the right to reproductive health care services, gender-affirming health care services, or gender-affirming mental health care services, as those terms are defined, is against the public policy of California. The bill would declare as a violation of public policy a public act or record of a foreign jurisdiction that, among other things, authorizes a person to bring a civil action against a person, provider, or other entity in California for, among other acts, seeking or providing reproductive health care services, gender-affirming health care services, or gender-affirmative mental health care services. The bill would declare the intent of the Legislature that nothing in the bill be interpreted to undermine or decrease any existing protections under California law. The bill would authorize a person to institute a civil action against a person who engages in abusive litigation, as defined, that infringes on or interferes with a legally protected health care activity, among other things. The bill would specify damages and costs authorized to be recovered and would specify circumstances under which a court may exercise jurisdiction over a person in such a civil action. The bill would authorize an aggrieved person, provider, or other entity, as defined, to move to modify or quash a subpoena issued in connection with abusive litigation. The bill would specify the laws of California govern in a case or controversy heard in California related to reproductive health care services, gender-affirming health care services, or gender-affirming mental health care services, except as required by federal law.
(4)Existing law permits a judgment creditor to apply for the entry of a judgment based on a sister state judgment by filing an application with a superior court and requires the court clerk to enter a judgment based on the application. Existing law also requires courts to grant a stay enforcement of such a judgment under specified circumstances.
This bill would additionally require a court to grant a stay of enforcement of a sister state judgment if a money judgment or lien on real property was obtained for the exercise of a right guaranteed by the United States Constitution, a right guaranteed by the California Constitution, or against a person or entity for aiding and abetting the exercise of those rights, as specified.
(5)Existing law prohibits an abortion from being performed upon an unemancipated minor unless she first has given her written consent to the abortion and also has obtained the written consent of one of her parents or legal guardian. Existing law provides specified judicial procedures to be followed if one or both of the unemancipated pregnant minor's or her guardian refuse to consent or if the minor elects not to seek their consent.
This bill would repeal these provisions.
(6)Existing law defines murder as the unlawful killing of a human being, or a fetus, with malice aforethought. Existing law creates an exemption for a person who commits an act that results in the death of a fetus under specific circumstances, including if the act is solicited, aided, abetted, or consented to by the person pregnant with the fetus.
This bill would expand that exemption to include a person pregnant with a fetus who committed the act that resulted in the death of the fetus.
(7)Existing law prohibits a state or local law enforcement agency or officer from knowingly arresting or knowingly participating in the arrest of any person for performing, supporting, or aiding in the performance of an abortion or for obtaining an abortion, if the abortion is lawful in this state. Existing law prohibits a state or local public agency from cooperating with or providing information to an individual or agency from another state or a federal law enforcement agency, as specified, regarding a lawful abortion.
This bill would additionally prohibit a state or local government employee or a person acting on behalf of the local or state government, among others, from providing information or expending resources in furtherance of an investigation that seeks to impose civil or criminal liability or professional sanctions on an individual for a legally protected health care activity that occurred in this state or that would be legal if it occurred in this state. The bill would require any out-of-state subpoena, warrant, wiretap order, pen register trap and trace order, or other legal process to include an affidavit or declaration under penalty of perjury that the discovery request is not in connection with an out-of-state proceeding relating to a legally protected health care activity, except as specified. By requiring an individual seeking to discovery under these provisions to declare certain conditions are present under penalty of perjury, this bill would expand the crime of perjury and impose a state-mandated local program.
(8)Existing law authorizes a magistrate to issue a warrant, upon application by a bail bondsman, as described, for an individual fleeing bail in another state and found in this state upon a finding of probable cause for believing that the person is a fugitive. Existing law makes it a misdemeanor to take a person who is a fugitive admitted to bail in another state into custody, except pursuant to a magistrates order.
This bill would prohibit a magistrate from issuing a warrant for the arrest of an individual whose alleged offense or conviction is for the violation of the laws of another state that authorize a criminal penalty to an individual performing, receiving, supporting, or aiding in the performance or receipt of sexual or reproductive health care, including, but not limited to, an abortion, contraception, or gender-affirming care if the sexual or reproductive health care is lawful under the laws of this state, regardless of the recipients location. The bill would make a bail bondsman who takes such an individual into custody without a warrant guilty of an infraction punishable by a fine of $5,000 and ineligible for and subject to forfeiture of specified licenses. The bill would create a civil cause of action for an individual taken into custody in violation of this provision. By creating a new crime, this bill would create a state-mandated local program.
(9)Existing law, the Bail Fugitive Recovery Persons Act, prohibits a person, other than a certified law enforcement officer, from apprehending, detaining, or arresting a bail fugitive unless the person is a licensed bail fugitive recovery agent, or both a bail licensee and private investigator who are also bail fugitive recovery agents. Existing law makes a violation of the Bail Fugitive Recovery Persons Act a misdemeanor.
This bill would prohibit a person authorized under the act from apprehending, detaining, or arresting a bail fugitive who has been admitted to bail in another state and whose alleged offense or conviction is for the violation of a law of another state that authorizes a criminal penalty to an individual performing, receiving, supporting, or aiding in the performance or receipt of sexual or reproductive health care, including, but not limited to, abortion, contraception, or gender-affirming care, if the sexual or reproductive health care is lawful under the laws of this state, regardless of the recipients location. The bill would make a violation of this provision an infraction punishable by a fine of $5,000 and make the authorized individual ineligible for and subject to forfeiture of specified licenses. The bill would create a civil cause of action for an individual taken into custody in violation of this provision. By expanding the application of a crime, this bill would create a state-mandated local program.
(10)Existing law establishes a process by which a material witness in this state may be ordered to attend and testify in a pending prosecution or grand jury in another state.
This bill would prohibit a judge from ordering a witness to appear pursuant to these provisions if the criminal prosecution is based on the laws of another state that authorizes a criminal penalty to an individual performing, receiving, supporting, or aiding in the performance or receipt of sexual or reproductive health care, including, but not limited to, an abortion, contraception, or gender-affirming care if the sexual or reproductive health care is lawful under the laws of this state.
(11)Existing law provides for the California Work Opportunity and Responsibility to Kids (CalWORKs) program, under which each county provides cash assistance and other benefits to qualified low-income families and individuals. Existing federal law establishes the federal Supplemental Nutrition Assistance Program (SNAP), known in California as CalFresh, under which supplemental nutrition assistance benefits allocated to the state by the federal government are distributed to eligible individuals by each county. Existing federal regulations disqualify a fleeing felon, as defined, from receiving benefits under the CalFresh program.
This bill would require a determination that a person is fleeing to avoid prosecution for purposes of eligibility in the CalWORKs program if a federal, state, or local law enforcement officer in their official capacity presents an outstanding felony arrest warrant containing specified National Crime Information Center Uniform Offense Classification Codes.
(12)Existing law refers to unborn children and unborn persons in various contexts, including, among others, defining low-risk pregnancy conditions for determining the scope of authorization of a certificate to practice nurse-midwifery, defining active labor for health facility licensing provisions, and defining spouse for California State Teachers Retirement System benefits.
This bill would replace unborn child and unborn person with fetus in those provisions.
(13)Existing law also refers to unborn persons in various contexts, including naming unknown defendants in real property actions, allowing a court to appoint a guardian ad litem to advocate for inadequately represented interests in probate proceedings, allowing a guardian ad litem to give consent on behalf of a beneficiary who lacks legal capacity, and providing an exception for requiring a personal representative to file an account of the distributions of a decedents estate.
This bill would replace unborn person with unborn beneficiary in those provisions.
(14)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
(15)This bill would incorporate additional changes to Section 2746.5 of the Business and Professions Code proposed by SB 667 to be operative only if this bill and SB 667 are enacted and this bill is enacted last.
(1)Existing law provides for the licensure and regulation of various categories of medical professionals by boards within the Department of Consumer Affairs, including, among others, the Medical Board of California and the Dental Board of California. Existing law makes specified actions by licensed health care providers unprofessional conduct and, in certain cases, a criminal offense.
This bill would prohibit a healing arts board, as defined, from denying an application for a license or imposing discipline upon a licensee or health care practitioner on the basis of a civil judgment, criminal conviction, or disciplinary action in another state if that judgment, conviction, or disciplinary action is based solely on the application of another states law that interferes with a persons right to receive sensitive services, as defined, that would be lawful if provided in this state, regardless of the patients location. The bill would further provide that the performance, recommendation, or provision of a legally protected health care activity by a licensee or health care practitioner acting within their scope of practice for a patient who resides in a state in which the performance, recommendation, or provision of that legally protected health care activity is illegal, does not, by itself, constitute professional misconduct, upon which discipline or other penalty may be taken.
In this connection, the bill would define a legally protected health care activity to mean specified acts, including, among others, the exercise and enjoyment, or attempted exercise and enjoyment, by a person of rights related to reproductive health care services or gender-affirming health care services secured by the Constitution or laws of this state or the provision of by a health care service plan contract or a policy, or a certificate of health insurance, that provides for those services.
(2)Existing law, the Confidentiality of Medical Information Act, generally prohibits a health care provider, health care service plan, contractor, or corporation from sharing, selling, using for marketing, or otherwise using medical information for a purpose not necessary to provide health care services to the patient.
This bill would prohibit a person or business from collecting, using, disclosing, or retaining the personal information of a person who is physically located at, or within a precise geolocation of, a family planning center, as defined, except as necessary to perform the services or provide the goods requested. The bill would prohibit the sale or sharing of this information. The bill would authorize an aggrieved person or entity to institute and prosecute a civil action for a violation of these provisions and specify damages and costs authorized to be recovered. The bill would specify these provisions do not apply to a provider of health care, a health care service plan, or a contractor, as defined.
(3)Existing law, the Reproductive Privacy Act, declares as contrary to the public policy of this state a law of another state that authorizes a person to bring a civil action against a person or entity that engages in certain activities relating to obtaining or performing an abortion. Existing law prohibits the state from applying an out-of-state law described above to a case or controversy in state court or enforcing or satisfying a civil judgment under the out-of-state law.
This bill would state that California law governs in any action against a person who provides or receives by any means, including telehealth, reproductive health care services or gender-affirming health care services, as specified, if the care was legal in the state in which it was provided at the time of the challenged conduct.
The bill would state that interference with the right to reproductive health care services, gender-affirming health care services, or gender-affirming mental health care services, as those terms are defined, is against the public policy of California. The bill would declare as a violation of public policy a public act or record of a foreign jurisdiction that, among other things, authorizes a person to bring a civil action against a person, provider, or other entity in California for, among other acts, seeking or providing reproductive health care services, gender-affirming health care services, or gender-affirmative mental health care services. The bill would declare the intent of the Legislature that nothing in the bill be interpreted to undermine or decrease any existing protections under California law. The bill would authorize a person to institute a civil action against a person who engages in abusive litigation, as defined, that infringes on or interferes with a legally protected health care activity, among other things. The bill would specify damages and costs authorized to be recovered and would specify circumstances under which a court may exercise jurisdiction over a person in such a civil action. The bill would authorize an aggrieved person, provider, or other entity, as defined, to move to modify or quash a subpoena issued in connection with abusive litigation. The bill would specify the laws of California govern in a case or controversy heard in California related to reproductive health care services, gender-affirming health care services, or gender-affirming mental health care services, except as required by federal law.
(4)Existing law permits a judgment creditor to apply for the entry of a judgment based on a sister state judgment by filing an application with a superior court and requires the court clerk to enter a judgment based on the application. Existing law also requires courts to grant a stay enforcement of such a judgment under specified circumstances.
This bill would additionally require a court to grant a stay of enforcement of a sister state judgment if a money judgment or lien on real property was obtained for the exercise of a right guaranteed by the United States Constitution, a right guaranteed by the California Constitution, or against a person or entity for aiding and abetting the exercise of those rights, as specified.
(5)Existing law prohibits an abortion from being performed upon an unemancipated minor unless she first has given her written consent to the abortion and also has obtained the written consent of one of her parents or legal guardian. Existing law provides specified judicial procedures to be followed if one or both of the unemancipated pregnant minor's or her guardian refuse to consent or if the minor elects not to seek their consent.
This bill would repeal these provisions.
(6)Existing law defines murder as the unlawful killing of a human being, or a fetus, with malice aforethought. Existing law creates an exemption for a person who commits an act that results in the death of a fetus under specific circumstances, including if the act is solicited, aided, abetted, or consented to by the person pregnant with the fetus.
This bill would expand that exemption to include a person pregnant with a fetus who committed the act that resulted in the death of the fetus.
(7)Existing law prohibits a state or local law enforcement agency or officer from knowingly arresting or knowingly participating in the arrest of any person for performing, supporting, or aiding in the performance of an abortion or for obtaining an abortion, if the abortion is lawful in this state. Existing law prohibits a state or local public agency from cooperating with or providing information to an individual or agency from another state or a federal law enforcement agency, as specified, regarding a lawful abortion.
This bill would additionally prohibit a state or local government employee or a person acting on behalf of the local or state government, among others, from providing information or expending resources in furtherance of an investigation that seeks to impose civil or criminal liability or professional sanctions on an individual for a legally protected health care activity that occurred in this state or that would be legal if it occurred in this state. The bill would require any out-of-state subpoena, warrant, wiretap order, pen register trap and trace order, or other legal process to include an affidavit or declaration under penalty of perjury that the discovery request is not in connection with an out-of-state proceeding relating to a legally protected health care activity, except as specified. By requiring an individual seeking to discovery under these provisions to declare certain conditions are present under penalty of perjury, this bill would expand the crime of perjury and impose a state-mandated local program.
(8)Existing law authorizes a magistrate to issue a warrant, upon application by a bail bondsman, as described, for an individual fleeing bail in another state and found in this state upon a finding of probable cause for believing that the person is a fugitive. Existing law makes it a misdemeanor to take a person who is a fugitive admitted to bail in another state into custody, except pursuant to a magistrates order.
This bill would prohibit a magistrate from issuing a warrant for the arrest of an individual whose alleged offense or conviction is for the violation of the laws of another state that authorize a criminal penalty to an individual performing, receiving, supporting, or aiding in the performance or receipt of sexual or reproductive health care, including, but not limited to, an abortion, contraception, or gender-affirming care if the sexual or reproductive health care is lawful under the laws of this state, regardless of the recipients location. The bill would make a bail bondsman who takes such an individual into custody without a warrant guilty of an infraction punishable by a fine of $5,000 and ineligible for and subject to forfeiture of specified licenses. The bill would create a civil cause of action for an individual taken into custody in violation of this provision. By creating a new crime, this bill would create a state-mandated local program.
(9)Existing law, the Bail Fugitive Recovery Persons Act, prohibits a person, other than a certified law enforcement officer, from apprehending, detaining, or arresting a bail fugitive unless the person is a licensed bail fugitive recovery agent, or both a bail licensee and private investigator who are also bail fugitive recovery agents. Existing law makes a violation of the Bail Fugitive Recovery Persons Act a misdemeanor.
This bill would prohibit a person authorized under the act from apprehending, detaining, or arresting a bail fugitive who has been admitted to bail in another state and whose alleged offense or conviction is for the violation of a law of another state that authorizes a criminal penalty to an individual performing, receiving, supporting, or aiding in the performance or receipt of sexual or reproductive health care, including, but not limited to, abortion, contraception, or gender-affirming care, if the sexual or reproductive health care is lawful under the laws of this state, regardless of the recipients location. The bill would make a violation of this provision an infraction punishable by a fine of $5,000 and make the authorized individual ineligible for and subject to forfeiture of specified licenses. The bill would create a civil cause of action for an individual taken into custody in violation of this provision. By expanding the application of a crime, this bill would create a state-mandated local program.
(10)Existing law establishes a process by which a material witness in this state may be ordered to attend and testify in a pending prosecution or grand jury in another state.
This bill would prohibit a judge from ordering a witness to appear pursuant to these provisions if the criminal prosecution is based on the laws of another state that authorizes a criminal penalty to an individual performing, receiving, supporting, or aiding in the performance or receipt of sexual or reproductive health care, including, but not limited to, an abortion, contraception, or gender-affirming care if the sexual or reproductive health care is lawful under the laws of this state.
(11)Existing law provides for the California Work Opportunity and Responsibility to Kids (CalWORKs) program, under which each county provides cash assistance and other benefits to qualified low-income families and individuals. Existing federal law establishes the federal Supplemental Nutrition Assistance Program (SNAP), known in California as CalFresh, under which supplemental nutrition assistance benefits allocated to the state by the federal government are distributed to eligible individuals by each county. Existing federal regulations disqualify a fleeing felon, as defined, from receiving benefits under the CalFresh program.
This bill would require a determination that a person is fleeing to avoid prosecution for purposes of eligibility in the CalWORKs program if a federal, state, or local law enforcement officer in their official capacity presents an outstanding felony arrest warrant containing specified National Crime Information Center Uniform Offense Classification Codes.
(12)Existing law refers to unborn children and unborn persons in various contexts, including, among others, defining low-risk pregnancy conditions for determining the scope of authorization of a certificate to practice nurse-midwifery, defining active labor for health facility licensing provisions, and defining spouse for California State Teachers Retirement System benefits.
This bill would replace unborn child and unborn person with fetus in those provisions.
(13)Existing law also refers to unborn persons in various contexts, including naming unknown defendants in real property actions, allowing a court to appoint a guardian ad litem to advocate for inadequately represented interests in probate proceedings, allowing a guardian ad litem to give consent on behalf of a beneficiary who lacks legal capacity, and providing an exception for requiring a personal representative to file an account of the distributions of a decedents estate.
This bill would replace unborn person with unborn beneficiary in those provisions.
(14)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
(15)This bill would incorporate additional changes to Section 2746.5 of the Business and Professions Code proposed by SB 667 to be operative only if this bill and SB 667 are enacted and this bill is enacted last.
(1)Existing law provides for the licensure and regulation of various categories of medical professionals by boards within the Department of Consumer Affairs, including, among others, the Medical Board of California and the Dental Board of California. Existing law makes specified actions by licensed health care providers unprofessional conduct and, in certain cases, a criminal offense.
This bill would prohibit a board from suspending or revoking the license of a person regulated under the above healing arts provisions solely because the person provided a legally protected health care activity. In this connection, the bill would define a legally protected health care activity to mean specified acts, including exercising rights related to reproductive health care services or gender-affirming health care services secured by the Constitution or the provision of insurance coverage for those services.The bill would also prohibit a board from denying an application for licensure or suspending, revoking, or otherwise imposing discipline on a licensed person because they were disciplined or convicted of an offense in another state, if that disciplinary action was for providing a legally protected health care activity.This bill would prohibit a healing arts board, as defined, from denying an application for a license or imposing discipline upon a licensee or health care practitioner on the basis of a civil judgment, criminal conviction, or disciplinary action in another state if that judgment, conviction, or disciplinary action is based solely on the application of another states law that interferes with a persons right to receive sensitive services, as defined, that would be lawful if provided in this state, regardless of the patients location. The bill would further provide that the performance, recommendation, or provision of a legally protected health care activity by a licensee or health care practitioner acting within their scope of practice for a patient who resides in a state in which the performance, recommendation, or provision of that legally protected health care activity is illegal, does not, by itself, constitute professional misconduct, upon which discipline or other penalty may be taken.
In this connection, the bill would define a legally protected health care activity to mean specified acts, including, among others, the exercise and enjoyment, or attempted exercise and enjoyment, by a person of rights related to reproductive health care services or gender-affirming health care services secured by the Constitution or laws of this state or the provision of by a health care service plan contract or a policy, or a certificate of health insurance, that provides for those services.
(2)Existing law, the Confidentiality of Medical Information Act, generally prohibits a health care provider, health care service plan, contractor, or corporation from sharing, selling, using for marketing, or otherwise using medical information for a purpose not necessary to provide health care services to the patient.
This bill would prohibit a person or business from collecting, using, disclosing, or retaining the personal information of a person who is physically located at, or within a precise geolocation of, a family planning center, as defined, except as necessary to perform the services or provide the goods requested. The bill would prohibit the sale or sharing of this information. The bill would authorize an aggrieved person or entity to institute and prosecute a civil action for a violation of these provisions and specify damages and costs authorized to be recovered. The bill would specify these provisions do not apply to a provider of health care, a health care service plan, or a contractor, as defined.
(3)Existing law, the Reproductive Privacy Act, declares as contrary to the public policy of this state a law of another state that authorizes a person to bring a civil action against a person or entity that engages in certain activities relating to obtaining or performing an abortion. Existing law prohibits the state from applying an out-of-state law described above to a case or controversy in state court or enforcing or satisfying a civil judgment under the out-of-state law.
This bill would state that California law governs in any action against a person who provides or receives by any means, including telehealth, reproductive health care services or gender-affirming health care services, as specified, if the care was legal in the state in which it was provided at the time of the challenged conduct.
The bill would state that interference with the right to reproductive health care services, gender-affirming health care services, or gender-affirming mental health care services, as those terms are defined, is against the public policy of California. The bill would declare as a violation of public policy a public act or record of a foreign jurisdiction that, among other things, authorizes a person to bring a civil action against a person, provider, or other entity in California for, among other acts, seeking or providing reproductive health care services, gender-affirming health care services, or gender-affirmative mental health care services. The bill would declare the intent of the Legislature that nothing in the bill be interpreted to undermine or decrease any existing protections under California law. The bill would authorize a person to institute a civil action against a person who engages in abusive litigation, as defined, that infringes on or interferes with a legally protected health care activity, among other things. The bill would specify damages and costs authorized to be recovered and would specify circumstances under which a court may exercise jurisdiction over a person in such a civil action. The bill would authorize an aggrieved person, provider, or other entity, as defined, to move to modify or quash a subpoena issued in connection with abusive litigation. The bill would specify the laws of California govern in a case or controversy heard in California related to reproductive health care services, gender-affirming health care services, or gender-affirming mental health care services, except as required by federal law.
(4)Existing law permits a judgment creditor to apply for the entry of a judgment based on a sister state judgment by filing an application with a superior court and requires the court clerk to enter a judgment based on the application. Existing law also requires courts to grant a stay enforcement of such a judgment under specified circumstances.
This bill would additionally require a court to grant a stay of enforcement of a sister state judgment if a money judgment or lien on real property was obtained for the exercise of a right guaranteed by the United States Constitution, a right guaranteed by the California Constitution, or against a person or entity for aiding and abetting the exercise of those rights, as specified.
(5)Existing law prohibits an abortion from being performed upon an unemancipated minor unless she first has given her written consent to the abortion and also has obtained the written consent of one of her parents or legal guardian. Existing law provides specified judicial procedures to be followed if one or both of the unemancipated pregnant minor's or her guardian refuse to consent or if the minor elects not to seek their consent.
This bill would repeal these provisions.
(6)Existing law defines murder as the unlawful killing of a human being, or a fetus, with malice aforethought. Existing law creates an exemption for a person who commits an act that results in the death of a fetus under specific circumstances, including if the act is solicited, aided, abetted, or consented to by the person pregnant with the fetus.
This bill would expand that exemption to include a person pregnant with a fetus who committed the act that resulted in the death of the fetus.
(7)Existing law requires the Governor to recognize a demand for extradition of a person if the demand meets specified requirements. Existing law permits the Governor to recognize a demand for extradition of a person charged with committing an act in this state, or in a 3rd state, that results in a crime in the demanding state. Existing law requires a magistrate, upon the filing of a verified complaint, to issue a warrant directed to any peace officer commanding the officer to apprehend an individual in this state who is convicted, or has violated the terms of bail, probation, or parole, or who is charged with a crime, in another state and who is believed to be in this state.This bill would, except as required by federal law, prohibit the Governor from recognizing a demand for the extradition of a person charged with legally protected health care activity, as defined, unless the demanding state alleges that the person was physically present in the demanding state at the time of the commission of the alleged crime and then fled.(8)(7)Existing law prohibits a state or local law enforcement agency or officer from knowingly arresting or knowingly participating in the arrest of any person for performing, supporting, or aiding in the performance of an abortion or for obtaining an abortion, if the abortion is lawful in this state. Existing law prohibits a state or local public agency from cooperating with or providing information to an individual or agency from another state or a federal law enforcement agency, as specified, regarding a lawful abortion.
This bill would additionally prohibit a state or local government employee or a person acting on behalf of the local or state government, among others, from providing information or expending resources in furtherance of an investigation that seeks to impose civil or criminal liability or professional sanctions on an individual for a legally protected health care activity that occurred in this state or that would be legal if it occurred in this state. The bill would require any out-of-state subpoena subpoena, warrant, wiretap order, pen register trap and trace order, or other legal process to include an affidavit or declaration under penalty of perjury that the discovery request is not in connection with an out-of-state proceeding relating to a legally protected health care activity, except as specified. By requiring an individual seeking to discovery under these provisions to declare certain conditions are present under penalty of perjury, this bill would expand the crime of perjury and impose a state-mandated local program.
(9)(8)Existing law authorizes a magistrate to issue a warrant, upon application by a bail bondsman, as described, for an individual fleeing bail in another state and found in this state upon a finding of probable cause for believing that the person is a fugitive. Existing law makes it a misdemeanor to take a person who is a fugitive admitted to bail in another state into custody, except pursuant to a magistrates order.
This bill would prohibit a magistrate from issuing a warrant for the arrest of an individual whose alleged offense or conviction is for the violation of the laws of another state that authorize a criminal penalty to an individual performing, receiving, supporting, or aiding in the performance or receipt of sexual or reproductive health care, including, but not limited to, an abortion, contraception, or gender-affirming care if the sexual or reproductive health care is lawful under the laws of this state, regardless of the recipients location. The bill would make a bail bondsman who takes such an individual into custody without a warrant guilty of a misdemeanor an infraction punishable by a fine of $5,000 and ineligible for and subject to forfeiture of specified licenses. The bill would create a civil cause of action for an individual taken into custody in violation of this provision. By creating a new crime, this bill would create a state-mandated local program.
(10)(9)Existing law, the Bail Fugitive Recovery Persons Act, prohibits a person, other than a certified law enforcement officer, from apprehending, detaining, or arresting a bail fugitive unless the person is a licensed bail fugitive recovery agent, or both a bail licensee and private investigator who are also bail fugitive recovery agents. Existing law makes a violation of the Bail Fugitive Recovery Persons Act a misdemeanor.
This bill would prohibit a person authorized under the act from apprehending, detaining, or arresting a bail fugitive who has been admitted to bail in another state and whose alleged offense or conviction is for the violation of a law of another state that authorizes a criminal penalty to an individual performing, receiving, supporting, or aiding in the performance or receipt of sexual or reproductive health care, including, but not limited to, abortion, contraception, or gender-affirming care, if the sexual or reproductive health care is lawful under the laws of this state, regardless of the recipients location. The bill would make a violation of this provision a misdemeanor an infraction punishable by a fine of $5,000 and make the authorized individual ineligible for and subject to forfeiture of specified licenses. The bill would create a civil cause of action for an individual taken into custody in violation of this provision. By expanding the application of a crime, this bill would create a state-mandated local program.
(11)(10)Existing law establishes a process by which a material witness in this state may be ordered to attend and testify in a pending prosecution or grand jury in another state.
This bill would prohibit a judge from ordering a witness to appear pursuant to these provisions if the criminal prosecution is based on the laws of another state that authorizes a criminal penalty to an individual performing, receiving, supporting, or aiding in the performance or receipt of sexual or reproductive health care, including, but not limited to, an abortion, contraception, or gender-affirming care if the sexual or reproductive health care is lawful under the laws of this state.
(12)(11)Existing law provides for the California Work Opportunity and Responsibility to Kids (CalWORKs) program, under which each county provides cash assistance and other benefits to qualified low-income families and individuals. Existing federal law establishes the federal Supplemental Nutrition Assistance Program (SNAP), known in California as CalFresh, under which supplemental nutrition assistance benefits allocated to the state by the federal government are distributed to eligible individuals by each county. Existing federal regulations disqualify a fleeing felon, as defined, from receiving benefits under the CalFresh program.
This bill would require a determination that a person is fleeing to avoid prosecution for purposes of eligibility in the CalWORKs program if a federal, state, or local law enforcement officer in their official capacity presents an outstanding felony arrest warrant containing specified National Crime Information Center Uniform Offense Classification Codes.
(13)(12)Existing law refers to unborn children and unborn persons in various contexts, including, among others, defining low-risk pregnancy conditions for determining the scope of authorization of a certificate to practice nurse-midwifery, defining active labor for health facility licensing provisions, and defining spouse for California State Teachers Retirement System benefits.
This bill would replace unborn child and unborn person with fetus in those provisions.
(14)(13)Existing law also refers to unborn persons in various contexts, including naming unknown defendants in real property actions, allowing a court to appoint a guardian ad litem to advocate for inadequately represented interests in probate proceedings, allowing a guardian ad litem to give consent on behalf of a beneficiary who lacks legal capacity, and providing an exception for requiring a personal representative to file an account of the distributions of a decedents estate.
This bill would replace unborn person with unborn beneficiary in those provisions.
(15)(14)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
(15)This bill would incorporate additional changes to Section 2746.5 of the Business and Professions Code proposed by SB 667 to be operative only if this bill and SB 667 are enacted and this bill is enacted last.
(1)Existing law provides for the licensure and regulation of various categories of medical professionals by boards within the Department of Consumer Affairs, including, among others, the Medical Board of California and the Dental Board of California. Existing law makes specified actions by licensed health care providers unprofessional conduct and, in certain cases, a criminal offense.
This bill would prohibit a board from suspending or revoking the license of a person regulated under the above healing arts provisions solely because the person provided a legally protected health care activity. In this connection, the bill would define a legally protected health care activity to mean specified acts, including exercising rights related to reproductive health care services or gender-affirming health care services secured by the Constitution or the provision of insurance coverage for those services.
The bill would also prohibit a board from denying an application for licensure or suspending, revoking, or otherwise imposing discipline on a licensed person because they were disciplined or convicted of an offense in another state, if that disciplinary action was for providing a legally protected health care activity. The bill would further provide that the performance, recommendation, or provision of a legally protected health care activity by a health care practitioner acting within their scope of practice for a patient who resides in a state in which the performance, recommendation, or provision of that legally protected health care activity is illegal, does not, by itself, constitute professional misconduct, upon which discipline or other penalty may be taken.
(2)Existing law, the Confidentiality of Medical Information Act, generally prohibits a health care provider, health care service plan, contractor, or corporation from sharing, selling, using for marketing, or otherwise using medical information for a purpose not necessary to provide health care services to the patient.
This bill would prohibit a person or business from collecting, using, disclosing, or retaining the personal information of a person who is physically located at, or in close proximity to, within a precise geolocation of, a family planning center, as defined, beyond the minimum amount of personal information except as necessary to perform the services or provide the goods requested. The bill would prohibit the use of this information for any other purpose and would also prohibit the sale or sharing of this information. The bill would authorize an aggrieved person or entity to institute and prosecute a civil action for a violation of these provisions and specify damages and costs authorized to be recovered. The bill would specify these provisions do not apply to a provider of health care, a health care service plan, or a contractor, as defined.
(3)Existing law, the Reproductive Privacy Act, declares as contrary to the public policy of this state a law of another state that authorizes a person to bring a civil action against a person or entity that engages in certain activities relating to obtaining or performing an abortion. Existing law prohibits the state from applying an out-of-state law described above to a case or controversy in state court or enforcing or satisfying a civil judgment under the out-of-state law.
This bill would state that California law governs in any action against a person who provides or receives by any means, including telehealth, reproductive health care services or gender-affirming health care services, as specified, if the care was legal in the state in which it was provided at the time of the challenged conduct.
The bill would state that interference with the right to reproductive health care services, gender-affirming health care services, or gender-affirming mental health care services, as those terms are defined, is against the public policy of California. The bill would declare as a violation of public policy a public act or record of a foreign jurisdiction that, among other things, authorizes a person to bring a civil action against a person, provider, or other entity in California for, among other acts, seeking or providing reproductive health care services, gender-affirming health care services, or gender-affirmative mental health care services. The bill would authorize a person to institute a civil action against a person who engages in abusive litigation, as defined, that infringes on or interferes with a legally protected health care activity, among other things. The bill would specify damages and costs authorized to be recovered and would specify circumstances under which a court may exercise jurisdiction over a person in such a civil action. The bill would authorize an aggrieved person, provider, or other entity, as defined, to move to modify or quash a subpoena issued in connection with abusive litigation. The bill would specify the laws of California govern in a case or controversy heard in California related to reproductive health care services, gender-affirming health care services, or gender-affirming mental health care services, except as required by federal law.
(4)Existing law permits a judgment creditor to apply for the entry of a judgment based on a sister state judgment by filing an application with a superior court and requires the court clerk to enter a judgment based on the application. Existing law also requires courts to grant a stay enforcement of such a judgment under specified circumstances.
This bill would additionally require a court to grant a stay of enforcement of a sister state judgment if a money judgment or lien on real property was obtained for the exercise of a right guaranteed by the United States Constitution at the time the right was exercised, Constitution, a right guaranteed by the California Constitution, or against a person or entity for aiding and abetting the exercise of those rights, as specified.
(5)Existing law prohibits an abortion from being performed upon an unemancipated minor unless she first has given her written consent to the abortion and also has obtained the written consent of one of her parents or legal guardian. Existing law provides specified judicial procedures to be followed if one or both of the unemancipated pregnant minor's or her guardian refuse to consent or if the minor elects not to seek their consent.
This bill would repeal these provisions.
(5)(6)Existing law defines murder as the unlawful killing of a human being, or a fetus, with malice aforethought. Existing law creates an exemption for a person who commits an act that results in the death of a fetus under specific circumstances, including if the act is solicited, aided, abetted, or consented to by the person pregnant with the fetus.
This bill would expand that exemption to include a person pregnant with a fetus who committed the act that resulted in the death of the fetus.
(6)(7)Existing law requires the Governor to recognize a demand for extradition of a person if the demand meets specified requirements. Existing law permits the Governor to recognize a demand for extradition of a person charged with committing an act in this state, or in a 3rd state, that results in a crime in the demanding state. Existing law requires a magistrate, upon the filing of a verified complaint, to issue a warrant directed to any peace officer commanding the officer to apprehend an individual in this state who is convicted, or has violated the terms of bail, probation, or parole, or who is charged with a crime, in another state and who is believed to be in this state.
This bill would, except as required by federal law, prohibit the Governor from recognizing a demand for the extradition of a person charged with legally protected health care activity, as defined, unless the demanding state alleges that the person was physically present in the demanding state at the time of the commission of the alleged crime and then fled.
(7)(8)Existing law prohibits a state or local law enforcement agency or officer from knowingly arresting or knowingly participating in the arrest of any person for performing, supporting, or aiding in the performance of an abortion or for obtaining an abortion, if the abortion is lawful in this state. Existing law prohibits a state or local public agency from cooperating with or providing information to an individual or agency from another state or a federal law enforcement agency, as specified, regarding a lawful abortion.
This bill would additionally prohibit a state or local government employee or a person acting on behalf of the local or state government, among others, from providing information or expending resources in furtherance of an investigation that seeks to impose civil or criminal liability or professional sanctions on an individual for a legally protected health care activity that occurred in this state or that would be legal if it occurred in this state. The bill would require any out-of-state subpoena to include an affidavit or declaration under penalty of perjury that the discovery request is not in connection with an out-of-state proceeding relating to a legally protected health care activity, except as specified. By requiring an individual seeking to discovery under these provisions to declare certain conditions are present under penalty of perjury, this bill would expand the crime of perjury and impose a state-mandated local program.
(8)(9)Existing law authorizes a magistrate to issue a warrant, upon application by a bail bondsman, as described, for an individual fleeing bail in another state and found in this state upon a finding of probable cause for believing that the person is a fugitive. Existing law makes it a misdemeanor to take a person who is a fugitive admitted to bail in another state into custody, except pursuant to a magistrates order.
This bill would prohibit a magistrate from issuing a warrant for the arrest of an individual whose alleged offense or conviction is for the violation of the laws of another state that authorize a criminal penalty to an individual performing, receiving, supporting, or aiding in the performance or receipt of sexual or reproductive health care, including, but not limited to, an abortion, contraception, reproductive care, or gender-affirming care if the abortion, contraception, reproductive care, or gender-affirming sexual or reproductive health care is lawful under the laws of this state, regardless of the recipients location. The bill would make a bail bondsman who takes such an individual into custody without a warrant guilty of a misdemeanor and ineligible for and subject to forfeiture of specified licenses. The bill would create a civil cause of action for an individual taken into custody in violation of this provision. By creating a new crime, this bill would create a state-mandated local program.
(9)(10)Existing law, the Bail Fugitive Recovery Persons Act, prohibits a person, other than a certified law enforcement officer, from apprehending, detaining, or arresting a bail fugitive unless the person is a licensed bail fugitive recovery agent, or both a bail licensee and private investigator who are also bail fugitive recovery agents. Existing law makes a violation of the Bail Fugitive Recovery Persons Act a misdemeanor.
This bill would prohibit a person authorized under the act from apprehending, detaining, or arresting a bail fugitive who has been admitted to bail in another state and whose alleged offense or conviction is for the violation of a law of another state that authorizes a criminal penalty to an individual performing, receiving, supporting, or aiding in the performance or receipt of sexual or reproductive health care, including, but not limited to, abortion, contraception, reproductive care, or gender-affirming care, if the abortion, contraception, reproductive care, or gender-affirming sexual or reproductive health care is lawful under the laws of this state, regardless of the recipients location. The bill would make a violation of this provision a misdemeanor and make the authorized individual ineligible for and subject to forfeiture of specified licenses. The bill would create a civil cause of action for an individual taken into custody in violation of this provision. By expanding the application of a crime, this bill would create a state-mandated local program.
(10)(11)Existing law establishes a process by which a material witness in this state may be ordered to attend and testify in a pending prosecution or grand jury in another state.
This bill would prohibit a judge from ordering a witness to appear pursuant to these provisions if the criminal prosecution is based on the laws of another state that authorizes a criminal penalty to an individual performing, receiving, supporting, or aiding in the performance or receipt of sexual or reproductive health care, including, but not limited to, an abortion, contraception, reproductive care, or gender-affirming care if the abortion, contraception, reproductive care, or gender-affirming sexual or reproductive health care is lawful under the laws of this state.
(11)(12)Existing law provides for the California Work Opportunity and Responsibility to Kids (CalWORKs) program, under which each county provides cash assistance and other benefits to qualified low-income families and individuals. Existing federal law establishes the federal Supplemental Nutrition Assistance Program (SNAP), known in California as CalFresh, under which supplemental nutrition assistance benefits allocated to the state by the federal government are distributed to eligible individuals by each county. Existing federal regulations disqualify a fleeing felon, as defined, from receiving benefits under the CalFresh program.
This bill would require a determination that a person is fleeing to avoid prosecution for purposes of eligibility in the CalWORKs program if a federal, state, or local law enforcement officer in their official capacity presents an outstanding felony arrest warrant containing specified National Crime Information Center Uniform Offense Classification Codes.
(12)(13)Existing law refers to unborn children and unborn persons in various contexts, including, among others, defining low-risk pregnancy conditions for determining the scope of authorization of a certificate to practice nurse-midwifery, defining active labor for health facility licensing provisions, and defining spouse for California State Teachers Retirement System benefits.
This bill would replace unborn child and unborn person with fetus in those provisions.
(13)(14)Existing law also refers to unborn persons in various contexts, including naming unknown defendants in real property actions, allowing a court to appoint a guardian ad litem to advocate for inadequately represented interests in probate proceedings, allowing a guardian ad litem to give consent on behalf of a beneficiary who lacks legal capacity, and providing an exception for requiring a personal representative to file an account of the distributions of a decedents estate.
This bill would replace unborn person with unborn beneficiary in those provisions.
(14)(15)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
(1)Existing law provides for the licensure and regulation of various categories of medical professionals by boards within the Department of Consumer Affairs, including, among others, the Medical Board of California and the Dental Board of California. Existing law makes specified actions by licensed health care providers unprofessional conduct and, in certain cases, a criminal offense.
This bill would prohibit a board from suspending or revoking the license of a person regulated under the above healing arts provisions solely because the person provided a legally protected health care activity. In this connection, the bill would define a legally protected health care activity to mean specified acts, including exercising rights related to reproductive health care services or gender-affirming health care services secured by the Constitution or the provision of insurance coverage for those services.
The bill would also prohibit a board from denying an application for licensure or suspending, revoking, or otherwise imposing discipline on a licensed person because they were disciplined or convicted of an offense in another state, if that disciplinary action was for providing a legally protected health care activity. The bill would further provide that the performance, recommendation, or provision of a legally protected health care activity by a health care practitioner acting within their scope of practice for a patient who resides in a state in which the performance, recommendation, or provision of that legally protected health care activity is illegal, does not, by itself, constitute professional misconduct, upon which discipline or other penalty may be taken.
(2)Existing law, the Confidentiality of Medical Information Act, generally prohibits a health care provider, health care service plan, contractor, or corporation from sharing, selling, using for marketing, or otherwise using medical information for a purpose not necessary to provide health care services to the patient.
Existing law, as amended by the California Privacy Rights Act of 2020 (CPRA), an initiative approved by the voters at the November 3, 2020, statewide general election, imposes various obligations on businesses with respect to protecting consumer privacy and information, including requiring certain disclosures to consumers regarding a consumers rights under the act. The CPRA authorizes the Legislature to amend the act to further the purposes and intent of the act by a majority vote of both houses of the Legislature, as specified.This bill would prohibit a person or business from collecting, using, storing, or selling geographic data that contains disclosing, or retaining the personal information of a person who is physically located in at, or in close proximity to to, a family planning center, as defined, unless necessary and proportionate beyond the minimum amount of personal information necessary to perform the services or provide the goods requested. This bill would declare that its provisions further the purposes and intent of the CPRA. The bill would prohibit the use of this information for any other purpose and would also prohibit the sale or sharing of this information. The bill would authorize an aggrieved person or entity to institute and prosecute a civil action for a violation of these provisions and specify damages and costs authorized to be recovered.
(3)Existing law, the Reproductive Privacy Act, declares as contrary to the public policy of this state a law of another state that authorizes a person to bring a civil action against a person or entity that engages in certain activities relating to obtaining or performing an abortion. Existing law prohibits the state from applying an out-of-state law described above to a case or controversy in state court or enforcing or satisfying a civil judgment under the out-of-state law.
This bill would state that California law governs in any action against a person who provides or receives by any means, including telehealth, reproductive health care services or gender-affirming health care services, as specified, if the care was legal in the state in which it was provided at the time of the challenged conduct.
The bill would state that interference with the right to reproductive health care services, gender-affirming health care services, or gender-affirming mental health care services, as those terms are defined, is against the public policy of California. The bill would declare as a violation of public policy a public act or record of a foreign jurisdiction that, among other things, authorizes a person to bring a civil action against a person, provider, or other entity in California for, among other acts, seeking or providing reproductive services, gender-affirming health care services, or gender-affirmative mental health care services. The bill would authorize a person to institute a civil action against a person who engages in abusive litigation, as defined, that infringes on or interferes with a legally protected health care activity, among other things. The bill would specify damages and costs authorized to be recovered and would specify circumstances under which a court may exercise jurisdiction over a person in such a civil action. The bill would authorize an aggrieved person, provider, or other entity, as defined, to move to modify or quash a subpoena issued in connection with abusive litigation. The bill would specify the laws of California govern in a case or controversy heard in California related to reproductive health care services, gender-affirming health care services, or gender-affirming mental health care services, except as required by federal law.
(4)Existing law permits a judgment creditor to apply for the entry of a judgment based on a sister state judgment by filing an application with a superior court and requires the court clerk to enter a judgment based on the application. Existing law also requires courts to grant a stay enforcement of such a judgment under specified circumstances.
This bill would additionally require a court to grant a stay of enforcement of a sister state judgment if a money judgment or lien on real property was obtained for the exercise of a right guaranteed by the United States Constitution at the time the right was exercised, a right guaranteed by the California Constitution, or for aiding and abetting the exercise of those rights, as specified.
(5)Existing law defines murder as the unlawful killing of a human being, or a fetus, with malice aforethought. Existing law creates an exemption for a person who commits an act that results in the death of a fetus under specific circumstances, including if the act is solicited, aided, abetted, or consented to by the person pregnant with the fetus.
This bill would expand that exemption to include a person pregnant with a fetus who committed the act that resulted in the death of the fetus.
(6)Existing law requires the Governor to recognize a demand for extradition of a person if the demand meets specified requirements. Existing law permits the Governor to recognize a demand for extradition of a person charged with committing an act in this state, or in a 3rd state, that results in a crime in the demanding state. Existing law requires a magistrate, upon the filing of a verified complaint, to issue a warrant directed to any peace officer commanding the officer to apprehend an individual in this state who is convicted, or has violated the terms of bail, probation, or parole, or who is charged with a crime, in another state and who is believed to be in this state.
This bill would, except as required by federal law, prohibit the Governor from recognizing a demand for the extradition of a person charged with legally protected health care activity, as defined, unless the demanding state alleges that the person was physically present in the demanding state at the time of the commission of the alleged crime and then fled.
(7)Existing law prohibits a state or local law enforcement agency or officer from knowingly arresting or knowingly participating in the arrest of any person for performing, supporting, or aiding in the performance of an abortion or for obtaining an abortion, if the abortion is lawful in this state. Existing law prohibits a state or local public agency from cooperating with or providing information to an individual or agency from another state or a federal law enforcement agency, as specified, regarding a lawful abortion.
This bill would additionally prohibit a state or local government employee or a person acting on behalf of the local or state government, among others, from providing information or expending resources in furtherance of an investigation that seeks to impose civil or criminal liability or professional sanctions on an individual for a legally protected health care activity that occurred in this state or that would be legal if it occurred in this state. The bill would require any out-of-state subpoena to include an affidavit or declaration under penalty of perjury that the discovery request is not in connection with an out-of-state proceeding relating to a legally protected health care activity, except as specified. By requiring an individual seeking to discovery under these provisions to declare certain conditions are present under penalty of perjury, this bill would expand the crime of perjury and impose a state-mandated local program.
(8)Existing law authorizes a magistrate to issue a warrant, upon application by a bail bondsman, as described, for an individual fleeing bail in another state and found in this state upon a finding of probable cause for believing that the person is a fugitive. Existing law makes it a misdemeanor to take a person who is a fugitive admitted to bail in another state into custody, except pursuant to a magistrates order.
This bill would prohibit a magistrate from issuing a warrant for the arrest of an individual whose alleged offense or conviction is for the violation of the laws of another state that authorize a criminal penalty to an individual performing, receiving, supporting, or aiding in the performance or receipt of an abortion, contraception, reproductive care, or gender-affirming care if the abortion, contraception, reproductive care, or gender-affirming care is lawful under the laws of this state, regardless of the recipients location. The bill would make a bail bondsman who takes such an individual into custody without a warrant guilty of a misdemeanor and ineligible for and subject to forfeiture of specified licenses. The bill would create a civil cause of action for an individual taken into custody in violation of this provision. By creating a new crime, this bill would create a state-mandated local program.
(9)Existing law, the Bail Fugitive Recovery Persons Act, prohibits a person, other than a certified law enforcement officer, from apprehending, detaining, or arresting a bail fugitive unless the person is a licensed bail fugitive recovery agent, or both a bail licensee and private investigator who are also bail fugitive recovery agents. Existing law makes a violation of the Bail Fugitive Recovery Persons Act a misdemeanor.
This bill would prohibit a person authorized under the act from apprehending, detaining, or arresting a bail fugitive who has been admitted to bail in another state and whose alleged offense or conviction is for the violation of a law of another state that authorizes a criminal penalty to an individual performing, receiving, supporting, or aiding in the performance or receipt of abortion, contraception, reproductive care, or gender-affirming care, if the abortion, contraception, reproductive care, or gender-affirming care is lawful under the laws of this state, regardless of the recipients location. The bill would make a violation of this provision a misdemeanor and make the authorized individual ineligible for and subject to forfeiture of specified licenses. The bill would create a civil cause of action for an individual taken into custody in violation of this provision. By expanding the application of a crime, this bill would create a state-mandated local program.
(10)Existing law establishes a process by which a material witness in this state may be ordered to attend and testify in a pending prosecution or grand jury in another state.
This bill would prohibit a judge from ordering a witness to appear pursuant to these provisions if the criminal prosecution is based on the laws of another state that authorizes a criminal penalty to an individual performing, receiving, supporting, or aiding in the performance or receipt of an abortion, contraception, reproductive care, or gender-affirming care if the abortion, contraception, reproductive care, or gender-affirming care is lawful under the laws of this state.
(11)Existing law provides for the California Work Opportunity and Responsibility to Kids (CalWORKs) program, under which each county provides cash assistance and other benefits to qualified low-income families and individuals. Existing federal law establishes the federal Supplemental Nutrition Assistance Program (SNAP), known in California as CalFresh, under which supplemental nutrition assistance benefits allocated to the state by the federal government are distributed to eligible individuals by each county. Existing federal regulations disqualify a fleeing felon, as defined, from receiving benefits under the CalFresh program.
This bill would require a determination that a person is fleeing to avoid prosecution for purposes of eligibility in the CalWORKs program if a federal, state, or local law enforcement officer in their official capacity presents an outstanding felony arrest warrant containing specified National Crime Information Center Uniform Offense Classification Codes.
(12)Existing law refers to unborn children and unborn persons in various contexts, including, among others, defining low-risk pregnancy conditions for determining the scope of authorization of a certificate to practice nurse-midwifery, defining active labor for health facility licensing provisions, and defining spouse for California State Teachers Retirement System benefits.
This bill would replace unborn child and unborn person with fetus in those provisions.
(13)Existing law also refers to unborn persons in various contexts, including naming unknown defendants in real property actions, allowing a court to appoint a guardian ad litem to advocate for inadequately represented interests in probate proceedings, allowing a guardian ad litem to give consent on behalf of a beneficiary who lacks legal capacity, and providing an exception for requiring a personal representative to file an account of the distributions of a decedents estate.
This bill would replace unborn person with unborn beneficiary in those provisions.
(14)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
(1)Existing law provides for the licensure and regulation of various categories of medical professionals by boards within the Department of Consumer Affairs, including, among others, the Medical Board of California and the Dental Board of California. Existing law makes specified actions by licensed health care providers unprofessional conduct and, in certain cases, a criminal offense.
This bill would prohibit a board from suspending or revoking the license of a person regulated under the above healing arts provisions solely because the person provided a legally protected health care activity. In this connection, the bill would define a legally protected health care activity to mean specified acts, including exercising rights related to reproductive health care services or gender-affirming health care services secured by the Constitution or the provision of insurance coverage for those services.
The bill would also prohibit a board from denying an application for licensure or suspending, revoking, or otherwise imposing discipline on a licensed person because they were disciplined or convicted of an offense in another state, if that disciplinary action was for providing a legally protected health care activity. The bill would further provide that the performance, recommendation, or provision of a legally protected health care activity by a health care practitioner acting within their scope of practice for a patient who resides in a state in which the performance, recommendation, or provision of that legally protected health care activity is illegal, does not, by itself, constitute professional misconduct, upon which discipline or other penalty may be taken.
(2)Existing law, the Confidentiality of Medical Information Act, generally prohibits a health care provider, health care service plan, contractor, or corporation from sharing, selling, using for marketing, or otherwise using medical information for a purpose not necessary to provide health care services to the patient.
Existing law, as amended by the California Privacy Rights Act of 2020 (CPRA), an initiative approved by the voters at the November 3, 2020, statewide general election, imposes various obligations on businesses with respect to protecting consumer privacy and information, including requiring certain disclosures to consumers regarding a consumers rights under the act. The CPRA authorizes the Legislature to amend the act to further the purposes and intent of the act by a majority vote of both houses of the Legislature, as specified.
This bill would prohibit a person or business from tracking, collecting, using, storing, or selling geographic data that contains the personally identifying personal information of a person physically located in or in close proximity to a family planning center, as defined. defined, unless necessary and proportionate to perform the services or provide the goods requested. This bill would declare that its provisions further the purposes and intent of the CPRA.
(3)Existing law, the Reproductive Privacy Act, declares as contrary to the public policy of this state a law of another state that authorizes a person to bring a civil action against a person or entity that engages in certain activities relating to obtaining or performing an abortion. Existing law prohibits the state from applying an out-of-state law described above to a case or controversy in state court or enforcing or satisfying a civil judgment under the out-of-state law.
This bill would state that California law governs in any action against a person who provides or receives by any means, including telehealth, reproductive health care services or gender-affirming health care services, as specified, if the care was legal in the state in which it was provided at the time of the challenged conduct.
The bill would state that interference with the right to reproductive health care services, gender-affirming health care services, or gender-affirming mental health care services, as those terms are defined, is against the public policy of California. The bill would declare as a violation of public policy a public act or record of a foreign jurisdiction that, among other things, authorizes a person to bring a civil action against a person, provider, or other entity in California for, among other acts, seeking or providing reproductive services, gender-affirming health care services, or gender-affirmative mental health care services. The bill would authorize a person to institute a civil action against a person who engages in abusive litigation, as defined, that infringes on or interferes with a legally protected health care activity, among other things. The bill would specify damages and costs authorized to be recovered and would specify circumstances under which a court may exercise jurisdiction over a person in such a civil action. The bill would authorize an aggrieved person, provider, or other entity, as defined, to move to modify or quash a subpoena issued in connection with abusive litigation. The bill would specify the laws of California govern in a case or controversy heard in California related to reproductive health care services, gender-affirming health care services, or gender-affirming mental health care services, except as required by federal law.
(4)Existing law permits a judgment creditor to apply for the entry of a judgment based on a sister state judgment by filing an application with a superior court and requires the court clerk to enter a judgment based on the application. Existing law also requires courts to grant a stay enforcement of such a judgment under specified circumstances.
This bill would additionally require a court to grant a stay of enforcement of a sister state judgment if a money judgment or lien on real property was obtained for the exercise of a right guaranteed by the United States Constitution at the time the right was exercised, a right guaranteed by the California Constitution, or for aiding and abetting the exercise of those rights. rights, as specified.
(5)Existing law defines murder as the unlawful killing of a human being, or a fetus, with malice aforethought. Existing law creates an exemption for a person who commits an act that results in the death of a fetus under specific circumstances, including if the act is solicited, aided, abetted, or consented to by the mother of the fetus. person pregnant with the fetus.
This bill would expand that exemption to include a mother person pregnant with a fetus who committed the act that resulted in the death of the fetus.
(6)Existing law requires the Governor to recognize a demand for extradition of a person if the demand meets specified requirements. Existing law permits the Governor to recognize a demand for extradition of a person charged with committing an act in this state, or in a 3rd state, that results in a crime in the demanding state. Existing law requires a magistrate, upon the filing of a verified complaint, to issue a warrant directed to any peace officer commanding the officer to apprehend an individual in this state who is convicted, or has violated the terms of bail, probation, or parole, or who is charged with a crime, in another state and who is believed to be in this state.
This bill would, except as required by federal law, prohibit the Governor from recognizing a demand for the extradition of a person charged with legally protected health care activity, as defined, unless the demanding state alleges that the person was physically present in the demanding state at the time of the commission of the alleged crime and then fled.
(7)Existing law prohibits a state or local law enforcement agency or officer from knowingly arresting or knowingly participating in the arrest of any person for performing, supporting, or aiding in the performance of an abortion or for obtaining an abortion, if the abortion is lawful in this state. Existing law prohibits a state or local public agency from cooperating with or providing information to an individual or agency from another state or a federal law enforcement agency, as specified, regarding a lawful abortion.
This bill would additionally prohibit a state or local government employee or a person acting on behalf of the local or state government, among others, from providing information or expending resources in furtherance of an investigation that seeks to impose civil or criminal liability or professional sanctions on an individual for a legally protected health care activity that occurred in this state or that would be legal if it occurred in this state. The bill would require any out-of-state subpoena to include an affidavit or declaration under penalty of perjury that the discovery request is not in connection with an out-of-state proceeding relating to a legally protected health care activity, except as specified. By requiring an individual seeking to discovery under these provisions to declare certain conditions are present under penalty of perjury, this bill would expand the crime of perjury and impose a state-mandated local program.
(8)Existing law authorizes a magistrate to issue a warrant, upon application by a bail bondsman, as described, for an individual fleeing bail in another state and found in this state upon a finding of probable cause for believing that the person is a fugitive. Existing law makes it a misdemeanor to take a person who is a fugitive admitted to bail in another state into custody, except pursuant to a magistrates order.
This bill would prohibit a magistrate from issuing a warrant for the arrest of an individual whose alleged offense or conviction is for the violation of the laws of another state that authorize a criminal penalty to an individual performing, receiving, supporting, or aiding in the performance or receipt of an abortion, contraception, reproductive care, or gender-affirming care if the abortion, contraception, reproductive care, or gender-affirming care is lawful under the laws of this state, regardless of the recipients location. The bill would make a bail bondsman who takes such an individual into custody without a warrant guilty of a misdemeanor and ineligible for and subject to forfeiture of specified licenses. The bill would create a civil cause of action for an individual taken into custody in violation of this provision. By creating a new crime, this bill would create a state-mandated local program.
(9)Existing law, the Bail Fugitive Recovery Persons Act, prohibits a person, other than a certified law enforcement officer, from apprehending, detaining, or arresting a bail fugitive unless the person is a licensed bail fugitive recovery agent, or both a bail licensee and private investigator who are also bail fugitive recovery agents. Existing law makes a violation of the Bail Fugitive Recovery Persons Act a misdemeanor.
This bill would prohibit a person authorized under the act from apprehending, detaining, or arresting a bail fugitive who has been admitted to bail in another state and whose alleged offense or conviction is for the violation of a law of another state that authorizes a criminal penalty to an individual performing, receiving, supporting, or aiding in the performance or receipt of abortion, contraception, reproductive care, or gender-affirming care, if the abortion, contraception, reproductive care, or gender-affirming care is lawful under the laws of this state, regardless of the recipients location. The bill would make a violation of this provision a misdemeanor and make the authorized individual ineligible for and subject to forfeiture of specified licenses. The bill would create a civil cause of action for an individual taken into custody in violation of this provision. By expanding the application of a crime, this bill would create a state-mandated local program.
(10)Existing law establishes a process by which a material witness in this state may be ordered to attend and testify in a pending prosecution or grand jury in another state.
This bill would prohibit a judge from ordering a witness to appear pursuant to these provisions if the criminal prosecution is based on the laws of another state that authorizes a criminal penalty to an individual performing, receiving, supporting, or aiding in the performance or receipt of an abortion, contraception, reproductive care, or gender-affirming care if the abortion, contraception, reproductive care, or gender-affirming care is lawful under the laws of this state.
(11)Existing law provides for the California Work Opportunity and Responsibility to Kids (CalWORKs) program, under which each county provides cash assistance and other benefits to qualified low-income families and individuals. Existing federal law establishes the federal Supplemental Nutrition Assistance Program (SNAP), known in California as CalFresh, under which supplemental nutrition assistance benefits allocated to the state by the federal government are distributed to eligible individuals by each county. Existing federal regulations disqualify a fleeing felon, as defined, from receiving benefits under the CalFresh program.
This bill would require a determination that a person is fleeing to avoid prosecution for purposes of eligibility in the CalWORKs program if a federal, state, or local law enforcement officer in their official capacity presents an outstanding felony arrest warrant containing specified National Crime Information Center Uniform Offense Classification Codes.
(8)(12)Existing law refers to unborn children and unborn persons in various contexts, including, among others, defining low-risk pregnancy conditions for determining the scope of authorization of a certificate to practice nurse-midwifery, defining active labor for health facility licensing provisions, and defining spouse for California State Teachers Retirement System benefits.
This bill would replace unborn child and unborn person with fetus in those provisions.
(9)(13)Existing law also refers to unborn persons in various contexts, including naming unknown defendants in real property actions, allowing a court to appoint a guardian ad litem to advocate for inadequately represented interests in probate proceedings, allowing a guardian ad litem to give consent on behalf of a beneficiary who lacks legal capacity, and providing an exception for requiring a personal representative to file an account of the distributions of a decedents estate.
This bill would replace unborn person with unborn beneficiary in those provisions.
(10)(14)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
(1)Existing law provides for the licensure and regulation of various categories of medical professionals by boards within the Department of Consumer Affairs, including, among others, the Medical Board of California and the Dental Board of California. Existing law makes specified actions by licensed health care providers unprofessional conduct and, in certain cases, a criminal offense.
This bill would prohibit a board from suspending or revoking the license of a person regulated under the above healing arts provisions solely because the person provided a legally protected health care activity. In this connection, the bill would define a legally protected health care activity to mean specified acts, including exercising rights related to reproductive health care services or gender-affirming health care services secured by the Constitution or the provision of insurance coverage for those services.
The bill would also prohibit a board from denying an application for licensure or suspending, revoking, or otherwise imposing discipline on a licensed person because they were disciplined or convicted of an offense in another state, if that disciplinary action was for providing a legally protected health care activity. The bill would further provide that the performance, recommendation, or provision of a legally protected health care activity by a health care practitioner acting within their scope of practice for a patient who resides in a state in which the performance, recommendation, or provision of that legally protected health care activity is illegal, does not, by itself, constitute professional misconduct, upon which discipline or other penalty may be taken.
(2)Existing law, the Confidentiality of Medical Information Act, generally prohibits a health care provider, health care service plan, contractor, or corporation from sharing, selling, using for marketing, or otherwise using medical information for a purpose not necessary to provide health care services to the patient.
Existing law, as amended by the California Privacy Rights Act of 2020 (CPRA), an initiative approved by the voters at the November 3, 2020, statewide general election, imposes various obligations on businesses with respect to protecting consumer privacy and information, including requiring certain disclosures to consumers regarding a consumers rights under the act. The CPRA authorizes the Legislature to amend the act to further the purposes and intent of the act by a majority vote of both houses of the Legislature, as specified.
This bill would prohibit a person or business that tracks, uses, collects, or stores geographic location data from tracking, using, storing, or selling geographic data that contains the personally identifying information of a person physically located in or in close proximity to a family planning center, as defined. This bill would declare that its provisions further the purposes and intent of the CPRA.
(3)Existing law, the Reproductive Privacy Act, declares as contrary to the public policy of this state a law of another state that authorizes a person to bring a civil action against a person or entity that engages in certain activities relating to obtaining or performing an abortion. Existing law prohibits the state from applying an out-of-state law described above to a case or controversy in state court or enforcing or satisfying a civil judgment under the out-of-state law.
This bill would state that California law governs in any action against a person who provides or receives by any means, including telehealth, reproductive health care services or gender-affirming health care services, as specified, if the care was legal in the state in which it was provided at the time of the challenged conduct.
The bill would state that interference with the right to reproductive health care services and gender-affirming health care services, gender-affirming health care services, or gender-affirming mental health care services, as those terms are defined, is against the public policy of California. The bill would declare as a violation of public policy a public act or record of a foreign jurisdiction that, among other things, authorizes a person to bring a civil action against a person, provider, or other entity in California for, among other acts, seeking or providing reproductive or services, gender-affirming health care services, or gender-affirmative mental health care services. The bill would authorize a person to institute and prosecute a civil action against a person who engages in abusive litigation, as defined, that infringes on or interferes with a legally protected health care activity, among other things. The bill would specify damages and costs authorized to be recovered and would specify circumstances under which a court may exercise jurisdiction over a person in such a civil action. The bill would authorize an aggrieved person, provider, or other entity entity, as defined, to move to modify or quash a subpoena issued in connection with abusive litigation. The bill would specify the laws of California govern in a case or controversy heard in California related to reproductive or gender-affirming health care reproductive health care services, gender-affirming health care services, or gender-affirming mental health care services, except as required by federal law.
(4)Existing law permits a judgment creditor to apply for the entry of a judgment based on a sister state judgment by filing an application with a superior court and requires the court clerk to enter a judgment based on the application. Existing law also requires courts to grant a stay enforcement of such a judgment under specified circumstances.
This bill would additionally require a court to grant a stay of enforcement of a sister state judgment if a money judgment or lien on real property was obtained for the exercise of a right guaranteed by the United States Constitution at the time the right was exercised, a right guaranteed by the California Constitution, or for aiding and abetting the exercise of those rights.
(5)Existing law defines murder as the unlawful killing of a human being, or a fetus, with malice aforethought. Existing law creates an exemption for a person who commits an act that results in the death of a fetus under specific circumstances, including if the act is solicited, aided, abetted, or consented to by the mother of the fetus.
This bill would expand that exemption to include a mother who committed the act that resulted in the death of the fetus.
(6)Existing law requires the Governor to recognize a demand for extradition of a person if the demand meets specified requirements. Existing law permits the Governor to recognize a demand for extradition of a person charged with committing an act in this state, or in a 3rd state, that results in a crime in the demanding state. Existing law requires a magistrate, upon the filing of a verified complaint, to issue a warrant directed to any peace officer commanding the officer to apprehend an individual in this state who is convicted, or has violated the terms of bail, probation, or parole, or who is charged with a crime, in another state and who is believed to be in this state.
This bill would, except as required by federal law, prohibit the Governor from recognizing a demand for the extradition of a person charged with legally protected health care activity, as defined, unless the demanding state alleges that the person was physically present in the demanding state at the time of the commission of the alleged crime and then fled.
(7)Existing law prohibits a state or local law enforcement agency or officer from knowingly arresting or knowingly participating in the arrest of any person for performing, supporting, or aiding in the performance of an abortion or for obtaining an abortion, if the abortion is lawful in this state. Existing law prohibits a state or local public agency from cooperating with or providing information to an individual or agency from another state or a federal law enforcement agency, as specified, regarding a lawful abortion.
This bill would additionally prohibit a state or local government employee or a person acting on behalf of the local or state government, among others, from providing information or expending resources in furtherance of an investigation that seeks to impose civil or criminal liability or professional sanctions on an individual for a legally protected health care activity that occurred in this state or that would be legal if it occurred in this state. The bill would require any out-of-state subpoena to include an affidavit or declaration under penalty of perjury that the discovery request is not in connection with an out-of-state proceeding relating to a legally protected health care activity, except as specified. By requiring an individual seeking to discovery under these provisions to declare certain conditions are present under penalty of perjury, this bill would expand the crime of perjury and impose a state-mandated local program.
(8)Existing law refers to unborn children and unborn persons in various contexts, including, among others, defining low-risk pregnancy conditions for determining the scope of authorization of a certificate to practice nurse-midwifery, defining active labor for health facility licensing provisions, and defining spouse for California State Teachers Retirement System benefits.
This bill would replace unborn child and unborn person with fetus in those provisions.
(9)Existing law also refers to unborn persons in various contexts, including naming unknown defendants in real property actions, allowing a court to appoint a guardian ad litem to advocate for inadequately represented interests in probate proceedings, allowing a guardian ad litem to give consent on behalf of a beneficiary who lacks legal capacity, and providing an exception for requiring a personal representative to file an account of the distributions of a decedents estate.
This bill would replace unborn person with unborn beneficiary in those provisions.
(10)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
(1)Existing law provides for the licensure and regulation of various categories of medical professionals by boards within the Department of Consumer Affairs, including, among others, the Medical Board of California and the Dental Board of California. Existing law makes specified actions by licensed health care providers unprofessional conduct and, in certain cases, a criminal offense.
This bill would prohibit a board from suspending or revoking the license of a person regulated under the above healing arts provisions solely because the person provided a legally protected health care activity. In this connection, the bill would define a legally protected health care activity to mean specified acts, including exercising rights related to reproductive health care services or gender-affirming health care services secured by the Constitution or the provision of insurance coverage for those services.
The bill would also prohibit a board from denying an application for licensure or suspending, revoking, or otherwise imposing discipline on a licensed person because they were disciplined or convicted of an offense in another state, if that disciplinary action was for providing a legally protected health care activity. The bill would further provide that the performance, recommendation, or provision of a legally protected health care activity by a health care practitioner acting within their scope of practice for a patient who resides in a state in which the performance, recommendation, or provision of that legally protected health care activity is illegal, does not, by itself, constitute professional misconduct, upon which discipline or other penalty may be taken.
(2)Existing law, the Confidentiality of Medical Information Act, generally prohibits a health care provider, health care service plan, contractor, or corporation from sharing, selling, using for marketing, or otherwise using medical information for a purpose not necessary to provide health care services to the patient.
Existing law, as amended by the California Privacy Rights Act of 2020 (CPRA), an initiative approved by the voters at the November 3, 2020, statewide general election, imposes various obligations on businesses with respect to protecting consumer privacy and information, including requiring certain disclosures to consumers regarding a consumers rights under the act. The CPRA authorizes the Legislature to amend the act to further the purposes and intent of the act by a majority vote of both houses of the Legislature, as specified.
This bill would prohibit a business that tracks, uses, collects, or stores geographic location data from tracking, using, storing, or selling data that contains the personally identifying information of a person physically located in or in close proximity to a family planning center, as defined. This bill would declare that its provisions further the purposes and intent of the CPRA.
(3)Existing law, the Reproductive Privacy Act, declares as contrary to the public policy of this state a law of another state that authorizes a person to bring a civil action against a person or entity that engages in certain activities relating to obtaining or performing an abortion. Existing law prohibits the state from applying an out-of-state law described above to a case or controversy in state court or enforcing or satisfying a civil judgment under the out-of-state law.
This bill would state that California law governs in any action against a person who provides or receives by any means, including telehealth, reproductive health care services or gender-affirming health care services, as specified, if the provider was located in California care was legal in the state in which it was provided at the time of the challenged conduct.
The bill would state that interference with the right to reproductive health care services and gender-affirming health care services, as those terms are defined, is against the public policy of California. The bill would declare as a violation of public policy a public act or record of a foreign jurisdiction that, among other things, authorizes a person to bring a civil action against a person, provider, or other entity in California for, among other acts, seeking or providing reproductive or gender-affirming health care services. The bill would authorize a person to institute and prosecute a civil action against a person who engages in abusive litigation, as defined, that infringes on or interferes with a legally protected health care activity, among other things. The bill would specify damages and costs authorized to be recovered and would specify circumstances under which a court may exercise jurisdiction over a person in such a civil action. The bill would authorize an aggrieved person, provider, or other entity to move to modify or quash a subpoena issued in connection with abusive litigation. The bill would specify the laws of California govern in a case or controversy heard in California related to reproductive or gender-affirming health care services, except as required by federal law.
(4)Existing law permits a judgment creditor to apply for the entry of a judgment based on a sister state judgment by filing an application with a superior court and requires the court clerk to enter a judgment based on the application. Existing law also requires courts to grant a stay enforcement of such a judgment under specified circumstances.
This bill would additionally require a court to grant a stay of enforcement of a sister state judgment if a money judgment or lien on real property was obtained for the exercise of a right guaranteed by the United States Constitution at the time the right was exercised, a right guaranteed by the California Constitution, or for aiding and abetting the exercise of those rights.
(5)Existing law defines murder as the unlawful killing of a human being, or a fetus, with malice aforethought. Existing law creates an exemption for a person who commits an act that results in the death of a fetus under specific circumstances, including if the act is solicited, aided, abetted, or consented to by the mother of the fetus.
This bill would expand that exemption to include a mother who committed the act that resulted in the death of the fetus.
(6)Existing law requires the Governor to recognize a demand for extradition of a person if the demand meets specified requirements. Existing law permits the Governor to recognize a demand for extradition of a person charged with committing an act in this state, or in a 3rd state, that results in a crime in the demanding state. Existing law requires a magistrate, upon the filing of a verified complaint, to issue a warrant directed to any peace officer commanding the officer to apprehend an individual in this state who is convicted, or has violated the terms of bail, probation, or parole, or who is charged with a crime, in another state and who is believed to be in this state.
This bill would, except as required by federal law, prohibit the Governor from recognizing a demand for the extradition of a person charged with legally protected health care activity, as defined, unless the demanding state alleges that the person was physically present in the demanding state at the time of the commission of the alleged crime and then fled.
(7)Existing law prohibits a state or local law enforcement agency or officer from knowingly arresting or knowingly participating in the arrest of any person for performing, supporting, or aiding in the performance of an abortion or for obtaining an abortion, if the abortion is lawful in this state. Existing law prohibits a state or local public agency from cooperating with or providing information to an individual or agency from another state or a federal law enforcement agency, as specified, regarding a lawful abortion.
This bill would additionally prohibit a state or local government employee or a person acting on behalf of the local or state government, among others, from providing information or expending resources in furtherance of an investigation that seeks to impose civil or criminal liability or professional sanctions on an individual for a legally protected health activity occurring in this state. care activity that occurred in this state or that would be legal if it occurred in this state. The bill would require any out-of-state subpoena to include an affidavit or declaration under penalty of perjury that the discovery request is not in connection with an out-of-state proceeding relating to a legally protected health care activity, except as specified. By requiring an individual seeking to discovery under these provisions to declare certain conditions are present under penalty of perjury, this bill would expand the crime of perjury and impose a state-mandated local program.
(8)Existing law refers to unborn children and unborn persons in various contexts, including, among others, defining low-risk pregnancy conditions for determining the scope of authorization of a certificate to practice nurse-midwifery, defining active labor for health facility licensing provisions, and defining spouse for California State Teachers Retirement System benefits.
This bill would replace unborn child and unborn person with fetus in those provisions.
(9)Existing law also refers to unborn persons in various contexts, including naming unknown defendants in real property actions, allowing a court to appoint a guardian ad litem to advocate for inadequately represented interests in probate proceedings, allowing a guardian ad litem to give consent on behalf of a beneficiary who lacks legal capacity, and providing an exception for requiring a personal representative to file an account of the distributions of a decedents estate.
This bill would replace unborn person with unborn beneficiary in those provisions.
(10)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
(1)Existing law provides for the licensure and regulation of various categories of medical professionals by boards within the Department of Consumer Affairs, including, among others, the Medical Board of California and the Dental Board of California. Existing law makes specified actions by licensed health care providers unprofessional conduct and, in certain cases, a criminal offense.
This bill would prohibit a board from suspending or revoking the license of a person regulated under the above healing arts provisions solely because the person provided a legally protected health care activity. In this connection, the bill would define a legally protected health care activity to mean specified acts, including exercising rights related to reproductive health care services or gender-affirming health care services secured by the Constitution or the provision of insurance coverage for those services.
The bill would also prohibit a board from denying an application for licensure or suspending, revoking, or otherwise imposing discipline on a licensed person because they were disciplined or convicted of an offense in another state, if that disciplinary action was for providing a legally protected health care activity. The bill would further provide that the performance, recommendation, or provision of a legally protected health care activity by a health care practitioner acting within their scope of practice for a patient who resides in a state in which the performance, recommendation, or provision of that legally protected health care activity is illegal, does not, by itself, constitute professional misconduct, upon which discipline or other penalty may be taken.
(2)Existing law, the Confidentiality of Medical Information Act, generally prohibits a health care provider, health care service plan, contractor, or corporation from sharing, selling, using for marketing, or otherwise using medical information for a purpose not necessary to provide health care services to the patient.
Existing law, as amended by the California Privacy Rights Act of 2020 (CPRA), an initiative approved by the voters at the November 3, 2020, statewide general election, imposes various obligations on businesses with respect to protecting consumer privacy and information, including requiring certain disclosures to consumers regarding a consumers rights under the act. The CPRA authorizes the Legislature to amend the act to further the purposes and intent of the act by a majority vote of both houses of the Legislature, as specified.
This bill would prohibit a business that tracks, uses, collects, or stores geographic location data from tracking, using, storing, or selling data that contains the personally identifying information of a person physically located in or in close proximity to a family planning center, as defined. This bill would declare that its provisions further the purposes and intent of the CPRA.
(3)Existing law, the Reproductive Privacy Act, declares as contrary to the public policy of this state a law of another state that authorizes a person to bring a civil action against a person or entity that engages in certain activities relating to obtaining or performing an abortion. Existing law prohibits the state from applying an out-of-state law described above to a case or controversy in state court or enforcing or satisfying a civil judgment under the out-of-state law.
This bill would state that California law governs in any action against a person who provides or receives by any means, including telehealth, reproductive health care services or gender-affirming health care services, as specified, if the provider was located in California at the time of the challenged conduct.
The bill would state that interference with the right to reproductive health care services and gender-affirming health care services, as those terms are defined, is against the public policy of California. The bill would declare as a violation of public policy a public act or record of a foreign jurisdiction that, among other things, authorizes a person to bring a civil action against a person, provider, or other entity in California for, among other acts, seeking or providing reproductive or gender-affirming health care services. The bill would authorize a person to institute and prosecute a civil action against a person who engages in abusive litigation, as defined, that infringes on or interferes with a legally protected health care activity, among other things. The bill would specify damages and costs authorized to be recovered and would specify circumstances under which a court may exercise jurisdiction over a person in such a civil action. The bill would authorize an aggrieved person, provider, or other entity to move to modify or quash a subpoena issued in connection with abusive litigation. The bill would specify the laws of California govern in a case or controversy heard in California related to reproductive or gender-affirming health care services, except as required by federal law.
(4)Existing law permits a judgment creditor to apply for the entry of a judgment based on a sister state judgment by filing an application with a superior court and requires the court clerk to enter a judgment based on the application. Existing law also requires courts to grant a stay enforcement of such a judgment under specified circumstances.
This bill would additionally require a court to grant a stay of enforcement of a sister state judgment if a money judgment was obtained for the exercise of a right guaranteed by the United States Constitution at the time the right was exercised, a right guaranteed by the California Constitution, or for aiding and abetting the exercise of those rights.
(1)(5)Existing law defines murder as the unlawful killing of a human being, or a fetus, with malice aforethought. Existing law creates an exemption for a person who commits an act that results in the death of a fetus under specific circumstances, including if the act is solicited, aided, abetted, or consented to by the mother of the fetus.
This bill would expand that exemption to include a mother who committed the act that resulted in the death of the fetus.
(6)Existing law requires the Governor to recognize a demand for extradition of a person if the demand meets specified requirements. Existing law requires a magistrate, upon the filing of a verified complaint, to issue a warrant directed to any peace officer commanding the officer to apprehend an individual in this state who is convicted, or has violated the terms of bail, probation, or parole, or who is charged with a crime, in another state and who is believed to be in this state.
This bill would, except as required by federal law, prohibit the Governor from recognizing a demand for the extradition of a person charged with legally protected health activity, as defined, unless the demanding state alleges that the person was physically present in the demanding state at the time of the commission of the alleged crime and then fled.
(7)Existing law prohibits a state or local law enforcement agency or officer from knowingly arresting or knowingly participating in the arrest of any person for performing, supporting, or aiding in the performance of an abortion or for obtaining an abortion, if the abortion is lawful in this state. Existing law prohibits a state or local public agency from cooperating with or providing information to an individual or agency from another state or a federal law enforcement agency, as specified, regarding a lawful abortion.
This bill would additionally prohibit a state or local government employee or a person acting on behalf of the local or state government, among others, from providing information or expending resources in furtherance of an investigation that seeks to impose civil or criminal liability or professional sanctions on an individual for a legally protected health activity occurring in this state.
(8)Existing law refers to unborn children and unborn persons in various contexts, including, among others, defining low-risk pregnancy conditions for determining the scope of authorization of a certificate to practice nurse-midwifery, defining active labor for health facility licensing provisions, and defining spouse for California State Teachers Retirement System benefits.
This bill would replace unborn child and unborn person with fetus in those provisions.
(2)(9)Existing law also refers to unborn persons in various contexts, including naming unknown defendants in real property actions, allowing a court to appoint a guardian ad litem to advocate for inadequately represented interests in probate proceedings, allowing a guardian ad litem to give consent on behalf of a beneficiary who lacks legal capacity, and providing an exception for requiring a personal representative to file an account of the distributions of a decedents estate.
This bill would replace unborn person with unborn beneficiary in those provisions.
(1)Existing law refers to unborn children and unborn persons in various contexts, including, among others, defining low-risk pregnancy conditions for determining the scope of authorization of a certificate to practice nurse-midwifery, defining active labor for health facility licensing provisions, and defining spouse for California State Teachers Retirement System benefits.
This bill would replace unborn child and unborn person with fetus in those provisions.
(2)Existing law also refers to unborn persons in various contexts, including naming unknown defendants in real property actions, allowing a court to appoint a guardian ad litem to advocate for inadequately represented interests in probate proceedings, allowing a guardian ad litem to give consent on behalf of a beneficiary who lacks legal capacity, and providing an exception for requiring a personal representative to file an account of the distributions of a decedents estate.
This bill would replace unborn person with unborn beneficiary in those provisions.
The Legislature finds and declares the following:
It is the intent of the Legislature that nothing herein shall be interpreted to undermine or decrease any existing protections under California law.
SEC. 2.Section 850.1 is added to the Business and Professions Code, to read:850.1.(a)A healing arts board shall not deny an application for licensure or suspend, revoke, or otherwise impose discipline upon a licensee or health care practitioner subject to this division on the basis of a civil judgment, criminal conviction, or disciplinary action in another state if that judgment, conviction, or disciplinary action is based solely on the application of another states law that interferes with a persons right to receive sensitive services that would be lawful if provided in this state, regardless of the patients location.
(b)This section does not apply to a civil judgment, criminal conviction, or disciplinary action imposed in another state based upon conduct in another state that would subject an applicant, licensee, or health care practitioner subject to this division to a similar claim, charge, or action under the laws of this state.
(c)For purposes of this section:
(1)Healing arts board means any board, division, or examining committee in the Department of Consumer Affairs that licenses or certifies health professionals.
(2)Sensitive services has the same meaning as in Section 56.05 of the Civil Code.
SEC. 3.Section 852 is added to the Business and Professions Code, to read:852.The performance, recommendation, or provision of any legally protected health care activity, as defined in Section 1798.300 of the Civil Code, by a licensee or a health care practitioner subject to this division acting within their scope of practice, for a patient who resides in a state in which the performance, recommendation, or provision of that legally protected health care activity is illegal, shall not, by itself, constitute professional misconduct under this division or any regulation governing the licensure, certification, or authorization of that licensee or practitioner, nor shall any license, certification, or authorization of a licensee or health care practitioner subject to this division be revoked, suspended, or annulled or otherwise subject to any other penalty or discipline provided in this division solely on the basis that the licensee or health care practitioner performed, recommended, or provided any legally protected health care activity for a patient who resides in a state in which the performance, recommendation, or provision of that legally protected health service is illegal.
SEC. 4.Section 2746.5 of the Business and Professions Code is amended to read:2746.5.(a)The certificate to practice nurse-midwifery authorizes the holder to attend cases of low-risk pregnancy and childbirth and to provide prenatal, intrapartum, and postpartum care, including interconception care, family planning care, and immediate care for the newborn, consistent with the Core Competencies for Basic Midwifery Practice adopted by the American College of Nurse-Midwives, or its successor national professional organization, as approved by the board. For purposes of this subdivision, low-risk pregnancy means a pregnancy in which all of the following conditions are met:
(1)There is a single fetus.
(2)There is a cephalic presentation at onset of labor.
(3)The gestational age of the fetus is greater than or equal to 37 weeks and zero days and less than or equal to 42 weeks and zero days at the time of delivery.
(4)Labor is spontaneous or induced.
(5)The patient has no preexisting disease or condition, whether arising out of the pregnancy or otherwise, that adversely affects the pregnancy and that the certified nurse-midwife is not qualified to independently address consistent with this section.
(b)(1)The certificate to practice nurse-midwifery authorizes the holder to practice with a physician and surgeon under mutually agreed-upon policies and protocols that delineate the parameters for consultation, collaboration, referral, and transfer of a patients care, signed by both the certified nurse-midwife and a physician and surgeon to do either of the following:
(A)Provide a patient with care that falls outside the scope of services specified in subdivision (a).
(B)Provide intrapartum care to a patient who has had a prior cesarean section or surgery that interrupts the myometrium.
(2)If a physician and surgeon assumes care of the patient, the certified nurse-midwife may continue to attend the birth of the newborn and participate in physical care, counseling, guidance, teaching, and support, as indicated by the mutually agreed-upon policies and protocols signed by both the certified nurse-midwife and a physician and surgeon.
(3)After a certified nurse-midwife refers a patient to a physician and surgeon, the certified nurse-midwife may continue care of the patient during a reasonable interval between the referral and the initial appointment with the physician and surgeon.
(c)(1)If a nurse-midwife does not have in place mutually agreed-upon policies and protocols that delineate the parameters for consultation, collaboration, referral, and transfer of a patients care, signed by both the certified nurse-midwife and a physician and surgeon pursuant to paragraph (1) of subdivision (b), the patient shall be transferred to the care of a physician and surgeon to do either or both of the following:
(A)Provide a patient with care that falls outside the scope of services specified in subdivision (a).
(B)Provide intrapartum care to a patient who has had a prior cesarean section or surgery that interrupts the myometrium.
(2)After the certified nurse-midwife initiates the process of transfer pursuant to paragraph (1), for a patient who otherwise meets the definition of a low-risk pregnancy but no longer meets the criteria specified in paragraph (3) of subdivision (a) because the gestational age of the fetus is greater than 42 weeks and zero days, if there is inadequate time to effect safe transfer to a hospital prior to delivery or transfer may pose a threat to the health and safety of the patient or the fetus, the certified nurse-midwife may continue care of the patient consistent with the transfer plan described in subdivision (a) of Section 2746.54.
(3)A patient who has been transferred from the care of a certified nurse-midwife to that of a physician and surgeon may return to the care of the certified nurse-midwife after the physician and surgeon has determined that the condition or circumstance that required, or would require, the transfer from the care of the nurse-midwife pursuant to paragraph (1) is resolved.
(d)The certificate to practice nurse-midwifery authorizes the holder to attend pregnancy and childbirth in an out-of-hospital setting if consistent with subdivisions (a), (b), and (c).
(e)This section shall not be interpreted to deny a patients right to self-determination or informed decisionmaking with regard to choice of provider or birth setting.
(f)The certificate to practice nurse-midwifery does not authorize the holder of the certificate to assist childbirth by vacuum or forceps extraction, or to perform any external cephalic version.
(g)A certified nurse-midwife shall document all consultations, referrals, and transfers in the patient record.
(h)(1)A certified nurse-midwife shall refer all emergencies to a physician and surgeon immediately.
(2)A certified nurse-midwife may provide emergency care until the assistance of a physician and surgeon is obtained.
(i)This chapter does not authorize a nurse-midwife to practice medicine or surgery.
(j)This section shall not be construed to require a physician and surgeon to sign protocols and procedures for a nurse-midwife or to permit any action that violates Section 2052 or 2400.
(k)This section shall not be construed to require a nurse-midwife to have mutually agreed-upon, signed policies and protocols for the provision of services described in subdivision (a).
SEC. 4.5.Section 2746.5 of the Business and Professions Code is amended to read:2746.5.(a)The certificate to practice nurse-midwifery authorizes the holder to attend cases of low-risk pregnancy and childbirth and to provide prenatal care, intrapartum care, postpartum care, including immediate care for the newborn, interconception care, family planning care, and care for common gynecologic conditions, consistent with the Core Competencies for Basic Midwifery Practice adopted by the American College of Nurse-Midwives, or its successor national professional organization, as approved by the board. For purposes of this subdivision, low-risk pregnancy means a pregnancy in which all of the following conditions are met:
(1)There is a single fetus.
(2)There is a cephalic presentation at onset of labor.
(3)The gestational age of the fetus is greater than or equal to 37 weeks and zero days and less than or equal to 42 weeks and zero days at the time of delivery.
(4)Labor is spontaneous or induced.
(5)The patient has no preexisting disease or condition, whether arising out of the pregnancy or otherwise, that adversely affects the pregnancy and that the certified nurse-midwife is not qualified to independently address consistent with this section.
(b)(1)The certificate to practice nurse-midwifery authorizes the holder, pursuant to policies and protocols that are mutually agreed upon with a physician and surgeon, that delineate the parameters for consultation, collaboration, referral, and transfer of a patients care, and that are signed by both the certified nurse-midwife and a physician and surgeon, to do any of the following:
(A)Provide a patient with care that falls outside the scope of services specified in subdivision (a).
(B)Provide intrapartum care to a patient who has had a prior cesarean section or surgery that interrupts the myometrium.
(C)Furnish or order a Schedule II or III controlled substance, including for patients that fall within the scope of services specified in subdivision (a).
(2)If a physician and surgeon assumes care of the patient, the certified nurse-midwife may continue to attend the birth of the newborn and participate in physical care, counseling, guidance, teaching, and support, as indicated by the mutually agreed-upon policies and protocols signed by both the certified nurse-midwife and a physician and surgeon.
(3)After a certified nurse-midwife refers a patient to a physician and surgeon, the certified nurse-midwife may continue care of the patient during a reasonable interval between the referral and the initial appointment with the physician and surgeon.
(c)(1)If a nurse-midwife does not have in place mutually agreed-upon policies and protocols that delineate the parameters for consultation, collaboration, referral, and transfer of a patients care, signed by both the certified nurse-midwife and a physician and surgeon pursuant to paragraph (1) of subdivision (b), the patient shall be transferred to the care of a physician and surgeon to do either or both of the following:
(A)Provide a patient with care that falls outside the scope of services specified in subdivision (a).
(B)Provide intrapartum care to a patient who has had a prior cesarean section or surgery that interrupts the myometrium.
(2)After the certified nurse-midwife initiates the process of transfer pursuant to paragraph (1), for a patient who otherwise meets the definition of a low-risk pregnancy but no longer meets the criteria specified in paragraph (3) of subdivision (a) because the gestational age of the fetus is greater than 42 weeks and zero days, if there is inadequate time to effect safe transfer to a hospital prior to delivery or transfer may pose a threat to the health and safety of the patient or the fetus, the certified nurse-midwife may continue care of the patient consistent with the transfer plan described in subdivision (a) of Section 2746.54.
(3)A patient who has been transferred from the care of a certified nurse-midwife to that of a physician and surgeon may return to the care of the certified nurse-midwife after the physician and surgeon has determined that the condition or circumstance that required, or would require, the transfer from the care of the nurse-midwife pursuant to paragraph (1) is resolved.
(d)The certificate to practice nurse-midwifery authorizes the holder to attend pregnancy and childbirth in an out-of-hospital setting if consistent with subdivisions (a), (b), and (c).
(e)This section shall not be interpreted to deny a patients right to self-determination or informed decisionmaking with regard to choice of provider or birth setting.
(f)The certificate to practice nurse-midwifery does not authorize the holder of the certificate to assist childbirth by vacuum or forceps extraction, or to perform any external cephalic version.
(g)A certified nurse-midwife shall document all consultations, referrals, and transfers in the patient record.
(h)(1)A certified nurse-midwife shall refer all emergencies to a physician and surgeon immediately.
(2)A certified nurse-midwife may provide emergency care until the assistance of a physician and surgeon is obtained.
(i)This chapter does not authorize a nurse-midwife to practice medicine or surgery.
(j)This section shall not be construed to require a physician and surgeon to sign protocols and procedures for a nurse-midwife or to permit any action that violates Section 2052 or 2400.
(k)This section shall not be construed to require a nurse-midwife to have mutually agreed-upon, signed policies and protocols for the provision of services described in subdivision (a).
(l)Notwithstanding any other law, subject to the discretion of a general acute care hospital, as defined in subdivision (a) of Section 1250 of the Health and Safety Code, or a special hospital specified as a maternity hospital, as defined in subdivision (f) of Section 1250 of the Health and Safety Code, and the medical staff bylaws of that facility, a hospital may grant privileges to a certified nurse-midwife, allowing them to admit and discharge patients upon their own authority, within their scope of practice, as delineated in this section, and in accordance with organized medical staff bylaws of that facility.
SEC. 5.Title 1.81.49 (commencing with Section 1798.99.90) is added to Part 4 of Division 3 of the Civil Code, to read:1.81.49.Family Planning Center Location Data1798.99.90.(a)A person or business shall not collect, use, disclose, or retain the personal information of a person who is physically located at, or within a precise geolocation of, a family planning center, except as specified in subdivision (c).
(b)For purposes of this section, the following definitions apply:
(1)Business means the same as defined in subdivision (c) of Section 1798.140.
(2)Collect means the same as defined in subdivision (f) of Section 1798.140.
(3)Family planning center means a business categorized as a family planning center by the North American Industry Classification System adopted by the United States Census Bureau, including, but not limited to, a clinic or center that provides reproductive health care services as defined in Section 1798.300 of the Civil Code.
(4)Personal information has the same definition as that term is defined in subdivision (v) of Section 1798.140, except as applied to all persons and not limited to consumers and households, as those terms are defined in subdivisions (i) and (q), respectively, of that section.
(5)Precise geolocation means a geographic area that is equal to or less than the area of a circle with a radius of 1,850 feet as derived from a device that is used or intended to be used to locate a person.
(6)Sell means the same as defined in subdivision (ad) of Section 1798.140.
(7)Share means the same as defined in subdivision (ah) of Section 1798.140.
(c)A person or business shall not collect, use, disclose, or retain the personal information of a person who is physically located at, or within a precise geolocation of, a family planning center, except only as necessary to perform the services or provide the goods requested by the person. A person or business shall not sell or share this personal information.
(d)(1)An aggrieved person or entity, including a family planning center, may institute and prosecute a civil action against any person or business who violates this section for injunctive and monetary relief and attorneys fees within three years of discovery of the violation.
(2)If the court finds for the petitioner in an action authorized by paragraph (1), recovery shall be in the amount of three times the amount of actual damages and any other expenses, costs, or reasonable attorneys fees incurred in connection with the litigation.
(e)This section does not apply to a provider of health care, a health care service plan, or contractor, as those terms are defined in Section 56.05.
SEC. 6.Title 1.81.7 (commencing with Section 1798.300) is added to Part 4 of Division 3 of the Civil Code, to read:1.81.7.Reproductive and Gender-Affirming Health Care Services1798.300.As used in this title, the following definitions apply:
(a)Abusive litigation means litigation or other legal action to deter, prevent, sanction, or punish a person engaging in legally protected health care activity by either of the following:
(1)Filing or prosecuting an action in a state other than California where liability, in whole or part, directly or indirectly, is based on a legally protected health care activity that was legal in the state in which it occurred, including an action in which liability is based on a theory of vicarious, joint, or several liability.
(2)Attempting to enforce an order or judgment issued in connection with an action described in paragraph (1) by a party to that action or a person acting on behalf of a party to that action. An action shall be considered to be based on conduct that was legal in the state in which it occurred if a part of an act or omission involved in the course of conduct that forms the basis for liability in the action occurs or is initiated in a state in which the health care was legal, whether or not the act or omission is alleged or included in a pleading or other filing in the lawsuit.
(b)Aggrieved person, provider, or other entity includes, but is not limited to, a person who resides in California, a business or entity doing business in the state or located in the state, a health care service plan, a health insurer, a person or entity that provided a legally protected health care activity in California, a person who received a legally protected health care activity from a provider licensed in California, a person or entity that is licensed in California to provide a legally protected health care activity, including a provider, clinic, or a person who assisted a person or entity that received or provided a legally protected health care activity in California.
(c)Gender-affirming health care services and gender-affirming mental health care services have the same meaning as defined in paragraph (3) of subdivision (b) of Section 16010.2 of the Welfare and Institutions Code.
(d)(1)Legally protected health care activity means any of the following:
(A)The exercise and enjoyment, or attempted exercise and enjoyment, by a person of rights to reproductive health care services, gender-affirming health care services, or gender-affirming mental health care services secured by the Constitution or laws of California or the provision by a health care service plan contract or a policy, or a certificate of health insurance, that provides for such services.
(B)An act or omission undertaken to aid or encourage, or attempt to aid or encourage, a person in the exercise and enjoyment or attempted exercise and enjoyment of rights to reproductive health care services, gender-affirming health care services, or gender-affirming mental health care services secured by the Constitution or laws of California.
(C)The provision of reproductive health care services, gender-affirming health care services, or gender-affirming mental health care services by a person duly licensed under the laws of California or the coverage of, and reimbursement for, such services or care by a health care service plan or a health insurer, if the service or care is lawful under the laws of California, regardless of the patients location.
(2)Legally protected health care activity does not include any activity that would be deemed unprofessional conduct or that would violate antidiscrimination laws of California.
(e)Reproductive health care services means and includes all services, care, or products of a medical, surgical, psychiatric, therapeutic, diagnostic, mental health, behavioral health, preventative, rehabilitative, supportive, consultative, referral, prescribing, or dispensing nature relating to the human reproductive system provided in accordance with the constitution and laws of this state, whether provided in person or by means of telehealth services which includes, but is not limited to, all services, care, and products relating to pregnancy, the termination of a pregnancy, assisted reproduction, or contraception.
1798.301.Reproductive health care services, gender-affirming health care services, and gender-affirming mental health care services are rights secured by the Constitution and laws of California. Interference with these rights, whether or not under the color of law, is against the public policy of California.
1798.302.A public act or record of a foreign jurisdiction that prohibits, criminalizes, sanctions, authorizes a person to bring a civil action against, or otherwise interferes with a person, provider, or other entity in California that seeks, receives, causes, aids in access to, aids, abets, provides, or attempts or intends to seek, receive, cause, aid in access to, aid, abet, or provide, reproductive health care services, gender-affirming health care services, or gender-affirming mental health care services shall be an interference with the exercise and enjoyment of the rights secured by the Constitution and laws of California and shall be a violation of the public policy of California.
1798.303.If a person, whether or not acting under color of law, engages or attempts to engage in abusive litigation that infringes on or interferes with, or attempts to infringe on or interfere with, a legally protected health care activity, then an aggrieved person, provider, carrier, or other entity, including a defendant in the abusive litigation, may institute a civil action for injunctive, monetary, or other appropriate relief within three years after the cause of action accrues.
1798.304.An aggrieved person, provider, or other entity, including a defendant in abusive litigation, may move to modify or quash a subpoena issued in connection with abusive litigation on the grounds that the subpoena is unreasonable, oppressive, or inconsistent with the public policy of California.
1798.305.If the court finds for the petitioner in an action authorized by Section 1798.303, recovery shall be in the amount of three times the amount of actual damages, which shall include damages for the amount of a judgment issued in connection with an abusive litigation, and any other expenses, costs, or reasonable attorneys fees incurred in connection with the abusive litigation.
1798.306.(a)A court may exercise jurisdiction over a person in an action authorized by Section 1798.303 if any of the following apply:
(1)Personal jurisdiction is found under Section 410.10 of the Code of Civil Procedure.
(2)The person has commenced an action in a court in California and, during the pendency of that action or an appeal therefrom, a summons and complaint is served on the person or the attorney appearing on the persons behalf in that action or as otherwise permitted by law.
(3)The exercise of jurisdiction is permitted under the Constitution of the United States.
(b)This section does not apply to a lawsuit or judgment entered in another state that is based on conduct for which a cause of action exists under the laws of California, including a contract, tort, common law, or statutory claim.
1798.307.Notwithstanding any other law, the laws of California shall govern in a case or controversy heard in California related to reproductive health care services, gender-affirming health care services, or gender-affirming mental health care services, except as may be required by federal law.
1798.308.This title shall not be construed to provide jurisdiction over a California resident in an out-of-state forum when the California resident has not availed themselves of that forum.
SEC. 7.Section 762.020 of the Code of Civil Procedure is amended to read:762.020.(a)If the name of a person required to be named as a defendant is not known to the plaintiff, the plaintiff shall so state in the complaint and shall name as parties all persons unknown in the manner provided in Section 762.060.
(b)If the claim or the share or quantity of the claim of a person required to be named as a defendant is unknown, uncertain, or contingent, the plaintiff shall so state in the complaint. If the lack of knowledge, uncertainty, or contingency is caused by a transfer to an unborn or unascertained beneficiary or class member, or by a transfer in the form of a contingent remainder, vested remainder subject to defeasance, executory interest, or similar disposition, the plaintiff shall also state in the complaint, so far as is known to the plaintiff, the name, age, and legal disability (if any) of the person in being who would be entitled to the claim had the contingency upon which the claim depends occurred prior to the commencement of the action.
SEC. 8.Section 872.520 of the Code of Civil Procedure is amended to read:872.520.(a)If the name of a person described in Section 872.510 is not known to the plaintiff, the plaintiff shall so state in the complaint and shall name as parties all persons unknown in the manner provided in Section 872.550.
(b)If the ownership or the share or quantity of the interest of a person described in Section 872.510 is unknown, uncertain, or contingent, the plaintiff shall so state in the complaint. If the lack of knowledge, uncertainty, or contingency is caused by a transfer to an unborn or unascertained beneficiary or class member, or by a transfer in the form of a contingent remainder, vested remainder subject to defeasance, executory interest, or similar disposition, the plaintiff shall also state in the complaint, so far as is known to the plaintiff, the name, age, and legal disability (if any) of the person in being who would be entitled to ownership of the interest had the contingency upon which the right of such person depends occurred prior to the commencement of the action.
(c)The court shall upon its own motion or upon motion of any party make such orders for joinder of additional parties and for appointment of guardians ad litem pursuant to Sections 372, 373, and 373.5 as are necessary or proper.
SEC. 9.Section 1710.50 of the Code of Civil Procedure is amended to read:1710.50.(a)The court shall grant a stay of enforcement where:
(1)An appeal from the sister state judgment is pending or may be taken in the state which originally rendered the judgment. Under this paragraph, enforcement shall be stayed until the proceedings on appeal have been concluded or the time for appeal has expired.
(2)A stay of enforcement of the sister state judgment has been granted in the sister state. Under this paragraph, enforcement shall be stayed until the sister state stay of enforcement expires or is vacated.
(3)The judgment debtor has made a motion to vacate pursuant to Section 1710.40. Under this paragraph, enforcement shall be stayed until the judgment debtors motion to vacate is determined.
(4)A money judgment or lien on real property was obtained against a person or entity for exercising a right guaranteed under the United States Constitution or a right guaranteed under the California Constitution, or against a person or entity for aiding and abetting the exercise of said rights. The stay of enforcement shall remain in place until such time as the statute of limitations in Section 1798.303 of the Civil Code has elapsed or an action prosecuted under Section 1798.303 has concluded, whichever is later.
(5)Any other circumstance exists where the interests of justice require a stay of enforcement.
(b)The court may grant a stay of enforcement under this section on its own motion, on ex parte motion, or on noticed motion.
(c)The court shall grant a stay of enforcement under this section on such terms and conditions as are just including but not limited to the following:
(1)The court may require an undertaking in an amount it determines to be just, but the amount of the undertaking shall not exceed double the amount of the judgment creditors claim.
(2)If a writ of execution has been issued, the court may order that it remain in effect.
(3)If property of the judgment debtor has been levied upon under a writ of execution, the court may order the levying officer to retain possession of the property capable of physical possession and to maintain the levy on other property.
SEC. 10.Section 22171 of the Education Code is amended to read:22171.(a)Spouse means a person who was continuously married to the member for the period beginning at least 12 months prior to the death of the member, unless a child is born to the member and the members spouse within the 12-month period or unless the spouse is carrying a fetus, conceived with the member.
(b)Spouse also means a person who was married to the member for less than 12 months, if the members death was either accidental, or due to an illness, and the marriage took place prior to the occurrence of the injury or diagnosis of the illness that resulted in death.
(1)A members death is defined as accidental only if the member received bodily injuries through violent, external, or accidental means and died as a direct result of the bodily injuries and independent of all other causes.
(2)This subdivision does not apply if, at the time of the marriage, the member could not have reasonably been expected to live for 12 months.
(c)Except as excluded by Sections 22661 and 23812, a person who is the registered domestic partner of a member, as established pursuant to Section 297 or 299.2 of the Family Code, shall be treated in the same manner as a spouse.
SEC. 11.Section 1317.1 of the Health and Safety Code is amended to read:1317.1.Unless the context otherwise requires, the following definitions shall control the construction of this article and Section 1371.4:
(a)(1)Emergency services and care means medical screening, examination, and evaluation by a physician and surgeon, or, to the extent permitted by applicable law, by other appropriate licensed persons under the supervision of a physician and surgeon, to determine if an emergency medical condition or active labor exists and, if it does, the care, treatment, and surgery, if within the scope of that persons license, necessary to relieve or eliminate the emergency medical condition, within the capability of the facility.
(2)(A)Emergency services and care also means an additional screening, examination, and evaluation by a physician, or other personnel to the extent permitted by applicable law and within the scope of their licensure and clinical privileges, to determine if a psychiatric emergency medical condition exists, and the care and treatment necessary to relieve or eliminate the psychiatric emergency medical condition, within the capability of the facility.
(B)The care and treatment necessary to relieve or eliminate a psychiatric emergency medical condition may include admission or transfer to a psychiatric unit within a general acute care hospital, as defined in subdivision (a) of Section 1250, or to an acute psychiatric hospital, as defined in subdivision (b) of Section 1250, pursuant to subdivision (k). Nothing in this subparagraph shall be construed to permit a transfer that is in conflict with the Lanterman-Petris-Short Act (Part 1 (commencing with Section 5000) of Division 5 of the Welfare and Institutions Code).
(C)For the purposes of Section 1371.4, emergency services and care as defined in subparagraph (A) shall not apply to Medi-Cal managed care plan contracts entered into with the State Department of Health Care Services pursuant to Chapter 7 (commencing with Section 14000), Chapter 8 (commencing with Section 14200), and Chapter 8.75 (commencing with Section 14590) of Part 3 of Division 9 of the Welfare and Institutions Code, to the extent that those services are excluded from coverage under those contracts.
(D)This paragraph does not expand, restrict, or otherwise affect the scope of licensure or clinical privileges for clinical psychologists or other medical personnel.
(b)Emergency medical condition means a medical condition manifesting itself by acute symptoms of sufficient severity (including severe pain) such that the absence of immediate medical attention could reasonably be expected to result in any of the following:
(1)Placing the patients health in serious jeopardy.
(2)Serious impairment to bodily functions.
(3)Serious dysfunction of any bodily organ or part.
(c)Active labor means a labor at a time at which either of the following would occur:
(1)There is inadequate time to effect safe transfer to another hospital prior to delivery.
(2)A transfer may pose a threat to the health and safety of the patient or the fetus.
(d)Hospital means all hospitals with an emergency department licensed by the state department.
(e)State department means the State Department of Public Health.
(f)Medical hazard means a material deterioration in medical condition in, or jeopardy to, a patients medical condition or expected chances for recovery.
(g)Board means the Medical Board of California.
(h)Within the capability of the facility means those capabilities that the hospital is required to have as a condition of its emergency medical services permit and services specified on Services Inventory Form 7041 filed by the hospital with the Department of Health Care Access and Information.
(i)Consultation means the rendering of an opinion or advice, prescribing treatment, or the rendering of a decision regarding hospitalization or transfer by telephone or other means of communication. When determined to be medically necessary, jointly by the treating physician and surgeon, or by other appropriate licensed persons acting within their scope of licensure, under the supervision of a physician and surgeon, and the consulting physician and surgeon, consultation includes review of the patients medical record, examination, and treatment of the patient in person by a consulting physician and surgeon, or by other appropriate licensed persons acting within their scope of licensure under the supervision of a consulting physician and surgeon, who is qualified to give an opinion or render the necessary treatment in order to stabilize the patient. A request for consultation shall be made by the treating physician and surgeon, or by other appropriate licensed persons acting within their scope of licensure under the supervision of a treating physician and surgeon, provided the request is made with the contemporaneous approval of the treating physician and surgeon. The treating physician and surgeon may request to communicate directly with the consulting physician and surgeon, and when determined to be medically necessary, jointly by the treating physician and surgeon and the consulting physician and surgeon, the consulting physician and surgeon shall examine and treat the patient in person. The consulting physician and surgeon is ultimately responsible for providing the necessary consultation to the patient, regardless of who makes the in-person appearance.
(j)A patient is stabilized or stabilization has occurred when, in the opinion of the treating physician and surgeon, or other appropriate licensed persons acting within their scope of licensure under the supervision of a treating physician and surgeon, the patients medical condition is such that, within reasonable medical probability, no material deterioration of the patients condition is likely to result from, or occur during, the release or transfer of the patient as provided for in Section 1317.2, Section 1317.2a, or other pertinent statute.
(k)(1)Psychiatric emergency medical condition means a mental disorder that manifests itself by acute symptoms of sufficient severity that it renders the patient as being either of the following:
(A)An immediate danger to themselves or to others.
(B)Immediately unable to provide for, or utilize, food, shelter, or clothing, due to the mental disorder.
(2)This subdivision does not expand, restrict, or otherwise affect the scope of licensure or clinical privileges for clinical psychologists or medical personnel.
(l)This section shall not be construed to expand the scope of licensure for licensed persons providing services pursuant to this section.
SEC. 12.Section 123450 of the Health and Safety Code is repealed.SEC. 13.Section 123468.5 is added to the Health and Safety Code, to read:123468.5.(a)(1)California law governs in any action in this state, whether civil, administrative, or criminal, against any person who provides, receives, aids or abets in providing or receiving, or attempts to provide or receive, by any means, including telehealth, the health care services described in paragraph (2) if the provider was located in this state or any other state where the care was legal at the time of the challenged conduct.
(2)Reproductive health care services and gender-affirming health care services, including gender-affirming mental health care services, are subject to paragraph (1).
(b)Reproductive health has the same meaning as set forth in Section 1798.300 of the Health and Safety Code.
(c)Gender-affirming health care services and gender-affirming mental health care services have the same meaning as defined in paragraph (3) of subdivision (b) of Section 16010.2 of the Welfare and Institutions Code.
SEC. 14.Section 187 of the Penal Code is amended to read:187.(a)Murder is the unlawful killing of a human being, or a fetus, with malice aforethought.
(b)This section shall not apply to any person who commits an act that results in the death of a fetus if any of the following apply:
(1)The act complied with the former Therapeutic Abortion Act (Article 2 (commencing with Section 123400) of Chapter 2 of Part 2 of Division 106 of the Health and Safety Code) or the Reproductive Privacy Act (Article 2.5 (commencing with Section 123460) of Chapter 2 of Part 2 of Division 106 of the Health and Safety Code).
(2)The act was committed by a holder of a physicians and surgeons certificate, as defined in the Business and Professions Code, in a case where, to a medical certainty, the result of childbirth would be death of the person pregnant with the fetus or where the pregnant persons death from childbirth, although not medically certain, would be substantially certain or more likely than not.
(3)It was an act or omission by the person pregnant with the fetus or was solicited, aided, abetted, or consented to by the person pregnant with the fetus.
(c)Subdivision (b) shall not be construed to prohibit the prosecution of any person under any other provision of law.
SEC. 15.Section 847.5 of the Penal Code is amended to read:847.5.(a)Except as provided in subdivision (b), if a person has been admitted to bail in another state, escapes bail, and is present in this state, the bail bondsman or other person who is bail for such fugitive, may file with a magistrate in the county where the fugitive is present an affidavit stating the name and whereabouts of the fugitive, the offense with which the alleged fugitive was charged or of which they were convicted, the time and place of same, and the particulars in which the fugitive has violated the terms of their bail, and may request the issuance of a warrant for arrest of the fugitive, and the issuance, after hearing, of an order authorizing the affiant to return the fugitive to the jurisdiction from which they escaped bail. The magistrate may require such additional evidence under oath as they deem necessary to decide the issue. If the magistrate concludes that there is probable cause for believing that the person alleged to be a fugitive is such, the magistrate may issue a warrant for the persons arrest. The magistrate shall notify the district attorney of the action and shall direct the district attorney to investigate the case and determine the facts of the matter. When the fugitive is brought before the magistrate pursuant to the warrant, the magistrate shall set a time and place for hearing, and shall advise the fugitive of their right to counsel and to produce evidence at the hearing. The magistrate may admit the fugitive to bail pending the hearing. The district attorney shall appear at the hearing. If, after hearing, the magistrate is satisfied from the evidence that the person is a fugitive, the magistrate may issue an order authorizing affiant to return the fugitive to the jurisdiction from which they escaped bail.
(b)A magistrate shall not issue a warrant for the arrest of an individual whose alleged offense or conviction is for the violation of the laws of another state that authorize a criminal penalty to an individual performing, receiving, supporting, or aiding in the performance or receipt of sexual or reproductive health care, including, but not limited to, an abortion, contraception, or gender-affirming care if the sexual or reproductive health care is lawful under the laws of this state, regardless of the recipients location.
(c)A bondsman or person authorized, pursuant to subdivision (a) of Section 1299.02, to apprehend, detain, or arrest a fugitive admitted to bail in another state who takes into custody a fugitive admitted to bail in another state whose alleged offense or conviction is for the violation of the laws of another state that authorize a criminal penalty to an individual performing, receiving, supporting, or aiding in the performance or receipt of an abortion, contraception, reproductive care, or gender-affirming care if the abortion, contraception, reproductive care, or gender-affirming care is lawful under the laws of this state, regardless of the recipients location, without a magistrates order, is ineligible for a license issued pursuant to Chapter 11.3 (commencing with Section 7512) of Division 3 of the Business and Professions Code or Section 1800 of the Insurance Code, and shall forfeit any license already obtained pursuant to those laws.
(d)A person who is taken into custody by a bail agent in violation of subdivision (b) may institute and prosecute a civil action for injunctive, monetary, or other appropriate relief against the bondsman and bond company within three years after the cause of action accrues.
(e)A bondsman or other person who is bail for a fugitive admitted to bail in another state who takes the fugitive into custody, except pursuant to an order issued under this section, is guilty of an infraction punishable by a fine of five thousand dollars ($5,000).
SEC. 16.Section 1299.02 of the Penal Code is amended to read:1299.02.(a)No person, other than a certified law enforcement officer, shall be authorized to apprehend, detain, or arrest a bail fugitive unless that person meets one of the following conditions:
(1)Is a bail as defined in paragraph (2) of subdivision (a) of Section 1299.01 who is also a bail fugitive recovery agent as defined in paragraph (4) of subdivision (a) of Section 1299.01.
(2)Is a bail fugitive recovery agent as defined in paragraph (4) of subdivision (a) of Section 1299.01.
(3)Is a licensed private investigator as provided in Chapter 11.3 (commencing with Section 7512) of Division 3 of the Business and Professions Code who is also a bail fugitive recovery agent as defined in paragraph (4) of subdivision (a) of Section 1299.01.
(b)This article shall not prohibit an arrest pursuant to Sections 837, 838, and 839, provided that no consideration is paid or allowed, directly or indirectly, to any person effecting an arrest pursuant to Sections 837, 838, and 839.
(c)Individuals who hold a bail license, bail fugitive recovery license, bail enforcer license, bail runner license, or private investigator license issued by another state shall not apprehend, detain, or arrest bail fugitives in California, unless that individual obtains a bail fugitive recovery agent license issued in this state and complies with California law.
(d)A person authorized, pursuant to subdivision (a), to apprehend, detain, or arrest a bail fugitive shall not apprehend, detain, or arrest a bail fugitive admitted to bail in another state whose alleged offense or conviction was for the violation of the laws of another state that authorize a criminal penalty to an individual performing, receiving, supporting, or aiding in the performance or receipt of sexual or reproductive health care, including, but not limited to, an abortion, contraception, or gender-affirming care if the sexual or reproductive health care is lawful under the laws of this state, regardless of the recipients location. A person who violates this subdivision is guilty of an infraction punishable by a fine of five thousand dollars ($5,000), is ineligible for a license issued pursuant to Chapter 11.3 (commencing with Section 7512) of Division 3 of the Business and Professions Code or Section 1800 of the Insurance Code, and shall forfeit any license already obtained pursuant to those laws. A person who is taken into custody by a bail agent in violation of this subdivision may institute and prosecute a civil action for injunctive, monetary, or other appropriate relief against the bail fugitive recovery agent within three years after the cause of action accrues.
(e)This section shall become operative on July 1, 2023.
SEC. 17.Section 1334.2 of the Penal Code is amended to read:1334.2.(a)Except as provided in subdivision (f), if a judge of a court of record in any state, which by its laws provides for commanding persons within that state to attend and testify in this state, issues a certificate under the seal of the court that there is a criminal prosecution pending in the court, or that there is a grand jury investigation, that a person within this state is a material witness in that prosecution or grand jury investigation, and that their presence will be required for a specified number of days, then, upon presentation of the certificate to a judge of a court of record in the county in which the person is, a time and place for a hearing shall be fixed by the judge and the judge shall make an order directing the witness to appear at the hearing.
(b)If, at the hearing, the judge determines that the witness is material and necessary, that it will not cause undue hardship to the witness to be compelled to attend and testify in the prosecution or grand jury investigation in the other state, and that the laws of the state in which the prosecution is pending or in which there is a grand jury investigation will give to the witness protection from arrest and service of civil and criminal process and will furnish in advance to the witness the sum of ten cents ($0.10) for each mile necessarily traveled if the witness elects surface travel or the minimum round trip scheduled airline fare plus twenty cents ($0.20) a mile for necessary surface travel at either end of the flight if the witness elects air travel, and, except as provided in subdivision (b) of Section 1334.3, a per diem of twenty dollars ($20) for each day that they are required to travel and attend as a witness and that the judge of the court in which the witness is ordered to appear will order the payment of witness fees authorized by law for each day the witness is required to attend the court plus reimbursement for any additional expenses of the witness which the judge of the court in which the witness is ordered to appear shall find reasonable and necessary, the judge shall issue a subpoena, with a copy of the certificate attached, directing the witness to attend and testify in the court where the prosecution is pending, or where the grand jury investigation is, at a time and place specified in the subpoena. In any of these hearings the certificate shall be prima facie evidence of all the facts stated therein.
(c)If the certificate recommends that the witness be taken into immediate custody and delivered to an officer of the requesting state to assure the witness attendance therein, the judge may, in lieu of notification of the hearing, direct that the witness be forthwith brought before the judge for the hearing.
(d)If the judge at the hearing is satisfied of the desirability of the custody and delivery, for which determination the certificate shall be prima facie proof of this desirability, the judge may, in lieu of issuing a subpoena, order that the witness be forthwith taken into custody and delivered to an officer of the requesting state.
(e)If the witness, who is subpoenaed as provided in this section, after being paid or tendered by some properly authorized person the sum or fare, and per diem set forth in this section, fails without good cause to attend and testify as directed in the subpoena, the witness shall be punished in the manner provided for the punishment of any witness who disobeys a subpoena issued from a court of record in this state.
(f)A judge shall not issue an order directing a witness to appear pursuant to this section if the criminal prosecution is based on the laws of another state that authorize a criminal penalty to an individual performing, receiving, supporting, or aiding in the performance or receipt of sexual or reproductive health care, including, but not limited to, an abortion, contraception, or gender-affirming care if the sexual or reproductive health care is lawful under the laws of this state.
SEC. 18.Section 1549.15 is added to the Penal Code, to read:1549.15.For purposes of this section, the following terms have the following meanings:
(a)Gender-affirming health care and gender-affirming mental health care have the same meaning as in paragraph (3) of subdivision (b) of Section 16010.2 of the Welfare and Institutions Code.
(b)(1)Legally protected health care activity means any of the following:
(A)The exercise and enjoyment, or attempted exercise and enjoyment, by a person of rights to reproductive health care services, gender-affirming health care services, or gender-affirming mental health care services secured by the Constitution or laws of California or the provision by a health care service plan contract or a policy, or a certificate of health insurance, that provides for such services.
(B)An act or omission undertaken to aid or encourage, or attempt to aid or encourage, a person in the exercise and enjoyment or attempted exercise and enjoyment of rights to reproductive health care services, gender-affirming health care services, or gender-affirming mental health care services secured by the Constitution or laws of California.
(C)The provision of reproductive health care services, gender-affirming health care services, or gender-affirming mental health care services by a person duly licensed under the laws of California or the coverage of, and reimbursement for, those services or care by a health care service plan or a health insurer, if the service or care is lawful under the laws of California, regardless of the patients location.
(2)Legally protected health care activity does not include any activity that would be deemed unprofessional conduct or that would violate antidiscrimination laws of California.
(c)Reproductive health care services means and includes all services, care, or products of a medical, surgical, psychiatric, therapeutic, diagnostic, mental health, behavioral health, preventative, rehabilitative, supportive, consultative, referral, prescribing, or dispensing nature relating to the human reproductive system provided in accordance with the constitution and laws of this state, whether provided in person or by means of telehealth services which includes, but is not limited to, all services, care, and products relating to pregnancy, the termination of a pregnancy, assisted reproduction, or contraception.
SEC. 19.Section 13778.3 is added to the Penal Code, to read:13778.3.(a)For purposes of this section, the following terms shall have the following meaning:
(1)Gender-affirming health care and gender-affirming mental health care have the same meaning as in paragraph (3) of subdivision (b) of Section 16010.2 of the Welfare and Institutions Code.
(2)Legally protected health care activity shall have the same meaning as in Section 1549.15.
(3)Reproductive health care services shall have the same meaning as in Section 1549.15.
(4)California corporation refers to any corporation or other entity that is subject to Section 102 of the Corporations Code, with the exception of foreign corporations.
(b)A state or local government employee, person or entity contracted by a state or local government, or person or entity acting on behalf of a local or state government shall not cooperate with or provide information to any individual, including a bondsman or person authorized, pursuant to subdivision (a) of Section 1299.02, to apprehend, detain, or arrest a fugitive admitted to bail in another state, or out-of-state agency or department regarding any legally protected health care activity or otherwise expend or use time, moneys, facilities, property, equipment, personnel, or other resources in furtherance of any investigation or proceeding that seeks to impose civil or criminal liability or professional sanctions upon a person or entity for any legally protected health care activity that occurred in this state or that would be legal if it occurred in this state.
(c)This section does not prohibit compliance with a valid, court-issued subpoena, warrant, wiretap order, pen register trap and trace order, or other legal process which does not relate to a law seeking to impose civil or criminal liability or professional sanctions for a legally protected health care activity, or in response to the written request of a person who is the subject of such an investigation or proceeding, to the extent necessary, in each case, to fulfill such request.
(d)Any out-of-state subpoena, warrant, wiretap order, pen register trap and trace order, legal process, or request from any law enforcement agent or entity shall include an affidavit or declaration under penalty of perjury that the discovery is not in connection with an out-of-state proceeding relating to any legally protected health care activity unless the out-of-state proceeding meets all of the following requirements:
(1)Is based in tort, contract, or on statute.
(2)Is actionable, in an equivalent or similar manner, under the laws of this state.
(3)Was brought by the patient who received a legally protected health care activity or the patients legal representative.
(e)A state court, judicial officer, court employee or clerk, or authorized attorney shall not issue a subpoena pursuant to any other states law unless it includes the affidavit or declaration defined in subdivision (d).
(f)A California corporation that provides electronic communication services or remote computing services to the general public shall not comply with an out of state subpoena, warrant, wiretap order, pen register trap and trace order, other legal process, or request by a law enforcement agent or entity seeking records that would reveal the identity of the customers using those services, data stored by, or on behalf of, the customer, the customers usage of those services, the recipient or destination of communications sent to or from those customers, or the content of those communications, unless the out of state subpoena, warrant, wiretap order, pen register trap and trace order, other legal process, or request from law enforcement includes the affidavit or declaration defined in subdivision (d). A corporation subject to this subdivision is entitled to rely on the representations made in the affidavit or declaration.
SEC. 20.Section 1003 of the Probate Code is amended to read:1003.(a)The court may, on its own motion or on request of a personal representative, guardian, conservator, trustee, or other interested person, appoint a guardian ad litem at any stage of a proceeding under this code to represent the interest of any of the following persons, if the court determines that representation of the interest otherwise would be inadequate:
(1)A minor.
(2)A person who lacks legal capacity to make decisions.
(3)An unborn beneficiary.
(4)An unascertained person.
(5)A person whose identity or address is unknown.
(6)A designated class of persons who are not ascertained or are not in being.
(b)If not precluded by a conflict of interest, a guardian ad litem may be appointed to represent several persons or interests.
(c)The reasonable expenses of the guardian ad litem, including compensation and attorneys fees, shall be determined by the court and paid as the court orders, either out of the property of the estate involved or by the petitioner or from any other source as the court orders.
(d)Before a court appoints a guardian ad litem pursuant to this chapter, a proposed guardian ad litem shall disclose both of the following to the court and all parties to the action or proceeding:
(1)Any known actual or potential conflicts of interest that would or might arise from the appointment.
(2)Any familial or affiliate relationship the proposed guardian ad litem has with any of the parties.
(e)If a guardian ad litem becomes aware that a potential conflict of interest has become an actual conflict of interest or that a new potential or actual conflict of interest exists, the guardian ad litem shall promptly disclose the conflict of interest to the court.
SEC. 21.Section 10954 of the Probate Code is amended to read:10954.(a)Notwithstanding any other provision of this part, the personal representative is not required to file an account if any of the following conditions is satisfied as to each person entitled to distribution from the estate:
(1)The person has executed and filed a written waiver of account or a written acknowledgment that the persons interest has been satisfied.
(2)Adequate provision has been made for satisfaction in full of the persons interest. This paragraph does not apply to a residuary devisee or a devisee whose interest in the estate is subject to abatement, payment of expenses, or accrual of interest or income.
(b)A waiver or acknowledgment under subdivision (a) shall be executed as follows:
(1)If the person entitled to distribution is an adult and competent, by that person.
(2)If the person entitled to distribution is a minor, by a person authorized to receive money or property belonging to the minor. If the waiver or acknowledgment is executed by a guardian of the estate of the minor, the waiver or acknowledgment may be executed without the need to obtain approval of the court in which the guardianship proceeding is pending.
(3)If the person entitled to distribution is a conservatee, by the conservator of the estate of the conservatee. The waiver or acknowledgment may be executed without the need to obtain approval of the court in which the conservatorship proceeding is pending.
(4)If the person entitled to distribution is a trust, by the trustee, but only if the named trustees written acceptance of the trust is filed with the court. In the case of a trust that is subject to the continuing jurisdiction of the court pursuant to Chapter 4 (commencing with Section 17300) of Part 5 of Division 9, the waiver or acknowledgment may be executed without the need to obtain approval of the court.
(5)If the person entitled to distribution is an estate, by the personal representative of the estate. The waiver or acknowledgment may be executed without the need to obtain approval of the court in which the estate is being administered.
(6)If the person entitled to distribution is incapacitated, is an unborn beneficiary, is unascertained, or is a person whose identity or address is unknown, or is a designated class of persons who are not ascertained or are not in being, and there is a guardian ad litem appointed to represent the person entitled to distribution, by the guardian ad litem.
(7)If the person entitled to distribution has designated an attorney in fact who has the power under the power of attorney to execute the waiver or acknowledgment, by either of the following:
(A)The person entitled to distribution if an adult and competent.
(B)The attorney in fact.
(c)Notwithstanding subdivision (a):
(1)The personal representative shall file a final report of administration at the time the final account would otherwise have been required. The final report shall include the amount of compensation paid or payable to the personal representative and to the attorney for the personal representative and shall set forth the basis for determining the amounts.
(2)A creditor whose interest has not been satisfied may petition under Section 10950 for an account.
SEC. 22.Section 15405 of the Probate Code is amended to read:15405.For the purposes of Sections 15403 and 15404, the consent of a beneficiary who lacks legal capacity, including a minor, or who is an unascertained or unborn beneficiary may be given in proceedings before the court by a guardian ad litem, if it would be appropriate to do so. In determining whether to give consent, the guardian ad litem may rely on general family benefit accruing to living members of the beneficiarys family as a basis for approving a modification or termination of the trust.
SEC. 23.Section 19507 of the Probate Code is amended to read:19507.(a)In this section, a notice period begins on the day notice is given under subdivision (c) and ends 59 days after the day notice is given.
(b)An authorized fiduciary may exercise the decanting power without the consent of any person and without court approval in compliance with this part.
(c)Except as otherwise provided in subdivision (h), an authorized fiduciary shall give notice of the intended exercise of the decanting power not later than 60 days before the exercise to all of the following:
(1)Each settlor of the first trust, if living or then in existence.
(2)Each qualified beneficiary of the first trust.
(3)Each holder of a presently exercisable power of appointment over any part or all of the first trust.
(4)Each person that currently has the right to remove or replace the authorized fiduciary.
(5)Each other fiduciary of the first trust.
(6)Each fiduciary of the second trust.
(7)The Attorney General, if subdivision (b) of Section 19514 applies.
(d)Unless the trust instrument provides otherwise, an authorized fiduciary shall give notice under subdivision (c) to the guardian ad litem for a qualified beneficiary who is a minor and has no representative or who is an unascertained or unborn beneficiary. If a guardian ad litem has not been appointed at the time of the notice, the authorized fiduciary shall seek the appointment of one. The court may appoint a guardian ad litem, for purposes of this section, in instances where the only matter before the court is that appointment.
(e)If an authorized fiduciary knows, or has reason to know, that a person entitled to notice under subdivision (c) is substantially unable to manage that persons own financial resources or resist fraud or undue influence, the authorized fiduciary shall give notice under subdivision (c) to that person and to the individual appointed to act on that persons behalf, including, but not limited to, an attorney-in-fact under a power of attorney. If no such individual has been appointed at the time of the notice, the authorized fiduciary shall seek the appointment of such an individual. The court may appoint a guardian ad litem, for purposes of this section, in instances where the only matter before the court is that appointment.
(f)An authorized fiduciary is not required to give notice under subdivision (c) to a person who is known to the fiduciary but cannot be located by the fiduciary after reasonable diligence.
(g)A notice under subdivision (c) shall include all of the following:
(1)A description of the manner in which the authorized fiduciary intends to exercise the decanting power, which shall include a statement as to the authorized fiduciarys reason for the proposed decanting and an explanation as to the differences between the first trust and the second trust or trusts.
(2)The proposed effective date for exercise of the power.
(3)A copy of the first trust instrument.
(4)A copy of all second trust instruments.
(5)A warning, set out in a separate paragraph in not less than 10-point bold type, or a reasonable equivalent thereof, that states the following:
If you do not bring a court action to contest the proposed trust decanting (the proposed changes to the trust) within 59 days of this notice, you will lose your right to contest the decanting.
(h)The decanting power may be exercised before expiration of the notice period under subdivision (a) if all persons entitled to receive notice waive the period in a signed waiver.
(i)The receipt of notice, waiver of the notice period, or expiration of the notice period does not affect the right of a person to file an application under Section 19509 that asserts either of the following:
(1)An attempted exercise of the decanting power is ineffective because it did not comply with this part or was an abuse of discretion or breach of fiduciary duty.
(2)Section 19522 applies to the exercise of the decanting power.
(j)The notice required by this section shall be served by mail to the last known address, pursuant to Section 1215, or by personal delivery.
SEC. 24.Section 11486.5 of the Welfare and Institutions Code is amended to read:11486.5.(a)An individual shall not be eligible for aid under this chapter if the individual is either:
(1)Fleeing to avoid prosecution, or custody and confinement after conviction, under the laws of the place from which the individual is fleeing, for a crime or an attempt to commit a crime that is a felony under the laws of the place from which the individual is fleeing, or which, in the case of the State of New Jersey, is a high misdemeanor under the laws of that state. For the purposes of this section, an individual shall be determined to be fleeing to avoid prosecution, or custody and confinement after conviction, if a federal, state, or local law enforcement officer, acting in an official capacity, presents an outstanding felony arrest warrant containing one or more of the following National Crime Information Center Offense Classification Codes:
(A)Escape (4901).
(B)Flight to Avoid (4902).
(C)Flight-Escape (4999).
(2)Violating a condition of probation or parole imposed under federal law or the law of any state.
(b)Subdivision (a) shall not apply with respect to conduct of an individual for any month beginning after the President of the United States grants a pardon with respect to the conduct.
SEC. 25.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.
SEC. 26.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
SEC. 27.Section 4.5 of this bill incorporates amendments to Section 2746.5 of the Business and Professions Code proposed by both this bill and Senate Bill 667. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2024, (2) each bill amends Section 2746.5 of the Business and Professions Code, and (3) this bill is enacted after Senate Bill 667, in which case Section 4 of this bill shall not become operative.
The Legislature finds and declares the following:
It is the intent of the Legislature that nothing herein shall be interpreted to undermine or decrease any existing protections under California law.
SEC. 2.Section 850.1 is added to the Business and Professions Code, to read:850.1.(a)A healing arts board shall not deny an application for licensure or suspend, revoke, or otherwise impose discipline upon a licensee or health care practitioner subject to this division on the basis of a civil judgment, criminal conviction, or disciplinary action in another state if that judgment, conviction, or disciplinary action is based solely on the application of another states law that interferes with a persons right to receive sensitive services that would be lawful if provided in this state, regardless of the patients location.
(b)This section does not apply to a civil judgment, criminal conviction, or disciplinary action imposed in another state based upon conduct in another state that would subject an applicant, licensee, or health care practitioner subject to this division to a similar claim, charge, or action under the laws of this state.
(c)For purposes of this section:
(1)Healing arts board means any board, division, or examining committee in the Department of Consumer Affairs that licenses or certifies health professionals.
(2)Sensitive services has the same meaning as in Section 56.05 of the Civil Code.
SEC. 3.Section 852 is added to the Business and Professions Code, to read:852.The performance, recommendation, or provision of any legally protected health care activity, as defined in Section 1798.300 of the Civil Code, by a licensee or a health care practitioner subject to this division acting within their scope of practice, for a patient who resides in a state in which the performance, recommendation, or provision of that legally protected health care activity is illegal, shall not, by itself, constitute professional misconduct under this division or any regulation governing the licensure, certification, or authorization of that licensee or practitioner, nor shall any license, certification, or authorization of a licensee or health care practitioner subject to this division be revoked, suspended, or annulled or otherwise subject to any other penalty or discipline provided in this division solely on the basis that the licensee or health care practitioner performed, recommended, or provided any legally protected health care activity for a patient who resides in a state in which the performance, recommendation, or provision of that legally protected health service is illegal.
SEC. 4.Section 2746.5 of the Business and Professions Code is amended to read:2746.5.(a)The certificate to practice nurse-midwifery authorizes the holder to attend cases of low-risk pregnancy and childbirth and to provide prenatal, intrapartum, and postpartum care, including interconception care, family planning care, and immediate care for the newborn, consistent with the Core Competencies for Basic Midwifery Practice adopted by the American College of Nurse-Midwives, or its successor national professional organization, as approved by the board. For purposes of this subdivision, low-risk pregnancy means a pregnancy in which all of the following conditions are met:
(1)There is a single fetus.
(2)There is a cephalic presentation at onset of labor.
(3)The gestational age of the fetus is greater than or equal to 37 weeks and zero days and less than or equal to 42 weeks and zero days at the time of delivery.
(4)Labor is spontaneous or induced.
(5)The patient has no preexisting disease or condition, whether arising out of the pregnancy or otherwise, that adversely affects the pregnancy and that the certified nurse-midwife is not qualified to independently address consistent with this section.
(b)(1)The certificate to practice nurse-midwifery authorizes the holder to practice with a physician and surgeon under mutually agreed-upon policies and protocols that delineate the parameters for consultation, collaboration, referral, and transfer of a patients care, signed by both the certified nurse-midwife and a physician and surgeon to do either of the following:
(A)Provide a patient with care that falls outside the scope of services specified in subdivision (a).
(B)Provide intrapartum care to a patient who has had a prior cesarean section or surgery that interrupts the myometrium.
(2)If a physician and surgeon assumes care of the patient, the certified nurse-midwife may continue to attend the birth of the newborn and participate in physical care, counseling, guidance, teaching, and support, as indicated by the mutually agreed-upon policies and protocols signed by both the certified nurse-midwife and a physician and surgeon.
(3)After a certified nurse-midwife refers a patient to a physician and surgeon, the certified nurse-midwife may continue care of the patient during a reasonable interval between the referral and the initial appointment with the physician and surgeon.
(c)(1)If a nurse-midwife does not have in place mutually agreed-upon policies and protocols that delineate the parameters for consultation, collaboration, referral, and transfer of a patients care, signed by both the certified nurse-midwife and a physician and surgeon pursuant to paragraph (1) of subdivision (b), the patient shall be transferred to the care of a physician and surgeon to do either or both of the following:
(A)Provide a patient with care that falls outside the scope of services specified in subdivision (a).
(B)Provide intrapartum care to a patient who has had a prior cesarean section or surgery that interrupts the myometrium.
(2)After the certified nurse-midwife initiates the process of transfer pursuant to paragraph (1), for a patient who otherwise meets the definition of a low-risk pregnancy but no longer meets the criteria specified in paragraph (3) of subdivision (a) because the gestational age of the fetus is greater than 42 weeks and zero days, if there is inadequate time to effect safe transfer to a hospital prior to delivery or transfer may pose a threat to the health and safety of the patient or the fetus, the certified nurse-midwife may continue care of the patient consistent with the transfer plan described in subdivision (a) of Section 2746.54.
(3)A patient who has been transferred from the care of a certified nurse-midwife to that of a physician and surgeon may return to the care of the certified nurse-midwife after the physician and surgeon has determined that the condition or circumstance that required, or would require, the transfer from the care of the nurse-midwife pursuant to paragraph (1) is resolved.
(d)The certificate to practice nurse-midwifery authorizes the holder to attend pregnancy and childbirth in an out-of-hospital setting if consistent with subdivisions (a), (b), and (c).
(e)This section shall not be interpreted to deny a patients right to self-determination or informed decisionmaking with regard to choice of provider or birth setting.
(f)The certificate to practice nurse-midwifery does not authorize the holder of the certificate to assist childbirth by vacuum or forceps extraction, or to perform any external cephalic version.
(g)A certified nurse-midwife shall document all consultations, referrals, and transfers in the patient record.
(h)(1)A certified nurse-midwife shall refer all emergencies to a physician and surgeon immediately.
(2)A certified nurse-midwife may provide emergency care until the assistance of a physician and surgeon is obtained.
(i)This chapter does not authorize a nurse-midwife to practice medicine or surgery.
(j)This section shall not be construed to require a physician and surgeon to sign protocols and procedures for a nurse-midwife or to permit any action that violates Section 2052 or 2400.
(k)This section shall not be construed to require a nurse-midwife to have mutually agreed-upon, signed policies and protocols for the provision of services described in subdivision (a).
SEC. 4.5.Section 2746.5 of the Business and Professions Code is amended to read:2746.5.(a)The certificate to practice nurse-midwifery authorizes the holder to attend cases of low-risk pregnancy and childbirth and to provide prenatal care, intrapartum care, postpartum care, including immediate care for the newborn, interconception care, family planning care, and care for common gynecologic conditions, consistent with the Core Competencies for Basic Midwifery Practice adopted by the American College of Nurse-Midwives, or its successor national professional organization, as approved by the board. For purposes of this subdivision, low-risk pregnancy means a pregnancy in which all of the following conditions are met:
(1)There is a single fetus.
(2)There is a cephalic presentation at onset of labor.
(3)The gestational age of the fetus is greater than or equal to 37 weeks and zero days and less than or equal to 42 weeks and zero days at the time of delivery.
(4)Labor is spontaneous or induced.
(5)The patient has no preexisting disease or condition, whether arising out of the pregnancy or otherwise, that adversely affects the pregnancy and that the certified nurse-midwife is not qualified to independently address consistent with this section.
(b)(1)The certificate to practice nurse-midwifery authorizes the holder, pursuant to policies and protocols that are mutually agreed upon with a physician and surgeon, that delineate the parameters for consultation, collaboration, referral, and transfer of a patients care, and that are signed by both the certified nurse-midwife and a physician and surgeon, to do any of the following:
(A)Provide a patient with care that falls outside the scope of services specified in subdivision (a).
(B)Provide intrapartum care to a patient who has had a prior cesarean section or surgery that interrupts the myometrium.
(C)Furnish or order a Schedule II or III controlled substance, including for patients that fall within the scope of services specified in subdivision (a).
(2)If a physician and surgeon assumes care of the patient, the certified nurse-midwife may continue to attend the birth of the newborn and participate in physical care, counseling, guidance, teaching, and support, as indicated by the mutually agreed-upon policies and protocols signed by both the certified nurse-midwife and a physician and surgeon.
(3)After a certified nurse-midwife refers a patient to a physician and surgeon, the certified nurse-midwife may continue care of the patient during a reasonable interval between the referral and the initial appointment with the physician and surgeon.
(c)(1)If a nurse-midwife does not have in place mutually agreed-upon policies and protocols that delineate the parameters for consultation, collaboration, referral, and transfer of a patients care, signed by both the certified nurse-midwife and a physician and surgeon pursuant to paragraph (1) of subdivision (b), the patient shall be transferred to the care of a physician and surgeon to do either or both of the following:
(A)Provide a patient with care that falls outside the scope of services specified in subdivision (a).
(B)Provide intrapartum care to a patient who has had a prior cesarean section or surgery that interrupts the myometrium.
(2)After the certified nurse-midwife initiates the process of transfer pursuant to paragraph (1), for a patient who otherwise meets the definition of a low-risk pregnancy but no longer meets the criteria specified in paragraph (3) of subdivision (a) because the gestational age of the fetus is greater than 42 weeks and zero days, if there is inadequate time to effect safe transfer to a hospital prior to delivery or transfer may pose a threat to the health and safety of the patient or the fetus, the certified nurse-midwife may continue care of the patient consistent with the transfer plan described in subdivision (a) of Section 2746.54.
(3)A patient who has been transferred from the care of a certified nurse-midwife to that of a physician and surgeon may return to the care of the certified nurse-midwife after the physician and surgeon has determined that the condition or circumstance that required, or would require, the transfer from the care of the nurse-midwife pursuant to paragraph (1) is resolved.
(d)The certificate to practice nurse-midwifery authorizes the holder to attend pregnancy and childbirth in an out-of-hospital setting if consistent with subdivisions (a), (b), and (c).
(e)This section shall not be interpreted to deny a patients right to self-determination or informed decisionmaking with regard to choice of provider or birth setting.
(f)The certificate to practice nurse-midwifery does not authorize the holder of the certificate to assist childbirth by vacuum or forceps extraction, or to perform any external cephalic version.
(g)A certified nurse-midwife shall document all consultations, referrals, and transfers in the patient record.
(h)(1)A certified nurse-midwife shall refer all emergencies to a physician and surgeon immediately.
(2)A certified nurse-midwife may provide emergency care until the assistance of a physician and surgeon is obtained.
(i)This chapter does not authorize a nurse-midwife to practice medicine or surgery.
(j)This section shall not be construed to require a physician and surgeon to sign protocols and procedures for a nurse-midwife or to permit any action that violates Section 2052 or 2400.
(k)This section shall not be construed to require a nurse-midwife to have mutually agreed-upon, signed policies and protocols for the provision of services described in subdivision (a).
(l)Notwithstanding any other law, subject to the discretion of a general acute care hospital, as defined in subdivision (a) of Section 1250 of the Health and Safety Code, or a special hospital specified as a maternity hospital, as defined in subdivision (f) of Section 1250 of the Health and Safety Code, and the medical staff bylaws of that facility, a hospital may grant privileges to a certified nurse-midwife, allowing them to admit and discharge patients upon their own authority, within their scope of practice, as delineated in this section, and in accordance with organized medical staff bylaws of that facility.
SEC. 5.Title 1.81.49 (commencing with Section 1798.99.90) is added to Part 4 of Division 3 of the Civil Code, to read:1.81.49.Family Planning Center Location Data1798.99.90.(a)A person or business shall not collect, use, disclose, or retain the personal information of a person who is physically located at, or within a precise geolocation of, a family planning center, except as specified in subdivision (c).
(b)For purposes of this section, the following definitions apply:
(1)Business means the same as defined in subdivision (c) of Section 1798.140.
(2)Collect means the same as defined in subdivision (f) of Section 1798.140.
(3)Family planning center means a business categorized as a family planning center by the North American Industry Classification System adopted by the United States Census Bureau, including, but not limited to, a clinic or center that provides reproductive health care services as defined in Section 1798.300 of the Civil Code.
(4)Personal information has the same definition as that term is defined in subdivision (v) of Section 1798.140, except as applied to all persons and not limited to consumers and households, as those terms are defined in subdivisions (i) and (q), respectively, of that section.
(5)Precise geolocation means a geographic area that is equal to or less than the area of a circle with a radius of 1,850 feet as derived from a device that is used or intended to be used to locate a person.
(6)Sell means the same as defined in subdivision (ad) of Section 1798.140.
(7)Share means the same as defined in subdivision (ah) of Section 1798.140.
(c)A person or business shall not collect, use, disclose, or retain the personal information of a person who is physically located at, or within a precise geolocation of, a family planning center, except only as necessary to perform the services or provide the goods requested by the person. A person or business shall not sell or share this personal information.
(d)(1)An aggrieved person or entity, including a family planning center, may institute and prosecute a civil action against any person or business who violates this section for injunctive and monetary relief and attorneys fees within three years of discovery of the violation.
(2)If the court finds for the petitioner in an action authorized by paragraph (1), recovery shall be in the amount of three times the amount of actual damages and any other expenses, costs, or reasonable attorneys fees incurred in connection with the litigation.
(e)This section does not apply to a provider of health care, a health care service plan, or contractor, as those terms are defined in Section 56.05.
SEC. 6.Title 1.81.7 (commencing with Section 1798.300) is added to Part 4 of Division 3 of the Civil Code, to read:1.81.7.Reproductive and Gender-Affirming Health Care Services1798.300.As used in this title, the following definitions apply:
(a)Abusive litigation means litigation or other legal action to deter, prevent, sanction, or punish a person engaging in legally protected health care activity by either of the following:
(1)Filing or prosecuting an action in a state other than California where liability, in whole or part, directly or indirectly, is based on a legally protected health care activity that was legal in the state in which it occurred, including an action in which liability is based on a theory of vicarious, joint, or several liability.
(2)Attempting to enforce an order or judgment issued in connection with an action described in paragraph (1) by a party to that action or a person acting on behalf of a party to that action. An action shall be considered to be based on conduct that was legal in the state in which it occurred if a part of an act or omission involved in the course of conduct that forms the basis for liability in the action occurs or is initiated in a state in which the health care was legal, whether or not the act or omission is alleged or included in a pleading or other filing in the lawsuit.
(b)Aggrieved person, provider, or other entity includes, but is not limited to, a person who resides in California, a business or entity doing business in the state or located in the state, a health care service plan, a health insurer, a person or entity that provided a legally protected health care activity in California, a person who received a legally protected health care activity from a provider licensed in California, a person or entity that is licensed in California to provide a legally protected health care activity, including a provider, clinic, or a person who assisted a person or entity that received or provided a legally protected health care activity in California.
(c)Gender-affirming health care services and gender-affirming mental health care services have the same meaning as defined in paragraph (3) of subdivision (b) of Section 16010.2 of the Welfare and Institutions Code.
(d)(1)Legally protected health care activity means any of the following:
(A)The exercise and enjoyment, or attempted exercise and enjoyment, by a person of rights to reproductive health care services, gender-affirming health care services, or gender-affirming mental health care services secured by the Constitution or laws of California or the provision by a health care service plan contract or a policy, or a certificate of health insurance, that provides for such services.
(B)An act or omission undertaken to aid or encourage, or attempt to aid or encourage, a person in the exercise and enjoyment or attempted exercise and enjoyment of rights to reproductive health care services, gender-affirming health care services, or gender-affirming mental health care services secured by the Constitution or laws of California.
(C)The provision of reproductive health care services, gender-affirming health care services, or gender-affirming mental health care services by a person duly licensed under the laws of California or the coverage of, and reimbursement for, such services or care by a health care service plan or a health insurer, if the service or care is lawful under the laws of California, regardless of the patients location.
(2)Legally protected health care activity does not include any activity that would be deemed unprofessional conduct or that would violate antidiscrimination laws of California.
(e)Reproductive health care services means and includes all services, care, or products of a medical, surgical, psychiatric, therapeutic, diagnostic, mental health, behavioral health, preventative, rehabilitative, supportive, consultative, referral, prescribing, or dispensing nature relating to the human reproductive system provided in accordance with the constitution and laws of this state, whether provided in person or by means of telehealth services which includes, but is not limited to, all services, care, and products relating to pregnancy, the termination of a pregnancy, assisted reproduction, or contraception.
1798.301.Reproductive health care services, gender-affirming health care services, and gender-affirming mental health care services are rights secured by the Constitution and laws of California. Interference with these rights, whether or not under the color of law, is against the public policy of California.
1798.302.A public act or record of a foreign jurisdiction that prohibits, criminalizes, sanctions, authorizes a person to bring a civil action against, or otherwise interferes with a person, provider, or other entity in California that seeks, receives, causes, aids in access to, aids, abets, provides, or attempts or intends to seek, receive, cause, aid in access to, aid, abet, or provide, reproductive health care services, gender-affirming health care services, or gender-affirming mental health care services shall be an interference with the exercise and enjoyment of the rights secured by the Constitution and laws of California and shall be a violation of the public policy of California.
1798.303.If a person, whether or not acting under color of law, engages or attempts to engage in abusive litigation that infringes on or interferes with, or attempts to infringe on or interfere with, a legally protected health care activity, then an aggrieved person, provider, carrier, or other entity, including a defendant in the abusive litigation, may institute a civil action for injunctive, monetary, or other appropriate relief within three years after the cause of action accrues.
1798.304.An aggrieved person, provider, or other entity, including a defendant in abusive litigation, may move to modify or quash a subpoena issued in connection with abusive litigation on the grounds that the subpoena is unreasonable, oppressive, or inconsistent with the public policy of California.
1798.305.If the court finds for the petitioner in an action authorized by Section 1798.303, recovery shall be in the amount of three times the amount of actual damages, which shall include damages for the amount of a judgment issued in connection with an abusive litigation, and any other expenses, costs, or reasonable attorneys fees incurred in connection with the abusive litigation.
1798.306.(a)A court may exercise jurisdiction over a person in an action authorized by Section 1798.303 if any of the following apply:
(1)Personal jurisdiction is found under Section 410.10 of the Code of Civil Procedure.
(2)The person has commenced an action in a court in California and, during the pendency of that action or an appeal therefrom, a summons and complaint is served on the person or the attorney appearing on the persons behalf in that action or as otherwise permitted by law.
(3)The exercise of jurisdiction is permitted under the Constitution of the United States.
(b)This section does not apply to a lawsuit or judgment entered in another state that is based on conduct for which a cause of action exists under the laws of California, including a contract, tort, common law, or statutory claim.
1798.307.Notwithstanding any other law, the laws of California shall govern in a case or controversy heard in California related to reproductive health care services, gender-affirming health care services, or gender-affirming mental health care services, except as may be required by federal law.
1798.308.This title shall not be construed to provide jurisdiction over a California resident in an out-of-state forum when the California resident has not availed themselves of that forum.
SEC. 7.Section 762.020 of the Code of Civil Procedure is amended to read:762.020.(a)If the name of a person required to be named as a defendant is not known to the plaintiff, the plaintiff shall so state in the complaint and shall name as parties all persons unknown in the manner provided in Section 762.060.
(b)If the claim or the share or quantity of the claim of a person required to be named as a defendant is unknown, uncertain, or contingent, the plaintiff shall so state in the complaint. If the lack of knowledge, uncertainty, or contingency is caused by a transfer to an unborn or unascertained beneficiary or class member, or by a transfer in the form of a contingent remainder, vested remainder subject to defeasance, executory interest, or similar disposition, the plaintiff shall also state in the complaint, so far as is known to the plaintiff, the name, age, and legal disability (if any) of the person in being who would be entitled to the claim had the contingency upon which the claim depends occurred prior to the commencement of the action.
SEC. 8.Section 872.520 of the Code of Civil Procedure is amended to read:872.520.(a)If the name of a person described in Section 872.510 is not known to the plaintiff, the plaintiff shall so state in the complaint and shall name as parties all persons unknown in the manner provided in Section 872.550.
(b)If the ownership or the share or quantity of the interest of a person described in Section 872.510 is unknown, uncertain, or contingent, the plaintiff shall so state in the complaint. If the lack of knowledge, uncertainty, or contingency is caused by a transfer to an unborn or unascertained beneficiary or class member, or by a transfer in the form of a contingent remainder, vested remainder subject to defeasance, executory interest, or similar disposition, the plaintiff shall also state in the complaint, so far as is known to the plaintiff, the name, age, and legal disability (if any) of the person in being who would be entitled to ownership of the interest had the contingency upon which the right of such person depends occurred prior to the commencement of the action.
(c)The court shall upon its own motion or upon motion of any party make such orders for joinder of additional parties and for appointment of guardians ad litem pursuant to Sections 372, 373, and 373.5 as are necessary or proper.
SEC. 9.Section 1710.50 of the Code of Civil Procedure is amended to read:1710.50.(a)The court shall grant a stay of enforcement where:
(1)An appeal from the sister state judgment is pending or may be taken in the state which originally rendered the judgment. Under this paragraph, enforcement shall be stayed until the proceedings on appeal have been concluded or the time for appeal has expired.
(2)A stay of enforcement of the sister state judgment has been granted in the sister state. Under this paragraph, enforcement shall be stayed until the sister state stay of enforcement expires or is vacated.
(3)The judgment debtor has made a motion to vacate pursuant to Section 1710.40. Under this paragraph, enforcement shall be stayed until the judgment debtors motion to vacate is determined.
(4)A money judgment or lien on real property was obtained against a person or entity for exercising a right guaranteed under the United States Constitution or a right guaranteed under the California Constitution, or against a person or entity for aiding and abetting the exercise of said rights. The stay of enforcement shall remain in place until such time as the statute of limitations in Section 1798.303 of the Civil Code has elapsed or an action prosecuted under Section 1798.303 has concluded, whichever is later.
(5)Any other circumstance exists where the interests of justice require a stay of enforcement.
(b)The court may grant a stay of enforcement under this section on its own motion, on ex parte motion, or on noticed motion.
(c)The court shall grant a stay of enforcement under this section on such terms and conditions as are just including but not limited to the following:
(1)The court may require an undertaking in an amount it determines to be just, but the amount of the undertaking shall not exceed double the amount of the judgment creditors claim.
(2)If a writ of execution has been issued, the court may order that it remain in effect.
(3)If property of the judgment debtor has been levied upon under a writ of execution, the court may order the levying officer to retain possession of the property capable of physical possession and to maintain the levy on other property.
SEC. 10.Section 22171 of the Education Code is amended to read:22171.(a)Spouse means a person who was continuously married to the member for the period beginning at least 12 months prior to the death of the member, unless a child is born to the member and the members spouse within the 12-month period or unless the spouse is carrying a fetus, conceived with the member.
(b)Spouse also means a person who was married to the member for less than 12 months, if the members death was either accidental, or due to an illness, and the marriage took place prior to the occurrence of the injury or diagnosis of the illness that resulted in death.
(1)A members death is defined as accidental only if the member received bodily injuries through violent, external, or accidental means and died as a direct result of the bodily injuries and independent of all other causes.
(2)This subdivision does not apply if, at the time of the marriage, the member could not have reasonably been expected to live for 12 months.
(c)Except as excluded by Sections 22661 and 23812, a person who is the registered domestic partner of a member, as established pursuant to Section 297 or 299.2 of the Family Code, shall be treated in the same manner as a spouse.
SEC. 11.Section 1317.1 of the Health and Safety Code is amended to read:1317.1.Unless the context otherwise requires, the following definitions shall control the construction of this article and Section 1371.4:
(a)(1)Emergency services and care means medical screening, examination, and evaluation by a physician and surgeon, or, to the extent permitted by applicable law, by other appropriate licensed persons under the supervision of a physician and surgeon, to determine if an emergency medical condition or active labor exists and, if it does, the care, treatment, and surgery, if within the scope of that persons license, necessary to relieve or eliminate the emergency medical condition, within the capability of the facility.
(2)(A)Emergency services and care also means an additional screening, examination, and evaluation by a physician, or other personnel to the extent permitted by applicable law and within the scope of their licensure and clinical privileges, to determine if a psychiatric emergency medical condition exists, and the care and treatment necessary to relieve or eliminate the psychiatric emergency medical condition, within the capability of the facility.
(B)The care and treatment necessary to relieve or eliminate a psychiatric emergency medical condition may include admission or transfer to a psychiatric unit within a general acute care hospital, as defined in subdivision (a) of Section 1250, or to an acute psychiatric hospital, as defined in subdivision (b) of Section 1250, pursuant to subdivision (k). Nothing in this subparagraph shall be construed to permit a transfer that is in conflict with the Lanterman-Petris-Short Act (Part 1 (commencing with Section 5000) of Division 5 of the Welfare and Institutions Code).
(C)For the purposes of Section 1371.4, emergency services and care as defined in subparagraph (A) shall not apply to Medi-Cal managed care plan contracts entered into with the State Department of Health Care Services pursuant to Chapter 7 (commencing with Section 14000), Chapter 8 (commencing with Section 14200), and Chapter 8.75 (commencing with Section 14590) of Part 3 of Division 9 of the Welfare and Institutions Code, to the extent that those services are excluded from coverage under those contracts.
(D)This paragraph does not expand, restrict, or otherwise affect the scope of licensure or clinical privileges for clinical psychologists or other medical personnel.
(b)Emergency medical condition means a medical condition manifesting itself by acute symptoms of sufficient severity (including severe pain) such that the absence of immediate medical attention could reasonably be expected to result in any of the following:
(1)Placing the patients health in serious jeopardy.
(2)Serious impairment to bodily functions.
(3)Serious dysfunction of any bodily organ or part.
(c)Active labor means a labor at a time at which either of the following would occur:
(1)There is inadequate time to effect safe transfer to another hospital prior to delivery.
(2)A transfer may pose a threat to the health and safety of the patient or the fetus.
(d)Hospital means all hospitals with an emergency department licensed by the state department.
(e)State department means the State Department of Public Health.
(f)Medical hazard means a material deterioration in medical condition in, or jeopardy to, a patients medical condition or expected chances for recovery.
(g)Board means the Medical Board of California.
(h)Within the capability of the facility means those capabilities that the hospital is required to have as a condition of its emergency medical services permit and services specified on Services Inventory Form 7041 filed by the hospital with the Department of Health Care Access and Information.
(i)Consultation means the rendering of an opinion or advice, prescribing treatment, or the rendering of a decision regarding hospitalization or transfer by telephone or other means of communication. When determined to be medically necessary, jointly by the treating physician and surgeon, or by other appropriate licensed persons acting within their scope of licensure, under the supervision of a physician and surgeon, and the consulting physician and surgeon, consultation includes review of the patients medical record, examination, and treatment of the patient in person by a consulting physician and surgeon, or by other appropriate licensed persons acting within their scope of licensure under the supervision of a consulting physician and surgeon, who is qualified to give an opinion or render the necessary treatment in order to stabilize the patient. A request for consultation shall be made by the treating physician and surgeon, or by other appropriate licensed persons acting within their scope of licensure under the supervision of a treating physician and surgeon, provided the request is made with the contemporaneous approval of the treating physician and surgeon. The treating physician and surgeon may request to communicate directly with the consulting physician and surgeon, and when determined to be medically necessary, jointly by the treating physician and surgeon and the consulting physician and surgeon, the consulting physician and surgeon shall examine and treat the patient in person. The consulting physician and surgeon is ultimately responsible for providing the necessary consultation to the patient, regardless of who makes the in-person appearance.
(j)A patient is stabilized or stabilization has occurred when, in the opinion of the treating physician and surgeon, or other appropriate licensed persons acting within their scope of licensure under the supervision of a treating physician and surgeon, the patients medical condition is such that, within reasonable medical probability, no material deterioration of the patients condition is likely to result from, or occur during, the release or transfer of the patient as provided for in Section 1317.2, Section 1317.2a, or other pertinent statute.
(k)(1)Psychiatric emergency medical condition means a mental disorder that manifests itself by acute symptoms of sufficient severity that it renders the patient as being either of the following:
(A)An immediate danger to themselves or to others.
(B)Immediately unable to provide for, or utilize, food, shelter, or clothing, due to the mental disorder.
(2)This subdivision does not expand, restrict, or otherwise affect the scope of licensure or clinical privileges for clinical psychologists or medical personnel.
(l)This section shall not be construed to expand the scope of licensure for licensed persons providing services pursuant to this section.
SEC. 12.Section 123450 of the Health and Safety Code is repealed.SEC. 13.Section 123468.5 is added to the Health and Safety Code, to read:123468.5.(a)(1)California law governs in any action in this state, whether civil, administrative, or criminal, against any person who provides, receives, aids or abets in providing or receiving, or attempts to provide or receive, by any means, including telehealth, the health care services described in paragraph (2) if the provider was located in this state or any other state where the care was legal at the time of the challenged conduct.
(2)Reproductive health care services and gender-affirming health care services, including gender-affirming mental health care services, are subject to paragraph (1).
(b)Reproductive health has the same meaning as set forth in Section 1798.300 of the Health and Safety Code.
(c)Gender-affirming health care services and gender-affirming mental health care services have the same meaning as defined in paragraph (3) of subdivision (b) of Section 16010.2 of the Welfare and Institutions Code.
SEC. 14.Section 187 of the Penal Code is amended to read:187.(a)Murder is the unlawful killing of a human being, or a fetus, with malice aforethought.
(b)This section shall not apply to any person who commits an act that results in the death of a fetus if any of the following apply:
(1)The act complied with the former Therapeutic Abortion Act (Article 2 (commencing with Section 123400) of Chapter 2 of Part 2 of Division 106 of the Health and Safety Code) or the Reproductive Privacy Act (Article 2.5 (commencing with Section 123460) of Chapter 2 of Part 2 of Division 106 of the Health and Safety Code).
(2)The act was committed by a holder of a physicians and surgeons certificate, as defined in the Business and Professions Code, in a case where, to a medical certainty, the result of childbirth would be death of the person pregnant with the fetus or where the pregnant persons death from childbirth, although not medically certain, would be substantially certain or more likely than not.
(3)It was an act or omission by the person pregnant with the fetus or was solicited, aided, abetted, or consented to by the person pregnant with the fetus.
(c)Subdivision (b) shall not be construed to prohibit the prosecution of any person under any other provision of law.
SEC. 15.Section 847.5 of the Penal Code is amended to read:847.5.(a)Except as provided in subdivision (b), if a person has been admitted to bail in another state, escapes bail, and is present in this state, the bail bondsman or other person who is bail for such fugitive, may file with a magistrate in the county where the fugitive is present an affidavit stating the name and whereabouts of the fugitive, the offense with which the alleged fugitive was charged or of which they were convicted, the time and place of same, and the particulars in which the fugitive has violated the terms of their bail, and may request the issuance of a warrant for arrest of the fugitive, and the issuance, after hearing, of an order authorizing the affiant to return the fugitive to the jurisdiction from which they escaped bail. The magistrate may require such additional evidence under oath as they deem necessary to decide the issue. If the magistrate concludes that there is probable cause for believing that the person alleged to be a fugitive is such, the magistrate may issue a warrant for the persons arrest. The magistrate shall notify the district attorney of the action and shall direct the district attorney to investigate the case and determine the facts of the matter. When the fugitive is brought before the magistrate pursuant to the warrant, the magistrate shall set a time and place for hearing, and shall advise the fugitive of their right to counsel and to produce evidence at the hearing. The magistrate may admit the fugitive to bail pending the hearing. The district attorney shall appear at the hearing. If, after hearing, the magistrate is satisfied from the evidence that the person is a fugitive, the magistrate may issue an order authorizing affiant to return the fugitive to the jurisdiction from which they escaped bail.
(b)A magistrate shall not issue a warrant for the arrest of an individual whose alleged offense or conviction is for the violation of the laws of another state that authorize a criminal penalty to an individual performing, receiving, supporting, or aiding in the performance or receipt of sexual or reproductive health care, including, but not limited to, an abortion, contraception, or gender-affirming care if the sexual or reproductive health care is lawful under the laws of this state, regardless of the recipients location.
(c)A bondsman or person authorized, pursuant to subdivision (a) of Section 1299.02, to apprehend, detain, or arrest a fugitive admitted to bail in another state who takes into custody a fugitive admitted to bail in another state whose alleged offense or conviction is for the violation of the laws of another state that authorize a criminal penalty to an individual performing, receiving, supporting, or aiding in the performance or receipt of an abortion, contraception, reproductive care, or gender-affirming care if the abortion, contraception, reproductive care, or gender-affirming care is lawful under the laws of this state, regardless of the recipients location, without a magistrates order, is ineligible for a license issued pursuant to Chapter 11.3 (commencing with Section 7512) of Division 3 of the Business and Professions Code or Section 1800 of the Insurance Code, and shall forfeit any license already obtained pursuant to those laws.
(d)A person who is taken into custody by a bail agent in violation of subdivision (b) may institute and prosecute a civil action for injunctive, monetary, or other appropriate relief against the bondsman and bond company within three years after the cause of action accrues.
(e)A bondsman or other person who is bail for a fugitive admitted to bail in another state who takes the fugitive into custody, except pursuant to an order issued under this section, is guilty of an infraction punishable by a fine of five thousand dollars ($5,000).
SEC. 16.Section 1299.02 of the Penal Code is amended to read:1299.02.(a)No person, other than a certified law enforcement officer, shall be authorized to apprehend, detain, or arrest a bail fugitive unless that person meets one of the following conditions:
(1)Is a bail as defined in paragraph (2) of subdivision (a) of Section 1299.01 who is also a bail fugitive recovery agent as defined in paragraph (4) of subdivision (a) of Section 1299.01.
(2)Is a bail fugitive recovery agent as defined in paragraph (4) of subdivision (a) of Section 1299.01.
(3)Is a licensed private investigator as provided in Chapter 11.3 (commencing with Section 7512) of Division 3 of the Business and Professions Code who is also a bail fugitive recovery agent as defined in paragraph (4) of subdivision (a) of Section 1299.01.
(b)This article shall not prohibit an arrest pursuant to Sections 837, 838, and 839, provided that no consideration is paid or allowed, directly or indirectly, to any person effecting an arrest pursuant to Sections 837, 838, and 839.
(c)Individuals who hold a bail license, bail fugitive recovery license, bail enforcer license, bail runner license, or private investigator license issued by another state shall not apprehend, detain, or arrest bail fugitives in California, unless that individual obtains a bail fugitive recovery agent license issued in this state and complies with California law.
(d)A person authorized, pursuant to subdivision (a), to apprehend, detain, or arrest a bail fugitive shall not apprehend, detain, or arrest a bail fugitive admitted to bail in another state whose alleged offense or conviction was for the violation of the laws of another state that authorize a criminal penalty to an individual performing, receiving, supporting, or aiding in the performance or receipt of sexual or reproductive health care, including, but not limited to, an abortion, contraception, or gender-affirming care if the sexual or reproductive health care is lawful under the laws of this state, regardless of the recipients location. A person who violates this subdivision is guilty of an infraction punishable by a fine of five thousand dollars ($5,000), is ineligible for a license issued pursuant to Chapter 11.3 (commencing with Section 7512) of Division 3 of the Business and Professions Code or Section 1800 of the Insurance Code, and shall forfeit any license already obtained pursuant to those laws. A person who is taken into custody by a bail agent in violation of this subdivision may institute and prosecute a civil action for injunctive, monetary, or other appropriate relief against the bail fugitive recovery agent within three years after the cause of action accrues.
(e)This section shall become operative on July 1, 2023.
SEC. 17.Section 1334.2 of the Penal Code is amended to read:1334.2.(a)Except as provided in subdivision (f), if a judge of a court of record in any state, which by its laws provides for commanding persons within that state to attend and testify in this state, issues a certificate under the seal of the court that there is a criminal prosecution pending in the court, or that there is a grand jury investigation, that a person within this state is a material witness in that prosecution or grand jury investigation, and that their presence will be required for a specified number of days, then, upon presentation of the certificate to a judge of a court of record in the county in which the person is, a time and place for a hearing shall be fixed by the judge and the judge shall make an order directing the witness to appear at the hearing.
(b)If, at the hearing, the judge determines that the witness is material and necessary, that it will not cause undue hardship to the witness to be compelled to attend and testify in the prosecution or grand jury investigation in the other state, and that the laws of the state in which the prosecution is pending or in which there is a grand jury investigation will give to the witness protection from arrest and service of civil and criminal process and will furnish in advance to the witness the sum of ten cents ($0.10) for each mile necessarily traveled if the witness elects surface travel or the minimum round trip scheduled airline fare plus twenty cents ($0.20) a mile for necessary surface travel at either end of the flight if the witness elects air travel, and, except as provided in subdivision (b) of Section 1334.3, a per diem of twenty dollars ($20) for each day that they are required to travel and attend as a witness and that the judge of the court in which the witness is ordered to appear will order the payment of witness fees authorized by law for each day the witness is required to attend the court plus reimbursement for any additional expenses of the witness which the judge of the court in which the witness is ordered to appear shall find reasonable and necessary, the judge shall issue a subpoena, with a copy of the certificate attached, directing the witness to attend and testify in the court where the prosecution is pending, or where the grand jury investigation is, at a time and place specified in the subpoena. In any of these hearings the certificate shall be prima facie evidence of all the facts stated therein.
(c)If the certificate recommends that the witness be taken into immediate custody and delivered to an officer of the requesting state to assure the witness attendance therein, the judge may, in lieu of notification of the hearing, direct that the witness be forthwith brought before the judge for the hearing.
(d)If the judge at the hearing is satisfied of the desirability of the custody and delivery, for which determination the certificate shall be prima facie proof of this desirability, the judge may, in lieu of issuing a subpoena, order that the witness be forthwith taken into custody and delivered to an officer of the requesting state.
(e)If the witness, who is subpoenaed as provided in this section, after being paid or tendered by some properly authorized person the sum or fare, and per diem set forth in this section, fails without good cause to attend and testify as directed in the subpoena, the witness shall be punished in the manner provided for the punishment of any witness who disobeys a subpoena issued from a court of record in this state.
(f)A judge shall not issue an order directing a witness to appear pursuant to this section if the criminal prosecution is based on the laws of another state that authorize a criminal penalty to an individual performing, receiving, supporting, or aiding in the performance or receipt of sexual or reproductive health care, including, but not limited to, an abortion, contraception, or gender-affirming care if the sexual or reproductive health care is lawful under the laws of this state.
SEC. 18.Section 1549.15 is added to the Penal Code, to read:1549.15.For purposes of this section, the following terms have the following meanings:
(a)Gender-affirming health care and gender-affirming mental health care have the same meaning as in paragraph (3) of subdivision (b) of Section 16010.2 of the Welfare and Institutions Code.
(b)(1)Legally protected health care activity means any of the following:
(A)The exercise and enjoyment, or attempted exercise and enjoyment, by a person of rights to reproductive health care services, gender-affirming health care services, or gender-affirming mental health care services secured by the Constitution or laws of California or the provision by a health care service plan contract or a policy, or a certificate of health insurance, that provides for such services.
(B)An act or omission undertaken to aid or encourage, or attempt to aid or encourage, a person in the exercise and enjoyment or attempted exercise and enjoyment of rights to reproductive health care services, gender-affirming health care services, or gender-affirming mental health care services secured by the Constitution or laws of California.
(C)The provision of reproductive health care services, gender-affirming health care services, or gender-affirming mental health care services by a person duly licensed under the laws of California or the coverage of, and reimbursement for, those services or care by a health care service plan or a health insurer, if the service or care is lawful under the laws of California, regardless of the patients location.
(2)Legally protected health care activity does not include any activity that would be deemed unprofessional conduct or that would violate antidiscrimination laws of California.
(c)Reproductive health care services means and includes all services, care, or products of a medical, surgical, psychiatric, therapeutic, diagnostic, mental health, behavioral health, preventative, rehabilitative, supportive, consultative, referral, prescribing, or dispensing nature relating to the human reproductive system provided in accordance with the constitution and laws of this state, whether provided in person or by means of telehealth services which includes, but is not limited to, all services, care, and products relating to pregnancy, the termination of a pregnancy, assisted reproduction, or contraception.
SEC. 19.Section 13778.3 is added to the Penal Code, to read:13778.3.(a)For purposes of this section, the following terms shall have the following meaning:
(1)Gender-affirming health care and gender-affirming mental health care have the same meaning as in paragraph (3) of subdivision (b) of Section 16010.2 of the Welfare and Institutions Code.
(2)Legally protected health care activity shall have the same meaning as in Section 1549.15.
(3)Reproductive health care services shall have the same meaning as in Section 1549.15.
(4)California corporation refers to any corporation or other entity that is subject to Section 102 of the Corporations Code, with the exception of foreign corporations.
(b)A state or local government employee, person or entity contracted by a state or local government, or person or entity acting on behalf of a local or state government shall not cooperate with or provide information to any individual, including a bondsman or person authorized, pursuant to subdivision (a) of Section 1299.02, to apprehend, detain, or arrest a fugitive admitted to bail in another state, or out-of-state agency or department regarding any legally protected health care activity or otherwise expend or use time, moneys, facilities, property, equipment, personnel, or other resources in furtherance of any investigation or proceeding that seeks to impose civil or criminal liability or professional sanctions upon a person or entity for any legally protected health care activity that occurred in this state or that would be legal if it occurred in this state.
(c)This section does not prohibit compliance with a valid, court-issued subpoena, warrant, wiretap order, pen register trap and trace order, or other legal process which does not relate to a law seeking to impose civil or criminal liability or professional sanctions for a legally protected health care activity, or in response to the written request of a person who is the subject of such an investigation or proceeding, to the extent necessary, in each case, to fulfill such request.
(d)Any out-of-state subpoena, warrant, wiretap order, pen register trap and trace order, legal process, or request from any law enforcement agent or entity shall include an affidavit or declaration under penalty of perjury that the discovery is not in connection with an out-of-state proceeding relating to any legally protected health care activity unless the out-of-state proceeding meets all of the following requirements:
(1)Is based in tort, contract, or on statute.
(2)Is actionable, in an equivalent or similar manner, under the laws of this state.
(3)Was brought by the patient who received a legally protected health care activity or the patients legal representative.
(e)A state court, judicial officer, court employee or clerk, or authorized attorney shall not issue a subpoena pursuant to any other states law unless it includes the affidavit or declaration defined in subdivision (d).
(f)A California corporation that provides electronic communication services or remote computing services to the general public shall not comply with an out of state subpoena, warrant, wiretap order, pen register trap and trace order, other legal process, or request by a law enforcement agent or entity seeking records that would reveal the identity of the customers using those services, data stored by, or on behalf of, the customer, the customers usage of those services, the recipient or destination of communications sent to or from those customers, or the content of those communications, unless the out of state subpoena, warrant, wiretap order, pen register trap and trace order, other legal process, or request from law enforcement includes the affidavit or declaration defined in subdivision (d). A corporation subject to this subdivision is entitled to rely on the representations made in the affidavit or declaration.
SEC. 20.Section 1003 of the Probate Code is amended to read:1003.(a)The court may, on its own motion or on request of a personal representative, guardian, conservator, trustee, or other interested person, appoint a guardian ad litem at any stage of a proceeding under this code to represent the interest of any of the following persons, if the court determines that representation of the interest otherwise would be inadequate:
(1)A minor.
(2)A person who lacks legal capacity to make decisions.
(3)An unborn beneficiary.
(4)An unascertained person.
(5)A person whose identity or address is unknown.
(6)A designated class of persons who are not ascertained or are not in being.
(b)If not precluded by a conflict of interest, a guardian ad litem may be appointed to represent several persons or interests.
(c)The reasonable expenses of the guardian ad litem, including compensation and attorneys fees, shall be determined by the court and paid as the court orders, either out of the property of the estate involved or by the petitioner or from any other source as the court orders.
(d)Before a court appoints a guardian ad litem pursuant to this chapter, a proposed guardian ad litem shall disclose both of the following to the court and all parties to the action or proceeding:
(1)Any known actual or potential conflicts of interest that would or might arise from the appointment.
(2)Any familial or affiliate relationship the proposed guardian ad litem has with any of the parties.
(e)If a guardian ad litem becomes aware that a potential conflict of interest has become an actual conflict of interest or that a new potential or actual conflict of interest exists, the guardian ad litem shall promptly disclose the conflict of interest to the court.
SEC. 21.Section 10954 of the Probate Code is amended to read:10954.(a)Notwithstanding any other provision of this part, the personal representative is not required to file an account if any of the following conditions is satisfied as to each person entitled to distribution from the estate:
(1)The person has executed and filed a written waiver of account or a written acknowledgment that the persons interest has been satisfied.
(2)Adequate provision has been made for satisfaction in full of the persons interest. This paragraph does not apply to a residuary devisee or a devisee whose interest in the estate is subject to abatement, payment of expenses, or accrual of interest or income.
(b)A waiver or acknowledgment under subdivision (a) shall be executed as follows:
(1)If the person entitled to distribution is an adult and competent, by that person.
(2)If the person entitled to distribution is a minor, by a person authorized to receive money or property belonging to the minor. If the waiver or acknowledgment is executed by a guardian of the estate of the minor, the waiver or acknowledgment may be executed without the need to obtain approval of the court in which the guardianship proceeding is pending.
(3)If the person entitled to distribution is a conservatee, by the conservator of the estate of the conservatee. The waiver or acknowledgment may be executed without the need to obtain approval of the court in which the conservatorship proceeding is pending.
(4)If the person entitled to distribution is a trust, by the trustee, but only if the named trustees written acceptance of the trust is filed with the court. In the case of a trust that is subject to the continuing jurisdiction of the court pursuant to Chapter 4 (commencing with Section 17300) of Part 5 of Division 9, the waiver or acknowledgment may be executed without the need to obtain approval of the court.
(5)If the person entitled to distribution is an estate, by the personal representative of the estate. The waiver or acknowledgment may be executed without the need to obtain approval of the court in which the estate is being administered.
(6)If the person entitled to distribution is incapacitated, is an unborn beneficiary, is unascertained, or is a person whose identity or address is unknown, or is a designated class of persons who are not ascertained or are not in being, and there is a guardian ad litem appointed to represent the person entitled to distribution, by the guardian ad litem.
(7)If the person entitled to distribution has designated an attorney in fact who has the power under the power of attorney to execute the waiver or acknowledgment, by either of the following:
(A)The person entitled to distribution if an adult and competent.
(B)The attorney in fact.
(c)Notwithstanding subdivision (a):
(1)The personal representative shall file a final report of administration at the time the final account would otherwise have been required. The final report shall include the amount of compensation paid or payable to the personal representative and to the attorney for the personal representative and shall set forth the basis for determining the amounts.
(2)A creditor whose interest has not been satisfied may petition under Section 10950 for an account.
SEC. 22.Section 15405 of the Probate Code is amended to read:15405.For the purposes of Sections 15403 and 15404, the consent of a beneficiary who lacks legal capacity, including a minor, or who is an unascertained or unborn beneficiary may be given in proceedings before the court by a guardian ad litem, if it would be appropriate to do so. In determining whether to give consent, the guardian ad litem may rely on general family benefit accruing to living members of the beneficiarys family as a basis for approving a modification or termination of the trust.
SEC. 23.Section 19507 of the Probate Code is amended to read:19507.(a)In this section, a notice period begins on the day notice is given under subdivision (c) and ends 59 days after the day notice is given.
(b)An authorized fiduciary may exercise the decanting power without the consent of any person and without court approval in compliance with this part.
(c)Except as otherwise provided in subdivision (h), an authorized fiduciary shall give notice of the intended exercise of the decanting power not later than 60 days before the exercise to all of the following:
(1)Each settlor of the first trust, if living or then in existence.
(2)Each qualified beneficiary of the first trust.
(3)Each holder of a presently exercisable power of appointment over any part or all of the first trust.
(4)Each person that currently has the right to remove or replace the authorized fiduciary.
(5)Each other fiduciary of the first trust.
(6)Each fiduciary of the second trust.
(7)The Attorney General, if subdivision (b) of Section 19514 applies.
(d)Unless the trust instrument provides otherwise, an authorized fiduciary shall give notice under subdivision (c) to the guardian ad litem for a qualified beneficiary who is a minor and has no representative or who is an unascertained or unborn beneficiary. If a guardian ad litem has not been appointed at the time of the notice, the authorized fiduciary shall seek the appointment of one. The court may appoint a guardian ad litem, for purposes of this section, in instances where the only matter before the court is that appointment.
(e)If an authorized fiduciary knows, or has reason to know, that a person entitled to notice under subdivision (c) is substantially unable to manage that persons own financial resources or resist fraud or undue influence, the authorized fiduciary shall give notice under subdivision (c) to that person and to the individual appointed to act on that persons behalf, including, but not limited to, an attorney-in-fact under a power of attorney. If no such individual has been appointed at the time of the notice, the authorized fiduciary shall seek the appointment of such an individual. The court may appoint a guardian ad litem, for purposes of this section, in instances where the only matter before the court is that appointment.
(f)An authorized fiduciary is not required to give notice under subdivision (c) to a person who is known to the fiduciary but cannot be located by the fiduciary after reasonable diligence.
(g)A notice under subdivision (c) shall include all of the following:
(1)A description of the manner in which the authorized fiduciary intends to exercise the decanting power, which shall include a statement as to the authorized fiduciarys reason for the proposed decanting and an explanation as to the differences between the first trust and the second trust or trusts.
(2)The proposed effective date for exercise of the power.
(3)A copy of the first trust instrument.
(4)A copy of all second trust instruments.
(5)A warning, set out in a separate paragraph in not less than 10-point bold type, or a reasonable equivalent thereof, that states the following:
If you do not bring a court action to contest the proposed trust decanting (the proposed changes to the trust) within 59 days of this notice, you will lose your right to contest the decanting.
(h)The decanting power may be exercised before expiration of the notice period under subdivision (a) if all persons entitled to receive notice waive the period in a signed waiver.
(i)The receipt of notice, waiver of the notice period, or expiration of the notice period does not affect the right of a person to file an application under Section 19509 that asserts either of the following:
(1)An attempted exercise of the decanting power is ineffective because it did not comply with this part or was an abuse of discretion or breach of fiduciary duty.
(2)Section 19522 applies to the exercise of the decanting power.
(j)The notice required by this section shall be served by mail to the last known address, pursuant to Section 1215, or by personal delivery.
SEC. 24.Section 11486.5 of the Welfare and Institutions Code is amended to read:11486.5.(a)An individual shall not be eligible for aid under this chapter if the individual is either:
(1)Fleeing to avoid prosecution, or custody and confinement after conviction, under the laws of the place from which the individual is fleeing, for a crime or an attempt to commit a crime that is a felony under the laws of the place from which the individual is fleeing, or which, in the case of the State of New Jersey, is a high misdemeanor under the laws of that state. For the purposes of this section, an individual shall be determined to be fleeing to avoid prosecution, or custody and confinement after conviction, if a federal, state, or local law enforcement officer, acting in an official capacity, presents an outstanding felony arrest warrant containing one or more of the following National Crime Information Center Offense Classification Codes:
(A)Escape (4901).
(B)Flight to Avoid (4902).
(C)Flight-Escape (4999).
(2)Violating a condition of probation or parole imposed under federal law or the law of any state.
(b)Subdivision (a) shall not apply with respect to conduct of an individual for any month beginning after the President of the United States grants a pardon with respect to the conduct.
SEC. 25.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.
SEC. 26.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
SEC. 27.Section 4.5 of this bill incorporates amendments to Section 2746.5 of the Business and Professions Code proposed by both this bill and Senate Bill 667. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2024, (2) each bill amends Section 2746.5 of the Business and Professions Code, and (3) this bill is enacted after Senate Bill 667, in which case Section 4 of this bill shall not become operative.
The Legislature finds and declares the following:
It is the intent of the Legislature that nothing herein shall be interpreted to undermine or decrease any existing protections under California law.
SEC. 2.Section 850.1 is added to the Business and Professions Code, to read:850.1.(a)A healing arts board shall not deny an application for licensure or suspend, revoke, or otherwise impose discipline upon a licensee or health care practitioner subject to this division on the basis of a civil judgment, criminal conviction, or disciplinary action in another state if that judgment, conviction, or disciplinary action is based solely on the application of another states law that interferes with a persons right to receive sensitive services that would be lawful if provided in this state, regardless of the patients location.
(b)This section does not apply to a civil judgment, criminal conviction, or disciplinary action imposed in another state based upon conduct in another state that would subject an applicant, licensee, or health care practitioner subject to this division to a similar claim, charge, or action under the laws of this state.
(c)For purposes of this section:
(1)Healing arts board means any board, division, or examining committee in the Department of Consumer Affairs that licenses or certifies health professionals.
(2)Sensitive services has the same meaning as in Section 56.05 of the Civil Code.
SECTION 1.SEC. 3.Section 852 is added to the Business and Professions Code, to read:852.(a)Notwithstanding any other law, a board shall not suspend or revoke the license of a person regulated under this division solely because that person provided a legally protected health care activity, as defined in Section 1798.300 of the Civil Code.(b)Notwithstanding any other law, a board shall not deny an application for licensure under this division or suspend, revoke, or otherwise impose discipline upon a person licensed pursuant to this division because the person was disciplined for or convicted of an offense in another state in which they were licensed if the suspension, revocation, or other discipline was for providing a legally protected health care activity, as defined in Section 1798.300 of the Civil Code.(c)852.The performance, recommendation, or provision of any legally protected health care activity, as defined in Section 1798.300 of the Civil Code, by a licensee or a health care practitioner subject to this division acting within their scope of practice, for a patient who resides in a state in which the performance, recommendation, or provision of that legally protected health care activity is illegal, shall not, by itself, constitute professional misconduct under this division or any regulation governing the licensure, certification, or authorization of such that licensee or practitioner, nor shall any license, certification, or authorization of a licensee or health care practitioner subject to this division be revoked, suspended, or annulled or otherwise subject to any other penalty or discipline provided in this division solely on the basis that the licensee or health care practitioner performed, recommended, or provided any legally protected health care activity for a patient who resides in a state in which the performance, recommendation, or provision of that legally protected health service is illegal.
SEC. 2.SEC. 4.Section 2746.5 of the Business and Professions Code is amended to read:2746.5.(a)The certificate to practice nurse-midwifery authorizes the holder to attend cases of low-risk pregnancy and childbirth and to provide prenatal, intrapartum, and postpartum care, including interconception care, family planning care, and immediate care for the newborn, consistent with the Core Competencies for Basic Midwifery Practice adopted by the American College of Nurse-Midwives, or its successor national professional organization, as approved by the board. For purposes of this subdivision, low-risk pregnancy means a pregnancy in which all of the following conditions are met:
(1)There is a single fetus.
(2)There is a cephalic presentation at onset of labor.
(3)The gestational age of the fetus is greater than or equal to 37 weeks and zero days and less than or equal to 42 weeks and zero days at the time of delivery.
(4)Labor is spontaneous or induced.
(5)The patient has no preexisting disease or condition, whether arising out of the pregnancy or otherwise, that adversely affects the pregnancy and that the certified nurse-midwife is not qualified to independently address consistent with this section.
(b)(1)The certificate to practice nurse-midwifery authorizes the holder to practice with a physician and surgeon under mutually agreed-upon policies and protocols that delineate the parameters for consultation, collaboration, referral, and transfer of a patients care, signed by both the certified nurse-midwife and a physician and surgeon to do either of the following:
(A)Provide a patient with care that falls outside the scope of services specified in subdivision (a).
(B)Provide intrapartum care to a patient who has had a prior cesarean section or surgery that interrupts the myometrium.
(2)If a physician and surgeon assumes care of the patient, the certified nurse-midwife may continue to attend the birth of the newborn and participate in physical care, counseling, guidance, teaching, and support, as indicated by the mutually agreed-upon policies and protocols signed by both the certified nurse-midwife and a physician and surgeon.
(3)After a certified nurse-midwife refers a patient to a physician and surgeon, the certified nurse-midwife may continue care of the patient during a reasonable interval between the referral and the initial appointment with the physician and surgeon.
(c)(1)If a nurse-midwife does not have in place mutually agreed-upon policies and protocols that delineate the parameters for consultation, collaboration, referral, and transfer of a patients care, signed by both the certified nurse-midwife and a physician and surgeon pursuant to paragraph (1) of subdivision (b), the patient shall be transferred to the care of a physician and surgeon to do either or both of the following:
(A)Provide a patient with care that falls outside the scope of services specified in subdivision (a).
(B)Provide intrapartum care to a patient who has had a prior cesarean section or surgery that interrupts the myometrium.
(2)After the certified nurse-midwife initiates the process of transfer pursuant to paragraph (1), for a patient who otherwise meets the definition of a low-risk pregnancy but no longer meets the criteria specified in paragraph (3) of subdivision (a) because the gestational age of the fetus is greater than 42 weeks and zero days, if there is inadequate time to effect safe transfer to a hospital prior to delivery or transfer may pose a threat to the health and safety of the patient or the fetus, the certified nurse-midwife may continue care of the patient consistent with the transfer plan described in subdivision (a) of Section 2746.54.
(3)A patient who has been transferred from the care of a certified nurse-midwife to that of a physician and surgeon may return to the care of the certified nurse-midwife after the physician and surgeon has determined that the condition or circumstance that required, or would require, the transfer from the care of the nurse-midwife pursuant to paragraph (1) is resolved.
(d)The certificate to practice nurse-midwifery authorizes the holder to attend pregnancy and childbirth in an out-of-hospital setting if consistent with subdivisions (a), (b), and (c).
(e)This section shall not be interpreted to deny a patients right to self-determination or informed decisionmaking with regard to choice of provider or birth setting.
(f)The certificate to practice nurse-midwifery does not authorize the holder of the certificate to assist childbirth by vacuum or forceps extraction, or to perform any external cephalic version.
(g)A certified nurse-midwife shall document all consultations, referrals, and transfers in the patient record.
(h)(1)A certified nurse-midwife shall refer all emergencies to a physician and surgeon immediately.
(2)A certified nurse-midwife may provide emergency care until the assistance of a physician and surgeon is obtained.
(i)This chapter does not authorize a nurse-midwife to practice medicine or surgery.
(j)This section shall not be construed to require a physician and surgeon to sign protocols and procedures for a nurse-midwife or to permit any action that violates Section 2052 or 2400.
(k)This section shall not be construed to require a nurse-midwife to have mutually agreed-upon, signed policies and protocols for the provision of services described in subdivision (a).
SEC. 4.5.Section 2746.5 of the Business and Professions Code is amended to read:2746.5.(a)The certificate to practice nurse-midwifery authorizes the holder to attend cases of low-risk pregnancy and childbirth and to provide prenatal, intrapartum, and prenatal care, intrapartum care, postpartum care, including immediate care for the newborn, interconception care, family planning care, and immediate care for the newborn, care for common gynecologic conditions, consistent with the Core Competencies for Basic Midwifery Practice adopted by the American College of Nurse-Midwives, or its successor national professional organization, as approved by the board. For purposes of this subdivision, low-risk pregnancy means a pregnancy in which all of the following conditions are met:
(1)There is a single fetus.
(2)There is a cephalic presentation at onset of labor.
(3)The gestational age of the fetus is greater than or equal to 37 weeks and zero days and less than or equal to 42 weeks and zero days at the time of delivery.
(4)Labor is spontaneous or induced.
(5)The patient has no preexisting disease or condition, whether arising out of the pregnancy or otherwise, that adversely affects the pregnancy and that the certified nurse-midwife is not qualified to independently address consistent with this section.
(b)(1)The certificate to practice nurse-midwifery authorizes the holder to practice with a physician and surgeon under mutually agreed-upon policies and protocols holder, pursuant to policies and protocols that are mutually agreed upon with a physician and surgeon, that delineate the parameters for consultation, collaboration, referral, and transfer of a patients care, and that are signed by both the certified nurse-midwife and a physician and surgeon surgeon, to do either any of the following:
(A)Provide a patient with care that falls outside the scope of services specified in subdivision (a).
(B)Provide intrapartum care to a patient who has had a prior cesarean section or surgery that interrupts the myometrium.
(C)Furnish or order a Schedule II or III controlled substance, including for patients that fall within the scope of services specified in subdivision (a).
(2)If a physician and surgeon assumes care of the patient, the certified nurse-midwife may continue to attend the birth of the newborn and participate in physical care, counseling, guidance, teaching, and support, as indicated by the mutually agreed-upon policies and protocols signed by both the certified nurse-midwife and a physician and surgeon.
(3)After a certified nurse-midwife refers a patient to a physician and surgeon, the certified nurse-midwife may continue care of the patient during a reasonable interval between the referral and the initial appointment with the physician and surgeon.
(c)(1)If a nurse-midwife does not have in place mutually agreed-upon policies and protocols that delineate the parameters for consultation, collaboration, referral, and transfer of a patients care, signed by both the certified nurse-midwife and a physician and surgeon pursuant to paragraph (1) of subdivision (b), the patient shall be transferred to the care of a physician and surgeon to do either or both of the following:
(A)Provide a patient with care that falls outside the scope of services specified in subdivision (a).
(B)Provide intrapartum care to a patient who has had a prior cesarean section or surgery that interrupts the myometrium.
(2)After the certified nurse-midwife initiates the process of transfer pursuant to paragraph (1), for a patient who otherwise meets the definition of a low-risk pregnancy but no longer meets the criteria specified in paragraph (3) of subdivision (a) because the gestational age of the fetus is greater than 42 weeks and zero days, if there is inadequate time to effect safe transfer to a hospital prior to delivery or transfer may pose a threat to the health and safety of the patient or the unborn child, fetus, the certified nurse-midwife may continue care of the patient consistent with the transfer plan described in subdivision (a) of Section 2746.54.
(3)A patient who has been transferred from the care of a certified nurse-midwife to that of a physician and surgeon may return to the care of the certified nurse-midwife after the physician and surgeon has determined that the condition or circumstance that required, or would require, the transfer from the care of the nurse-midwife pursuant to paragraph (1) is resolved.
(d)The certificate to practice nurse-midwifery authorizes the holder to attend pregnancy and childbirth in an out-of-hospital setting if consistent with subdivisions (a), (b), and (c).
(e)This section shall not be interpreted to deny a patients right to self-determination or informed decisionmaking with regard to choice of provider or birth setting.
(f)The certificate to practice nurse-midwifery does not authorize the holder of the certificate to assist childbirth by vacuum or forceps extraction, or to perform any external cephalic version.
(g)A certified nurse-midwife shall document all consultations, referrals, and transfers in the patient record.
(h)(1)A certified nurse-midwife shall refer all emergencies to a physician and surgeon immediately.
(2)A certified nurse-midwife may provide emergency care until the assistance of a physician and surgeon is obtained.
(i)This chapter does not authorize a nurse-midwife to practice medicine or surgery.
(j)This section shall not be construed to require a physician and surgeon to sign protocols and procedures for a nurse-midwife or to permit any action that violates Section 2052 or 2400.
(k)This section shall not be construed to require a nurse-midwife to have mutually agreed-upon, signed policies and protocols for the provision of services described in subdivision (a).
(l)Notwithstanding any other law, subject to the discretion of a general acute care hospital, as defined in subdivision (a) of Section 1250 of the Health and Safety Code, or a special hospital specified as a maternity hospital, as defined in subdivision (f) of Section 1250 of the Health and Safety Code, and the medical staff bylaws of that facility, a hospital may grant privileges to a certified nurse-midwife, allowing them to admit and discharge patients upon their own authority, within their scope of practice, as delineated in this section, and in accordance with organized medical staff bylaws of that facility.
SEC. 3.SEC. 5.Title 1.81.49 (commencing with Section 1798.99.90) is added to Part 4 of Division 3 of the Civil Code, to read:1.81.49.Family Planning Center Location Data1798.99.90.(a)A person or business shall not collect, use, disclose, or retain the personal information of a person who is physically located at, or within a precise geolocation of, a family planning center, except as specified in subdivision (c).
(b)For purposes of this section, the following definitions apply:
(1)Business means the same as defined in subdivision (c) of Section 1798.140.
(2)Collect means the same as defined in subdivision (f) of Section 1798.140.
(3)Family planning center means a business categorized as a family planning center by the North American Industry Classification System adopted by the United States Census Bureau, including, but not limited to, a clinic or center that provides reproductive health care services as defined in Section 1798.300 of the Civil Code.
(4)Personal information has the same definition as that term is defined in subdivision (v) of Section 1798.140, except as applied to all persons and not limited to consumers and households, as those terms are defined in subdivisions (i) and (q), respectively, of that section.
(5)Precise geolocation means a geographic area that is equal to or less than the area of a circle with a radius of 1,850 feet as derived from a device that is used or intended to be used to locate a person.
(6)Sell means the same as defined in subdivision (ad) of Section 1798.140.
(7)Share means the same as defined in subdivision (ah) of Section 1798.140.
(c)A person or business shall not collect, use, disclose, or retain the personal information of a person who is physically located at, or within a precise geolocation of, a family planning center, except only as necessary to perform the services or provide the goods requested by the person. A person or business shall not sell or share this personal information.
(d)(1)An aggrieved person or entity, including a family planning center, may institute and prosecute a civil action against any person or business who violates this section for injunctive and monetary relief and attorneys fees within three years of discovery of the violation.
(2)If the court finds for the petitioner in an action authorized by paragraph (1), recovery shall be in the amount of three times the amount of actual damages and any other expenses, costs, or reasonable attorneys fees incurred in connection with the litigation.
(e)This section does not apply of to a provider of health care, a health care service plan, or contractor, as those terms are defined in Section 56.05.
SEC. 4.SEC. 6.Title 1.81.7 (commencing with Section 1798.300) is added to Part 4 of Division 3 of the Civil Code, to read:1.81.7.Reproductive and Gender-Affirming Health Care Services1798.300.As used in this title, the following definitions apply:
(a)Abusive litigation means litigation or other legal action to deter, prevent, sanction, or punish a person engaging in legally protected health care activity by either of the following:
(1)Filing or prosecuting an action in a state other than California where liability, in whole or part, directly or indirectly, is based on a legally protected health care activity that was legal in the state in which it occurred, including an action in which liability is based on a theory of vicarious, joint, or several liability.
(2)Attempting to enforce an order or judgment issued in connection with an action described in paragraph (1) by a party to that action or a person acting on behalf of a party to that action. An action shall be considered to be based on conduct that was legal in the state in which it occurred if a part of an act or omission involved in the course of conduct that forms the basis for liability in the action occurs or is initiated in a state in which the health care was legal, whether or not the act or omission is alleged or included in a pleading or other filing in the lawsuit.
(b)Aggrieved person, provider, or other entity includes, but is not limited to, a person who resides in California, a business or entity doing business in the state or located in the state, a health care service plan, a health insurer, a person or entity that provided a legally protected health care activity in California, a person who received a legally protected health care activity from a provider licensed in California, a person or entity that is licensed in California to provide a legally protected health care activity, including a provider, clinic, or a person who assisted a person or entity that received or provided a legally protected health care activity in California.
(c)Gender-affirming health care services and gender-affirming mental health care services have the same meaning as defined in paragraph (3) of subdivision (b) of Section 16010.2 of the Welfare and Institutions Code.
(d)(1)Legally protected health care activity means any of the following:
(A)The exercise and enjoyment, or attempted exercise and enjoyment, by a person of rights to reproductive health care services, gender-affirming health care services, or gender-affirming mental health care services secured by the Constitution or laws of California or the provision by a health care service plan contract or a policy, or a certificate of health insurance, that provides for such services.
(B)An act or omission undertaken to aid or encourage, or attempt to aid or encourage, a person in the exercise and enjoyment or attempted exercise and enjoyment of rights to reproductive health care services, gender-affirming health care services, or gender-affirming mental health care services secured by the Constitution or laws of California.
(C)The provision of reproductive health care services, gender-affirming health care services, or gender-affirming mental health care services by a person duly licensed under the laws of California and or the coverage of, and reimbursement for, such services or care by a health care service plan or a health insurer, if the service or care is lawful under the laws of California, regardless of the patients location.
(2)Legally protected health care activity does not include any activity that would be deemed unprofessional conduct or that would violate antidiscrimination laws of California.
(e)Reproductive health care services means and includes all services, care, or products of a medical, surgical, psychiatric, therapeutic, diagnostic, mental health, behavioral health, preventative, rehabilitative, supportive, consultative, referral, prescribing, or dispensing nature relating to the human reproductive system provided in accordance with the constitution and laws of this state, whether provided in person or by means of telehealth services which includes, but is not limited to, all services, care, and products relating to pregnancy, the termination of a pregnancy, assisted reproduction, or contraception.
1798.301.Reproductive health care services, gender-affirming health care services, and gender-affirming mental health care services are rights secured by the Constitution and laws of California. Interference with these rights, whether or not under the color of law, is against the public policy of California.
1798.302.A public act or record of a foreign jurisdiction that prohibits, criminalizes, sanctions, authorizes a person to bring a civil action against, or otherwise interferes with a person, provider, or other entity in California that seeks, receives, causes, aids in access to, aids, abets, provides, or attempts or intends to seek, receive, cause, aid in access to, aid, abet, or provide, reproductive health care services, gender-affirming health care services, or gender-affirming mental health care services shall be an interference with the exercise and enjoyment of the rights secured by the Constitution and laws of California and shall be a violation of the public policy of California.
1798.303.If a person, whether or not acting under color of law, engages or attempts to engage in abusive litigation that infringes on or interferes with, or attempts to infringe on or interfere with, a legally protected health care activity, then an aggrieved person, provider, carrier, or other entity, including a defendant in the abusive litigation, may institute a civil action for injunctive, monetary, or other appropriate relief within three years after the cause of action accrues.
1798.304.An aggrieved person, provider, or other entity, including a defendant in abusive litigation, may move to modify or quash a subpoena issued in connection with abusive litigation on the grounds that the subpoena is unreasonable, oppressive, or inconsistent with the public policy of California.
1798.305.If the court finds for the petitioner in an action authorized by Section 1798.303, recovery shall be in the amount of three times the amount of actual damages, which shall include damages for the amount of a judgment issued in connection with an abusive litigation, and any other expenses, costs, or reasonable attorneys fees incurred in connection with the abusive litigation.
1798.306.(a)A court may exercise jurisdiction over a person in an action authorized by Section 1798.303 if any of the following apply:
(1)Personal jurisdiction is found under Section 410.10 of the Code of Civil Procedure.
(2)The person has commenced an action in a court in California and, during the pendency of that action or an appeal therefrom, a summons and complaint is served on the person or the attorney appearing on the persons behalf in that action or as otherwise permitted by law.
(3)The exercise of jurisdiction is permitted under the Constitution of the United States.
(b)This section does not apply to a lawsuit or judgment entered in another state that is based on conduct for which a cause of action exists under the laws of California, including a contract, tort, common law, or statutory claim.
1798.307.Notwithstanding any other law, the laws of California shall govern in a case or controversy heard in California related to reproductive health care services, gender-affirming health care services, or gender-affirming mental health care services, except as may be required by federal law.
1798.308.This title shall not be construed to provide jurisdiction over a California resident in an out-of-state forum when the California resident has not availed themselves of that forum.
SEC. 5.SEC. 7.Section 762.020 of the Code of Civil Procedure is amended to read:762.020.(a)If the name of a person required to be named as a defendant is not known to the plaintiff, the plaintiff shall so state in the complaint and shall name as parties all persons unknown in the manner provided in Section 762.060.
(b)If the claim or the share or quantity of the claim of a person required to be named as a defendant is unknown, uncertain, or contingent, the plaintiff shall so state in the complaint. If the lack of knowledge, uncertainty, or contingency is caused by a transfer to an unborn or unascertained beneficiary or class member, or by a transfer in the form of a contingent remainder, vested remainder subject to defeasance, executory interest, or similar disposition, the plaintiff shall also state in the complaint, so far as is known to the plaintiff, the name, age, and legal disability (if any) of the person in being who would be entitled to the claim had the contingency upon which the claim depends occurred prior to the commencement of the action.
SEC. 6.SEC. 8.Section 872.520 of the Code of Civil Procedure is amended to read:872.520.(a)If the name of a person described in Section 872.510 is not known to the plaintiff, the plaintiff shall so state in the complaint and shall name as parties all persons unknown in the manner provided in Section 872.550.
(b)If the ownership or the share or quantity of the interest of a person described in Section 872.510 is unknown, uncertain, or contingent, the plaintiff shall so state in the complaint. If the lack of knowledge, uncertainty, or contingency is caused by a transfer to an unborn or unascertained beneficiary or class member, or by a transfer in the form of a contingent remainder, vested remainder subject to defeasance, executory interest, or similar disposition, the plaintiff shall also state in the complaint, so far as is known to the plaintiff, the name, age, and legal disability (if any) of the person in being who would be entitled to ownership of the interest had the contingency upon which the right of such person depends occurred prior to the commencement of the action.
(c)The court shall upon its own motion or upon motion of any party make such orders for joinder of additional parties and for appointment of guardians ad litem pursuant to Sections 372, 373, and 373.5 as are necessary or proper.
SEC. 7.SEC. 9.Section 1710.50 of the Code of Civil Procedure is amended to read:1710.50.(a)The court shall grant a stay of enforcement where:
(1)An appeal from the sister state judgment is pending or may be taken in the state which originally rendered the judgment. Under this paragraph, enforcement shall be stayed until the proceedings on appeal have been concluded or the time for appeal has expired.
(2)A stay of enforcement of the sister state judgment has been granted in the sister state. Under this paragraph, enforcement shall be stayed until the sister state stay of enforcement expires or is vacated.
(3)The judgment debtor has made a motion to vacate pursuant to Section 1710.40. Under this paragraph, enforcement shall be stayed until the judgment debtors motion to vacate is determined.
(4)A money judgment or lien on real property was obtained against a person or entity for exercising a right guaranteed under the United States Constitution or a right guaranteed under the California Constitution, or against a person or entity for aiding and abetting the exercise of said rights. The stay of enforcement shall remain in place until such time as the statute of limitations in Section 1798.303 of the Civil Code has elapsed or an action prosecuted under Section 1798.303 has concluded, whichever is later.
(5)Any other circumstance exists where the interests of justice require a stay of enforcement.
(b)The court may grant a stay of enforcement under this section on its own motion, on ex parte motion, or on noticed motion.
(c)The court shall grant a stay of enforcement under this section on such terms and conditions as are just including but not limited to the following:
(1)The court may require an undertaking in an amount it determines to be just, but the amount of the undertaking shall not exceed double the amount of the judgment creditors claim.
(2)If a writ of execution has been issued, the court may order that it remain in effect.
(3)If property of the judgment debtor has been levied upon under a writ of execution, the court may order the levying officer to retain possession of the property capable of physical possession and to maintain the levy on other property.
SEC. 8.SEC. 10.Section 22171 of the Education Code is amended to read:22171.(a)Spouse means a person who was continuously married to the member for the period beginning at least 12 months prior to the death of the member, unless a child is born to the member and the members spouse within the 12-month period or unless the spouse is carrying a fetus, conceived with the member.
(b)Spouse also means a person who was married to the member for less than 12 months, if the members death was either accidental, or due to an illness, and the marriage took place prior to the occurrence of the injury or diagnosis of the illness that resulted in death.
(1)A members death is defined as accidental only if the member received bodily injuries through violent, external, or accidental means and died as a direct result of the bodily injuries and independent of all other causes.
(2)This subdivision does not apply if, at the time of the marriage, the member could not have reasonably been expected to live for 12 months.
(c)Except as excluded by Sections 22661 and 23812, a person who is the registered domestic partner of a member, as established pursuant to Section 297 or 299.2 of the Family Code, shall be treated in the same manner as a spouse.
SEC. 9.SEC. 11.Section 1317.1 of the Health and Safety Code is amended to read:1317.1.Unless the context otherwise requires, the following definitions shall control the construction of this article and Section 1371.4:
(a)(1)Emergency services and care means medical screening, examination, and evaluation by a physician and surgeon, or, to the extent permitted by applicable law, by other appropriate licensed persons under the supervision of a physician and surgeon, to determine if an emergency medical condition or active labor exists and, if it does, the care, treatment, and surgery, if within the scope of that persons license, necessary to relieve or eliminate the emergency medical condition, within the capability of the facility.
(2)(A)Emergency services and care also means an additional screening, examination, and evaluation by a physician, or other personnel to the extent permitted by applicable law and within the scope of their licensure and clinical privileges, to determine if a psychiatric emergency medical condition exists, and the care and treatment necessary to relieve or eliminate the psychiatric emergency medical condition, within the capability of the facility.
(B)The care and treatment necessary to relieve or eliminate a psychiatric emergency medical condition may include admission or transfer to a psychiatric unit within a general acute care hospital, as defined in subdivision (a) of Section 1250, or to an acute psychiatric hospital, as defined in subdivision (b) of Section 1250, pursuant to subdivision (k). Nothing in this subparagraph shall be construed to permit a transfer that is in conflict with the Lanterman-Petris-Short Act (Part 1 (commencing with Section 5000) of Division 5 of the Welfare and Institutions Code).
(C)For the purposes of Section 1371.4, emergency services and care as defined in subparagraph (A) shall not apply to Medi-Cal managed care plan contracts entered into with the State Department of Health Care Services pursuant to Chapter 7 (commencing with Section 14000), Chapter 8 (commencing with Section 14200), and Chapter 8.75 (commencing with Section 14590) of Part 3 of Division 9 of the Welfare and Institutions Code, to the extent that those services are excluded from coverage under those contracts.
(D)This paragraph does not expand, restrict, or otherwise affect the scope of licensure or clinical privileges for clinical psychologists or other medical personnel.
(b)Emergency medical condition means a medical condition manifesting itself by acute symptoms of sufficient severity (including severe pain) such that the absence of immediate medical attention could reasonably be expected to result in any of the following:
(1)Placing the patients health in serious jeopardy.
(2)Serious impairment to bodily functions.
(3)Serious dysfunction of any bodily organ or part.
(c)Active labor means a labor at a time at which either of the following would occur:
(1)There is inadequate time to effect safe transfer to another hospital prior to delivery.
(2)A transfer may pose a threat to the health and safety of the patient or the fetus.
(d)Hospital means all hospitals with an emergency department licensed by the state department.
(e)State department means the State Department of Public Health.
(f)Medical hazard means a material deterioration in medical condition in, or jeopardy to, a patients medical condition or expected chances for recovery.
(g)Board means the Medical Board of California.
(h)Within the capability of the facility means those capabilities that the hospital is required to have as a condition of its emergency medical services permit and services specified on Services Inventory Form 7041 filed by the hospital with the Department of Health Care Access and Information.
(i)Consultation means the rendering of an opinion or advice, prescribing treatment, or the rendering of a decision regarding hospitalization or transfer by telephone or other means of communication. When determined to be medically necessary, jointly by the treating physician and surgeon, or by other appropriate licensed persons acting within their scope of licensure, under the supervision of a physician and surgeon, and the consulting physician and surgeon, consultation includes review of the patients medical record, examination, and treatment of the patient in person by a consulting physician and surgeon, or by other appropriate licensed persons acting within their scope of licensure under the supervision of a consulting physician and surgeon, who is qualified to give an opinion or render the necessary treatment in order to stabilize the patient. A request for consultation shall be made by the treating physician and surgeon, or by other appropriate licensed persons acting within their scope of licensure under the supervision of a treating physician and surgeon, provided the request is made with the contemporaneous approval of the treating physician and surgeon. The treating physician and surgeon may request to communicate directly with the consulting physician and surgeon, and when determined to be medically necessary, jointly by the treating physician and surgeon and the consulting physician and surgeon, the consulting physician and surgeon shall examine and treat the patient in person. The consulting physician and surgeon is ultimately responsible for providing the necessary consultation to the patient, regardless of who makes the in-person appearance.
(j)A patient is stabilized or stabilization has occurred when, in the opinion of the treating physician and surgeon, or other appropriate licensed persons acting within their scope of licensure under the supervision of a treating physician and surgeon, the patients medical condition is such that, within reasonable medical probability, no material deterioration of the patients condition is likely to result from, or occur during, the release or transfer of the patient as provided for in Section 1317.2, Section 1317.2a, or other pertinent statute.
(k)(1)Psychiatric emergency medical condition means a mental disorder that manifests itself by acute symptoms of sufficient severity that it renders the patient as being either of the following:
(A)An immediate danger to themselves or to others.
(B)Immediately unable to provide for, or utilize, food, shelter, or clothing, due to the mental disorder.
(2)This subdivision does not expand, restrict, or otherwise affect the scope of licensure or clinical privileges for clinical psychologists or medical personnel.
(l)This section shall not be construed to expand the scope of licensure for licensed persons providing services pursuant to this section.
SEC. 10.SEC. 12.Section 123450 of the Health and Safety Code is repealed.SEC. 11.SEC. 13.Section 123468.5 is added to the Health and Safety Code, to read:123468.5.(a)(1)California law governs in any action in this state, whether civil, administrative, or criminal, against any person who provides, receives, aids or abets in providing or receiving, or attempts to provide or receive, by any means, including telehealth, the health care services described in paragraph (2) if the provider was located in this state or any other state where the care was legal at the time of the challenged conduct.
(2)Reproductive health care services and gender-affirming health care services, including gender-affirming mental health care services, are subject to paragraph (1).
(b)Reproductive health has the same meaning as set forth in Section 1798.300 of the Health and Safety Code.
(c)Gender-affirming health care services and gender-affirming mental health care services have the same meaning as defined in paragraph (3) of subdivision (b) of Section 16010.2 of the Welfare and Institutions Code.
SEC. 12.SEC. 14.Section 187 of the Penal Code is amended to read:187.(a)Murder is the unlawful killing of a human being, or a fetus, with malice aforethought.
(b)This section shall not apply to any person who commits an act that results in the death of a fetus if any of the following apply:
(1)The act complied with the former Therapeutic Abortion Act (Article 2 (commencing with Section 123400) of Chapter 2 of Part 2 of Division 106 of the Health and Safety Code) or the Reproductive Privacy Act (Article 2.5 (commencing with Section 123460) of Chapter 2 of Part 2 of Division 106 of the Health and Safety Code).
(2)The act was committed by a holder of a physicians and surgeons certificate, as defined in the Business and Professions Code, in a case where, to a medical certainty, the result of childbirth would be death of the person pregnant with the fetus or where the pregnant persons death from childbirth, although not medically certain, would be substantially certain or more likely than not.
(3)It was an act or omission by the person pregnant with the fetus or was solicited, aided, abetted, or consented to by the person pregnant with the fetus.
(c)Subdivision (b) shall not be construed to prohibit the prosecution of any person under any other provision of law.
SEC. 13.SEC. 15.Section 847.5 of the Penal Code is amended to read:847.5.(a)Except as provided in subdivision (b), if a person has been admitted to bail in another state, escapes bail, and is present in this state, the bail bondsman or other person who is bail for such fugitive, may file with a magistrate in the county where the fugitive is present an affidavit stating the name and whereabouts of the fugitive, the offense with which the alleged fugitive was charged or of which they were convicted, the time and place of same, and the particulars in which the fugitive has violated the terms of their bail, and may request the issuance of a warrant for arrest of the fugitive, and the issuance, after hearing, of an order authorizing the affiant to return the fugitive to the jurisdiction from which they escaped bail. The magistrate may require such additional evidence under oath as they deem necessary to decide the issue. If the magistrate concludes that there is probable cause for believing that the person alleged to be a fugitive is such, the magistrate may issue a warrant for the persons arrest. The magistrate shall notify the district attorney of the action and shall direct the district attorney to investigate the case and determine the facts of the matter. When the fugitive is brought before the magistrate pursuant to the warrant, the magistrate shall set a time and place for hearing, and shall advise the fugitive of their right to counsel and to produce evidence at the hearing. The magistrate may admit the fugitive to bail pending the hearing. The district attorney shall appear at the hearing. If, after hearing, the magistrate is satisfied from the evidence that the person is a fugitive, the magistrate may issue an order authorizing affiant to return the fugitive to the jurisdiction from which they escaped bail.
(b)A magistrate shall not issue a warrant for the arrest of an individual whose alleged offense or conviction is for the violation of the laws of another state that authorize a criminal penalty to an individual performing, receiving, supporting, or aiding in the performance or receipt of sexual or reproductive health care, including, but not limited to, an abortion, contraception, or gender-affirming care if the sexual or reproductive health care is lawful under the laws of this state, regardless of the recipients location.
(c)A bondsman or person authorized, pursuant to subdivision (a) of Section 1299.02, to apprehend, detain, or arrest a fugitive admitted to bail in another state who takes into custody a fugitive admitted to bail in another state whose alleged offense or conviction is for the violation of the laws of another state that authorize a criminal penalty to an individual performing, receiving, supporting, or aiding in the performance or receipt of an abortion, contraception, reproductive care, or gender-affirming care if the abortion, contraception, reproductive care, or gender-affirming care is lawful under the laws of this state, regardless of the recipients location, without a magistrates order, is ineligible for a license issued pursuant to Chapter 11.3 (commencing with Section 7512) of Division 3 of the Business and Professions Code or Section 1800 of the Insurance Code, and shall forfeit any license already obtained pursuant to those laws.
(d)A person who is taken into custody by a bail agent in violation of subdivision (b) may institute and prosecute a civil action for injunctive, monetary, or other appropriate relief against the bondsman and bond company within three years after the cause of action accrues.
(e)A bondsman or other person who is bail for a fugitive admitted to bail in another state who takes the fugitive into custody, except pursuant to an order issued under this section, is guilty of a misdemeanor. an infraction punishable by a fine of five thousand dollars ($5,000).
SEC. 14.Section 1299.02 of the Penal Code, as added by Section 21 of Chapter 768 of the Statutes of 2022, is amended to read: 1299.02.(a)No person, other than a certified law enforcement officer, shall be authorized to apprehend, detain, or arrest a bail fugitive unless that person meets one of the following conditions:(1)Is a bail as defined in paragraph (2) of subdivision (a) of Section 1299.01 who is also a bail fugitive recovery agent as defined in paragraph (4) of subdivision (a) of Section 1299.01.(2)Is a bail fugitive recovery agent as defined in paragraph (4) of subdivision (a) of Section 1299.01.(3)Is a licensed private investigator as provided in Chapter 11.3 (commencing with Section 7512) of Division 3 of the Business and Professions Code who is also a bail fugitive recovery agent as defined in paragraph (4) of subdivision (a) of Section 1299.01.(b)This article shall not prohibit an arrest pursuant to Sections 837, 838, and 839, provided that no consideration is paid or allowed, directly or indirectly, to any person effecting an arrest pursuant to Sections 837, 838, and 839.(c)Individuals who hold a bail license, bail fugitive recovery license, bail enforcer license, bail runner license, or private investigator license issued by another state shall not apprehend, detain, or arrest bail fugitives in California, unless that individual obtains a bail fugitive recovery agent license issued in this state and complies with California law.(d)A person authorized, pursuant to subdivision (a), to apprehend, detain, or arrest a bail fugitive shall not apprehend, detain, or arrest a bail fugitive admitted to bail in another state whose alleged offense or conviction was for the violation of the laws of another state that authorize a criminal penalty to an individual performing, receiving, supporting, or aiding in the performance or receipt of sexual or reproductive health care, including but not limited to, an abortion, contraception, or gender-affirming care if the sexual or reproductive health care is lawful under the laws of this state, regardless of the recipients location. A person who violates this subdivision is guilty of a misdemeanor punishable by a fine of five thousand dollars ($5,000) or by imprisonment in a county jail not to exceed one year, or by both that imprisonment and fine, is ineligible for a license issued pursuant to Chapter 11.3 (commencing with Section 7512) of Division 3 of the Business and Professions Code or Section 1800 of the Insurance Code, and shall forfeit any license already obtained pursuant to those laws. A person who is taken into custody by a bail agent in violation of this subdivision may institute and prosecute a civil action for injunctive, monetary, or other appropriate relief against the bail fugitive recovery agent within three years after the cause of action accrues.(e)This section shall become operative on July 1, 2023.SEC. 16.Section 1299.02 of the Penal Code is amended to read:1299.02.(a)No person, other than a certified law enforcement officer, shall be authorized to apprehend, detain, or arrest a bail fugitive unless that person meets one of the following conditions:
(1)Is a bail as defined in paragraph (2) of subdivision (a) of Section 1299.01 who is also a bail fugitive recovery agent as defined in paragraph (4) of subdivision (a) of Section 1299.01.
(2)Is a bail fugitive recovery agent as defined in paragraph (4) of subdivision (a) of Section 1299.01.
(3)Is a licensed private investigator as provided in Chapter 11.3 (commencing with Section 7512) of Division 3 of the Business and Professions Code who is also a bail fugitive recovery agent as defined in paragraph (4) of subdivision (a) of Section 1299.01.
(b)This article shall not prohibit an arrest pursuant to Sections 837, 838, and 839, provided that no consideration is paid or allowed, directly or indirectly, to any person effecting an arrest pursuant to Sections 837, 838, and 839.
(c)Individuals who hold a bail license, bail fugitive recovery license, bail enforcer license, bail runner license, or private investigator license issued by another state shall not apprehend, detain, or arrest bail fugitives in California, unless that individual obtains a bail fugitive recovery agent license issued in this state and complies with California law.
(d)A person authorized, pursuant to subdivision (a), to apprehend, detain, or arrest a bail fugitive shall not apprehend, detain, or arrest a bail fugitive admitted to bail in another state whose alleged offense or conviction was for the violation of the laws of another state that authorize a criminal penalty to an individual performing, receiving, supporting, or aiding in the performance or receipt of sexual or reproductive health care, including, but not limited to, an abortion, contraception, or gender-affirming care if the sexual or reproductive health care is lawful under the laws of this state, regardless of the recipients location. A person who violates this subdivision is guilty of an infraction punishable by a fine of five thousand dollars ($5,000), is ineligible for a license issued pursuant to Chapter 11.3 (commencing with Section 7512) of Division 3 of the Business and Professions Code or Section 1800 of the Insurance Code, and shall forfeit any license already obtained pursuant to those laws. A person who is taken into custody by a bail agent in violation of this subdivision may institute and prosecute a civil action for injunctive, monetary, or other appropriate relief against the bail fugitive recovery agent within three years after the cause of action accrues.
(d)(e)This section shall become operative on July 1, 2023.
SEC. 15.SEC. 17.Section 1334.2 of the Penal Code is amended to read:1334.2.(a)Except as provided in subdivision (f), if a judge of a court of record in any state, which by its laws provides for commanding persons within that state to attend and testify in this state, issues a certificate under the seal of the court that there is a criminal prosecution pending in the court, or that there is a grand jury investigation, that a person within this state is a material witness in that prosecution or grand jury investigation, and that their presence will be required for a specified number of days, then, upon presentation of the certificate to a judge of a court of record in the county in which the person is, a time and place for a hearing shall be fixed by the judge and the judge shall make an order directing the witness to appear at the hearing.
(b)If, at the hearing, the judge determines that the witness is material and necessary, that it will not cause undue hardship to the witness to be compelled to attend and testify in the prosecution or grand jury investigation in the other state, and that the laws of the state in which the prosecution is pending or in which there is a grand jury investigation will give to the witness protection from arrest and service of civil and criminal process and will furnish in advance to the witness the sum of ten cents ($0.10) for each mile necessarily traveled if the witness elects surface travel or the minimum round trip scheduled airline fare plus twenty cents ($0.20) a mile for necessary surface travel at either end of the flight if the witness elects air travel, and, except as provided in subdivision (b) of Section 1334.3, a per diem of twenty dollars ($20) for each day that they are required to travel and attend as a witness and that the judge of the court in which the witness is ordered to appear will order the payment of witness fees authorized by law for each day the witness is required to attend the court plus reimbursement for any additional expenses of the witness which the judge of the court in which the witness is ordered to appear shall find reasonable and necessary, the judge shall issue a subpoena, with a copy of the certificate attached, directing the witness to attend and testify in the court where the prosecution is pending, or where the grand jury investigation is, at a time and place specified in the subpoena. In any of these hearings the certificate shall be prima facie evidence of all the facts stated therein.
(c)If the certificate recommends that the witness be taken into immediate custody and delivered to an officer of the requesting state to assure the witness attendance therein, the judge may, in lieu of notification of the hearing, direct that the witness be forthwith brought before the judge for the hearing.
(d)If the judge at the hearing is satisfied of the desirability of the custody and delivery, for which determination the certificate shall be prima facie proof of this desirability, the judge may, in lieu of issuing a subpoena, order that the witness be forthwith taken into custody and delivered to an officer of the requesting state.
(e)If the witness, who is subpoenaed as provided in this section, after being paid or tendered by some properly authorized person the sum or fare, and per diem set forth in this section, fails without good cause to attend and testify as directed in the subpoena, the witness shall be punished in the manner provided for the punishment of any witness who disobeys a subpoena issued from a court of record in this state.
(f)A judge shall not issue an order directing a witness to appear pursuant to this section if the criminal prosecution is based on the laws of another state that authorize a criminal penalty to an individual performing, receiving, supporting, or aiding in the performance or receipt of sexual or reproductive health care, including including, but not limited to, an abortion, contraception, or gender-affirming care if the care, or gender-affirming sexual or reproductive health care is lawful under the laws of this state.
SEC. 16.SEC. 18.Section 1549.15 is added to the Penal Code, to read:1549.15.(a)For purposes of this section, the following terms have the following meanings:
(1)(a)Gender-affirming health care and gender-affirming mental health care have the same meaning as in paragraph (3) of subdivision (b) of Section 16010.2 of the Welfare and Institutions Code.
(2)Legally protected health care activity means and includes both of the following acts and omissions by providers and facilitators of reproductive health care services and gender-affirming health care and gender-affirming mental health care to the extent they are not in violation of the constitution or the laws of this state:(A)Any act or omission undertaken to aid or encourage, or attempt to aid or encourage, a person in the exercise or attempted exercise of laws of this state, or to provide insurance coverage for such services or care.(B)The provision of such reproductive health care services or gender-affirming health care or gender-affirming mental health care by a person duly licensed under the laws of this state or the provision of insurance coverage for such services or care is permitted under the laws of this state, regardless of the patients location.(b)(1)Legally protected health care activity means any of the following:
(A)The exercise and enjoyment, or attempted exercise and enjoyment, by a person of rights to reproductive health care services, gender-affirming health care services, or gender-affirming mental health care services secured by the Constitution or laws of California or the provision by a health care service plan contract or a policy, or a certificate of health insurance, that provides for such services.
(B)An act or omission undertaken to aid or encourage, or attempt to aid or encourage, a person in the exercise and enjoyment or attempted exercise and enjoyment of rights to reproductive health care services, gender-affirming health care services, or gender-affirming mental health care services secured by the Constitution or laws of California.
(C)The provision of reproductive health care services, gender-affirming health care services, or gender-affirming mental health care services by a person duly licensed under the laws of California or the coverage of, and reimbursement for, those services or care by a health care service plan or a health insurer, if the service or care is lawful under the laws of California, regardless of the patients location.
(2)Legally protected health care activity does not include any activity that would be deemed unprofessional conduct or that would violate antidiscrimination laws of California.
(3)(c)Reproductive health care services means and includes all services, care, or products of a medical, surgical, psychiatric, therapeutic, diagnostic, mental health, behavioral health, preventative, rehabilitative, supportive, consultative, referral, prescribing, or dispensing nature relating to the human reproductive system provided in accordance with the constitution and laws of this state, whether provided in person or by means of telehealth services which includes, but is not limited to, all services, care, and products relating to pregnancy, the termination of a pregnancy, assisted reproduction, or contraception.
(b)Notwithstanding Section 1549.1 or any other law, and except as required by federal law, a demand for the extradition of a person charged with any legally protected health care activity shall not be recognized by the Governor unless in accordance with Section 1548.2.SEC. 17.SEC. 19.Section 13778.3 is added to the Penal Code, to read:13778.3.(a)For purposes of this section, the following terms shall have the following meaning:
(1)Gender-affirming health care and gender-affirming mental health care have the same meaning as in paragraph (3) of subdivision (b) of Section 16010.2 of the Welfare and Institutions Code.
(2)Legally protected health care activity shall have the same meaning as in Section 1549.15.
(3)Reproductive health care services shall have the same meaning as in Section 1549.15.
(4)California corporation refers to any corporation or other entity that is subject to Section 102 of the Corporations Code, with the exception of foreign corporations.
(b)A state or local government employee, person or entity contracted by a state or local government, or person or entity acting on behalf of a local or state government shall not cooperate with or provide information to any individual, including a bondsman or person authorized, pursuant to subdivision (a) of Section 1299.02, to apprehend, detain, or arrest a fugitive admitted to bail in another state, or out-of-state agency or department regarding any legally protected health care activity or otherwise expend or use time, moneys, facilities, property, equipment, personnel, or other resources in furtherance of any investigation or proceeding that seeks to impose civil or criminal liability or professional sanctions upon a person or entity for any legally protected health care activity that occurred in this state or that would be legal if it occurred in this state.
(c)This section does not prohibit compliance with a valid, court-issued subpoena or warrant subpoena, warrant, wiretap order, pen register trap and trace order, or other legal process which does not relate to a law seeking to impose civil or criminal liability or professional sanctions for a legally protected health care activity, or in response to the written request of a person who is the subject of such an investigation or proceeding, to the extent necessary, in each case, to fulfill such request.
(d)Any out-of-state subpoena or warrant subpoena, warrant, wiretap order, pen register trap and trace order, legal process, or request from any law enforcement agent or entity shall include an affidavit or declaration under penalty of perjury that the discovery is not in connection with an out-of-state proceeding relating to any legally protected health care activity unless the out-of-state proceeding meets all of the following requirements:
(1)Is based in tort, contract, or on statute.
(2)Is actionable, in an equivalent or similar manner, under the laws of this state.
(3)Was brought by the patient who received a legally protected health care activity or the patients legal representative.
(e)A state court, judicial officer, court employee or clerk, or authorized attorney shall not issue a subpoena pursuant to any other states law unless it includes the affidavit or declaration defined in subdivision (d).
(f)A California corporation that provides electronic communication services or remote computing services to the general public shall not comply with an out of state subpoena, warrant, wiretap order, pen register trap and trace order, other legal process, or request by a law enforcement agent or entity seeking records that would reveal the identity of the customers using those services, data stored by, or on behalf of, the customer, the customers usage of those services, the recipient or destination of communications sent to or from those customers, or the content of those communications, unless the out of state subpoena, warrant, wiretap order, pen register trap and trace order, other legal process, or request from law enforcement includes the affidavit or declaration defined in subdivision (d). A corporation subject to this subdivision is entitled to rely on the representations made in the affidavit or declaration.
SEC. 18.SEC. 20.Section 1003 of the Probate Code is amended to read:1003.(a)The court may, on its own motion or on request of a personal representative, guardian, conservator, trustee, or other interested person, appoint a guardian ad litem at any stage of a proceeding under this code to represent the interest of any of the following persons, if the court determines that representation of the interest otherwise would be inadequate:
(1)A minor.
(2)A person who lacks legal capacity to make decisions.
(3)An unborn beneficiary.
(4)An unascertained person.
(5)A person whose identity or address is unknown.
(6)A designated class of persons who are not ascertained or are not in being.
(b)If not precluded by a conflict of interest, a guardian ad litem may be appointed to represent several persons or interests.
(c)The reasonable expenses of the guardian ad litem, including compensation and attorneys fees, shall be determined by the court and paid as the court orders, either out of the property of the estate involved or by the petitioner or from any other source as the court orders.
(d)Before a court appoints a guardian ad litem pursuant to this chapter, a proposed guardian ad litem shall disclose both of the following to the court and all parties to the action or proceeding:
(1)Any known actual or potential conflicts of interest that would or might arise from the appointment.
(2)Any familial or affiliate relationship the proposed guardian ad litem has with any of the parties.
(e)If a guardian ad litem becomes aware that a potential conflict of interest has become an actual conflict of interest or that a new potential or actual conflict of interest exists, the guardian ad litem shall promptly disclose the conflict of interest to the court.
SEC. 19.SEC. 21.Section 10954 of the Probate Code is amended to read:10954.(a)Notwithstanding any other provision of this part, the personal representative is not required to file an account if any of the following conditions is satisfied as to each person entitled to distribution from the estate:
(1)The person has executed and filed a written waiver of account or a written acknowledgment that the persons interest has been satisfied.
(2)Adequate provision has been made for satisfaction in full of the persons interest. This paragraph does not apply to a residuary devisee or a devisee whose interest in the estate is subject to abatement, payment of expenses, or accrual of interest or income.
(b)A waiver or acknowledgment under subdivision (a) shall be executed as follows:
(1)If the person entitled to distribution is an adult and competent, by that person.
(2)If the person entitled to distribution is a minor, by a person authorized to receive money or property belonging to the minor. If the waiver or acknowledgment is executed by a guardian of the estate of the minor, the waiver or acknowledgment may be executed without the need to obtain approval of the court in which the guardianship proceeding is pending.
(3)If the person entitled to distribution is a conservatee, by the conservator of the estate of the conservatee. The waiver or acknowledgment may be executed without the need to obtain approval of the court in which the conservatorship proceeding is pending.
(4)If the person entitled to distribution is a trust, by the trustee, but only if the named trustees written acceptance of the trust is filed with the court. In the case of a trust that is subject to the continuing jurisdiction of the court pursuant to Chapter 4 (commencing with Section 17300) of Part 5 of Division 9, the waiver or acknowledgment may be executed without the need to obtain approval of the court.
(5)If the person entitled to distribution is an estate, by the personal representative of the estate. The waiver or acknowledgment may be executed without the need to obtain approval of the court in which the estate is being administered.
(6)If the person entitled to distribution is incapacitated, is an unborn beneficiary, is unascertained, or is a person whose identity or address is unknown, or is a designated class of persons who are not ascertained or are not in being, and there is a guardian ad litem appointed to represent the person entitled to distribution, by the guardian ad litem.
(7)If the person entitled to distribution has designated an attorney in fact who has the power under the power of attorney to execute the waiver or acknowledgment, by either of the following:
(A)The person entitled to distribution if an adult and competent.
(B)The attorney in fact.
(c)Notwithstanding subdivision (a):
(1)The personal representative shall file a final report of administration at the time the final account would otherwise have been required. The final report shall include the amount of compensation paid or payable to the personal representative and to the attorney for the personal representative and shall set forth the basis for determining the amounts.
(2)A creditor whose interest has not been satisfied may petition under Section 10950 for an account.
SEC. 20.SEC. 22.Section 15405 of the Probate Code is amended to read:15405.For the purposes of Sections 15403 and 15404, the consent of a beneficiary who lacks legal capacity, including a minor, or who is an unascertained or unborn beneficiary may be given in proceedings before the court by a guardian ad litem, if it would be appropriate to do so. In determining whether to give consent, the guardian ad litem may rely on general family benefit accruing to living members of the beneficiarys family as a basis for approving a modification or termination of the trust.
SEC. 21.SEC. 23.Section 19507 of the Probate Code is amended to read:19507.(a)In this section, a notice period begins on the day notice is given under subdivision (c) and ends 59 days after the day notice is given.
(b)An authorized fiduciary may exercise the decanting power without the consent of any person and without court approval in compliance with this part.
(c)Except as otherwise provided in subdivision (h), an authorized fiduciary shall give notice of the intended exercise of the decanting power not later than 60 days before the exercise to all of the following:
(1)Each settlor of the first trust, if living or then in existence.
(2)Each qualified beneficiary of the first trust.
(3)Each holder of a presently exercisable power of appointment over any part or all of the first trust.
(4)Each person that currently has the right to remove or replace the authorized fiduciary.
(5)Each other fiduciary of the first trust.
(6)Each fiduciary of the second trust.
(7)The Attorney General, if subdivision (b) of Section 19514 applies.
(d)Unless the trust instrument provides otherwise, an authorized fiduciary shall give notice under subdivision (c) to the guardian ad litem for a qualified beneficiary who is a minor and has no representative or who is an unascertained or unborn beneficiary. If a guardian ad litem has not been appointed at the time of the notice, the authorized fiduciary shall seek the appointment of one. The court may appoint a guardian ad litem, for purposes of this section, in instances where the only matter before the court is that appointment.
(e)If an authorized fiduciary knows, or has reason to know, that a person entitled to notice under subdivision (c) is substantially unable to manage that persons own financial resources or resist fraud or undue influence, the authorized fiduciary shall give notice under subdivision (c) to that person and to the individual appointed to act on that persons behalf, including, but not limited to, an attorney-in-fact under a power of attorney. If no such individual has been appointed at the time of the notice, the authorized fiduciary shall seek the appointment of such an individual. The court may appoint a guardian ad litem, for purposes of this section, in instances where the only matter before the court is that appointment.
(f)An authorized fiduciary is not required to give notice under subdivision (c) to a person who is known to the fiduciary but cannot be located by the fiduciary after reasonable diligence.
(g)A notice under subdivision (c) shall include all of the following:
(1)A description of the manner in which the authorized fiduciary intends to exercise the decanting power, which shall include a statement as to the authorized fiduciarys reason for the proposed decanting and an explanation as to the differences between the first trust and the second trust or trusts.
(2)The proposed effective date for exercise of the power.
(3)A copy of the first trust instrument.
(4)A copy of all second trust instruments.
(5)A warning, set out in a separate paragraph in not less than 10-point bold type, or a reasonable equivalent thereof, that states the following:
If you do not bring a court action to contest the proposed trust decanting (the proposed changes to the trust) within 59 days of this notice, you will lose your right to contest the decanting.
(h)The decanting power may be exercised before expiration of the notice period under subdivision (a) if all persons entitled to receive notice waive the period in a signed waiver.
(i)The receipt of notice, waiver of the notice period, or expiration of the notice period does not affect the right of a person to file an application under Section 19509 that asserts either of the following:
(1)An attempted exercise of the decanting power is ineffective because it did not comply with this part or was an abuse of discretion or breach of fiduciary duty.
(2)Section 19522 applies to the exercise of the decanting power.
(j)The notice required by this section shall be served by mail to the last known address, pursuant to Section 1215, or by personal delivery.
SEC. 22.SEC. 24.Section 11486.5 of the Welfare and Institutions Code is amended to read:11486.5.(a)An individual shall not be eligible for aid under this chapter if the individual is either:
(1)Fleeing to avoid prosecution, or custody and confinement after conviction, under the laws of the place from which the individual is fleeing, for a crime or an attempt to commit a crime that is a felony under the laws of the place from which the individual is fleeing, or which, in the case of the State of New Jersey, is a high misdemeanor under the laws of that state. For the purposes of this section, an individual shall be determined to be fleeing to avoid prosecution, or custody and confinement after conviction, if a federal, state, or local law enforcement officer, acting in an official capacity, presents an outstanding felony arrest warrant containing one or more of the following National Crime Information Center Offense Classification Codes:
(A)Escape (4901).
(B)Flight to Avoid (4902).
(C)Flight-Escape (4999).
(2)Violating a condition of probation or parole imposed under federal law or the law of any state.
(b)Subdivision (a) shall not apply with respect to conduct of an individual for any month beginning after the President of the United States grants a pardon with respect to the conduct.
SEC. 23.SEC. 25.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.
SEC. 24.SEC. 26.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
SEC. 27.Section 4.5 of this bill incorporates amendments to Section 2746.5 of the Business and Professions Code proposed by both this bill and Senate Bill 667. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2024, (2) each bill amends Section 2746.5 of the Business and Professions Code, and (3) this bill is enacted after Senate Bill 667, in which case Section 4 of this bill shall not become operative.
CORRECTIONS: TextPages 28 and 29.(a)Notwithstanding any other law, a board shall not suspend or revoke the license of a person regulated under this division solely because that person provided a legally protected health care activity, as defined in Section 1798.300 of the Civil Code.
(b)Notwithstanding any other law, a board shall not deny an application for licensure under this division or suspend, revoke, or otherwise impose discipline upon a person licensed pursuant to this division because the person was disciplined for or convicted of an offense in another state in which they were licensed if the suspension, revocation, or other discipline was for providing a legally protected health care activity, as defined in Section 1798.300 of the Civil Code.
(c)The performance, recommendation, or provision of any legally protected health care activity, as defined in Section 1798.300 of the Civil Code, by a health care practitioner acting within their scope of practice, for a patient who resides in a state in which the performance, recommendation, or provision of that legally protected health care activity is illegal, shall not, by itself, constitute professional misconduct under this division or any regulation governing the licensure, certification, or authorization of such practitioner, nor shall any license, certification, or authorization of a health care practitioner be revoked, suspended, or annulled or otherwise subject to any other penalty or discipline provided in this division solely on the basis that the health care practitioner performed, recommended, or provided any legally protected health care activity for a patient who resides in a state in which the performance, recommendation, or provision of that legally protected health service is illegal.
SEC. 2.Section 2746.5 of the Business and Professions Code is amended to read:2746.5.(a)The certificate to practice nurse-midwifery authorizes the holder to attend cases of low-risk pregnancy and childbirth and to provide prenatal, intrapartum, and postpartum care, including interconception care, family planning care, and immediate care for the newborn, consistent with the Core Competencies for Basic Midwifery Practice adopted by the American College of Nurse-Midwives, or its successor national professional organization, as approved by the board. For purposes of this subdivision, low-risk pregnancy means a pregnancy in which all of the following conditions are met:
(1)There is a single fetus.
(2)There is a cephalic presentation at onset of labor.
(3)The gestational age of the fetus is greater than or equal to 37 weeks and zero days and less than or equal to 42 weeks and zero days at the time of delivery.
(4)Labor is spontaneous or induced.
(5)The patient has no preexisting disease or condition, whether arising out of the pregnancy or otherwise, that adversely affects the pregnancy and that the certified nurse-midwife is not qualified to independently address consistent with this section.
(b)(1)The certificate to practice nurse-midwifery authorizes the holder to practice with a physician and surgeon under mutually agreed-upon policies and protocols that delineate the parameters for consultation, collaboration, referral, and transfer of a patients care, signed by both the certified nurse-midwife and a physician and surgeon to do either of the following:
(A)Provide a patient with care that falls outside the scope of services specified in subdivision (a).
(B)Provide intrapartum care to a patient who has had a prior cesarean section or surgery that interrupts the myometrium.
(2)If a physician and surgeon assumes care of the patient, the certified nurse-midwife may continue to attend the birth of the newborn and participate in physical care, counseling, guidance, teaching, and support, as indicated by the mutually agreed-upon policies and protocols signed by both the certified nurse-midwife and a physician and surgeon.
(3)After a certified nurse-midwife refers a patient to a physician and surgeon, the certified nurse-midwife may continue care of the patient during a reasonable interval between the referral and the initial appointment with the physician and surgeon.
(c)(1)If a nurse-midwife does not have in place mutually agreed-upon policies and protocols that delineate the parameters for consultation, collaboration, referral, and transfer of a patients care, signed by both the certified nurse-midwife and a physician and surgeon pursuant to paragraph (1) of subdivision (b), the patient shall be transferred to the care of a physician and surgeon to do either or both of the following:
(A)Provide a patient with care that falls outside the scope of services specified in subdivision (a).
(B)Provide intrapartum care to a patient who has had a prior cesarean section or surgery that interrupts the myometrium.
(2)After the certified nurse-midwife initiates the process of transfer pursuant to paragraph (1), for a patient who otherwise meets the definition of a low-risk pregnancy but no longer meets the criteria specified in paragraph (3) of subdivision (a) because the gestational age of the fetus is greater than 42 weeks and zero days, if there is inadequate time to effect safe transfer to a hospital prior to delivery or transfer may pose a threat to the health and safety of the patient or the fetus, the certified nurse-midwife may continue care of the patient consistent with the transfer plan described in subdivision (a) of Section 2746.54.
(3)A patient who has been transferred from the care of a certified nurse-midwife to that of a physician and surgeon may return to the care of the certified nurse-midwife after the physician and surgeon has determined that the condition or circumstance that required, or would require, the transfer from the care of the nurse-midwife pursuant to paragraph (1) is resolved.
(d)The certificate to practice nurse-midwifery authorizes the holder to attend pregnancy and childbirth in an out-of-hospital setting if consistent with subdivisions (a), (b), and (c).
(e)This section shall not be interpreted to deny a patients right to self-determination or informed decisionmaking with regard to choice of provider or birth setting.
(f)The certificate to practice nurse-midwifery does not authorize the holder of the certificate to assist childbirth by vacuum or forceps extraction, or to perform any external cephalic version.
(g)A certified nurse-midwife shall document all consultations, referrals, and transfers in the patient record.
(h)(1)A certified nurse-midwife shall refer all emergencies to a physician and surgeon immediately.
(2)A certified nurse-midwife may provide emergency care until the assistance of a physician and surgeon is obtained.
(i)This chapter does not authorize a nurse-midwife to practice medicine or surgery.
(j)This section shall not be construed to require a physician and surgeon to sign protocols and procedures for a nurse-midwife or to permit any action that violates Section 2052 or 2400.
(k)This section shall not be construed to require a nurse-midwife to have mutually agreed-upon, signed policies and protocols for the provision of services described in subdivision (a).
SEC. 3.Title 1.81.49 (commencing with Section 1798.99.90) is added to Part 4 of Division 3 of the Civil Code, to read:1.81.49.Family Planning Center Location Data1798.99.90.(a)A person or business shall not collect, use, disclose, or retain the personal information of a person who is physically located at, or in close proximity to, within a precise geolocation of, a family planning center, except as specified in subdivision (c).
(b)For purposes of this section, the following definitions apply:
(1)Business means the same as defined in subdivision (c) of Section 1798.140.
(1)(2)Collect means the same as defined in subdivision (f) of Section 1798.140.
(2)(3)Family planning center means a business categorized as a family planning center by the North American Industry Classification System adopted by the United States Census Bureau, including, but not limited to, a clinic or center that provides reproductive health care services as defined in Section 1798.300 of the Civil Code.
(3)(4)Personal information has the same definition as that term is defined in subdivision (v) of Section 1798.140, except as applied to all persons and not limited to consumers and households, as those terms are defined in subdivisions (i) and (q), respectively, of that section.
(5)Precise geolocation means a geographic area that is equal to or less than the area of a circle with a radius of 1,850 feet as derived from a device that is used or intended to be used to locate a person.
(4)(6)Sell means the same as defined in subdivision (ad) of Section 1798.140.
(5)(7)Share means the same as defined in subdivision (ah) of Section 1798.140.
(c)A person or business shall not collect, use, disclose, or retain only the minimum amount of the personal information of a person who is physically located at, or in close proximity to, within a precise geolocation of, a family planning center center, except only as necessary to perform the services or provide the goods requested by the person. A person or business shall not sell or share this personal information.
(d)(1)An aggrieved person or entity, including a family planning center, may institute and prosecute a civil action against any person or business who violates this section for injunctive and monetary relief and attorneys fees within three years of discovery of the violation.
(2)If the court finds for the petitioner in an action authorized by paragraph (1), recovery shall be in the amount of three times the amount of actual damages and any other expenses, costs, or reasonable attorneys fees incurred in connection with the litigation.
(e)This section does not apply of a provider of health care, a health care service plan, or contractor, as those terms are defined in Section 56.05.
SEC. 4.Title 1.81.7 (commencing with Section 1798.300) is added to Part 4 of Division 3 of the Civil Code, to read:1.81.7.Reproductive and Gender-Affirming Health Care Services1798.300.As used in this title, the following definitions apply:
(a)Abusive litigation means litigation or other legal action to deter, prevent, sanction, or punish a person engaging in legally protected health care activity by either of the following:
(1)Filing or prosecuting an action in a state other than California where liability, in whole or part, directly or indirectly, is based on a legally protected health care activity that was legal in the state in which it occurred, including an action in which liability is based on a theory of vicarious, joint, or several liability.
(2)Attempting to enforce an order or judgment issued in connection with an action described in paragraph (1) by a party to that action or a person acting on behalf of a party to that action. An action shall be considered to be based on conduct that was legal in the state in which it occurred if a part of an act or omission involved in the course of conduct that forms the basis for liability in the action occurs or is initiated in a state in which the health care was legal, whether or not the act or omission is alleged or included in a pleading or other filing in the lawsuit.
(b)Aggrieved person, provider, or other entity includes, but is not limited to, a person who resides in California, a business or entity doing business in the state or located in the state, a health care service plan, a health insurer, a person or entity that provided a legally protected health care activity in California, a person who received a legally protected health care activity from a provider licensed in California, a person or entity that is licensed in California to provide a legally protected health care activity, including a provider, clinic, or insurance company, or a person who assisted a person or entity that received or provided a legally protected health care activity in California.
(c)Gender-affirming health care services and gender-affirming mental health care services have the same meaning as defined in paragraph (3) of subdivision (b) of Section 16010.2 of the Welfare and Institutions Code.
(d)(1)Legally protected health care activity means any of the following:
(A)The exercise and enjoyment, or attempted exercise and enjoyment, by a person of rights to reproductive health care services, gender-affirming health care services, or gender-affirming mental health care services secured by the Constitution or laws of California or the provision of insurance coverage for such services. by a health care service plan contract or a policy, or a certificate of health insurance, that provides for such services.
(B)An act or omission undertaken to aid or encourage, or attempt to aid or encourage, a person in the exercise and enjoyment or attempted exercise and enjoyment of rights to reproductive health care services, gender-affirming health care services, or gender-affirming mental health care services secured by the Constitution or laws of California.
(C)The provision of reproductive health care services, gender-affirming health care services, or gender-affirming mental health care services by a person duly licensed under the laws of California and the provision of insurance coverage for the services, coverage of, and reimbursement for, such services by a health care service plan or a health insurer, if the service is permitted lawful under the laws of California, regardless of the patients location.
(2)Legally protected health care activity does not include a service rendered below the applicable professional standard of care any activity that would be deemed unprofessional conduct or that would violate antidiscrimination laws of California.
(e)Reproductive health care services means and includes all services, care, or products of a medical, surgical, psychiatric, therapeutic, diagnostic, mental health, behavioral health, preventative, rehabilitative, supportive, consultative, referral, prescribing, or dispensing nature relating to the human reproductive system provided in accordance with the constitution and laws of this state, whether provided in person or by means of telehealth services which includes, but is not limited to, all services, care, and products relating to pregnancy, the termination of a pregnancy, assisted reproduction, contraception, miscarriage management, the termination of a pregnancy, or self-managed terminations. or contraception.
1798.301.Reproductive health care services, gender-affirming health care services, and gender-affirming mental health care services are rights secured by the Constitution and laws of California. Interference with these rights, whether or not under the color of law, is against the public policy of California.
1798.302.A public act or record of a foreign jurisdiction that prohibits, criminalizes, sanctions, authorizes a person to bring a civil action against, or otherwise interferes with a person, provider, or other entity in California that seeks, receives, causes, aids in access to, aids, abets, provides, or attempts or intends to seek, receive, cause, aid in access to, aid, abet, or provide, reproductive health care services, gender-affirming health care services, or gender-affirming mental health care services shall be an interference with the exercise and enjoyment of the rights secured by the Constitution and laws of California and shall be a violation of the public policy of California.
1798.303.If a person, whether or not acting under color of law, engages or attempts to engage in abusive litigation that infringes on or interferes with, or attempts to infringe on or interfere with, a legally protected health care activity, then an aggrieved person, provider, carrier, or other entity, including a defendant in the abusive litigation, may institute a civil action for injunctive, monetary, or other appropriate relief within three years after the cause of action accrues.
1798.304.An aggrieved person, provider, or other entity, including a defendant in abusive litigation, may move to modify or quash a subpoena issued in connection with abusive litigation on the grounds that the subpoena is unreasonable, oppressive, or inconsistent with the public policy of California.
1798.305.If the court finds for the petitioner in an action authorized by Section 1798.303, recovery shall be in the amount of three times the amount of actual damages, which shall include damages for the amount of a judgment issued in connection with an abusive litigation, and any other expenses, costs, or reasonable attorneys fees incurred in connection with the abusive litigation.
1798.306.(a)A court may exercise jurisdiction over a person in an action authorized by Section 1798.303 if any of the following apply:
(1)Personal jurisdiction is found under Section 410.10 of the Code of Civil Procedure.
(2)The person has commenced an action in a court in California and, during the pendency of that action or an appeal therefrom, a summons and complaint is served on the person or the attorney appearing on the persons behalf in that action or as otherwise permitted by law.
(3)The exercise of jurisdiction is permitted under the Constitution of the United States.
(b)This section does not apply to a lawsuit or judgment entered in another state that is based on conduct for which a cause of action exists under the laws of California, including a contract, tort, common law, or statutory claim.
1798.307.Notwithstanding any other law, the laws of California shall govern in a case or controversy heard in California related to reproductive health care services, gender-affirming health care services, or gender-affirming mental health care services, except as may be required by federal law.
1798.308.This title shall not be construed to provide jurisdiction over a California resident in an out-of-state forum when the California resident has not availed themselves of that forum.
SEC. 5.Section 762.020 of the Code of Civil Procedure is amended to read:762.020.(a)If the name of a person required to be named as a defendant is not known to the plaintiff, the plaintiff shall so state in the complaint and shall name as parties all persons unknown in the manner provided in Section 762.060.
(b)If the claim or the share or quantity of the claim of a person required to be named as a defendant is unknown, uncertain, or contingent, the plaintiff shall so state in the complaint. If the lack of knowledge, uncertainty, or contingency is caused by a transfer to an unborn or unascertained beneficiary or class member, or by a transfer in the form of a contingent remainder, vested remainder subject to defeasance, executory interest, or similar disposition, the plaintiff shall also state in the complaint, so far as is known to the plaintiff, the name, age, and legal disability (if any) of the person in being who would be entitled to the claim had the contingency upon which the claim depends occurred prior to the commencement of the action.
SEC. 6.Section 872.520 of the Code of Civil Procedure is amended to read:872.520.(a)If the name of a person described in Section 872.510 is not known to the plaintiff, the plaintiff shall so state in the complaint and shall name as parties all persons unknown in the manner provided in Section 872.550.
(b)If the ownership or the share or quantity of the interest of a person described in Section 872.510 is unknown, uncertain, or contingent, the plaintiff shall so state in the complaint. If the lack of knowledge, uncertainty, or contingency is caused by a transfer to an unborn or unascertained beneficiary or class member, or by a transfer in the form of a contingent remainder, vested remainder subject to defeasance, executory interest, or similar disposition, the plaintiff shall also state in the complaint, so far as is known to the plaintiff, the name, age, and legal disability (if any) of the person in being who would be entitled to ownership of the interest had the contingency upon which the right of such person depends occurred prior to the commencement of the action.
(c)The court shall upon its own motion or upon motion of any party make such orders for joinder of additional parties and for appointment of guardians ad litem pursuant to Sections 372, 373, and 373.5 as are necessary or proper.
SEC. 7.Section 1710.50 of the Code of Civil Procedure is amended to read:1710.50.(a)The court shall grant a stay of enforcement where:
(1)An appeal from the sister state judgment is pending or may be taken in the state which originally rendered the judgment. Under this paragraph, enforcement shall be stayed until the proceedings on appeal have been concluded or the time for appeal has expired.
(2)A stay of enforcement of the sister state judgment has been granted in the sister state. Under this paragraph, enforcement shall be stayed until the sister state stay of enforcement expires or is vacated.
(3)The judgment debtor has made a motion to vacate pursuant to Section 1710.40. Under this paragraph, enforcement shall be stayed until the judgment debtors motion to vacate is determined.
(4)A money judgment or lien on real property was obtained against a person or entity for exercising a right guaranteed under the United States Constitution as interpreted by the United States Supreme Court precedent at the time the right was exercised, or a right guaranteed under the California Constitution, or against a person or entity for aiding and abetting the exercise of said rights. The stay of enforcement shall remain in place until such time as the statute of limitations in Section 1798.303 of the Civil Code has elapsed or an action prosecuted under Section 1798.303 has concluded, whichever is later.
(5)Any other circumstance exists where the interests of justice require a stay of enforcement.
(b)The court may grant a stay of enforcement under this section on its own motion, on ex parte motion, or on noticed motion.
(c)The court shall grant a stay of enforcement under this section on such terms and conditions as are just including but not limited to the following:
(1)The court may require an undertaking in an amount it determines to be just, but the amount of the undertaking shall not exceed double the amount of the judgment creditors claim.
(2)If a writ of execution has been issued, the court may order that it remain in effect.
(3)If property of the judgment debtor has been levied upon under a writ of execution, the court may order the levying officer to retain possession of the property capable of physical possession and to maintain the levy on other property.
SEC. 8.Section 22171 of the Education Code is amended to read:22171.(a)Spouse means a person who was continuously married to the member for the period beginning at least 12 months prior to the death of the member, unless a child is born to the member and the members spouse within the 12-month period or unless the spouse is carrying a fetus, conceived with the member.
(b)Spouse also means a person who was married to the member for less than 12 months, if the members death was either accidental, or due to an illness, and the marriage took place prior to the occurrence of the injury or diagnosis of the illness that resulted in death.
(1)A members death is defined as accidental only if the member received bodily injuries through violent, external, or accidental means and died as a direct result of the bodily injuries and independent of all other causes.
(2)This subdivision does not apply if, at the time of the marriage, the member could not have reasonably been expected to live for 12 months.
(c)Except as excluded by Sections 22661 and 23812, a person who is the registered domestic partner of a member, as established pursuant to Section 297 or 299.2 of the Family Code, shall be treated in the same manner as a spouse.
SEC. 9.Section 1317.1 of the Health and Safety Code is amended to read:1317.1.Unless the context otherwise requires, the following definitions shall control the construction of this article and Section 1371.4:
(a)(1)Emergency services and care means medical screening, examination, and evaluation by a physician and surgeon, or, to the extent permitted by applicable law, by other appropriate licensed persons under the supervision of a physician and surgeon, to determine if an emergency medical condition or active labor exists and, if it does, the care, treatment, and surgery, if within the scope of that persons license, necessary to relieve or eliminate the emergency medical condition, within the capability of the facility.
(2)(A)Emergency services and care also means an additional screening, examination, and evaluation by a physician, or other personnel to the extent permitted by applicable law and within the scope of their licensure and clinical privileges, to determine if a psychiatric emergency medical condition exists, and the care and treatment necessary to relieve or eliminate the psychiatric emergency medical condition, within the capability of the facility.
(B)The care and treatment necessary to relieve or eliminate a psychiatric emergency medical condition may include admission or transfer to a psychiatric unit within a general acute care hospital, as defined in subdivision (a) of Section 1250, or to an acute psychiatric hospital, as defined in subdivision (b) of Section 1250, pursuant to subdivision (k). Nothing in this subparagraph shall be construed to permit a transfer that is in conflict with the Lanterman-Petris-Short Act (Part 1 (commencing with Section 5000) of Division 5 of the Welfare and Institutions Code).
(C)For the purposes of Section 1371.4, emergency services and care as defined in subparagraph (A) shall not apply to Medi-Cal managed care plan contracts entered into with the State Department of Health Care Services pursuant to Chapter 7 (commencing with Section 14000), Chapter 8 (commencing with Section 14200), and Chapter 8.75 (commencing with Section 14590) of Part 3 of Division 9 of the Welfare and Institutions Code, to the extent that those services are excluded from coverage under those contracts.
(D)This paragraph does not expand, restrict, or otherwise affect the scope of licensure or clinical privileges for clinical psychologists or other medical personnel.
(b)Emergency medical condition means a medical condition manifesting itself by acute symptoms of sufficient severity (including severe pain) such that the absence of immediate medical attention could reasonably be expected to result in any of the following:
(1)Placing the patients health in serious jeopardy.
(2)Serious impairment to bodily functions.
(3)Serious dysfunction of any bodily organ or part.
(c)Active labor means a labor at a time at which either of the following would occur:
(1)There is inadequate time to effect safe transfer to another hospital prior to delivery.
(2)A transfer may pose a threat to the health and safety of the patient or the fetus.
(d)Hospital means all hospitals with an emergency department licensed by the state department.
(e)State department means the State Department of Public Health.
(f)Medical hazard means a material deterioration in medical condition in, or jeopardy to, a patients medical condition or expected chances for recovery.
(g)Board means the Medical Board of California.
(h)Within the capability of the facility means those capabilities that the hospital is required to have as a condition of its emergency medical services permit and services specified on Services Inventory Form 7041 filed by the hospital with the Department of Health Care Access and Information.
(i)Consultation means the rendering of an opinion or advice, prescribing treatment, or the rendering of a decision regarding hospitalization or transfer by telephone or other means of communication. When determined to be medically necessary, jointly by the treating physician and surgeon, or by other appropriate licensed persons acting within their scope of licensure, under the supervision of a physician and surgeon, and the consulting physician and surgeon, consultation includes review of the patients medical record, examination, and treatment of the patient in person by a consulting physician and surgeon, or by other appropriate licensed persons acting within their scope of licensure under the supervision of a consulting physician and surgeon, who is qualified to give an opinion or render the necessary treatment in order to stabilize the patient. A request for consultation shall be made by the treating physician and surgeon, or by other appropriate licensed persons acting within their scope of licensure under the supervision of a treating physician and surgeon, provided the request is made with the contemporaneous approval of the treating physician and surgeon. The treating physician and surgeon may request to communicate directly with the consulting physician and surgeon, and when determined to be medically necessary, jointly by the treating physician and surgeon and the consulting physician and surgeon, the consulting physician and surgeon shall examine and treat the patient in person. The consulting physician and surgeon is ultimately responsible for providing the necessary consultation to the patient, regardless of who makes the in-person appearance.
(j)A patient is stabilized or stabilization has occurred when, in the opinion of the treating physician and surgeon, or other appropriate licensed persons acting within their scope of licensure under the supervision of a treating physician and surgeon, the patients medical condition is such that, within reasonable medical probability, no material deterioration of the patients condition is likely to result from, or occur during, the release or transfer of the patient as provided for in Section 1317.2, Section 1317.2a, or other pertinent statute.
(k)(1)Psychiatric emergency medical condition means a mental disorder that manifests itself by acute symptoms of sufficient severity that it renders the patient as being either of the following:
(A)An immediate danger to themselves or to others.
(B)Immediately unable to provide for, or utilize, food, shelter, or clothing, due to the mental disorder.
(2)This subdivision does not expand, restrict, or otherwise affect the scope of licensure or clinical privileges for clinical psychologists or medical personnel.
(l)This section shall not be construed to expand the scope of licensure for licensed persons providing services pursuant to this section.
SEC. 10.Section 123450 of the Health and Safety Code is repealed.123450.(a) Except in a medical emergency requiring immediate medical action, no abortion shall be performed upon an unemancipated minor unless she first has given her written consent to the abortion and also has obtained the written consent of one of her parents or legal guardian.(b) If one or both of an unemancipated, pregnant minors parents or her guardian refuse to consent to the performance of an abortion, or if the minor elects not to seek the consent of one or both of her parents or her guardian, an unemancipated pregnant minor may file a petition with the juvenile court. If, pursuant to this subdivision, a minor seeks a petition, the court shall assist the minor or person designated by the minor in preparing the petition and notices required pursuant to this section. The petition shall set forth with specificity the minors reasons for the request. The court shall ensure that the minors identity is confidential. The minor may file the petition using only her initials or a pseudonym. An unemancipated pregnant minor may participate in the proceedings in juvenile court on her own behalf, and the court may appoint a guardian ad litem for her. The court shall, however, advise her that she has a right to court-appointed counsel upon request. The hearing shall be set within three days of the filing of the petition. A notice shall be given to the minor of the date, time, and place of the hearing on the petition.(c) At the hearing on a minors petition brought pursuant to subdivision (b) for the authorization of an abortion, the court shall consider all evidence duly presented, and order either of the following:(1) If the court finds that the minor is sufficiently mature and sufficiently informed to make the decision on her own regarding an abortion, and that the minor has, on that basis, consented thereto, the court shall grant the petition.(2) If the court finds that the minor is not sufficiently mature and sufficiently informed to make the decision on her own regarding an abortion, the court shall then consider whether performance of the abortion would be in the best interest of the minor. In the event that the court finds that the performance of the abortion would be in the minors best interest, the court shall grant the petition ordering the performance of the abortion without consent of, or notice to, the parents or guardian. In the event that the court finds that the performance of the abortion is not in the best interest of the minor, the court shall deny the petition.Judgment shall be entered within one court day of submission of the matter.(d) The minor may appeal the judgment of the juvenile court by filing a written notice of appeal at any time after the entry of the judgment. The Judicial Council shall prescribe, by rule, the practice and procedure on appeal and the time and manner in which any record on appeal shall be prepared and filed. These procedures shall require that the notice of the date, time, and place of hearing, which shall be set within five court days of the filing of notice of appeal, shall be mailed to the parties by the clerk of the court. The appellate court shall ensure that the minors identity is confidential. The minor may file the petition using only her initials or a pseudonym. Judgment on appeal shall be entered within one court day of submission of the matter.(e) No fees or costs incurred in connection with the procedures required by this section shall be chargeable to the minor or her parents, or either of them, or to her legal guardian.(f) It is a misdemeanor, punishable by a fine of not more than one thousand dollars ($1,000), or by imprisonment in the county jail of up to 30 days, or both, for any person to knowingly perform an abortion on an unmarried or unemancipated minor without complying with the requirements of this section.SEC. 10.SEC. 11.Section 123468.5 is added to the Health and Safety Code, to read:123468.5.(a)(1)California law governs in any action in this state, whether civil, administrative, or criminal, against any person who provides, receives, aids or abets in providing or receiving, or attempts to provide or receive, by any means, including telehealth, the health care services described in paragraph (2) if the provider was located in this state or any other state where the care was legal at the time of the challenged conduct.
(2)Reproductive health care services and gender-affirming health care services, including gender-affirming mental health care services, are subject to paragraph (1).
(b)Reproductive health has the same meaning as set forth in Section 1798.300 of the Health and Safety Code.
(c)Gender-affirming health care services and gender-affirming mental health care services have the same meaning as defined in paragraph (3) of subdivision (b) of Section 16010.2 of the Welfare and Institutions Code.
SEC. 11.SEC. 12.Section 187 of the Penal Code is amended to read:187.(a)Murder is the unlawful killing of a human being, or a fetus, with malice aforethought.
(b)This section shall not apply to any person who commits an act that results in the death of a fetus if any of the following apply:
(1)The act complied with the former Therapeutic Abortion Act (Article 2 (commencing with Section 123400) of Chapter 2 of Part 2 of Division 106 of the Health and Safety Code) or the Reproductive Privacy Act (Article 2.5 (commencing with Section 123460) of Chapter 2 of Part 2 of Division 106 of the Health and Safety Code).
(2)The act was committed by a holder of a physicians and surgeons certificate, as defined in the Business and Professions Code, in a case where, to a medical certainty, the result of childbirth would be death of the mother of the fetus person pregnant with the fetus or where the mothers pregnant persons death from childbirth, although not medically certain, would be substantially certain or more likely than not.
(3)It was an act or omission by the person pregnant with the fetus or was solicited, aided, abetted, or consented to by the person pregnant with the fetus.
(c)Subdivision (b) shall not be construed to prohibit the prosecution of any person under any other provision of law.
SEC. 12.SEC. 13.Section 847.5 of the Penal Code is amended to read:847.5.(a)Except as provided in subdivision (b), if a person has been admitted to bail in another state, escapes bail, and is present in this state, the bail bondsman or other person who is bail for such fugitive, may file with a magistrate in the county where the fugitive is present an affidavit stating the name and whereabouts of the fugitive, the offense with which the alleged fugitive was charged or of which they were convicted, the time and place of same, and the particulars in which the fugitive has violated the terms of their bail, and may request the issuance of a warrant for arrest of the fugitive, and the issuance, after hearing, of an order authorizing the affiant to return the fugitive to the jurisdiction from which they escaped bail. The magistrate may require such additional evidence under oath as they deem necessary to decide the issue. If the magistrate concludes that there is probable cause for believing that the person alleged to be a fugitive is such, the magistrate may issue a warrant for the persons arrest. The magistrate shall notify the district attorney of the action and shall direct the district attorney to investigate the case and determine the facts of the matter. When the fugitive is brought before the magistrate pursuant to the warrant, the magistrate shall set a time and place for hearing, and shall advise the fugitive of their right to counsel and to produce evidence at the hearing. The magistrate may admit the fugitive to bail pending the hearing. The district attorney shall appear at the hearing. If, after hearing, the magistrate is satisfied from the evidence that the person is a fugitive, the magistrate may issue an order authorizing affiant to return the fugitive to the jurisdiction from which they escaped bail.
(b)A magistrate shall not issue a warrant for the arrest of an individual whose alleged offense or conviction is for the violation of the laws of another state that authorize a criminal penalty to an individual performing, receiving, supporting, or aiding in the performance or receipt of sexual or reproductive health care, including, but not limited to, an abortion, contraception, reproductive care, or gender-affirming care if the abortion, contraception, reproductive care, or gender-affirming care sexual or reproductive health care is lawful under the laws of this state, regardless of the recipients location.
(c)A bondsman or person authorized, pursuant to subdivision (a) of Section 1299.02, to apprehend, detain, or arrest a fugitive admitted to bail in another state who takes into custody a fugitive admitted to bail in another state whose alleged offense or conviction is for the violation of the laws of another state that authorize a criminal penalty to an individual performing, receiving, supporting, or aiding in the performance or receipt of an abortion, contraception, reproductive care, or gender-affirming care if the abortion, contraception, reproductive care, or gender-affirming care is lawful under the laws of this state, regardless of the recipients location, without a magistrates order, is ineligible for a license issued pursuant to Chapter 11.3 (commencing with Section 7512) of Division 3 of the Business and Professions Code or Section 1800 of the Insurance Code, and shall forfeit any license already obtained pursuant to those laws.
(d)A person who is taken into custody by a bail agent in violation of subdivision (b) may institute and prosecute a civil action for injunctive, monetary, or other appropriate relief against the bondsman and bond company within three years after the cause of action accrues.
(e)A bondsman or other person who is bail for a fugitive admitted to bail in another state who takes the fugitive into custody, except pursuant to an order issued under this section, is guilty of a misdemeanor.
SEC. 13.SEC. 14.Section 1299.02 of the Penal Code, as added by Section 21 of Chapter 768 of the Statutes of 2022, is amended to read:1299.02.(a)No person, other than a certified law enforcement officer, shall be authorized to apprehend, detain, or arrest a bail fugitive unless that person meets one of the following conditions:
(1)Is a bail as defined in paragraph (2) of subdivision (a) of Section 1299.01 who is also a bail fugitive recovery agent as defined in paragraph (4) of subdivision (a) of Section 1299.01.
(2)Is a bail fugitive recovery agent as defined in paragraph (4) of subdivision (a) of Section 1299.01.
(3)Is a licensed private investigator as provided in Chapter 11.3 (commencing with Section 7512) of Division 3 of the Business and Professions Code who is also a bail fugitive recovery agent as defined in paragraph (4) of subdivision (a) of Section 1299.01.
(b)This article shall not prohibit an arrest pursuant to Sections 837, 838, and 839, provided that no consideration is paid or allowed, directly or indirectly, to any person effecting an arrest pursuant to Sections 837, 838, and 839.
(c)Individuals who hold a bail license, bail fugitive recovery license, bail enforcer license, bail runner license, or private investigator license issued by another state shall not apprehend, detain, or arrest bail fugitives in California, unless that individual obtains a bail fugitive recovery agent license issued in this state and complies with California law.
(d)A person authorized, pursuant to subdivision (a), to apprehend, detain, or arrest a bail fugitive shall not apprehend, detain, or arrest a bail fugitive admitted to bail in another state whose alleged offense or conviction was for the violation of the laws of another state that authorize a criminal penalty to an individual performing, receiving, supporting, or aiding in the performance or receipt of sexual or reproductive health care, including but not limited to, an abortion, contraception, reproductive care, or gender-affirming care if the abortion, contraception, reproductive care, or gender-affirming sexual or reproductive health care is lawful under the laws of this state, regardless of the recipients location. A person who violates this subdivision is guilty of a misdemeanor punishable by a fine of five thousand dollars ($5,000) or by imprisonment in a county jail not to exceed one year, or by both that imprisonment and fine, is ineligible for a license issued pursuant to Chapter 11.3 (commencing with Section 7512) of Division 3 of the Business and Professions Code or Section 1800 of the Insurance Code, and shall forfeit any license already obtained pursuant to those laws. A person who is taken into custody by a bail agent in violation of this subdivision may institute and prosecute a civil action for injunctive, monetary, or other appropriate relief against the bail fugitive recovery agent within three years after the cause of action accrues.
(e)This section shall become operative on July 1, 2023.
SEC. 14.SEC. 15.Section 1334.2 of the Penal Code is amended to read:1334.2.(a)Except as provided in subdivision (f), if a judge of a court of record in any state, which by its laws provides for commanding persons within that state to attend and testify in this state, issues a certificate under the seal of the court that there is a criminal prosecution pending in the court, or that there is a grand jury investigation, that a person within this state is a material witness in that prosecution or grand jury investigation, and that their presence will be required for a specified number of days, then, upon presentation of the certificate to a judge of a court of record in the county in which the person is, a time and place for a hearing shall be fixed by the judge and the judge shall make an order directing the witness to appear at the hearing.
(b)If, at the hearing, the judge determines that the witness is material and necessary, that it will not cause undue hardship to the witness to be compelled to attend and testify in the prosecution or grand jury investigation in the other state, and that the laws of the state in which the prosecution is pending or in which there is a grand jury investigation will give to the witness protection from arrest and service of civil and criminal process and will furnish in advance to the witness the sum of ten cents ($0.10) for each mile necessarily traveled if the witness elects surface travel or the minimum round trip scheduled airline fare plus twenty cents ($0.20) a mile for necessary surface travel at either end of the flight if the witness elects air travel, and, except as provided in subdivision (b) of Section 1334.3, a per diem of twenty dollars ($20) for each day that they are required to travel and attend as a witness and that the judge of the court in which the witness is ordered to appear will order the payment of witness fees authorized by law for each day the witness is required to attend the court plus reimbursement for any additional expenses of the witness which the judge of the court in which the witness is ordered to appear shall find reasonable and necessary, the judge shall issue a subpoena, with a copy of the certificate attached, directing the witness to attend and testify in the court where the prosecution is pending, or where the grand jury investigation is, at a time and place specified in the subpoena. In any of these hearings the certificate shall be prima facie evidence of all the facts stated therein.
(c)If the certificate recommends that the witness be taken into immediate custody and delivered to an officer of the requesting state to assure the witness attendance therein, the judge may, in lieu of notification of the hearing, direct that the witness be forthwith brought before the judge for the hearing.
(d)If the judge at the hearing is satisfied of the desirability of the custody and delivery, for which determination the certificate shall be prima facie proof of this desirability, the judge may, in lieu of issuing a subpoena, order that the witness be forthwith taken into custody and delivered to an officer of the requesting state.
(e)If the witness, who is subpoenaed as provided in this section, after being paid or tendered by some properly authorized person the sum or fare, and per diem set forth in this section, fails without good cause to attend and testify as directed in the subpoena, the witness shall be punished in the manner provided for the punishment of any witness who disobeys a subpoena issued from a court of record in this state.
(f)A judge shall not issue an order directing a witness to appear pursuant to this section if the criminal prosecution is based on the laws of another state that authorize a criminal penalty to an individual performing, receiving, supporting, or aiding in the performance or receipt of sexual or reproductive health care, including but not limited to, an abortion, contraception, reproductive care, or gender-affirming care if the abortion, contraception, reproductive care, or gender-affirming sexual or reproductive health care is lawful under the laws of this state.
SEC. 15.SEC. 16.Section 1549.15 is added to the Penal Code, to read:1549.15.(a)For purposes of this section, the following terms have the following meanings:
(1)Gender-affirming health care and gender-affirming mental health care have the same meaning as in paragraph (3) of subdivision (b) of Section 16010.2 of the Welfare and Institutions Code.
(2)Legally protected health care activity means and includes both of the following acts and omissions by providers and facilitators of reproductive health care services and gender-affirming health care and gender-affirming mental health care to the extent they are not in violation of the constitution or the laws of this state:
(A)Any act or omission undertaken to aid or encourage, or attempt to aid or encourage, a person in the exercise or attempted exercise of laws of this state, or to provide insurance coverage for such services or care.
(B)The provision of such reproductive health care services or gender-affirming health care or gender-affirming mental health care by a person duly licensed under the laws of this state and or the provision of insurance coverage for such services or care is permitted under the laws of this state, regardless of the patients location.
(3)Reproductive health care services means and includes all services, care, or products of a medical, surgical, psychiatric, therapeutic, diagnostic, mental health, behavioral health, preventative, rehabilitative, supportive, consultative, referral, prescribing, or dispensing nature relating to the human reproductive system provided in accordance with the constitution and laws of this state, whether provided in person or by means of telehealth services which includes, but is not limited to, all services, care, and products relating to pregnancy, the termination of a pregnancy, assisted reproduction, contraception, miscarriage management, the termination of a pregnancy, or self-managed terminations. or contraception.
(b)Notwithstanding Section 1549.1 or any other law, and except as required by federal law, a demand for the extradition of a person charged with any legally protected health care activity shall not be recognized by the Governor unless in accordance with Section 1548.2.
SEC. 16.SEC. 17.Section 13778.3 is added to the Penal Code, to read:13778.3.(a)For purposes of this section, the following terms shall have the following meaning:
(1)Gender-affirming health care and gender-affirming mental health care have the same meaning as in paragraph (3) of subdivision (b) of Section 16010.2 of the Welfare and Institutions Code.
(2)Legally protected health care activity shall have the same meaning as in Section 1549.15.
(3)Reproductive health care services shall have the same meaning as in Section 1549.15.
(b)A state or local government employee, person or entity contracted by a state or local government, or person or entity acting on behalf of a local or state government shall not cooperate with or provide information to any individual, including a bondsman or person authorized, pursuant to subdivision (a) of Section 1299.02, to apprehend, detain, or arrest a fugitive admitted to bail in another state, or out-of-state agency or department regarding any legally protected health care activity or otherwise expend or use time, moneys, facilities, property, equipment, personnel, or other resources in furtherance of any investigation or proceeding that seeks to impose civil or criminal liability or professional sanctions upon a person or entity for any legally protected health care activity that occurred in this state or that would be legal if it occurred in this state.
(c)This section does not prohibit compliance with a valid, court-issued subpoena or warrant which does not relate to a law seeking to impose civil or criminal liability or professional sanctions for a legally protected health care activity, or in response to the written request of a person who is the subject of such an investigation or proceeding, to the extent necessary, in each case, to fulfill such request.
(d)Any out-of-state subpoena or warrant shall include an affidavit or declaration under penalty of perjury that the discovery is not in connection with an out-of-state proceeding relating to any legally protected health care activity unless the out-of-state proceeding meets all of the following requirements:
(1)Is based in tort, contract, or on statute.
(2)Is actionable, in an equivalent or similar manner, under the laws of this state.
(3)Was brought by the patient who received a legally protected health care activity or the patients legal representative.
SEC. 17.SEC. 18.Section 1003 of the Probate Code is amended to read:1003.(a)The court may, on its own motion or on request of a personal representative, guardian, conservator, trustee, or other interested person, appoint a guardian ad litem at any stage of a proceeding under this code to represent the interest of any of the following persons, if the court determines that representation of the interest otherwise would be inadequate:
(1)A minor.
(2)A person who lacks legal capacity to make decisions.
(3)An unborn beneficiary.
(4)An unascertained person.
(5)A person whose identity or address is unknown.
(6)A designated class of persons who are not ascertained or are not in being.
(b)If not precluded by a conflict of interest, a guardian ad litem may be appointed to represent several persons or interests.
(c)The reasonable expenses of the guardian ad litem, including compensation and attorneys fees, shall be determined by the court and paid as the court orders, either out of the property of the estate involved or by the petitioner or from any other source as the court orders.
(d)Before a court appoints a guardian ad litem pursuant to this chapter, a proposed guardian ad litem shall disclose both of the following to the court and all parties to the action or proceeding:
(1)Any known actual or potential conflicts of interest that would or might arise from the appointment.
(2)Any familial or affiliate relationship the proposed guardian ad litem has with any of the parties.
(e)If a guardian ad litem becomes aware that a potential conflict of interest has become an actual conflict of interest or that a new potential or actual conflict of interest exists, the guardian ad litem shall promptly disclose the conflict of interest to the court.
SEC. 18.SEC. 19.Section 10954 of the Probate Code is amended to read:10954.(a)Notwithstanding any other provision of this part, the personal representative is not required to file an account if any of the following conditions is satisfied as to each person entitled to distribution from the estate:
(1)The person has executed and filed a written waiver of account or a written acknowledgment that the persons interest has been satisfied.
(2)Adequate provision has been made for satisfaction in full of the persons interest. This paragraph does not apply to a residuary devisee or a devisee whose interest in the estate is subject to abatement, payment of expenses, or accrual of interest or income.
(b)A waiver or acknowledgment under subdivision (a) shall be executed as follows:
(1)If the person entitled to distribution is an adult and competent, by that person.
(2)If the person entitled to distribution is a minor, by a person authorized to receive money or property belonging to the minor. If the waiver or acknowledgment is executed by a guardian of the estate of the minor, the waiver or acknowledgment may be executed without the need to obtain approval of the court in which the guardianship proceeding is pending.
(3)If the person entitled to distribution is a conservatee, by the conservator of the estate of the conservatee. The waiver or acknowledgment may be executed without the need to obtain approval of the court in which the conservatorship proceeding is pending.
(4)If the person entitled to distribution is a trust, by the trustee, but only if the named trustees written acceptance of the trust is filed with the court. In the case of a trust that is subject to the continuing jurisdiction of the court pursuant to Chapter 4 (commencing with Section 17300) of Part 5 of Division 9, the waiver or acknowledgment may be executed without the need to obtain approval of the court.
(5)If the person entitled to distribution is an estate, by the personal representative of the estate. The waiver or acknowledgment may be executed without the need to obtain approval of the court in which the estate is being administered.
(6)If the person entitled to distribution is incapacitated, is an unborn beneficiary, is unascertained, or is a person whose identity or address is unknown, or is a designated class of persons who are not ascertained or are not in being, and there is a guardian ad litem appointed to represent the person entitled to distribution, by the guardian ad litem.
(7)If the person entitled to distribution has designated an attorney in fact who has the power under the power of attorney to execute the waiver or acknowledgment, by either of the following:
(A)The person entitled to distribution if an adult and competent.
(B)The attorney in fact.
(c)Notwithstanding subdivision (a):
(1)The personal representative shall file a final report of administration at the time the final account would otherwise have been required. The final report shall include the amount of compensation paid or payable to the personal representative and to the attorney for the personal representative and shall set forth the basis for determining the amounts.
(2)A creditor whose interest has not been satisfied may petition under Section 10950 for an account.
SEC. 19.SEC. 20.Section 15405 of the Probate Code is amended to read:15405.For the purposes of Sections 15403 and 15404, the consent of a beneficiary who lacks legal capacity, including a minor, or who is an unascertained or unborn beneficiary may be given in proceedings before the court by a guardian ad litem, if it would be appropriate to do so. In determining whether to give consent, the guardian ad litem may rely on general family benefit accruing to living members of the beneficiarys family as a basis for approving a modification or termination of the trust.
SEC. 20.SEC. 21.Section 19507 of the Probate Code is amended to read:19507.(a)In this section, a notice period begins on the day notice is given under subdivision (c) and ends 59 days after the day notice is given.
(b)An authorized fiduciary may exercise the decanting power without the consent of any person and without court approval in compliance with this part.
(c)Except as otherwise provided in subdivision (h), an authorized fiduciary shall give notice of the intended exercise of the decanting power not later than 60 days before the exercise to all of the following:
(1)Each settlor of the first trust, if living or then in existence.
(2)Each qualified beneficiary of the first trust.
(3)Each holder of a presently exercisable power of appointment over any part or all of the first trust.
(4)Each person that currently has the right to remove or replace the authorized fiduciary.
(5)Each other fiduciary of the first trust.
(6)Each fiduciary of the second trust.
(7)The Attorney General, if subdivision (b) of Section 19514 applies.
(d)Unless the trust instrument provides otherwise, an authorized fiduciary shall give notice under subdivision (c) to the guardian ad litem for a qualified beneficiary who is a minor and has no representative or who is an unascertained or unborn beneficiary. If a guardian ad litem has not been appointed at the time of the notice, the authorized fiduciary shall seek the appointment of one. The court may appoint a guardian ad litem, for purposes of this section, in instances where the only matter before the court is that appointment.
(e)If an authorized fiduciary knows, or has reason to know, that a person entitled to notice under subdivision (c) is substantially unable to manage that persons own financial resources or resist fraud or undue influence, the authorized fiduciary shall give notice under subdivision (c) to that person and to the individual appointed to act on that persons behalf, including, but not limited to, an attorney-in-fact under a power of attorney. If no such individual has been appointed at the time of the notice, the authorized fiduciary shall seek the appointment of such an individual. The court may appoint a guardian ad litem, for purposes of this section, in instances where the only matter before the court is that appointment.
(f)An authorized fiduciary is not required to give notice under subdivision (c) to a person who is known to the fiduciary but cannot be located by the fiduciary after reasonable diligence.
(g)A notice under subdivision (c) shall include all of the following:
(1)A description of the manner in which the authorized fiduciary intends to exercise the decanting power, which shall include a statement as to the authorized fiduciarys reason for the proposed decanting and an explanation as to the differences between the first trust and the second trust or trusts.
(2)The proposed effective date for exercise of the power.
(3)A copy of the first trust instrument.
(4)A copy of all second trust instruments.
(5)A warning, set out in a separate paragraph in not less than 10-point bold type, or a reasonable equivalent thereof, that states the following:
If you do not bring a court action to contest the proposed trust decanting (the proposed changes to the trust) within 59 days of this notice, you will lose your right to contest the decanting.
(h)The decanting power may be exercised before expiration of the notice period under subdivision (a) if all persons entitled to receive notice waive the period in a signed waiver.
(i)The receipt of notice, waiver of the notice period, or expiration of the notice period does not affect the right of a person to file an application under Section 19509 that asserts either of the following:
(1)An attempted exercise of the decanting power is ineffective because it did not comply with this part or was an abuse of discretion or breach of fiduciary duty.
(2)Section 19522 applies to the exercise of the decanting power.
(j)The notice required by this section shall be served by mail to the last known address, pursuant to Section 1215, or by personal delivery.
SEC. 21.SEC. 22.Section 11486.5 of the Welfare and Institutions Code is amended to read:11486.5.(a)An individual shall not be eligible for aid under this chapter if the individual is either:
(1)Fleeing to avoid prosecution, or custody and confinement after conviction, under the laws of the place from which the individual is fleeing, for a crime or an attempt to commit a crime that is a felony under the laws of the place from which the individual is fleeing, or which, in the case of the State of New Jersey, is a high misdemeanor under the laws of that state. For the purposes of this section, an individual shall be determined to be fleeing to avoid prosecution, or custody and confinement after conviction, if a federal, state, or local law enforcement officer, acting in an official capacity, presents an outstanding felony arrest warrant containing one or more of the following National Crime Information Center Offense Classification Codes:
(A)Escape (4901).
(B)Flight to Avoid (4902).
(C)Flight-Escape (4999).
(2)Violating a condition of probation or parole imposed under federal law or the law of any state.
(b)Subdivision (a) shall not apply with respect to conduct of an individual for any month beginning after the President of the United States grants a pardon with respect to the conduct.
SEC. 22.SEC. 23.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.
SEC. 23.SEC. 24.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
(a)Notwithstanding any other law, a board shall not suspend or revoke the license of a person regulated under this division solely because that person provided a legally protected health care activity, as defined in Section 1798.300 of the Civil Code.
(b)Notwithstanding any other law, a board shall not deny an application for licensure under this division or suspend, revoke, or otherwise impose discipline upon a person licensed pursuant to this division because the person was disciplined for or convicted of an offense in another state in which they were licensed if the suspension, revocation, or other discipline was for providing a legally protected health care activity, as defined in Section 1798.300 of the Civil Code.
(c)The performance, recommendation, or provision of any legally protected health care activity, as defined in Section 1798.300 of the Civil Code, by a health care practitioner acting within their scope of practice, for a patient who resides in a state in which the performance, recommendation, or provision of that legally protected health care activity is illegal, shall not, by itself, constitute professional misconduct under this division or any regulation governing the licensure, certification, or authorization of such practitioner, nor shall any license, certification, or authorization of a health care practitioner be revoked, suspended, or annulled or otherwise subject to any other penalty or discipline provided in this division solely on the basis that the health care practitioner performed, recommended, or provided any legally protected health care activity for a patient who resides in a state in which the performance, recommendation, or provision of that legally protected health service is illegal.
SEC. 2.Section 2746.5 of the Business and Professions Code is amended to read:2746.5.(a)The certificate to practice nurse-midwifery authorizes the holder to attend cases of low-risk pregnancy and childbirth and to provide prenatal, intrapartum, and postpartum care, including interconception care, family planning care, and immediate care for the newborn, consistent with the Core Competencies for Basic Midwifery Practice adopted by the American College of Nurse-Midwives, or its successor national professional organization, as approved by the board. For purposes of this subdivision, low-risk pregnancy means a pregnancy in which all of the following conditions are met:
(1)There is a single fetus.
(2)There is a cephalic presentation at onset of labor.
(3)The gestational age of the fetus is greater than or equal to 37 weeks and zero days and less than or equal to 42 weeks and zero days at the time of delivery.
(4)Labor is spontaneous or induced.
(5)The patient has no preexisting disease or condition, whether arising out of the pregnancy or otherwise, that adversely affects the pregnancy and that the certified nurse-midwife is not qualified to independently address consistent with this section.
(b)(1)The certificate to practice nurse-midwifery authorizes the holder to practice with a physician and surgeon under mutually agreed-upon policies and protocols that delineate the parameters for consultation, collaboration, referral, and transfer of a patients care, signed by both the certified nurse-midwife and a physician and surgeon to do either of the following:
(A)Provide a patient with care that falls outside the scope of services specified in subdivision (a).
(B)Provide intrapartum care to a patient who has had a prior cesarean section or surgery that interrupts the myometrium.
(2)If a physician and surgeon assumes care of the patient, the certified nurse-midwife may continue to attend the birth of the newborn and participate in physical care, counseling, guidance, teaching, and support, as indicated by the mutually agreed-upon policies and protocols signed by both the certified nurse-midwife and a physician and surgeon.
(3)After a certified nurse-midwife refers a patient to a physician and surgeon, the certified nurse-midwife may continue care of the patient during a reasonable interval between the referral and the initial appointment with the physician and surgeon.
(c)(1)If a nurse-midwife does not have in place mutually agreed-upon policies and protocols that delineate the parameters for consultation, collaboration, referral, and transfer of a patients care, signed by both the certified nurse-midwife and a physician and surgeon pursuant to paragraph (1) of subdivision (b), the patient shall be transferred to the care of a physician and surgeon to do either or both of the following:
(A)Provide a patient with care that falls outside the scope of services specified in subdivision (a).
(B)Provide intrapartum care to a patient who has had a prior cesarean section or surgery that interrupts the myometrium.
(2)After the certified nurse-midwife initiates the process of transfer pursuant to paragraph (1), for a patient who otherwise meets the definition of a low-risk pregnancy but no longer meets the criteria specified in paragraph (3) of subdivision (a) because the gestational age of the fetus is greater than 42 weeks and zero days, if there is inadequate time to effect safe transfer to a hospital prior to delivery or transfer may pose a threat to the health and safety of the patient or the fetus, the certified nurse-midwife may continue care of the patient consistent with the transfer plan described in subdivision (a) of Section 2746.54.
(3)A patient who has been transferred from the care of a certified nurse-midwife to that of a physician and surgeon may return to the care of the certified nurse-midwife after the physician and surgeon has determined that the condition or circumstance that required, or would require, the transfer from the care of the nurse-midwife pursuant to paragraph (1) is resolved.
(d)The certificate to practice nurse-midwifery authorizes the holder to attend pregnancy and childbirth in an out-of-hospital setting if consistent with subdivisions (a), (b), and (c).
(e)This section shall not be interpreted to deny a patients right to self-determination or informed decisionmaking with regard to choice of provider or birth setting.
(f)The certificate to practice nurse-midwifery does not authorize the holder of the certificate to assist childbirth by vacuum or forceps extraction, or to perform any external cephalic version.
(g)A certified nurse-midwife shall document all consultations, referrals, and transfers in the patient record.
(h)(1)A certified nurse-midwife shall refer all emergencies to a physician and surgeon immediately.
(2)A certified nurse-midwife may provide emergency care until the assistance of a physician and surgeon is obtained.
(i)This chapter does not authorize a nurse-midwife to practice medicine or surgery.
(j)This section shall not be construed to require a physician and surgeon to sign protocols and procedures for a nurse-midwife or to permit any action that violates Section 2052 or 2400.
(k)This section shall not be construed to require a nurse-midwife to have mutually agreed-upon, signed policies and protocols for the provision of services described in subdivision (a).
SEC. 3.Title 1.81.49 (commencing with Section 1798.99.90) is added to Part 4 of Division 3 of the Civil Code, to read:1.81.49.Family Planning Center Location Data1798.99.90.(a)A person or business shall not collect, use, store, or sell geographic data that contains the personal information of a person physically located in or in close proximity to a family planning center, unless it is necessary and proportionate to perform the services or provide the goods that the person seeking family planning center services has requested. disclose, or retain the personal information of a person who is physically located at, or in close proximity to, a family planning center, except as specified in subdivision (c).
(b)For purposes of this section, the following definitions apply:
(1)Collect means the same as defined in subdivision (f) of Section 1798.140.
(2)Family planning center means a business categorized as a family planning center by the North American Industry Classification System adopted by the United States Census Bureau, including, but not limited to, a clinic or center that provides reproductive health care services as defined in Section 1798.300 of the Civil Code.
(3)Personal information means the same as defined in subdivision (v) of Section 1798.140. has the same definition as that term is defined in subdivision (v) of Section 1798.140, except as applied to all persons and not limited to consumers and households, as those terms are defined in subdivisions (i) and (q), respectively, of that section.
(4)Sell means the same as defined in subdivision (ad) of Section 1798.140.
(5)Share means the same as defined in subdivision (ah) of Section 1798.140.
(c)A person or businesss collection, use, or storing of business shall collect, use, disclose, or retain only the minimum amount of personal information of a person physically located in or in close proximity to a family planning center shall be reasonably necessary and proportionate to achieve the purposes for which the personal information was collected or processed, or for another disclosed purpose that is compatible with the context in which the personal information was collected, and not further processed in a manner that is incompatible with those purposes. who is physically located at, or in close proximity to, a family planning center necessary to perform the services or provide the goods requested by the person. A person or business shall not sell or share this personal information.
(d)(1)An aggrieved person or entity, including a family planning center, may institute and prosecute a civil action against any person or business who violates this section for injunctive and monetary relief and attorneys fees within three years of discovery of the violation.
(2)If the court finds for the petitioner in an action authorized by paragraph (1), recovery shall be in the amount of three times the amount of actual damages and any other expenses, costs, or reasonable attorneys fees incurred in connection with the litigation.
SEC. 4.Title 1.81.7 (commencing with Section 1798.300) is added to Part 4 of Division 3 of the Civil Code, to read:1.81.7.Reproductive and Gender-Affirming Health Care Services1798.300.As used in this title, the following definitions apply:
(a)Abusive litigation means litigation or other legal action to deter, prevent, sanction, or punish a person engaging in legally protected health care activity by either of the following:
(1)Filing or prosecuting an action in a state other than California where liability, in whole or part, directly or indirectly, is based on a legally protected health care activity that was legal in the state in which it occurred, including an action in which liability is based on a theory of vicarious, joint, or several liability.
(2)Attempting to enforce an order or judgment issued in connection with an action described in paragraph (1) by a party to that action or a person acting on behalf of a party to that action. An action shall be considered to be based on conduct that was legal in the state in which it occurred if a part of an act or omission involved in the course of conduct that forms the basis for liability in the action occurs or is initiated in a state in which the health care was legal, whether or not the act or omission is alleged or included in a pleading or other filing in the lawsuit.
(b)Aggrieved person, provider, or other entity includes, but is not limited to, a person who resides in California, a business or entity doing business in the state or located in the state, a person or entity that provided a legally protected health care activity in California, a person who received a legally protected health care activity from a provider licensed in California, a person or entity that is licensed in California to provide a legally protected health care activity, including a provider, clinic, or insurance company, or a person who assisted a person or entity that received or provided a legally protected health care activity in California.
(c)Gender-affirming health care services and gender-affirming mental health care services have the same meaning as defined in paragraph (3) of subdivision (b) of Section 16010.2 of the Welfare and Institutions Code.
(d)(1)Legally protected health care activity means any of the following:
(A)The exercise and enjoyment, or attempted exercise and enjoyment, by a person of rights to reproductive health care services, gender-affirming health care services, or gender-affirming mental health care services secured by the Constitution or laws of California or the provision of insurance coverage for such services.
(B)An act or omission undertaken to aid or encourage, or attempt to aid or encourage, a person in the exercise and enjoyment or attempted exercise and enjoyment of rights to reproductive health care services, gender-affirming health care services, or gender-affirming mental health care services secured by the Constitution or laws of California.
(C)The provision of reproductive health care services, gender-affirming health care services, or gender-affirming mental health care services by a person duly licensed under the laws of California and the provision of insurance coverage for the services, if the service is permitted under the laws of California, regardless of the patients location.
(2)Legally protected health care activity does not include a service rendered below the applicable professional standard of care or that would violate antidiscrimination laws of California.
(e)Reproductive health care services means and includes all services, care, or products of a medical, surgical, psychiatric, therapeutic, diagnostic, mental health, behavioral health, preventative, rehabilitative, supportive, consultative, referral, prescribing, or dispensing nature relating to the human reproductive system provided in accordance with the constitution and laws of this state, whether provided in person or by means of telehealth services which includes, but is not limited to, all services, care, and products relating to pregnancy, assisted reproduction, contraception, miscarriage management, the termination of a pregnancy, or self-managed terminations.
1798.301.Reproductive health care services, gender-affirming health care services, and gender-affirming mental health care services are rights secured by the Constitution and laws of California. Interference with these rights, whether or not under the color of law, is against the public policy of California.
1798.302.A public act or record of a foreign jurisdiction that prohibits, criminalizes, sanctions, authorizes a person to bring a civil action against, or otherwise interferes with a person, provider, or other entity in California that seeks, receives, causes, aids in access to, aids, abets, provides, or attempts or intends to seek, receive, cause, aid in access to, aid, abet, or provide, reproductive health care services, gender-affirming health care services, or gender-affirming mental health care services shall be an interference with the exercise and enjoyment of the rights secured by the Constitution and laws of California and shall be a violation of the public policy of California.
1798.303.If a person, whether or not acting under color of law, engages or attempts to engage in abusive litigation that infringes on or interferes with, or attempts to infringe on or interfere with, a legally protected health care activity, then an aggrieved person, provider, carrier, or other entity, including a defendant in the abusive litigation, may institute a civil action for injunctive, monetary, or other appropriate relief within three years after the cause of action accrues.
1798.304.An aggrieved person, provider, or other entity, including a defendant in abusive litigation, may move to modify or quash a subpoena issued in connection with abusive litigation on the grounds that the subpoena is unreasonable, oppressive, or inconsistent with the public policy of California.
1798.305.If the court finds for the petitioner in an action authorized by Section 1798.303, recovery shall be in the amount of three times the amount of actual damages, which shall include damages for the amount of a judgment issued in connection with an abusive litigation, and any other expenses, costs, or reasonable attorneys fees incurred in connection with the abusive litigation.
1798.306.(a)A court may exercise jurisdiction over a person in an action authorized by Section 1798.303 if any of the following apply:
(1)Personal jurisdiction is found under Section 410.10 of the Code of Civil Procedure.
(2)The person has commenced an action in a court in California and, during the pendency of that action or an appeal therefrom, a summons and complaint is served on the person or the attorney appearing on the persons behalf in that action or as otherwise permitted by law.
(3)The exercise of jurisdiction is permitted under the Constitution of the United States.
(b)This section does not apply to a lawsuit or judgment entered in another state that is based on conduct for which a cause of action exists under the laws of California, including a contract, tort, common law, or statutory claims claim.
1798.307.Notwithstanding any other law, the laws of California shall govern in a case or controversy heard in California related to reproductive health care services, gender-affirming health care services, or gender-affirming mental health care services, except as may be required by federal law.
1798.308.This title shall not be construed to provide jurisdiction over a California resident in an out-of-state forum when the California resident has not availed themselves of that forum.
SEC. 5.Section 762.020 of the Code of Civil Procedure is amended to read:762.020.(a)If the name of a person required to be named as a defendant is not known to the plaintiff, the plaintiff shall so state in the complaint and shall name as parties all persons unknown in the manner provided in Section 762.060.
(b)If the claim or the share or quantity of the claim of a person required to be named as a defendant is unknown, uncertain, or contingent, the plaintiff shall so state in the complaint. If the lack of knowledge, uncertainty, or contingency is caused by a transfer to an unborn or unascertained beneficiary or class member, or by a transfer in the form of a contingent remainder, vested remainder subject to defeasance, executory interest, or similar disposition, the plaintiff shall also state in the complaint, so far as is known to the plaintiff, the name, age, and legal disability (if any) of the person in being who would be entitled to the claim had the contingency upon which the claim depends occurred prior to the commencement of the action.
SEC. 6.Section 872.520 of the Code of Civil Procedure is amended to read:872.520.(a)If the name of a person described in Section 872.510 is not known to the plaintiff, the plaintiff shall so state in the complaint and shall name as parties all persons unknown in the manner provided in Section 872.550.
(b)If the ownership or the share or quantity of the interest of a person described in Section 872.510 is unknown, uncertain, or contingent, the plaintiff shall so state in the complaint. If the lack of knowledge, uncertainty, or contingency is caused by a transfer to an unborn or unascertained beneficiary or class member, or by a transfer in the form of a contingent remainder, vested remainder subject to defeasance, executory interest, or similar disposition, the plaintiff shall also state in the complaint, so far as is known to the plaintiff, the name, age, and legal disability (if any) of the person in being who would be entitled to ownership of the interest had the contingency upon which the right of such person depends occurred prior to the commencement of the action.
(c)The court shall upon its own motion or upon motion of any party make such orders for joinder of additional parties and for appointment of guardians ad litem pursuant to Sections 372, 373, and 373.5 as are necessary or proper.
SEC. 7.Section 1710.50 of the Code of Civil Procedure is amended to read:1710.50.(a)The court shall grant a stay of enforcement where:
(1)An appeal from the sister state judgment is pending or may be taken in the state which originally rendered the judgment. Under this paragraph, enforcement shall be stayed until the proceedings on appeal have been concluded or the time for appeal has expired.
(2)A stay of enforcement of the sister state judgment has been granted in the sister state. Under this paragraph, enforcement shall be stayed until the sister state stay of enforcement expires or is vacated.
(3)The judgment debtor has made a motion to vacate pursuant to Section 1710.40. Under this paragraph, enforcement shall be stayed until the judgment debtors motion to vacate is determined.
(4)A money judgment or lien on real property was obtained against a person or entity for exercising a right guaranteed under the United States Constitution as interpreted by the United States Supreme Court precedent at the time the right was exercised, or a right guaranteed under the California Constitution, or against a person or entity for aiding and abetting the exercise of said rights. The stay of enforcement shall remain in place until such time as the statute of limitations in Section 1798.303 of the Civil Code has elapsed or an action prosecuted under Section 1798.303 has concluded, whichever is later.
(5)Any other circumstance exists where the interests of justice require a stay of enforcement.
(b)The court may grant a stay of enforcement under this section on its own motion, on ex parte motion, or on noticed motion.
(c)The court shall grant a stay of enforcement under this section on such terms and conditions as are just including but not limited to the following:
(1)The court may require an undertaking in an amount it determines to be just, but the amount of the undertaking shall not exceed double the amount of the judgment creditors claim.
(2)If a writ of execution has been issued, the court may order that it remain in effect.
(3)If property of the judgment debtor has been levied upon under a writ of execution, the court may order the levying officer to retain possession of the property capable of physical possession and to maintain the levy on other property.
SEC. 8.Section 22171 of the Education Code is amended to read:22171.(a)Spouse means a person who was continuously married to the member for the period beginning at least 12 months prior to the death of the member, unless a child is born to the member and the members spouse within the 12-month period or unless the spouse is carrying a fetus, conceived with the member.
(b)Spouse also means a person who was married to the member for less than 12 months, if the members death was either accidental, or due to an illness, and the marriage took place prior to the occurrence of the injury or diagnosis of the illness that resulted in death.
(1)A members death is defined as accidental only if the member received bodily injuries through violent, external, or accidental means and died as a direct result of the bodily injuries and independent of all other causes.
(2)This subdivision does not apply if, at the time of the marriage, the member could not have reasonably been expected to live for 12 months.
(c)Except as excluded by Sections 22661 and 23812, a person who is the registered domestic partner of a member, as established pursuant to Section 297 or 299.2 of the Family Code, shall be treated in the same manner as a spouse.
SEC. 9.Section 1317.1 of the Health and Safety Code is amended to read:1317.1.Unless the context otherwise requires, the following definitions shall control the construction of this article and Section 1371.4:
(a)(1)Emergency services and care means medical screening, examination, and evaluation by a physician and surgeon, or, to the extent permitted by applicable law, by other appropriate licensed persons under the supervision of a physician and surgeon, to determine if an emergency medical condition or active labor exists and, if it does, the care, treatment, and surgery, if within the scope of that persons license, necessary to relieve or eliminate the emergency medical condition, within the capability of the facility.
(2)(A)Emergency services and care also means an additional screening, examination, and evaluation by a physician, or other personnel to the extent permitted by applicable law and within the scope of their licensure and clinical privileges, to determine if a psychiatric emergency medical condition exists, and the care and treatment necessary to relieve or eliminate the psychiatric emergency medical condition, within the capability of the facility.
(B)The care and treatment necessary to relieve or eliminate a psychiatric emergency medical condition may include admission or transfer to a psychiatric unit within a general acute care hospital, as defined in subdivision (a) of Section 1250, or to an acute psychiatric hospital, as defined in subdivision (b) of Section 1250, pursuant to subdivision (k). Nothing in this subparagraph shall be construed to permit a transfer that is in conflict with the Lanterman-Petris-Short Act (Part 1 (commencing with Section 5000) of Division 5 of the Welfare and Institutions Code).
(C)For the purposes of Section 1371.4, emergency services and care as defined in subparagraph (A) shall not apply to Medi-Cal managed care plan contracts entered into with the State Department of Health Care Services pursuant to Chapter 7 (commencing with Section 14000), Chapter 8 (commencing with Section 14200), and Chapter 8.75 (commencing with Section 14590) of Part 3 of Division 9 of the Welfare and Institutions Code, to the extent that those services are excluded from coverage under those contracts.
(D)This paragraph does not expand, restrict, or otherwise affect the scope of licensure or clinical privileges for clinical psychologists or other medical personnel.
(b)Emergency medical condition means a medical condition manifesting itself by acute symptoms of sufficient severity (including severe pain) such that the absence of immediate medical attention could reasonably be expected to result in any of the following:
(1)Placing the patients health in serious jeopardy.
(2)Serious impairment to bodily functions.
(3)Serious dysfunction of any bodily organ or part.
(c)Active labor means a labor at a time at which either of the following would occur:
(1)There is inadequate time to effect safe transfer to another hospital prior to delivery.
(2)A transfer may pose a threat to the health and safety of the patient or the fetus.
(d)Hospital means all hospitals with an emergency department licensed by the state department.
(e)State department means the State Department of Public Health.
(f)Medical hazard means a material deterioration in medical condition in, or jeopardy to, a patients medical condition or expected chances for recovery.
(g)Board means the Medical Board of California.
(h)Within the capability of the facility means those capabilities that the hospital is required to have as a condition of its emergency medical services permit and services specified on Services Inventory Form 7041 filed by the hospital with the Department of Health Care Access and Information.
(i)Consultation means the rendering of an opinion or advice, prescribing treatment, or the rendering of a decision regarding hospitalization or transfer by telephone or other means of communication. When determined to be medically necessary, jointly by the treating physician and surgeon, or by other appropriate licensed persons acting within their scope of licensure, under the supervision of a physician and surgeon, and the consulting physician and surgeon, consultation includes review of the patients medical record, examination, and treatment of the patient in person by a consulting physician and surgeon, or by other appropriate licensed persons acting within their scope of licensure under the supervision of a consulting physician and surgeon, who is qualified to give an opinion or render the necessary treatment in order to stabilize the patient. A request for consultation shall be made by the treating physician and surgeon, or by other appropriate licensed persons acting within their scope of licensure under the supervision of a treating physician and surgeon, provided the request is made with the contemporaneous approval of the treating physician and surgeon. The treating physician and surgeon may request to communicate directly with the consulting physician and surgeon, and when determined to be medically necessary, jointly by the treating physician and surgeon and the consulting physician and surgeon, the consulting physician and surgeon shall examine and treat the patient in person. The consulting physician and surgeon is ultimately responsible for providing the necessary consultation to the patient, regardless of who makes the in-person appearance.
(j)A patient is stabilized or stabilization has occurred when, in the opinion of the treating physician and surgeon, or other appropriate licensed persons acting within their scope of licensure under the supervision of a treating physician and surgeon, the patients medical condition is such that, within reasonable medical probability, no material deterioration of the patients condition is likely to result from, or occur during, the release or transfer of the patient as provided for in Section 1317.2, Section 1317.2a, or other pertinent statute.
(k)(1)Psychiatric emergency medical condition means a mental disorder that manifests itself by acute symptoms of sufficient severity that it renders the patient as being either of the following:
(A)An immediate danger to themselves or to others.
(B)Immediately unable to provide for, or utilize, food, shelter, or clothing, due to the mental disorder.
(2)This subdivision does not expand, restrict, or otherwise affect the scope of licensure or clinical privileges for clinical psychologists or medical personnel.
(l)This section shall not be construed to expand the scope of licensure for licensed persons providing services pursuant to this section.
SEC. 10.Section 123468.5 is added to the Health and Safety Code, to read:123468.5.(a)(1)California law governs in any action in this state, whether civil, administrative, or criminal, against any person who provides, receives, aids or abets in providing or receiving, or attempts to provide or receive, by any means, including telehealth, the health care services described in paragraph (2) if the provider was located in this state or any other state where the care was legal at the time of the challenged conduct.
(2)Reproductive health care services and gender-affirming health care services, including gender-affirming mental health care services, are subject to paragraph (1).
(b)Reproductive health has the same meaning as set forth in Section 1798.300 of the Health and Safety Code.
(c)Gender-affirming health care services and gender-affirming mental health care services have the same meaning as defined in paragraph (3) of subdivision (b) of Section 16010.2 of the Welfare and Institutions Code.
SEC. 11.Section 187 of the Penal Code is amended to read:187.(a)Murder is the unlawful killing of a human being, or a fetus, with malice aforethought.
(b)This section shall not apply to any person who commits an act that results in the death of a fetus if any of the following apply:
(1)The act complied with the former Therapeutic Abortion Act (Article 2 (commencing with Section 123400) of Chapter 2 of Part 2 of Division 106 of the Health and Safety Code) or the Reproductive Privacy Act (Article 2.5 (commencing with Section 123460) of Chapter 2 of Part 2 of Division 106 of the Health and Safety Code).
(2)The act was committed by a holder of a physicians and surgeons certificate, as defined in the Business and Professions Code, in a case where, to a medical certainty, the result of childbirth would be death of the mother of the fetus or where the mothers death from childbirth, although not medically certain, would be substantially certain or more likely than not.
(3)It was an act or omission by the person pregnant with the fetus or was solicited, aided, abetted, or consented to by the person pregnant with the fetus.
(c)Subdivision (b) shall not be construed to prohibit the prosecution of any person under any other provision of law.
SEC. 12.Section 847.5 of the Penal Code is amended to read:847.5.(a)Except as provided in subdivision (b), if a person has been admitted to bail in another state, escapes bail, and is present in this state, the bail bondsman or other person who is bail for such fugitive, may file with a magistrate in the county where the fugitive is present an affidavit stating the name and whereabouts of the fugitive, the offense with which the alleged fugitive was charged or of which they were convicted, the time and place of same, and the particulars in which the fugitive has violated the terms of their bail, and may request the issuance of a warrant for arrest of the fugitive, and the issuance, after hearing, of an order authorizing the affiant to return the fugitive to the jurisdiction from which they escaped bail. The magistrate may require such additional evidence under oath as they deem necessary to decide the issue. If the magistrate concludes that there is probable cause for believing that the person alleged to be a fugitive is such, the magistrate may issue a warrant for the persons arrest. The magistrate shall notify the district attorney of the action and shall direct the district attorney to investigate the case and determine the facts of the matter. When the fugitive is brought before the magistrate pursuant to the warrant, the magistrate shall set a time and place for hearing, and shall advise the fugitive of their right to counsel and to produce evidence at the hearing. The magistrate may admit the fugitive to bail pending the hearing. The district attorney shall appear at the hearing. If, after hearing, the magistrate is satisfied from the evidence that the person is a fugitive, the magistrate may issue an order authorizing affiant to return the fugitive to the jurisdiction from which they escaped bail.
(b)A magistrate shall not issue a warrant for the arrest of an individual whose alleged offense or conviction is for the violation of the laws of another state that authorize a criminal penalty to an individual performing, receiving, supporting, or aiding in the performance or receipt of an abortion, contraception, reproductive care, or gender-affirming care if the abortion, contraception, reproductive care, or gender-affirming care is lawful under the laws of this state, regardless of the recipients location.
(c)A bondsman or person authorized, pursuant to subdivision (a) of Section 1299.02, to apprehend, detain, or arrest a fugitive admitted to bail in another state who takes into custody a fugitive admitted to bail in another state whose alleged offense or conviction is for the violation of the laws of another state that authorize a criminal penalty to an individual performing, receiving, supporting, or aiding in the performance or receipt of an abortion, contraception, reproductive care, or gender-affirming care if the abortion, contraception, reproductive care, or gender-affirming care is lawful under the laws of this state, regardless of the recipients location, without a magistrates order, is ineligible for a license issued pursuant to Chapter 11.3 (commencing with Section 7512) of Division 3 of the Business and Professions Code or Section 1800 of the Insurance Code, and shall forfeit any license already obtained pursuant to those laws.
(d)A person who is taken into custody by a bail agent in violation of subdivision (b) may institute and prosecute a civil action for injunctive, monetary, or other appropriate relief against the bondsman and bond company within three years after the cause of action accrues.
(e)A bondsman or other person who is bail for a fugitive admitted to bail in another state who takes the fugitive into custody, except pursuant to an order issued under this section, is guilty of a misdemeanor.
SEC. 13.Section 1299.02 of the Penal Code, as added by Section 21 of Chapter 768 of the Statutes of 2022, is amended to read:1299.02.(a)No person, other than a certified law enforcement officer, shall be authorized to apprehend, detain, or arrest a bail fugitive unless that person meets one of the following conditions:
(1)Is a bail as defined in paragraph (2) of subdivision (a) of Section 1299.01 who is also a bail fugitive recovery agent as defined in paragraph (4) of subdivision (a) of Section 1299.01.
(2)Is a bail fugitive recovery agent as defined in paragraph (4) of subdivision (a) of Section 1299.01.
(3)Is a licensed private investigator as provided in Chapter 11.3 (commencing with Section 7512) of Division 3 of the Business and Professions Code who is also a bail fugitive recovery agent as defined in paragraph (4) of subdivision (a) of Section 1299.01.
(b)This article shall not prohibit an arrest pursuant to Sections 837, 838, and 839, provided that no consideration is paid or allowed, directly or indirectly, to any person effecting an arrest pursuant to Sections 837, 838, and 839.
(c)Individuals who hold a bail license, bail fugitive recovery license, bail enforcer license, bail runner license, or private investigator license issued by another state shall not apprehend, detain, or arrest bail fugitives in California, unless that individual obtains a bail fugitive recovery agent license issued in this state and complies with California law.
(d)A person authorized, pursuant to subdivision (a), to apprehend, detain, or arrest a bail fugitive shall not apprehend, detain, or arrest a bail fugitive admitted to bail in another state whose alleged offense or conviction was for the violation of the laws of another state that authorize a criminal penalty to an individual performing, receiving, supporting, or aiding in the performance or receipt of an abortion, contraception, reproductive care, or gender-affirming care if the abortion, contraception, reproductive care, or gender-affirming care is lawful under the laws of this state, regardless of the recipients location. A person who violates this subdivision is guilty of a misdemeanor punishable by a fine of five thousand dollars ($5,000) or by imprisonment in a county jail not to exceed one year, or by both that imprisonment and fine, is ineligible for a license issued pursuant to Chapter 11.3 (commencing with Section 7512) of Division 3 of the Business and Professions Code or Section 1800 of the Insurance Code, and shall forfeit any license already obtained pursuant to those laws. A person who is taken into custody by a bail agent in violation of this subdivision may institute and prosecute a civil action for injunctive, monetary, or other appropriate relief against the bail fugitive recovery agent within three years after the cause of action accrues.
(e)This section shall become operative on July 1, 2023.
SEC. 14.Section 1334.2 of the Penal Code is amended to read:1334.2.(a)Except as provided in subdivision (f), if a judge of a court of record in any state, which by its laws provides for commanding persons within that state to attend and testify in this state, issues a certificate under the seal of the court that there is a criminal prosecution pending in the court, or that there is a grand jury investigation, that a person within this state is a material witness in that prosecution or grand jury investigation, and that their presence will be required for a specified number of days, then, upon presentation of the certificate to a judge of a court of record in the county in which the person is, a time and place for a hearing shall be fixed by the judge and the judge shall make an order directing the witness to appear at the hearing.
(b)If, at the hearing, the judge determines that the witness is material and necessary, that it will not cause undue hardship to the witness to be compelled to attend and testify in the prosecution or grand jury investigation in the other state, and that the laws of the state in which the prosecution is pending or in which there is a grand jury investigation will give to the witness protection from arrest and service of civil and criminal process and will furnish in advance to the witness the sum of ten cents ($0.10) for each mile necessarily traveled if the witness elects surface travel or the minimum round trip scheduled airline fare plus twenty cents ($0.20) a mile for necessary surface travel at either end of the flight if the witness elects air travel, and, except as provided in subdivision (b) of Section 1334.3, a per diem of twenty dollars ($20) for each day that they are required to travel and attend as a witness and that the judge of the court in which the witness is ordered to appear will order the payment of witness fees authorized by law for each day the witness is required to attend the court plus reimbursement for any additional expenses of the witness which the judge of the court in which the witness is ordered to appear shall find reasonable and necessary, the judge shall issue a subpoena, with a copy of the certificate attached, directing the witness to attend and testify in the court where the prosecution is pending, or where the grand jury investigation is, at a time and place specified in the subpoena. In any of these hearings the certificate shall be prima facie evidence of all the facts stated therein.
(c)If the certificate recommends that the witness be taken into immediate custody and delivered to an officer of the requesting state to assure the witness attendance therein, the judge may, in lieu of notification of the hearing, direct that the witness be forthwith brought before the judge for the hearing.
(d)If the judge at the hearing is satisfied of the desirability of the custody and delivery, for which determination the certificate shall be prima facie proof of this desirability, the judge may, in lieu of issuing a subpoena, order that the witness be forthwith taken into custody and delivered to an officer of the requesting state.
(e)If the witness, who is subpoenaed as provided in this section, after being paid or tendered by some properly authorized person the sum or fare, and per diem set forth in this section, fails without good cause to attend and testify as directed in the subpoena, the witness shall be punished in the manner provided for the punishment of any witness who disobeys a subpoena issued from a court of record in this state.
(f)A judge shall not issue an order directing a witness to appear pursuant to this section if the criminal prosecution is based on the laws of another state that authorize a criminal penalty to an individual performing, receiving, supporting, or aiding in the performance or receipt of an abortion, contraception, reproductive care, or gender-affirming care if the abortion, contraception, reproductive care, or gender-affirming care is lawful under the laws of this state.
SEC. 15.Section 1549.15 is added to the Penal Code, to read:1549.15.(a)For purposes of this section, the following terms have the following meanings:
(1)Gender-affirming health care and gender-affirming mental health care have the same meaning as in paragraph (3) of subdivision (b) of Section 16010.2 of the Welfare and Institutions Code.
(2)Legally protected health care activity means and includes both of the following acts and omissions by providers and facilitators of reproductive health care services and gender-affirming health care and gender-affirming mental health care to the extent they are not in violation of the constitution or the laws of this state:
(A)Any act or omission undertaken to aid or encourage, or attempt to aid or encourage, a person in the exercise or attempted exercise of laws of this state, or to provide insurance coverage for such services or care.
(B)The provision of such reproductive health care services or gender-affirming health care or gender-affirming mental health care by a person duly licensed under the laws of this state and the provision of insurance coverage for such services or care is permitted under the laws of this state, regardless of the patients location.
(3)Reproductive health care services means and includes all services, care, or products of a medical, surgical, psychiatric, therapeutic, diagnostic, mental health, behavioral health, preventative, rehabilitative, supportive, consultative, referral, prescribing, or dispensing nature relating to the human reproductive system provided in accordance with the constitution and laws of this state, whether provided in person or by means of telehealth services which includes, but is not limited to, all services, care, and products relating to pregnancy, assisted reproduction, contraception, miscarriage management, the termination of a pregnancy, or self-managed terminations.
(b)Notwithstanding Section 1549.1 or any other law, and except as required by federal law, a demand for the extradition of a person charged with any legally protected health care activity shall not be recognized by the Governor unless in accordance with Section 1548.2.
SEC. 16.Section 13778.3 is added to the Penal Code, to read:13778.3.(a)For purposes of this section, the following terms shall have the following meaning:
(1)Gender-affirming health care and gender-affirming mental health care have the same meaning as in paragraph (3) of subdivision (b) of Section 16010.2 of the Welfare and Institutions Code.
(2)Legally protected health care activity shall have the same meaning as in Section 1549.15.
(3)Reproductive health care services shall have the same meaning as in Section 1549.15.
(b)A state or local government employee, person or entity contracted by a state or local government, or person or entity acting on behalf of a local or state government shall not cooperate with or provide information to any individual, including a bondsman or person authorized, pursuant to subdivision (a) of Section 1299.02, to apprehend, detain, or arrest a fugitive admitted to bail in another state, or out-of-state agency or department regarding any legally protected health care activity or otherwise expend or use time, moneys, facilities, property, equipment, personnel, or other resources in furtherance of any investigation or proceeding that seeks to impose civil or criminal liability or professional sanctions upon a person or entity for any legally protected health care activity that occurred in this state or that would be legal if it occurred in this state.
(c)This section does not prohibit compliance with a valid, court-issued subpoena or warrant which does not relate to a law seeking to impose civil or criminal liability or professional sanctions for a legally protected health care activity, or in response to the written request of a person who is the subject of such an investigation or proceeding, to the extent necessary, in each case, to fulfill such request.
(d)Any out-of-state subpoena or warrant shall include an affidavit or declaration under penalty of perjury that the discovery is not in connection with an out-of-state proceeding relating to any legally protected health care activity unless the out-of-state proceeding meets all of the following requirements:
(1)Is based in tort, contract, or on statute.
(2)Is actionable, in an equivalent or similar manner, under the laws of this state.
(3)Was brought by the patient who received a legally protected health care activity or the patients legal representative.
SEC. 17.Section 1003 of the Probate Code is amended to read:1003.(a)The court may, on its own motion or on request of a personal representative, guardian, conservator, trustee, or other interested person, appoint a guardian ad litem at any stage of a proceeding under this code to represent the interest of any of the following persons, if the court determines that representation of the interest otherwise would be inadequate:
(1)A minor.
(2)A person who lacks legal capacity to make decisions.
(3)An unborn beneficiary.
(4)An unascertained person.
(5)A person whose identity or address is unknown.
(6)A designated class of persons who are not ascertained or are not in being.
(b)If not precluded by a conflict of interest, a guardian ad litem may be appointed to represent several persons or interests.
(c)The reasonable expenses of the guardian ad litem, including compensation and attorneys fees, shall be determined by the court and paid as the court orders, either out of the property of the estate involved or by the petitioner or from any other source as the court orders.
(d)Before a court appoints a guardian ad litem pursuant to this chapter, a proposed guardian ad litem shall disclose both of the following to the court and all parties to the action or proceeding:
(1)Any known actual or potential conflicts of interest that would or might arise from the appointment.
(2)Any familial or affiliate relationship the proposed guardian ad litem has with any of the parties.
(e)If a guardian ad litem becomes aware that a potential conflict of interest has become an actual conflict of interest or that a new potential or actual conflict of interest exists, the guardian ad litem shall promptly disclose the conflict of interest to the court.
SEC. 18.Section 10954 of the Probate Code is amended to read:10954.(a)Notwithstanding any other provision of this part, the personal representative is not required to file an account if any of the following conditions is satisfied as to each person entitled to distribution from the estate:
(1)The person has executed and filed a written waiver of account or a written acknowledgment that the persons interest has been satisfied.
(2)Adequate provision has been made for satisfaction in full of the persons interest. This paragraph does not apply to a residuary devisee or a devisee whose interest in the estate is subject to abatement, payment of expenses, or accrual of interest or income.
(b)A waiver or acknowledgment under subdivision (a) shall be executed as follows:
(1)If the person entitled to distribution is an adult and competent, by that person.
(2)If the person entitled to distribution is a minor, by a person authorized to receive money or property belonging to the minor. If the waiver or acknowledgment is executed by a guardian of the estate of the minor, the waiver or acknowledgment may be executed without the need to obtain approval of the court in which the guardianship proceeding is pending.
(3)If the person entitled to distribution is a conservatee, by the conservator of the estate of the conservatee. The waiver or acknowledgment may be executed without the need to obtain approval of the court in which the conservatorship proceeding is pending.
(4)If the person entitled to distribution is a trust, by the trustee, but only if the named trustees written acceptance of the trust is filed with the court. In the case of a trust that is subject to the continuing jurisdiction of the court pursuant to Chapter 4 (commencing with Section 17300) of Part 5 of Division 9, the waiver or acknowledgment may be executed without the need to obtain approval of the court.
(5)If the person entitled to distribution is an estate, by the personal representative of the estate. The waiver or acknowledgment may be executed without the need to obtain approval of the court in which the estate is being administered.
(6)If the person entitled to distribution is incapacitated, is an unborn beneficiary, is unascertained, or is a person whose identity or address is unknown, or is a designated class of persons who are not ascertained or are not in being, and there is a guardian ad litem appointed to represent the person entitled to distribution, by the guardian ad litem.
(7)If the person entitled to distribution has designated an attorney in fact who has the power under the power of attorney to execute the waiver or acknowledgment, by either of the following:
(A)The person entitled to distribution if an adult and competent.
(B)The attorney in fact.
(c)Notwithstanding subdivision (a):
(1)The personal representative shall file a final report of administration at the time the final account would otherwise have been required. The final report shall include the amount of compensation paid or payable to the personal representative and to the attorney for the personal representative and shall set forth the basis for determining the amounts.
(2)A creditor whose interest has not been satisfied may petition under Section 10950 for an account.
SEC. 19.Section 15405 of the Probate Code is amended to read:15405.For the purposes of Sections 15403 and 15404, the consent of a beneficiary who lacks legal capacity, including a minor, or who is an unascertained or unborn beneficiary may be given in proceedings before the court by a guardian ad litem, if it would be appropriate to do so. In determining whether to give consent, the guardian ad litem may rely on general family benefit accruing to living members of the beneficiarys family as a basis for approving a modification or termination of the trust.
SEC. 20.Section 19507 of the Probate Code is amended to read:19507.(a)In this section, a notice period begins on the day notice is given under subdivision (c) and ends 59 days after the day notice is given.
(b)An authorized fiduciary may exercise the decanting power without the consent of any person and without court approval in compliance with this part.
(c)Except as otherwise provided in subdivision (h), an authorized fiduciary shall give notice of the intended exercise of the decanting power not later than 60 days before the exercise to all of the following:
(1)Each settlor of the first trust, if living or then in existence.
(2)Each qualified beneficiary of the first trust.
(3)Each holder of a presently exercisable power of appointment over any part or all of the first trust.
(4)Each person that currently has the right to remove or replace the authorized fiduciary.
(5)Each other fiduciary of the first trust.
(6)Each fiduciary of the second trust.
(7)The Attorney General, if subdivision (b) of Section 19514 applies.
(d)Unless the trust instrument provides otherwise, an authorized fiduciary shall give notice under subdivision (c) to the guardian ad litem for a qualified beneficiary who is a minor and has no representative or who is an unascertained or unborn beneficiary. If a guardian ad litem has not been appointed at the time of the notice, the authorized fiduciary shall seek the appointment of one. The court may appoint a guardian ad litem, for purposes of this section, in instances where the only matter before the court is that appointment.
(e)If an authorized fiduciary knows, or has reason to know, that a person entitled to notice under subdivision (c) is substantially unable to manage that persons own financial resources or resist fraud or undue influence, the authorized fiduciary shall give notice under subdivision (c) to that person and to the individual appointed to act on that persons behalf, including, but not limited to, an attorney-in-fact under a power of attorney. If no such individual has been appointed at the time of the notice, the authorized fiduciary shall seek the appointment of such an individual. The court may appoint a guardian ad litem, for purposes of this section, in instances where the only matter before the court is that appointment.
(f)An authorized fiduciary is not required to give notice under subdivision (c) to a person who is known to the fiduciary but cannot be located by the fiduciary after reasonable diligence.
(g)A notice under subdivision (c) shall include all of the following:
(1)A description of the manner in which the authorized fiduciary intends to exercise the decanting power, which shall include a statement as to the authorized fiduciarys reason for the proposed decanting and an explanation as to the differences between the first trust and the second trust or trusts.
(2)The proposed effective date for exercise of the power.
(3)A copy of the first trust instrument.
(4)A copy of all second trust instruments.
(5)A warning, set out in a separate paragraph in not less than 10-point bold type, or a reasonable equivalent thereof, that states the following:
If you do not bring a court action to contest the proposed trust decanting (the proposed changes to the trust) within 59 days of this notice, you will lose your right to contest the decanting.
(h)The decanting power may be exercised before expiration of the notice period under subdivision (a) if all persons entitled to receive notice waive the period in a signed waiver.
(i)The receipt of notice, waiver of the notice period, or expiration of the notice period does not affect the right of a person to file an application under Section 19509 that asserts either of the following:
(1)An attempted exercise of the decanting power is ineffective because it did not comply with this part or was an abuse of discretion or breach of fiduciary duty.
(2)Section 19522 applies to the exercise of the decanting power.
(j)The notice required by this section shall be served by mail to the last known address, pursuant to Section 1215, or by personal delivery.
SEC. 21.Section 11486.5 of the Welfare and Institutions Code is amended to read:11486.5.(a)An individual shall not be eligible for aid under this chapter if the individual is either:
(1)Fleeing to avoid prosecution, or custody and confinement after conviction, under the laws of the place from which the individual is fleeing, for a crime or an attempt to commit a crime that is a felony under the laws of the place from which the individual is fleeing, or which, in the case of the State of New Jersey, is a high misdemeanor under the laws of that state. For the purposes of this section, an individual shall be determined to be fleeing to avoid prosecution, or custody and confinement after conviction, if a federal, state, or local law enforcement officer, acting in an official capacity, presents an outstanding felony arrest warrant containing one or more of the following National Crime Information Center Offense Classification Codes:
(A)Escape (4901).
(B)Flight to Avoid (4902).
(C)Flight-Escape (4999).
(2)Violating a condition of probation or parole imposed under federal law or the law of any state.
(b)Subdivision (a) shall not apply with respect to conduct of an individual for any month beginning after the President of the United States grants a pardon with respect to the conduct.
SEC. 22.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.
SEC. 23.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
SEC. 24.The Legislature finds and declares that the titles added to the Civil Code by this act further the purpose and intent of the California Privacy Rights Act of 2020, enacted by Proposition 24 at the November 3, 2020, statewide election, within the meaning of Section 25 of Proposition 24.(a)Notwithstanding any other law, a board shall not suspend or revoke the license of a person regulated under this division solely because that person provided a legally protected health care activity, as defined in Section 1798.300 of the Civil Code.
(b)Notwithstanding any other law, a board shall not deny an application for licensure under this division or suspend, revoke, or otherwise impose discipline upon a person licensed pursuant to this division because the person was disciplined for or convicted of an offense in another state in which they were licensed if the suspension, revocation, or other discipline was for providing a legally protected health care activity, as defined in Section 1798.300 of the Civil Code.
(c)The performance, recommendation, or provision of any legally protected health care activity, as defined in Section 1798.300 of the Civil Code, by a health care practitioner acting within their scope of practice, for a patient who resides in a state in which the performance, recommendation, or provision of that legally protected health care activity is illegal, shall not, by itself, constitute professional misconduct under this division or any regulation governing the licensure, certification, or authorization of such practitioner, nor shall any license, certification, or authorization of a health care practitioner be revoked, suspended, or annulled or otherwise subject to any other penalty or discipline provided in this division solely on the basis that the health care practitioner performed, recommended, or provided any legally protected health care activity for a patient who resides in a state in which the performance, recommendation, or provision of that legally protected health service is illegal.
SEC. 2.Section 2746.5 of the Business and Professions Code is amended to read:2746.5.(a)The certificate to practice nurse-midwifery authorizes the holder to attend cases of low-risk pregnancy and childbirth and to provide prenatal, intrapartum, and postpartum care, including interconception care, family planning care, and immediate care for the newborn, consistent with the Core Competencies for Basic Midwifery Practice adopted by the American College of Nurse-Midwives, or its successor national professional organization, as approved by the board. For purposes of this subdivision, low-risk pregnancy means a pregnancy in which all of the following conditions are met:
(1)There is a single fetus.
(2)There is a cephalic presentation at onset of labor.
(3)The gestational age of the fetus is greater than or equal to 37 weeks and zero days and less than or equal to 42 weeks and zero days at the time of delivery.
(4)Labor is spontaneous or induced.
(5)The patient has no preexisting disease or condition, whether arising out of the pregnancy or otherwise, that adversely affects the pregnancy and that the certified nurse-midwife is not qualified to independently address consistent with this section.
(b)(1)The certificate to practice nurse-midwifery authorizes the holder to practice with a physician and surgeon under mutually agreed-upon policies and protocols that delineate the parameters for consultation, collaboration, referral, and transfer of a patients care, signed by both the certified nurse-midwife and a physician and surgeon to do either of the following:
(A)Provide a patient with care that falls outside the scope of services specified in subdivision (a).
(B)Provide intrapartum care to a patient who has had a prior cesarean section or surgery that interrupts the myometrium.
(2)If a physician and surgeon assumes care of the patient, the certified nurse-midwife may continue to attend the birth of the newborn and participate in physical care, counseling, guidance, teaching, and support, as indicated by the mutually agreed-upon policies and protocols signed by both the certified nurse-midwife and a physician and surgeon.
(3)After a certified nurse-midwife refers a patient to a physician and surgeon, the certified nurse-midwife may continue care of the patient during a reasonable interval between the referral and the initial appointment with the physician and surgeon.
(c)(1)If a nurse-midwife does not have in place mutually agreed-upon policies and protocols that delineate the parameters for consultation, collaboration, referral, and transfer of a patients care, signed by both the certified nurse-midwife and a physician and surgeon pursuant to paragraph (1) of subdivision (b), the patient shall be transferred to the care of a physician and surgeon to do either or both of the following:
(A)Provide a patient with care that falls outside the scope of services specified in subdivision (a).
(B)Provide intrapartum care to a patient who has had a prior cesarean section or surgery that interrupts the myometrium.
(2)After the certified nurse-midwife initiates the process of transfer pursuant to paragraph (1), for a patient who otherwise meets the definition of a low-risk pregnancy but no longer meets the criteria specified in paragraph (3) of subdivision (a) because the gestational age of the fetus is greater than 42 weeks and zero days, if there is inadequate time to effect safe transfer to a hospital prior to delivery or transfer may pose a threat to the health and safety of the patient or the fetus, the certified nurse-midwife may continue care of the patient consistent with the transfer plan described in subdivision (a) of Section 2746.54.
(3)A patient who has been transferred from the care of a certified nurse-midwife to that of a physician and surgeon may return to the care of the certified nurse-midwife after the physician and surgeon has determined that the condition or circumstance that required, or would require, the transfer from the care of the nurse-midwife pursuant to paragraph (1) is resolved.
(d)The certificate to practice nurse-midwifery authorizes the holder to attend pregnancy and childbirth in an out-of-hospital setting if consistent with subdivisions (a), (b), and (c).
(e)This section shall not be interpreted to deny a patients right to self-determination or informed decisionmaking with regard to choice of provider or birth setting.
(f)The certificate to practice nurse-midwifery does not authorize the holder of the certificate to assist childbirth by vacuum or forceps extraction, or to perform any external cephalic version.
(g)A certified nurse-midwife shall document all consultations, referrals, and transfers in the patient record.
(h)(1)A certified nurse-midwife shall refer all emergencies to a physician and surgeon immediately.
(2)A certified nurse-midwife may provide emergency care until the assistance of a physician and surgeon is obtained.
(i)This chapter does not authorize a nurse-midwife to practice medicine or surgery.
(j)This section shall not be construed to require a physician and surgeon to sign protocols and procedures for a nurse-midwife or to permit any action that violates Section 2052 or 2400.
(k)This section shall not be construed to require a nurse-midwife to have mutually agreed-upon, signed policies and protocols for the provision of services described in subdivision (a).
SEC. 3.Title 1.81.49 (commencing with Section 1798.99.90) is added to Part 4 of Division 3 of the Civil Code, to read:1.81.49.Family Planning Center Location Data1798.99.90.(a)A person or business shall not track, collect, use, store, or sell geographic data that contains the personally identifying personal information of a person physically located in or in close proximity to a family planning center. center, unless it is necessary and proportionate to perform the services or provide the goods that the person seeking family planning center services has requested.
(b)For purposes of this section, family the following definitions apply:
(1)Collect means the same as defined in subdivision (f) of Section 1798.140.
(2)Family planning center means a business categorized as a family planning center by the North American Industry Classification System adopted by the United States Census Bureau, including, but not limited to, a clinic or center that provides reproductive health care services as defined in Section 1798.300 of the Civil Code.
(3)Personal information means the same as defined in subdivision (v) of Section 1798.140.
(4)Sell means the same as defined in subdivision (ad) of Section 1798.140.
(c)A person or businesss collection, use, or storing of personal information of a person physically located in or in close proximity to a family planning center shall be reasonably necessary and proportionate to achieve the purposes for which the personal information was collected or processed, or for another disclosed purpose that is compatible with the context in which the personal information was collected, and not further processed in a manner that is incompatible with those purposes.
(c)(d)An aggrieved person or entity, including a family planning center, may institute and prosecute a civil action against any person or business who violates this section for injunctive and monetary relief and attorneys fees within three years of discovery of the violation.
SEC. 4.Title 1.81.7 (commencing with Section 1798.300) is added to Part 4 of Division 3 of the Civil Code, to read:1.81.7.Reproductive and Gender-Affirming Health Care Services1798.300.As used in this title, the following definitions apply:
(a)Abusive litigation means litigation or other legal action to deter, prevent, sanction, or punish a person engaging in legally protected health care activity by either of the following:
(1)Filing or prosecuting an action in a state other than California where liability, in whole or part, directly or indirectly, is based on a legally protected health care activity that was legal in the state in which it occurred, including an action in which liability is based on a theory of vicarious, joint, or several liability.
(2)Attempting to enforce an order or judgment issued in connection with an action described in paragraph (1) by a party to that action or a person acting on behalf of a party to that action. An action shall be considered to be based on conduct that was legal in the state in which it occurred if a part of an act or omission involved in the course of conduct that forms the basis for liability in the action occurs or is initiated in a state in which the health care was legal, whether or not the act or omission is alleged or included in a pleading or other filing in the lawsuit.
(b)Aggrieved person, provider, or other entity includes, but is not limited to, a person who resides in California, a business or entity doing business in the state or located in the state, a person or entity that provided a legally protected health care activity in California, a person who received a legally protected health care activity from a provider licensed in California, a person or entity that is licensed in California to provide a legally protected health care activity, including a provider, clinic, or insurance company, or a person who assisted a person or entity that received or provided a legally protected health care activity in California.
(c)Gender-affirming health care services and gender-affirming mental health care services have the same meaning as defined in paragraph (3) of subdivision (b) of Section 16010.2 of the Welfare and Institutions Code.
(d)(1)Legally protected health care activity means any of the following:
(A)The exercise and enjoyment, or attempted exercise and enjoyment, by a person of rights to reproductive health care services, gender-affirming health care services, or gender-affirming mental health care services secured by the Constitution or laws of California or the provision of insurance coverage for such services.
(B)An act or omission undertaken to aid or encourage, or attempt to aid or encourage, a person in the exercise and enjoyment or attempted exercise and enjoyment of rights to reproductive health care services, gender-affirming health care services, or gender-affirming mental health care services secured by the Constitution or laws of California.
(C)The provision of reproductive health care services, gender-affirming health care services, or gender-affirming mental health care services by a person duly licensed under the laws of California and the provision of insurance coverage for the services, if the service is permitted under the laws of California, regardless of the patients location.
(2)Legally protected health care activity does not include a service rendered below the applicable professional standard of care or that would violate antidiscrimination laws of California.
(e)Reproductive health care services means and includes all services, care, or products of a medical, surgical, psychiatric, therapeutic, diagnostic, mental health, behavioral health, preventative, rehabilitative, supportive, consultative, referral, prescribing, or dispensing nature relating to the human reproductive system provided in accordance with the constitution and laws of this state, whether provided in person or by means of telehealth services which includes, but is not limited to, all services, care, and products relating to pregnancy, assisted reproduction, contraception, miscarriage management, the termination of a pregnancy, or self-managed terminations.
1798.301.Reproductive health care services, gender-affirming health care services, and gender-affirming mental health care services are rights secured by the Constitution and laws of California. Interference with these rights, whether or not under the color of law, is against the public policy of California.
1798.302.A public act or record of a foreign jurisdiction that prohibits, criminalizes, sanctions, authorizes a person to bring a civil action against, or otherwise interferes with a person, provider, or other entity in California that seeks, receives, causes, aids in access to, aids, abets, provides, or attempts or intends to seek, receive, cause, aid in access to, aid, abet, or provide, reproductive health care services, gender-affirming health care services, or gender-affirming mental health care services shall be an interference with the exercise and enjoyment of the rights secured by the Constitution and laws of California and shall be a violation of the public policy of California.
1798.303.If a person, whether or not acting under color of law, engages or attempts to engage in abusive litigation that infringes on or interferes with, or attempts to infringe on or interfere with, a legally protected health care activity, then an aggrieved person, provider, carrier, or other entity, including a defendant in the abusive litigation, may institute a civil action for injunctive, monetary, or other appropriate relief within three years after the cause of action accrues.
1798.304.An aggrieved person, provider, or other entity, including a defendant in abusive litigation, may move to modify or quash a subpoena issued in connection with abusive litigation on the grounds that the subpoena is unreasonable, oppressive, or inconsistent with the public policy of California.
1798.305.If the court finds for the petitioner in an action authorized by Section 1798.303, recovery shall be in the amount of three times the amount of actual damages, which shall include damages for the amount of a judgment issued in connection with an abusive litigation, and any other expenses, costs, or reasonable attorneys fees incurred in connection with the abusive litigation.
1798.306.(a)A court may exercise jurisdiction over a person in an action authorized by Section 1798.303 if any of the following apply:
(1)Personal jurisdiction is found under Section 410.10 of the Code of Civil Procedure.
(2)The person has commenced an action in a court in California and, during the pendency of that action or an appeal therefrom, a summons and complaint is served on the person or the attorney appearing on the persons behalf in that action or as otherwise permitted by law.
(3)The exercise of jurisdiction is permitted under the Constitution of the United States.
(b)This section does not apply to a lawsuit or judgment entered in another state that is based on conduct for which a cause of action exists under the laws of California, including a contract, tort, common law, or statutory claims.
1798.307.Notwithstanding any other law, the laws of California shall govern in a case or controversy heard in California related to reproductive health care services, gender-affirming health care services, or gender-affirming mental health care services, except as may be required by federal law.
1798.308.This title shall not be construed to provide jurisdiction over a California resident in an out-of-state forum when the California resident has not availed themselves of that forum.
SEC. 5.Section 762.020 of the Code of Civil Procedure is amended to read:762.020.(a)If the name of a person required to be named as a defendant is not known to the plaintiff, the plaintiff shall so state in the complaint and shall name as parties all persons unknown in the manner provided in Section 762.060.
(b)If the claim or the share or quantity of the claim of a person required to be named as a defendant is unknown, uncertain, or contingent, the plaintiff shall so state in the complaint. If the lack of knowledge, uncertainty, or contingency is caused by a transfer to an unborn or unascertained beneficiary or class member, or by a transfer in the form of a contingent remainder, vested remainder subject to defeasance, executory interest, or similar disposition, the plaintiff shall also state in the complaint, so far as is known to the plaintiff, the name, age, and legal disability (if any) of the person in being who would be entitled to the claim had the contingency upon which the claim depends occurred prior to the commencement of the action.
SEC. 6.Section 872.520 of the Code of Civil Procedure is amended to read:872.520.(a)If the name of a person described in Section 872.510 is not known to the plaintiff, the plaintiff shall so state in the complaint and shall name as parties all persons unknown in the manner provided in Section 872.550.
(b)If the ownership or the share or quantity of the interest of a person described in Section 872.510 is unknown, uncertain, or contingent, the plaintiff shall so state in the complaint. If the lack of knowledge, uncertainty, or contingency is caused by a transfer to an unborn or unascertained beneficiary or class member, or by a transfer in the form of a contingent remainder, vested remainder subject to defeasance, executory interest, or similar disposition, the plaintiff shall also state in the complaint, so far as is known to the plaintiff, the name, age, and legal disability (if any) of the person in being who would be entitled to ownership of the interest had the contingency upon which the right of such person depends occurred prior to the commencement of the action.
(c)The court shall upon its own motion or upon motion of any party make such orders for joinder of additional parties and for appointment of guardians ad litem pursuant to Sections 372, 373, and 373.5 as are necessary or proper.
SEC. 7.Section 1710.50 of the Code of Civil Procedure is amended to read:1710.50.(a)The court shall grant a stay of enforcement where:
(1)An appeal from the sister state judgment is pending or may be taken in the state which originally rendered the judgment. Under this paragraph, enforcement shall be stayed until the proceedings on appeal have been concluded or the time for appeal has expired.
(2)A stay of enforcement of the sister state judgment has been granted in the sister state. Under this paragraph, enforcement shall be stayed until the sister state stay of enforcement expires or is vacated.
(3)The judgment debtor has made a motion to vacate pursuant to Section 1710.40. Under this paragraph, enforcement shall be stayed until the judgment debtors motion to vacate is determined.
(4)A money judgment or lien on real property was obtained against a person or entity for exercising a right guaranteed under the United States Constitution as interpreted by the United States Supreme Court precedent at the time the right was exercised, or a right guaranteed under the California Constitution, or against a person or entity for aiding and abetting the exercise of said rights. The stay of enforcement shall remain in place until such time as the statute of limitations in Section 1798.303 of the Civil Code has elapsed or an action prosecuted under Section 1798.303 has concluded, whichever is later.
(5)Any other circumstance exists where the interests of justice require a stay of enforcement.
(b)The court may grant a stay of enforcement under this section on its own motion, on ex parte motion, or on noticed motion.
(c)The court shall grant a stay of enforcement under this section on such terms and conditions as are just including but not limited to the following:
(1)The court may require an undertaking in an amount it determines to be just, but the amount of the undertaking shall not exceed double the amount of the judgment creditors claim.
(2)If a writ of execution has been issued, the court may order that it remain in effect.
(3)If property of the judgment debtor has been levied upon under a writ of execution, the court may order the levying officer to retain possession of the property capable of physical possession and to maintain the levy on other property.
SEC. 8.Section 22171 of the Education Code is amended to read:22171.(a)Spouse means a person who was continuously married to the member for the period beginning at least 12 months prior to the death of the member, unless a child is born to the member and the members spouse within the 12-month period or unless the spouse is carrying a fetus, conceived with the member.
(b)Spouse also means a person who was married to the member for less than 12 months, if the members death was either accidental, or due to an illness, and the marriage took place prior to the occurrence of the injury or diagnosis of the illness that resulted in death.
(1)A members death is defined as accidental only if the member received bodily injuries through violent, external, or accidental means and died as a direct result of the bodily injuries and independent of all other causes.
(2)This subdivision does not apply if, at the time of the marriage, the member could not have reasonably been expected to live for 12 months.
(c)Except as excluded by Sections 22661 and 23812, a person who is the registered domestic partner of a member, as established pursuant to Section 297 or 299.2 of the Family Code, shall be treated in the same manner as a spouse.
SEC. 9.Section 1317.1 of the Health and Safety Code is amended to read:1317.1.Unless the context otherwise requires, the following definitions shall control the construction of this article and Section 1371.4:
(a)(1)Emergency services and care means medical screening, examination, and evaluation by a physician and surgeon, or, to the extent permitted by applicable law, by other appropriate licensed persons under the supervision of a physician and surgeon, to determine if an emergency medical condition or active labor exists and, if it does, the care, treatment, and surgery, if within the scope of that persons license, necessary to relieve or eliminate the emergency medical condition, within the capability of the facility.
(2)(A)Emergency services and care also means an additional screening, examination, and evaluation by a physician, or other personnel to the extent permitted by applicable law and within the scope of their licensure and clinical privileges, to determine if a psychiatric emergency medical condition exists, and the care and treatment necessary to relieve or eliminate the psychiatric emergency medical condition, within the capability of the facility.
(B)The care and treatment necessary to relieve or eliminate a psychiatric emergency medical condition may include admission or transfer to a psychiatric unit within a general acute care hospital, as defined in subdivision (a) of Section 1250, or to an acute psychiatric hospital, as defined in subdivision (b) of Section 1250, pursuant to subdivision (k). Nothing in this subparagraph shall be construed to permit a transfer that is in conflict with the Lanterman-Petris-Short Act (Part 1 (commencing with Section 5000) of Division 5 of the Welfare and Institutions Code).
(C)For the purposes of Section 1371.4, emergency services and care as defined in subparagraph (A) shall not apply to Medi-Cal managed care plan contracts entered into with the State Department of Health Care Services pursuant to Chapter 7 (commencing with Section 14000), Chapter 8 (commencing with Section 14200), and Chapter 8.75 (commencing with Section 14590) of Part 3 of Division 9 of the Welfare and Institutions Code, to the extent that those services are excluded from coverage under those contracts.
(D)This paragraph does not expand, restrict, or otherwise affect the scope of licensure or clinical privileges for clinical psychologists or other medical personnel.
(b)Emergency medical condition means a medical condition manifesting itself by acute symptoms of sufficient severity (including severe pain) such that the absence of immediate medical attention could reasonably be expected to result in any of the following:
(1)Placing the patients health in serious jeopardy.
(2)Serious impairment to bodily functions.
(3)Serious dysfunction of any bodily organ or part.
(c)Active labor means a labor at a time at which either of the following would occur:
(1)There is inadequate time to effect safe transfer to another hospital prior to delivery.
(2)A transfer may pose a threat to the health and safety of the patient or the fetus.
(d)Hospital means all hospitals with an emergency department licensed by the state department.
(e)State department means the State Department of Public Health.
(f)Medical hazard means a material deterioration in medical condition in, or jeopardy to, a patients medical condition or expected chances for recovery.
(g)Board means the Medical Board of California.
(h)Within the capability of the facility means those capabilities that the hospital is required to have as a condition of its emergency medical services permit and services specified on Services Inventory Form 7041 filed by the hospital with the Department of Health Care Access and Information.
(i)Consultation means the rendering of an opinion or advice, prescribing treatment, or the rendering of a decision regarding hospitalization or transfer by telephone or other means of communication. When determined to be medically necessary, jointly by the treating physician and surgeon, or by other appropriate licensed persons acting within their scope of licensure, under the supervision of a physician and surgeon, and the consulting physician and surgeon, consultation includes review of the patients medical record, examination, and treatment of the patient in person by a consulting physician and surgeon, or by other appropriate licensed persons acting within their scope of licensure under the supervision of a consulting physician and surgeon, who is qualified to give an opinion or render the necessary treatment in order to stabilize the patient. A request for consultation shall be made by the treating physician and surgeon, or by other appropriate licensed persons acting within their scope of licensure under the supervision of a treating physician and surgeon, provided the request is made with the contemporaneous approval of the treating physician and surgeon. The treating physician and surgeon may request to communicate directly with the consulting physician and surgeon, and when determined to be medically necessary, jointly by the treating physician and surgeon and the consulting physician and surgeon, the consulting physician and surgeon shall examine and treat the patient in person. The consulting physician and surgeon is ultimately responsible for providing the necessary consultation to the patient, regardless of who makes the in-person appearance.
(j)A patient is stabilized or stabilization has occurred when, in the opinion of the treating physician and surgeon, or other appropriate licensed persons acting within their scope of licensure under the supervision of a treating physician and surgeon, the patients medical condition is such that, within reasonable medical probability, no material deterioration of the patients condition is likely to result from, or occur during, the release or transfer of the patient as provided for in Section 1317.2, Section 1317.2a, or other pertinent statute.
(k)(1)Psychiatric emergency medical condition means a mental disorder that manifests itself by acute symptoms of sufficient severity that it renders the patient as being either of the following:
(A)An immediate danger to themselves or to others.
(B)Immediately unable to provide for, or utilize, food, shelter, or clothing, due to the mental disorder.
(2)This subdivision does not expand, restrict, or otherwise affect the scope of licensure or clinical privileges for clinical psychologists or medical personnel.
(l)This section shall not be construed to expand the scope of licensure for licensed persons providing services pursuant to this section.
SEC. 10.Section 123468.5 is added to the Health and Safety Code, to read:123468.5.(a)(1)California law governs in any action, action in this state, whether civil, administrative, or criminal, against any person who provides, receives, aids or abets in providing or receiving, or attempts to provide or receive, by any means, including telehealth, the health care services described in paragraph (2) if the care was legal in the state in which it was provided at the time of the challenged conduct. provider was located in this state or any other state where the care was legal at the time of the challenged conduct.
(2)Reproductive health care services and gender-affirming health care services, including gender-affirming mental health care services, are subject to paragraph (1).
(b)Reproductive health has the same meaning as set forth in Section 1798.300 of the Health and Safety Code.
(c)Gender-affirming health care services and gender-affirming mental health care services have the same meaning as defined in paragraph (3) of subdivision (b) of Section 16010.2 of the Welfare and Institutions Code.
SEC. 11.Section 187 of the Penal Code is amended to read:187.(a)Murder is the unlawful killing of a human being, or a fetus, with malice aforethought.
(b)This section shall not apply to any person who commits an act that results in the death of a fetus if any of the following apply:
(1)The act complied with the former Therapeutic Abortion Act (Article 2 (commencing with Section 123400) of Chapter 2 of Part 2 of Division 106 of the Health and Safety Code) or the Reproductive Privacy Act (Article 2.5 (commencing with Section 123460) of Chapter 2 of Part 2 of Division 106 of the Health and Safety Code).
(2)The act was committed by a holder of a physicians and surgeons certificate, as defined in the Business and Professions Code, in a case where, to a medical certainty, the result of childbirth would be death of the mother of the fetus or where the mothers death from childbirth, although not medically certain, would be substantially certain or more likely than not.
(3)The act was committed, solicited, aided, abetted, or consented to by the mother of the fetus.(3)It was an act or omission by the person pregnant with the fetus or was solicited, aided, abetted, or consented to by the person pregnant with the fetus.
(c)Subdivision (b) shall not be construed to prohibit the prosecution of any person under any other provision of law.
SEC. 12.Section 847.5 of the Penal Code is amended to read:847.5.If (a)Except as provided in subdivision (b), if a person has been admitted to bail in another state, escapes bail, and is present in this State, state, the bail bondsman or other person who is bail for such fugitive, may file with a magistrate in the county where the fugitive is present an affidavit stating the name and whereabouts of the fugitive, the offense with which the alleged fugitive was charged or of which he was they were convicted, the time and place of same, and the particulars in which the fugitive has violated the terms of his their bail, and may request the issuance of a warrant for arrest of the fugitive, and the issuance, after hearing, of an order authorizing the affiant to return the fugitive to the jurisdiction from which he they escaped bail. The magistrate may require such additional evidence under oath as he deems they deem necessary to decide the issue. If he the magistrate concludes that there is probable cause for believing that the person alleged to be a fugitive is such, he the magistrate may issue a warrant for his the persons arrest. The magistrate shall notify the district attorney of such the action and shall direct him the district attorney to investigate the case and determine the facts of the matter. When the fugitive is brought before him the magistrate pursuant to the warrant, the magistrate shall set a time and place for hearing, and shall advise the fugitive of his their right to counsel and to produce evidence at the hearing. He The magistrate may admit the fugitive to bail pending the hearing. The district attorney shall appear at the hearing. If, after hearing, the magistrate is satisfied from the evidence that the person is a fugitive he fugitive, the magistrate may issue an order authorizing affiant to return the fugitive to the jurisdiction from which he they escaped bail.
(b)A magistrate shall not issue a warrant for the arrest of an individual whose alleged offense or conviction is for the violation of the laws of another state that authorize a criminal penalty to an individual performing, receiving, supporting, or aiding in the performance or receipt of an abortion, contraception, reproductive care, or gender-affirming care if the abortion, contraception, reproductive care, or gender-affirming care is lawful under the laws of this state, regardless of the recipients location.
(c)A bondsman or person authorized, pursuant to subdivision (a) of Section 1299.02, to apprehend, detain, or arrest a fugitive admitted to bail in another state who takes into custody a fugitive admitted to bail in another state whose alleged offense or conviction is for the violation of the laws of another state that authorize a criminal penalty to an individual performing, receiving, supporting, or aiding in the performance or receipt of an abortion, contraception, reproductive care, or gender-affirming care if the abortion, contraception, reproductive care, or gender-affirming care is lawful under the laws of this state, regardless of the recipients location, without a magistrates order, is ineligible for a license issued pursuant to Chapter 11.3 (commencing with Section 7512) of Division 3 of the Business and Professions Code or Section 1800 of the Insurance Code, and shall forfeit any license already obtained pursuant to those laws.
(d)A person who is taken into custody by a bail agent in violation of subdivision (b) may institute and prosecute a civil action for injunctive, monetary, or other appropriate relief against the bondsman and bond company within three years after the cause of action accrues.
A
(e)A bondsman or other person who is bail for a fugitive admitted to bail in another state who takes the fugitive into custody, except pursuant to an order issued under this section, is guilty of a misdemeanor.
SEC. 13.Section 1299.02 of the Penal Code, as added by Section 21 of Chapter 768 of the Statutes of 2022, is amended to read:1299.02.(a)No person, other than a certified law enforcement officer, shall be authorized to apprehend, detain, or arrest a bail fugitive unless that person meets one of the following conditions:
(1)Is a bail as defined in paragraph (2) of subdivision (a) of Section 1299.01 who is also a bail fugitive recovery agent as defined in paragraph (4) of subdivision (a) of Section 1299.01.
(2)Is a bail fugitive recovery agent as defined in paragraph (4) of subdivision (a) of Section 1299.01.
(3)Is a licensed private investigator as provided in Chapter 11.3 (commencing with Section 7512) of Division 3 of the Business and Professions Code who is also a bail fugitive recovery agent as defined in paragraph (4) of subdivision (a) of Section 1299.01.
(b)This article shall not prohibit an arrest pursuant to Sections 837, 838, and 839, provided that no consideration is paid or allowed, directly or indirectly, to any person effecting an arrest pursuant to Sections 837, 838, and 839.
(c)Individuals who hold a bail license, bail fugitive recovery license, bail enforcer license, bail runner license, or private investigator license issued by another state shall not apprehend, detain, or arrest bail fugitives in California, unless that individual obtains a bail fugitive recovery agent license issued in this state and complies with California law.
(d)A person authorized, pursuant to subdivision (a), to apprehend, detain, or arrest a bail fugitive shall not apprehend, detain, or arrest a bail fugitive admitted to bail in another state whose alleged offense or conviction was for the violation of the laws of another state that authorize a criminal penalty to an individual performing, receiving, supporting, or aiding in the performance or receipt of an abortion, contraception, reproductive care, or gender-affirming care if the abortion, contraception, reproductive care, or gender-affirming care is lawful under the laws of this state, regardless of the recipients location. A person who violates this subdivision is guilty of a misdemeanor punishable by a fine of five thousand dollars ($5,000) or by imprisonment in a county jail not to exceed one year, or by both that imprisonment and fine, is ineligible for a license issued pursuant to Chapter 11.3 (commencing with Section 7512) of Division 3 of the Business and Professions Code or Section 1800 of the Insurance Code, and shall forfeit any license already obtained pursuant to those laws. A person who is taken into custody by a bail agent in violation of this subdivision may institute and prosecute a civil action for injunctive, monetary, or other appropriate relief against the bail fugitive recovery agent within three years after the cause of action accrues.
(d)(e)This section shall become operative on July 1, 2023.
SEC. 14.Section 1334.2 of the Penal Code is amended to read:1334.2.If (a)Except as provided in subdivision (f), if a judge of a court of record in any state, which by its laws provides for commanding persons within that state to attend and testify in this state, issues a certificate under the seal of the court that there is a criminal prosecution pending in the court, or that there is a grand jury investigation, that a person within this state is a material witness in that prosecution or grand jury investigation, and that his or her their presence will be required for a specified number of days, then, upon presentation of the certificate to a judge of a court of record in the county in which the person is, a time and place for a hearing shall be fixed by the judge and he or she the judge shall make an order directing the witness to appear at the hearing.
If,
(b)If, at the hearing, the judge determines that the witness is material and necessary, that it will not cause undue hardship to the witness to be compelled to attend and testify in the prosecution or grand jury investigation in the other state, and that the laws of the state in which the prosecution is pending or in which there is a grand jury investigation will give to the witness protection from arrest and service of civil and criminal process and will furnish in advance to the witness the sum of ten cents ($0.10) for each mile necessarily traveled if the witness elects surface travel or the minimum round trip scheduled airline fare plus twenty cents ($0.20) a mile for necessary surface travel at either end of the flight if the witness elects air travel, and, except as provided in subdivision (b) of Section 1334.3, a per diem of twenty dollars ($20) for each day that he or she is they are required to travel and attend as a witness and that the judge of the court in which the witness is ordered to appear will order the payment of witness fees authorized by law for each day the witness is required to attend the court plus reimbursement for any additional expenses of the witness which the judge of the court in which the witness is ordered to appear shall find reasonable and necessary, he or she the judge shall issue a subpoena, with a copy of the certificate attached, directing the witness to attend and testify in the court where the prosecution is pending, or where the grand jury investigation is, at a time and place specified in the subpoena. In any of these hearings the certificate shall be prima facie evidence of all the facts stated therein.
If
(c)If the certificate recommends that the witness be taken into immediate custody and delivered to an officer of the requesting state to assure his or her the witness attendance therein, the judge may, in lieu of notification of the hearing, direct that the witness be forthwith brought before him or her the judge for the hearing.
If
(d)If the judge at the hearing is satisfied of the desirability of the custody and delivery, for which determination the certificate shall be prima facie proof of this desirability, he or she the judge may, in lieu of issuing a subpoena, order that the witness be forthwith taken into custody and delivered to an officer of the requesting state.
If
(e)If the witness, who is subpoenaed as provided in this section, after being paid or tendered by some properly authorized person the sum or fare, and per diem set forth in this section, fails without good cause to attend and testify as directed in the subpoena, he or she the witness shall be punished in the manner provided for the punishment of any witness who disobeys a subpoena issued from a court of record in this state.
(f)A judge shall not issue an order directing a witness to appear pursuant to this section if the criminal prosecution is based on the laws of another state that authorize a criminal penalty to an individual performing, receiving, supporting, or aiding in the performance or receipt of an abortion, contraception, reproductive care, or gender-affirming care if the abortion, contraception, reproductive care, or gender-affirming care is lawful under the laws of this state.
SEC. 12.SEC. 15.Section 1549.15 is added to the Penal Code, to read:1549.15.(a)For purposes of this section, the following terms have the following meanings:
(1)Gender-affirming health care and gender-affirming mental health care have the same meaning as in paragraph (3) of subdivision (b) of Section 16010.2 of the Welfare and Institutions Code.
(2)Legally protected health care activity means and includes both of the following acts and omissions by providers and facilitators of reproductive health care services and gender-affirming health care and gender-affirming mental health care to the extent they are not in violation of the constitution or the laws of this state:
(A)Any act or omission undertaken to aid or encourage, or attempt to aid or encourage, a person in the exercise or attempted exercise of laws of this state, or to provide insurance coverage for such services or care.
(B)The provision of such reproductive health care services or gender-affirming health care or gender-affirming mental health care by a person duly licensed under the laws of this state and the provision of insurance coverage for such services or care is permitted under the laws of this state, regardless of the patients location.
(3)Reproductive health care services means and includes all services, care, or products of a medical, surgical, psychiatric, therapeutic, diagnostic, mental health, behavioral health, preventative, rehabilitative, supportive, consultative, referral, prescribing, or dispensing nature relating to the human reproductive system provided in accordance with the constitution and laws of this state, whether provided in person or by means of telehealth services which includes, but is not limited to, all services, care, and products relating to pregnancy, assisted reproduction, contraception, miscarriage management, the termination of a pregnancy, or self-managed terminations.
(b)Notwithstanding Section 1549.1 or any other law, and except as required by federal law, a demand for the extradition of a person charged with any legally protected health care activity shall not be recognized by the Governor unless in accordance with Section 1548.2.
SEC. 13.SEC. 16.Section 13778.3 is added to the Penal Code, to read:13778.3.(a)For purposes of this section, the following terms shall have the following meaning:
(1)Gender-affirming health care and gender-affirming mental health care have the same meaning as in paragraph (3) of subdivision (b) of Section 16010.2 of the Welfare and Institutions Code.
(2)Legally protected health care activity shall have the same meaning as in Section 1549.15.
(3)Reproductive health care services shall have the same meaning as in Section 1549.15.
(b)A state or local government employee, person or entity contracted by a state or local government, or person or entity acting on behalf of a local or state government shall not cooperate with or provide information to any individual individual, including a bondsman or person authorized, pursuant to subdivision (a) of Section 1299.02, to apprehend, detain, or arrest a fugitive admitted to bail in another state, or out-of-state agency or department regarding any legally protected health care activity or otherwise expend or use time, moneys, facilities, property, equipment, personnel, or other resources in furtherance of any investigation or proceeding that seeks to impose civil or criminal liability or professional sanctions upon a person or entity for any legally protected health care activity that occurred in this state or that would be legal if it occurred in this state.
(c)This section does not prohibit compliance with a valid, court-issued subpoena or warrant which does not relate to a law seeking to impose civil or criminal liability or professional sanctions for a legally protected health care activity, or in response to the written request of a person who is the subject of such an investigation or proceeding, to the extent necessary, in each case, to fulfill such request.
(d)Any out-of-state subpoena or warrant shall include an affidavit or declaration under penalty of perjury that the discovery is not in connection with an out-of-state proceeding relating to any legally protected health care activity unless the out-of-state proceeding meets all of the following requirements:
(1)Is based in tort, contract, or on statute.
(2)Is actionable, in an equivalent or similar manner, under the laws of this state.
(3)Was brought by the patient who received legally protected health care activity or the patients legal representative.
SEC. 14.SEC. 17.Section 1003 of the Probate Code is amended to read:1003.(a)The court may, on its own motion or on request of a personal representative, guardian, conservator, trustee, or other interested person, appoint a guardian ad litem at any stage of a proceeding under this code to represent the interest of any of the following persons, if the court determines that representation of the interest otherwise would be inadequate:
(1)A minor.
(2)A person who lacks legal capacity to make decisions.
(3)An unborn beneficiary.
(4)An unascertained person.
(5)A person whose identity or address is unknown.
(6)A designated class of persons who are not ascertained or are not in being.
(b)If not precluded by a conflict of interest, a guardian ad litem may be appointed to represent several persons or interests.
(c)The reasonable expenses of the guardian ad litem, including compensation and attorneys fees, shall be determined by the court and paid as the court orders, either out of the property of the estate involved or by the petitioner or from any other source as the court orders.
(d)Before a court appoints a guardian ad litem pursuant to this chapter, a proposed guardian ad litem shall disclose both of the following to the court and all parties to the action or proceeding:
(1)Any known actual or potential conflicts of interest that would or might arise from the appointment.
(2)Any familial or affiliate relationship the proposed guardian ad litem has with any of the parties.
(e)If a guardian ad litem becomes aware that a potential conflict of interest has become an actual conflict of interest or that a new potential or actual conflict of interest exists, the guardian ad litem shall promptly disclose the conflict of interest to the court.
SEC. 15.SEC. 18.Section 10954 of the Probate Code is amended to read:10954.(a)Notwithstanding any other provision of this part, the personal representative is not required to file an account if any of the following conditions is satisfied as to each person entitled to distribution from the estate:
(1)The person has executed and filed a written waiver of account or a written acknowledgment that the persons interest has been satisfied.
(2)Adequate provision has been made for satisfaction in full of the persons interest. This paragraph does not apply to a residuary devisee or a devisee whose interest in the estate is subject to abatement, payment of expenses, or accrual of interest or income.
(b)A waiver or acknowledgment under subdivision (a) shall be executed as follows:
(1)If the person entitled to distribution is an adult and competent, by that person.
(2)If the person entitled to distribution is a minor, by a person authorized to receive money or property belonging to the minor. If the waiver or acknowledgment is executed by a guardian of the estate of the minor, the waiver or acknowledgment may be executed without the need to obtain approval of the court in which the guardianship proceeding is pending.
(3)If the person entitled to distribution is a conservatee, by the conservator of the estate of the conservatee. The waiver or acknowledgment may be executed without the need to obtain approval of the court in which the conservatorship proceeding is pending.
(4)If the person entitled to distribution is a trust, by the trustee, but only if the named trustees written acceptance of the trust is filed with the court. In the case of a trust that is subject to the continuing jurisdiction of the court pursuant to Chapter 4 (commencing with Section 17300) of Part 5 of Division 9, the waiver or acknowledgment may be executed without the need to obtain approval of the court.
(5)If the person entitled to distribution is an estate, by the personal representative of the estate. The waiver or acknowledgment may be executed without the need to obtain approval of the court in which the estate is being administered.
(6)If the person entitled to distribution is incapacitated, is an unborn beneficiary, is unascertained, or is a person whose identity or address is unknown, or is a designated class of persons who are not ascertained or are not in being, and there is a guardian ad litem appointed to represent the person entitled to distribution, by the guardian ad litem.
(7)If the person entitled to distribution has designated an attorney in fact who has the power under the power of attorney to execute the waiver or acknowledgment, by either of the following:
(A)The person entitled to distribution if an adult and competent.
(B)The attorney in fact.
(c)Notwithstanding subdivision (a):
(1)The personal representative shall file a final report of administration at the time the final account would otherwise have been required. The final report shall include the amount of compensation paid or payable to the personal representative and to the attorney for the personal representative and shall set forth the basis for determining the amounts.
(2)A creditor whose interest has not been satisfied may petition under Section 10950 for an account.
SEC. 16.SEC. 19.Section 15405 of the Probate Code is amended to read:15405.For the purposes of Sections 15403 and 15404, the consent of a beneficiary who lacks legal capacity, including a minor, or who is an unascertained or unborn beneficiary may be given in proceedings before the court by a guardian ad litem, if it would be appropriate to do so. In determining whether to give consent, the guardian ad litem may rely on general family benefit accruing to living members of the beneficiarys family as a basis for approving a modification or termination of the trust.
SEC. 17.SEC. 20.Section 19507 of the Probate Code is amended to read:19507.(a)In this section, a notice period begins on the day notice is given under subdivision (c) and ends 59 days after the day notice is given.
(b)An authorized fiduciary may exercise the decanting power without the consent of any person and without court approval in compliance with this part.
(c)Except as otherwise provided in subdivision (h), an authorized fiduciary shall give notice of the intended exercise of the decanting power not later than 60 days before the exercise to all of the following:
(1)Each settlor of the first trust, if living or then in existence.
(2)Each qualified beneficiary of the first trust.
(3)Each holder of a presently exercisable power of appointment over any part or all of the first trust.
(4)Each person that currently has the right to remove or replace the authorized fiduciary.
(5)Each other fiduciary of the first trust.
(6)Each fiduciary of the second trust.
(7)The Attorney General, if subdivision (b) of Section 19514 applies.
(d)Unless the trust instrument provides otherwise, an authorized fiduciary shall give notice under subdivision (c) to the guardian ad litem for a qualified beneficiary who is a minor and has no representative or who is an unascertained or unborn beneficiary. If a guardian ad litem has not been appointed at the time of the notice, the authorized fiduciary shall seek the appointment of one. The court may appoint a guardian ad litem, for purposes of this section, in instances where the only matter before the court is that appointment.
(e)If an authorized fiduciary knows, or has reason to know, that a person entitled to notice under subdivision (c) is substantially unable to manage that persons own financial resources or resist fraud or undue influence, the authorized fiduciary shall give notice under subdivision (c) to that person and to the individual appointed to act on that persons behalf, including, but not limited to, an attorney-in-fact under a power of attorney. If no such individual has been appointed at the time of the notice, the authorized fiduciary shall seek the appointment of such an individual. The court may appoint a guardian ad litem, for purposes of this section, in instances where the only matter before the court is that appointment.
(f)An authorized fiduciary is not required to give notice under subdivision (c) to a person who is known to the fiduciary but cannot be located by the fiduciary after reasonable diligence.
(g)A notice under subdivision (c) shall include all of the following:
(1)A description of the manner in which the authorized fiduciary intends to exercise the decanting power, which shall include a statement as to the authorized fiduciarys reason for the proposed decanting and an explanation as to the differences between the first trust and the second trust or trusts.
(2)The proposed effective date for exercise of the power.
(3)A copy of the first trust instrument.
(4)A copy of all second trust instruments.
(5)A warning, set out in a separate paragraph in not less than 10-point bold type, or a reasonable equivalent thereof, that states the following:
If you do not bring a court action to contest the proposed trust decanting (the proposed changes to the trust) within 59 days of this notice, you will lose your right to contest the decanting.
(h)The decanting power may be exercised before expiration of the notice period under subdivision (a) if all persons entitled to receive notice waive the period in a signed waiver.
(i)The receipt of notice, waiver of the notice period, or expiration of the notice period does not affect the right of a person to file an application under Section 19509 that asserts either of the following:
(1)An attempted exercise of the decanting power is ineffective because it did not comply with this part or was an abuse of discretion or breach of fiduciary duty.
(2)Section 19522 applies to the exercise of the decanting power.
(j)The notice required by this section shall be served by mail to the last known address, pursuant to Section 1215, or by personal delivery.
SEC. 21.Section 11486.5 of the Welfare and Institutions Code is amended to read:11486.5.(a)An individual shall not be eligible for aid under this chapter if he or she the individual is either:
(1)Fleeing to avoid prosecution, or custody and confinement after conviction, under the laws of the place from which the individual is fleeing, for a crime or an attempt to commit a crime that is a felony under the laws of the place from which the individual is fleeing, or which, in the case of the State of New Jersey, is a high misdemeanor under the laws of that state. For the purposes of this section, an individual shall be determined to be fleeing to avoid prosecution, or custody and confinement after conviction, if a federal, state, or local law enforcement officer, acting in an official capacity, presents an outstanding felony arrest warrant containing one or more of the following National Crime Information Center Offense Classification Codes:
(A)Escape (4901).
(B)Flight to Avoid (4902).
(C)Flight-Escape (4999).
(2)Violating a condition of probation or parole imposed under federal law or the law of any state.
(b)Subdivision (a) shall not apply with respect to conduct of an individual for any month beginning after the President of the United States grants a pardon with respect to the conduct.
SEC. 18.SEC. 22.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.
SEC. 19.SEC. 23.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
SEC. 20.SEC. 24.The Legislature finds and declares that the titles added to the Civil Code by this act further the purpose and intent of the California Privacy Rights Act of 2020, enacted by Proposition 24 at the November 3, 2020, statewide election, within the meaning of Section 25 of Proposition 24.
(a)Notwithstanding any other law, a board shall not suspend or revoke the license of a person regulated under this division solely because that person provided a legally protected health care activity, as defined in Section 1798.300 of the Civil Code.
(b)Notwithstanding any other law, a board shall not deny an application for licensure under this division or suspend, revoke, or otherwise impose discipline upon a person licensed pursuant to this division because the person was disciplined for or convicted of an offense in another state in which they were licensed if the suspension, revocation, or other discipline was for providing a legally protected health care activity, as defined in Section 1798.300 of the Civil Code.
(c)The performance, recommendation, or provision of any legally protected health care activity, as defined in Section 1798.300 of the Civil Code, by a health care practitioner acting within their scope of practice, for a patient who resides in a state in which the performance, recommendation, or provision of that legally protected health care activity is illegal, shall not, by itself, constitute professional misconduct under this division or any regulation governing the licensure, certification, or authorization of such practitioner, nor shall any license, certification, or authorization of a health care practitioner be revoked, suspended, or annulled or otherwise subject to any other penalty or discipline provided in this division solely on the basis that the health care practitioner performed, recommended, or provided any legally protected health care activity for a patient who resides in a state in which the performance, recommendation, or provision of that legally protected health service is illegal.
SEC. 2.Section 2746.5 of the Business and Professions Code is amended to read:2746.5.(a)The certificate to practice nurse-midwifery authorizes the holder to attend cases of low-risk pregnancy and childbirth and to provide prenatal, intrapartum, and postpartum care, including interconception care, family planning care, and immediate care for the newborn, consistent with the Core Competencies for Basic Midwifery Practice adopted by the American College of Nurse-Midwives, or its successor national professional organization, as approved by the board. For purposes of this subdivision, low-risk pregnancy means a pregnancy in which all of the following conditions are met:
(1)There is a single fetus.
(2)There is a cephalic presentation at onset of labor.
(3)The gestational age of the fetus is greater than or equal to 37 weeks and zero days and less than or equal to 42 weeks and zero days at the time of delivery.
(4)Labor is spontaneous or induced.
(5)The patient has no preexisting disease or condition, whether arising out of the pregnancy or otherwise, that adversely affects the pregnancy and that the certified nurse-midwife is not qualified to independently address consistent with this section.
(b)(1)The certificate to practice nurse-midwifery authorizes the holder to practice with a physician and surgeon under mutually agreed-upon policies and protocols that delineate the parameters for consultation, collaboration, referral, and transfer of a patients care, signed by both the certified nurse-midwife and a physician and surgeon to do either of the following:
(A)Provide a patient with care that falls outside the scope of services specified in subdivision (a).
(B)Provide intrapartum care to a patient who has had a prior cesarean section or surgery that interrupts the myometrium.
(2)If a physician and surgeon assumes care of the patient, the certified nurse-midwife may continue to attend the birth of the newborn and participate in physical care, counseling, guidance, teaching, and support, as indicated by the mutually agreed-upon policies and protocols signed by both the certified nurse-midwife and a physician and surgeon.
(3)After a certified nurse-midwife refers a patient to a physician and surgeon, the certified nurse-midwife may continue care of the patient during a reasonable interval between the referral and the initial appointment with the physician and surgeon.
(c)(1)If a nurse-midwife does not have in place mutually agreed-upon policies and protocols that delineate the parameters for consultation, collaboration, referral, and transfer of a patients care, signed by both the certified nurse-midwife and a physician and surgeon pursuant to paragraph (1) of subdivision (b), the patient shall be transferred to the care of a physician and surgeon to do either or both of the following:
(A)Provide a patient with care that falls outside the scope of services specified in subdivision (a).
(B)Provide intrapartum care to a patient who has had a prior cesarean section or surgery that interrupts the myometrium.
(2)After the certified nurse-midwife initiates the process of transfer pursuant to paragraph (1), for a patient who otherwise meets the definition of a low-risk pregnancy but no longer meets the criteria specified in paragraph (3) of subdivision (a) because the gestational age of the fetus is greater than 42 weeks and zero days, if there is inadequate time to effect safe transfer to a hospital prior to delivery or transfer may pose a threat to the health and safety of the patient or the fetus, the certified nurse-midwife may continue care of the patient consistent with the transfer plan described in subdivision (a) of Section 2746.54.
(3)A patient who has been transferred from the care of a certified nurse-midwife to that of a physician and surgeon may return to the care of the certified nurse-midwife after the physician and surgeon has determined that the condition or circumstance that required, or would require, the transfer from the care of the nurse-midwife pursuant to paragraph (1) is resolved.
(d)The certificate to practice nurse-midwifery authorizes the holder to attend pregnancy and childbirth in an out-of-hospital setting if consistent with subdivisions (a), (b), and (c).
(e)This section shall not be interpreted to deny a patients right to self-determination or informed decisionmaking with regard to choice of provider or birth setting.
(f)The certificate to practice nurse-midwifery does not authorize the holder of the certificate to assist childbirth by vacuum or forceps extraction, or to perform any external cephalic version.
(g)A certified nurse-midwife shall document all consultations, referrals, and transfers in the patient record.
(h)(1)A certified nurse-midwife shall refer all emergencies to a physician and surgeon immediately.
(2)A certified nurse-midwife may provide emergency care until the assistance of a physician and surgeon is obtained.
(i)This chapter does not authorize a nurse-midwife to practice medicine or surgery.
(j)This section shall not be construed to require a physician and surgeon to sign protocols and procedures for a nurse-midwife or to permit any action that violates Section 2052 or 2400.
(k)This section shall not be construed to require a nurse-midwife to have mutually agreed-upon, signed policies and protocols for the provision of services described in subdivision (a).
SEC. 3.Title 1.81.49 (commencing with Section 1798.99.90) is added to Part 4 of Division 3 of the Civil Code, to read:1.81.49.Family Planning Center Location Data1798.99.90.(a)A business that tracks, uses, collects, or stores geographic location data person or business shall not track, use, store, or sell geographic data that contains the personally identifying information of a person physically located in or in close proximity to a family planning center.
(b)For purposes of this section, family planning center means a business categorized as a family planning center by the North American Industry Classification System adopted by the United States Census Bureau, including, but not limited to, an abortion clinic, birth control clinic, pregnancy counseling center, or reproductive health services center. a clinic or center that provides reproductive health care services as defined in Section 1798.300 of the Civil Code.
(c)An aggrieved person or entity, including a family planning center, may institute and prosecute a civil action against any person or business who violates this section for injunctive and monetary relief and attorneys fees within three years of discovery of the violation.
SEC. 4.Title 1.81.7 (commencing with Section 1798.300) is added to Part 4 of Division 3 of the Civil Code, to read:1.81.7.Reproductive and Gender-Affirming Health Care Services1798.300.As used in this title, the following definitions apply:
(a)Abusive litigation means litigation or other legal action to deter, prevent, sanction, or punish a person engaging in legally protected health care activity by either of the following:
(1)Filing or prosecuting an action in a state other than California where liability, in whole or part, directly or indirectly, is based on a legally protected health care activity that was legal in the state in which it occurred, including an action in which liability is based on a theory of vicarious, joint, or several liability.
(2)Attempting to enforce an order or judgment issued in connection with an action described in paragraph (1) by a party to the that action or a person acting on behalf of a party to the that action. A lawsuit An action shall be considered to be based on conduct that was legal in the state in which it occurred if a part of an act or omission involved in the course of conduct that forms the basis for liability in the lawsuit action occurs or is initiated in a state in which the health care was legal, whether or not the act or omission is alleged or included in a pleading or other filing in the lawsuit.
(b)Aggrieved person, provider, or other entity includes, but is not limited to, a person who resides in California, a business or entity doing business in the state or located in the state, a person or entity that provided a legally protected health care activity in California, a person who received a legally protected health care activity from a provider licensed in California, a person or entity that is licensed in California to provide a legally protected health care activity, including a provider, clinic, or insurance company, or a person who assisted a person or entity that received or provided a legally protected health care activity in California.
(b)(c)Gender-affirming health care services and gender-affirming mental health care services have the same meaning as defined in paragraph (3) of subdivision (b) of Section 16010.2 of the Welfare and Institutions Code.
(c)(d)(1)Legally protected health care activity means any of the following:
(A)The exercise and enjoyment, or attempted exercise and enjoyment, by a person of rights to reproductive health care services, gender-affirming health care services, or gender-affirming mental health care services secured by the Constitution or laws of California or the provision of insurance coverage for such services.
(B)An act or omission undertaken to aid or encourage, or attempt to aid or encourage, a person in the exercise and enjoyment or attempted exercise and enjoyment of rights to reproductive health care services, gender-affirming health care services, or gender-affirming mental health care services secured by the Constitution or laws of California.
(C)The provision of the health care services reproductive health care services, gender-affirming health care services, or gender-affirming mental health care services by a person duly licensed under the laws of California and the provision of insurance coverage for the services, if the service is permitted under the laws of California, regardless of the patients location.
(2)Legally protected health care activity does not include a service rendered below the applicable professional standard of care or that would violate antidiscrimination laws of California.
(d)(e)Reproductive health care services means and includes all services, care, or products of a medical, surgical, psychiatric, therapeutic, diagnostic, mental health, behavioral health, preventative, rehabilitative, supportive, consultative, referral, prescribing, or dispensing nature relating to the human reproductive system provided in accordance with the constitution and laws of this state, whether provided in person or by means of telehealth services which includes, but is not limited to, all services, care, and products relating to pregnancy, assisted reproduction, contraception, miscarriage management, the termination of a pregnancy, or self-managed terminations.
1798.301.Access to reproductive health care services and gender-affirming health care services is a right Reproductive health care services, gender-affirming health care services, and gender-affirming mental health care services are rights secured by the Constitution and laws of California. Interference with this right, these rights, whether or not under the color of law, is against the public policy of California.
1798.302.A public act or record of a foreign jurisdiction that prohibits, criminalizes, sanctions, authorizes a person to bring a civil action against, or otherwise interferes with a person, provider, or other entity in California that seeks, receives, causes, aids in access to, aids, abets, provides, or attempts or intends to seek, receive, cause, aid in access to, aid, abet, or provide, reproductive health care services or gender-affirming health care services services, gender-affirming health care services, or gender-affirming mental health care services shall be an interference with the exercise and enjoyment of the rights secured by the Constitution and laws of California and shall be a violation of the public policy of California.
1798.303.If a person, including a plaintiff, prosecutor, attorney, or law firm, whether or not acting under color of law, engages or attempts to engage in abusive litigation that infringes on or interferes with, or attempts to infringe on or interfere with, a legally protected health care activity, then an aggrieved person, provider, carrier, or other entity, including a defendant in the abusive litigation, may institute and prosecute a civil action for injunctive, monetary, or other appropriate relief within three years after the cause of action accrues.
1798.304.An aggrieved person, provider, or other entity, including a defendant in abusive litigation, may move to modify or quash a subpoena issued in connection with abusive litigation on the grounds that the subpoena is unreasonable, oppressive, or inconsistent with the public policy of California.
1798.305.If the court finds for the petitioner in an action authorized by Section 1798.303, recovery shall be in the amount of three times the amount of actual damages, which shall include damages for the amount of a judgment issued in connection with an abusive litigation, and any other expenses, costs, or reasonable attorneys fees incurred in connection with the abusive litigation.
1798.306.(a)A court may exercise jurisdiction over a person in an action authorized by Section 1798.303 if any of the following apply:
(1)Personal jurisdiction is found under Section 410.10 of the Code of Civil Procedure.
(2)The person has commenced an action in a court in California and, during the pendency of that action or an appeal therefrom, a summons and complaint is served on the person or the attorney appearing on the persons behalf in that action or as otherwise permitted by law.
(3)The exercise of jurisdiction is permitted under the Constitution of the United States.
(b)This section does not apply to a lawsuit or judgment entered in another state that is based on conduct for which a cause of action exists under the laws of California, including a contract, tort, common law, or statutory claims.
1798.307.Notwithstanding any other law, the laws of California shall govern in a case or controversy heard in California related to reproductive health care services or gender-affirming health care services, gender-affirming health care services, or gender-affirming mental health care services, except as may be required by federal law.
1798.308.This title shall not be construed to provide jurisdiction over a California resident in an out-of-state forum when the California resident has not availed themselves of that forum.
SEC. 5.Section 762.020 of the Code of Civil Procedure is amended to read:762.020.(a)If the name of a person required to be named as a defendant is not known to the plaintiff, the plaintiff shall so state in the complaint and shall name as parties all persons unknown in the manner provided in Section 762.060.
(b)If the claim or the share or quantity of the claim of a person required to be named as a defendant is unknown, uncertain, or contingent, the plaintiff shall so state in the complaint. If the lack of knowledge, uncertainty, or contingency is caused by a transfer to an unborn or unascertained beneficiary or class member, or by a transfer in the form of a contingent remainder, vested remainder subject to defeasance, executory interest, or similar disposition, the plaintiff shall also state in the complaint, so far as is known to the plaintiff, the name, age, and legal disability (if any) of the person in being who would be entitled to the claim had the contingency upon which the claim depends occurred prior to the commencement of the action.
SEC. 6.Section 872.520 of the Code of Civil Procedure is amended to read:872.520.(a)If the name of a person described in Section 872.510 is not known to the plaintiff, the plaintiff shall so state in the complaint and shall name as parties all persons unknown in the manner provided in Section 872.550.
(b)If the ownership or the share or quantity of the interest of a person described in Section 872.510 is unknown, uncertain, or contingent, the plaintiff shall so state in the complaint. If the lack of knowledge, uncertainty, or contingency is caused by a transfer to an unborn or unascertained beneficiary or class member, or by a transfer in the form of a contingent remainder, vested remainder subject to defeasance, executory interest, or similar disposition, the plaintiff shall also state in the complaint, so far as is known to the plaintiff, the name, age, and legal disability (if any) of the person in being who would be entitled to ownership of the interest had the contingency upon which the right of such person depends occurred prior to the commencement of the action.
(c)The court shall upon its own motion or upon motion of any party make such orders for joinder of additional parties and for appointment of guardians ad litem pursuant to Sections 372, 373, and 373.5 as are necessary or proper.
SEC. 7.Section 1710.50 of the Code of Civil Procedure is amended to read:1710.50.(a)The court shall grant a stay of enforcement where:
(1)An appeal from the sister state judgment is pending or may be taken in the state which originally rendered the judgment. Under this paragraph, enforcement shall be stayed until the proceedings on appeal have been concluded or the time for appeal has expired.
(2)A stay of enforcement of the sister state judgment has been granted in the sister state. Under this paragraph, enforcement shall be stayed until the sister state stay of enforcement expires or is vacated.
(3)The judgment debtor has made a motion to vacate pursuant to Section 1710.40. Under this paragraph, enforcement shall be stayed until the judgment debtors motion to vacate is determined.
(4)A money judgment or lien on real property was obtained against a person or entity for exercising a right guaranteed under the United States Constitution as interpreted by the United States Supreme Court precedent at the time the right was exercised, or a right guaranteed under the California Constitution, or against a person or entity for aiding and abetting the exercise of said rights.
(5)Any other circumstance exists where the interests of justice require a stay of enforcement.
(b)The court may grant a stay of enforcement under this section on its own motion, on ex parte motion, or on noticed motion.
(c)The court shall grant a stay of enforcement under this section on such terms and conditions as are just including but not limited to the following:
(1)The court may require an undertaking in an amount it determines to be just, but the amount of the undertaking shall not exceed double the amount of the judgment creditors claim.
(2)If a writ of execution has been issued, the court may order that it remain in effect.
(3)If property of the judgment debtor has been levied upon under a writ of execution, the court may order the levying officer to retain possession of the property capable of physical possession and to maintain the levy on other property.
SEC. 8.Section 22171 of the Education Code is amended to read:22171.(a)Spouse means a person who was continuously married to the member for the period beginning at least 12 months prior to the death of the member, unless a child is born to the member and the members spouse within the 12-month period or unless the spouse is carrying a fetus, conceived with the member.
(b)Spouse also means a person who was married to the member for less than 12 months, if the members death was either accidental, or due to an illness, and the marriage took place prior to the occurrence of the injury or diagnosis of the illness that resulted in death.
(1)A members death is defined as accidental only if the member received bodily injuries through violent, external, or accidental means and died as a direct result of the bodily injuries and independent of all other causes.
(2)This subdivision does not apply if, at the time of the marriage, the member could not have reasonably been expected to live for 12 months.
(c)Except as excluded by Sections 22661 and 23812, a person who is the registered domestic partner of a member, as established pursuant to Section 297 or 299.2 of the Family Code, shall be treated in the same manner as a spouse.
SEC. 9.Section 1317.1 of the Health and Safety Code is amended to read:1317.1.Unless the context otherwise requires, the following definitions shall control the construction of this article and Section 1371.4:
(a)(1)Emergency services and care means medical screening, examination, and evaluation by a physician and surgeon, or, to the extent permitted by applicable law, by other appropriate licensed persons under the supervision of a physician and surgeon, to determine if an emergency medical condition or active labor exists and, if it does, the care, treatment, and surgery, if within the scope of that persons license, necessary to relieve or eliminate the emergency medical condition, within the capability of the facility.
(2)(A)Emergency services and care also means an additional screening, examination, and evaluation by a physician, or other personnel to the extent permitted by applicable law and within the scope of their licensure and clinical privileges, to determine if a psychiatric emergency medical condition exists, and the care and treatment necessary to relieve or eliminate the psychiatric emergency medical condition, within the capability of the facility.
(B)The care and treatment necessary to relieve or eliminate a psychiatric emergency medical condition may include admission or transfer to a psychiatric unit within a general acute care hospital, as defined in subdivision (a) of Section 1250, or to an acute psychiatric hospital, as defined in subdivision (b) of Section 1250, pursuant to subdivision (k). Nothing in this subparagraph shall be construed to permit a transfer that is in conflict with the Lanterman-Petris-Short Act (Part 1 (commencing with Section 5000) of Division 5 of the Welfare and Institutions Code).
(C)For the purposes of Section 1371.4, emergency services and care as defined in subparagraph (A) shall not apply to Medi-Cal managed care plan contracts entered into with the State Department of Health Care Services pursuant to Chapter 7 (commencing with Section 14000), Chapter 8 (commencing with Section 14200), and Chapter 8.75 (commencing with Section 14590) of Part 3 of Division 9 of the Welfare and Institutions Code, to the extent that those services are excluded from coverage under those contracts.
(D)This paragraph does not expand, restrict, or otherwise affect the scope of licensure or clinical privileges for clinical psychologists or other medical personnel.
(b)Emergency medical condition means a medical condition manifesting itself by acute symptoms of sufficient severity (including severe pain) such that the absence of immediate medical attention could reasonably be expected to result in any of the following:
(1)Placing the patients health in serious jeopardy.
(2)Serious impairment to bodily functions.
(3)Serious dysfunction of any bodily organ or part.
(c)Active labor means a labor at a time at which either of the following would occur:
(1)There is inadequate time to effect safe transfer to another hospital prior to delivery.
(2)A transfer may pose a threat to the health and safety of the patient or the fetus.
(d)Hospital means all hospitals with an emergency department licensed by the state department.
(e)State department means the State Department of Public Health.
(f)Medical hazard means a material deterioration in medical condition in, or jeopardy to, a patients medical condition or expected chances for recovery.
(g)Board means the Medical Board of California.
(h)Within the capability of the facility means those capabilities that the hospital is required to have as a condition of its emergency medical services permit and services specified on Services Inventory Form 7041 filed by the hospital with the Department of Health Care Access and Information.
(i)Consultation means the rendering of an opinion or advice, prescribing treatment, or the rendering of a decision regarding hospitalization or transfer by telephone or other means of communication. When determined to be medically necessary, jointly by the treating physician and surgeon, or by other appropriate licensed persons acting within their scope of licensure, under the supervision of a physician and surgeon, and the consulting physician and surgeon, consultation includes review of the patients medical record, examination, and treatment of the patient in person by a consulting physician and surgeon, or by other appropriate licensed persons acting within their scope of licensure under the supervision of a consulting physician and surgeon, who is qualified to give an opinion or render the necessary treatment in order to stabilize the patient. A request for consultation shall be made by the treating physician and surgeon, or by other appropriate licensed persons acting within their scope of licensure under the supervision of a treating physician and surgeon, provided the request is made with the contemporaneous approval of the treating physician and surgeon. The treating physician and surgeon may request to communicate directly with the consulting physician and surgeon, and when determined to be medically necessary, jointly by the treating physician and surgeon and the consulting physician and surgeon, the consulting physician and surgeon shall examine and treat the patient in person. The consulting physician and surgeon is ultimately responsible for providing the necessary consultation to the patient, regardless of who makes the in-person appearance.
(j)A patient is stabilized or stabilization has occurred when, in the opinion of the treating physician and surgeon, or other appropriate licensed persons acting within their scope of licensure under the supervision of a treating physician and surgeon, the patients medical condition is such that, within reasonable medical probability, no material deterioration of the patients condition is likely to result from, or occur during, the release or transfer of the patient as provided for in Section 1317.2, Section 1317.2a, or other pertinent statute.
(k)(1)Psychiatric emergency medical condition means a mental disorder that manifests itself by acute symptoms of sufficient severity that it renders the patient as being either of the following:
(A)An immediate danger to themselves or to others.
(B)Immediately unable to provide for, or utilize, food, shelter, or clothing, due to the mental disorder.
(2)This subdivision does not expand, restrict, or otherwise affect the scope of licensure or clinical privileges for clinical psychologists or medical personnel.
(l)This section shall not be construed to expand the scope of licensure for licensed persons providing services pursuant to this section.
SEC. 10.Section 123468.5 is added to the Health and Safety Code, to read:123468.5.(a)(1)California law governs in any action, whether civil, administrative, or criminal, against any person who provides, receives, aids or abets in providing or receiving, or attempts to provide or receive, by any means, including telehealth, the health care services described in paragraph (2) if the care was legal in the state in which it was provided at the time of the challenged conduct.
(2)Reproductive health care services and gender-affirming health care services, including gender-affirming mental health care services, are subject to paragraph (1).
(b)Reproductive health has the same meaning as set forth in Section 1798.300 of the Health and Safety Code.
(c)Gender-affirming health care services and gender-affirming mental health care services have the same meaning as defined in paragraph (3) of subdivision (b) of Section 16010.2 of the Welfare and Institutions Code.
SEC. 11.Section 187 of the Penal Code is amended to read:187.(a)Murder is the unlawful killing of a human being, or a fetus, with malice aforethought.
(b)This section shall not apply to any person who commits an act that results in the death of a fetus if any of the following apply:
(1)The act complied with the former Therapeutic Abortion Act (Article 2 (commencing with Section 123400) of Chapter 2 of Part 2 of Division 106 of the Health and Safety Code) or the Reproductive Privacy Act (Article 2.5 (commencing with Section 123460) of Chapter 2 of Part 2 of Division 106 of the Health and Safety Code).
(2)The act was committed by a holder of a physicians and surgeons certificate, as defined in the Business and Professions Code, in a case where, to a medical certainty, the result of childbirth would be death of the mother of the fetus or where the mothers death from childbirth, although not medically certain, would be substantially certain or more likely than not.
(3)The act was committed, solicited, aided, abetted, or consented to by the mother of the fetus.
(c)Subdivision (b) shall not be construed to prohibit the prosecution of any person under any other provision of law.
SEC. 12.Section 1549.15 is added to the Penal Code, to read:1549.15.(a)For purposes of this section, the following terms have the following meanings:
(1)Gender-affirming health care and gender-affirming mental health care have the same meaning as in paragraph (3) of subdivision (b) of Section 16010.2 of the Welfare and Institutions Code.
(2)Legally protected health care activity means and includes both of the following acts and omissions by providers and facilitators of reproductive health care services and gender-affirming health care and gender-affirming mental health care to the extent they are not in violation of the constitution or the laws of this state:
(A)Any act or omission undertaken to aid or encourage, or attempt to aid or encourage, a person in the exercise or attempted exercise of laws of this state, or to provide insurance coverage for such services or care.
(B)The provision of such reproductive health care services or gender-affirming health care or gender-affirming mental health care by a person duly licensed under the laws of this state and the provision of insurance coverage for such services or care is permitted under the laws of this state, regardless of the patients location.
(3)Reproductive health care services means and includes all services, care, or products of a medical, surgical, psychiatric, therapeutic, diagnostic, mental health, behavioral health, preventative, rehabilitative, supportive, consultative, referral, prescribing, or dispensing nature relating to the human reproductive system provided in accordance with the constitution and laws of this state, whether provided in person or by means of telehealth services which includes, but is not limited to, all services, care, and products relating to pregnancy, assisted reproduction, contraception, miscarriage management, the termination of a pregnancy, or self-managed terminations.
(b)Notwithstanding Section 1549.1 or any other law, and except as required by federal law, a demand for the extradition of a person charged with any legally protected health care activity shall not be recognized by the Governor unless in accordance with Section 1548.2.
SEC. 13.Section 13778.3 is added to the Penal Code, to read:13778.3.(a)For purposes of this section, the following terms shall have the following meaning:
(1)Gender-affirming health care and gender-affirming mental health care have the same meaning as in paragraph (3) of subdivision (b) of Section 16010.2 of the Welfare and Institutions Code.
(2)Legally protected health care activity shall have the same meaning as in Section 1549.15.
(3)Reproductive health care services shall have the same meaning as in Section 1549.15.
(b)A state or local government employee, person or entity contracted by a state or local government, or person or entity acting on behalf of a local or state government shall not cooperate with or provide information to any individual or out-of-state agency or department regarding any legally protected health care activity or otherwise expend or use time, moneys, facilities, property, equipment, personnel, or other resources in furtherance of any investigation or proceeding that seeks to impose civil or criminal liability or professional sanctions upon a person or entity for any legally protected health care activity that occurred in this state or that would be legal if it occurred in this state.
(c)This section does not prohibit compliance with a valid, court-issued subpoena or warrant which does not relate to a law seeking to impose civil or criminal liability or professional sanctions for a legally protected health care activity, or in response to the written request of a person who is the subject of such an investigation or proceeding, to the extent necessary, in each case, to fulfill such request.
(d)Any out-of-state subpoena or warrant shall include an affidavit or declaration under penalty of perjury that the discovery is not in connection with an out-of-state proceeding relating to any legally protected health care activity unless the out-of-state proceeding meets all of the following requirements:
(1)Is based in tort, contract, or on statute.
(2)Is actionable, in an equivalent or similar manner, under the laws of this state.
(3)Was brought by the patient who received legally protected health care activity or the patients legal representative.
SEC. 14.Section 1003 of the Probate Code is amended to read:1003.(a)The court may, on its own motion or on request of a personal representative, guardian, conservator, trustee, or other interested person, appoint a guardian ad litem at any stage of a proceeding under this code to represent the interest of any of the following persons, if the court determines that representation of the interest otherwise would be inadequate:
(1)A minor.
(2)A person who lacks legal capacity to make decisions.
(3)An unborn beneficiary.
(4)An unascertained person.
(5)A person whose identity or address is unknown.
(6)A designated class of persons who are not ascertained or are not in being.
(b)If not precluded by a conflict of interest, a guardian ad litem may be appointed to represent several persons or interests.
(c)The reasonable expenses of the guardian ad litem, including compensation and attorneys fees, shall be determined by the court and paid as the court orders, either out of the property of the estate involved or by the petitioner or from any other source as the court orders.
(d)Before a court appoints a guardian ad litem pursuant to this chapter, a proposed guardian ad litem shall disclose both of the following to the court and all parties to the action or proceeding:
(1)Any known actual or potential conflicts of interest that would or might arise from the appointment.
(2)Any familial or affiliate relationship the proposed guardian ad litem has with any of the parties.
(e)If a guardian ad litem becomes aware that a potential conflict of interest has become an actual conflict of interest or that a new potential or actual conflict of interest exists, the guardian ad litem shall promptly disclose the conflict of interest to the court.
SEC. 15.Section 10954 of the Probate Code is amended to read:10954.(a)Notwithstanding any other provision of this part, the personal representative is not required to file an account if any of the following conditions is satisfied as to each person entitled to distribution from the estate:
(1)The person has executed and filed a written waiver of account or a written acknowledgment that the persons interest has been satisfied.
(2)Adequate provision has been made for satisfaction in full of the persons interest. This paragraph does not apply to a residuary devisee or a devisee whose interest in the estate is subject to abatement, payment of expenses, or accrual of interest or income.
(b)A waiver or acknowledgment under subdivision (a) shall be executed as follows:
(1)If the person entitled to distribution is an adult and competent, by that person.
(2)If the person entitled to distribution is a minor, by a person authorized to receive money or property belonging to the minor. If the waiver or acknowledgment is executed by a guardian of the estate of the minor, the waiver or acknowledgment may be executed without the need to obtain approval of the court in which the guardianship proceeding is pending.
(3)If the person entitled to distribution is a conservatee, by the conservator of the estate of the conservatee. The waiver or acknowledgment may be executed without the need to obtain approval of the court in which the conservatorship proceeding is pending.
(4)If the person entitled to distribution is a trust, by the trustee, but only if the named trustees written acceptance of the trust is filed with the court. In the case of a trust that is subject to the continuing jurisdiction of the court pursuant to Chapter 4 (commencing with Section 17300) of Part 5 of Division 9, the waiver or acknowledgment may be executed without the need to obtain approval of the court.
(5)If the person entitled to distribution is an estate, by the personal representative of the estate. The waiver or acknowledgment may be executed without the need to obtain approval of the court in which the estate is being administered.
(6)If the person entitled to distribution is incapacitated, is an unborn beneficiary, is unascertained, or is a person whose identity or address is unknown, or is a designated class of persons who are not ascertained or are not in being, and there is a guardian ad litem appointed to represent the person entitled to distribution, by the guardian ad litem.
(7)If the person entitled to distribution has designated an attorney in fact who has the power under the power of attorney to execute the waiver or acknowledgment, by either of the following:
(A)The person entitled to distribution if an adult and competent.
(B)The attorney in fact.
(c)Notwithstanding subdivision (a):
(1)The personal representative shall file a final report of administration at the time the final account would otherwise have been required. The final report shall include the amount of compensation paid or payable to the personal representative and to the attorney for the personal representative and shall set forth the basis for determining the amounts.
(2)A creditor whose interest has not been satisfied may petition under Section 10950 for an account.
SEC. 16.Section 15405 of the Probate Code is amended to read:15405.For the purposes of Sections 15403 and 15404, the consent of a beneficiary who lacks legal capacity, including a minor, or who is an unascertained or unborn beneficiary may be given in proceedings before the court by a guardian ad litem, if it would be appropriate to do so. In determining whether to give consent, the guardian ad litem may rely on general family benefit accruing to living members of the beneficiarys family as a basis for approving a modification or termination of the trust.
SEC. 17.Section 19507 of the Probate Code is amended to read:19507.(a)In this section, a notice period begins on the day notice is given under subdivision (c) and ends 59 days after the day notice is given.
(b)An authorized fiduciary may exercise the decanting power without the consent of any person and without court approval in compliance with this part.
(c)Except as otherwise provided in subdivision (h), an authorized fiduciary shall give notice of the intended exercise of the decanting power not later than 60 days before the exercise to all of the following:
(1)Each settlor of the first trust, if living or then in existence.
(2)Each qualified beneficiary of the first trust.
(3)Each holder of a presently exercisable power of appointment over any part or all of the first trust.
(4)Each person that currently has the right to remove or replace the authorized fiduciary.
(5)Each other fiduciary of the first trust.
(6)Each fiduciary of the second trust.
(7)The Attorney General, if subdivision (b) of Section 19514 applies.
(d)Unless the trust instrument provides otherwise, an authorized fiduciary shall give notice under subdivision (c) to the guardian ad litem for a qualified beneficiary who is a minor and has no representative or who is an unascertained or unborn beneficiary. If a guardian ad litem has not been appointed at the time of the notice, the authorized fiduciary shall seek the appointment of one. The court may appoint a guardian ad litem, for purposes of this section, in instances where the only matter before the court is that appointment.
(e)If an authorized fiduciary knows, or has reason to know, that a person entitled to notice under subdivision (c) is substantially unable to manage that persons own financial resources or resist fraud or undue influence, the authorized fiduciary shall give notice under subdivision (c) to that person and to the individual appointed to act on that persons behalf, including, but not limited to, an attorney-in-fact under a power of attorney. If no such individual has been appointed at the time of the notice, the authorized fiduciary shall seek the appointment of such an individual. The court may appoint a guardian ad litem, for purposes of this section, in instances where the only matter before the court is that appointment.
(f)An authorized fiduciary is not required to give notice under subdivision (c) to a person who is known to the fiduciary but cannot be located by the fiduciary after reasonable diligence.
(g)A notice under subdivision (c) shall include all of the following:
(1)A description of the manner in which the authorized fiduciary intends to exercise the decanting power, which shall include a statement as to the authorized fiduciarys reason for the proposed decanting and an explanation as to the differences between the first trust and the second trust or trusts.
(2)The proposed effective date for exercise of the power.
(3)A copy of the first trust instrument.
(4)A copy of all second trust instruments.
(5)A warning, set out in a separate paragraph in not less than 10-point bold type, or a reasonable equivalent thereof, that states the following:
If you do not bring a court action to contest the proposed trust decanting (the proposed changes to the trust) within 59 days of this notice, you will lose your right to contest the decanting.
(h)The decanting power may be exercised before expiration of the notice period under subdivision (a) if all persons entitled to receive notice waive the period in a signed waiver.
(i)The receipt of notice, waiver of the notice period, or expiration of the notice period does not affect the right of a person to file an application under Section 19509 that asserts either of the following:
(1)An attempted exercise of the decanting power is ineffective because it did not comply with this part or was an abuse of discretion or breach of fiduciary duty.
(2)Section 19522 applies to the exercise of the decanting power.
(j)The notice required by this section shall be served by mail to the last known address, pursuant to Section 1215, or by personal delivery.
SEC. 18.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.
SEC. 19.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
SEC. 20.The Legislature finds and declares that the titles added to the Civil Code by this act further the purpose and intent of the California Privacy Rights Act of 2020, enacted by Proposition 24 at the November 3, 2020, statewide election, within the meaning of Section 25 of Proposition 24.
(a)Notwithstanding any other law, a board shall not suspend or revoke the license of a person regulated under this division solely because that person provided a legally protected health care activity, as defined in Section 1798.300 of the Civil Code.
(b)Notwithstanding any other law, a board shall not deny an application for licensure under this division or suspend, revoke, or otherwise impose discipline upon a person licensed pursuant to this division because the person was disciplined for or convicted of an offense in another state in which they were licensed if the suspension, revocation, or other discipline was for providing a legally protected health care activity, as defined in Section 1798.300 of the Civil Code.
(c)The performance, recommendation, or provision of any legally protected health care activity, as defined in Section 1798.300 of the Civil Code, by a health care practitioner acting within their scope of practice, for a patient who resides in a state in which the performance, recommendation, or provision of that legally protected health care activity is illegal, shall not, by itself, constitute professional misconduct under this division or any regulation governing the licensure, certification, or authorization of such practitioner, nor shall any license, certification certification, or authorization of a health care practitioner be revoked, suspended, or annulled or otherwise subject to any other penalty or discipline provided in this division solely on the basis that the health care practitioner performed, recommended, or provided any legally protected health care activity for a patient who resides in a state in which the performance, recommendation, or provision of that legally protected health service is illegal.
SEC. 2.Section 2746.5 of the Business and Professions Code is amended to read:2746.5.(a)The certificate to practice nurse-midwifery authorizes the holder to attend cases of low-risk pregnancy and childbirth and to provide prenatal, intrapartum, and postpartum care, including interconception care, family planning care, and immediate care for the newborn, consistent with the Core Competencies for Basic Midwifery Practice adopted by the American College of Nurse-Midwives, or its successor national professional organization, as approved by the board. For purposes of this subdivision, low-risk pregnancy means a pregnancy in which all of the following conditions are met:
(1)There is a single fetus.
(2)There is a cephalic presentation at onset of labor.
(3)The gestational age of the fetus is greater than or equal to 37 weeks and zero days and less than or equal to 42 weeks and zero days at the time of delivery.
(4)Labor is spontaneous or induced.
(5)The patient has no preexisting disease or condition, whether arising out of the pregnancy or otherwise, that adversely affects the pregnancy and that the certified nurse-midwife is not qualified to independently address consistent with this section.
(b)(1)The certificate to practice nurse-midwifery authorizes the holder to practice with a physician and surgeon under mutually agreed-upon policies and protocols that delineate the parameters for consultation, collaboration, referral, and transfer of a patients care, signed by both the certified nurse-midwife and a physician and surgeon to do either of the following:
(A)Provide a patient with care that falls outside the scope of services specified in subdivision (a).
(B)Provide intrapartum care to a patient who has had a prior cesarean section or surgery that interrupts the myometrium.
(2)If a physician and surgeon assumes care of the patient, the certified nurse-midwife may continue to attend the birth of the newborn and participate in physical care, counseling, guidance, teaching, and support, as indicated by the mutually agreed-upon policies and protocols signed by both the certified nurse-midwife and a physician and surgeon.
(3)After a certified nurse-midwife refers a patient to a physician and surgeon, the certified nurse-midwife may continue care of the patient during a reasonable interval between the referral and the initial appointment with the physician and surgeon.
(c)(1)If a nurse-midwife does not have in place mutually agreed-upon policies and protocols that delineate the parameters for consultation, collaboration, referral, and transfer of a patients care, signed by both the certified nurse-midwife and a physician and surgeon pursuant to paragraph (1) of subdivision (b), the patient shall be transferred to the care of a physician and surgeon to do either or both of the following:
(A)Provide a patient with care that falls outside the scope of services specified in subdivision (a).
(B)Provide intrapartum care to a patient who has had a prior cesarean section or surgery that interrupts the myometrium.
(2)After the certified nurse-midwife initiates the process of transfer pursuant to paragraph (1), for a patient who otherwise meets the definition of a low-risk pregnancy but no longer meets the criteria specified in paragraph (3) of subdivision (a) because the gestational age of the fetus is greater than 42 weeks and zero days, if there is inadequate time to effect safe transfer to a hospital prior to delivery or transfer may pose a threat to the health and safety of the patient or the fetus, the certified nurse-midwife may continue care of the patient consistent with the transfer plan described in subdivision (a) of Section 2746.54.
(3)A patient who has been transferred from the care of a certified nurse-midwife to that of a physician and surgeon may return to the care of the certified nurse-midwife after the physician and surgeon has determined that the condition or circumstance that required, or would require, the transfer from the care of the nurse-midwife pursuant to paragraph (1) is resolved.
(d)The certificate to practice nurse-midwifery authorizes the holder to attend pregnancy and childbirth in an out-of-hospital setting if consistent with subdivisions (a), (b), and (c).
(e)This section shall not be interpreted to deny a patients right to self-determination or informed decisionmaking with regard to choice of provider or birth setting.
(f)The certificate to practice nurse-midwifery does not authorize the holder of the certificate to assist childbirth by vacuum or forceps extraction, or to perform any external cephalic version.
(g)A certified nurse-midwife shall document all consultations, referrals, and transfers in the patient record.
(h)(1)A certified nurse-midwife shall refer all emergencies to a physician and surgeon immediately.
(2)A certified nurse-midwife may provide emergency care until the assistance of a physician and surgeon is obtained.
(i)This chapter does not authorize a nurse-midwife to practice medicine or surgery.
(j)This section shall not be construed to require a physician and surgeon to sign protocols and procedures for a nurse-midwife or to permit any action that violates Section 2052 or 2400.
(k)This section shall not be construed to require a nurse-midwife to have mutually agreed-upon, signed policies and protocols for the provision of services described in subdivision (a).
SEC. 3.Title 1.81.49 (commencing with Section 1798.99.90) is added to Part 4 of Division 3 of the Civil Code, to read:1.81.49.Family Planning Center Location Data1798.99.90.(a)A business that tracks, uses, collects, or stores geographic location data shall not track, use, store, or sell data that contains the personally identifying information of a person physically located in or in close proximity to a family planning center.
(b)For purposes of this section, family planning center means a business categorized as a family planning center by the North American Industry Classification System adopted by the United States Census Bureau, including, but not limited to, an abortion clinic, birth control clinic, pregnancy counseling center, or reproductive health services center.
(c)An aggrieved person or entity, including a family planning center, may institute and prosecute a civil action against any person or business who violates this section for injunctive and monetary relief and attorneys fees within three years of discovery of the violation.
SEC. 4.Title 1.81.7 (commencing with Section 1798.300) is added to Part 4 of Division 3 of the Civil Code, to read:1.81.7.Reproductive and Gender-Affirming Health Care Services1798.300.As used in this title, the following definitions apply:
(a)Abusive litigation means litigation or other legal action to deter, prevent, sanction, or punish a person engaging in legally protected health care activity by either of the following:
(1)Filing or prosecuting an action in a state other than California where liability, in whole or part, directly or indirectly, is based on a legally protected health care activity that occurred in California, was legal in the state in which it occurred, including an action in which liability is based on a theory of vicarious, joint, or several liability.
(2)Attempting to enforce an order or judgment issued in connection with an action described in paragraph (1) by a party to the action or a person acting on behalf of a party to the action. A lawsuit shall be considered to be based on conduct that occurred in California was legal in the state in which it occurred if a part of an act or omission involved in the course of conduct that forms the basis for liability in the lawsuit occurs or is initiated in California, a state in which the health care was legal, whether or not the act or omission is alleged or included in a pleading or other filing in the lawsuit.
(b)Gender-affirming health care services and gender-affirming mental health care services have the same meaning as defined in paragraph (3) of subdivision (b) of Section 16010.2 of the Welfare and Institutions Code.
(c)(1)Legally protected health care activity means any of the following:
(A)The exercise and enjoyment, or attempted exercise and enjoyment, by a person of rights to reproductive health care services, gender-affirming health care services, or gender-affirming mental health care services secured by the Constitution or laws of California or the provision of insurance coverage for such services.
(B)An act or omission undertaken to aid or encourage, or attempt to aid or encourage, a person in the exercise and enjoyment or attempted exercise and enjoyment of rights to reproductive health care services, gender-affirming health care services, or gender-affirming mental health care services secured by the Constitution or laws of California.
(C)The provision of the health care services by a person duly licensed under the laws of California and physically present in California and the provision of insurance coverage for the services, if the service is permitted under the laws of California, regardless of the patients location.
(2)Legally protected health care activity does not include a service rendered below the applicable professional standard of care or that would violate antidiscrimination laws of California.
(d)Reproductive health care services means and includes all services, care, or products of a medical, surgical, psychiatric, therapeutic, diagnostic, mental health, behavioral health, preventative, rehabilitative, supportive, consultative, referral, prescribing, or dispensing nature relating to the human reproductive system provided in accordance with the constitution and laws of this state, whether provided in person or by means of telehealth services which includes, but is not limited to, all services, care, and products relating to pregnancy, assisted reproduction, contraception, miscarriage management, the termination of a pregnancy, or self-managed terminations.
1798.301.Access to reproductive health care services and gender-affirming health care services is a right secured by the Constitution and laws of California. Interference with this right, whether or not under the color of law, is against the public policy of California.
1798.302.A public act or record of a foreign jurisdiction that prohibits, criminalizes, sanctions, authorizes a person to bring a civil action against, or otherwise interferes with a person, provider, or other entity in California that seeks, receives, causes, aids in access to, aids, abets, provides, or attempts or intends to seek, receive, cause, aid in access to, aid, abet, or provide, reproductive health care services or gender-affirming health care services shall be an interference with the exercise and enjoyment of the rights secured by the Constitution and laws of California and shall be a violation of the public policy of California.
1798.303.If a person, including a plaintiff, prosecutor, attorney, or law firm, whether or not acting under color of law, engages or attempts to engage in abusive litigation that infringes on or interferes with, or attempts to infringe on or interfere with, a legally protected health care activity, then an aggrieved person, provider, carrier, or other entity, including a defendant in the abusive litigation, may institute and prosecute a civil action for injunctive, monetary, or other appropriate relief within three years after the cause of action accrues.
1798.304.An aggrieved person, provider, or other entity, including a defendant in abusive litigation, may move to modify or quash a subpoena issued in connection with abusive litigation on the grounds that the subpoena is unreasonable, oppressive, or inconsistent with the public policy of California.
1798.305.If the court finds for the petitioner in an action authorized by Section 1798.303, recovery shall be in the amount of three times the amount of actual damages, which shall include damages for the amount of a judgment issued in connection with an abusive litigation, and any other expenses, costs, or reasonable attorneys fees incurred in connection with the abusive litigation.
1798.306.(a)A court may exercise jurisdiction over a person in an action authorized by Section 1798.303 if any of the following apply:
(1)Personal jurisdiction is found under Section 410.10 of the Code of Civil Procedure.
(2)The person has commenced an action in a court in California and, during the pendency of that action or an appeal therefrom, a summons and complaint is served on the person or the attorney appearing on the persons behalf in that action or as otherwise permitted by law.
(3)The exercise of jurisdiction is permitted under the Constitution of the United States.
(b)This section does not apply to a lawsuit or judgment entered in another state that is based on conduct for which a cause of action exists under the laws of California, including a contract, tort, common law, or statutory claims.
1798.307.Notwithstanding any other law, the laws of California shall govern in a case or controversy heard in California related to reproductive health care services or gender-affirming health care services, except as may be required by federal law.
1798.308.This title shall not be construed to provide jurisdiction over a California resident in an out-of-state forum when the California resident has not availed themselves of that forum.
SEC. 5.Section 762.020 of the Code of Civil Procedure is amended to read:762.020.(a)If the name of a person required to be named as a defendant is not known to the plaintiff, the plaintiff shall so state in the complaint and shall name as parties all persons unknown in the manner provided in Section 762.060.
(b)If the claim or the share or quantity of the claim of a person required to be named as a defendant is unknown, uncertain, or contingent, the plaintiff shall so state in the complaint. If the lack of knowledge, uncertainty, or contingency is caused by a transfer to an unborn or unascertained beneficiary or class member, or by a transfer in the form of a contingent remainder, vested remainder subject to defeasance, executory interest, or similar disposition, the plaintiff shall also state in the complaint, so far as is known to the plaintiff, the name, age, and legal disability (if any) of the person in being who would be entitled to the claim had the contingency upon which the claim depends occurred prior to the commencement of the action.
SEC. 6.Section 872.520 of the Code of Civil Procedure is amended to read:872.520.(a)If the name of a person described in Section 872.510 is not known to the plaintiff, the plaintiff shall so state in the complaint and shall name as parties all persons unknown in the manner provided in Section 872.550.
(b)If the ownership or the share or quantity of the interest of a person described in Section 872.510 is unknown, uncertain, or contingent, the plaintiff shall so state in the complaint. If the lack of knowledge, uncertainty, or contingency is caused by a transfer to an unborn or unascertained beneficiary or class member, or by a transfer in the form of a contingent remainder, vested remainder subject to defeasance, executory interest, or similar disposition, the plaintiff shall also state in the complaint, so far as is known to the plaintiff, the name, age, and legal disability (if any) of the person in being who would be entitled to ownership of the interest had the contingency upon which the right of such person depends occurred prior to the commencement of the action.
(c)The court shall upon its own motion or upon motion of any party make such orders for joinder of additional parties and for appointment of guardians ad litem pursuant to Sections 372, 373, and 373.5 as are necessary or proper.
SEC. 7.Section 1710.50 of the Code of Civil Procedure is amended to read:1710.50.(a)The court shall grant a stay of enforcement where:
(1)An appeal from the sister state judgment is pending or may be taken in the state which originally rendered the judgment. Under this paragraph, enforcement shall be stayed until the proceedings on appeal have been concluded or the time for appeal has expired.
(2)A stay of enforcement of the sister state judgment has been granted in the sister state. Under this paragraph, enforcement shall be stayed until the sister state stay of enforcement expires or is vacated.
(3)The judgment debtor has made a motion to vacate pursuant to Section 1710.40. Under this paragraph, enforcement shall be stayed until the judgment debtors motion to vacate is determined.
(4)A money judgment or lien on real property was obtained against a person or entity for exercising a right guaranteed under the United States Constitution as interpreted by the United States Supreme Court precedent at the time the right was exercised, or a right guaranteed under the California Constitution, or against a person or entity for aiding and abetting the exercise of said rights.
(5)Any other circumstance exists where the interests of justice require a stay of enforcement.
(b)The court may grant a stay of enforcement under this section on its own motion, on ex parte motion, or on noticed motion.
(c)The court shall grant a stay of enforcement under this section on such terms and conditions as are just including but not limited to the following:
(1)The court may require an undertaking in an amount it determines to be just, but the amount of the undertaking shall not exceed double the amount of the judgment creditors claim.
(2)If a writ of execution has been issued, the court may order that it remain in effect.
(3)If property of the judgment debtor has been levied upon under a writ of execution, the court may order the levying officer to retain possession of the property capable of physical possession and to maintain the levy on other property.
SEC. 8.Section 22171 of the Education Code is amended to read:22171.(a)Spouse means a person who was continuously married to the member for the period beginning at least 12 months prior to the death of the member, unless a child is born to the member and the members spouse within the 12-month period or unless the spouse is carrying a fetus, conceived with the member.
(b)Spouse also means a person who was married to the member for less than 12 months, if the members death was either accidental, or due to an illness, and the marriage took place prior to the occurrence of the injury or diagnosis of the illness that resulted in death.
(1)A members death is defined as accidental only if the member received bodily injuries through violent, external, or accidental means and died as a direct result of the bodily injuries and independent of all other causes.
(2)This subdivision does not apply if, at the time of the marriage, the member could not have reasonably been expected to live for 12 months.
(c)Except as excluded by Sections 22661 and 23812, a person who is the registered domestic partner of a member, as established pursuant to Section 297 or 299.2 of the Family Code, shall be treated in the same manner as a spouse.
SEC. 9.Section 1317.1 of the Health and Safety Code is amended to read:1317.1.Unless the context otherwise requires, the following definitions shall control the construction of this article and Section 1371.4:
(a)(1)Emergency services and care means medical screening, examination, and evaluation by a physician and surgeon, or, to the extent permitted by applicable law, by other appropriate licensed persons under the supervision of a physician and surgeon, to determine if an emergency medical condition or active labor exists and, if it does, the care, treatment, and surgery, if within the scope of that persons license, necessary to relieve or eliminate the emergency medical condition, within the capability of the facility.
(2)(A)Emergency services and care also means an additional screening, examination, and evaluation by a physician, or other personnel to the extent permitted by applicable law and within the scope of their licensure and clinical privileges, to determine if a psychiatric emergency medical condition exists, and the care and treatment necessary to relieve or eliminate the psychiatric emergency medical condition, within the capability of the facility.
(B)The care and treatment necessary to relieve or eliminate a psychiatric emergency medical condition may include admission or transfer to a psychiatric unit within a general acute care hospital, as defined in subdivision (a) of Section 1250, or to an acute psychiatric hospital, as defined in subdivision (b) of Section 1250, pursuant to subdivision (k). Nothing in this subparagraph shall be construed to permit a transfer that is in conflict with the Lanterman-Petris-Short Act (Part 1 (commencing with Section 5000) of Division 5 of the Welfare and Institutions Code).
(C)For the purposes of Section 1371.4, emergency services and care as defined in subparagraph (A) shall not apply to Medi-Cal managed care plan contracts entered into with the State Department of Health Care Services pursuant to Chapter 7 (commencing with Section 14000), Chapter 8 (commencing with Section 14200), and Chapter 8.75 (commencing with Section 14590) of Part 3 of Division 9 of the Welfare and Institutions Code, to the extent that those services are excluded from coverage under those contracts.
(D)This paragraph does not expand, restrict, or otherwise affect the scope of licensure or clinical privileges for clinical psychologists or other medical personnel.
(b)Emergency medical condition means a medical condition manifesting itself by acute symptoms of sufficient severity (including severe pain) such that the absence of immediate medical attention could reasonably be expected to result in any of the following:
(1)Placing the patients health in serious jeopardy.
(2)Serious impairment to bodily functions.
(3)Serious dysfunction of any bodily organ or part.
(c)Active labor means a labor at a time at which either of the following would occur:
(1)There is inadequate time to effect safe transfer to another hospital prior to delivery.
(2)A transfer may pose a threat to the health and safety of the patient or the fetus.
(d)Hospital means all hospitals with an emergency department licensed by the state department.
(e)State department means the State Department of Public Health.
(f)Medical hazard means a material deterioration in medical condition in, or jeopardy to, a patients medical condition or expected chances for recovery.
(g)Board means the Medical Board of California.
(h)Within the capability of the facility means those capabilities that the hospital is required to have as a condition of its emergency medical services permit and services specified on Services Inventory Form 7041 filed by the hospital with the Office of Statewide Health Planning and Development. Department of Health Care Access and Information.
(i)Consultation means the rendering of an opinion or advice, prescribing treatment, or the rendering of a decision regarding hospitalization or transfer by telephone or other means of communication. When determined to be medically necessary, jointly by the treating physician and surgeon, or by other appropriate licensed persons acting within their scope of licensure, under the supervision of a physician and surgeon, and the consulting physician and surgeon, consultation includes review of the patients medical record, examination, and treatment of the patient in person by a consulting physician and surgeon, or by other appropriate licensed persons acting within their scope of licensure under the supervision of a consulting physician and surgeon, who is qualified to give an opinion or render the necessary treatment in order to stabilize the patient. A request for consultation shall be made by the treating physician and surgeon, or by other appropriate licensed persons acting within their scope of licensure under the supervision of a treating physician and surgeon, provided the request is made with the contemporaneous approval of the treating physician and surgeon. The treating physician and surgeon may request to communicate directly with the consulting physician and surgeon, and when determined to be medically necessary, jointly by the treating physician and surgeon and the consulting physician and surgeon, the consulting physician and surgeon shall examine and treat the patient in person. The consulting physician and surgeon is ultimately responsible for providing the necessary consultation to the patient, regardless of who makes the in-person appearance.
(j)A patient is stabilized or stabilization has occurred when, in the opinion of the treating physician and surgeon, or other appropriate licensed persons acting within their scope of licensure under the supervision of a treating physician and surgeon, the patients medical condition is such that, within reasonable medical probability, no material deterioration of the patients condition is likely to result from, or occur during, the release or transfer of the patient as provided for in Section 1317.2, Section 1317.2a, or other pertinent statute.
(k)(1)Psychiatric emergency medical condition means a mental disorder that manifests itself by acute symptoms of sufficient severity that it renders the patient as being either of the following:
(A)An immediate danger to themselves or to others.
(B)Immediately unable to provide for, or utilize, food, shelter, or clothing, due to the mental disorder.
(2)This subdivision does not expand, restrict, or otherwise affect the scope of licensure or clinical privileges for clinical psychologists or medical personnel.
(l)This section shall not be construed to expand the scope of licensure for licensed persons providing services pursuant to this section.
SEC. 10.Section 123468.5 is added to the Health and Safety Code, to read:123468.5.(a)(1)California law governs in any action, whether civil, administrative, or criminal, against any person who provides, receives, aids or abets in providing or receiving, or attempts to provide or receive, by any means, including telehealth, the health care services described in paragraph (2) if the provider was located in California care was legal in the state in which it was provided at the time of the challenged conduct.
(2)Reproductive health care services and gender-affirming health care services, including gender-affirming mental health care services, are subject to paragraph (1).
(b)Reproductive health has the same meaning as set forth in Section 1798.300 of the Health and Safety Code.
(c)Gender-affirming health care services and gender-affirming mental health care services have the same meaning as defined in paragraph (3) of subdivision (b) of Section 16010.2 of the Welfare and Institutions Code.
SEC. 11.Section 187 of the Penal Code is amended to read:187.(a)Murder is the unlawful killing of a human being, or a fetus, with malice aforethought.
(b)This section shall not apply to any person who commits an act that results in the death of a fetus if any of the following apply:
(1)The act complied with the former Therapeutic Abortion Act (Article 2 (commencing with Section 123400) of Chapter 2 of Part 2 of Division 106 of the Health and Safety Code) or the Reproductive Privacy Act (Article 2.5 (commencing with Section 123460) of Chapter 2 of Part 2 of Division 106 of the Health and Safety Code).
(2)The act was committed by a holder of a physicians and surgeons certificate, as defined in the Business and Professions Code, in a case where, to a medical certainty, the result of childbirth would be death of the mother of the fetus or where her the mothers death from childbirth, although not medically certain, would be substantially certain or more likely than not.
(3)The act was committed, solicited, aided, abetted, or consented to by the mother of the fetus.
(c)Subdivision (b) shall not be construed to prohibit the prosecution of any person under any other provision of law.
SEC. 12.Section 1549.15 is added to the Penal Code, to read:1549.15.(a)For purposes of this section, the following terms have the following meanings:
(1)Gender-affirming health care and gender-affirming mental health care have the same meaning as in paragraph (3) of subdivision (b) of Section 16010.2 of the Welfare and Institutions Code.
(2)Legally protected health care activity means and includes both of the following acts and omissions by providers and facilitators of reproductive health care services and gender-affirming health care and gender-affirming mental health care to the extent they are not in violation of the constitution or the laws of this state:
(A)Any act or omission undertaken to aid or encourage, or attempt to aid or encourage, a person in the exercise or attempted exercise of laws of this state, or to provide insurance coverage for such services or care.
(B)The provision of such reproductive health care services or gender-affirming health care or gender-affirming mental health care by a person duly licensed under the laws of this state and the provision of insurance coverage for such services or care is permitted under the laws of this state, regardless of the patients location.
(3)Reproductive health care services means and includes all services, care, or products of a medical, surgical, psychiatric, therapeutic, diagnostic, mental health, behavioral health, preventative, rehabilitative, supportive, consultative, referral, prescribing, or dispensing nature relating to the human reproductive system provided in accordance with the constitution and laws of this state, whether provided in person or by means of telehealth services which includes, but is not limited to, all services, care, and products relating to pregnancy, assisted reproduction, contraception, miscarriage management, the termination of a pregnancy, or self-managed terminations.
(b)Notwithstanding Section 1549.1 or any other law law, and except as required by federal law, a demand for the extradition of a person charged with any legally protected health care activity shall not be recognized by the Governor unless the executive authority of the demanding state alleges in writing that the accused was physically present in the demanding state at the time of the commission of the alleged crime, and that thereafter, that person fled from that state. in accordance with Section 1548.2.
SEC. 13.Section 13778.3 is added to the Penal Code, to read:13778.3.(a)For purposes of this section, the following terms shall have the following meaning:
(1)Gender-affirming health care and gender-affirming mental health care have the same meaning as in paragraph (3) of subdivision (b) of Section 16010.2 of the Welfare and Institutions Code.
(2)Legally protected health care activity shall have the same meaning as in Section 1549.15.
(3)Reproductive health care services shall have the same meaning as in Section 1549.15.
(b)A state or local government employee, person or entity contracted by a state or local government, or person or entity acting on behalf of a local or state government shall not cooperate with or provide information to any individual or out-of-state agency or department regarding any legally protected health care activity or otherwise expend or use time, moneys, facilities, property, equipment, personnel, or other resources in furtherance of any investigation or proceeding that seeks to impose civil or criminal liability or professional sanctions upon a person or entity for any legally protected health activity occurring in this state. care activity that occurred in this state or that would be legal if it occurred in this state.
(c)This section does not prohibit compliance with a valid, court-issued subpoena or warrant which does not relate to a law seeking to impose civil or criminal liability or professional sanctions for a legally protected health care activity, or in response to the written request of a person who is the subject of such an investigation or proceeding, to the extent necessary, in each case, to fulfill such request.
(d)Any out-of-state subpoena or warrant shall include an affidavit or declaration under penalty of perjury that the discovery is not in connection with an out-of-state proceeding relating to any legally protected health care activity unless the out-of-state proceeding meets all of the following requirements:
(1)Is based in tort, contract, or on statute.
(2)Is actionable, in an equivalent or similar manner, under the laws of this state.
(3)Was brought by the patient who received legally protected health care activity or the patients legal representative.
SEC. 14.Section 1003 of the Probate Code is amended to read:1003.(a)The court may, on its own motion or on request of a personal representative, guardian, conservator, trustee, or other interested person, appoint a guardian ad litem at any stage of a proceeding under this code to represent the interest of any of the following persons, if the court determines that representation of the interest otherwise would be inadequate:
(1)A minor.
(2)A person who lacks legal capacity to make decisions.
(3)An unborn beneficiary.
(4)An unascertained person.
(5)A person whose identity or address is unknown.
(6)A designated class of persons who are not ascertained or are not in being.
(b)If not precluded by a conflict of interest, a guardian ad litem may be appointed to represent several persons or interests.
(c)The reasonable expenses of the guardian ad litem, including compensation and attorneys fees, shall be determined by the court and paid as the court orders, either out of the property of the estate involved or by the petitioner or from any other source as the court orders.
(d)Before a court appoints a guardian ad litem pursuant to this chapter, a proposed guardian ad litem shall disclose both of the following to the court and all parties to the action or proceeding:
(1)Any known actual or potential conflicts of interest that would or might arise from the appointment.
(2)Any familial or affiliate relationship the proposed guardian ad litem has with any of the parties.
(e)If a guardian ad litem becomes aware that a potential conflict of interest has become an actual conflict of interest or that a new potential or actual conflict of interest exists, the guardian ad litem shall promptly disclose the conflict of interest to the court.
SEC. 15.Section 10954 of the Probate Code is amended to read:10954.(a)Notwithstanding any other provision of this part, the personal representative is not required to file an account if any of the following conditions is satisfied as to each person entitled to distribution from the estate:
(1)The person has executed and filed a written waiver of account or a written acknowledgment that the persons interest has been satisfied.
(2)Adequate provision has been made for satisfaction in full of the persons interest. This paragraph does not apply to a residuary devisee or a devisee whose interest in the estate is subject to abatement, payment of expenses, or accrual of interest or income.
(b)A waiver or acknowledgment under subdivision (a) shall be executed as follows:
(1)If the person entitled to distribution is an adult and competent, by that person.
(2)If the person entitled to distribution is a minor, by a person authorized to receive money or property belonging to the minor. If the waiver or acknowledgment is executed by a guardian of the estate of the minor, the waiver or acknowledgment may be executed without the need to obtain approval of the court in which the guardianship proceeding is pending.
(3)If the person entitled to distribution is a conservatee, by the conservator of the estate of the conservatee. The waiver or acknowledgment may be executed without the need to obtain approval of the court in which the conservatorship proceeding is pending.
(4)If the person entitled to distribution is a trust, by the trustee, but only if the named trustees written acceptance of the trust is filed with the court. In the case of a trust that is subject to the continuing jurisdiction of the court pursuant to Chapter 4 (commencing with Section 17300) of Part 5 of Division 9, the waiver or acknowledgment may be executed without the need to obtain approval of the court.
(5)If the person entitled to distribution is an estate, by the personal representative of the estate. The waiver or acknowledgment may be executed without the need to obtain approval of the court in which the estate is being administered.
(6)If the person entitled to distribution is incapacitated, is an unborn beneficiary, is unascertained, or is a person whose identity or address is unknown, or is a designated class of persons who are not ascertained or are not in being, and there is a guardian ad litem appointed to represent the person entitled to distribution, by the guardian ad litem.
(7)If the person entitled to distribution has designated an attorney in fact who has the power under the power of attorney to execute the waiver or acknowledgment, by either of the following:
(A)The person entitled to distribution if an adult and competent.
(B)The attorney in fact.
(c)Notwithstanding subdivision (a):
(1)The personal representative shall file a final report of administration at the time the final account would otherwise have been required. The final report shall include the amount of compensation paid or payable to the personal representative and to the attorney for the personal representative and shall set forth the basis for determining the amounts.
(2)A creditor whose interest has not been satisfied may petition under Section 10950 for an account.
SEC. 16.Section 15405 of the Probate Code is amended to read:15405.For the purposes of Sections 15403 and 15404, the consent of a beneficiary who lacks legal capacity, including a minor, or who is an unascertained or unborn beneficiary may be given in proceedings before the court by a guardian ad litem, if it would be appropriate to do so. In determining whether to give consent, the guardian ad litem may rely on general family benefit accruing to living members of the beneficiarys family as a basis for approving a modification or termination of the trust.
SEC. 17.Section 19507 of the Probate Code is amended to read:19507.(a)In this section, a notice period begins on the day notice is given under subdivision (c) and ends 59 days after the day notice is given.
(b)An authorized fiduciary may exercise the decanting power without the consent of any person and without court approval in compliance with this part.
(c)Except as otherwise provided in subdivision (h), an authorized fiduciary shall give notice of the intended exercise of the decanting power not later than 60 days before the exercise to all of the following:
(1)Each settlor of the first trust, if living or then in existence.
(2)Each qualified beneficiary of the first trust.
(3)Each holder of a presently exercisable power of appointment over any part or all of the first trust.
(4)Each person that currently has the right to remove or replace the authorized fiduciary.
(5)Each other fiduciary of the first trust.
(6)Each fiduciary of the second trust.
(7)The Attorney General, if subdivision (b) of Section 19514 applies.
(d)Unless the trust instrument provides otherwise, an authorized fiduciary shall give notice under subdivision (c) to the guardian ad litem for a qualified beneficiary who is a minor and has no representative or who is an unascertained or unborn beneficiary. If a guardian ad litem has not been appointed at the time of the notice, the authorized fiduciary shall seek the appointment of one. The court may appoint a guardian ad litem, for purposes of this section, in instances where the only matter before the court is that appointment.
(e)If an authorized fiduciary knows, or has reason to know, that a person entitled to notice under subdivision (c) is substantially unable to manage that persons own financial resources or resist fraud or undue influence, the authorized fiduciary shall give notice under subdivision (c) to that person and to the individual appointed to act on that persons behalf, including, but not limited to, an attorney-in-fact under a power of attorney. If no such individual has been appointed at the time of the notice, the authorized fiduciary shall seek the appointment of such an individual. The court may appoint a guardian ad litem, for purposes of this section, in instances where the only matter before the court is that appointment.
(f)An authorized fiduciary is not required to give notice under subdivision (c) to a person who is known to the fiduciary but cannot be located by the fiduciary after reasonable diligence.
(g)A notice under subdivision (c) shall include all of the following:
(1)A description of the manner in which the authorized fiduciary intends to exercise the decanting power, which shall include a statement as to the authorized fiduciarys reason for the proposed decanting and an explanation as to the differences between the first trust and the second trust or trusts.
(2)The proposed effective date for exercise of the power.
(3)A copy of the first trust instrument.
(4)A copy of all second trust instruments.
(5)A warning, set out in a separate paragraph in not less than 10-point bold type, or a reasonable equivalent thereof, that states the following:
If you do not bring a court action to contest the proposed trust decanting (the proposed changes to the trust) within 59 days of this notice, you will lose your right to contest the decanting.
(h)The decanting power may be exercised before expiration of the notice period under subdivision (a) if all persons entitled to receive notice waive the period in a signed waiver.
(i)The receipt of notice, waiver of the notice period, or expiration of the notice period does not affect the right of a person to file an application under Section 19509 that asserts either of the following:
(1)An attempted exercise of the decanting power is ineffective because it did not comply with this part or was an abuse of discretion or breach of fiduciary duty.
(2)Section 19522 applies to the exercise of the decanting power.
(j)The notice required by this section shall be served by mail to the last known address, pursuant to Section 1215, or by personal delivery.
SEC. 18.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.
SEC. 19.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
SEC. 19.SEC. 20.The Legislature finds and declares that the titles added to the Civil Code by this act further the purpose and intent of the California Privacy Rights Act of 2020, enacted by Proposition 24 at the November 3, 2020, statewide election, within the meaning of Section 25 of Proposition 24.
(a)Notwithstanding any other law, a board shall not suspend or revoke the license of a person regulated under this division solely because that person provided a legally protected health care activity, as defined in Section 1798.300 of the Civil Code.
(b)Notwithstanding any other law, a board shall not deny an application for licensure under this division or suspend, revoke, or otherwise impose discipline upon a person licensed pursuant to this division because the person was disciplined for or convicted of an offense in another state in which they were licensed if the suspension, revocation, or other discipline was for providing a legally protected health care activity, as defined in Section 1798.300 of the Civil Code.
(c)The performance, recommendation, or provision of any legally protected health care activity, as defined in Section 1798.300 of the Civil Code, by a health care practitioner acting within their scope of practice, for a patient who resides in a state in which the performance, recommendation, or provision of that legally protected health care activity is illegal, shall not, by itself, constitute professional misconduct under this division or any regulation governing the licensure, certification, or authorization of such practitioner, nor shall any license, certification or authorization of a health care practitioner be revoked, suspended, or annulled or otherwise subject to any other penalty or discipline provided in this division solely on the basis that the health care practitioner performed, recommended, or provided any legally protected health care activity for a patient who resides in a state in which the performance, recommendation, or provision of that legally protected health service is illegal.
SECTION 1.SEC. 2.Section 2746.5 of the Business and Professions Code is amended to read:2746.5.(a)The certificate to practice nurse-midwifery authorizes the holder to attend cases of low-risk pregnancy and childbirth and to provide prenatal, intrapartum, and postpartum care, including interconception care, family planning care, and immediate care for the newborn, consistent with the Core Competencies for Basic Midwifery Practice adopted by the American College of Nurse-Midwives, or its successor national professional organization, as approved by the board. For purposes of this subdivision, low-risk pregnancy means a pregnancy in which all of the following conditions are met:
(1)There is a single fetus.
(2)There is a cephalic presentation at onset of labor.
(3)The gestational age of the fetus is greater than or equal to 37 weeks and zero days and less than or equal to 42 weeks and zero days at the time of delivery.
(4)Labor is spontaneous or induced.
(5)The patient has no preexisting disease or condition, whether arising out of the pregnancy or otherwise, that adversely affects the pregnancy and that the certified nurse-midwife is not qualified to independently address consistent with this section.
(b)(1)The certificate to practice nurse-midwifery authorizes the holder to practice with a physician and surgeon under mutually agreed-upon policies and protocols that delineate the parameters for consultation, collaboration, referral, and transfer of a patients care, signed by both the certified nurse-midwife and a physician and surgeon to do either of the following:
(A)Provide a patient with care that falls outside the scope of services specified in subdivision (a).
(B)Provide intrapartum care to a patient who has had a prior cesarean section or surgery that interrupts the myometrium.
(2)If a physician and surgeon assumes care of the patient, the certified nurse-midwife may continue to attend the birth of the newborn and participate in physical care, counseling, guidance, teaching, and support, as indicated by the mutually agreed-upon policies and protocols signed by both the certified nurse-midwife and a physician and surgeon.
(3)After a certified nurse-midwife refers a patient to a physician and surgeon, the certified nurse-midwife may continue care of the patient during a reasonable interval between the referral and the initial appointment with the physician and surgeon.
(c)(1)If a nurse-midwife does not have in place mutually agreed-upon policies and protocols that delineate the parameters for consultation, collaboration, referral, and transfer of a patients care, signed by both the certified nurse-midwife and a physician and surgeon pursuant to paragraph (1) of subdivision (b), the patient shall be transferred to the care of a physician and surgeon to do either or both of the following:
(A)Provide a patient with care that falls outside the scope of services specified in subdivision (a).
(B)Provide intrapartum care to a patient who has had a prior cesarean section or surgery that interrupts the myometrium.
(2)After the certified nurse-midwife initiates the process of transfer pursuant to paragraph (1), for a patient who otherwise meets the definition of a low-risk pregnancy but no longer meets the criteria specified in paragraph (3) of subdivision (a) because the gestational age of the fetus is greater than 42 weeks and zero days, if there is inadequate time to effect safe transfer to a hospital prior to delivery or transfer may pose a threat to the health and safety of the patient or the fetus, the certified nurse-midwife may continue care of the patient consistent with the transfer plan described in subdivision (a) of Section 2746.54.
(3)A patient who has been transferred from the care of a certified nurse-midwife to that of a physician and surgeon may return to the care of the certified nurse-midwife after the physician and surgeon has determined that the condition or circumstance that required, or would require, the transfer from the care of the nurse-midwife pursuant to paragraph (1) is resolved.
(d)The certificate to practice nurse-midwifery authorizes the holder to attend pregnancy and childbirth in an out-of-hospital setting if consistent with subdivisions (a), (b), and (c).
(e)This section shall not be interpreted to deny a patients right to self-determination or informed decisionmaking with regard to choice of provider or birth setting.
(f)The certificate to practice nurse-midwifery does not authorize the holder of the certificate to assist childbirth by vacuum or forceps extraction, or to perform any external cephalic version.
(g)A certified nurse-midwife shall document all consultations, referrals, and transfers in the patient record.
(h)(1)A certified nurse-midwife shall refer all emergencies to a physician and surgeon immediately.
(2)A certified nurse-midwife may provide emergency care until the assistance of a physician and surgeon is obtained.
(i)This chapter does not authorize a nurse-midwife to practice medicine or surgery.
(j)This section shall not be construed to require a physician and surgeon to sign protocols and procedures for a nurse-midwife or to permit any action that violates Section 2052 or 2400.
(k)This section shall not be construed to require a nurse-midwife to have mutually agreed-upon, signed policies and protocols for the provision of services described in subdivision (a).
SEC. 3.Title 1.81.49 (commencing with Section 1798.99.90) is added to Part 4 of Division 3 of the Civil Code, to read:1.81.49.Family Planning Center Location Data1798.99.90.(a)A business that tracks, uses, collects, or stores geographic location data shall not track, use, store, or sell data that contains the personally identifying information of a person physically located in or in close proximity to a family planning center.
(b)For purposes of this section, family planning center means a business categorized as a family planning center by the North American Industry Classification System adopted by the United States Census Bureau, including, but not limited to, an abortion clinic, birth control clinic, pregnancy counseling center, or reproductive health services center.
(c)An aggrieved person or entity, including a family planning center, may institute and prosecute a civil action against any person or business who violates this section for injunctive and monetary relief and attorneys fees within three years of discovery of the violation.
SEC. 4.Title 1.81.7 (commencing with Section 1798.300) is added to Part 4 of Division 3 of the Civil Code, to read:1.81.7.Reproductive and Gender-Affirming Health Care Services1798.300.As used in this title, the following definitions apply:
(a)Abusive litigation means litigation or other legal action to deter, prevent, sanction, or punish a person engaging in legally protected health care activity by either of the following:
(1)Filing or prosecuting an action in a state other than California where liability, in whole or part, directly or indirectly, is based on a legally protected health care activity that occurred in California, including an action in which liability is based on a theory of vicarious, joint, or several liability.
(2)Attempting to enforce an order or judgment issued in connection with an action described in paragraph (1) by a party to the action or a person acting on behalf of a party to the action. A lawsuit shall be considered to be based on conduct that occurred in California if a part of an act or omission involved in the course of conduct that forms the basis for liability in the lawsuit occurs or is initiated in California, whether or not the act or omission is alleged or included in a pleading or other filing in the lawsuit.
(b)Gender-affirming health care services and gender-affirming mental health care services have the same meaning as defined in paragraph (3) of subdivision (b) of Section 16010.2 of the Welfare and Institutions Code.
(c)(1)Legally protected health care activity means any of the following:
(A)The exercise and enjoyment, or attempted exercise and enjoyment, by a person of rights to reproductive health care services, gender-affirming health care services, or gender-affirming mental health care services secured by the Constitution or laws of California or the provision of insurance coverage for such services.
(B)An act or omission undertaken to aid or encourage, or attempt to aid or encourage, a person in the exercise and enjoyment or attempted exercise and enjoyment of rights to reproductive health care services, gender-affirming health care services, or gender-affirming mental health care services secured by the Constitution or laws of California.
(C)The provision of the health care services by a person duly licensed under the laws of California and physically present in California and the provision of insurance coverage for the services, if the service is permitted under the laws of California, regardless of the patients location.
(2)Legally protected health care activity does not include a service rendered below the applicable professional standard of care or that would violate antidiscrimination laws of California.
(d)Reproductive health care services means and includes all services, care, or products of a medical, surgical, psychiatric, therapeutic, diagnostic, mental health, behavioral health, preventative, rehabilitative, supportive, consultative, referral, prescribing, or dispensing nature relating to the human reproductive system provided in accordance with the constitution and laws of this state, whether provided in person or by means of telehealth services which includes, but is not limited to, all services, care, and products relating to pregnancy, assisted reproduction, contraception, miscarriage management, the termination of a pregnancy, or self-managed terminations.
1798.301.Access to reproductive health care services and gender-affirming health care services is a right secured by the Constitution and laws of California. Interference with this right, whether or not under the color of law, is against the public policy of California.
1798.302.A public act or record of a foreign jurisdiction that prohibits, criminalizes, sanctions, authorizes a person to bring a civil action against, or otherwise interferes with a person, provider, or other entity in California that seeks, receives, causes, aids in access to, aids, abets, provides, or attempts or intends to seek, receive, cause, aid in access to, aid, abet, or provide, reproductive health care services or gender-affirming health care services shall be an interference with the exercise and enjoyment of the rights secured by the Constitution and laws of California and shall be a violation of the public policy of California.
1798.303.If a person, including a plaintiff, prosecutor, attorney, or law firm, whether or not acting under color of law, engages or attempts to engage in abusive litigation that infringes on or interferes with, or attempts to infringe on or interfere with, a legally protected health care activity, then an aggrieved person, provider, carrier, or other entity, including a defendant in the abusive litigation, may institute and prosecute a civil action for injunctive, monetary, or other appropriate relief within three years after the cause of action accrues.
1798.304.An aggrieved person, provider, or other entity, including a defendant in abusive litigation, may move to modify or quash a subpoena issued in connection with abusive litigation on the grounds that the subpoena is unreasonable, oppressive, or inconsistent with the public policy of California.
1798.305.If the court finds for the petitioner in an action authorized by Section 1798.303, recovery shall be in the amount of three times the amount of actual damages, which shall include damages for the amount of a judgment issued in connection with an abusive litigation, and any other expenses, costs, or reasonable attorneys fees incurred in connection with the abusive litigation.
1798.306.(a)A court may exercise jurisdiction over a person in an action authorized by Section 1798.303 if any of the following apply:
(1)Personal jurisdiction is found under Section 410.10 of the Code of Civil Procedure.
(2)The person has commenced an action in a court in California and, during the pendency of that action or an appeal therefrom, a summons and complaint is served on the person or the attorney appearing on the persons behalf in that action or as otherwise permitted by law.
(3)The exercise of jurisdiction is permitted under the Constitution of the United States.
(b)This section does not apply to a lawsuit or judgment entered in another state that is based on conduct for which a cause of action exists under the laws of California, including a contract, tort, common law, or statutory claims.
1798.307.Notwithstanding any other law, the laws of California shall govern in a case or controversy heard in California related to reproductive health care services or gender-affirming health care services, except as may be required by federal law.
1798.308.This title shall not be construed to provide jurisdiction over a California resident in an out-of-state forum when the California resident has not availed themselves of that forum.
SEC. 2.SEC. 5.Section 762.020 of the Code of Civil Procedure is amended to read:762.020.(a)If the name of a person required to be named as a defendant is not known to the plaintiff, the plaintiff shall so state in the complaint and shall name as parties all persons unknown in the manner provided in Section 762.060.
(b)If the claim or the share or quantity of the claim of a person required to be named as a defendant is unknown, uncertain, or contingent, the plaintiff shall so state in the complaint. If the lack of knowledge, uncertainty, or contingency is caused by a transfer to an unborn or unascertained beneficiary or class member, or by a transfer in the form of a contingent remainder, vested remainder subject to defeasance, executory interest, or similar disposition, the plaintiff shall also state in the complaint, so far as is known to the plaintiff, the name, age, and legal disability (if any) of the person in being who would be entitled to the claim had the contingency upon which the claim depends occurred prior to the commencement of the action.
SEC. 3.SEC. 6.Section 872.520 of the Code of Civil Procedure is amended to read:872.520.(a)If the name of a person described in Section 872.510 is not known to the plaintiff, the plaintiff shall so state in the complaint and shall name as parties all persons unknown in the manner provided in Section 872.550.
(b)If the ownership or the share or quantity of the interest of a person described in Section 872.510 is unknown, uncertain, or contingent, the plaintiff shall so state in the complaint. If the lack of knowledge, uncertainty, or contingency is caused by a transfer to an unborn or unascertained beneficiary or class member, or by a transfer in the form of a contingent remainder, vested remainder subject to defeasance, executory interest, or similar disposition, the plaintiff shall also state in the complaint, so far as is known to the plaintiff, the name, age, and legal disability (if any) of the person in being who would be entitled to ownership of the interest had the contingency upon which the right of such person depends occurred prior to the commencement of the action.
(c)The court shall upon its own motion or upon motion of any party make such orders for joinder of additional parties and for appointment of guardians ad litem pursuant to Sections 372, 373, and 373.5 as are necessary or proper.
SEC. 7.Section 1710.50 of the Code of Civil Procedure is amended to read:1710.50.(a)The court shall grant a stay of enforcement where:
(1)An appeal from the sister state judgment is pending or may be taken in the state which originally rendered the judgment. Under this paragraph, enforcement shall be stayed until the proceedings on appeal have been concluded or the time for appeal has expired.
(2)A stay of enforcement of the sister state judgment has been granted in the sister state. Under this paragraph, enforcement shall be stayed until the sister state stay of enforcement expires or is vacated.
(3)The judgment debtor has made a motion to vacate pursuant to Section 1710.40. Under this paragraph, enforcement shall be stayed until the judgment debtors motion to vacate is determined.
(4)A money judgment was obtained against a person or entity for exercising a right guaranteed under the United States Constitution as interpreted by the United States Supreme Court precedent at the time the right was exercised, or a right guaranteed under the California Constitution, or against a person or entity for aiding and abetting the exercise of said rights.
(4)(5)Any other circumstance exists where the interests of justice require a stay of enforcement.
(b)The court may grant a stay of enforcement under this section on its own motion, on ex parte motion, or on noticed motion.
(c)The court shall grant a stay of enforcement under this section on such terms and conditions as are just including but not limited to the following:
(1)The court may require an undertaking in an amount it determines to be just, but the amount of the undertaking shall not exceed double the amount of the judgment creditors claim.
(2)If a writ of execution has been issued, the court may order that it remain in effect.
(3)If property of the judgment debtor has been levied upon under a writ of execution, the court may order the levying officer to retain possession of the property capable of physical possession and to maintain the levy on other property.
SEC. 4.SEC. 8.Section 22171 of the Education Code is amended to read:22171.(a)Spouse means a person who was continuously married to the member for the period beginning at least 12 months prior to the death of the member, unless a child is born to the member and the members spouse within the 12-month period or unless the spouse is carrying a fetus, conceived with the member.
(b)Spouse also means a person who was married to the member for less than 12 months, if the members death was either accidental, or due to an illness, and the marriage took place prior to the occurrence of the injury or diagnosis of the illness that resulted in death.
(1)A members death is defined as accidental only if the member received bodily injuries through violent, external, or accidental means and died as a direct result of the bodily injuries and independent of all other causes.
(2)This subdivision does not apply if, at the time of the marriage, the member could not have reasonably been expected to live for 12 months.
(c)Except as excluded by Sections 22661 and 23812, a person who is the registered domestic partner of a member, as established pursuant to Section 297 or 299.2 of the Family Code, shall be treated in the same manner as a spouse.
SEC. 5.SEC. 9.Section 1317.1 of the Health and Safety Code is amended to read:1317.1.Unless the context otherwise requires, the following definitions shall control the construction of this article and Section 1371.4:
(a)(1)Emergency services and care means medical screening, examination, and evaluation by a physician and surgeon, or, to the extent permitted by applicable law, by other appropriate licensed persons under the supervision of a physician and surgeon, to determine if an emergency medical condition or active labor exists and, if it does, the care, treatment, and surgery, if within the scope of that persons license, necessary to relieve or eliminate the emergency medical condition, within the capability of the facility.
(2)(A)Emergency services and care also means an additional screening, examination, and evaluation by a physician, or other personnel to the extent permitted by applicable law and within the scope of their licensure and clinical privileges, to determine if a psychiatric emergency medical condition exists, and the care and treatment necessary to relieve or eliminate the psychiatric emergency medical condition, within the capability of the facility.
(B)The care and treatment necessary to relieve or eliminate a psychiatric emergency medical condition may include admission or transfer to a psychiatric unit within a general acute care hospital, as defined in subdivision (a) of Section 1250, or to an acute psychiatric hospital, as defined in subdivision (b) of Section 1250, pursuant to subdivision (k). Nothing in this subparagraph shall be construed to permit a transfer that is in conflict with the Lanterman-Petris-Short Act (Part 1 (commencing with Section 5000) of Division 5 of the Welfare and Institutions Code).
(C)For the purposes of Section 1371.4, emergency services and care as defined in subparagraph (A) shall not apply to Medi-Cal managed care plan contracts entered into with the State Department of Health Care Services pursuant to Chapter 7 (commencing with Section 14000), Chapter 8 (commencing with Section 14200), and Chapter 8.75 (commencing with Section 14590) of Part 3 of Division 9 of the Welfare and Institutions Code, to the extent that those services are excluded from coverage under those contracts.
(D)This paragraph does not expand, restrict, or otherwise affect the scope of licensure or clinical privileges for clinical psychologists or other medical personnel.
(b)Emergency medical condition means a medical condition manifesting itself by acute symptoms of sufficient severity (including severe pain) such that the absence of immediate medical attention could reasonably be expected to result in any of the following:
(1)Placing the patients health in serious jeopardy.
(2)Serious impairment to bodily functions.
(3)Serious dysfunction of any bodily organ or part.
(c)Active labor means a labor at a time at which either of the following would occur:
(1)There is inadequate time to effect safe transfer to another hospital prior to delivery.
(2)A transfer may pose a threat to the health and safety of the patient or the fetus.
(d)Hospital means all hospitals with an emergency department licensed by the state department.
(e)State department means the State Department of Public Health.
(f)Medical hazard means a material deterioration in medical condition in, or jeopardy to, a patients medical condition or expected chances for recovery.
(g)Board means the Medical Board of California.
(h)Within the capability of the facility means those capabilities that the hospital is required to have as a condition of its emergency medical services permit and services specified on Services Inventory Form 7041 filed by the hospital with the Office of Statewide Health Planning and Development.
(i)Consultation means the rendering of an opinion or advice, prescribing treatment, or the rendering of a decision regarding hospitalization or transfer by telephone or other means of communication. When determined to be medically necessary, jointly by the treating physician and surgeon, or by other appropriate licensed persons acting within their scope of licensure, under the supervision of a physician and surgeon, and the consulting physician and surgeon, consultation includes review of the patients medical record, examination, and treatment of the patient in person by a consulting physician and surgeon, or by other appropriate licensed persons acting within their scope of licensure under the supervision of a consulting physician and surgeon, who is qualified to give an opinion or render the necessary treatment in order to stabilize the patient. A request for consultation shall be made by the treating physician and surgeon, or by other appropriate licensed persons acting within their scope of licensure under the supervision of a treating physician and surgeon, provided the request is made with the contemporaneous approval of the treating physician and surgeon. The treating physician and surgeon may request to communicate directly with the consulting physician and surgeon, and when determined to be medically necessary, jointly by the treating physician and surgeon and the consulting physician and surgeon, the consulting physician and surgeon shall examine and treat the patient in person. The consulting physician and surgeon is ultimately responsible for providing the necessary consultation to the patient, regardless of who makes the in-person appearance.
(j)A patient is stabilized or stabilization has occurred when, in the opinion of the treating physician and surgeon, or other appropriate licensed persons acting within their scope of licensure under the supervision of a treating physician and surgeon, the patients medical condition is such that, within reasonable medical probability, no material deterioration of the patients condition is likely to result from, or occur during, the release or transfer of the patient as provided for in Section 1317.2, Section 1317.2a, or other pertinent statute.
(k)(1)Psychiatric emergency medical condition means a mental disorder that manifests itself by acute symptoms of sufficient severity that it renders the patient as being either of the following:
(A)An immediate danger to themselves or to others.
(B)Immediately unable to provide for, or utilize, food, shelter, or clothing, due to the mental disorder.
(2)This subdivision does not expand, restrict, or otherwise affect the scope of licensure or clinical privileges for clinical psychologists or medical personnel.
(l)This section shall not be construed to expand the scope of licensure for licensed persons providing services pursuant to this section.
SEC. 10.Section 123468.5 is added to the Health and Safety Code, to read:123468.5.(a)(1)California law governs in any action, whether civil, administrative, or criminal, against any person who provides, receives, aids or abets in providing or receiving, or attempts to provide or receive, by any means, including telehealth, the health care services described in paragraph (2) if the provider was located in California at the time of the challenged conduct.
(2)Reproductive health care services and gender-affirming health care services, including gender-affirming mental health care services, are subject to paragraph (1).
(b)Reproductive health has the same meaning as set forth in Section 1798.300 of the Health and Safety Code.
(c)Gender-affirming health care services and gender-affirming mental health care services have the same meaning as defined in paragraph (3) of subdivision (b) of Section 16010.2 of the Welfare and Institutions Code.
SEC. 11.Section 187 of the Penal Code is amended to read:187.(a)Murder is the unlawful killing of a human being, or a fetus, with malice aforethought.
(b)This section shall not apply to any person who commits an act that results in the death of a fetus if any of the following apply:
(1)The act complied with the former Therapeutic Abortion Act, Article Act (Article 2 (commencing with Section 123400) of Chapter 2 of Part 2 of Division 106 of the Health and Safety Code. Code) or the Reproductive Privacy Act (Article 2.5 (commencing with Section 123460) of Chapter 2 of Part 2 of Division 106 of the Health and Safety Code).
(2)The act was committed by a holder of a physicians and surgeons certificate, as defined in the Business and Professions Code, in a case where, to a medical certainty, the result of childbirth would be death of the mother of the fetus or where her death from childbirth, although not medically certain, would be substantially certain or more likely than not.
(3)The act was committed, solicited, aided, abetted, or consented to by the mother of the fetus.
(c)Subdivision (b) shall not be construed to prohibit the prosecution of any person under any other provision of law.
SEC. 12.Section 1549.15 is added to the Penal Code, to read:1549.15.(a)For purposes of this section, the following terms have the following meanings:
(1)Gender-affirming health care and gender-affirming mental health care have the same meaning as in paragraph (3) of subdivision (b) of Section 16010.2 of the Welfare and Institutions Code.
(2)Legally protected health activity means and includes both of the following acts and omissions by providers and facilitators of reproductive health services and gender-affirming health care and gender-affirming mental health care to the extent they are not in violation of the constitution or the laws of this state:
(A)Any act or omission undertaken to aid or encourage, or attempt to aid or encourage, a person in the exercise or attempted exercise of laws of this state, or to provide insurance coverage for such services or care.
(B)The provision of such reproductive health services or gender-affirming health care or gender-affirming mental health care by a person duly licensed under the laws of this state and the provision of insurance coverage for such services or care is permitted under the laws of this state, regardless of the patients location.
(3)Reproductive health services means and includes all services, care, or products of a medical, surgical, psychiatric, therapeutic, diagnostic, mental health, behavioral health, preventative, rehabilitative, supportive, consultative, referral, prescribing, or dispensing nature relating to the human reproductive system provided in accordance with the constitution and laws of this state, whether provided in person or by means of telehealth services which includes, but is not limited to, all services, care, and products relating to pregnancy, assisted reproduction, contraception, miscarriage management, the termination of a pregnancy, or self-managed terminations.
(b)Notwithstanding any other law and except as required by federal law, a demand for the extradition of a person charged with any legally protected health activity shall not be recognized by the Governor unless the executive authority of the demanding state alleges in writing that the accused was physically present in the demanding state at the time of the commission of the alleged crime, and that thereafter, that person fled from that state.
SEC. 13.Section 13778.3 is added to the Penal Code, to read:13778.3.(a)For purposes of this section, the following terms shall have the following meaning:
(1)Gender-affirming health care and gender-affirming mental health care have the same meaning as in paragraph (3) of subdivision (b) of Section 16010.2 of the Welfare and Institutions Code.
(2)Legally protected health activity shall have the same meaning as in Section 1549.15.
(3)Reproductive health services shall have the same meaning as in Section 1549.15.
(b)A state or local government employee, person or entity contracted by a state or local government, or person or entity acting on behalf of a local or state government shall not cooperate with or provide information to any individual or out-of-state agency or department regarding any legally protected health activity or otherwise expend or use time, moneys, facilities, property, equipment, personnel, or other resources in furtherance of any investigation or proceeding that seeks to impose civil or criminal liability or professional sanctions upon a person or entity for any legally protected health activity occurring in this state.
(c)This section does not prohibit compliance with a valid, court-issued subpoena or warrant which does not relate to a law seeking to impose civil or criminal liability or professional sanctions for a legally protected health activity, or in response to the written request of a person who is the subject of such an investigation or proceeding, to the extent necessary, in each case, to fulfill such request.
SEC. 6.SEC. 14.Section 1003 of the Probate Code is amended to read:1003.(a)The court may, on its own motion or on request of a personal representative, guardian, conservator, trustee, or other interested person, appoint a guardian ad litem at any stage of a proceeding under this code to represent the interest of any of the following persons, if the court determines that representation of the interest otherwise would be inadequate:
(1)A minor.
(2)A person who lacks legal capacity to make decisions.
(3)An unborn beneficiary.
(4)An unascertained person.
(5)A person whose identity or address is unknown.
(6)A designated class of persons who are not ascertained or are not in being.
(b)If not precluded by a conflict of interest, a guardian ad litem may be appointed to represent several persons or interests.
(c)The reasonable expenses of the guardian ad litem, including compensation and attorneys fees, shall be determined by the court and paid as the court orders, either out of the property of the estate involved or by the petitioner or from any other source as the court orders.
(d)Before a court appoints a guardian ad litem pursuant to this chapter, a proposed guardian ad litem shall disclose both of the following to the court and all parties to the action or proceeding:
(1)Any known actual or potential conflicts of interest that would or might arise from the appointment.
(2)Any familial or affiliate relationship the proposed guardian ad litem has with any of the parties.
(e)If a guardian ad litem becomes aware that a potential conflict of interest has become an actual conflict of interest or that a new potential or actual conflict of interest exists, the guardian ad litem shall promptly disclose the conflict of interest to the court.
SEC. 7.SEC. 15.Section 10954 of the Probate Code is amended to read:10954.(a)Notwithstanding any other provision of this part, the personal representative is not required to file an account if any of the following conditions is satisfied as to each person entitled to distribution from the estate:
(1)The person has executed and filed a written waiver of account or a written acknowledgment that the persons interest has been satisfied.
(2)Adequate provision has been made for satisfaction in full of the persons interest. This paragraph does not apply to a residuary devisee or a devisee whose interest in the estate is subject to abatement, payment of expenses, or accrual of interest or income.
(b)A waiver or acknowledgment under subdivision (a) shall be executed as follows:
(1)If the person entitled to distribution is an adult and competent, by that person.
(2)If the person entitled to distribution is a minor, by a person authorized to receive money or property belonging to the minor. If the waiver or acknowledgment is executed by a guardian of the estate of the minor, the waiver or acknowledgment may be executed without the need to obtain approval of the court in which the guardianship proceeding is pending.
(3)If the person entitled to distribution is a conservatee, by the conservator of the estate of the conservatee. The waiver or acknowledgment may be executed without the need to obtain approval of the court in which the conservatorship proceeding is pending.
(4)If the person entitled to distribution is a trust, by the trustee, but only if the named trustees written acceptance of the trust is filed with the court. In the case of a trust that is subject to the continuing jurisdiction of the court pursuant to Chapter 4 (commencing with Section 17300) of Part 5 of Division 9, the waiver or acknowledgment may be executed without the need to obtain approval of the court.
(5)If the person entitled to distribution is an estate, by the personal representative of the estate. The waiver or acknowledgment may be executed without the need to obtain approval of the court in which the estate is being administered.
(6)If the person entitled to distribution is incapacitated, is an unborn beneficiary, is unascertained, or is a person whose identity or address is unknown, or is a designated class of persons who are not ascertained or are not in being, and there is a guardian ad litem appointed to represent the person entitled to distribution, by the guardian ad litem.
(7)If the person entitled to distribution has designated an attorney in fact who has the power under the power of attorney to execute the waiver or acknowledgment, by either of the following:
(A)The person entitled to distribution if an adult and competent.
(B)The attorney in fact.
(c)Notwithstanding subdivision (a):
(1)The personal representative shall file a final report of administration at the time the final account would otherwise have been required. The final report shall include the amount of compensation paid or payable to the personal representative and to the attorney for the personal representative and shall set forth the basis for determining the amounts.
(2)A creditor whose interest has not been satisfied may petition under Section 10950 for an account.
SEC. 8.SEC. 16.Section 15405 of the Probate Code is amended to read:15405.For the purposes of Sections 15403 and 15404, the consent of a beneficiary who lacks legal capacity, including a minor, or who is an unascertained or unborn beneficiary may be given in proceedings before the court by a guardian ad litem, if it would be appropriate to do so. In determining whether to give consent, the guardian ad litem may rely on general family benefit accruing to living members of the beneficiarys family as a basis for approving a modification or termination of the trust.
SEC. 9.SEC. 17.Section 19507 of the Probate Code is amended to read:19507.(a)In this section, a notice period begins on the day notice is given under subdivision (c) and ends 59 days after the day notice is given.
(b)An authorized fiduciary may exercise the decanting power without the consent of any person and without court approval in compliance with this part.
(c)Except as otherwise provided in subdivision (h), an authorized fiduciary shall give notice of the intended exercise of the decanting power not later than 60 days before the exercise to all of the following:
(1)Each settlor of the first trust, if living or then in existence.
(2)Each qualified beneficiary of the first trust.
(3)Each holder of a presently exercisable power of appointment over any part or all of the first trust.
(4)Each person that currently has the right to remove or replace the authorized fiduciary.
(5)Each other fiduciary of the first trust.
(6)Each fiduciary of the second trust.
(7)The Attorney General, if subdivision (b) of Section 19514 applies.
(d)Unless the trust instrument provides otherwise, an authorized fiduciary shall give notice under subdivision (c) to the guardian ad litem for a qualified beneficiary who is a minor and has no representative or who is an unascertained or unborn beneficiary. If a guardian ad litem has not been appointed at the time of the notice, the authorized fiduciary shall seek the appointment of one. The court may appoint a guardian ad litem, for purposes of this section, in instances where the only matter before the court is that appointment.
(e)If an authorized fiduciary knows, or has reason to know, that a person entitled to notice under subdivision (c) is substantially unable to manage that persons own financial resources or resist fraud or undue influence, the authorized fiduciary shall give notice under subdivision (c) to that person and to the individual appointed to act on that persons behalf, including, but not limited to, an attorney-in-fact under a power of attorney. If no such individual has been appointed at the time of the notice, the authorized fiduciary shall seek the appointment of such an individual. The court may appoint a guardian ad litem, for purposes of this section, in instances where the only matter before the court is that appointment.
(f)An authorized fiduciary is not required to give notice under subdivision (c) to a person who is known to the fiduciary but cannot be located by the fiduciary after reasonable diligence.
(g)A notice under subdivision (c) shall include all of the following:
(1)A description of the manner in which the authorized fiduciary intends to exercise the decanting power, which shall include a statement as to the authorized fiduciarys reason for the proposed decanting and an explanation as to the differences between the first trust and the second trust or trusts.
(2)The proposed effective date for exercise of the power.
(3)A copy of the first trust instrument.
(4)A copy of all second trust instruments.
(5)A warning, set out in a separate paragraph in not less than 10-point bold type, or a reasonable equivalent thereof, that states the following:
If you do not bring a court action to contest the proposed trust decanting (the proposed changes to the trust) within 59 days of this notice, you will lose your right to contest the decanting.
(h)The decanting power may be exercised before expiration of the notice period under subdivision (a) if all persons entitled to receive notice waive the period in a signed waiver.
(i)The receipt of notice, waiver of the notice period, or expiration of the notice period does not affect the right of a person to file an application under Section 19509 that asserts either of the following:
(1)An attempted exercise of the decanting power is ineffective because it did not comply with this part or was an abuse of discretion or breach of fiduciary duty.
(2)Section 19522 applies to the exercise of the decanting power.
(j)The notice required by this section shall be served by mail to the last known address, pursuant to Section 1215, or by personal delivery.
SEC. 18.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.
SEC. 19.The Legislature finds and declares that the titles added to the Civil Code by this act further the purpose and intent of the California Privacy Rights Act of 2020, enacted by Proposition 24 at the November 3, 2020, statewide election, within the meaning of Section 25 of Proposition 24.
(a)The certificate to practice nurse-midwifery authorizes the holder to attend cases of low-risk pregnancy and childbirth and to provide prenatal, intrapartum, and postpartum care, including interconception care, family planning care, and immediate care for the newborn, consistent with the Core Competencies for Basic Midwifery Practice adopted by the American College of Nurse-Midwives, or its successor national professional organization, as approved by the board. For purposes of this subdivision, low-risk pregnancy means a pregnancy in which all of the following conditions are met:
(1)There is a single fetus.
(2)There is a cephalic presentation at onset of labor.
(3)The gestational age of the fetus is greater than or equal to 37 weeks and zero days and less than or equal to 42 weeks and zero days at the time of delivery.
(4)Labor is spontaneous or induced.
(5)The patient has no preexisting disease or condition, whether arising out of the pregnancy or otherwise, that adversely affects the pregnancy and that the certified nurse-midwife is not qualified to independently address consistent with this section.
(b)(1)The certificate to practice nurse-midwifery authorizes the holder to practice with a physician and surgeon under mutually agreed-upon policies and protocols that delineate the parameters for consultation, collaboration, referral, and transfer of a patients care, signed by both the certified nurse-midwife and a physician and surgeon to do either of the following:
(A)Provide a patient with care that falls outside the scope of services specified in subdivision (a).
(B)Provide intrapartum care to a patient who has had a prior cesarean section or surgery that interrupts the myometrium.
(2)If a physician and surgeon assumes care of the patient, the certified nurse-midwife may continue to attend the birth of the newborn and participate in physical care, counseling, guidance, teaching, and support, as indicated by the mutually agreed-upon policies and protocols signed by both the certified nurse-midwife and a physician and surgeon.
(3)After a certified nurse-midwife refers a patient to a physician and surgeon, the certified nurse-midwife may continue care of the patient during a reasonable interval between the referral and the initial appointment with the physician and surgeon.
(c)(1)If a nurse-midwife does not have in place mutually agreed-upon policies and protocols that delineate the parameters for consultation, collaboration, referral, and transfer of a patients care, signed by both the certified nurse-midwife and a physician and surgeon pursuant to paragraph (1) of subdivision (b), the patient shall be transferred to the care of a physician and surgeon to do either or both of the following:
(A)Provide a patient with care that falls outside the scope of services specified in subdivision (a).
(B)Provide intrapartum care to a patient who has had a prior cesarean section or surgery that interrupts the myometrium.
(2)After the certified nurse-midwife initiates the process of transfer pursuant to paragraph (1), for a patient who otherwise meets the definition of a low-risk pregnancy but no longer meets the criteria specified in paragraph (3) of subdivision (a) because the gestational age of the fetus is greater than 42 weeks and zero days, if there is inadequate time to effect safe transfer to a hospital prior to delivery or transfer may pose a threat to the health and safety of the patient or the unborn child, fetus, the certified nurse-midwife may continue care of the patient consistent with the transfer plan described in subdivision (a) of Section 2746.54.
(3)A patient who has been transferred from the care of a certified nurse-midwife to that of a physician and surgeon may return to the care of the certified nurse-midwife after the physician and surgeon has determined that the condition or circumstance that required, or would require, the transfer from the care of the nurse-midwife pursuant to paragraph (1) is resolved.
(d)The certificate to practice nurse-midwifery authorizes the holder to attend pregnancy and childbirth in an out-of-hospital setting if consistent with subdivisions (a), (b), and (c).
(e)This section shall not be interpreted to deny a patients right to self-determination or informed decisionmaking with regard to choice of provider or birth setting.
(f)The certificate to practice nurse-midwifery does not authorize the holder of the certificate to assist childbirth by vacuum or forceps extraction, or to perform any external cephalic version.
(g)A certified nurse-midwife shall document all consultations, referrals, and transfers in the patient record.
(h)(1)A certified nurse-midwife shall refer all emergencies to a physician and surgeon immediately.
(2)A certified nurse-midwife may provide emergency care until the assistance of a physician and surgeon is obtained.
(i)This chapter does not authorize a nurse-midwife to practice medicine or surgery.
(j)This section shall not be construed to require a physician and surgeon to sign protocols and procedures for a nurse-midwife or to permit any action that violates Section 2052 or 2400.
(k)This section shall not be construed to require a nurse-midwife to have mutually agreed-upon, signed policies and protocols for the provision of services described in subdivision (a).
SEC. 2.Section 762.020 of the Code of Civil Procedure is amended to read:762.020.(a)If the name of a person required to be named as a defendant is not known to the plaintiff, the plaintiff shall so state in the complaint and shall name as parties all persons unknown in the manner provided in Section 762.060.
(b)If the claim or the share or quantity of the claim of a person required to be named as a defendant is unknown, uncertain, or contingent, the plaintiff shall so state in the complaint. If the lack of knowledge, uncertainty, or contingency is caused by a transfer to an unborn or unascertained person beneficiary or class member, or by a transfer in the form of a contingent remainder, vested remainder subject to defeasance, executory interest, or similar disposition, the plaintiff shall also state in the complaint, so far as is known to the plaintiff, the name, age, and legal disability (if any) of the person in being who would be entitled to the claim had the contingency upon which the claim depends occurred prior to the commencement of the action.
SEC. 3.Section 872.520 of the Code of Civil Procedure is amended to read:872.520.(a)If the name of a person described in Section 872.510 is not known to the plaintiff, the plaintiff shall so state in the complaint and shall name as parties all persons unknown in the manner provided in Section 872.550.
(b)If the ownership or the share or quantity of the interest of a person described in Section 872.510 is unknown, uncertain, or contingent, the plaintiff shall so state in the complaint. If the lack of knowledge, uncertainty, or contingency is caused by a transfer to an unborn or unascertained person beneficiary or class member, or by a transfer in the form of a contingent remainder, vested remainder subject to defeasance, executory interest, or similar disposition, the plaintiff shall also state in the complaint, so far as is known to the plaintiff, the name, age, and legal disability (if any) of the person in being who would be entitled to ownership of the interest had the contingency upon which the right of such person depends occurred prior to the commencement of the action.
(c)The court shall upon its own motion or upon motion of any party make such orders for joinder of additional parties and for appointment of guardians ad litem pursuant to Sections 372, 373, and 373.5 as are necessary or proper.
SEC. 4.Section 22171 of the Education Code is amended to read:22171.(a)Spouse means a person who was continuously married to the member for the period beginning at least 12 months prior to the death of the member, unless a child is born to the member and his or her the members spouse within the 12-month period or unless the spouse is carrying the members unborn child. a fetus, conceived with the member.
(b)Spouse also means a person who was married to the member for less than 12 months, if the members death was either accidental, or due to an illness, and the marriage took place prior to the occurrence of the injury or diagnosis of the illness that resulted in death.
(1)A members death is defined as accidental only if he or she the member received bodily injuries through violent, external, or accidental means and died as a direct result of the bodily injuries and independent of all other causes.
(2)This subdivision does not apply if, at the time of the marriage, the member could not have reasonably been expected to live for 12 months.
(c)Except as excluded by Sections 22661 and 23812, a person who is the registered domestic partner of a member, as established pursuant to Section 297 or 299.2 of the Family Code, shall be treated in the same manner as a spouse.
SEC. 5.Section 1317.1 of the Health and Safety Code is amended to read:1317.1.Unless the context otherwise requires, the following definitions shall control the construction of this article and Section 1371.4:
(a)(1)Emergency services and care means medical screening, examination, and evaluation by a physician and surgeon, or, to the extent permitted by applicable law, by other appropriate licensed persons under the supervision of a physician and surgeon, to determine if an emergency medical condition or active labor exists and, if it does, the care, treatment, and surgery, if within the scope of that persons license, necessary to relieve or eliminate the emergency medical condition, within the capability of the facility.
(2)(A)Emergency services and care also means an additional screening, examination, and evaluation by a physician, or other personnel to the extent permitted by applicable law and within the scope of their licensure and clinical privileges, to determine if a psychiatric emergency medical condition exists, and the care and treatment necessary to relieve or eliminate the psychiatric emergency medical condition, within the capability of the facility.
(B)The care and treatment necessary to relieve or eliminate a psychiatric emergency medical condition may include admission or transfer to a psychiatric unit within a general acute care hospital, as defined in subdivision (a) of Section 1250, or to an acute psychiatric hospital, as defined in subdivision (b) of Section 1250, pursuant to subdivision (k). Nothing in this subparagraph shall be construed to permit a transfer that is in conflict with the Lanterman-Petris-Short Act (Part 1 (commencing with Section 5000) of Division 5 of the Welfare and Institutions Code).
(C)For the purposes of Section 1371.4, emergency services and care as defined in subparagraph (A) shall not apply to Medi-Cal managed care plan contracts entered into with the State Department of Health Care Services pursuant to Chapter 7 (commencing with Section 14000), Chapter 8 (commencing with Section 14200), and Chapter 8.75 (commencing with Section 14590) of Part 3 of Division 9 of the Welfare and Institutions Code, to the extent that those services are excluded from coverage under those contracts.
(D)This paragraph does not expand, restrict, or otherwise affect the scope of licensure or clinical privileges for clinical psychologists or other medical personnel.
(b)Emergency medical condition means a medical condition manifesting itself by acute symptoms of sufficient severity (including severe pain) such that the absence of immediate medical attention could reasonably be expected to result in any of the following:
(1)Placing the patients health in serious jeopardy.
(2)Serious impairment to bodily functions.
(3)Serious dysfunction of any bodily organ or part.
(c)Active labor means a labor at a time at which either of the following would occur:
(1)There is inadequate time to effect safe transfer to another hospital prior to delivery.
(2)A transfer may pose a threat to the health and safety of the patient or the unborn child. fetus.
(d)Hospital means all hospitals with an emergency department licensed by the state department.
(e)State department means the State Department of Public Health.
(f)Medical hazard means a material deterioration in medical condition in, or jeopardy to, a patients medical condition or expected chances for recovery.
(g)Board means the Medical Board of California.
(h)Within the capability of the facility means those capabilities that the hospital is required to have as a condition of its emergency medical services permit and services specified on Services Inventory Form 7041 filed by the hospital with the Office of Statewide Health Planning and Development.
(i)Consultation means the rendering of an opinion or advice, prescribing treatment, or the rendering of a decision regarding hospitalization or transfer by telephone or other means of communication. When determined to be medically necessary, jointly by the treating physician and surgeon, or by other appropriate licensed persons acting within their scope of licensure, under the supervision of a physician and surgeon, and the consulting physician and surgeon, consultation includes review of the patients medical record, examination, and treatment of the patient in person by a consulting physician and surgeon, or by other appropriate licensed persons acting within their scope of licensure under the supervision of a consulting physician and surgeon, who is qualified to give an opinion or render the necessary treatment in order to stabilize the patient. A request for consultation shall be made by the treating physician and surgeon, or by other appropriate licensed persons acting within their scope of licensure under the supervision of a treating physician and surgeon, provided the request is made with the contemporaneous approval of the treating physician and surgeon. The treating physician and surgeon may request to communicate directly with the consulting physician and surgeon, and when determined to be medically necessary, jointly by the treating physician and surgeon and the consulting physician and surgeon, the consulting physician and surgeon shall examine and treat the patient in person. The consulting physician and surgeon is ultimately responsible for providing the necessary consultation to the patient, regardless of who makes the in-person appearance.
(j)A patient is stabilized or stabilization has occurred when, in the opinion of the treating physician and surgeon, or other appropriate licensed persons acting within their scope of licensure under the supervision of a treating physician and surgeon, the patients medical condition is such that, within reasonable medical probability, no material deterioration of the patients condition is likely to result from, or occur during, the release or transfer of the patient as provided for in Section 1317.2, Section 1317.2a, or other pertinent statute.
(k)(1)Psychiatric emergency medical condition means a mental disorder that manifests itself by acute symptoms of sufficient severity that it renders the patient as being either of the following:
(A)An immediate danger to himself or herself themselves or to others.
(B)Immediately unable to provide for, or utilize, food, shelter, or clothing, due to the mental disorder.
(2)This subdivision does not expand, restrict, or otherwise affect the scope of licensure or clinical privileges for clinical psychologists or medical personnel.
(l)This section shall not be construed to expand the scope of licensure for licensed persons providing services pursuant to this section.
SEC. 6.Section 1003 of the Probate Code is amended to read:1003.(a)The court may, on its own motion or on request of a personal representative, guardian, conservator, trustee, or other interested person, appoint a guardian ad litem at any stage of a proceeding under this code to represent the interest of any of the following persons, if the court determines that representation of the interest otherwise would be inadequate:
(1)A minor.
(2)A person who lacks legal capacity to make decisions.
(3)An unborn person. beneficiary.
(4)An unascertained person.
(5)A person whose identity or address is unknown.
(6)A designated class of persons who are not ascertained or are not in being.
(b)If not precluded by a conflict of interest, a guardian ad litem may be appointed to represent several persons or interests.
(c)The reasonable expenses of the guardian ad litem, including compensation and attorneys fees, shall be determined by the court and paid as the court orders, either out of the property of the estate involved or by the petitioner or from any other source as the court orders.
(d)Before a court appoints a guardian ad litem pursuant to this chapter, a proposed guardian ad litem shall disclose both of the following to the court and all parties to the action or proceeding:
(1)Any known actual or potential conflicts of interest that would or might arise from the appointment.
(2)Any familial or affiliate relationship the proposed guardian ad litem has with any of the parties.
(e)If a guardian ad litem becomes aware that a potential conflict of interest has become an actual conflict of interest or that a new potential or actual conflict of interest exists, the guardian ad litem shall promptly disclose the conflict of interest to the court.
SEC. 7.Section 10954 of the Probate Code is amended to read:10954.(a)Notwithstanding any other provision of this part, the personal representative is not required to file an account if any of the following conditions is satisfied as to each person entitled to distribution from the estate:
(1)The person has executed and filed a written waiver of account or a written acknowledgment that the persons interest has been satisfied.
(2)Adequate provision has been made for satisfaction in full of the persons interest. This paragraph does not apply to a residuary devisee or a devisee whose interest in the estate is subject to abatement, payment of expenses, or accrual of interest or income.
(b)A waiver or acknowledgment under subdivision (a) shall be executed as follows:
(1)If the person entitled to distribution is an adult and competent, by that person.
(2)If the person entitled to distribution is a minor, by a person authorized to receive money or property belonging to the minor. If the waiver or acknowledgment is executed by a guardian of the estate of the minor, the waiver or acknowledgment may be executed without the need to obtain approval of the court in which the guardianship proceeding is pending.
(3)If the person entitled to distribution is a conservatee, by the conservator of the estate of the conservatee. The waiver or acknowledgment may be executed without the need to obtain approval of the court in which the conservatorship proceeding is pending.
(4)If the person entitled to distribution is a trust, by the trustee, but only if the named trustees written acceptance of the trust is filed with the court. In the case of a trust that is subject to the continuing jurisdiction of the court pursuant to Chapter 4 (commencing with Section 17300) of Part 5 of Division 9, the waiver or acknowledgment may be executed without the need to obtain approval of the court.
(5)If the person entitled to distribution is an estate, by the personal representative of the estate. The waiver or acknowledgment may be executed without the need to obtain approval of the court in which the estate is being administered.
(6)If the person entitled to distribution is incapacitated, unborn, unascertained, is an unborn beneficiary, is unascertained, or is a person whose identity or address is unknown, or is a designated class of persons who are not ascertained or are not in being, and there is a guardian ad litem appointed to represent the person entitled to distribution, by the guardian ad litem.
(7)If the person entitled to distribution has designated an attorney in fact who has the power under the power of attorney to execute the waiver or acknowledgment, by either of the following:
(A)The person entitled to distribution if an adult and competent.
(B)The attorney in fact.
(c)Notwithstanding subdivision (a):
(1)The personal representative shall file a final report of administration at the time the final account would otherwise have been required. The final report shall include the amount of compensation paid or payable to the personal representative and to the attorney for the personal representative and shall set forth the basis for determining the amounts.
(2)A creditor whose interest has not been satisfied may petition under Section 10950 for an account.
SEC. 8.Section 15405 of the Probate Code is amended to read:15405.For the purposes of Sections 15403 and 15404, the consent of a beneficiary who lacks legal capacity, including a minor, or who is an unascertained or unborn person beneficiary may be given in proceedings before the court by a guardian ad litem, if it would be appropriate to do so. In determining whether to give consent, the guardian ad litem may rely on general family benefit accruing to living members of the beneficiarys family as a basis for approving a modification or termination of the trust.
SEC. 9.Section 19507 of the Probate Code is amended to read:19507.(a)In this section, a notice period begins on the day notice is given under subdivision (c) and ends 59 days after the day notice is given.
(b)An authorized fiduciary may exercise the decanting power without the consent of any person and without court approval in compliance with this part.
(c)Except as otherwise provided in subdivision (h), an authorized fiduciary shall give notice of the intended exercise of the decanting power not later than 60 days before the exercise to all of the following:
(1)Each settlor of the first trust, if living or then in existence.
(2)Each qualified beneficiary of the first trust.
(3)Each holder of a presently exercisable power of appointment over any part or all of the first trust.
(4)Each person that currently has the right to remove or replace the authorized fiduciary.
(5)Each other fiduciary of the first trust.
(6)Each fiduciary of the second trust.
(7)The Attorney General, if subdivision (b) of Section 19514 applies.
(d)Unless the trust instrument provides otherwise, an authorized fiduciary shall give notice under subdivision (c) to the guardian ad litem for a qualified beneficiary who is a minor and has no representative or who is an unascertained or unborn person. beneficiary. If a guardian ad litem has not been appointed at the time of the notice, the authorized fiduciary shall seek the appointment of one. The court may appoint a guardian ad litem, for purposes of this section, in instances where the only matter before the court is that appointment.
(e)If an authorized fiduciary knows, or has reason to know, that a person entitled to notice under subdivision (c) is substantially unable to manage that persons own financial resources or resist fraud or undue influence, the authorized fiduciary shall give notice under subdivision (c) to that person and to the individual appointed to act on that persons behalf, including, but not limited to, an attorney-in-fact under a power of attorney. If no such individual has been appointed at the time of the notice, the authorized fiduciary shall seek the appointment of such an individual. The court may appoint a guardian ad litem, for purposes of this section, in instances where the only matter before the court is that appointment.
(f)An authorized fiduciary is not required to give notice under subdivision (c) to a person who is known to the fiduciary but cannot be located by the fiduciary after reasonable diligence.
(g)A notice under subdivision (c) shall include all of the following:
(1)A description of the manner in which the authorized fiduciary intends to exercise the decanting power, which shall include a statement as to the authorized fiduciarys reason for the proposed decanting and an explanation as to the differences between the first trust and the second trust or trusts.
(2)The proposed effective date for exercise of the power.
(3)A copy of the first trust instrument.
(4)A copy of all second trust instruments.
(5)A warning, set out in a separate paragraph in not less than 10-point bold type, or a reasonable equivalent thereof, that states the following:
If you do not bring a court action to contest the proposed trust decanting (the proposed changes to the trust) within 59 days of this notice, you will lose your right to contest the decanting.
(h)The decanting power may be exercised before expiration of the notice period under subdivision (a) if all persons entitled to receive notice waive the period in a signed waiver.
(i)The receipt of notice, waiver of the notice period, or expiration of the notice period does not affect the right of a person to file an application under Section 19509 that asserts either of the following:
(1)An attempted exercise of the decanting power is ineffective because it did not comply with this part or was an abuse of discretion or breach of fiduciary duty.
(2)Section 19522 applies to the exercise of the decanting power.
(j)The notice required by this section shall be served by mail to the last known address, pursuant to Section 1215, or by personal delivery.
|
Date
|
Status
|
|---|---|
| Sep 27, 2023 | Chaptered by Secretary of State. Chapter 260, Statutes of 2023. |
| Sep 27, 2023 | Approved by the Governor. |
| Sep 13, 2023 | Enrolled and presented to the Governor at 4 p.m. |
| Sep 7, 2023 | Assembly amendments concurred in. (Ayes 32. Noes 8. Page 2468.) Ordered to engrossing and enrolling. |
| Sep 6, 2023 | In Senate. Concurrence in Assembly amendments pending. |
| Sep 6, 2023 | Read third time. Passed. (Ayes 62. Noes 15. Page 2964.) Ordered to the Senate. |
| Sep 5, 2023 | Read second time. Ordered to third reading. |
| Sep 5, 2023 | (Corrected September 6). |
| Sep 1, 2023 | Read second time and amended. Ordered to second reading. |
| Sep 1, 2023 | From committee: Do pass as amended. (Ayes 11. Noes 4.) (September 1). |
| Aug 23, 2023 | August 23 set for first hearing. Placed on suspense file. |
| Jul 12, 2023 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 1.) (July 11). Re-referred to Com. on APPR. |
| Jul 6, 2023 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB. S. |
| Jul 6, 2023 | From committee: Do pass and re-refer to Com. on PUB. S. (Ayes 8. Noes 2.) (July 5). Re-referred to Com. on PUB. S. |
| Jun 19, 2023 | Re-referred to Coms. on JUD. and PUB. S. pursuant to Assembly Rule 96. |
| Jun 19, 2023 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB. S. |
| Jun 15, 2023 | Referred to Coms. on PUB. S. and JUD. |
| Jun 1, 2023 | In Assembly. Read first time. Held at Desk. |
| May 31, 2023 | Read third time. Passed. (Ayes 32. Noes 8. Page 1388.) Ordered to the Assembly. |
| May 22, 2023 | Read second time. Ordered to third reading. |
| May 18, 2023 | Read second time and amended. Ordered to second reading. |
| May 18, 2023 | From committee: Do pass as amended. (Ayes 5. Noes 2. Page 1166.) (May 18). |
| May 12, 2023 | Set for hearing May 18. |
| May 8, 2023 | May 8 hearing: Placed on APPR suspense file. |
| May 2, 2023 | Set for hearing May 8. |
| Apr 27, 2023 | Read second time and amended. Re-referred to Com. on APPR. |
| Apr 26, 2023 | From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 8. Noes 2. Page 892.) (April 25). |
| Apr 19, 2023 | From committee: Do pass and re-refer to Com. on JUD. (Ayes 4. Noes 0. Page 802.) (April 18). Re-referred to Com. on JUD. |
| Apr 18, 2023 | Set for hearing April 25 in JUD. pending receipt. |
| Apr 10, 2023 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB S. |
| Apr 3, 2023 | Set for hearing April 18. |
| Mar 29, 2023 | Re-referred to Coms. on PUB S. and JUD. |
| Mar 16, 2023 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS. |
| Feb 15, 2023 | Referred to Com. on RLS. |
| Feb 8, 2023 | From printer. May be acted upon on or after March 10. |
| Feb 7, 2023 | Introduced. Read first time. To Com. on RLS. for assignment. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Sep 7, 2023 | Unfinished Business SB345 Skinner et al. Concurrence | Senate Floor |
Passed |
|
| Sep 6, 2023 | SB 345 Skinner Senate Third Reading By Wilson | Assembly Floor |
Passed |
|
| Sep 1, 2023 | Do pass as amended. | Assembly Standing Committee on Appropriations |
Passed |
|
| Jul 11, 2023 | Do pass and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Public Safety |
Passed |
|
| Jul 5, 2023 | Do pass and be re-referred to the Committee on [Public Safety] | Assembly Standing Committee on Judiciary |
Passed |
|
| May 31, 2023 | Senate 3rd Reading SB345 Skinner et al. | Senate Floor |
Passed |
|
| May 18, 2023 | Do pass as amended | Senate Standing Committee on Appropriations |
Passed |
|
| May 8, 2023 | Placed on suspense file | Senate Standing Committee on Appropriations |
Passed |
|
| Apr 25, 2023 | Do pass as amended, but first amend, and re-refer to the Committee on [Appropriations] | Senate Standing Committee on Judiciary |
Passed |
|
| Apr 18, 2023 | Do pass, but first be re-referred to the Committee on [Judiciary] | Senate Standing Committee on Public Safety |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| Abortion Coalition for Telemedicine Access | ** Support | |
| Access Reproductive Justice | ** Support | |
| Advancing New Standards in Reproductive Health | * Support | Apr 18, 2023 |
| American Association Of University Women California | * Support | Jul 11, 2023 |
| American Medical Women's Association | ** Support | |
| APLA Health | ** Support | |
| Aria Medical | ** Support | |
| Aria Medical Clinic | ** Support | |
| ARIA Medical Clinic | * Support | Apr 18, 2023 |
| ARIA Medical Clinic | * Support | Apr 18, 2023 |
| ARIA Medical Clinic | * Support | Apr 25, 2023 |
| ARIA Medical Clinic | * Support | Apr 25, 2023 |
| Black Women For Wellness Action Project | ** Support | |
| Black Women Lawyers Association of Los Angeles | ** Support | |
| Board of Registered Nursing | ** Support | |
| California Association of Black Lawyers | ** Support | |
| California Catholic Conference | ** Against | |
| California Family Council | * Against | Apr 25, 2023 |
| California Latinas for Reproductive Justice | ** Support | |
| California Legislative Women Caucus | ** Support | |
| California Midwife Association | * Support | Apr 25, 2023 |
| California Nurse Midwives Association | ** Support | |
| California Partnership To End Domestic Violence | * Support | Jul 5, 2023 |
| California Public Defenders Association | ** Support | |
| California School-Based Health Alliance | ** Support | |
| California State Board of Pharmacy | ** Support | |
| California Transcends | ** Support | |
| California Women's Law Center | ** Support | |
| Center For Reproductive Rights | ** Support | |
| CFT Union of Educators and Classified Professionals | * Support | Jul 11, 2023 |
| CHOIX INC | ** Support | |
| Choix Inc. | ** Support | |
| Citizens for Choice | ** Support | |
| City and County of San Francisco | * Support | Jul 11, 2023 |
| City and County of San Francisco Department on the Status of Women | ** Support | |
| Conference of California Bar Associations | ** Support | |
| Dolores Huerta Foundation | ** Support | |
| Ella Baker Center | * Support | Apr 18, 2023 |
| Equality California | * Support | Jul 11, 2023 |
| Essential Access Health | ** Support | |
| Facts Law Truth Justice | * Support | Jul 11, 2023 |
| Feminist Majority | ** Support | |
| Frederick Douglass Foundation of California | ** Against | |
| Gender Spectrum | ** Support | |
| Health Care Workers | ** Support | |
| Honeybee Health | ** Support | |
| Honeybee Health, Inc. | ** Support | |
| Houston Women’s Reproductive Center | ** Support | |
| John Burton Advocates for Youth | ** Support | |
| John Langston Bar Association | ** Support | |
| John M. Langston Bar Association | ** Support | |
| John M. Langston Bar Association | * Support | Apr 18, 2023 |
| Kopcho Reproductive Justice Fund | ** Support | |
| Los Angeles County District Attorney'S Office | ** Support | |
| Los Angeles LGBT Center | ** Support | |
| Medical Board of California | ** Support | |
| Mya Network | ** Support | |
| NARAL Pro-Choice California | ** Support | |
| National Association Of Social Workers, California Chapter | ** Support | |
| National Council of Jewish Women of Kansas City | ** Support | |
| National Council of Jewish Women, Kansas City | ** Support | |
| NCJW of Kansas City | ** Support | |
| Ncjwofkc | ** Support | |
| NextGen California | * Support | Jul 11, 2023 |
| Oakland Privacy | ** Support | |
| Osteopathic Medical Board of California | ** Support | |
| Our Duty | * Against | Apr 25, 2023 |
| Physician Assistant Board | ** Support | |
| Physicians for Reproductive Health | ** Support | |
| Plan C | ** Support | |
| Planned Parenthood Affiliates Of California | * Support | Jul 11, 2023 |
| Positive Images LGBTQIAL+ Center | ** Support | |
| Possible Health | ** Support | |
| Possible Health, Inc | ** Support | |
| Possible Health, Inc.; Possible Health Medical, P.c.; Possible Health Ca, P.c. | ** Support | |
| Prosecutors Alliance California | ** Support | |
| Public Health Institute/access Bridge | ** Support | |
| Queen's Bench Bar Association of The San Francisco Bay Area | ** Support | |
| QueerDoc | ** Support | |
| Radiant Health Centers | ** Support | |
| Reproductive Health Access Project | ** Support | |
| Right to Life League | ** Against | |
| San Diego Pride | ** Support | |
| San Fernando Valley Alliance | * Against | Jul 11, 2023 |
| San Francisco City Attorney's Office | ** Support | |
| Santa Barbara Womens Political Committee | ** Support | |
| Senator Shelley B. Mayer, Deputy Majority Leader, 37th District of the State of New York | ** Support | |
| Smart Justice California | * Support | Jul 11, 2023 |
| State Innovation Exchange | ** Support | |
| Take A Stand Stanislaus | ** Against | Jul 11, 2023 |
| TEACH | ** Support | |
| Teach Program | * Support | Jul 5, 2023 |
| The Source Lgbt+ Center | ** Support | |
| The Weideman Group | * Support | Jul 11, 2023 |
| The Women's Building | ** Support | |
| Tia | ** Support | |
| Tia, Inc. | ** Support | |
| Training In Early Abortion For Comprehensive Healthcare | ** Support | |
| UCSF | * Support | Apr 25, 2023 |
| UCSF Department of Family and Community Medicine | * Support | Apr 25, 2023 |
| UCSF Medical Center | * Support | Jul 5, 2023 |
| UCSF Natividad Community Medicine Program | * Support | Apr 25, 2023 |
| UCSF School of Medicine | * Support | Apr 25, 2023 |
| URGE: Unite for Reproductive & Gender Equity | ** Support | |
| USC Institute on Inequalities in Global Health | ** Support | |
| VALOR California | ** Support | |
| Viet Rainbow of Orange County | ** Support | |
| Women Lawyers Association of Los Angeles | * Support | Apr 18, 2023 |
| Women'S Foundation California | ** Support | |
| Women's Health Specialists | ** Support |
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB 345 |
UNFINISHED BUSINESS
Bill No: SB 345
Author: Skinner (D), et al.
Amended: 9/1/23
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE: 4-0, 4/18/23
AYES: Wahab, Bradford, Skinner, Wiener
NO VOTE RECORDED: Ochoa Bogh
SENATE JUDICIARY COMMITTEE: 8-2, 4/25/23
AYES: Umberg, Allen, Ashby, Caballero, Durazo, Laird, Min, Wiener
NOES: Wilk, Niello
NO VOTE RECORDED: Stern
SENATE APPROPRIATIONS COMMITTEE: 5-2, 5/18/23
AYES: Portantino, Ashby, Bradford, Wahab, Wiener
NOES: Jones, Seyarto
SENATE FLOOR: 32-8, 5/31/23
AYES: Allen, Alvarado-Gil, Archuleta, Ashby, Atkins, Becker, Blakespear, Bradford, Caballero, Cortese, Dodd, Durazo, Eggman, Glazer, Gonzalez, Hurtado, Laird, Limón, McGuire, Menjivar, Min, Newman, Padilla, Portantino, Roth, Rubio, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener
NOES: Dahle, Grove, Jones, Nguyen, Niello, Ochoa Bogh, Seyarto, Wilk
ASSEMBLY FLOOR: 62-15, 9/6/23 - See last page for vote
SUBJECT: Health care services: legally protected health care activities
SOURCE: ACCESS Reproductive Justice
Black Women for Wellness Action Project
NARAL Pro-Choice California
Training in Early Abortion for Comprehensive Healthcare (TEACH)
DIGEST:
This bill enacts various safeguards against the enforcement of other states’ laws that prohibit, criminalize, sanction, authorize civil liability against, or otherwise interfere with a person, provider, or other entity in California that offers reproductive health care services or gender-affirming health care services.
Assembly Amendments
:
- Declare that it is the intent of the Legislature that nothing in this bill shall be interpreted to undermine or decrease any existing protections under California law.
- Exclude a provider of health care, a health care service plan, or contractor, as defined, from the prohibition on persons and businesses from collecting using, disclosing, or retaining the personal information of a person who is physically located at, or within a precise geolocation of, a family planning center.
- Defines “precise geolocation” to mean “a geographic area that is equal to or less than the area of a circle with a radius of 1,850 feet as derived from a device that is used or intended to be used to locate a person.”
- Provide that if the court finds for the petitioner in an action against a person or business who violates the prohibition in this bill, recovery shall be in the amount of three times the amount of actual damages and any other expenses, costs, or reasonable attorney’s fees incurred in connection with the litigation.
- Repeal Health and Safety Code section 123450 related to consent for an unanticipated minor to receive an abortion outside of medical emergencies requiring immediate medical action.
- Prohibit a healing arts board, as defined, from denying an application for a license or imposing discipline upon a licensee or health care practitioner on the basis of a civil judgment, criminal conviction, or disciplinary action in another state if that judgment, conviction, or disciplinary action is based solely on the application of another state’s law that interferes with a person’s right to receive sensitive services, as defined, that would be lawful if provided in this state, regardless of the patient’s location.
- Amend the definition of a “legally protected health care activity.”
- Delete the provision related to extradition in this bill.
- Make the penalties related to violations of this bill by bail bondsmen an infraction punishable by a fine of $5000 rather than a misdemeanor.
- Add double-jointing language from SB 667 (Dodd) to avoid chaptering issues.
ANALYSIS:
Existing law:
- Establishes the Reproductive Privacy Act which provides that the Legislature finds and declares that every individual possesses a fundamental right of privacy with respect to personal reproductive decisions, which entails the right to make and effectuate decisions about all matters relating to pregnancy, including prenatal care, childbirth, postpartum care, contraception, sterilization, abortion care, miscarriage management, and infertility care. Accordingly, it is the public policy of the State of California that:
- Every individual has the fundamental right to choose or refuse birth control;
- Every individual has the fundamental right to choose to bear a child or to choose to obtain an abortion, with specified limited exceptions; and,
- The state shall not deny or interfere with a person’s fundamental right to choose to bear a child or to choose to obtain an abortion, except as specifically permitted. (Health & Saf. Code, § 123462.)
- Provides that the state may not deny or interfere with a person’s right to choose or obtain an abortion prior to viability of the fetus or when the abortion is necessary to protect the life or health of the person. (Health & Safe. Code § 123466, subd. (a).)
- Prohibits an abortion from being performed upon an unemancipated minor unless she first has given her written consent to the abortion and also has obtained the written consent of one of her parents or legal guardian. Specifies judicial procedures to be followed if one or both of the unemancipated pregnant minor's or her guardian refuse to consent or if the minor elects not to seek their consent. (Health and Saf. Code, § 123450.)
- Requires a court to grant a stay of enforcement of a judgment based on a sister state judgment by filing an application with a superior court and requires the court clerk to enter a judgment based on the application under specified circumstances. (Code Civ. Pro., § 1710.50.)
- States that a person shall not be compelled in a state, county, city, or other local criminal, administrative, legislative, or other proceeding to identify or provide information that would identify or that is related to an individual who has sought or obtained an abortion if the information is being requested based on either another state’s laws that interfere with a person’s rights or a foreign penal civil action. (Health & Saf. Code, §123466, subd. (b).)
- Prohibits, under the Confidentiality of Medical Information Act (CMIA), providers of health care, health care service plans, or contractors, as defined, from sharing medical information without the patient’s written authorization, subject to certain exceptions. (Civ. Code § 56 et seq.)
- States that the purpose of the Department of Consumer Affairs is ensuring that those private businesses and professions deemed to engage in activities which have potential impact upon the public health, safety, and welfare are adequately regulated in order to protect the people of California. (Bus. & Prof. Code,§ 101.6.)
- Provides for the licensure and regulation of various categories of medical professionals by boards within the Department of Consumer Affairs, including, among others, the Medical Board of California and the Dental Board of California. (Bus. & Prof. Code, § 101.)
- Defines murder as the unlawful killing of a human being, or a fetus, with malice aforethought. (Pen. Code, § 187.)
- Exempts from the definition of murder a person who commits an act that results in the death of a fetus if any of the following apply:
- The act complied with the Therapeutic Abortion Act;
- The act was committed by a holder of a physician’s and surgeon’s certificate in a case where, to a medical certainty, the result of childbirth would be death of the mother of the fetus or where her death from childbirth, although not medically certain, would be substantially certain or more likely than not;
- If the act is solicited, aided, abetted, or consented to by the mother of the fetus.
- States that it is the duty of the Governor of this State to have arrested and delivered up to the executive authority of any other State any person charged in that state with treason, felony or other crime, who has fled from justice and is found in this State. (Pen. Code, § 1548.1.)
- Authorizes a magistrate to issue an arrest warrant, upon application by a bail bondsman, for a person who has been admitted to bail in another state, escapes bail, and is present in this State and after a hearing, issue an order to return the fugitive to the jurisdiction from which they escaped. (Pen. Code, § 847.5.)
- Makes it a misdemeanor for a bail bondsman to take a fugitive into custody without a warrant from a magistrate. (Pen. Code, § 847.5.)
- States, starting July 1, 2023, that no person, other than a certified law enforcement officer, shall be authorized to apprehend, detain, or arrest a bail fugitive unless that person meets one of the following conditions:
- Is a bail as defined in paragraph (2) of subdivision (a) of Section 1299.01 who is also a bail fugitive recovery agent as defined;
- Is a bail fugitive recovery agent as defined; or,
- Is a licensed private investigator who is also a bail fugitive recovery agent as defined. (Pen. Code 1299.02, subd. (a).)
- Defines a “bail fugitive” as a defendant in a pending criminal case who has been released from custody under a financially secured appearance, cash, or other bond and has had than bond declared forfeited, or a defendant in a pending criminal case who has violated a bond condition whereby apprehension and reincarceration are permitted. (Pen. Code, § 1299.01, subd. (a).)
- Defines a “bail fugitive recovery person” as a person provided written authorization by the bail or depositor of bail, and is contracted to investigate, surveil, locate, and arrest a bail fugitive for surrender to the appropriate court, jail, or police department, and any person who is employed to assist a bail or depositor of bail to investigate, surveil, locate, and arrest a bail fugitive for surrender to the appropriate court, jail, or police department. (Pen. Code, § 1299.01, subd. (d).)
- Establishes the CalWORKs program under which each county provides cash assistance and other benefits to qualified low-income families and individuals. (Welf. & Inst. Code, § 11200 et seq.)
- Makes certain individuals ineligible for the CalWORKs program including a person who is fleeing to avoid prosecution, or custody and confinement after conviction, under the laws of the place from which the individual is fleeing, for a crime or an attempt to commit a crime that is a felony under the laws of the place from which the individual is fleeing, or which, in the case of the State of New Jersey, is a high misdemeanor under the laws of that state. (Welf. & Inst. Code, § 11486.5, subd. (a).)
This bill:
- States that California law governs in any action in this state, whether civil, administrative, or criminal, against any person who provides, receives, aids or abets in providing or receiving, or attempts to provide or receive, by any means, including telehealth, reproductive health care services and gender-affirming health care services, including gender-affirming mental health care services if the provider was located in this state or any other state where the care was legal at the time of the challenged conduct.
- Declares that access to reproductive health care services and gender-affirming health care services is a right secured by the Constitution and laws of California and that interference with this right, whether or not under the color of law, is against the public policy of California.
- Provides that it is abusive litigation to litigate or take other legal action to deter, prevent, sanction, or punish a person engaging in legally protected health care activity by either of the following:
- Filing or prosecuting an action in a state other than California where liability, in whole or part, directly or indirectly, is based on a legally protected health care activity that was legal in the state in which it occurred, including an action in which liability is based on a theory of vicarious, joint, or several liability; or,
- Attempting to enforce an order or judgment issued in connection with an action described in the paragraph above by a party to the action or a person acting on behalf of a party to the action. A lawsuit shall be considered to be based on conduct that was legal in the state in which it occurred if a part of an act or omission involved in the course of conduct that forms the basis for liability in the lawsuit occurs or is initiated in a state in which the health care was legal, whether or not the act or omission is alleged or included in a pleading or other filing in the lawsuit.
- Defines “legally protected health care activity” to mean any of the following:
- The exercise and enjoyment, or attempted exercise and enjoyment, by a person of rights to reproductive health care services, gender-affirming health care services, or gender-affirming mental health care services secured by the Constitution or laws of California or the provision by a health care service plan contract or a policy, or a certificate of health insurance, that provides for such services;
- An act or omission undertaken to aid or encourage, or attempt to aid or encourage, a person in the exercise and enjoyment or attempted exercise and enjoyment of rights to reproductive health care services, gender-affirming health care services, or gender-affirming mental health care services secured by the Constitution or laws of California; or,
- The provision of reproductive health care services, gender-affirming health care services, or gender-affirming mental health care services by a person duly licensed under the laws of California or the coverage of, and reimbursement for, those services or care by a health care service plan or a health insurer, if the service or care is lawful under the laws of California, regardless of the patient’s location.
- Specifies that “legally protected health care activity” does not include any activity that would be deemed unprofessional conduct or that would violate antidiscrimination laws of California.
- States that “reproductive health care services” means and includes all services, care, or products of a medical, surgical, psychiatric, therapeutic, diagnostic, mental health, behavioral health, preventative, rehabilitative, supportive, consultative, referral, prescribing, or dispensing nature relating to the human reproductive system provided in accordance with the constitution and laws of this state, whether provided in person or by means of telehealth services which includes, but is not limited to, all services, care, and products relating to pregnancy, the termination of a pregnancy, assisted reproduction, or contraception.
- States that a public act or record of a foreign jurisdiction that prohibits, criminalizes, sanctions, authorizes a person to bring a civil action against, or otherwise interferes with a person, provider, or other entity in California that seeks, receives, causes, aids in access to, aids, abets, provides, or attempts or intends to seek, receive, cause, aid in access to, aid, abet, or provide, reproductive health care services or gender-affirming health care services shall be an interference with the exercise and enjoyment of the rights secured by the Constitution and laws of California and shall be a violation of the public policy of California.
- States that if a person, including a plaintiff, prosecutor, attorney, or law firm, whether or not acting under color of law, engages or attempts to engage in abusive litigation that infringes on or interferes with, or attempts to infringe on or interfere with, a legally protected health care activity, then an aggrieved person, provider, carrier, or other entity, including a defendant in the abusive litigation, may institute and prosecute a civil action for injunctive, monetary, or other appropriate relief within three years after the cause of action accrues.
- States that an aggrieved person, provider, or other entity, including a defendant in abusive litigation, may move to modify or quash a subpoena issued in connection with abusive litigation on the grounds that the subpoena is unreasonable, oppressive, or inconsistent with the public policy of California.
- Authorizes a court to exercise jurisdiction over a person in a civil action for abusive litigation that infringes on or interferes with, or attempts to infringe on or interfere with, a legally protected health care activity if any of the following apply:
- Personal jurisdiction is found;
- The person has commenced an action in a court in California and, during the pendency of that action or an appeal therefrom, a summons and complaint is served on the person or the attorney appearing on the person’s behalf in that action or as otherwise permitted by law; or,
- The exercise of jurisdiction is permitted under the Constitution of the United States.
- Specifies that the above provision does not apply to a lawsuit or judgment entered in another state that is based on conduct for which a cause of action exists under the laws of California, including a contract, tort, common law, or statutory claims.
- States that notwithstanding any other law, the laws of California shall govern in a case or controversy heard in California related to reproductive health care services or gender-affirming health care services, except as may be required by federal law.
- Specifies that its provisions shall not be construed to provide jurisdiction over a California resident in an out-of-state forum when the California resident has not availed themselves of that forum.
- Requires a court to grant a stay of enforcement when a money judgment or lien on real property was obtained against a person or entity for exercising a right guaranteed under the United States Constitution or a right guaranteed under the California Constitution, or against a person or entity for aiding and abetting the exercise of said rights.
- Provides that the stay of enforcement shall remain in place until such time as the applicable statute of limitations has elapsed or related action has concluded, whichever is later.
- Prohibits a person or business, other than a provider of health care, a health care service plan, or contractor, as defined, from collecting, using, disclosing, or retaining the personal information of a person who is physically located at, or within a precise geolocation of, a family planning center except only as necessary to perform the services or provide the goods requested by the person. A person or business shall not sell or share this personal information.
- Defines “family planning center” to mean “a business categorized as a family planning center by the North American Industry Classification System adopted by the United States Census Bureau, including, but not limited to, an abortion clinic, birth control clinic, pregnancy counseling center, or reproductive health services center.
- Defines “precise geolocation” to mean “a geographic area that is equal to or less than the area of a circle with a radius of 1,850 feet as derived from a device that is used or intended to be used to locate a person.”
- Authorizes an aggrieved person or entity, including a family planning center, may institute and prosecute a civil action against any person or business who violates this prohibition for injunctive and monetary relief and attorney’s fees within three years of discovery of the violation.
- States that if the court finds for the petitioner in an action authorized by the above paragraph, recovery shall be in the amount of three times the amount of actual damages and any other expenses, costs, or reasonable attorney’s fees incurred in connection with the litigation.
- Prohibits a healing arts board, as defined, from denying an application for licensure or suspending, revoking, or otherwise imposing discipline upon a licensee or health care practitioner subject to this division on the basis of a civil judgment, criminal conviction, or disciplinary action in another state if that judgment, conviction, or disciplinary action is based solely on the application of another state’s law that interferes with a person’s right to receive sensitive services that would be lawful if provided in this state, regardless of the patient’s location.
- Specifies that the above prohibition does not apply to a civil judgment, criminal conviction, or disciplinary action imposed in another state based upon conduct in another state that would subject an applicant, licensee, or health care practitioner subject to this division to a similar claim, charge, or action under the laws of this state.
- Provides that the performance, recommendation, or provision of a legally protected health care activity by a health care practitioner acting within their scope of practice for a patient who resides in a state in which the performance, recommendation, or provision of that legally protected health care activity is illegal, does not, by itself, constitute professional misconduct, upon which discipline or other penalty may be taken.
- Expands the exemption from the definition of murder to include when the death of a fetus was result of an act or omission by the person pregnant with the fetus or was solicited, aided, abetted, or consented to by the person pregnant with the fetus.
- Prohibits a magistrate from issuing an arrest warrant for an individual whose alleged offense or conviction is for the violation of laws of another state that criminalizes an individual performing, receiving, supporting, or aiding in the performance or receipt of sexual reproductive health care, including, but not limited to, an abortion, contraception, reproductive care, or gender-affirming care if the sexual or reproductive health care is lawful under the laws of this state, regardless of the recipient’s location.
- States that a bondsman or person authorized to apprehend, detain, or arrest a fugitive admitted to bail in another state who takes into custody a fugitive admitted to bail in another state whose alleged offense or conviction is for the violation of laws of another state that authorizes a criminal penalty to an individual performing, receiving, supporting, or aiding in the performance or receipt of sexual or reproductive health care, including but not limited to, an abortion, contraception, or gender-affirming care if the sexual or reproductive health care is lawful under the laws of this state, regardless of the recipient’s location, without a magistrate’s order, is ineligible for a license to be a bail fugitive recovery agent and shall forfeit any license already obtained.
- Authorizes a person who is taken into custody by a bail agent in violation of this bill’s provisions to institute and prosecute a civil action for injunctive, monetary, or other appropriate relief against the bondman and bond company within three years after the cause of action accrues.
- Makes it an infraction, punishable by a fine of $5000, for a bail fugitive recovery agent to apprehend, detain, or arrest a bail fugitive admitted to bail in another state whose alleged offense or conviction was for the violation of laws of another state that criminalizes an individual performing, receiving, supporting, or aiding in the performance or receipt of sexual or reproductive health care, including but not limited to, an abortion, contraception, or gender-affirming care if the sexual or reproductive health care that is lawful under the laws of this state, regardless of the recipient’s location.
- Provides that a person who violates the above provision is ineligible for a bail fugitive recovery agent license and shall forfeit any license already obtained.
- Prohibits a judge from issuing an order directing a witness to appear if the criminal prosecution is based on the laws of another state that authorize a criminal penalty to an individual performing, receiving, supporting, or aiding in the performance or receipt of sexual or reproductive health care, including but not limited to, an abortion, contraception, or gender-affirming care if the sexual or reproductive health care, or gender-affirming care is lawful under the laws of this state.
- Prohibits a state or local government employee, person or entity contracted by a state or local government, from cooperating with or providing information to any individual, including a bondsman or bail fugitive recovery person, regarding any legally protected health care activity, as defined, or otherwise expend or use time, moneys, facilities, property, equipment, personnel, or other resources in furtherance of any investigation or proceeding that seeks to impose civil or criminal liability or professional sanctions for any legally protected health care activity that occurred in this state or that would be legal if it occurred in this state.
- States that the above prohibition does not prohibit compliance with a valid subpoena, warrant, wiretap order, pen register trap and trace order, legal process, which does not relate to a law seeking to impose civil or criminal liability or professional sanctions for a legally protected health care activity, or in response to the written request of a person who is the subject of such an investigation or proceeding, to the extent necessary, in each case, to fulfill such request.
- Requires any out of state subpoena, warrant, wiretap order, pen register trap and trace order, legal process, or request from any law enforcement agent or entity shall include an affidavit or declaration under penalty of perjury that the discovery is not in connection with an out-of-state proceeding relating to any legally protected health care activity as provided.
- Prohibits a state court, judicial officer, court employee or clerk, or authorized attorney shall not issue a subpoena pursuant to any other state’s law unless it includes an affidavit or declaration that it is not in connection with an out-of-state proceeding relating to any legally protected health care activity, as provided.
- Prohibits a California corporation that provides electronic communication services or remote computing services to the general public from complying with an out of state subpoena, warrant, wiretap order, pen register trap and trace order, other legal process, or request by a law enforcement agent or entity seeking specified records unless accompanied by an affidavit or declaration under penalty of perjury that the discovery is not in connection with an out-of-state proceeding relating to any legally protected health care activity.
- Provides that for purposes CalWORKs ineligibility, an individual is not considered fleeing to avoid prosecution if the felony offense with which the person is charged or convicted is as a result of performing, receiving, supporting, or aiding in the performance or receipt of an abortion, contraception, reproductive care, or gender-affirming care if the abortion, contraception, reproductive care, or gender-affirming care is lawful under the laws of this state, regardless of the recipient’s location.
- Specifies that an individual shall be determined to be fleeing to avoid prosecution, or custody and confinement after conviction, if a federal, state, or local law enforcement officer, acting in an official capacity, presents and outstanding felony arrest warrant containing one or more of the specified National Crime Information Center Offense Classification Codes.
- Repeals Health and Safety Code section 123450.
- Replaces the term “unborn person” to “unborn beneficiary” in various sections of the Probate Code.
- Contains a severability clause.
Background
According to the author of this bill:
Since Roe was overturned last year, California has significantly strengthened and expanded access to reproductive health care and abortion services including legal protections to patients and providers and offered assistance and protection to patients who come to California. We have also protected and affirmed the right to gender-affirming care. But as the assault on essential healthcare accelerates, new challenges are emerging especially to health care providers who are extending a lifeline to their patients who may be in a state where medically safe and effective treatments are now illegal. SB 345 is needed to ensure that California healthcare practitioners are able to provide essential reproductive and gender affirming care to all of their patients, regardless of their patient’s location, knowing that California is doing everything it can to protect them against the draconian laws of other states.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
According to the Assembly Appropriations Committee: Costs (Trial Court Trust Fund, General Fund) to the courts of an unknown but potentially significant amount. This bill creates a misdemeanor, creates a civil cause of action, and authorizes counterclaims in certain civil suits. Any criminal cases, civil cases, or counterclaims filed due to this bill will result in additional workload to the courts. Actual costs to the courts will depend on the number of cases and counterclaims filed and the amount of court time needed to resolve each matter. Although courts are not funded on the basis of workload, increased pressure on the Trial Court Trust Fund may create a need for increased funding for courts from the General Fund. The 2023-24 budget includes $105 million from the General Fund to backfill declining revenue to the Trial Court Trust Fund.
SUPPORT: (Verified 9/6/23)
ACCESS Reproductive Justice (co-source)
Black Women for Wellness Action Project (co-source)
NARAL Pro-Choice California (co-source)
Training in Early Abortion for Comprehensive Healthcare (co-source)
Abortion Coalition for Telemedicine Access
Aria Medical
Black Women Lawyers Association of Los Angeles
Board of Registered Nursing
California Association of Black Lawyers
California Latinas for Reproductive Justice
California Legislative Women’s Caucus
California Nurse Midwives Association
California Public Defenders Association
California Women's Law Center
Choix Inc.
City and County of San Francisco Department on the Status of Women
Conference of California Bar Associations
Health Care Workers
Honeybee Health
John Burton Advocates for Youth
John Langston Bar Association
Los Angeles County District Attorney's Office
Medical Board of California
Mya Network
National Association of Social Workers, California Chapter
National Council of Jewish Women of Kansas City
Oakland Privacy
Osteopathic Medical Board of California
Physician Assistant Board
Physicians for Reproductive Health
Plan C
Possible Health
QueerDoc
Reproductive Health Access Project
Santa Barbara Women’s Political Committee
State Innovation Exchange
Tia, Inc.
VALOR California
OPPOSITION: (Verified 9/6/23)
California Catholic Conference
Frederick Douglass Foundation of California
Right to Life League
ARGUMENTS IN SUPPORT: According to Oakland Privacy:
This bill would provide extra assurances for California providers of essential healthcare services with protections against the jeopardization of their license, extradition and prosecution. Other states are also enacting or in process of enacting laws to protect providers of reproductive and other sensitive health services. Massachusetts passed a law last year to provide protections to healthcare workers who provide abortion services to out of state patients. New York has also introduced a bill this year to extend protections to providers who provide telemedicine abortion services to out of state patients.
Since the COVID pandemic, telehealth whereby health related services and information are delivered via telecommunication technologies - has increased by a factor of 38X. This includes an increase in telehealth services relating to self-managed abortions which then increased even more after the U.S. Supreme Court Dobbs decision. Finally, in December of 2021, the FDA expanded the ability for abortion medication to be dispensed via telehealth, and expanded access through certified pharmacies in addition to certified providers. However, there are several attempts to limit reproductive care through the use of abortion medication and telehealth, as some states require in-person visits, ban telehealth abortion services, or restrict the dispensing of abortion medication. This coupled with the days-old Texas ruling (now on appeal) potentially banning the use of FDA-approved abortion medication Mifepristone, will make it more difficult for providers to navigate providing reproductive care to patients. While not an abortion panacea, telehealth reproductive services and the protection of providers utilizing these services will help fill a need where people may not otherwise readily have access to reproductive care. Furthermore, restrictions on abortions in several states across the country makes this bill expanding protections to providers of reproductive and gender-affirming care - no matter where their patients are located - even more essential.
ARGUMENTS IN OPPOSITION: According to the California Catholic Conference:
With this bill, the Legislature is overstepping and engaging in ideological colonization against states and citizens that do not want abortion. SB 345 circumvents Article IV, section 1 of the US Constitution, stating “Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State.” Denying the legitimate interest of other states to protect unborn children and public health is a dangerous precedent. By explicitly contravening the U.S. Constitution, this bill could prompt other states to selectively decide to ignore laws duly enacted by the California Legislature.
ASSEMBLY FLOOR: 62-15, 9/6/23
AYES: Addis, Aguiar-Curry, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Cervantes, Connolly, Mike Fong, Friedman, Gabriel, Garcia, Gipson, Haney, Hart, Holden, Irwin, Jackson, Jones-Sawyer, Kalra, Lee, Low, Lowenthal, Maienschein, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Rendon, Reyes, Luz Rivas, Rodriguez, Blanca Rubio, Santiago, Schiavo, Soria, Ting, Valencia, Villapudua, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Robert Rivas
NOES: Chen, Megan Dahle, Dixon, Essayli, Flora, Vince Fong, Gallagher, Hoover, Lackey, Mathis, Jim Patterson, Joe Patterson, Sanchez, Ta, Waldron
NO VOTE RECORDED: Alanis, Davies, Grayson
Prepared by: Stella Choe / PUB. S. /
9/6/23 18:21:19
**** END ****
SENATE THIRD READING
STR Bill Id:SB 345
Author:(Skinner)
As Amended Ver:September 1, 2023
Majority vote
SUMMARY
Enacts various safeguards against the enforcement of out-of-state anti-abortion and anti-transgender laws to protect individuals seeking and providing gender-affirming health care in California.
Major Provisions
- States that California law governs in any action, whether civil, administrative, or criminal, against any person who provides, receives, aids or abets in providing or receiving, or attempts to provide or receive, by any means, including telehealth, reproductive health care services and gender-affirming health care services, including gender-affirming mental health care services, if the care was legal in the state in which it was provided at the time of the challenged conduct.
- Declares that access to reproductive health care services and gender-affirming health care services is a right secured by the Constitution and laws of California and that interference with this right, whether or not under the color of law, is against the public policy of California.
- Defines "legally protected health care activity" and "reproductive health care services" as specified.
- Specifies that "legally protected health care activity" does not include any activity that would be deemed unprofessional conduct or that would violate antidiscrimination laws of California.
- Clarifies that the abortion exemption to murder includes an act or omission by a person pregnant with the fetus.
- Prohibits a magistrate from issuing a warrant for the arrest of an individual whose alleged offense or conviction is for the violation of the laws of another state that authorize a criminal penalty to an individual performing, receiving, supporting, or aiding in the performance or receipt of an abortion, contraception, reproductive care, or gender-affirming care if the abortion, contraception, reproductive care, or gender-affirming care is lawful under the laws of this state, regardless of the recipient's location.
- Provides that a bondsman or person authorized to apprehend, detain, or arrest a fugitive admitted to bail in another state who takes into custody a fugitive admitted to bail in another state whose alleged offense or conviction is for the violation of the laws of another state that authorize a criminal penalty to an individual performing, receiving, supporting, or aiding in the performance or receipt of sexual or reproductive health care if it is lawful under the laws of this state, regardless of the recipient's location, without a magistrate's order, is ineligible for a license issued as specified, and shall forfeit any license already obtained as specified.
- Prohibits a bail fugitive recovery agent from apprehending, detaining, or arresting a bail fugitive admitted to bail in another state whose alleged offense or conviction was for the violation of the laws of another state that authorize a criminal penalty to an individual performing, receiving, supporting, or aiding in the performance or receipt of sexual or reproductive health care if it is lawful under the laws of this state, regardless of the recipient's location.
- Provides that a bail fugitive recovery agent who violates the above prohibition is guilty of an infraction punishable by a fine of $5,000, is ineligible for a license, as specified, and shall forfeit any license already obtained pursuant to those laws.
- Authorizes a person who is taken into custody by a bail agent in violation of the above prohibition to institute and prosecute a civil action for injunctive, monetary, or other appropriate relief against the bail fugitive recovery agent within three years after the cause of action accrues.
- Prohibits a judge from issuing an order directing a witness to appear if the criminal prosecution is based on the laws of another state that authorize a criminal penalty to an individual performing, receiving, supporting, or aiding in the performance or receipt of sexual or reproductive health care, including, but not limited to, an abortion, contraception, or gender-affirming care if the care is lawful under the laws of this state.
- Prohibits a state or local government employee, person, or entity contracted by a state or local government, or person or entity acting on behalf of a local or state government from cooperating with or providing information to any individual to apprehend, detain, or arrest a fugitive admitted to bail in another state, or out-of-state agency or department regarding any legally protected health care activity or otherwise expend or use time, moneys, facilities, property, equipment, personnel, or other resources in furtherance of any investigation or proceeding that seeks to impose civil or criminal liability or professional sanctions upon a person or entity for any legally protected health care activity that occurred in this state or that would be legal if it occurred in this state.
- Specifies that the above prohibition does not prohibit compliance with a valid, court-issued subpoena, warrant, wiretap order, pen register trap and trace order, or other legal process which does not relate to a law seeking to impose civil or criminal liability or professional sanctions for a legally protected health care activity, or in response to the written request of a person who is the subject of such an investigation or proceeding, to the extent necessary, in each case, to fulfill such request.
- Requires any out-of-state subpoena, warrant, wiretap order, pen register trap and trace order, other legal process, or request from any law enforcement agent or entity to include an affidavit or declaration under penalty of perjury that the discovery is not in connection with an out-of-state proceeding relating to any legally protected health care activity unless the out-of-state proceeding meets all of the following requirements:
- Is based in tort, contract, or on statute;
- Is actionable, in an equivalent or similar manner, under the laws of this state; or,
- Was brought by the patient who received a legally protected health care activity or the patient's legal representative.
- Prohibits a state court, judicial officer, court employee or clerk, or authorized attorney to issue a subpoena pursuant to any other state's law unless it includes the affidavit or declaration, as specified.
- Prohibits a California corporation that provides electronic communication services or remote computing services to the general public from complying with an out of state subpoena, warrant, wiretap order, pen register trap and trace order, other legal process, or request by a law enforcement agent or entity seeking records that would reveal the identity of the customers using those services, data stored by, or on behalf of, the customer, the customer's usage of those services, the recipient or destination of communications sent to or from those customers, or the content of those communications, unless the out of state subpoena, warrant, wiretap order, pen register trap and trace order, other legal process, or request from law enforcement includes the affidavit or declaration, as specified.
- Provides that it is abusive litigation to litigate or take other legal action to deter, prevent, sanction, or punish a person engaging in legally protected health care activity by either of the following:
- Filing or prosecuting an action in a state other than California where liability, in whole or part, directly or indirectly, is based on a legally protected health care activity that was legal in the state in which it occurred, including an action in which liability is based on a theory of vicarious, joint, or several liability; or
- Attempting to enforce an order or judgment issued in connection with an action described in the paragraph above by a party to the action or a person acting on behalf of a party to the action. A lawsuit shall be considered to be based on conduct that was legal in the state in which it occurred if a part of an act or omission involved in the course of conduct that forms the basis for liability in the lawsuit occurs or is initiated in a state in which the health care was legal, whether or not the act or omission is alleged or included in a pleading or other filing in the lawsuit.
- States that a public act or record of a foreign jurisdiction that prohibits, criminalizes, sanctions, authorizes a person to bring a civil action against, or otherwise interferes with a person, provider, or other entity in California that seeks, receives, causes, aids in access to, aids, abets, provides, or attempts or intends to seek, receive, cause, aid in access to, aid, abet, or provide, reproductive health care services or gender-affirming health care services shall be an interference with the exercise and enjoyment of the rights secured by the Constitution and laws of California and shall be a violation of the public policy of California.
- States that if a person, whether or not acting under color of law, engages or attempts to engage in abusive litigation that infringes on or interferes with, or attempts to infringe on or interfere with, a legally protected health care activity, then an aggrieved person, provider, carrier, or other entity, including a defendant in the abusive litigation, may institute and prosecute a civil action for injunctive, monetary, or other appropriate relief within three years after the cause of action accrues.
- Authorizes an aggrieved person, provider, or other entity, including a defendant in abusive litigation, to move to modify or quash a subpoena issued in connection with abusive litigation on the grounds that the subpoena is unreasonable, oppressive, or inconsistent with the public policy of California.
- Provides that if the court finds for the petitioner in a civil action for abusive litigation that infringes on or interferes with, or attempts to infringe on or interfere with, a legally protected health care activity, recovery shall be in the amount of three times the amount of actual damages, which shall include damages for the amount of a judgment issued in connection with an abusive litigation, and any other expenses, costs, or reasonable attorney's fees incurred in connection with the abusive litigation.
- Authorizes a court to exercise jurisdiction over a person in a civil action for abusive litigation that infringes on or interferes with, or attempts to infringe on or interfere with, a legally protected health care activity if any of the following apply:
- Personal jurisdiction is found;
- The person has commenced an action in a court in California and, during the pendency of that action or an appeal therefrom, a summons and complaint is served on the person or the attorney appearing on the person's behalf in that action or as otherwise permitted by law; or,
- The exercise of jurisdiction is permitted under the Constitution of the United States.
- Specifies that the above provision does not apply to a lawsuit or judgment entered in another state that is based on conduct for which a cause of action exists under the laws of California, including a contract, tort, common law, or statutory claims.
- States that the laws of California shall govern in a case or controversy heard in California related to reproductive health care services or gender-affirming health care services, except as may be required by federal law, and specifies that related provisions shall not be construed to provide jurisdiction over a California resident in an out-of-state forum when the California resident has not availed themselves of that forum.
- Requires a court to grant a stay of enforcement when a money judgment or lien on real property was obtained against a person or entity for exercising a right guaranteed under the United States Constitution or a right guaranteed under the California Constitution, or against a person or entity for aiding and abetting the exercise of said rights.
- Prohibits a person or business from collecting, using, disclosing, or retaining the personal information of a person who is physically located at, or within a precise geolocation of, a family planning center, except only as necessary to perform the services or provide the goods requested by the person. A person or business shall not sell or share this personal information.
- Defines "precise geolocation" as a geographic area that is equal to or less than the area of a circle with a radius of 1,850 feet as derived from a device that is used or intended to be used to locate a person.
- Authorizes an aggrieved person or entity, including a "family planning center," as specified, to institute and prosecute a civil action against any person or business who violates the prohibition on selling or sharing personal information for injunctive and monetary relief and attorney's fees within three years of discovery of the violation.
- Prohibits a "healing arts board" from denying an application for licensure or suspend, revoke, or otherwise impose discipline upon a licensee or health care practitioner, as specified, on the basis of a civil judgement, criminal prosecution, or disciplinary action in another state if that judgment, conviction, or disciplinary action is based solely on the application of another state's law that interferes with a person's right to receive sensitive services that would be lawful if provided in this state, regardless of the patient's location.
- Provides that the above prohibition does not apply if the action of another state is based upon conduct that would subject an applicant, licenses, or health care practitioner to a similar claim, charge, or action under California law.
- Provides that performance, recommendation, or provision of a legally protected health care activity by a health care practitioner acting within their scope of practice for a patient who resides in a state in which the performance, recommendation, or provision of that legally protected health care activity is illegal, does not, by itself, constitute professional misconduct, upon which discipline or other penalty may be taken.
- Replaces the term "unborn children" and "unborn person" to "fetus" in various provisions of existing law.
- Replaces the term "unborn person" to "unborn beneficiary" in various sections of the Probate Code.
- Contains a severability clause.
- Repeals existing law requiring an unemancipated minor to first obtain the written consent of one of their parents or legal guardians before receiving an abortion.
- Double-joints this bill with SB 667 (Dodd) of the current legislative session to avoid chaptering out issues.
COMMENTS
According to the Author
"In the wake of Roe being overturned last year, California strengthened and expanded access to reproductive health care and abortion services and provided many legal protections to patients and providers. California also affirmed the right to gender-affirming care. But as the assault on essential healthcare accelerates, new challenges are emerging to patients and health care providers who have extended a lifeline to patients who may be in a location where medically safe and effective abortions or gender affirming care are now illegal. SB 345 is necessary to ensure that California healthcare practitioners are legally protected when they provide essential reproductive and gender affirming care to any of their patients, regardless of their patient's location. As the CA Medical Board's letter in support notes, SB 345 'protects healthcare providers licensed in California … for performing healthcare activities within the standard of care permitted in California.' Additionally SB 345 makes it unlawful for bounty hunters or others to take enforcement actions against or apprehend people in California related to violations of another state's anti-abortion or anti-gender affirming care law."
Arguments in Support
According to California Public Defenders Association, "SB 345 would protect California health care providers and pharmacies from out-of-state criminal and civil actions merely for providing their patients with health care in the form of reproductive and gender-affirming care. Specifically, it would allow healthcare providers to prescribe and dispense contraception, abortion, and gender-affirming care regardless of where the patient is located without fear of prosecution or extradition due to other states' overreaching laws infringing on Californian physicians' right to practice medical care at a professionally mandated standard of care.
"Due to ongoing assaults on the medical profession, SB 345 would ensure that California is prohibited from co-operating with out-of-state extra-territorial law and interfering with a health care provider's right to provide legal care. In addition to defining “gender affirming health care," "legally protected health activity," "reproductive health services" as being protected from disclosure by other states/persons seeking to impose civil or criminal sanctions for acts occurring within California. SB 345 also amends Penal Code section 187 so that an unlawful killing of a fetus if it was “committed” by the mother is not homicide. This amendment would ensure there is no threat of being charged with homicide for receiving health care services provided within the State.
"Currently, California is a state where hate and bigotry do not interfere with a health care provider's ability to provide appropriate patient care. SB 345 will reaffirm that California is a safe and inclusive state providing the right of access to reproductive and gender-affirming health care."
Arguments in Opposition
According to California Catholic Conference, "With this bill, the Legislature is overstepping and engaging in ideological colonization against states and citizens that do not want abortion. SB 345 circumvents Article IV, section 1 of the [United States (U.S.)] Constitution, stating 'Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State.' Denying the legitimate interest of other states to protect unborn children and public health is a dangerous precedent. By explicitly contravening the U.S. Constitution, this bill could prompt other states to selectively decide to ignore laws duly enacted by the California Legislature.
"This bill would also remove the terms 'unborn child' and 'unborn person' from the code, replacing with 'fetus' and 'unborn beneficiary.' From the moment of fertilization, a new, unique, unrepeatable human being's life begins, as is affirmed throughout embryology textbooks and the consensus of 95% of biologists. Each of us began at the zygote stage, and modern science shows us the embryo's beating heart at just four weeks post-fertilization. By 8 weeks, all major organs are present, and babies even show a preference for their right or left hand. By 12 weeks, they can smile, yawn, and suck their thumb, all shown on incredible 4D ultrasound. Doctors routinely perform surgery and treat unborn babies right in the womb – and the babies are treated as patients in their own right and given anesthesia for their pain.
"As members of the human family, unborn children possess basic human rights. Removing the terms 'child' and 'person', this bill dehumanizes and erases preborn children, even as their factual biological existence and legal rights remain evident in their rights to guardians ad litem in probate court, benefits, and their needs for medical care."
FISCAL COMMENTS
According to the Assembly Appropriations Committee, Costs (Trial Court Trust Fund, General Fund) to the courts of an unknown but potentially significant amount. This bill creates a misdemeanor, creates a civil cause of action, and authorizes counterclaims in certain civil suits. Any criminal cases, civil cases, or counterclaims filed due to this bill will result in additional workload to the courts. Actual costs to the courts will depend on the number of cases and counterclaims filed and the amount of court time needed to resolve each matter. Although courts are not funded on the basis of workload, increased pressure on the Trial Court Trust Fund may create a need for increased funding for courts from the General Fund. The 2023-24 budget includes $105 million from the General Fund to backfill declining revenue to the Trial Court Trust Fund.
VOTES
SENATE FLOOR: 32-8-0
YES: Allen, Alvarado-Gil, Archuleta, Ashby, Atkins, Becker, Blakespear, Bradford, Caballero, Cortese, Dodd, Durazo, Eggman, Glazer, Gonzalez, Hurtado, Laird, Limón, McGuire, Menjivar, Min, Newman, Padilla, Portantino, Roth, Rubio, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener
NO: Dahle, Grove, Jones, Nguyen, Niello, Ochoa Bogh, Seyarto, Wilk
ASM JUDICIARY: 8-2-1
YES: Maienschein, Connolly, Haney, Kalra, Pacheco, Papan, Reyes, McKinnor
NO: Dixon, Sanchez
ABS, ABST OR NV: Essayli
ASM PUBLIC SAFETY: 6-1-1
YES: Jones-Sawyer, Bonta, Bryan, Ortega, Santiago, Zbur
NO: Lackey
ABS, ABST OR NV: Alanis
ASM APPROPRIATIONS: 11-4-1
YES: Holden, Bryan, Calderon, Wendy Carrillo, Mike Fong, Hart, Lowenthal, Papan, Pellerin, Weber, Wilson
NO: Megan Dahle, Dixon, Mathis, Sanchez
ABS, ABST OR NV: Soria
UPDATED
VERSION: September 1, 2023
CONSULTANT: Andrew Ironside / PUB. S. / (916) 319-3744 FN: 0001636
Date of Hearing: August 23, 2023
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Chris Holden, Chair
SBPCA Bill Id:SB 345
Author:(Skinner) – As Amended Ver:July 6, 2023
Policy Committee: | Judiciary | Vote: | 8 - 2 |
Public Safety | 6 - 1 | ||
|
|
Urgency: No State Mandated Local Program: Yes Reimbursable: No
SUMMARY:
This bill adds professional and legal safeguards for medical professionals who provide health care services relating to abortion or gender affirming care in jurisdictions where those health care services are unlawful.
Specifically, among other provisions, this bill:
- Limits the enforcement of civil actions arising from another state’s laws that prohibit abortion or gendering affirming care against persons in California, and gives a person subject to such lawsuits the ability to file a counter claim in California courts.
- Makes it a misdemeanor for a bail fugitive recovery agent to apprehend, detain, or arrest a bail fugitive admitted to bail in another state whose alleged offense or conviction was for the violation of the laws of another state in which it is a crime to perform or receive sexual or reproductive health care. This misdemeanor is punishable by a fine of $5,000 or by imprisonment in a county jail not to exceed one year, or by both, and specified licensure penalties.
- Creates a civil cause of action that allows a person who is taken into custody by a bail agent in violation of 2), above, to file a lawsuit seeking injunctive, monetary, or other appropriate relief against the bail agent.
- States that, notwithstanding any other law and except as required by federal law, a demand for the extradition of a person charged with any legally protected health care activity shall not be recognized by the Governor, except as specified.
- Prohibits a person or business from collecting, using, disclosing, or retaining the personal information of a person who is physically located at, or within a precise geolocation of, a family planning center, except only as necessary to perform the services or provide the goods requested by the person. A person or business shall not sell or share this personal information.
- Prohibits a board from suspending or revoking the license of a person solely because that person provided a legally protected health care activity, as defined.
- Prohibits a board from denying an application for licensure or from suspending, revoking, or otherwise imposing discipline upon a person licensed, as specified, because the person was disciplined for, or convicted of, an offense in another state in which they were licensed if the suspension, revocation, or other discipline was for providing a health care activity that is legally protected in California.
FISCAL EFFECT:
Costs (Trial Court Trust Fund, General Fund) to the courts of an unknown but potentially significant amount. This bill creates a misdemeanor, creates a civil cause of action, and authorizes counterclaims in certain civil suits. Any criminal cases, civil cases, or counterclaims filed due to this bill will result in additional workload to the courts. Actual costs to the courts will depend on the number of cases and counterclaims filed and the amount of court time needed to resolve each matter. Although courts are not funded on the basis of workload, increased pressure on the Trial Court Trust Fund may create a need for increased funding for courts from the General Fund. The 2023-24 budget includes $105 million from the General Fund to backfill declining revenue to the Trial Court Trust Fund.
COMMENTS:
- Purpose. According to the author:
In the wake of Roe being overturned last year, California strengthened and expanded access to reproductive health care and abortion services and provided many legal protections to patients and providers. California also affirmed the right to gender-affirming care. But as the assault on essential healthcare accelerates, new challenges are emerging to patients and health care providers who have extended a lifeline to patients who may be in a location where medically safe and effective abortions or gender affirming care are now illegal. SB 345 is necessary to ensure that California healthcare practitioners are legally protected when they provide essential reproductive and gender affirming care to any of their patients, regardless of their patient’s location. As the CA Medical Board’s letter in support notes, SB 345 ‘protects healthcare providers licensed in California … for performing healthcare activities within the standard of care permitted in California.’ Additionally SB 345 makes it unlawful for bounty hunters or others to take enforcement actions against or apprehend people in California related to violations of another state’s anti-abortion or anti-gender affirming care law.
- Background. In 2022, the U.S. Supreme Court overturned Roe v. Wade, eliminating federal constitutional protections for abortion care. As a result, many states have now outlawed abortion and related reproductive health care services. Many states have also passed laws significantly restricting or even criminalizing provision of gender affirming health care services. In response, California has enacted a series of laws that affirm state constitutional protections for the right to reproductive health care.
This bill adds additional professional and legal protections for Californians who receive or provide abortion services or gender affirming health care. The bill clarifies that no healthcare professional in California may be disciplined by their regulator solely for providing health care services that are lawful in this state, so long as such care meets all applicable standards of care. Additionally, this measure seeks to limit the enforcement of civil actions arising from another state’s laws that prohibit abortion or gendering affirming care against persons in California, and gives a person subject to such lawsuits the ability to file a counterclaim in California courts. This bill also adds criminal liability and licensing penalties for bail agents who enforce out-of-state criminal sanctions against a person who is in California. Finally, this measure enhances personal privacy protections for people who go to a family planning center.
- Related Legislation. AB 1194 (Carrillo) specifies that a person accessing or searching for reproductive health services does not qualify for an exemption under the California Consumer Privacy Act for being at risk or danger of death or serious physical injury. AB 1194 is pending in the Senate Appropriations Committee.
AB 1707 (Pacheco) protects California-licensed health care professionals from adverse licensing actions or losing staff privileges in this state as a result of an adverse action taken in another jurisdiction from providing abortion care that is legal in California. AB 1707 is pending in the Senate Appropriations Committee.
SB 36 (Skinner) would have prohibited a magistrate from issuing a warrant for the arrest of a bail fugitive whose alleged offense or conviction is for the violation of another state’s laws that criminalize reproductive health care or gender affirming care that is lawful in this state, regardless of the individual’s location. SB 36 was held on the Senate Appropriations Committee’s suspense file.
SB 487 (Atkins) establishes protections for health care providers who contract with health plans and insurers, or are enrolled as Medi-Cal providers, from specified adverse outcomes pertaining to provision of abortion or gender affirming care. SB 487 is pending in this committee.
Analysis Prepared by: Annika Carlson / APPR. / (916) 319-2081
Date of Hearing: July 11, 2023
Counsel: Andrew Ironside
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Reginald Byron Jones-Sawyer, Sr., Chair
SBPCA Bill Id:SB 345
Author:(Skinner) – As Amended Ver:July 6, 2023
SUMMARY: Enacts various safeguards against the enforcement of out-of-state anti-abortion and anti-transgender laws to protect individuals seeking and providing gender-affirming health care in California. Specifically, this bill:
- States that California law governs in any action, whether civil, administrative, or criminal, against any person who provides, receives, aids or abets in providing or receiving, or attempts to provide or receive, by any means, including telehealth, reproductive health care services and gender-affirming health care services, including gender-affirming mental health care services, if the care was legal in the state in which it was provided at the time of the challenged conduct.
- Declares that access to reproductive health care services and gender-affirming health care services is a right secured by the Constitution and laws of California and that interference with this right, whether or not under the color of law, is against the public policy of California.
- Defines “legally protected health care activity” to mean the following:
- The exercise and enjoyment, or attempted exercise and enjoyment, by a person of rights to reproductive health care services, gender-affirming health care services, or gender-affirming mental health care services secured by the Constitution or laws of California by a health care service plan contract or a policy, or a certificate of health insurance, that provides for such services;
- An act or omission undertaken to aid or encourage, or attempt to aid or encourage, a person in the exercise and enjoyment or attempted exercise and enjoyment of rights to reproductive health care services, gender-affirming health care services, or gender-affirming mental health care services secured by the Constitution or laws of California; or,
- The provision of the health care services by a person duly licensed under the laws of California and the coverage of, and reimbursement for, such services by a health care service plan or a health insurer, if the service is lawful under the laws of California, regardless of the patient’s location.
- The exercise and enjoyment, or attempted exercise and enjoyment, by a person of rights to reproductive health care services, gender-affirming health care services, or gender-affirming mental health care services secured by the Constitution or laws of California by a health care service plan contract or a policy, or a certificate of health insurance, that provides for such services;
- Specifies that “legally protected health care activity” does not include any activity that would be deemed unprofessional conduct or that would violate antidiscrimination laws of California.
- Defines “reproductive health care services” as all services, care, or products of a medical, surgical, psychiatric, therapeutic, diagnostic, mental health, behavioral health, preventative, rehabilitative, supportive, consultative, referral, prescribing, or dispensing nature relating to the human reproductive system provided in accordance with the constitution and laws of this state, whether provided in person or by means of telehealth services which includes, but is not limited to, all services, care, and products relating to pregnancy, the termination of a pregnancy, assisted reproduction, or contraception.
- Clarifies that the abortion exemption to murder includes an act or omission by a person pregnant with the fetus.
- Prohibits a magistrate from issuing a warrant for the arrest of an individual whose alleged offense or conviction is for the violation of the laws of another state that authorize a criminal penalty to an individual performing, receiving, supporting, or aiding in the performance or receipt of an abortion, contraception, reproductive care, or gender-affirming care if the abortion, contraception, reproductive care, or gender-affirming care is lawful under the laws of this state, regardless of the recipient’s location.
- Provides that a bondsman or person authorized to apprehend, detain, or arrest a fugitive admitted to bail in another state who takes into custody a fugitive admitted to bail in another state whose alleged offense or conviction is for the violation of the laws of another state that authorize a criminal penalty to an individual performing, receiving, supporting, or aiding in the performance or receipt of sexual or reproductive health care if it is lawful under the laws of this state, regardless of the recipient’s location, without a magistrate’s order, is ineligible for a license issued as specified, and shall forfeit any license already obtained as specified.
- Prohibits a bail fugitive recovery agent from apprehending, detaining, or arresting a bail fugitive admitted to bail in another state whose alleged offense or conviction was for the violation of the laws of another state that authorize a criminal penalty to an individual performing, receiving, supporting, or aiding in the performance or receipt of sexual or reproductive health care if it is lawful under the laws of this state, regardless of the recipient’s location.
- Provides that bail fugitive recovery agent who violates the above prohibition is guilty of a misdemeanor punishable by a fine of $5,000 or by imprisonment in a county jail not to exceed one year, or by both that imprisonment and fine, is ineligible for a license, as specified, and shall forfeit any license already obtained pursuant to those laws.
- Authorizes a person who is taken into custody by a bail agent in violation of the above prohibition to institute and prosecute a civil action for injunctive, monetary, or other appropriate relief against the bail fugitive recovery agent within three years after the cause of action accrues.
- Prohibits a judge from issuing an order directing a witness to appear if the criminal prosecution is based on the laws of another state that authorize a criminal penalty to an individual performing, receiving, supporting, or aiding in the performance or receipt of sexual or reproductive health care, including, but not limited to, an abortion, contraception, or gender-affirming care if the care is lawful under the laws of this state.
- Prohibits a state or local government employee, person, or entity contracted by a state or local government, or person or entity acting on behalf of a local or state government from cooperating with or providing information to any individual to apprehend, detain, or arrest a fugitive admitted to bail in another state, or out-of-state agency or department regarding any legally protected health care activity or otherwise expend or use time, moneys, facilities, property, equipment, personnel, or other resources in furtherance of any investigation or proceeding that seeks to impose civil or criminal liability or professional sanctions upon a person or entity for any legally protected health care activity that occurred in this state or that would be legal if it occurred in this state.
- Specifies that the above prohibition does not prohibit compliance with a valid, court-issued subpoena or warrant which does not relate to a law seeking to impose civil or criminal liability or professional sanctions for a legally protected health care activity, or in response to the written request of a person who is the subject of such an investigation or proceeding, to the extent necessary, in each case, to fulfill such request.
- Requires any out-of-state subpoena or warrant to include an affidavit or declaration under penalty of perjury that the discovery is not in connection with an out-of-state proceeding relating to any legally protected health care activity unless the out-of-state proceeding meets all of the following requirements:
- Is based in tort, contract, or on statute;
- Is actionable, in an equivalent or similar manner, under the laws of this state; or,
- Was brought by the patient who received a legally protected health care activity or the patient’s legal representative.
- Is based in tort, contract, or on statute;
- States that, notwithstanding any other law and except as required by federal law, a demand for the extradition of a person charged with any legally protected health care activity shall not be recognized by the Governor, except as specified.
- Provides that it is abusive litigation to litigate or take other legal action to deter, prevent, sanction, or punish a person engaging in legally protected health care activity by either of the following:
- Filing or prosecuting an action in a state other than California where liability, in whole or part, directly or indirectly, is based on a legally protected health care activity that was legal in the state in which it occurred, including an action in which liability is based on a theory of vicarious, joint, or several liability; or
- Attempting to enforce an order or judgment issued in connection with an action described in the paragraph above by a party to the action or a person acting on behalf of a party to the action. A lawsuit shall be considered to be based on conduct that was legal in the state in which it occurred if a part of an act or omission involved in the course of conduct that forms the basis for liability in the lawsuit occurs or is initiated in a state in which the health care was legal, whether or not the act or omission is alleged or included in a pleading or other filing in the lawsuit.
- Filing or prosecuting an action in a state other than California where liability, in whole or part, directly or indirectly, is based on a legally protected health care activity that was legal in the state in which it occurred, including an action in which liability is based on a theory of vicarious, joint, or several liability; or
- States that a public act or record of a foreign jurisdiction that prohibits, criminalizes, sanctions, authorizes a person to bring a civil action against, or otherwise interferes with a person, provider, or other entity in California that seeks, receives, causes, aids in access to, aids, abets, provides, or attempts or intends to seek, receive, cause, aid in access to, aid, abet, or provide, reproductive health care services or gender-affirming health care services shall be an interference with the exercise and enjoyment of the rights secured by the Constitution and laws of California and shall be a violation of the public policy of California.
- States that if a person, whether or not acting under color of law, engages or attempts to engage in abusive litigation that infringes on or interferes with, or attempts to infringe on or interfere with, a legally protected health care activity, then an aggrieved person, provider, carrier, or other entity, including a defendant in the abusive litigation, may institute and prosecute a civil action for injunctive, monetary, or other appropriate relief within three years after the cause of action accrues.
- Authorizes an aggrieved person, provider, or other entity, including a defendant in abusive litigation, to move to modify or quash a subpoena issued in connection with abusive litigation on the grounds that the subpoena is unreasonable, oppressive, or inconsistent with the public policy of California.
- Provides that if the court finds for the petitioner in a civil action for abusive litigation that infringes on or interferes with, or attempts to infringe on or interfere with, a legally protected health care activity, recovery shall be in the amount of three times the amount of actual damages, which shall include damages for the amount of a judgment issued in connection with an abusive litigation, and any other expenses, costs, or reasonable attorney’s fees incurred in connection with the abusive litigation.
- Authorizes a court to exercise jurisdiction over a person in a civil action for abusive litigation that infringes on or interferes with, or attempts to infringe on or interfere with, a legally protected health care activity if any of the following apply:
- Personal jurisdiction is found;
- The person has commenced an action in a court in California and, during the pendency of that action or an appeal therefrom, a summons and complaint is served on the person or the attorney appearing on the person’s behalf in that action or as otherwise permitted by law; or,
- The exercise of jurisdiction is permitted under the Constitution of the United States.
- Personal jurisdiction is found;
- Specifies that the above provision does not apply to a lawsuit or judgment entered in another state that is based on conduct for which a cause of action exists under the laws of California, including a contract, tort, common law, or statutory claims.
- States that the laws of California shall govern in a case or controversy heard in California related to reproductive health care services or gender-affirming health care services, except as may be required by federal law, and specifies that related provisions shall not be construed to provide jurisdiction over a California resident in an out-of-state forum when the California resident has not availed themselves of that forum.
- Requires a court to grant a stay of enforcement when a money judgment or lien on real property was obtained against a person or entity for exercising a right guaranteed under the United States Constitution or a right guaranteed under the California Constitution, or against a person or entity for aiding and abetting the exercise of said rights.
- Prohibits a person or business from collecting, using, disclosing, or retaining the personal information of a person who is physically located at, or within a precise geolocation of, a family planning center, except only as necessary to perform the services or provide the goods requested by the person. A person or business shall not sell or share this personal information.
- Defines “precise geolocation” as a geographic area that is equal to or less than the area of a circle with a radius of 1,850 feet as derived from a device that is used or intended to be used to locate a person.
- Defines “family planning center” as a business categorized as a family planning center by the North American Industry Classification System adopted by the United States Census Bureau, including, but not limited to, an abortion clinic, birth control clinic, pregnancy counseling center, or reproductive health services center.
- Authorizes an aggrieved person or entity, including a family planning center, to institute and prosecute a civil action against any person or business who violates the prohibition on selling or sharing personal information for injunctive and monetary relief and attorney’s fees within three years of discovery of the violation.
- Prohibits a board from suspending or revoking the license of a person solely because that person provided a legally protected health care activity, as defined.
- Prohibits a board from denying an application for licensure or from suspending, revoking, or otherwise imposing discipline upon a person licensed, as specified, because the person was disciplined for, or convicted of, an offense in another state in which they were licensed if the suspension, revocation, or other discipline was for providing legally protected health care activity, as specified.
- Provides that performance, recommendation, or provision of a legally protected health care activity by a health care practitioner acting within their scope of practice for a patient who resides in a state in which the performance, recommendation, or provision of that legally protected health care activity is illegal, does not, by itself, constitute professional misconduct, upon which discipline or other penalty may be taken.
- Replaces the term “unborn children” and “unborn person” to “fetus” in various provisions including, among others, defining low-risk pregnancy conditions for determining the scope of authorization of a certificate to practice nurse-midwifery, defining active labor for health facility licensing provisions, and defining spouse for California State Teachers’ Retirement System benefits.
- Replaces the term “unborn person” to “unborn beneficiary” in various sections of the Probate Code.
- Contains a severability clause.
- Repeals section 123450 of the Health and Safety Code requiring an unemancipated minor to first obtain the written consent of one of their parents or legal guardians before receiving an abortion, a requirement that was held unconstitutional in American Academy of Pediatrics v. Lungren (1997) 16 Cal.4th 307.
EXISTING LAW:
- Establishes the Reproductive Privacy Act which provides that the Legislature finds and declares that every individual possesses a fundamental right of privacy with respect to personal reproductive decisions, which entails the right to make and effectuate decisions about all matters relating to pregnancy, including prenatal care, childbirth, postpartum care, contraception, sterilization, abortion care, miscarriage management, and infertility care. Accordingly, it is the public policy of the State of California that:
- Every individual has the fundamental right to choose or refuse birth control;
- Every individual has the fundamental right to choose to bear a child or to choose to obtain an abortion, with specified limited exceptions; and,
- The state shall not deny or interfere with a person’s fundamental right to choose to bear a child or to choose to obtain an abortion, except as specifically permitted. (Health & Saf. Code, § 123462.)
- Every individual has the fundamental right to choose or refuse birth control;
- Provides that the state may not deny or interfere with a person’s right to choose or obtain an abortion prior to viability of the fetus or when the abortion is necessary to protect the life or health of the person. (Health & Saf. Code § 123466, subd. (a).)
- Requires a court to grant a stay of enforcement of a judgment based on a sister state judgment by filing an application with a superior court and requires the court clerk to enter a judgment based on the application under specified circumstances. (Code Civ. Proc., § 1710.50.)
- States that a person shall not be compelled in a state, county, city, or other local criminal, administrative, legislative, or other proceeding to identify or provide information that would identify or that is related to an individual who has sought or obtained an abortion if the information is being requested based on either another state’s laws that interfere with a person’s rights or a foreign penal civil action. (Health & Saf. Code, §123466, subd. (b).)
- Prohibits, under the Confidentiality of Medical Information Act (CMIA), providers of health care, health care service plans, or contractors, as defined, from sharing medical information without the patient’s written authorization, subject to certain exceptions. (Civ. Code, § 56 et seq.)
- Defines murder as the unlawful killing of a human being, or a fetus, with malice aforethought. (Pen. Code, § 187, subd. (a).)
- Exempts from the definition of murder a person who commits an act that results in the death of a fetus if any of the following apply:
- The act complied with the Therapeutic Abortion Act;
- The act was committed by a holder of a physician’s and surgeon’s certificate in a case where, to a medical certainty, the result of childbirth would be death of the mother of the fetus or where her death from childbirth, although not medically certain, would be substantially certain or more likely than not.
- If the act is solicited, aided, abetted, or consented to by the mother of the fetus. (Pen. Code, § 187, subd. (b).)
- The act complied with the Therapeutic Abortion Act;
- States that it is the duty of the Governor of this State to have arrested and delivered up to the executive authority of any other State any person charged in that state with treason, felony or other crime, who has fled from justice and is found in this State. (Pen. Code, § 1548.1.)
- States that no demand for the extradition of a person charged with a crime in another state shall be recognized by the Governor unless it meets specified requirements including that the demand is in writing alleging that the accused was present in the demanding state at the time of the commission of the alleged crime, and that thereafter the person fled from that state. (Pen. Code, § 1548.2.)
- Provides that the Governor may also surrender, on demand of the executive authority of another state any person in this state with committing an act in this state, or in a third state, that results in a crime in the demanding state though the accused was not in the demanding state at the time of the commission of the crime, and has not fled therefrom. (Pen. Code, § 1549.1.)
FISCAL EFFECT: Unknown.
COMMENTS:
- Author's Statement: According to the author, “In the wake of Roe being overturned last year, California strengthened and expanded access to reproductive health care and abortion services and provided many legal protections to patients and providers. California also affirmed the right to gender-affirming care. But as the assault on essential healthcare accelerates, new challenges are emerging to patients and health care providers who have extended a lifeline to patients who may be in a location where medically safe and effective abortions or gender affirming care are now illegal. SB 345 is necessary to ensure that California healthcare practitioners are legally protected when they provide essential reproductive and gender affirming care to any of their patients, regardless of their patient’s location. As the CA Medical Board’s letter in support notes, SB 345 ‘protects healthcare providers licensed in California … for performing healthcare activities within the standard of care permitted in California.’ Additionally SB 345 makes it unlawful for bounty hunters or others to take enforcement actions against or apprehend people in California related to violations of another state’s anti-abortion or anti-gender affirming care law.”
- Reproductive Rights in California: Roe v. Wade (1973) 410 U.S. 113 (overruled by Dobbs v. Jackson Women’s Health (2022) 142 S. Ct. 2228) was the landmark U.S. Supreme Court decision that held that the implied constitutional right to privacy extends to a person’s decision whether to terminate a pregnancy. Specifically, the Court found for the first time that the constitutional right to privacy is “broad enough to encompass a woman’s decision whether or not to terminate her pregnancy.” Roe had been one of the most debated Supreme Court decisions, and its application and validity continued to be challenged time and again. For example, in Planned Parenthood of Southeastern Pennsylvania v. Casey (1992) 505 U.S. 833, the Court reaffirmed the basic holding of Roe, yet also permitted states to impose restrictions on abortion as long as those restrictions do not create an undue burden on a person’s right to choose to terminate a pregnancy.
Last year, in Dobbs v. Jackson Women’s Health, supra, the U.S. Supreme Court overturned Roe v. Wade holding that, contrary to 50 years of precedent, there is no fundamental constitutional right to have an abortion. (Dobbs, 142 S. Ct. at 2242.) The majority opinion further provided that states should be allowed to decide how to regulate abortion and that a strong presumption of validity should be afforded to those state laws. (Id. at 2283-2284.)
In California, before Roe v. Wade was decided by the U.S. Supreme Court, the California Supreme Court held in 1969 that the state constitution’s express right to privacy extends to an individual’s decision about whether or not to have an abortion. (People v. Belous (1969) 71 Cal.2d 954.) Existing California statutory law provides, under the Reproductive Privacy Act, that the Legislature finds and declares every individual possesses a fundamental right of privacy with respect to personal reproductive decisions; therefore, it is the public policy of the State of California that every individual has the fundamental right to choose or refuse birth control and the right to choose to bear a child or to choose to obtain an abortion. (Health & Saf. Code, § 123462, subds. (a)-(b).) The Act further provides that it is the public policy of the state that the state shall not deny or interfere with a person’s fundamental right to choose or obtain an abortion prior to viability of the fetus or when the abortion is necessary to protect the life or health of the pregnant person. (Health & Saf. Code, § 123466.)
In the 2022 general election, California voters approved Proposition 1 to amend the state constitution to guarantee the right to abortion and contraception. This ballot measure was approved by 66.9% of voters. (Secretary of State, November 8, 2022 General Election State Ballot Measures by County <https://elections.cdn.sos.ca.gov/sov/2022-general/sov/props.pdf> [as of Apr. 11, 2023].)
Last year, several bills were enacted to further protect reproductive rights in California. AB 1242 (Bauer-Kahan), Chapter 627, Statutes of 2022, protects reproductive digital information handled by companies incorporated or headquartered in California and prevents the arrest of individuals or the disclosure by law enforcement of information in an investigation related to any abortion that is legal in California. AB 1666 (Bauer-Kahan), Chapter 42, Statutes of 2022, declares that a law of another state that authorizes a person to bring a civil action against a person or entity that receives or seeks, performs or induces, or aids or abets the performance of an abortion, or who attempts or intends to engage in those actions, is contrary to the public policy of this state. AB 2091 (Bonta), Chapter 628, Statutes of 2022, prohibits a provider of health care, health care service plan, or contractor from releasing medical information related to an individual seeking or obtaining an abortion in response to a subpoena or request if that subpoena or request is based on either another state's laws that interfere with a person's rights set forth in the Reproductive Privacy Act and prohibits the issuance of a subpoena, from the superior court or an attorney licensed in California, based on a civil action authorized by the law of a state other than this state in which the sole purpose is to punish an offense against the public justice of that state. AB 2223 (Wicks), Chapter 629, Statutes of 2022 prohibits a person from being criminally or civilly liable for miscarriage, stillbirth, abortion, or perinatal death due to causes that occurred in utero.
This bill makes additional changes to civil and criminal laws to protect patients and health care providers who provide patients with a legally protected health care activity. According to the background information provided by the author of this bill, “approximately 53% of abortions are done through medication rather than surgery, and 64% of abortions before the 10th week of gestation are done through medication rather than surgery. Medication abortion ends a pregnancy in its early stages. The medications are generally administered up to 10 weeks into a pregnancy, using a safe and effective two-drug protocol, mifepristone and misoprostol. The first drug, mifepristone, also known as ‘Mifeprex’ or ‘RU-486,’ blocks the action of the natural hormone progesterone on the uterus. This causes the lining of the uterus to shed, as it does during a period, and stops the growth of the pregnancy. This medication can be administered in the clinic, mailed to a patient’s location, or sent home with a patient. The second drug, misoprostol, causes the uterus to contract and initiates bleeding and cramping, Misoprostol is taken by the patient 6 to 72 hours after taking the first medication, mifepristone. Misoprostol completes the abortion.”
Because medication abortion necessarily involves a time lapse between when the patient interacts with the medical professional to receive the pills and two phases of medication, it is possible for people who travel to California to receive such services that they may be in another state over the course of the treatment, potentially opening them up for criminal prosecution or civil liability in that state.
This bill would address the issue raised by medication abortion by specifically allowing medical providers to provide abortion medication that is legal in California to a patient regardless of where the patient is located. This bill would also prohibit the sharing of information that is sought through subpoenas or a warrant for an out-of-state prosecution or law suit when the information is related to the legally protected health care in California. This bill would also prohibit the suspension or revocation of a person solely because the person provided legally protected health care activity.
This bill would also allow medical providers and individuals to bring suit in California against anyone who interferes with the healthcare provider’s right to provide care that is legal in California or with a patient’s right to receive such care.
Finally, this bill repeals Section 123450 of the Health and Safety Code requiring an unemancipated minor to first obtain the written consent of one of their parents or legal guardians before receiving an abortion, a requirement that was held unconstitutional in American Academy of Pediatrics v. Lungren (1997) 16 Cal.4th 307. - Gender-Affirming Health Care Protections in California: Last year, in response to a series of laws and executive orders adopted in other states that impose civil and/or criminal liability on transgender youth, their parents and medical providers who assist them in obtaining gender-affirming care, California enacted protections for such individuals obtaining care in this state. The new law, among other things, prohibits the sharing of medical records regarding the receipt of gender-affirming care; the enforcement of out-of-state subpoenas seeking information regarding the receipt of gender-affirming medical care in California; and the enforcement of laws of another state that authorize the removal of a child from their parent or guardian and enforcement of out-of-state criminal laws related to gender-affirming health care. (SB 107 (Wiener), Chapter 810, Statutes of 2022.)
Similar to the issue raised by medication abortion, gender-affirming health care can entail a regimen of hormones and treatment that is legal in California, however patients who take these hormones out of state may subject themselves or their medical provider to another state’s laws banning such care. This bill would allow medical providers to provide gender-affirming health care to a patient regardless of where the patient is located. This bill would also prohibit the sharing of information that is sought through subpoenas or a warrant for an out-of-state prosecution or law suit when the information is related to the legally protected health care in California.
This bill also allows medical providers and individuals to bring suit in California against anyone who interferes with the healthcare provider’s right to provide care that is legal in California or with a patient’s right to receive such care. - Full Faith and Credit Clause: Generally, the laws of the state regulate conduct that occurs within that state. However, situations may arise where more than one state’s laws may apply such as collection of previously-owed income taxes or child support obligations from another state. Or one state has jurisdiction to criminally prosecute an offense because someone has fled the state or committed part of the crime in the prosecuting state. Under the United States Constitution, states are required to provide full faith and credit to “to the public acts, records, and judicial proceedings of every other state. (U.S. Const. art. IV, sec. 1.)”
The Full Faith and Credit Clause may be implicated when there is a conflict between the laws of the different states. At least one court has held that any effort by a state to apply its criminal laws beyond its state borders to criminalize activity that is otherwise lawful in the other state. (Bigelow v. Virginia (1975) 421 U.S. 809.) However, the Supreme Court has also held that even when criminal conduct takes place outside of the state, extraterritorial jurisdiction may be proper when the conduct was intended to produce or did produce harmful effects within the state. (Strassheim v. Daily (1911) 221 U.S. 280.)
The Supreme Court has also made a distinction between the strength of the Full Faith and Credit Clause’s applications to judgments versus state law. “The Full Faith and Credit Clause does not compel ‘a state to substitute the statutes of other states for its own statutes dealing with a subject matter concerning which it is competent to legislate. Regarding judgments, however, the full faith and credit obligation is exacting. A final judgment in one State, if rendered by a court with adjudicatory authority over the subject matter and persons governed by the judgment, qualifies for recognition throughout the land.’” (Baker v. General Motors Co., supra, 522 U.S. at 232-233.) This concept is often referred to as the “public policy exception” meaning statutes in other states is given effect only if they do not contravene the public policy of the other state.
By refusing to recognize the laws of another state, this bill appears to implicate the Full Faith and Credit Clause. California has declared that such laws that criminalize abortion, contraceptives and gender-affirming health care are against the public policy of this state and shall not be enforced in a court in this state. This bill further declares that access to reproductive health care services and gender-affirming health care services is a right secured by the Constitution and laws of California and that interference with this right, whether or not under the color of law, is against the public policy of California. Thus, a challenge based on a violation of the Full Faith and Credit Clause would likely be met with a response that the public policy exception applies. Whether such exception applies is ultimately up to the courts. - Extradition Process: Extradition refers to the legal process of returning fugitives from justice back to the state in which they allegedly committed a crime or violated the terms of their bail, probation, or parole.
Extradition between states is guaranteed by the Extradition Clause of the United States Constitution, which provides, “A Person charged in any State with Treason, Felony, or other Crime, who shall flee from Justice, and be found in another State, shall on Demand of the executive Authority of the State from which he fled, be delivered up, to be removed to the State having Jurisdiction of the Crime.” (U.S. Const. art. IV, § 2, cl. 2.) The Extradition Clause has been implemented by 18 USC § 3182. The Extradition Clause in the Constitution is limited, as it refers only to persons “who shall flee from justice” and requires surrender to the state from which they “fled.” So, it covers only persons who committed a crime in one state and then flee from there. (In re Morgan (1948) 86 Cal.App.2d 217, 223.)
“The federal constitutional and statutory provisions are not exclusive and the state are free to cooperate with one another by extending interstate rendition beyond that required by federal law.” (In re Cooper (1960) 53 Cal.2d 772, 775.) Besides the Extradition Clause of the United States Constitution, most states, including California, are also bound by the Uniform Criminal Extradition Act (UCEA), which goes beyond the Constitution and its implementing statute. The UCEA is enforceable within any state that adopts it, whether or not the demanding state has a similar statute. (In re Morgan, supra, 86 Cal.App.2d at p. 224.)
Under the UCEA, the Governor of the state has the duty to have arrested and delivered to the executive authority of any other state a person charged in that state with a crime, who has fled from justice and is found in this State. (Pen. Code, § 1548.1.) Any person, who while present in the demanding state, commits a crime there and is subsequently found in another state, is a “fugitive from justice” and subject to extradition. (Pen. Code, § 1548.1.)
The UCEA provides the manner in which an extradition request must be made: “No demand for the extradition of a person charged with crime in another State shall be recognized by the Governor unless it is in writing alleging that the accused was present in the demanding State at the time of the commission of the alleged crime, and that thereafter he fled from that State. Such demand shall be accompanied by a copy of an indictment found or by information or by a copy of an affidavit made before a magistrate in the demanding State together with a copy of any warrant which was issued thereon; or such demand shall be accompanied by a copy of a judgment of conviction or of a sentence imposed in execution thereof, together with a statement by the executive authority of the demanding State that the person claimed has escaped from confinement or has violated the terms of his bail, probation or parole. The indictment, information, or affidavit made before the magistrate must substantially charge the person demanded with having committed a crime under the law of that State; and the copy of indictment, information, affidavit, judgment of conviction or sentence must be certified as authentic by the executive authority making the demand.” (Pen. Code, § 1548.2.) However, under the UCEA, the Governor also has discretion to extradite a person who commits an act in California (or another state besides the demanding state) that intentionally results in a crime in the demanding state even if the accused was not in the demanding state at the time of the commission of the crime, and has not fled therefrom. (Pen. Code, § 1549.1.)
This bill states that notwithstanding Penal Code section 1549.1 or any other law, except as required by federal law, a demand for the extradition of a person charged with legally protected health care activity shall not be recognized by the Governor unless it is alleged in writing that the accused was present in the demanding state at the time of the commission of the offense and that the accused thereafter fled from that state. The intent of this provision is to protect against extradition requests from another state criminalizing an act committed by a health care provider or an individual receiving care in California that results in a crime in that state. - Abortion Exemption in Murder Definition: Under existing law, murder is the unlawful killing of a human being, or a fetus, with malice aforethought but specifically provides that it does not apply “to any person who commits an act that results in the death of a fetus if…the act is solicited, aided, abetted, or consented to by the mother of the fetus.” (Pen. Code § 187(a) & (b)(3).)
This bill expands the abortion exemption within the definition of murder to include when the person pregnant with the fetus commits the act that results in the death of the fetus. This change would clarify that self-managed abortion is not murder. - Argument in Support: According to California Public Defenders Association, “SB 345 would protect California health care providers and pharmacies from out-of-state criminal and civil actions merely for providing their patients with health care in the form of reproductive and gender-affirming care. Specifically, it would allow healthcare providers to prescribe and dispense contraception, abortion, and gender-affirming care regardless of where the patient is located without fear of prosecution or extradition due to other states’ overreaching laws infringing on Californian physicians’ right to practice medical care at a professionally mandated standard of care.
“Due to ongoing assaults on the medical profession, SB 345 would ensure that California is prohibited from co-operating with out-of-state extra-territorial law and interfering with a health care provider’s right to provide legal care. In addition to defining “gender affirming health care,” “legally protected health activity,” “reproductive health services” as being protected from disclosure by other states/persons seeking to impose civil or criminal sanctions for acts occurring within California. SB 345 also amends Penal Code section 187 so that an unlawful killing of a fetus if it was “committed” by the mother is not homicide. This amendment would ensure there is no threat of being charged with homicide for receiving health care services provided within the State.
“Currently, California is a state where hate and bigotry do not interfere with a health care provider’s ability to provide appropriate patient care. SB 345 will reaffirm that California is a safe and inclusive state providing the right of access to reproductive and gender-affirming health care. “ - Argument in Opposition: According to California Catholic Conference, “With this bill, the Legislature is overstepping and engaging in ideological colonization against states and citizens that do not want abortion. SB 345 circumvents Article IV, section 1 of the US Constitution, stating ‘Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State.’ Denying the legitimate interest of other states to protect unborn children and public health is a dangerous precedent. By explicitly contravening the U.S. Constitution, this bill could prompt other states to selectively decide to ignore laws duly enacted by the California Legislature.
“This bill would also remove the terms ‘unborn child’ and ‘unborn person’ from the code, replacing with ‘fetus’ and ‘unborn beneficiary.’ From the moment of fertilization, a new, unique, unrepeatable human being’s life begins, as is affirmed throughout embryology textbooks and the consensus of 95% of biologists. Each of us began at the zygote stage, and modern science shows us the embryo’s beating heart at just four weeks post-fertilization. By 8 weeks, all major organs are present, and babies even show a preference for their right or left hand. By 12 weeks, they can smile, yawn, and suck their thumb, all shown on incredible 4D ultrasound. Doctors routinely perform surgery and treat unborn babies right in the womb – and the babies are treated as patients in their own right and given anesthesia for their pain.
“As members of the human family, unborn children possess basic human rights. Removing the terms ‘child’ and ‘person’, this bill dehumanizes and erases preborn children, even as their factual biological existence and legal rights remain evident in their rights to guardians ad litem in probate court, benefits, and their needs for medical care.” - Related Legislation:
- AB 1194 (Carrillo), would provide states that a consumer accessing, procuring or searching for reproductive health services does not constitute a natural person being at risk or danger of death or serious physical injury and therefore does not count as an exemption to the California Consumer Privacy Act. AB 1194 is pending hearing in the Senate Appropriations Committee.
- AB 1707 (Pacheco), would protect California-licensed health care professionals from adverse licensing actions or losing staff privileges in this state as a result of an adverse action taken in another jurisdiction as a result of a medical provider giving proper care that is otherwise legal in California. AB 1707 is pending hearing in the Senate Judiciary Committee.
- SB 36 (Skinner), would have, among other things, prohibited a magistrate from issuing a warrant for the arrest of a bail fugitive whose alleged offense or conviction is for the violation of another state’s laws that criminalize abortion, contraception, reproductive care, or gender-affirming care that is otherwise lawful under the laws of this state, regardless of the individual’s location. SB 36 was held in the Senate Appropriations Committee in the Suspense File.
- SB 487 (Atkins), would establish protections for health care providers who contract with health plans and insurers, or are enrolled as Medi-Cal providers, from adverse outcomes such as contract termination, discrimination, or suspension of enrollment, when such adverse action is based on adverse legal action or professional discipline in other states for conduct that is not prohibited in California (such as provision of abortion or gender-affirming care). SB 487 is pending hearing in the Assembly Judiciary Committee.
- AB 1194 (Carrillo), would provide states that a consumer accessing, procuring or searching for reproductive health services does not constitute a natural person being at risk or danger of death or serious physical injury and therefore does not count as an exemption to the California Consumer Privacy Act. AB 1194 is pending hearing in the Senate Appropriations Committee.
- Prior Legislation:
- AB 1242 (Bauer-Kahan), Chapter 627, Statutes of 2022, prohibited a peace officer from arresting a person for performing or aiding in the performance of a lawful abortion or for obtaining an abortion and to prohibit law enforcement agencies from cooperating with or providing information to an individual or agency from another state regarding a lawful abortion, except as provided.
- AB 1666 (Bauer-Kahan), Chapter 42, Statutes of 2022, declared that a law of another state that authorizes a person to bring a civil action against a person or entity that receives or seeks, performs or induces, or aids or abets the performance of an abortion, or who attempts or intends to engage in those actions, is contrary to the public policy of this state.
- AB 2091 (Bonta), Chapter 628, Statutes of 2022, prohibited the sharing of specified information in response to subpoenas related to out-of-state anti-abortion statutes or foreign penal civil actions.
- AB 2223 (Wicks), Chapter 629, Statutes of 2022, prohibited a person from being subject to civil or criminal liability based on their actions or omissions with respect to their pregnancy or actual, potential, or alleged pregnancy outcome or based solely on their actions to aid or assist a pregnant person who is exercising their reproductive rights.
- SB 107 (Wiener), Chapter 810, Statutes of 2022, enacted various safeguards against the enforcement of out-of-state anti-transgender laws to protect individuals seeking and providing gender-affirming health care in California.
- AB 4 (Ammiano), Chapter 570, Statutes of 2013, enacted the TRUST Act which prohibits a law enforcement official, as defined, from detaining an individual on the basis of a United States Immigration and Customs Enforcement hold after that individual becomes eligible for release from custody, unless, at the time that the individual becomes eligible for release from custody, certain conditions are met, including, among other things, that the individual has been convicted of specified crimes.
- SB 54 (De León), Chapter 495, Statutes of 2017, enacted the California Values Act, which further limits the involvement of state and local law enforcement agencies in federal immigration enforcement.
- AB 1242 (Bauer-Kahan), Chapter 627, Statutes of 2022, prohibited a peace officer from arresting a person for performing or aiding in the performance of a lawful abortion or for obtaining an abortion and to prohibit law enforcement agencies from cooperating with or providing information to an individual or agency from another state regarding a lawful abortion, except as provided.
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Abortion Coalition for Telemedicine Access
Access Reproductive Justice
American Association of University Women (AAUW) San Jose
American Association of University Women - California
American Medical Women's Association
Apla Health
Aria Medical
Black Women for Wellness Action Project
Black Women Lawyers Association of Los Angeles, INC.
Board of Registered Nursing
California Association of Black Lawyers
California Latinas for Reproductive Justice
California Legislative Women's Caucus
California Nurse Midwives Association
California Nurse Midwives Association (CNMA)
California Public Defenders Association (CPDA)
California School-based Health Alliance
California State Board of Pharmacy
California Transcends
California Women's Law Center
Choix INC
Citizens for Choice
City and County of San Francisco
City and County of San Francisco Department on The Status of Women
Conference of California Bar Associations
Dolores Huerta Foundation
Equality California
Essential Access Health
Gender Spectrum
Health Care Workers
Honeybee Health, INC.
John Burton Advocates for Youth
John M. Langston Bar Association
Los Angeles County District Attorney's Office
Los Angeles Lgbt Center
Medical Board of California
Mya Network
Naral Pro-choice California
National Association of Social Workers, California Chapter
Ncjwofkc
Nextgen California
Oakland Privacy
Osteopathic Medical Board of California
Physician Assistant Board
Physicians for Reproductive Health
Plan C
Planned Parenthood Affiliates of California
Positive Images Lgbtqia+ Center
Possible Health, Inc.; Possible Health Medical, P.c.; Possible Health Ca, P.c.
Prosecutors Alliance California
Public Health Institute/access Bridge
Queen's Bench Bar Association of The San Francisco Bay Area
Queerdoc
Radiant Health Centers
Reproductive Health Access Project (RHAP)
San Diego Pride
San Francisco City Attorney's Office
Santa Barbara Women's Political Committee
State Innovation Exchange
The Source Lgbt+ Center
The Women's Building
Tia, INC.
Training in Early Abortion for Comprehensive Health Care
Training in Early Abortion for Comprehensive Healthcare
Urge: Unite for Reproductive & Gender Equity
Valorcalifornia / Valorus
Viet Rainbow of Orange County
Women's Foundation California
Women's Health Specialists
5 Private Individuals
Opposition
California Catholic Conference
Frederick Douglass Foundation of California
Right to Life League
Analysis Prepared by: Andrew Ironside / PUB. S. / (916) 319-3744
Date of Hearing: July 5, 2023
ASSEMBLY COMMITTEE ON JUDICIARY
Brian Maienschein, Chair
SBPCA Bill Id:SB 345
Author:(Skinner) – As Amended Ver:June 19, 2023
SENATE VOTE: 32-8
SUBJECT: Health care services: legally protected health care activities
KEY ISSUES:
- Should the healing arts boards of the department of consumer affairs be prohibited from disciplining medical professionals for competently providing healthcare that is legal in this state but may be unlawful in other jurisdictions?
- Should California courts be prohibited from enforcing out-of-state court cases that involve punishing persons for obtaining, assisting a person in obtaining, or providing an abortion or gender affirming care?
SYNOPSIS
The United States Supreme Court’s decision in Dobbs v. Jackson Women’s Health Org. (2022) 141 S. Ct. 2619, represented the first time the Court has ever revoked a previously held constitutional right. In the wake of that radical decision, dozens of states have moved to prohibit abortion and enact a series of draconian measures seeking to punish those who seek safe and reliable healthcare in other states. Similarly, fueled by the never-ending need to gain an advantage in this nation’s culture wars, many of those same states are passing legislation to prohibit access to gender affirming healthcare. As a result of these actions, millions of Americans cannot access needed healthcare in their own states, and therefore must travel to states like California in order to receive vital medical treatments. Even more troubling, many of these states have now adopted laws targeting doctors who provide care to their residents outside their jurisdiction or seek to punish persons assisting a person traveling to receive healthcare. As a result many states, including California, are now forced to enact legislation to protect medical providers in their states from the overreach of other jurisdictions.
This bill is the latest in a series of measures to be heard by this Committee, seeking to protect Californians from the overreach of other jurisdictions who seek to prohibit access to family planning services and gender affirming care. This comprehensive measure seeks to accomplish this goal in several ways. First, this bill clarifies that no healthcare professional in California is to be disciplined by their regulator for simply providing care that is lawful in this state, so long as such care meets all applicable standards of care. Secondly, this bill enhances personal privacy protections for persons seeking care at a family planning center. Additionally, this measure seeks to limit the enforcement of civil actions arising from another state’s laws that prohibit abortion or gendering affirming care against persons in California, and gives a person subject to such lawsuits the ability to file a counter claim in California courts. Finally, this measure restricts the ability of law enforcement and bail bondsmen to enforce out-of-state criminal sanctions against persons in this state.
This measure is supported by a coalition of women’s health advocates, civil rights organizations, healthcare providers, and legal aid organizations. The proponents highlight the sweeping nature of some out-of-state laws seeking to prohibit abortion and gender-affirming care and the corresponding need to protect Californians who provide this care in this state. This measure is opposed by several religious organizations and anti-choice groups who argue that the bill is unconstitutional and infringes upon the rights of other states. Should this bill be approved by this Committee it would be referred to the Committee on Public Safety who will evaluate the above mentioned criminal law provisions, as this analysis will largely focus on the civil law and privacy aspects of the measure.
SUMMARY: Provides for various safeguards against the enforcement of other states’ laws that seek to interfere with a person, provider, or other entity in California that seeks, receives, causes, or aids in access to abortion services and gender affirming healthcare. Specifically, this bill:
- Prohibits healing arts boards within the Department of Consumer Affairs from suspending or revoking the license of a healthcare professional solely because that person provided a legally protected health care activity, as specified.
- Prohibits healing arts boards within the Department of Consumer Affairs from denying a license application, or suspending or revoking an existing license, because the healthcare professional was disciplined for or convicted of an offense in another state in which they were licensed if the suspension, revocation, or other discipline was for providing a health care activity that is legally protected in California.
- Provides that the performance, recommendation, or provision of any legally protected health care activity, as defined, by a health care practitioner acting within their scope of practice, for a patient who resides in a state in which the performance, recommendation, or provision of that legally protected health care activity is illegal, does not, by itself, constitute professional misconduct, nor should any license, certification, or authorization of a health care practitioner be revoked, suspended, or annulled or otherwise subject to any other penalty or discipline solely on the basis that the health care practitioner performed, recommended, or provided any legally protected health care activity for a patient who resides in a state in which the performance, recommendation, or provision of that legally protected health service is illegal.
- Prohibits a person or business from collecting, using, disclosing, or retaining the personal information of a person who is physically located at, or in close proximity to, a family planning center, except as specified in 5).
- Permits the collection, use, disclosure, or retention of a minimal amount of personal information of a person who is physically located at, or in close proximity to, a family planning center necessary to perform the services or provide the goods requested by the person.
- Provides that an aggrieved person or entity, including a family planning center, may institute and prosecute a civil action against any person or business who violates the disclosure prohibition in 4) for injunctive and monetary relief and attorney’s fees within three years of discovery of the violation, and may be entitled to treble damages.
- Defines the following terms for the purposes of 4) through 6):
- “Collect” means buying, renting, gathering, obtaining, receiving, or accessing any personal information pertaining to a consumer by any means. This includes receiving information from the consumer, either actively or passively, or by observing the consumer’s behavior;
- “Family planning center” means a business categorized as a family planning center by the North American Industry Classification System adopted by the United States Census Bureau, including, but not limited to, a clinic or center that provides reproductive health care services, as specified;
- “Personal information” means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular person;
- “Sell” means selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a consumer’s personal information by the business to a third party for monetary or other valuable consideration; and
- “Share” means sharing, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a consumer’s personal information by the business to a third party for cross-context behavioral advertising, whether or not for monetary or other valuable consideration, including transactions between a business and a third party for cross-context behavioral advertising for the benefit of a business in which no money is exchanged.
- Defines the following terms for the purpose of 9) though 16):
- “Abusive litigation” means litigation or other legal action to deter, prevent, sanction, or punish a person engaging in legally protected health care activity by either filing or prosecuting an action in a state other than California where liability, in whole or part, directly or indirectly, is based on a legally protected health care activity that was legal in the state in which it occurred or attempting to enforce an order or judgment issued in connection with that action;
- “Aggrieved person, provider, or other entity” includes, but is not limited to, a person who resides in California, a business or entity doing business in the state or located in the state, a person or entity that provided a legally protected health care activity in California, a person who received a legally protected health care activity from a provider licensed in California, a person or entity that is licensed in California to provide a legally protected health care activity, including a provider, clinic, or insurance company, or a person who assisted a person or entity that received or provided a legally protected health care activity in California;
- “Gender-affirming health care services” and “gender-affirming mental health care services” mean medically necessary health care that respects the gender identity of the patient, as experienced and defined by the patient, and may include interventions to address a patients physical and mental health needs;
- “Legally protected health care activity” means the exercise and enjoyment, or attempted exercise and enjoyment, by a person of rights to reproductive health care services, gender-affirming health care services, or gender-affirming mental health care services, any act or omission undertaken to aid or encourage a person to receive health care services, or the provision of those services but does not include a service rendered below the applicable professional standard of care or that would violate antidiscrimination laws of California; and
- “Reproductive health care services” means and includes all services, care, or products of a medical, surgical, psychiatric, therapeutic, diagnostic, mental health, behavioral health, preventative, rehabilitative, supportive, consultative, referral, prescribing, or dispensing nature relating to the human reproductive system provided in accordance with the constitution and laws of this state, whether provided in person or by means of telehealth services which includes, but is not limited to, all services, care, and products relating to pregnancy, assisted reproduction, contraception, miscarriage management, the termination of a pregnancy, or self-managed terminations.
- Declares that reproductive health care services, gender-affirming health care services, and gender-affirming mental health care services are rights secured by the Constitution and laws of California and that interference with these rights, whether or not under the color of law, is against the public policy of California.
- Declares that a public act or record of a foreign jurisdiction that prohibits, criminalizes, sanctions, authorizes a person to bring a civil action against, or otherwise interferes with a person, provider, or other entity in California that seeks, receives, causes, aids in access to, aids, abets, provides, or attempts or intends to seek, receive, cause, aid in access to, aid, abet, or provide, reproductive health care services, gender-affirming health care services, or gender-affirming mental health care services is an interference with the exercise and enjoyment of the rights secured by the Constitution and laws of California and is a violation of the public policy of California.
- Provides that a person, whether or not acting under color of law, that engages or attempts to engage in abusive litigation that infringes on or interferes with, or attempts to infringe on or interfere with, a legally protected health care activity, then an aggrieved person, provider, carrier, or other entity, including a defendant in the abusive litigation, may institute a civil action for injunctive, monetary, or other appropriate relief within three years after the cause of action accrues.
- Provides that an aggrieved person, provider, or other entity, including a defendant in abusive litigation, may move to modify or quash a subpoena issued in connection with abusive litigation on the grounds that the subpoena is unreasonable, oppressive, or inconsistent with the public policy of California.
- Provides that if the court finds for the petitioner in an action authorized by 11) recovery is to be in the amount of three times the amount of actual damages, which shall include damages for the amount of a judgment issued in connection with an abusive litigation, and any other expenses, costs, or reasonable attorney’s fees incurred in connection with the abusive litigation.
- Provides that a California court may exercise jurisdiction over a person in an action brought pursuant to 11) if any of the following apply:
- Personal jurisdiction exists in accordance with the rules of the Code of Civil Procedure;
- The person has commenced an action in a court in California and, during the pendency of that action or an appeal therefrom, a summons and complaint is served on the person or the attorney appearing on the person’s behalf in that action or as otherwise permitted by law; or
- The exercise of jurisdiction is permitted under the Constitution of the United States.
- Provides that the provisions of 14) do not apply to a lawsuit or judgment entered in another state that is based on conduct for which a cause of action exists under the laws of California, including a contract, tort, common law, or statutory claim.
- Provides that nothing in 8) though 15) is to be construed to provide jurisdiction over a California resident in an out-of-state forum when the California resident has not availed themselves of that forum.
- Provides that a money judgment or lien on real property that was obtained against a person or entity for exercising a right guaranteed under the United States Constitution as interpreted by the United States Supreme Court precedent at the time the right was exercised, or a right guaranteed under the California Constitution, or against a person or entity for aiding and abetting the exercise of said rights is entitled to a stay of enforcement.
- Provides that California law governs in any action in this state, whether civil, administrative, or criminal, against any person who provides, receives, aids or abets in providing or receiving, or attempts to provide or receive, by any means, including telehealth, health care services if the provider was located in this state or any other state where the care was legal at the time of the challenged conduct.
- Clarifies that abortion falls outside of the definition of murder for the purpose of California law, as specified.
- Prohibits a magistrate from issuing a warrant for the arrest of an individual whose alleged offense or conviction is for the violation of the laws of another state that authorize a criminal penalty to an individual performing, receiving, supporting, or aiding in the performance or receipt of an abortion, contraception, reproductive care, or gender-affirming care if the abortion, contraception, reproductive care, or gender-affirming care is lawful under the laws of this state, regardless of the recipient’s location.
- Provides that a bondsman or person authorized to apprehend, detain, or arrest a fugitive admitted to bail in another state who takes into custody a fugitive admitted to bail in another state whose alleged offense or conviction is for the violation of the laws of another state that authorize a criminal penalty to an individual performing, receiving, supporting, or aiding in the performance or receipt of an abortion, contraception, reproductive care, or gender-affirming care if the abortion, contraception, reproductive care, or gender-affirming care is lawful under the laws of this state, regardless of the recipient’s location, without a magistrate’s order, is ineligible for a license in this state and must forfeit any presently held license in this state.
- Provides that a person detained by a bail agent in contravention of the provisions of 20) may institute and prosecute a civil action for injunctive, monetary, or other appropriate relief against the bondsman and bond company within three years after the cause of action accrues.
- Prohibits a person that is authorized to apprehend, detain, or arrest a fugitive from apprehending, detaining, or arresting a bail fugitive admitted to bail in another state whose alleged offense or conviction was for the violation of the laws of another state that authorize a criminal penalty to an individual performing, receiving, supporting, or aiding in the performance or receipt of an abortion, contraception, reproductive care, or gender-affirming care if the abortion, contraception, reproductive care, or gender-affirming care is lawful under the laws of this state, regardless of the recipient’s location.
- Provides that a person who violates 23) is guilty of a misdemeanor punishable by a fine of five thousand dollars ($5,000) or by imprisonment in a county jail not to exceed one year, or by both that imprisonment and fine, is ineligible for a license issued is this state, and must forfeit any licensed presently held in this state.
- Provides that a demand for the extradition of a person charged with any legally protected health care activity shall not be recognized by the Governor, except as specified.
- Prohibits a state or local government employee, person or entity contracted by a state or local government, or person or entity acting on behalf of a local or state government from cooperating with or providing information to any individual, including a bondsman or person authorized to apprehend, detain, or arrest a fugitive admitted to bail in another state, or out-of-state agency or department regarding any legally protected health care activity or otherwise expend or use time, moneys, facilities, property, equipment, personnel, or other resources in furtherance of any investigation or proceeding that seeks to impose civil or criminal liability or professional sanctions upon a person or entity for any legally protected health care activity that occurred in this state or that would be legal if it occurred in this state.
- Requires any out-of-state subpoena or warrant to include an affidavit or declaration under penalty of perjury that the discovery is not in connection with an out-of-state proceeding relating to any legally protected health care activity unless the out-of-state proceeding meets all of the following requirements:
- Is based in tort, contract, or on statute;
- Is actionable, in an equivalent or similar manner, under the laws of this state; and
- Was brought by the patient who received a legally protected health care activity or the patient’s legal representative.
- Makes various technical and conforming changes including modifying references to unborn persons.
EXISTING LAW:
- Establishes the Reproductive Privacy Act. (Health & Safety Code Section 123461.)
- Declares that every individual possesses a fundamental right of privacy with respect to personal reproductive decisions. (Health & Safety Code Section 123462.)
- States the following as the public policy of the State of California:
- Every individual has the fundamental right to choose or refuse birth control;
- Every woman has the fundamental right to choose to bear a child or to choose and to obtain an abortion, except as specified; and
- The state will not deny or interfere with a woman’s fundamental right to choose to bear a child or to choose to obtain an abortion, except as specified. (Ibid.)
- Defines, for the purposes of the Reproductive Privacy Act, the following terms:
- “Abortion” means any medical treatment intended to induce the termination of a pregnancy except for the purpose of producing a live birth;
- “Pregnancy” means the human reproductive process, beginning with the implantation of an embryo; and
- “Viability” means the point in a pregnancy when, in the good faith medical judgment of a physician, on the particular facts of the case before that physician, there is a reasonable likelihood of the fetus’ sustained survival outside the uterus without the application of extraordinary medical measures. (Health & Safety Code Section 123464.)
- Prohibits the State of California from denying or interfering with a woman’s right to choose or obtain an abortion prior to viability of the fetus, or when the abortion is necessary to protect the life or health of the woman. (Health & Safety Code Section 123466.)
- Provides that a court of this state may exercise jurisdiction on any basis not inconsistent with the Constitution of this state or of the United States. (Code of Civil Procedure Section 410.10.)
- Provides that when a court upon motion of a party or its own motion finds that in the interest of substantial justice an action should be heard in a forum outside this state, the court must stay or dismiss the action in whole or in part on any conditions that may be just. (Code of Civil Procedure Section 410.30.)
- Permits a defendant, on or before the last day of their time to plead or within any further time that the court may for good cause allow, may serve and file a notice of motion for one or more of the following purposes:
- To quash service of summons on the ground of lack of jurisdiction of the court over them;
- To stay or dismiss the action on the ground of inconvenient forum; or
- To dismiss the action for failure to prosecute the action in a timely manner, as specified. (Code of Civil Procedure Section 418.10.)
- Provides various safeguards against the enforcement of other states’ laws that purport to penalize individuals from obtaining gender-affirming care that is legal in California. (Civil Code Section 56.109, Code of Civil Procedure Section 2029.300 & 2029.350, Family Code Sections 3421, 3424, 3427, 3428, and 3453.5.)
- Establishes the California Consumer Privacy Act, as amended by Proposition 24 (2020), which grants consumers certain rights with regard to their personal information, including enhanced notice, access, and disclosure; the right to deletion; the right to restrict the sale of information; and protection from discrimination for exercising these rights. It places attendant obligations on businesses to respect those rights. (Civil Code Section 1798.100 et seq.)
- Provides that full faith and credit must be given in each state to the public acts, records, and judicial proceedings of every other state, and that the United States Congress may by general laws prescribe the manner in which such acts, records and proceedings must be proved, and the effect thereof. (U.S. Const. art. IV, sec. 1.)
- Provides that records and judicial proceedings of any court of any such state, territory or possession, or copies thereof, must be proved or admitted in other courts within the United States and its territories and possessions by the attestation of the clerk and seal of the court annexed, if a seal exists, together with a certificate of a judge of the court that the said attestation is in proper form, and that such acts, records and judicial proceedings or copies thereof, so authenticated, have the same full faith and credit in every court within the United States and its territories and possessions as they have by law or usage in the courts of such State, territory or possession from which they are taken. (28 U.S.C. Section 1738.)
FISCAL EFFECT: As currently in print this bill is keyed fiscal.
COMMENTS: In the last two years, dozens of states have moved to limit or prohibit access to abortion care and gender affirming healthcare, especially for minors. Beyond simply banning certain procedures, some states have enacted draconian laws seeking to punish well-meaning friends and family of persons seeking reproductive or gender affirming care. Indeed, statutes have imposed criminal liability on persons driving a person across state lines to obtain an abortion, authorized civil lawsuits for any person who “aides and abets” a person in getting an abortion, and deemed providing one’s own child with gender affirming medical care to be tantamount to child abuse.
In response to the enactment of such laws, California has stepped up and become a national haven for persons seeking access to safe and effective medical treatment. Nonetheless, other states continue to look for innovative legal tools to punish their residents who come to California for medical care, as well as the dedicated, California-based, health professionals rendering such treatment. This bill seeks to build upon the substantial efforts of the Legislature in 2022 to shield California medical professionals, patients, and their family and friends who assist out-of-state residents seeking care in California from unnecessary legal harm at the hands of another state’s laws for conduct that occurred in California. In support of this bill, the author states:
In the wake of Roe being overturned last year, California strengthened and expanded access to reproductive health care and abortion services and provided many legal protections to patients and providers. California also affirmed the right to gender-affirming care. But as the assault on essential healthcare accelerates, new challenges are emerging to patients and health care providers who have extended a lifeline to patients who may be in a location where medically safe and effective abortions or gender affirming care are now illegal. SB 345 is necessary to ensure that California healthcare practitioners are legally protected when they provide essential reproductive and gender affirming care to any of their patients, regardless of their patient’s location. As the CA Medical Board’s letter in support notes, SB 345 “protects healthcare providers licensed in California … for performing healthcare activities within the standard of care permitted in California.” Additionally SB 345 makes it unlawful for bounty hunters or others to take enforcement actions against or apprehend people in California related to violations of another state’s anti-abortion or anti-gender affirming care law.
A series of draconian laws in other states seek to limit medical professional’s ability to provide vital reproductive and gender-affirming healthcare. Following the United States Supreme Court’s unprecedented decision to eliminate a previously held constitutional right and determine that no right to an abortion exists under the United States Constitution (Dobbs v. Jackson Women’s Health Org. (2022) 141 S. Ct. 2619), access to abortion care is now determined on a state-by-state basis. Since Dobbs, 14 states have moved to effectively ban abortion; nine states have bans currently being litigated under state constitutional provisions; and another five ban the procedure between 15 and 20 weeks. (NY Times, Tracking the States Where Abortion Is Now Banned, (June 2023.) available at: https://www.nytimes.com/interactive/2022/us/abortion-laws-roe-v-wade.html.) Abortion is not the only legitimate form of health care that is being limited by some state legislatures. Eighteen states have recently enacted restrictions on gender affirming health care for minors. Two such laws are currently being litigated, and another seven state legislatures are considering restrictions on gender affirming care. (Human Rights Campaign Foundation, Map: Attacks on Gender Affirming Care by State, (June 2023) available at: https://www.hrc.org/resources/attacks-on-gender-affirming-care-by-state-map.) In several of these states, it is not the person receiving care who “violates” the law, but rather the medical professional who provides the treatment or any person who assists the patient in receiving care.
Although California has become a safe haven for persons seeking medical treatment, the fact that medical professionals are being targeted by other states can have implications in California. For example, should a California-based doctor have a license in a jurisdiction that now prohibits abortion, and a woman from that state travels to California and receives care from the doctor, the doctor may be subject to discipline from the other state’s medical regulator for violating the other state’s laws. Existing California law rightfully requires medical professionals to disclose to California regulators any out-of-state professional discipline or legal misconduct. Based on these disclosures, a medical professional can have their license revoked or suspended, their medical facility permissions restricted, and have difficulty in finding employment. Given that the above-described example ultimately started with a medical professional properly performing a procedure that is lawful under California law, it appears necessary to ensure that such a medical professional would not face potentially career-ending sanctions for simply doing their job in California. Similarly, a person who drives a patient to California to receive care may be subject to criminal or civil sanctions by the state in which the driver and the patient reside, even if the care obtained is wholly in California.
This bill enacts several sweeping protections to ensure that California health care providers, residents, and visitors cannot be sanctioned for providing, or assisting in obtaining medical care that is legal in this state. First, this bill prevents the healing arts boards within the Department of Consumer Affairs from suspending or revoking the license of a healthcare professional solely because that person provided a legally protected health care service. Similar protections are extended to new licensees and license renewals. This bill also clarifies that providing healthcare that is legal in this state is no grounds for professional misconduct, so long as it meets the standard of care required under California law, even if the procedure is deemed unlawful elsewhere.
Next, this bill prohibits a person or business from collecting, using, disclosing, or retaining the personal information of a person who is physically located at, or in close proximity to, a family planning center, unless such information collection is essential to providing the services offered at the family planning center. The bill would make an unlawful collection or disclosure of this data subject to civil action which would enable a person whose data is unlawfully disclosed eligible for treble damages.
Third, this measure provides that reproductive health care services, gender affirming health care services, and gender affirming mental health care services are rights secured by the Constitution and laws of California and that interference with these rights, whether or not under the color of law, is against the public policy of California. To that end, this bill also clarifies that litigation brought in an attempt to infringe on these rights, including litigation utilizing or seeking to enforce another state’s laws prohibiting the conduct, is deemed abusive litigation in this state. The bill then provides defendants in this abusive litigation the ability to stay enforcement of litigation from out-of-state, quash various subpoenas related to that litigation, and the ability to file a counter suit in California courts. The bill also limits the enforcement of judgments in California if an out-of-state action was based on a protected right in California, and prohibits these judgments from being utilized as the means of obtaining a lien on property in this state.
Additionally, the bill imposes restrictions on the issuance of warrants and on the conduct of law enforcement, local governments, and bail bondsmen as it relates to out-of-state criminal actions. Finally, this bill makes numerous clarifying and technical changes to existing law. Given that the latter portions of this bill related to law enforcement and bail bondsmen is outside the jurisdiction of this Committee, and in light of the subsequent referral of this bill to the Committee on Public Safety, the remainder of this analysis will focus on the civil law and privacy aspects of this measure and defer the discussion of the criminal law aspects of the bill to the next Committee.
The legal history of the Full Faith and Credit Clause of the United States Constitution. Article IV, Section 1 of the United States Constitution, generally referred to as the Full Faith and Credit Clause, requires every state to give full faith and credit to the public acts (statutes), records, and judicial proceedings of every other state. By refusing to recognize the laws, regulatory body rulings, and judgments of another state, this bill potentially implicates the Full Faith and Credit Clause. Several legal scholars have suggested that the Full Faith and Credit Clause was originally intended to ensure that statutes, records, and judgments from one state merely be accepted as evidence in the proceedings of another state as to the proof of their existence, especially in light of how the phrase was used in English common law. (Whitten, Full Faith and Credit for Dummies (2005) 38 Creighton L. Rev. 465.) However, in 1813, Justice Story had other ideas and opted to significantly strengthen the effect of the clause and the corresponding Congressional implementing statute. In ruling that the Circuit Court for the District of Columbia was incorrect for refusing to recognize a judgment debt from the State of New York the Supreme Court ruled the law “declares that the record duly authenticated shall have such faith and credit as it taken. If in such court it has the faith and credit of evidence of the highest nature…it must have the same faith and credit in every other court,” and that “the constitution contemplated a power in Congress to give conclusive effect to such judgments.” (Mills v. Duryee (1813) 7 Cranch 481, 484-485.)
Despite the seemingly bright line put forward by Justice Story, in the 200 years since the Mills decision, three distinct tracks have begun to develop in the jurisprudence of the Full Faith and Credit Clause. To this day, the strict application of res judicata generally applies to determinative judicial proceedings; as the Supreme Court reiterated, “for claim and issue preclusion purposes…the judgement of the rendering state gains nationwide force.” (Baker v. General Motors Corp., supra 522 U.S. at pp. 222, 233.)
However, the law has moved well away from the strict rule when it comes to public acts or statutes. In upholding the application of California law to settle a dispute of conflicting workers compensation statutes, the Supreme Court ruled, “A rigid and literal enforcement of the Full Faith and Credit Clause, without regard to the statute of the forum, would lead to the absurd result that wherever a conflict arises, the statute of each state must be enforced in the courts of the other, but cannot be in its own.” (Alaska Packers Association v. Industrial Accident Commission (1935) 294 U.S. 532, 547.) Thus, the law now acknowledges a preference to uphold the public policy of the forum state when a conflict of laws arises, recognizing that, “the Full Faith and Credit Clause is not an inexorable and unqualified command. It leaves some scope for state control within its borders…” (Pink v. AAA Highway Express, Inc. (1941) 314 U.S. 201,210.).
The Supreme Court has also begun to move away from the strict ruling of Mills as it pertains to state records. In determining the applicability of an equity decree in Michigan that prevented a former General Motors employee from testifying against the company, to a subpoena for testimony issues in Missouri, the Supreme Court held, “we simply recognize that just as the mechanisms for enforcing a judgment do not travel with the judgment itself for the purposes of Full Faith and Credit … similarly the Michigan decree cannot determine the evidentiary issues in a lawsuit brought by parties who were not subject to the jurisdiction of the Michigan court.” (Baker v. General Motors, supra, 522 U.S. 222 at p. 239.) The handling of records has been further expanded upon by appellate courts in a manner that mixes the approach to judgments and public policy. In 2011, the Fifth Circuit upheld the Louisiana Department of Vital Records and Statistics refusal to amend the Louisiana birth certificate of a child who was legally adopted by a non-married gay couple in New York on the grounds that it violated Louisiana’s public policy. Building upon the notion that the manner of a judgment’s enforcement does not travel with the judgment, the court held, “obtaining a birth certificate falls in the heartland of enforcement, and therefore outside the Full Faith and Credit obligation of recognition.” (Adar v. Smith (5th Cir. 2011) 639 F.3d 146,160.) It should be noted that the Supreme Court appears to endorse this view at it denied certiorari in the Adar case.
Thus, when looking at the case law as a whole, legal scholars are beginning to argue that the Full Faith and Credit Clause applies differently to each aspect of the Clause. The jurisprudence would seem to indicate that public acts are subject to the public policy exemption, permitting states to generally apply local laws to cases in their jurisdiction; records are subject to recognition, but not clear enforcement; and judicial proceedings generally are required to be enforced. (Redpath, Between Judgment and Law: Full Faith and Credit, Public Policy, and State Records (2013) 62 Emory L.J. 639.)
Full faith and credit does not require one regulator to follow the lead of another regarding discipline or California to replace its own standards of medical care with those of another jurisdiction. This first aspect of the measure to implicate the various areas of the Full Faith and Credit Clause is the provisions dealing with the Department of Consumer Affairs healing arts boards. As it pertains to this bill, because the bill implicates out-of-state court and regulatory judgments, it may appear that the strict adherence to the judgment of an out-of-state tribunal should apply. (See Mills v. Duryee (1813) 7 Cranch 481.) However, this bill does not touch on the direct enforcement of those actions. While a California court may be required to uphold a civil judgment, nothing in the Full Faith and Credit Clause requires this state’s government to follow the lead of an out-of-state regulator and abide by its regulatory action. Accordingly, this bill simply clarifies existing California law as it pertains to actions by medical regulatory bodies upon receipt of a notice about an out-of-state complaint. Given that the Supreme Court has held that the Full Faith and Credit Clause does not compel “a state to substitute the statutes of another state for its own statutes dealing with a subject matter concerning which it is competent to legislate” (Baker v. General Motors Corp., supra 522 U.S. at pp. 222, 233), this bill seems wholly constitutional as the Full Faith and Credit Clause does not compel the Department of Consumer Affairs to follow the lead of out-of-state regulators.
Furthermore, this bill will not stop the prosecution of legitimate actions related to medical malpractice. The existing regulatory structure for medical professionals and health care facilities is designed to protect the public from negligent or improper medical practices. Accordingly, ensuring robust oversight by the various healing arts boards within the Department of Consumer Affairs is vital for public protection. Given that this bill would, in some instances, limit the ability to discipline professionals for “misconduct” alleged by an out-of-state regulator, a proper balance must be struck. This bill strikes that balance by explicitly stating that the bill does not preclude civil actions or prosecutions for care that falls below established standards of care under California law. Thus this bill only prohibits discipline against medical professionals who provide competent care that is legal in this state.
Prohibiting California courts from applying out-of-state laws that violate the fundamental rights of Californians is a legitimate Legislative choice of law and does not violate the Full Faith and Credit Clause. This bill adopts a duel-track approach to protecting Californians from out-of-state laws restricting access to abortion and gender affirming care. The first approach holds that these out-of-state laws are against the public policy of California, thereby precluding California courts from applying those laws to cases brought in this state. To the degree that this bill prevents filing civil actions to enforce these laws in California, this bill is a public action expressing California’s public policy that the courts of this state should “choose” California law when evaluating such a case. It can be argued that by adopting this measure, the Legislature would simply be avoiding the “absurd result” of this state’s courts not being able to enforce their own laws as envisioned in Alaska Packers Association.
The opposition to this bill suggests these provisions represent what they characterize as a, “policy of hostility toward the public acts of another state,” thus negating the public policy exception to the Full Faith and Credit Clause. Indeed, the opposition is correct in stating that since the 1950s, the United States Supreme Court has looked negatively at state statutes that show hostility to the policy of another state. (Hughes v. Fetter (1951) 341 U.S. 609.) It is also true that California frequently benefits from this rule, given that as recently as 2019, California applied the rule against a Nevada Supreme Court ruling. (Franchise Tax Board v. Hyatt (2019) 139 S. Ct. 1485, citing Franchise Tax Board v. Hyatt (2016) 578 U.S. 171.)
However, the very case cited by the opposition highlights an important difference between this bill and the statutes under consideration in the Hyatt cases, and even reaffirms the validity of the public policy exception as it applies to instances like this bill. In “Hyatt II” the Supreme Court noted, “when a state ‘seeks to exclude from its courts actions arising under a foreign statute’ but permits similar actions under its own laws, the state has adopted a policy of hostility to the “public acts” of another state.” (Franchise Tax Board v. Hyatt, supra, citing in part Carroll v. Lanza (349 U.S. 408, 413.) The Hyatt series of litigation involved questions of which state’s sovereign immunity statute should apply in adjudicating the dispute, given that both states had different policies. This bill, and existing California law, explicitly make it clear that civil litigation related to abortion and gender-affirming care are not legitimate causes of action in California. The only time liability arises in California related to these procedures is when they are carried out in a manner falling below established standards of care in California (i.e. medical malpractice lawsuits). Given that, as discussed above, this bill explicitly exempts medical malpractice from the provisions of the bill, nothing in this precludes out-of-state causes of action that are similar to California based actions. Accordingly, this bill does not appear to adopt a “policy of hostility” toward the laws of other states.
The Supreme Court has held that the Full Faith and Credit Clause does not compel “a state to substitute the statutes of another state for its own statutes dealing with a subject matter concerning which it is competent to legislate.” (Baker v. General Motors Corp., supra, 522 U.S. 222, at pp. 232-233.) Thus, the bill is simply an instance where the California Legislature seeks to ensure that its California courts can uphold the public policy of this state, affirming the right for women to access reproductive healthcare or transgender persons to obtain care, others to assist them in doing so, and that the power of California courts will not be usurped by the whims of another state.
Preventing or delaying the enforcement of out-of-state judgments and the Full Faith and Credit Clause. The second aspect of this bill dealing with California courts and their treatment of out-of-state laws, relates to the provisions that delay or prohibit the enforcement of out of state judgments. It provides a new cause of action against persons who brought the original case. While this provision implicates the public policy issues discussed above, it additionally implicates the judicial proceeding and final judgment provisions of the Full Faith and Credit Clause. As noted above, US Supreme Court case law holds that states must recognize the final judgment of the courts of other states in nearly all circumstances. Legal scholars, however, have noted that Supreme Court jurisprudence has opened up several rare exceptions to the otherwise strict rule adopted in Mills in the 200 years since that decision. (Reynolds, The Iron Law of Full Faith and Credit (1994) 746 Univ. of Maryland Carey School of Law Faculty Scholarship 412.)
The two aspects of this measure are likely viewed differently under the Full Faith and Credit Clause. As it relates to the bill’s creation of a counter suit when a person seeks to enforce an out-of-state judgment, these provisions are essentially a public act by the Legislature. Hundreds of provisions of existing law create causes of action whereby everyday Californians, business, or state regulators can use the cause of action to file a claim in court. As discussed above, the Legislature may act to direct its courts to follow the laws prescribed by the Legislature by creating new causes of action such as the one created by the bill.
As it relates to efforts to prevent the enforcement of out-of-state judgments, the legal landscape becomes significantly more complicated. In order for an out-of-state court to have jurisdiction over a Californian citizen, that state’s long arm statute must be able to reach that defendant. If that state cannot do so, then jurisdictional issues may arise. Furthermore, legal scholars have noted that in instances of a fraudulently obtained judgment, the Full Faith and Credit Clause may not apply. (Reynolds, The Iron Law of Full Faith and Credit, supra, at pp. 422-23.)
While scholars continue to write about other theories related to the Full Faith and Credit Clause, the Supreme Court has implicitly noted that certain circumstances may, in fact, render one state’s judgment unenforceable in another state. (Restat. 2d of Conflict of Laws, Section 100.) One particular set of judgments that the Supreme Court appears to contend are not enforceable in another jurisdiction are so-called “penal judgments.” In 1892, the Supreme Court was asked to evaluate whether a Maryland court’s refusal to uphold a New York judgment was correct when the Maryland court found that the New York cause of action was “intended as a punishment for doing any acts forbidden, and was, therefore…a penalty which could not be enforced.” (Huntington v Attrill (1892) 146 U.S. 657.) The Huntington court opted to examine the definition of “penal” in the “international sense” and harkened back to Chief Justice Marshall’s maxim, “the courts of no country execute the penal laws of another.” (The Antelope 10 Wheat 66, 123.) The Huntington court further explained that whether or not a law were considered penal, and thus could not be enforced in the court of another jurisdiction, “depends on the question whether its purpose is to punish an offense against the public justice of the state, or to afford a private remedy to a person injured by the wrongful act.” (Huntington v Attrill, supra, 146 U.S. 657, 673-674.) Although the Huntington court held that the New York statute in question was not penal, as it related to compensating a victim of a fraud, the Supreme Court has continued to examine Full Faith and Credit Clause claims using the penal exception standard. (See Milwaukee County v. M. E. White Company (1935) 296 U.S. 268.) The Supreme Court also continues to apply the Huntington analysis of whether a statute is penal in nature to this day. Thus, such an analysis would likely apply to any review of this bill. (See Kokesh v. Securities & Exchange Commission (2017) 137 S. Ct. 1635, 1642.)
This bill, putting aside the criminal law aspects to be discussed by the Committee on Public Safety, would appear to involve both statutes like Texas’ SB 8 (see a full discussion of the “penal” aspects of that law in this Committee’s analysis of AB 1666 (Bauer-Kahan) Chap. 42, Stats. 2022) as well as judgments stemming from civil actions in which actual harm may have been demonstrated. As noted above, California may be able to avail itself of the “penal judgment” theory to justify refusing to enforce another state’s judgment arising from civil actions in which no individualized harms can be demonstrated. However, California may not be able to avoid enforcing private causes of action in which individual harm can be demonstrated (even if this state casts a negative view of the theory of harm put forward by another state) or a governmental action related to professional misconduct that imposes monetary penalties. To that end, the author may wish to consider narrowing the civil judgment enforcement provisions of the bill to apply to penal civil statutes only.
Nonetheless, the response to Dobbs by many states is resulting in laws being passed elsewhere that stretch the boundaries between civil and penal action and how states may legislate. Similarly, California, and other states that respect healthcare freedom, have passed a litany of bills like this measure to protect their citizens from the overreach of other jurisdictions. Given that these statutes are all likely to be the subject of litigation in coming years, the legal landscape in this area is likely to change dramatically.
Privacy provisions of this measure are generally consistent with California’s strong commitment to consumer privacy. In addition to the civil action and health professional licensing provisions of this bill, the measure also adds protections regarding patient privacy related to family planning center. The measure accomplishes this by cross-referencing several existing definitions from the state’s privacy laws and applying them to data collection as it relates to family planning centers. The bill then also clarifies that, generally, only data necessary to provide vital healthcare services should be collected. These provisions are generally consistent with the state’s recent push to enhance consumer privacy across all sectors of the economy. Given the sensitive nature of family planning, this provision seem entirely appropriate and prudent.
This bill is the latest in a series of measures designed to protect Californians from out-of-state laws restricting healthcare access. As noted above, this bill is one of a series of measures the Legislature has considered in the past two years dealing with out-of-state laws that curtail the right to obtain an abortion or receive gender-affirming healthcare. Several aspects of this measure overlap, in part, with some of those measures. Indeed, provisions of this bill are similar to the aforementioned AB 1666 (Bauer-Kahan) Chap. 42, Stats. 2022, as well as AB 2091 (Bonta) Chap. 628, Stats. 2022, and AB 1707 (Pacheco, 2023). To the extent that these measures overlap, as this bill progresses, the author should ensure that this measure will not undermine or otherwise interfere with the implementation of past and pending measures.
ARGUMENTS IN SUPPORT: This measure is co-sponsored by several women’s health and pro-choice advocates, and is supported by a coalition of health professionals and civil rights organizations. Representative of the coalition, NARAL Pro-Choice writes in support of this bill and notes:
Following the U.S. Supreme Court overturned Roe v. Wade in June 2022, the Legislature passed and the Governor signed a package of bills making California a sanctuary state for abortion services and gender-affirming care. In addition, in the November election, California voters enacted a constitutional amendment guaranteeing the right to abortion and contraception. Meanwhile, a growing number of states have passed legislation that these make life-saving, essential health care services a crime.
SB 345 will help ensure the availability of such care by providing additional protections to providers who prescribe or dispense medication abortion, provide other reproductive health care services, or provide gender affirming care. For these reasons, NARAL Pro- Choice California is pleased to SPONSOR SB 345.
Additionally, the California Medical Board, writes:
This bill, in general, prevents any licensing board within the Department of Consumer Affairs from denying an application for licensure or otherwise imposing discipline upon a licensee who was disciplined or convicted of a crime in another state for providing or recommending certain health care activities performed within the standard of care that are unlawful within that other state, if that activity is permitted under the law of California.
With respect to the Board’s jurisdiction, the bill laudably attempts to protect health care providers licensed in California from facing reciprocal discipline for performing health care activities within the standard of care that are permitted in California. Therefore, the Board is pleased to support SB 345.
ARGUMENTS IN OPPOSITION: This measure is opposed by a group of anti-choice advocates. They contend that this bill is unconstitutional and represents overreach on the part of this state. In opposition to this bill, the Frederick Douglass Foundation of California argues:
SB 345 is outrageous and unconscionable. An unborn beneficiary? How could a beneficiary be anything other than a person, does the bill mean an unborn corporation? An unborn business entity? This bill is a continuous attempt to dehumanize an unborn baby and deprive that baby of the right to life guaranteed under the Constitution. SB 345 seeks to destroy the meaning of a human person.
Just as slaves were considered non-human and a non-person, SB 345 similarly attempts to strip a human being of all its meaning and embraces a savage barbarianism. Language shapes culture. Changing the words “unborn baby” and unborn “person” will sear the conscience to justify the killing of a human being.
The California Catholic Conference also notes:
With this bill, the Legislature is overstepping and engaging in ideological colonization against states and citizens that do not want abortion. SB 345 circumvents Article IV, section 1 of the US Constitution, stating “Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State.” Denying the legitimate interest of other states to protect unborn children and public health is a dangerous precedent. By explicitly contravening the U.S. Constitution, this bill could prompt other states to selectively decide to ignore laws duly enacted by the California Legislature.
REGISTERED SUPPORT / OPPOSITION:
Support
ACCESS Reproductive Justice (sponsor)
Black Women for Wellness Action Project (sponsor)
California Nurse-Midwives Association (sponsor)
Equality California (sponsor)
NARAL Pro-Choice California (sponsor)
TEACH (Training in Early Abortion for Comprehensive Health Care) (sponsor)
VALOR US/VALOR CA (sponsor)
Abortion Coalition for Telemedicine Access
American Association of University Women, San Jose Branch
ARIA Medical
Black Women Lawyer’s Association of Los Angeles
California Board of Registered Nursing
California Physician Assistant Board
California Medical Board
Osteopathic Medical Board of California
California Association of Black Lawyers
California Conference of Bar Associations
California Latinas for Reproductive Justice
California Public Defender’s Association
California Women’s Law Center
Center for Reproductive Rights
City and County of San Francisco, Department of the Status of Women
CHOIX INC
Dolores Huerta Foundation
Essential Access Health
Feminist Majority
Gender Spectrum
Honeybee Health, Inc.
Houston Women’s Reproductive Center
John Burton Advocates for Youth
John M. Langston Bar Association
Kopcho Reproductive Justice Fund
MYA Network
National Council of Jewish Women, Kansas City
National Association of Social Workers, California Chapter (NASW-CA)
NextGen CA
Oakland Privacy
Physicians for Reproductive Health
Plan C
Possible Health, Inc
Queen’s Bench Bar Association
QueerDoc
Reproductive Health Access Project (RHAP)
State Innovation Exchange (SiX)
TIA
Santa Barbara Women’s Political Committee
USC Institute on Inequalities in Global Health
Opposition
California Catholic Conference
Frederick Douglass Foundation of California
Right to Life League
Analysis Prepared by: Nicholas Liedtke / JUD. / (916) 319-2334
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB 345 |
THIRD READING
Bill No: SB 345
Author: Skinner (D), et al.
Amended: 5/18/23
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE: 4-0, 4/18/23
AYES: Wahab, Bradford, Skinner, Wiener
NO VOTE RECORDED: Ochoa Bogh
SENATE JUDICIARY COMMITTEE: 8-2, 4/25/23
AYES: Umberg, Allen, Ashby, Caballero, Durazo, Laird, Min, Wiener
NOES: Wilk, Niello
NO VOTE RECORDED: Stern
SENATE APPROPRIATIONS COMMITTEE: 5-2, 5/18/23
AYES: Portantino, Ashby, Bradford, Wahab, Wiener
NOES: Jones, Seyarto
SUBJECT: Health care services: legally protected health care activities
SOURCE: ACCESS Reproductive Justice
Black Women for Wellness Action Project
NARAL Pro-Choice California
Training in Early Abortion for Comprehensive Healthcare (TEACH)
DIGEST:
This bill enacts various safeguards against the enforcement of other states’ laws that prohibit, criminalize, sanction, authorize civil liability against, or otherwise interfere with a person, provider, or other entity in California that offers reproductive health care services or gender-affirming health care services.
ANALYSIS:
Existing law:
- Establishes the Reproductive Privacy Act which provides that the Legislature finds and declares that every individual possesses a fundamental right of privacy with respect to personal reproductive decisions, which entails the right to make and effectuate decisions about all matters relating to pregnancy, including prenatal care, childbirth, postpartum care, contraception, sterilization, abortion care, miscarriage management, and infertility care. Accordingly, it is the public policy of the State of California that:
- Every individual has the fundamental right to choose or refuse birth control;
- Every individual has the fundamental right to choose to bear a child or to choose to obtain an abortion, with specified limited exceptions; and,
- The state shall not deny or interfere with a person’s fundamental right to choose to bear a child or to choose to obtain an abortion, except as specifically permitted. (Health & Saf. Code, § 123462.)
- Provides that the state may not deny or interfere with a person’s right to choose or obtain an abortion prior to viability of the fetus or when the abortion is necessary to protect the life or health of the person. (Health & Safe. Code § 123466, subd. (a).)
- Requires a court to grant a stay of enforcement of a judgment based on a sister state judgment by filing an application with a superior court and requires the court clerk to enter a judgment based on the application under specified circumstances. (Code Civ. Pro., § 1710.50.)
- States that a person shall not be compelled in a state, county, city, or other local criminal, administrative, legislative, or other proceeding to identify or provide information that would identify or that is related to an individual who has sought or obtained an abortion if the information is being requested based on either another state’s laws that interfere with a person’s rights or a foreign penal civil action. (Health & Saf. Code, §123466, subd. (b).)
- Prohibits, under the Confidentiality of Medical Information Act (CMIA), providers of health care, health care service plans, or contractors, as defined, from sharing medical information without the patient’s written authorization, subject to certain exceptions. (Civ. Code § 56 et seq.)
- States that the purpose of the Department of Consumer Affairs is ensuring that those private businesses and professions deemed to engage in activities which have potential impact upon the public health, safety, and welfare are adequately regulated in order to protect the people of California. (Bus. & Prof. Code,§ 101.6.)
- Provides for the licensure and regulation of various categories of medical professionals by boards within the Department of Consumer Affairs, including, among others, the Medical Board of California and the Dental Board of California. (Bus. & Prof. Code, § 101.)
- Defines murder as the unlawful killing of a human being, or a fetus, with malice aforethought. (Pen. Code, § 187.)
- Exempts from the definition of murder a person who commits an act that results in the death of a fetus if any of the following apply:
- The act complied with the Therapeutic Abortion Act;
- The act was committed by a holder of a physician’s and surgeon’s certificate in a case where, to a medical certainty, the result of childbirth would be death of the mother of the fetus or where her death from childbirth, although not medically certain, would be substantially certain or more likely than not;
- If the act is solicited, aided, abetted, or consented to by the mother of the fetus.
- States that it is the duty of the Governor of this State to have arrested and delivered up to the executive authority of any other State any person charged in that state with treason, felony or other crime, who has fled from justice and is found in this State. (Pen. Code, § 1548.1.)
- States that no demand for the extradition of a person charged with a crime in another state shall be recognized by the Governor unless it meets specified requirements including that the demand is in writing alleging that the accused was present in the demanding state at the time of the commission of the alleged crime, and that thereafter the person fled from that state. (Pen. Code, § 1548.2.)
- Provides that the Governor may also surrender, on demand of the executive authority of another state any person in this state with committing an act in this state, or in a third state, that results in a crime in the demanding state though the accused was not in the demanding state at the time of the commission of the crime, and has not fled therefrom. (Pen. Code, § 1549.1.)
- Authorizes a magistrate to issue an arrest warrant, upon application by a bail bondsman, for a person who has been admitted to bail in another state, escapes bail, and is present in this State and after a hearing, issue an order to return the fugitive to the jurisdiction from which they escaped. (Pen. Code, § 847.5.)
- Makes it a misdemeanor for a bail bondsman to take a fugitive into custody without a warrant from a magistrate. (Pen. Code, § 847.5.)
- States, starting July 1, 2023, that no person, other than a certified law enforcement officer, shall be authorized to apprehend, detain, or arrest a bail fugitive unless that person meets one of the following conditions:
- Is a bail as defined in paragraph (2) of subdivision (a) of Section 1299.01 who is also a bail fugitive recovery agent as defined;
- Is a bail fugitive recovery agent as defined; or,
- Is a licensed private investigator who is also a bail fugitive recovery agent as defined. (Pen. Code 1299.02, subd. (a).)
- Defines a “bail fugitive” as a defendant in a pending criminal case who has been released from custody under a financially secured appearance, cash, or other bond and has had than bond declared forfeited, or a defendant in a pending criminal case who has violated a bond condition whereby apprehension and reincarceration are permitted. (Pen. Code, § 1299.01, subd. (a).)
- Defines a “bail fugitive recovery person” as a person provided written authorization by the bail or depositor of bail, and is contracted to investigate, surveil, locate, and arrest a bail fugitive for surrender to the appropriate court, jail, or police department, and any person who is employed to assist a bail or depositor of bail to investigate, surveil, locate, and arrest a bail fugitive for surrender to the appropriate court, jail, or police department. (Pen. Code, § 1299.01, subd. (d).)
- States that it is the duty of the Governor of this State to have arrested and delivered up to the executive authority of any other State any person charged in that state with treason, felony or other crime, who has fled from justice and is found in this State. (Pen. Code, § 1548.1.)
- States that no demand for the extradition of a person charged with a crime in another state shall be recognized by the Governor unless it meets specified requirements including that the demand is in writing alleging that the accused was present in the demanding state at the time of the commission of the alleged crime, and that thereafter the person fled from that state. (Pen. Code, § 1548.2.)
- Provides that the Governor may also surrender, on demand of the executive authority of another state any person in this state with committing an act in this state, or in a third state, that results in a crime in the demanding state though the accused was not in the demanding state at the time of the commission of the crime, and has not fled therefrom. (Pen. Code, § 1549.1.)
- Establishes the CalWORKs program under which each county provides cash assistance and other benefits to qualified low-income families and individuals. (Welf. & Inst. Code, § 11200 et seq.)
- Makes certain individuals ineligible for the CalWORKs program including a person who is fleeing to avoid prosecution, or custody and confinement after conviction, under the laws of the place from which the individual is fleeing, for a crime or an attempt to commit a crime that is a felony under the laws of the place from which the individual is fleeing, or which, in the case of the State of New Jersey, is a high misdemeanor under the laws of that state. (Welf. & Inst. Code, § 11486.5, subd. (a).)
This bill:
- States that California law governs in any action in this state, whether civil, administrative, or criminal, against any person who provides, receives, aids or abets in providing or receiving, or attempts to provide or receive, by any means, including telehealth, reproductive health care services and gender-affirming health care services, including gender-affirming mental health care services if the provider was located in this state or any other state where the care was legal at the time of the challenged conduct.
- Declares that access to reproductive health care services and gender-affirming health care services is a right secured by the Constitution and laws of California and that interference with this right, whether or not under the color of law, is against the public policy of California.
- Provides that it is abusive litigation to litigate or take other legal action to deter, prevent, sanction, or punish a person engaging in legally protected health care activity by either of the following:
- Filing or prosecuting an action in a state other than California where liability, in whole or part, directly or indirectly, is based on a legally protected health care activity that was legal in the state in which it occurred, including an action in which liability is based on a theory of vicarious, joint, or several liability; or,
- Attempting to enforce an order or judgment issued in connection with an action described in the paragraph above by a party to the action or a person acting on behalf of a party to the action. A lawsuit shall be considered to be based on conduct that was legal in the state in which it occurred if a part of an act or omission involved in the course of conduct that forms the basis for liability in the lawsuit occurs or is initiated in a state in which the health care was legal, whether or not the act or omission is alleged or included in a pleading or other filing in the lawsuit.
- Defines “legally protected health care activity” to mean any of the following:
- The exercise and enjoyment, or attempted exercise and enjoyment, by a person of rights to reproductive health care services, gender-affirming health care services, or gender-affirming mental health care services secured by the Constitution or laws of California or the provision of insurance coverage for such services;
- An act or omission undertaken to aid or encourage, or attempt to aid or encourage, a person in the exercise and enjoyment or attempted exercise and enjoyment of rights to reproductive health care services, gender-affirming health care services, or gender-affirming mental health care services secured by the Constitution or laws of California; or,
- The provision of the health care services by a person duly licensed under the laws of California and the provision of insurance coverage for the services, if the service is permitted under the laws of California, regardless of the patient’s location.
- Specifies that “legally protected health care activity” does not include a service rendered below the applicable professional standard of care or that would violate antidiscrimination laws of California.
- States that “reproductive health care services” means and includes all services, care, or products of a medical, surgical, psychiatric, therapeutic, diagnostic, mental health, behavioral health, preventative, rehabilitative, supportive, consultative, referral, prescribing, or dispensing nature relating to the human reproductive system provided in accordance with the constitution and laws of this state, whether provided in person or by means of telehealth services which includes, but is not limited to, all services, care, and products relating to pregnancy, assisted reproduction, contraception, miscarriage management, the termination of a pregnancy, or self-managed terminations.
- States that a public act or record of a foreign jurisdiction that prohibits, criminalizes, sanctions, authorizes a person to bring a civil action against, or otherwise interferes with a person, provider, or other entity in California that seeks, receives, causes, aids in access to, aids, abets, provides, or attempts or intends to seek, receive, cause, aid in access to, aid, abet, or provide, reproductive health care services or gender-affirming health care services shall be an interference with the exercise and enjoyment of the rights secured by the Constitution and laws of California and shall be a violation of the public policy of California.
- States that if a person, including a plaintiff, prosecutor, attorney, or law firm, whether or not acting under color of law, engages or attempts to engage in abusive litigation that infringes on or interferes with, or attempts to infringe on or interfere with, a legally protected health care activity, then an aggrieved person, provider, carrier, or other entity, including a defendant in the abusive litigation, may institute and prosecute a civil action for injunctive, monetary, or other appropriate relief within three years after the cause of action accrues.
- States that an aggrieved person, provider, or other entity, including a defendant in abusive litigation, may move to modify or quash a subpoena issued in connection with abusive litigation on the grounds that the subpoena is unreasonable, oppressive, or inconsistent with the public policy of California.
- Authorizes a court to exercise jurisdiction over a person in a civil action for abusive litigation that infringes on or interferes with, or attempts to infringe on or interfere with, a legally protected health care activity if any of the following apply:
- Personal jurisdiction is found;
- The person has commenced an action in a court in California and, during the pendency of that action or an appeal therefrom, a summons and complaint is served on the person or the attorney appearing on the person’s behalf in that action or as otherwise permitted by law; or,
- The exercise of jurisdiction is permitted under the Constitution of the United States.
- Specifies that the above provision does not apply to a lawsuit or judgment entered in another state that is based on conduct for which a cause of action exists under the laws of California, including a contract, tort, common law, or statutory claims.
- States that notwithstanding any other law, the laws of California shall govern in a case or controversy heard in California related to reproductive health care services or gender-affirming health care services, except as may be required by federal law.
- Specifies that its provisions shall not be construed to provide jurisdiction over a California resident in an out-of-state forum when the California resident has not availed themselves of that forum.
- Requires a court to grant a stay of enforcement when a money judgment or lien on real property was obtained against a person or entity for exercising a right guaranteed under the United States Constitution as interpreted by the United States Supreme Court precedent at the time the right was exercised, or a right guaranteed under the California Constitution, or against a person or entity for aiding and abetting the exercise of said rights.
- Provides that the stay of enforcement shall remain in place until such time as the applicable statute of limitations has elapsed or related action has concluded, whichever is later.
- Prohibits a person or business from collecting, using, storing, or selling geographic data that contains the personal information of a person physically located in or in close proximity to a family planning center, unless it is necessary and proportionate to perform the services or provide the goods that the person seeking family center planning services has requested.
- Defines “family planning center” to mean “a business categorized as a family planning center by the North American Industry Classification System adopted by the United States Census Bureau, including, but not limited to, an abortion clinic, birth control clinic, pregnancy counseling center, or reproductive health services center.
- Requires that a person or business’s collection, use, or storing of personal information of a person physically located in or in close proximity to a family planning center shall be reasonably necessary and proportionate to achieve the purposes for which the personal information was collected or processed, or for another disclosed purpose that is compatible with the context in which the personal information was collected, and not further processed in a manner that is incompatible with these purposes.
- Authorizes an aggrieved person or entity, including a family planning center, may institute and prosecute a civil action against any person or business who violates this prohibition for injunctive and monetary relief and attorney’s fees within three years of discovery of the violation.
- States that notwithstanding any other law, a board shall not suspend or revoke the license of a person solely because that person provided a legally protected health care activity, as defined.
- Provides that performance, recommendation, or provision of a legally protected health care activity by a health care practitioner acting within their scope of practice for a patient who resides in a state in which the performance, recommendation, or provision of that legally protected health care activity is illegal, does not, by itself, constitute professional misconduct, upon which discipline or other penalty may be taken.
- Expands the exemption from the definition of murder to include when the death of a fetus was result of an act or omission by the person pregnant with the fetus or was solicited, aided, abetted, or consented to by the person pregnant with the fetus.
- Prohibits a magistrate from issuing an arrest warrant for an individual whose alleged offense or conviction is for the violation of laws of another state that criminalizes an individual performing, receiving, supporting, or aiding in the performance or receipt of an abortion, contraception, reproductive care, or gender-affirming care if the abortion, contraception, reproductive care, or gender-affirming care is lawful under the laws of this state, regardless of the recipient’s location.
- States that a bondsman or person authorized to apprehend, detain, or arrest a fugitive admitted to bail in another state who takes into custody a fugitive admitted to bail in another state whose alleged offense or conviction is for the violation of laws of another state that authorizes a criminal penalty to an individual performing, receiving, supporting, or aiding in the performance or receipt of an abortion, contraception, reproductive care, or gender-affirming care if the abortion, contraception, reproductive care, or gender-affirming care is lawful under the laws of this state, regardless of the recipient’s location, without a magistrate’s order, is ineligible for a license to be a bail fugitive recovery agent and shall forfeit any license already obtained.
- Authorizes a person who is taken into custody by a bail agent in violation of this bill’s provisions to institute and prosecute a civil action for injunctive, monetary, or other appropriate relief against the bondman and bond company within three years after the cause of action accrues.
- Makes it a misdemeanor, punishable by a fine of $5000 and imprisonment in a county jail not to exceed one year, for a bail fugitive recovery agent to apprehend, detain, or arrest a bail fugitive admitted to bail in another state whose alleged offense or conviction was for the violation of laws of another state that criminalizes an individual performing, receiving, supporting, or aiding in the performance or receipt of an abortion, contraception, reproductive care, or gender-affirming care if the abortion, contraception, reproductive care, or gender-affirming care that is lawful under the laws of this state, regardless of the recipient’s location.
- Provides that a person who violates the above provision is ineligible for a bail fugitive recovery agent license and shall forfeit any license already obtained.
- Prohibits a judge from issuing an order directing a witness to appear if the criminal prosecution is based on the laws of another state that authorize a criminal penalty to an individual performing, receiving, supporting, or aiding in the performance or receipt of an abortion, contraception, reproductive care, or gender-affirming care if the abortion, contraception, reproductive care, or gender-affirming care is lawful under the laws of this state.
- States that notwithstanding any law, and except as required by federal law, a demand for the extradition of a person charged with any legally protected health care activity shall not be recognized by the Governor unless in accordance with Penal Code section 1548.2 including the requirement that the accused was present in the demanding state at the time of the commission of the alleged crime, and that thereafter the person fled from that state.
- Prohibits a state or local government employee, person or entity contracted by a state or local government, from cooperating with or providing information to any individual, including a bondsman or bail fugitive recovery person, regarding any legally protected health care activity, as defined, or otherwise expend or use time, moneys, facilities, property, equipment, personnel, or other resources in furtherance of any investigation or proceeding that seeks to impose civil or criminal liability or professional sanctions for any legally protected health care activity that occurred in this state or that would be legal if it occurred in this state.
- Provides that for purposes CalWORKs ineligibility, an individual is not considered fleeing to avoid prosecution if the felony offense with which the person is charged or convicted is as a result of performing, receiving, supporting, or aiding in the performance or receipt of an abortion, contraception, reproductive care, or gender-affirming care if the abortion, contraception, reproductive care, or gender-affirming care is lawful under the laws of this state, regardless of the recipient’s location.
- Specifies that an individual shall be determined to be fleeing to avoid prosecution, or custody and confinement after conviction, if a federal, state, or local law enforcement officer, acting in an official capacity, presents and outstanding felony arrest warrant containing one or more of the specified National Crime Information Center Offense Classification Codes.
- Replaces the term “unborn person” to “unborn beneficiary” in various sections of the Probate Code.
- Contains a severability clause.
Background
According to the author of this bill:
Since Roe was overturned last year, California has significantly strengthened and expanded access to reproductive health care and abortion services including legal protections to patients and providers and offered assistance and protection to patients who come to California. We have also protected and affirmed the right to gender-affirming care. But as the assault on essential healthcare accelerates, new challenges are emerging especially to health care providers who are extending a lifeline to their patients who may be in a state where medically safe and effective treatments are now illegal. SB 345 is needed to ensure that California healthcare practitioners are able to provide essential reproductive and gender affirming care to all of their patients, regardless of their patient’s location, knowing that California is doing everything it can to protect them against the draconian laws of other states.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
According to the Senate Appropriations Committee, unknown court workload cost pressures in order to adjudicate civil violations of this bill’s provisions (Trial Court Trust Fund, General Fund).
SUPPORT: (Verified 5/18/23)
ACCESS Reproductive Justice (co-source)
Black Women for Wellness Action Project (co-source)
NARAL Pro-Choice California (co-source)
Training in Early Abortion for Comprehensive Healthcare (co-source)
Abortion Coalition for Telemedicine Access
Aria Medical
Black Women Lawyers Association of Los Angeles
Board of Registered Nursing
California Association of Black Lawyers
California Latinas for Reproductive Justice
California Legislative Women’s Caucus
California Nurse Midwives Association
California Public Defenders Association
California Women's Law Center
Choix Inc.
City and County of San Francisco Department on the Status of Women
Conference of California Bar Associations
Health Care Workers
Honeybee Health
John Burton Advocates for Youth
John Langston Bar Association
Mya Network
National Association of Social Workers, California Chapter
National Council of Jewish Women of Kansas City
Oakland Privacy
Physician Assistant Board
Physicians for Reproductive Health
Plan C
Possible Health
QueerDoc
Reproductive Health Access Project
Santa Barbara Women’s Political Committee
State Innovation Exchange
Tia, Inc.
VALOR California
OPPOSITION: (Verified 5/18/23)
California Catholic Conference
Frederick Douglass Foundation of California
Right to Life League
ARGUMENTS IN SUPPORT: According to Oakland Privacy:
This bill would provide extra assurances for California providers of essential healthcare services with protections against the jeopardization of their license, extradition and prosecution. Other states are also enacting or in process of enacting laws to protect providers of reproductive and other sensitive health services. Massachusetts passed a law last year to provide protections to healthcare workers who provide abortion services to out of state patients. New York has also introduced a bill this year to extend protections to providers who provide telemedicine abortion services to out of state patients.
Since the COVID pandemic, telehealth whereby health related services and information are delivered via telecommunication technologies - has increased by a factor of 38X. This includes an increase in telehealth services relating to self-managed abortions which then increased even more after the U.S. Supreme Court Dobbs decision. Finally, in December of 2021, the FDA expanded the ability for abortion medication to be dispensed via telehealth, and expanded access through certified pharmacies in addition to certified providers. However, there are several attempts to limit reproductive care through the use of abortion medication and telehealth, as some states require in-person visits, ban telehealth abortion services, or restrict the dispensing of abortion medication. This coupled with the days-old Texas ruling (now on appeal) potentially banning the use of FDA-approved abortion medication Mifepristone, will make it more difficult for providers to navigate providing reproductive care to patients. While not an abortion panacea, telehealth reproductive services and the protection of providers utilizing these services will help fill a need where people may not otherwise readily have access to reproductive care. Furthermore, restrictions on abortions in several states across the country makes this bill expanding protections to providers of reproductive and gender-affirming care - no matter where their patients are located - even more essential.
ARGUMENTS IN OPPOSITION: According to the California Catholic Conference:
With this bill, the Legislature is overstepping and engaging in ideological colonization against states and citizens that do not want abortion. SB 345 circumvents Article IV, section 1 of the US Constitution, stating “Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State.” Denying the legitimate interest of other states to protect unborn children and public health is a dangerous precedent. By explicitly contravening the U.S. Constitution, this bill could prompt other states to selectively decide to ignore laws duly enacted by the California Legislature.
Prepared by: Stella Choe / PUB. S. /
5/23/23 13:07:58
**** END ****
SENATE COMMITTEE ON APPROPRIATIONS
Senator Anthony Portantino, Chair
2023 - 2024 Regular Session
SB 345 (Skinner) - Health care services: legally protected health care activities
Version: April 27, 2023 | Policy Vote: PUB. S. 4 - 0, JUD. 8 - 2 |
Urgency: No | Mandate: Yes |
Hearing Date: May 18, 2023 | Consultant: Matthew Fleming |
Bill Summary:
SB 345 would enact various safeguards against the enforcement of other states’ laws that prohibit, criminalize, sanction, authorize civil liability against, or otherwise interfere with a person, provider, or other entity in California that offers reproductive health care services or gender-affirming health care services.
*********** ANALYSIS ADDENDUM – SUSPENSE FILE ***********
The following information is revised to reflect amendments
adopted by the committee on May 18, 2023
Fiscal Impact:
Unknown court workload cost pressures in order to adjudicate civil violations of this bill’s provisions (Trial Court Trust Fund, General Fund).
Author Amendments:
- Prohibit a magistrate from issuing an arrest warrant for an individual whose alleged offense or conviction is for the violation of laws of another state that criminalizes an individual performing, receiving, supporting, or aiding in the performance or receipt of an abortion, contraception, reproductive care, or gender-affirming care if the abortion, contraception, reproductive care, or gender-affirming care is lawful under the laws of this state (“protected health care activities”), regardless of the recipient’s location.
- Provide that a bondsman or person authorized to apprehend, detain, or arrest a fugitive admitted to bail in another state who takes into custody a fugitive admitted to bail in another state whose alleged offense or conviction is for the violation of laws of another state that authorizes a criminal penalty to an individual for protected health care activities, without a magistrate’s order, is ineligible for a license to be a bail fugitive recovery agent and shall forfeit any license already obtained. Imposes criminal penalties against a bail fugitive recovery agent for apprehending, detaining, or arresting a bail fugitive admitted to bail in another state whose alleged offense or conviction was for the violation of laws of another state that criminalizes protected health care.
- Authorize a person who is taken into custody by a bail agent in violation of this bill’s provisions to bring a civil action for injunctive, monetary, or other appropriate relief against the bondsman and bond company within three years.
- Prohibit, except as required by federal law, an officer or employee of a law enforcement agency from providing information or assistance relating to an investigation or inquiry into services constituting legally protected health care activity to any of the following:
- a federal law enforcement agency;
- a state law enforcement agency;
- a private citizen; or
- a bondsman or person authorized as a bail fugitive recovery agent to apprehend, detain, or arrest a fugitive admitted to bail in another state.
- Prohibit a judge from issuing an order directing a witness to appear as specified, if the criminal prosecution is based on the laws of another state that authorizes a criminal penalty to an individual for protected health care.
- Make clarifying changes.
-- END --
SENATE COMMITTEE ON APPROPRIATIONS
Senator Anthony Portantino, Chair
2023 - 2024 Regular Session
SB 345 (Skinner) - Health care services: legally protected health care activities
Version: April 27, 2023 | Policy Vote: PUB. S. 4 - 0, JUD. 8 - 2 |
Urgency: No | Mandate: Yes |
Hearing Date: May 8, 2023 | Consultant: Matthew Fleming |
Bill Summary:
SB 345 would enact various safeguards against the enforcement of other states’ laws that prohibit, criminalize, sanction, authorize civil liability against, or otherwise interfere with a person, provider, or other entity in California that offers reproductive health care services or gender-affirming health care services.
Fiscal Impact:
Unknown court workload cost pressures in order to adjudicate civil violations of this bill’s provisions (Trial Court Trust Fund, General Fund). See Staff Comments for additional details.
Background:
Since the 1973 holding in Roe v. Wade, the U.S. Supreme Court has continuously held that it is a constitutional right to access abortion before fetal viability. However, on June 24, 2022 the Court voted 6-3 to overturn the holding in Roe and found that there is no federal constitutional right to an abortion. As a result of the Dobbs decision, people in roughly half the country may lose access to abortion services or have them severely restricted. In addition, a growing number of states have been passing laws putting residents who seek essential gender-affirming care at risk of being prosecuted. States are attempting to classify the provision and seeking of gender-affirming health care as a crime warranting prison time and are threatening parents with criminal penalties if they attempt to travel to another state in order to secure life-saving gender-affirming care for their child. Though California has enacted numerous laws to protect the right to gender-affirming care and the fundamental right to reproductive freedom, without federal protections there is nothing prohibiting those providing or seeking abortion or gender-affirming health care from being criminalized or held liable in other states.
This bill seeks to address this issue in a number of ways including: prohibiting the sharing of information that is sought through subpoenas or a warrant for an out-of-state prosecution or law suit when the information is related to the legally protected health care in California, authorizing a new cause of action for a person who is subject to abusive litigation that infringes on or interferes with, or attempts to infringe on or interfere with, a legally protected health care activity, and prohibiting a business from tracking, using, storing, or selling geographic location data of a person physically located in or in close proximity to a family planning center. Similar laws were passed last year in Massachusetts and Colorado, and states such as New York have similar legislation pending currently.
Proposed Law:
- Provides that California law governs in any action, whether civil, administrative, or criminal, against any person who provides, receives, aids or abets in providing or receiving, or attempts to provide or receive, by any means, including telehealth, reproductive health care services and gender-affirming health care services, including gender-affirming mental health care services if the care was legal in the state in which it was provided at the time of the challenged conduct.
- Provides that it is abusive litigation to litigate or take other legal action to deter, prevent, sanction, or punish a person engaging in legally protected health care activity by either of the following:
- filing or prosecuting an action in a state other than California where liability, in whole or part, directly or indirectly, is based on a legally protected health care activity that was legal in the state in which it occurred, including an action in which liability is based on a theory of vicarious, joint, or several liability; or
- attempting to enforce an order or judgment issued in connection with an action described in (b) above by a party to the action or a person acting on behalf of a party to the action. A lawsuit is to be considered to be based on conduct that was legal in the state in which it occurred if a part of an act or omission involved in the course of conduct that forms the basis for liability in the lawsuit occurs or is initiated in a state in which the health care was legal, whether or not the act or omission is alleged or included in a pleading or other filing in the lawsuit.
- Defines “legally protected health care activity” and other terms for purposes of the bill.
- Provides that a public act or record of a foreign jurisdiction that prohibits, criminalizes, sanctions, authorizes a person to bring a civil action against, or otherwise interferes with a person, provider, or other entity in California that seeks, receives, causes, aids in access to, aids, abets, provides, or attempts or intends to seek, receive, cause, aid in access to, aid, abet, or provide, reproductive health care services or gender-affirming health care services shall be an interference with the exercise and enjoyment of the rights secured by the Constitution and laws of California and shall be a violation of the public policy of California.
- Provides that if a person, including a plaintiff, prosecutor, attorney, or law firm, whether or not acting under color of law, engages or attempts to engage in abusive litigation that infringes on or interferes with, or attempts to infringe on or interfere with, a legally protected health care activity, then an aggrieved person, provider, carrier, or other entity, including a defendant in the abusive litigation, may institute and prosecute a civil action for injunctive, monetary, or other appropriate relief within three years after the cause of action accrues.
- Provides that an aggrieved person, provider, or other entity, including a defendant in abusive litigation, may move to modify or quash a subpoena issued in connection with abusive litigation on the grounds that the subpoena is unreasonable, oppressive, or inconsistent with the public policy of California.
- Provides that if the court finds for the petitioner in a civil action for abusive litigation that infringes on or interferes with, or attempts to infringe on or interfere with, a legally protected health care activity, recovery is to be in the amount of three times the amount of actual damages, which includes damages for the amount of a judgment issued in connection with an abusive litigation, and any other expenses, costs, or reasonable attorney’s fees incurred in connection with the abusive litigation.
- Authorizes a court to exercise jurisdiction over a person in a civil action for abusive litigation that infringes on or interferes with, or attempts to infringe on or interfere with, a legally protected health care activity if any of the following apply:
- personal jurisdiction is found;
- the person has commenced an action in a court in California and, during the pendency of that action or an appeal therefrom, a summons and complaint is served on the person or the attorney appearing on the person’s behalf in that action or as otherwise permitted by law; or
- the exercise of jurisdiction is permitted under the Constitution of the United States.
- Specifies that the above provisions do not apply to a lawsuit or judgment entered in another state that is based on conduct for which a cause of action exists under the laws of California, including a contract, tort, common law, or statutory claims.
- Provides that notwithstanding any other law, the laws of California shall govern in a case or controversy heard in California related to reproductive health care services or gender-affirming health care services, except as may be required by federal law.
- Specifies that these provisions are not to be construed to provide jurisdiction over a California resident in an out-of-state forum when the California resident has not availed themselves of that forum.
- Requires a court to grant a stay of enforcement when a money judgment or lien on real property was obtained against a person or entity for exercising a right guaranteed under the United States Constitution as interpreted by the United States Supreme Court precedent at the time the right was exercised, or a right guaranteed under the California Constitution, or against a person or entity for aiding and abetting the exercise of said rights.
- Prohibits a business that tracks, uses, collects, or stores geographic location data from tracking, using, storing, or selling data that contains the personally identifying information of a person physically located in or in close proximity to a family planning center, as defined. Authorizes an aggrieved person or entity, including a family planning center, to institute and prosecute a civil action against any person or business who violates this prohibition for injunctive and monetary relief and attorney’s fees within three years of discovery of the violation.
- Provides that notwithstanding any other law, a licensing board under the Department of Consumer Affairs cannot suspend or revoke the license of a person solely because that person provided a legally protected health care activity, as defined.
- Provides that performance, recommendation, or provision of a legally protected health care activity by a health care practitioner acting within their scope of practice for a patient who resides in a state in which the performance, recommendation, or provision of that legally protected health care activity is illegal, does not, by itself, constitute professional misconduct, upon which discipline or other penalty may be taken.
- Expands an exemption to the definition of murder to include a mother who committed the act that resulted in the death of the fetus and makes other technical changes.
Related Legislation:
- SB 36 (Skinner, 2023) prohibits the issuance of warrants for those whose offense pursuant to the laws of another state is related to abortion, contraception, reproductive care, and gender-affirming care legally protected in California. This bill is currently pending in the Senate Appropriations Committee.
- AB 1707 (Pacheco, 2023) prohibits a healing arts board under the Department of Consumer Affairs from denying an application for a license or imposing discipline upon a licensee on the basis of a civil judgment, criminal conviction, or disciplinary action in another state that is based on the application of another state’s law that interferes with a person’s right to receive sensitive services, as defined. This bill is currently pending in the Assembly Appropriations Committee.
- SB 107 (Wiener, Ch. 810, Stats. 2022) enacted various safeguards against the enforcement of other states’ laws that purport to penalize individuals from obtaining gender-affirming care that is legal in California.
- AB 1666 (Bauer-Kahan, Ch. 42, Stats. 2022) prohibited the enforcement in this state of out-of-state laws authorizing a civil action against a person or entity that receives or seeks, performs or induces, or aids or abets the performance of an abortion, or who attempts or intends to engage in those actions and declares those out-of-state laws to be contrary to the public policy of this state.
- AB 2091 (Mia Bonta, Ch. 628, Stats. 2022), among other things, prohibited compelling a person to identify or provide information that would identify an individual who has sought or obtained an abortion in a state, county, city, or other local criminal, administrative, legislative, or other proceeding if the information is being requested based on another state’s laws that interfere with a person’s right to choose or obtain an abortion or a foreign penal civil action.
- AB 2223 (Wicks, Ch. 629, Stats. 2022), among other things, authorized a party aggrieved by a violation of the Reproductive Privacy Act to bring a civil action against an offending state actor, as specified, and provides that every individual possesses a fundamental right of privacy with respect to personal reproductive decisions, which entails the right to make and effectuate decisions about all matters relating to pregnancy, including prenatal care, childbirth, postpartum care, contraception, sterilization, abortion care, miscarriage management, and infertility care.
Staff Comments:
It is unknown how many violations of SB 345 will occur and necessitate court involvement. It generally costs about $1,000 to operate a courtroom for one hour. Although courts are not funded on the basis of workload, increased staff time and resources may create a need for increased funding for courts from the General Fund (GF) to perform existing duties. Numerous trial court operations are funded through the imposition and collection of criminal fines and fees. However, the Legislature has reduced and eliminated criminal fines and fees over the past decade. As a result, the 2023-24 proposed budget anticipates an ongoing annual allocation of $109.3 million from the GF to backfill declining revenue to the Trial Court Trust Fund.
-- END --
Senator Thomas Umberg, Chair
2023-2024 Regular Session
Bill No: SB 345 (Author:Skinner)
Version: April 10, 2023
Hearing Date: April 25, 2023
Fiscal: Yes
Urgency: No
Consultant: AM
SUBJECT
Health care services: legally protected health care activities
DIGEST
This bill enacts various safeguards against the enforcement of other states’ laws that prohibit, criminalize, sanction, authorize a person to bring a civil action against, or otherwise interfere with a person, provider, or other entity in California that seeks, receives, causes, aids in access to, aids, abets, provides, or attempts or intends to seek, receive, cause, aid in access to, aid, abet, or provide, reproductive health care services or gender-affirming health care services.
EXECUTIVE SUMMARY
Since the 1973 holding in Roe v. Wade, the U.S. Supreme Court has continuously held that it is a constitutional right to access abortion before fetal viability. However, on June 24, 2022 the Court voted 6-3 to overturn the holding in Roe and found that there is no federal constitutional right to an abortion. As a result of the Dobbs decision, people in roughly half the country may lose access to abortion services or have them severely restricted. In addition, a growing number of states have been passing laws putting residents who seek essential gender-affirming care at risk of being prosecuted. States are attempting to classify the provision and seeking of gender-affirming health care as a crime warranting prison time and are threatening parents with criminal penalties if they attempt to travel to another state in order to secure life-saving gender-affirming care for their child. Though California has enacted numerous laws to protect the right to gender-affirming care and the fundamental right to reproductive freedom, without federal protections there is nothing prohibiting those providing or seeking abortion or gender-affirming health care from being criminalized or held liable in other states. This bill seeks to address this issue in a myriad of ways including: prohibiting the sharing of information that is sought through subpoenas or a warrant for an out-of-state prosecution or law suit when the information is related to the legally protected health care in California, authorizing a new cause of action for a person who is subject to abusive litigation that infringes on or interferes with, or attempts to infringe on or interfere with, a legally protected health care activity, and prohibiting a business from tracking, using, storing, or selling geographic location data of a person physically located in or in close proximity to a family planning center. Similar laws were passed last year in Massachusetts and Colorado, and states such as New York have similar legislation pending currently.
The bill is sponsored by ACCESS Reproductive Justice, Black Women for Wellness Action Project, NARAL Pro-Choice California, and Training in Early Abortion for Comprehensive Healthcare. The bills is supported various reproductive rights organizations, medical associations, and other organizations. The bill is opposed by the California Catholic Conference and Frederick Douglass Foundation of California. The bill passed the Senate Committee on Public Safety on a vote of 4 to 0.
PROPOSED CHANGES TO THE LAW
Existing federal law:
- Provides that full faith and credit must be given in each state to the public acts, records, and judicial proceedings of every other state, and that the United States Congress may by general laws prescribe the manner in which such acts, records, and proceedings must be proved, and the effect thereof. (U.S. Const. art. IV, sec. 1.)
- Provides that records and judicial proceedings of any court of any such state, territory, or possession, or copies thereof, must be proved or admitted in other courts within the United States and its territories and possessions by the attestation of the clerk and seal of the court annexed, if a seal exists, together with a certificate of a judge of the court that the said attestation is in proper form, and that such acts, records, and judicial proceedings or copies thereof, so authenticated, have the same full faith and credit in every court within the United States and its territories and possessions as they have by law or usage in the courts of such state, territory or possession from which they are taken. (28 U.S.C. § 1738.)
Existing state law:
- Prohibits the state from denying or interfering with an individual’s reproductive freedom in their most intimate decisions, which includes their fundamental right to choose to have an abortion and their fundamental right to choose or refuse contraceptives. Specifies that this provision is intended to further the constitutional right to privacy guaranteed by Section 1 of Article I of the California Constitution, and the constitutional right to not be denied equal protection guaranteed by Section 7 of Article I of the California Constitution, and that nothing herein narrows or limits the right to privacy or equal protection. (Cal. Const., art. I, § 1.1.)
- Provides that all people are by nature free and independent and have inalienable rights including, among others, the right to privacy. (Cal. Const., art. I, § 1.)
- Provides that a person may not be deprived of life, liberty, or property without due process of law or denied equal protection of the laws. (Cal. Const., art. I, § 7.)
- Holds that the state constitution’s express right to privacy extends to an individual’s decision about whether or not to have an abortion. (People v. Belous (1969) 71 Cal.2d 954.)
- Establishes the Reproductive Privacy Act and provides that the Legislature finds and declares that every individual possesses a fundamental right of privacy with respect to personal reproductive decisions and, therefore, it is the public policy of the State of California that:
- every individual has the fundamental right to choose or refuse birth control;
- every individual has the fundamental right to choose to bear a child or to choose to obtain an abortion, with specified limited exceptions; and
- the state shall not deny or interfere with a person’s fundamental right to choose to bear a child or to choose to obtain an abortion, except as specifically permitted (Health & Saf. Code § 123460 et. seq., § 123462.)
- Provides that the state may not deny or interfere with a person’s right to choose or obtain an abortion prior to viability of the fetus or when the abortion is necessary to protect the life or health of the person. (Health & Safe. Code § 123466.)
- Provides that a law of another state that authorizes a person to bring a civil action against a person or entity who does any of the following is contrary to the public policy of this state:
- receives or seeks an abortion;
- performs or induces an abortion;
- knowingly engages in conduct that aids or abets the performance or inducement of an abortion; or
- attempts or intends to engage in the conduct described in a) through c). (Health & Safe. Code § 123467.5(a).)
- Provides various safeguards against the enforcement of other states’ laws that purport to penalize individuals from obtaining gender-affirming care that is legal in California. (Civ. Code § 56.109, Code of Civ. Proc. § 2029.300 & 2029.350, Fam. Code § 3421, 3424, 3427, 3428, and 3453.5.)
- Provides that a court of this state may exercise jurisdiction on any basis not inconsistent with the Constitution of this state or of the United States. (Code of Civ. Proc. § 410.10.)
- Requires a court to grant a stay of enforcement under certain circumstances including any circumstance that exists where the interests of justice require a stay of enforcement. (Code of Civ. Proc. § 1710.50.)
- Establishes the California Consumer Privacy Act (CCPA), as amended by Proposition 24 (2020), which grants consumers certain rights with regard to their personal information, including enhanced notice, access, and disclosure; the right to deletion; the right to restrict the sale of information; and protection from discrimination for exercising these rights. It places attendant obligations on businesses to respect those rights. (Civ. Code § 1798.100 et seq.)
This bill:
- States that California law governs in any action, whether civil, administrative, or criminal, against any person who provides, receives, aids or abets in providing or receiving, or attempts to provide or receive, by any means, including telehealth, reproductive health care services and gender-affirming health care services, including gender-affirming mental health care services if the care was legal in the state in which it was provided at the time of the challenged conduct.
- Declares that access to reproductive health care services and gender-affirming health care services is a right secured by the Constitution and laws of California and that interference with this right, whether or not under the color of law, is against the public policy of California.
- Provides that it is abusive litigation to litigate or take other legal action to deter, prevent, sanction, or punish a person engaging in legally protected health care activity by either of the following:
- filing or prosecuting an action in a state other than California where liability, in whole or part, directly or indirectly, is based on a legally protected health care activity that was legal in the state in which it occurred, including an action in which liability is based on a theory of vicarious, joint, or several liability; or
- attempting to enforce an order or judgment issued in connection with an action described in (b) above by a party to the action or a person acting on behalf of a party to the action. A lawsuit is to be considered to be based on conduct that was legal in the state in which it occurred if a part of an act or omission involved in the course of conduct that forms the basis for liability in the lawsuit occurs or is initiated in a state in which the health care was legal, whether or not the act or omission is alleged or included in a pleading or other filing in the lawsuit.
- Defines “legally protected health care activity” to mean any of the following:
- the exercise and enjoyment, or attempted exercise and enjoyment, by a person of rights to reproductive health care services, gender-affirming health care services, or gender-affirming mental health care services secured by the Constitution or laws of California or the provision of insurance coverage for such services;
- an act or omission undertaken to aid or encourage, or attempt to aid or encourage, a person in the exercise and enjoyment or attempted exercise and enjoyment of rights to reproductive health care services, gender-affirming health care services, or gender-affirming mental health care services secured by the Constitution or laws of California; or
- the provision of the health care services by a person duly licensed under the laws of California and the provision of insurance coverage for the services, if the service is permitted under the laws of California, regardless of the patient’s location.
- Specifies that “legally protected health care activity” does not include a service rendered below the applicable professional standard of care or that would violate antidiscrimination laws of California.
- Defines “reproductive health care services” to mean and includes all services, care, or products of a medical, surgical, psychiatric, therapeutic, diagnostic, mental health, behavioral health, preventative, rehabilitative, supportive, consultative, referral, prescribing, or dispensing nature relating to the human reproductive system provided in accordance with the constitution and laws of this state, whether provided in person or by means of telehealth services which includes, but is not limited to, all services, care, and products relating to pregnancy, assisted reproduction, contraception, miscarriage management, the termination of a pregnancy, or self-managed terminations.
- Provides that “gender-affirming health care services” and “gender-affirming mental health care services” have the same meaning as defined in paragraph (3) of subdivision (b) of Section 16010.2 of the Welfare and Institutions Code.
- States that a public act or record of a foreign jurisdiction that prohibits, criminalizes, sanctions, authorizes a person to bring a civil action against, or otherwise interferes with a person, provider, or other entity in California that seeks, receives, causes, aids in access to, aids, abets, provides, or attempts or intends to seek, receive, cause, aid in access to, aid, abet, or provide, reproductive health care services or gender-affirming health care services shall be an interference with the exercise and enjoyment of the rights secured by the Constitution and laws of California and shall be a violation of the public policy of California.
- States that if a person, including a plaintiff, prosecutor, attorney, or law firm, whether or not acting under color of law, engages or attempts to engage in abusive litigation that infringes on or interferes with, or attempts to infringe on or interfere with, a legally protected health care activity, then an aggrieved person, provider, carrier, or other entity, including a defendant in the abusive litigation, may institute and prosecute a civil action for injunctive, monetary, or other appropriate relief within three years after the cause of action accrues.
- States that an aggrieved person, provider, or other entity, including a defendant in abusive litigation, may move to modify or quash a subpoena issued in connection with abusive litigation on the grounds that the subpoena is unreasonable, oppressive, or inconsistent with the public policy of California.
- Provides that if the court finds for the petitioner in a civil action for abusive litigation that infringes on or interferes with, or attempts to infringe on or interfere with, a legally protected health care activity, recovery is to be in the amount of three times the amount of actual damages, which includes damages for the amount of a judgment issued in connection with an abusive litigation, and any other expenses, costs, or reasonable attorney’s fees incurred in connection with the abusive litigation.
- Authorizes a court to exercise jurisdiction over a person in a civil action for abusive litigation that infringes on or interferes with, or attempts to infringe on or interfere with, a legally protected health care activity if any of the following apply:
- personal jurisdiction is found;
- the person has commenced an action in a court in California and, during the pendency of that action or an appeal therefrom, a summons and complaint is served on the person or the attorney appearing on the person’s behalf in that action or as otherwise permitted by law; or
- the exercise of jurisdiction is permitted under the Constitution of the United States.
- Specifies that the above provisions do not apply to a lawsuit or judgment entered in another state that is based on conduct for which a cause of action exists under the laws of California, including a contract, tort, common law, or statutory claims.
- States that notwithstanding any other law, the laws of California shall govern in a case or controversy heard in California related to reproductive health care services or gender-affirming health care services, except as may be required by federal law.
- Specifies that these provisions are not to be construed to provide jurisdiction over a California resident in an out-of-state forum when the California resident has not availed themselves of that forum.
- Requires a court to grant a stay of enforcement when a money judgment or lien on real property was obtained against a person or entity for exercising a right guaranteed under the United States Constitution as interpreted by the United States Supreme Court precedent at the time the right was exercised, or a right guaranteed under the California Constitution, or against a person or entity for aiding and abetting the exercise of said rights.
- Prohibits a business that tracks, uses, collects, or stores geographic location data from tracking, using, storing, or selling data that contains the personally identifying information of a person physically located in or in close proximity to a family planning center, as defined. Authorizes an aggrieved person or entity, including a family planning center, to institute and prosecute a civil action against any person or business who violates this prohibition for injunctive and monetary relief and attorney’s fees within three years of discovery of the violation.
- Provides that notwithstanding any other law, a licensing board under the Department of Consumer Affairs cannot suspend or revoke the license of a person solely because that person provided a legally protected health care activity, as defined.
- Provides that performance, recommendation, or provision of a legally protected health care activity by a health care practitioner acting within their scope of practice for a patient who resides in a state in which the performance, recommendation, or provision of that legally protected health care activity is illegal, does not, by itself, constitute professional misconduct, upon which discipline or other penalty may be taken.
- Expands the exemption to the definition of murder to include a mother who committed the act that resulted in the death of the fetus and makes other technical changes.
- States that notwithstanding any law, and except as required by federal law, a demand for the extradition of a person charged with any legally protected health care activity shall not be recognized by the Governor unless in accordance with Penal Code section 1548.2 including the requirement that the accused was present in the demanding state at the time of the commission of the alleged crime, and that thereafter the person fled from that state.
- Replaces the term “unborn children” and “unborn person” to “fetus” in various provisions including, among others, defining low-risk pregnancy conditions for determining the scope of authorization of a certificate to practice nurse-midwifery, defining active labor for health facility licensing provisions, and defining spouse for California State Teachers’ Retirement System benefits
- Replaces the term “unborn person” to “unborn beneficiary” in various sections of the Probate Code.
- Contains a severability clause so that if any provision of this bill or its application is held invalid, that invalidity will not affect other provisions or applications that can be given effect without the invalid provision or application.
COMMENTS
1) Stated need for the bill
The author writes:
Since Roe was overturned last year, California has significantly strengthened and expanded access to reproductive health care and abortion services including legal protections to patients and providers and offered assistance and protection to patients who come to California. We have also protected and affirmed the right to gender-affirming care. But as the assault on essential healthcare accelerates, new challenges are emerging especially to health care providers who are extending a lifeline to their patients who may be in a state where medically safe and effective treatments are now illegal. SB 345 is needed to ensure that California healthcare practitioners are able to provide essential reproductive and gender affirming care to all of their patients, regardless of their patient’s location, knowing that California is doing everything it can to protect them against the draconian laws of other states.
2) Reproductive rights
Roe v. Wade was the landmark U.S. Supreme Court decision that held the implied constitutional right to privacy extended to a person’s decision whether to terminate a pregnancy, while allowing that some state regulation of abortion access could be permissible. ((1973) 410 U.S. 113; overruled by Dobbs v. Jackson Women’s Health (2022) 142 S. Ct. 2228.) Roe has been one of the most debated U.S. Supreme Court decisions and its application and validity have been challenged numerous times, but its fundamental holding had continuously been upheld by the Court until June 2022. On June 24, 2022 the Court published its official opinion in Dobbs and voted 6-3 to overturn the holding in Roe.[1] The case involved a Mississippi law enacted in 2018 that banned most abortions after the first 15 weeks of pregnancy, which is before what is generally accepted as the period of viability. (see Miss. Code Ann. §41-41-191.) The majority opinion upholds the Mississippi law finding that, contrary to almost 50 years of precedent, there is no fundamental constitutional right to have an abortion. The opinion further provides that states should be allowed to decide how to regulate abortion and that a strong presumption of validity should be afforded to those state laws.[2]
- Out-of-state statutes denying or chilling access to reproductive health care
Texas perniciously enacted a law with an enforcement scheme that was designed to avoid judicial scrutiny of the law’s clearly unconstitutional, at the time of enactment, provisions under the holding of Roe and Casey.[3] Texas abortion providers filed a case in an attempt to stop the law before it took effect seeking pre-enforcement review of the law and an injunction barring its enforcement. On certiorari from the Fifth Circuit, the U.S. Supreme Court held that a pre-enforcement challenge to the law under the U.S. Constitution may only proceed against certain defendants but not others.[4] The court did not address whether the law was constitutionally sound. However, the court’s ruling essentially insulated the private enforcement of the law from challenge, allowing the law to remain in effect. The inability to challenge the law pre-enforcement allows it to stand as an ominous threat to all persons seeking or performing an abortion. This Texas law may very well be found to be constitutional under the holding of Dobbs.
The Texas law prohibits a physician from knowingly performing or inducing an abortion on a pregnant woman if the physician detected a fetal heartbeat for the unborn child, as specified, or failed to perform a test to detect a fetal heartbeat. (Tex. Health & Safety Code § 171.201 et seq. (enacted through Texas Senate Bill 8).) This law essentially places a near-categorical ban on abortions beginning six weeks after a person’s last menstrual period, which is before many people even realize they are pregnant and occurs months before fetal viability.[5] The Texas law has far reaching implications, not solely for the person receiving an abortion or performing abortion services. This is evidenced in the provisions that prohibit anyone from “aiding and abetting” a person in obtaining an abortion, which could implicate and impose significant civil liability upon a person providing transportation to or from an abortion clinic, a person donating to a fund to assist individuals receiving an abortion, or even a person who simply discusses getting an abortion with someone. (Tex. Health & Safety Code § 171.208.) The Texas law provides that any person, other than an officer or employee of a state or local governmental entity in Texas, may bring a civil action to enforce its provisions, which includes liability of $10,000 plus costs and fees if a plaintiff prevails while a defendant is prohibited from recovering their own costs and fees if they prevail. (Id. at § 171.201(b) & (i).) Other states have already followed suit.
Additionally, many abortion bans target providers of abortions through criminal and administrative penalties, in addition to civil liability. For example, in Texas it is a felony to perform an abortion, unless it is needed to save the life of the patient, and provides for civil liability and licensure revocation. (Tex. Health & Safety Code § 171.201 et. seq.) In six states with abortion bans—Arkansas, Georgia, Idaho, Missouri, North Dakota, and Tennessee—prosecutors can criminally prosecute health care professionals for performing abortions and providers are only allowed to offer evidence that the procedure was necessary to save the patient until after they are charged.[6] These laws put providers in extremely difficult positions where they have to make legal and ethical judgments about treating a patient whose health or life may be in jeopardy while facing the very real potential of being held criminally or civilly liable or having their medical license threatened.
- California is a Reproductive Freedom State
The California Supreme Court held in 1969 that the state constitution’s implied right to privacy extends to an individual’s decision about whether or not to have an abortion. (People v. Belous (1969) 71 Cal.2d 954.) This was the first time an individual’s right to abortion was upheld in a court. In 1972 the California voters passed a constitutional amendment that explicitly provided for the right to privacy in the state constitution. (Prop. 11, Nov. 7, 1972 gen. elec.) California statutory law provides, under the Reproductive Privacy Act, that the Legislature finds and declares every individual possesses a fundamental right of privacy with respect to personal reproductive decisions, which entails the right to make and effectuate decisions about all matters relating to pregnancy; therefore, it is the public policy of the State of California that every individual has the fundamental right to choose or refuse birth control, and every individual has the fundamental right to choose to bear a child or to choose to obtain an abortion. (Health & Saf. Code § 123462.) In 2019 Governor Newsom issued a proclamation reaffirming California’s commitment to making reproductive freedom a fundamental right in response to the numerous attacks on reproductive rights across the nation.[7] In September 2021, more than 40 organizations came together to form the California Future Abortion Council (CA FAB) to identify barriers to accessing abortion services and to recommend policy proposals to support equitable and affordable access for not only Californians but all who seek care in the state.
In response to the Dobbs decision, California enacted a comprehensive package of legislation expanding, protecting, and strengthening access to reproductive health care, including abortions, for all Californians and people seeking such care in our state.[8] One such law, AB 1666 (Bauer-Kahan, Ch. 42, Stats. 2022) provided that a law of another state that authorizes a person to bring a civil action against a person or entity who receives, seeks, performs, or induces an abortion, or knowingly engages in conduct that aids or abets the performance or inducement of an abortion, or attempts or intends to engage in such conduct, is contrary to the public policy of this state (Gov. Code § 123467.5.) Additionally, the voters overwhelmingly approved Proposition 1 (Nov. 8, 2022 gen. elec.), and enacted an express constitutional right in the state constitution that prohibits the state from interfering with an individual’s reproductive freedom in their most intimate decisions.
- Out of state bans on gender-affirming care and California policies to protect patients receiving such care
As California and other states have implemented policies to ensure that transgender individuals are not discriminated against and can obtain gender-affirming care, other states have targeted transgender individuals and providers of gender affirming care. According to Human Rights Watch, as of March 2022, legislatures nationwide had introduced over 300 anti-LGBTQ+ bills, over 130 of which specifically targeted transgender people.[9] Many states have been enacting statutes that potentially impose civil and criminal liability for providing to a minor, or helping a minor obtain, gender-affirming care. For example, Alabama recently enacted a bill that makes it a felony to provide, or help to provide, certain types of gender-affirming care.[10] Arkansas prohibits a physician or other healthcare provider from providing or referring certain types of gender-affirming care for a minor; a violation or “threatened violation” can be punished through a professional board or a civil action.[11] SB 107 (Wiener, 2022; Ch. 810, Stats. 2022), among other things, prohibits the sharing of medical records regarding the receipt of gender-affirming care, the enforcement of out-of-state subpoenas seeking information regarding the receipt of gender-affirming medical care in California, and the enforcement of laws of another state that authorize the removal of a child from their parent or guardian and enforcement of out-of-state criminal laws related to gender-affirming health care. On September 29, 2022, Governor Newsom issued a signing statement for SB 107 that said “[i]n California we believe in equality and acceptance. We believe that no one should be prosecuted or persecuted for getting care they need – including gender-affirming care.[12]”
4) Bill furthers the public policy of the State of California
This bill seeks make additional changes to civil and criminal laws to protect patients and health care providers who provide patients with a legally protected health care activity and others who may aid or assist them. According to the background information provided by the author, “approximately 53% of abortions are done through medication rather than surgery, and 64% of abortions before the 10th week of gestation are done through medication rather than surgery. Medication abortion ends a pregnancy in its early stages. The medications are generally administered up to 10 weeks into a pregnancy, using a safe and effective two-drug protocol, mifepristone and misoprostol. The first drug, mifepristone, also known as ‘Mifeprex’ or ‘RU-486,’ blocks the action of the natural hormone progesterone on the uterus. This causes the lining of the uterus to shed, as it does during a period, and stops the growth of the pregnancy. This medication can be administered in the clinic, mailed to a patient’s location, or sent home with a patient. The second drug, misoprostol, causes the uterus to contract and initiates bleeding and cramping, Misoprostol is taken by the patient 6 to 72 hours after taking the first medication, mifepristone. Misoprostol completes the abortion.”
The author and sponsors note that because medication abortion necessarily involves a time lapse between when the patient interacts with the medical professional to receive the pills and two phases of medication, it is possible for people who travel to California to receive such services to also be present in another state over the course of the treatment, potentially opening them and the provided up for criminal prosecution or civil liability in that state.
This bill addresses this issue in multiple ways. The provisions of the bill that fall within the jurisdiction of this committee are:
- Allowing medical providers to provide abortion medication that is legal in California to a patient regardless of where the patient is located.
- Prohibiting the sharing of information that is sought through subpoenas or a warrant for an out-of-state prosecution or law suit when the information is related to legally protect health care activity.
- Authorizing a new cause of action in California that can be brought against a person who engages in abusive litigation that infringes on or interferes with, or attempts to infringe on or interfere with, a legally protected health care activity.
- Requiring a court to stay the enforcement of a money judgment or lien on real property that was obtained against a person or entity for exercising a right guaranteed under the United States Constitution as interpreted by the United States Supreme Court precedent at the time the right was exercised, or a right guaranteed under the California Constitution, or against a person or entity for aiding and abetting the exercise of said rights.
- Prohibiting a business from tracking, using, storing, or selling geographic location data of a person physically located in or in close proximity to a family planning center.
- Affirmatively stating that reproductive health care services and gender-affirming health care services is a right secured by the Constitution and laws of California, and that interference with this right, whether or not under the color of law, is against the public policy of California.
5) New cause of action and provisions related to limiting the enforcement of out-of-state statutes that infringe on or interferes with a legally protected health care activity
The bill provides that if a person, whether or not acting under color of law, engages or attempts to engage in abusive litigation that infringes on or interferes with, or attempts to infringe on or interfere with, a legally protected health care activity, then an aggrieved person, provider, carrier, or other entity, including a defendant in the abusive litigation, may institute and prosecute a civil action for injunctive, monetary, or other appropriate relief within three years after the cause of action accrues. An aggrieved person may move to modify or quash a subpoena issued in connection with abusive litigation on the grounds that the subpoena is unreasonable, oppressive, or inconsistent with the public policy of California. The bill provides that a court may exercise jurisdiction over a person under this new cause of action if personal jurisdiction is found under California’s long-arm statute, as permitted under the federal constitution, or the person has commenced an action in a court in California and, during the pendency of that action or an appeal therefrom, a summons and complaint is served on the person or the attorney appearing on the person’s behalf in that action or as otherwise permitted by law. Under the new cause of action, a plaintiff can receive treble damages.
It is a bit unclear who exactly can bring this new cause of action in this state and what jurisdictional ties, if any they need to have with California. The author may wish to amend the bill to define an aggrieved person, provider, carrier, or other entity to specify who can be a plaintiff in this new cause of action. Additionally, the author may wish to make some technical amendments to these provisions to clarify some provisions and ensure consistency throughout by including the defined term gender-affirming mental health care services after every instance of gender-affirming health care services. The specific amendments can be found below.
In order to ensure this bill is limited to those situations where an out-of-state law is seeking to infringe on or interfere with, or attempt to infringe on or interfere with, a legally protected health care activity, the bill specifies that these provisions do not apply to a lawsuit or judgment entered in another state that is based on conduct for which a cause of action exists under the laws of California, including a contract, tort, common law, or statutory claim. It also provides that the laws of California are to govern in a case or controversy heard in California related to reproductive health care services or gender-affirming health care services, except as may be required by federal law. The bill also provides that a court is to grant a stay of enforcement where a money judgment or lien on real property was obtained against a person or entity for exercising a right guaranteed under the United States Constitution as interpreted by the United States Supreme Court precedent at the time the right was exercised, or a right guaranteed under the California Constitution, or against a person or entity for aiding and abetting the exercise of said rights.
6) Full Faith and Credit Clause
Article IV, Section 1 of the U. S. Constitution, known as the Full Faith and Credit Clause, requires every state to give full faith and credit to the public acts (statutes), records, and judicial proceedings of every other state. As the bill requires certain laws and judgments of other states to not be enforced in California, it potentially implicates the Full Faith and Credit Clause. Current legal scholarship regarding the Full Faith and Credit Clause posits that the clause applies differently to public acts (statutes), records, and judicial proceedings.[13] The current jurisprudence seems to provide that determinative judicial proceedings should be enforced in another jurisdiction as evidenced by the Court in Baker v. General Motors Corp. stating “for claim and issue preclusion purposes…the judgement of the rendering state gains nationwide force.” ((1998) 522 U.S. 222, 233; see also Mills v. Duryee (1813) 7 Cranch 481, 484-485 holding that the judgment of a court of one of the states was conclusive evidence in every court within the United States.) Public acts or statutes and state records; however, may not need to be as strictly enforced. (see Alaska Packers Association v. Industrial Accident Comm. (1935) 294 U.S. 532; Adar v. Smith (5th Cir. 2011) 639 F.3d 146.) The U.S. Supreme Court provides some guidance:
Our precedent differentiates the credit owed to laws (legislative measures and common law) and to judgments. “In numerous cases this Court has held that credit must be given to the judgment of another state although the forum would not be required to entertain the suit on which the judgment was founded.” The Full Faith and Credit Clause does not compel “a state to substitute the statutes of other states for its own statutes dealing with a subject matter concerning which it is competent to legislate.” Regarding judgments, however, the full faith and credit obligation is exacting. A final judgment in one State, if rendered by a court with adjudicatory authority over the subject matter and persons governed by the judgment, qualifies for recognition throughout the land. For claim and issue preclusion (res judicata) purposes, in other words, the judgment of the rendering State gains nationwide force.[14]
- Public policy exception for public acts
The Court upheld the application of California law to settle a dispute of conflicting workers compensation statutes holding “[a] rigid and literal enforcement of the Full Faith and Credit Clause, without regard to the statute of the forum, would lead to the absurd result that wherever a conflict arises, the statute of each state must be enforced in the courts of the other, but cannot be in its own.” (Alaska Packers Association supra. at 547.) The Court further stated: “Prima facie every state is entitled to enforce in its own courts its own statutes, lawfully enacted. One who challenges that right, because of the force given to a conflicting statute of another state by the full faith and credit clause, assumes the burden of showing, upon some rational basis, that of the conflicting interests involved those of the foreign state are superior to those of the forum.” (Id. at 547-48.) A few years later, the Court noted that “the Full Faith and Credit Clause is not an inexorable and unqualified command. It leaves some scope for state control within its borders…” (Pink v. AAA Highway Express, Inc. (1941) 314 U.S. 201,210.) These cases seem to indicate that states can uphold their public policy and apply their laws when a conflict of laws arises in a forum in that state and not run afoul of the Full Faith and Credit Clause.
The bill provides that a public act or record of a foreign jurisdiction that prohibits, criminalizes, sanctions, authorizes a person to bring a civil action against, or otherwise interferes with a person, provider, or other entity in California that seeks, receives, causes, aids in access to, aids, abets, provides, or attempts or intends to seek, receive, cause, aid in access to, aid, abet, or provide, reproductive health care services or gender-affirming health care services shall be an interference with the exercise and enjoyment of the rights secured by the Constitution and laws of California and shall be a violation of the public policy of California. Under current jurisprudence, these provisions may very well not run afoul of the Full Faith and Credit Clause as they could fall within the public policy exception for public acts. If California was compelled to enforce such an out-of-state law, it would require California to deny individuals their fundamental rights under state constitutional and statutory law. This would clearly lead to an “absurd result” as described by the Court in Alaska Packers Association and deprive individuals from exercising their fundamental rights.
- Civil Penal Actions
The bill’s provisions that prohibit the enforcement of a civil judgment rendered under an out-of-state law that imposes civil liability related to an abusive litigation more directly implicates the Full Faith and Credit Clause because it prohibits the enforcement of a determinative judicial proceeding of another state. The Court has generally held, dating back to 1813, that states must recognize and enforce the judicial determinations of another state. (Mills v. Duryee (1813) 7 Cranch 481, 484-485.) However, the Court has intimated that there may be exceptions to this general rule, stating that states are not automatically required to enforce civil judgments of another state that are based on that state’s civil statutes when the goal or purpose of the civil statute is punishing a person for an offence against the “public justice.” (Huntington v Attrill (1892) 146 U.S. 657, 673-674.) The Huntington court explained that whether or not a law [was] considered penal, and thus could not be enforced in the court of another jurisdiction, “depends on the question whether its purpose is to punish an offense against the public justice of the state, or to afford a private remedy to a person injured by the wrongful act.” (Huntington v Attrill, supra, 146 U.S. 657, 673-674.) Although the Huntington court held that the New York statute in question was not penal, as it related to compensating a victim of a fraud, the Supreme Court has continued to examine Full Faith and Credit Clause claims using the penal exception standard. (See Milwaukee County v. M. E. White Company (1935) 296 U.S. 268.)[15] The Supreme Court also continues to apply the Huntington analysis of whether a statute is penal in nature to this day. (See Kokesh v. Securities & Exchange Commission (2017) 137 S. Ct. 1635, 1642.) The bill’s provisions may all within the civil penal action exception of the Full Faith and Credit Clause.
7) Data privacy protection
This bill amends the CCPA to provide that a business that tracks, uses, collects, or stores geographic location data shall not track, use, store, or sell data that contains the personally identifying information of a person physically located in or in close proximity to a family planning center. A family planning center is defined as a business categorized as a family planning center by the North American Industry Classification System adopted by the United States Census Bureau, including, but not limited to, an abortion clinic, birth control clinic, pregnancy counseling center, or reproductive health services center. A person who is aggrieved by a violation of this prohibition can bring a cause of action for injunctive and monetary relief, including attorney’s fees, within three years of discovery of the violation.
This provision of the bill, as currently drafted, is not as clear and straight forward as it could be. As such the author may wish to amend the bill to simply prohibit a person or business from tracking, using, storing, or selling geographic data that contains the personally identifying information of a person physically located in or in close proximity to a family planning center. Additionally, the author may wish to amend the definition of “family planning” center to more closely track the provisions of the bill and specify that it includes a clinic or center that provides reproductive health care services, as defined. The specific amendments can be found below.
8) Proposed amendments
A mock-up of the amendments in context to address the issues set forth in the Comments, above, is attached to this analysis.[16]
9) Statements in support
Equality California writes in support stating:
Following the U.S. Supreme Court decision in Dobbs v. Jackson, the Legislature passed and the Governor signed a package of bills making California a sanctuary state for abortion services and gender-affirming care. In addition, in the November election, California voters enacted a constitutional amendment guaranteeing the right to abortion and contraception.
Meanwhile, a growing number of states have been passing laws putting residents who seek essential gender-affirming care and reproductive health care services at risk of being prosecuted. States are attempting to classify the provision of gender- affirming health care as a crime warranting prison time and are threatening parents with criminal penalties if they attempt to travel to another state in order to secure lifesaving gender-affirming care for their child. While attacks on the transgender community are not new, we are experiencing alarmingly blatant attempts to use legislation, policy, and political rhetoric to restrict or eliminate the autonomy, freedom, and existence of transgender people across the country.
SB 345 will help ensure the availability of such care by providing additional protections to providers who prescribe or dispense medication abortion, provide other reproductive health care services, or provide gender-affirming care.
10) Statements in opposition
The Right to Life League writes in opposition stating:
As currently drafted, SB 345 is unconstitutional on its face, ignoring and even cfrminalizing [sic] the enforcement of valid, out-of-state laws in violation of Article Full Faith and Credit Clause. Its sweeping language evinces a special ‘policy of hostility’ towards other states. It is a blatant attempt to supplant the clear and unambiguous ruling of the Supreme Court in Dobbs which specifically left the matter of abortion regulation to the states.
The Supreme Court has interpreted the full Faith and Credit Clause to require states to open their courts to claims based on other states’ laws under various circumstances. Furthermore, in Franchise Tax Board v. Hyatt (Franchise Tax Board II), the Court explained that the Full Faith and Credit Clause forbids states from applying a special rule of law that evinces a ‘policy of hostility’ towards other states.
SUPPORT
ACCESS Reproductive Justice (sponsor)
Black Women for Wellness Action Project (sponsor)
NARAL Pro-Choice California (sponsor)
Training in Early Abortion for Comprehensive Healthcare (sponsor)
Aria Medical Clinic
Black Women Lawyers Association of Los Angeles, Inc.
Board of Registered Nursing
California Association of Black Lawyers
California Legislative Women's Caucus
California Nurse Midwives Association
Center for Reproductive Rights
Choix Inc.
Conference of California Bar Associations
Health Care Workers
John M. Langston Bar Association
Mya Network
NCJW of Kansas City
Plan C
Reproductive Health Access Project
Senator Shelley B. Mayer, Deputy Majority Leader, 37th District of the State of New York
Tia, Inc.
6 individuals
OPPOSITION
Frederick Douglass Foundation of California
Right to Life League
1 individual
RELATED LEGISLATION
Pending Legislation:
SB 36 (Skinner, 2023) prohibits the issuance of warrants for those whose offense pursuant to the laws of another state is related to abortion, contraception, reproductive care, and gender-affirming care legally protected in California. This bill is currently pending in the Senate Appropriations Committee.
AB 1707 (Pacheco, 2023) prohibits a healing arts board under the Department of Consumer Affairs from denying an application for a license or imposing discipline upon a licensee on the basis of a civil judgment, criminal conviction, or disciplinary action in another state that is based on the application of another state’s law that interferes with a person’s right to receive sensitive services, as defined. This bill is currently pending in the Assembly Appropriations Committee.
Prior Legislation:
SR 9 (Skinner, Stats. 2023) urges the President of the United States and the United States Congress to enact federal legislation that guarantees the right to reproductive freedom, including abortion and contraception.
SB 107 (Wiener, Ch. 810, Stats. 2022) enacted various safeguards against the enforcement of other states’ laws that purport to penalize individuals from obtaining gender-affirming care that is legal in California.
AB 1666 (Bauer-Kahan, Ch. 42, Stats. 2022) prohibited the enforcement in this state of out-of-state laws authorizing a civil action against a person or entity that receives or seeks, performs or induces, or aids or abets the performance of an abortion, or who attempts or intends to engage in those actions and declares those out-of-state laws to be contrary to the public policy of this state.
AB 2091 (Mia Bonta, Ch. 628, Stats. 2022), among other things, prohibited compelling a person to identify or provide information that would identify an individual who has sought or obtained an abortion in a state, county, city, or other local criminal, administrative, legislative, or other proceeding if the information is being requested based on another state’s laws that interfere with a person’s right to choose or obtain an abortion or a foreign penal civil action.
AB 2223 (Wicks, Ch. 629, Stats. 2022), among other things, authorized a party aggrieved by a violation of the Reproductive Privacy Act to bring a civil action against an offending state actor, as specified, and provides that every individual possesses a fundamental right of privacy with respect to personal reproductive decisions, which entails the right to make and effectuate decisions about all matters relating to pregnancy, including prenatal care, childbirth, postpartum care, contraception, sterilization, abortion care, miscarriage management, and infertility care.
PRIOR VOTES:
Senate Committee on Public Safety (4 Ayes, 0 Noes)
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mock-up of propsed amendments to Sec. 3 and Sec. 4 of the bill
SEC. 3. Title 1.81.49 (commencing with Section 1798.99.90) is added to Part 4 of Division 3 of the Civil Code, to read:
TITLE 1.81.49. Family Planning Center Location Data
1798.99.90. (a) A business that tracks, uses, collects, or stores geographic location data person or business shall not track, use, store, or sell geographic data that contains the personally identifying information of a person physically located in or in close proximity to a family planning center.
(b) For purposes of this section, “family planning center” means a business categorized as a family planning center by the North American Industry Classification System adopted by the United States Census Bureau, including, but not limited to, an abortion clinic, birth control clinic, pregnancy counseling center, or reproductive health services center. a clinic or center that provides reproductive health care services, as defined pursuant to Section 1798.300 of the Civil Code.
(c) An aggrieved person or entity, including a family planning center, may institute and prosecute a civil action against any person or business who violates this section for injunctive and monetary relief and attorney’s fees within three years of discovery of the violation.
SEC. 4. Title 1.81.7 (commencing with Section 1798.300) is added to Part 4 of Division 3 of the Civil Code, to read:
TITLE 1.81.7. Reproductive and Gender-Affirming Health Care Services
1798.300. As used in this title, the following definitions apply:
(a) “Abusive litigation” means litigation or other legal action to deter, prevent, sanction, or punish a person engaging in legally protected health care activity by either of the following:
(1) Filing or prosecuting an action in a state other than California where liability, in whole or part, directly or indirectly, is based on a legally protected health care activity that was legal in the state in which it occurred, including an action in which liability is based on a theory of vicarious, joint, or several liability.
(2) Attempting to enforce an order or judgment issued in connection with an action described in paragraph (1) by a party to the that action or a person acting on behalf of a party to the that action. A lawsuit An action shall be considered to be based on conduct that was legal in the state in which it occurred if a part of an act or omission involved in the course of conduct that forms the basis for liability in the lawsuit action occurs or is initiated in a state in which the health care was legal, whether or not the act or omission is alleged or included in a pleading or other filing in the lawsuit.
(b) “Aggrieved person, provider, or other entity” includes, but is not limited to, a person who resides in California, a business or entity doing business in the state or located in the state, a person or entity that provided a legally protected health care activity in California, a person who received a legally protected health care activity from a provider licensed in California, a person or entity that is licensed in California to provide a legally protected health care activity, including a provider, clinic, or insurance company, or a person who assisted a person or entity that received or provided a legally protected health care activity in California.
(b) (c) “Gender-affirming health care services” and “gender-affirming mental health care services” have the same meaning as defined in paragraph (3) of subdivision (b) of Section 16010.2 of the Welfare and Institutions Code.
(c) (d)(1) “Legally protected health care activity” means any of the following:
(A) The exercise and enjoyment, or attempted exercise and enjoyment, by a person of rights to reproductive health care services, gender-affirming health care services, or gender-affirming mental health care services secured by the Constitution or laws of California or the provision of insurance coverage for such services.
(B) An act or omission undertaken to aid or encourage, or attempt to aid or encourage, a person in the exercise and enjoyment or attempted exercise and enjoyment of rights to reproductive health care services, gender-affirming health care services, or gender-affirming mental health care services secured by the Constitution or laws of California.
(C) The provision of the health care services reproductive health care services, gender-affirming health care services, or gender-affirming mental health care services by a person duly licensed under the laws of California and the provision of insurance coverage for the such services, if the service is permitted under the laws of California, regardless of the patient’s location.
(2) “Legally protected health care activity” does not include a service rendered below the applicable professional standard of care or that would violate antidiscrimination laws of California.
(d) (e)“Reproductive health care services” means and includes all services, care, or products of a medical, surgical, psychiatric, therapeutic, diagnostic, mental health, behavioral health, preventative, rehabilitative, supportive, consultative, referral, prescribing, or dispensing nature relating to the human reproductive system provided in accordance with the constitution and laws of this state, whether provided in person or by means of telehealth services which includes, but is not limited to, all services, care, and products relating to pregnancy, assisted reproduction, contraception, miscarriage management, the termination of a pregnancy, or self-managed terminations.
1798.301. Access to reproductive Reproductive health care services and gender-affirming health care services is a right secured by the Constitution and laws of California. Interference with this right, whether or not under the color of law, is against the public policy of California.
1798.302. A public act or record of a foreign jurisdiction that prohibits, criminalizes, sanctions, authorizes a person to bring a civil action against, or otherwise interferes with a person, provider, or other entity in California that seeks, receives, causes, aids in access to, aids, abets, provides, or attempts or intends to seek, receive, cause, aid in access to, aid, abet, or provide, reproductive health care services or services, gender-affirming health care services, or gender-affirming health care services shall be an interference with the exercise and enjoyment of the rights secured by the Constitution and laws of California and shall be a violation of the public policy of California.
1798.303. If a person, including a plaintiff, prosecutor, attorney, or law firm, person whether or not acting under color of law, engages or attempts to engage in abusive litigation that infringes on or interferes with, or attempts to infringe on or interfere with, a legally protected health care activity, then an aggrieved person, provider, carrier, or other entity, including a defendant in the abusive litigation, may institute and prosecute a civil action for injunctive, monetary, or other appropriate relief within three years after the cause of action accrues.
1798.304. An aggrieved person, provider, or other entity, including a defendant in abusive litigation, may move to modify or quash a subpoena issued in connection with abusive litigation on the grounds that the subpoena is unreasonable, oppressive, or inconsistent with the public policy of California.
1798.305. If the court finds for the petitioner in an action authorized by Section 1798.303, recovery shall be in the amount of three times the amount of actual damages, which shall include damages for the amount of a judgment issued in connection with an abusive litigation, and any other expenses, costs, or reasonable attorney’s fees incurred in connection with the abusive litigation.
1798.306. (a) A court may exercise jurisdiction over a person in an action authorized by Section 1798.303 if any of the following apply:
(1) Personal jurisdiction is found under Section 410.10 of the Code of Civil Procedure.
(2) The person has commenced an action in a court in California and, during the pendency of that action or an appeal therefrom, a summons and complaint is served on the person or the attorney appearing on the person’s behalf in that action or as otherwise permitted by law.
(3) The exercise of jurisdiction is permitted under the Constitution of the United States.
(b) This section does not apply to a lawsuit or judgment entered in another state that is based on conduct for which a cause of action exists under the laws of California, including a contract, tort, common law, or statutory claims.
1798.307. Notwithstanding any other law, the laws of California shall govern in a case or controversy heard in California related to reproductive health care services or services, gender-affirming health services, or gender-affirming health care services, except as may be required by federal law.
1798.308. This title shall not be construed to provide jurisdiction over a California resident in an out-of-state forum when the California resident has not availed themselves of that forum.
Dobbs v. Jackson Women’s Health (2022) 597 U.S. _ (142 S. Ct. 2228) at p. 5, available at https://www.supremecourt.gov/opinions/21pdf/19-1392_6j37.pdf. ↑
Id. at 77. ↑
See Whole Woman's Health v. Jackson (2021) 142 S. Ct. 522, at 543 (conc. opn. Roberts, C.J., Breyer, Sotomayor, & Kagan) that states Texas has passed a law that is contrary to Roe and Casey because it has “the effect of denying the exercise of what we have held is a right protected under the Federal Constitution” and was “designed to shield its unconstitutional law from judicial review.” (footnote omitted). ↑
Whole Woman's Health v. Jackson (2021) 142 S. Ct. 522, 530. ↑
See Whole Woman's Health v. Jackson (2021) 141 S. Ct. 2494, at 24998 (dis. opn. Sotomayor, Breyer, & Kagan). ↑
Christine Vestal, Some Abortion Bans Put Patients, Doctors at Risk in Emergencies, Pew Trusts (Sept. 1, 2022), available at https://www.pewtrusts.org/en/research-and-analysis/blogs/stateline/2022/09/01/some-abortion-bans-put-patients-doctors-at-risk-in-emergencies. ↑
California Proclamation on Reproductive Freedom (May 31, 2019) available at https://www.gov.ca.gov/wp-content/uploads/2019/05/Proclamation-on-Reproductive-Freedom.pdf. ↑
Kristen Hwang, Newsom signs abortion protections into law, CalMatters (Sept. 27, 2022), available at https://calmatters.org/health/2022/09/california-abortion-bills/. ↑
Human Rights Watch, Press Release, ICYMI: As Lawmakers Escalate Attacks on Transgender Youth Across the Country, Some GOP Leaders Stand Up for Transgender Youth (Mar. 24, 2022), https://www.hrc.org/press-releases/icymi-as-lawmakers-escalate-attacks-on-transgender-youth-across-the-country-some-gop-leaders-stand-up-for-transgender-youth (all links current as of August 29, 2022). ↑
See Al. Code, § 26-26-4. ↑
Ark. Stats. §§ 20-9-1502 & 20-9-1504. ↑
Governor’s singing statement on Sen. Bill 107 (2021-22 Reg. Sess.), available at https://www.gov.ca.gov/wp-content/uploads/2022/09/SB-107-SIGNING.pdf?emrc=1a80c5. ↑
Redpath, Between Judgment and Law: Full Faith and Credit, Public Policy, and State Records (2013) 62 Emory L.J. 639. ↑
Baker v. GMC (1998) 522 U.S. 222, 232-33 (internal citations omitted). ↑
Asm. Judiciary Comm. Analysis of Asm. Bill 1666 (2021-2022 Reg. Sess.) as amended March 24, 2022, pp. 8-9. ↑
The amendments may also include technical, nonsubstantive changes recommended by the Office of Legislative Counsel as well as the addition of co-authors. ↑
SENATE COMMITTEE ON PUBLIC SAFETY
Senator Aisha Wahab, Chair
2023 - 2024 Regular
Bill No: SB 345 Hearing Date: April 18, 2023
Author: | Skinner | ||
Version: | April 10, 2023 | ||
Urgency: | No | Fiscal: | Yes |
Consultant: | SC | ||
Subject: Health care services: legally protected health care activities
HISTORY
Source: ACCESS Reproductive Justice
Black Women for Wellness Action Project
NARAL Pro-Choice California
Training in Early Abortion for Comprehensive Healthcare (TEACH)
Prior Legislation: Proposition 1, approved by California voters on Nov. 8, 2022
SB 107 (Wiener), Ch. 810, Stats. 2022
AB 1242 (Bauer-Kahan), Ch. 627, Stats. 2022
AB 1666 (Bauer-Kahan), Ch. 42, Stats. 2022
AB 2091 (Bonta), Ch. 628, Stats. 2022
AB 2223 (Wicks), Ch. 629, Stats. 2022
Support: Aria Medical; California Public Defenders Association; California Women’s Law Center; Choix Inc.; Conference of California Bar Associations; Equality California; Essential Health Access Los Angeles; Feminist Majority; Gender Spectrum; Houston Women’s Reproductive Services; Kopcho Reproductive Justice Fund; MYAbortion Network; National Council of Jewish Women Kansas City; Oakland Privacy; Plan C; Tia, Inc.; University of California, San Francisco; USC Institute on Global Inequities; 1 private individual
Opposition: California Catholic Conference; Frederick Douglass Foundation of California
PURPOSE
The purpose of this bill is to protect patients and health care providers who provide patients with a legally protected health care activity, as defined, by:
(1) Prohibiting the suspension or revocation of the license of a person solely because the person provided legally protected health care activity;
(2) Stating that California law governs in specified actions related to reproductive or gender-affirming health care services, except as required by federal law;
(3) Authorizing a person to file a civil action against a person who engages in abusive litigation, as defined, that infringes on or interferes with a legally protected health care activity;
(4) Requiring a court to grant a stay of enforcement of a sister state judgment if a money judgment or lien on real property was obtained for the exercise of a right guaranteed by the United States Constitution at the time the right was exercised, a right guaranteed by the California Constitution, or for aiding and abetting the exercise of those rights;
(5) Prohibiting the Governor from recognizing a demand for the extradition of a person charged with legally protected health care activity, as defined, unless the demanding state alleges that the person was physically present in the demanding state at the time of the commission of the alleged crime and then fled, except as required by federal law; and,
(6) Requiring any out-of-state subpoena to include an affidavit or declaration under penalty of perjury that the discovery request is not in connection with an out-of-state proceeding relating to a legally protected health care activity, except as specified.
Existing law establishes the Reproductive Privacy Act which provides that the Legislature finds and declares that every individual possesses a fundamental right of privacy with respect to personal reproductive decisions, which entails the right to make and effectuate decisions about all matters relating to pregnancy, including prenatal care, childbirth, postpartum care, contraception, sterilization, abortion care, miscarriage management, and infertility care. Accordingly, it is the public policy of the State of California that:
- Every individual has the fundamental right to choose or refuse birth control;
- Every individual has the fundamental right to choose to bear a child or to choose to obtain an abortion, with specified limited exceptions; and,
- The state shall not deny or interfere with a person’s fundamental right to choose to bear a child or to choose to obtain an abortion, except as specifically permitted. (Health & Saf. Code, § 123462.)
Existing law provides that the state may not deny or interfere with a person’s right to choose or obtain an abortion prior to viability of the fetus or when the abortion is necessary to protect the life or health of the person. (Health & Safe. Code § 123466, subd. (a).)
This bill states that California law governs in any action, whether civil, administrative, or criminal, against any person who provides, receives, aids or abets in providing or receiving, or attempts to provide or receive, by any means, including telehealth, reproductive health care services and gender-affirming health care services, including gender-affirming mental health care services if the care was legal in the state in which it was provided at the time of the challenged conduct.
This bill declares that access to reproductive health care services and gender-affirming health care services is a right secured by the Constitution and laws of California and that interference with this right, whether or not under the color of law, is against the public policy of California.
This bill provides that it is abusive litigation to litigate or take other legal action to deter, prevent, sanction, or punish a person engaging in legally protected health care activity by either of the following:
- Filing or prosecuting an action in a state other than California where liability, in whole or part, directly or indirectly, is based on a legally protected health care activity that was legal in the state in which it occurred, including an action in which liability is based on a theory of vicarious, joint, or several liability; or,
- Attempting to enforce an order or judgment issued in connection with an action described in the paragraph above by a party to the action or a person acting on behalf of a party to the action. A lawsuit shall be considered to be based on conduct that was legal in the state in which it occurred if a part of an act or omission involved in the course of conduct that forms the basis for liability in the lawsuit occurs or is initiated in a state in which the health care was legal, whether or not the act or omission is alleged or included in a pleading or other filing in the lawsuit.
This bill defines “legally protected health care activity” to mean any of the following:
- The exercise and enjoyment, or attempted exercise and enjoyment, by a person of rights to reproductive health care services, gender-affirming health care services, or gender-affirming mental health care services secured by the Constitution or laws of California or the provision of insurance coverage for such services;
- An act or omission undertaken to aid or encourage, or attempt to aid or encourage, a person in the exercise and enjoyment or attempted exercise and enjoyment of rights to reproductive health care services, gender-affirming health care services, or gender-affirming mental health care services secured by the Constitution or laws of California; or,
- The provision of the health care services by a person duly licensed under the laws of California and the provision of insurance coverage for the services, if the service is permitted under the laws of California, regardless of the patient’s location.
This bill specifies that “legally protected health care activity” does not include a service rendered below the applicable professional standard of care or that would violate antidiscrimination laws of California.
This bill states that “reproductive health care services” means and includes all services, care, or products of a medical, surgical, psychiatric, therapeutic, diagnostic, mental health, behavioral health, preventative, rehabilitative, supportive, consultative, referral, prescribing, or dispensing nature relating to the human reproductive system provided in accordance with the constitution and laws of this state, whether provided in person or by means of telehealth services which includes, but is not limited to, all services, care, and products relating to pregnancy, assisted reproduction, contraception, miscarriage management, the termination of a pregnancy, or self-managed terminations.
This bill states that a public act or record of a foreign jurisdiction that prohibits, criminalizes, sanctions, authorizes a person to bring a civil action against, or otherwise interferes with a person, provider, or other entity in California that seeks, receives, causes, aids in access to, aids, abets, provides, or attempts or intends to seek, receive, cause, aid in access to, aid, abet, or provide, reproductive health care services or gender-affirming health care services shall be an interference with the exercise and enjoyment of the rights secured by the Constitution and laws of California and shall be a violation of the public policy of California.
This bill states that if a person, including a plaintiff, prosecutor, attorney, or law firm, whether or not acting under color of law, engages or attempts to engage in abusive litigation that infringes on or interferes with, or attempts to infringe on or interfere with, a legally protected health care activity, then an aggrieved person, provider, carrier, or other entity, including a defendant in the abusive litigation, may institute and prosecute a civil action for injunctive, monetary, or other appropriate relief within three years after the cause of action accrues.
This bill states that an aggrieved person, provider, or other entity, including a defendant in abusive litigation, may move to modify or quash a subpoena issued in connection with abusive litigation on the grounds that the subpoena is unreasonable, oppressive, or inconsistent with the public policy of California.
This bill provides that if the court finds for the petitioner in a civil action for abusive litigation that infringes on or interferes with, or attempts to infringe on or interfere with, a legally protected health care activity, recovery shall be in the amount of three times the amount of actual damages, which shall include damages for the amount of a judgment issued in connection with an abusive litigation, and any other expenses, costs, or reasonable attorney’s fees incurred in connection with the abusive litigation.
This bill authorizes a court to exercise jurisdiction over a person in a civil action for abusive litigation that infringes on or interferes with, or attempts to infringe on or interfere with, a legally protected health care activity if any of the following apply:
- Personal jurisdiction is found;
- The person has commenced an action in a court in California and, during the pendency of that action or an appeal therefrom, a summons and complaint is served on the person or the attorney appearing on the person’s behalf in that action or as otherwise permitted by law; or,
- The exercise of jurisdiction is permitted under the Constitution of the United States.
This bill specifies that the above provision does not apply to a lawsuit or judgment entered in another state that is based on conduct for which a cause of action exists under the laws of California, including a contract, tort, common law, or statutory claims.
This bill states that notwithstanding any other law, the laws of California shall govern in a case or controversy heard in California related to reproductive health care services or gender-affirming health care services, except as may be required by federal law.
This bill specifies that its provisions shall not be construed to provide jurisdiction over a California resident in an out-of-state forum when the California resident has not availed themselves of that forum.
Existing law requires a court to grant a stay of enforcement of a judgment based on a sister state judgment by filing an application with a superior court and requires the court clerk to enter a judgment based on the application under specified circumstances. (Code Civ. Pro., § 1710.50.)
This bill additionally requires a court to grant a stay of enforcement when a money judgment or lien on real property was obtained against a person or entity for exercising a right guaranteed under the United States Constitution as interpreted by the United States Supreme Court precedent at the time the right was exercised, or a right guaranteed under the California Constitution, or against a person or entity for aiding and abetting the exercise of said rights.
Existing law states that a person shall not be compelled in a state, county, city, or other local criminal, administrative, legislative, or other proceeding to identify or provide information that would identify or that is related to an individual who has sought or obtained an abortion if the information is being requested based on either another state’s laws that interfere with a person’s rights or a foreign penal civil action. (Health & Saf. Code, §123466, subd. (b).)
Existing law prohibits, under the Confidentiality of Medical Information Act (CMIA), providers of health care, health care service plans, or contractors, as defined, from sharing medical information without the patient’s written authorization, subject to certain exceptions. (Civ. Code § 56 et seq.)
This bill prohibits a business that tracks, uses, collects, or stores geographic location data from tracking, using, storing, or selling data that contains the personally identifying information of a person physically located in or in close proximity to a family planning center.
This bill defines “family planning center” to mean “a business categorized as a family planning center by the North American Industry Classification System adopted by the United States Census Bureau, including, but not limited to, an abortion clinic, birth control clinic, pregnancy counseling center, or reproductive health services center.”
This bill authorizes an aggrieved person or entity, including a family planning center, may institute and prosecute a civil action against any person or business who violates this prohibition for injunctive and monetary relief and attorney’s fees within three years of discovery of the violation.
Existing law states that the purpose of the Department of Consumer Affairs is ensuring that those private businesses and professions deemed to engage in activities which have potential impact upon the public health, safety, and welfare are adequately regulated in order to protect the people of California. (Bus. & Prof. Code,§ 101.6.)
Existing law provides for the licensure and regulation of various categories of medical professionals by boards within the Department of Consumer Affairs, including, among others, the Medical Board of California and the Dental Board of California. (Bus. & Prof. Code, § 101.)
This bill states that notwithstanding any other law, a board shall not suspend or revoke the license of a person solely because that person provided a legally protected health care activity, as defined.
This bill provides that performance, recommendation, or provision of a legally protected health care activity by a health care practitioner acting within their scope of practice for a patient who resides in a state in which the performance, recommendation, or provision of that legally protected health care activity is illegal, does not, by itself, constitute professional misconduct, upon which discipline or other penalty may be taken.
Existing law defines murder as the unlawful killing of a human being, or a fetus, with malice aforethought. (Pen. Code, § 187.)
Existing law exempts from the definition of murder a person who commits an act that results in the death of a fetus if any of the following apply:
- The act complied with the Therapeutic Abortion Act;
- The act was committed by a holder of a physician’s and surgeon’s certificate in a case where, to a medical certainty, the result of childbirth would be death of the mother of the fetus or where her death from childbirth, although not medically certain, would be substantially certain or more likely than not.
- If the act is solicited, aided, abetted, or consented to by the mother of the fetus.
This bill expands that exemption to include a mother who committed the act that resulted in the death of the fetus and makes other technical changes.
Existing law states that it is the duty of the Governor of this State to have arrested and delivered up to the executive authority of any other State any person charged in that state with treason, felony or other crime, who has fled from justice and is found in this State. (Pen. Code, § 1548.1.)
Existing law states that no demand for the extradition of a person charged with a crime in another state shall be recognized by the Governor unless it meets specified requirements including that the demand is in writing alleging that the accused was present in the demanding state at the time of the commission of the alleged crime, and that thereafter the person fled from that state. (Pen. Code, § 1548.2.)
Existing law provides that the Governor may also surrender, on demand of the executive authority of another state any person in this state with committing an act in this state, or in a third state, that results in a crime in the demanding state though the accused was not in the demanding state at the time of the commission of the crime, and has not fled therefrom. (Pen. Code, § 1549.1.)
This bill states that notwithstanding any law, and except as required by federal law, a demand for the extradition of a person charged with any legally protected health care activity shall not be recognized by the Governor unless in accordance with Penal Code section 1548.2 including the requirement that the accused was present in the demanding state at the time of the commission of the alleged crime, and that thereafter the person fled from that state.
This bill replaces the term “unborn children” and “unborn person” to “fetus” in various provisions including, among others, defining low-risk pregnancy conditions for determining the scope of authorization of a certificate to practice nurse-midwifery, defining active labor for health facility licensing provisions, and defining spouse for California State Teachers’ Retirement System benefits.
This bill replaces the term “unborn person” to “unborn beneficiary” in various sections of the Probate Code.
This bill contains a severability clause so that if any provision of this bill 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.
COMMENTS
- Need for This Bill
According to the author of this bill:
Since Roe was overturned last year, California has significantly strengthened and expanded access to reproductive health care and abortion services including legal protections to patients and providers and offered assistance and protection to patients who come to California. We have also protected and affirmed the right to gender-affirming care. But as the assault on essential healthcare accelerates, new challenges are emerging especially to health care providers who are extending a lifeline to their patients who may be in a state where medically safe and effective treatments are now illegal. SB 345 is needed to ensure that California healthcare practitioners are able to provide essential reproductive and gender affirming care to all of their patients, regardless of their patient’s location, knowing that California is doing everything it can to protect them against the draconian laws of other states.
- Reproductive Rights in California
Roe v. Wade, (1973) 410 U.S. 113 (overruled by Dobbs v. Jackson Women’s Health (2022) 142 S. Ct. 2228), was the landmark U.S. Supreme Court decision that held that the implied constitutional right to privacy extends to a person’s decision whether to terminate a pregnancy. Specifically, the Court found for the first time that the constitutional right to privacy is “broad enough to encompass a woman’s decision whether or not to terminate her pregnancy.” Roe had been one of the most debated Supreme Court decisions, and its application and validity continued to be challenged time and again. For example, in Planned Parenthood of Southeastern Pennsylvania v. Casey (1992) 505 U.S. 833, the Court reaffirmed the basic holding of Roe, yet also permitted states to impose restrictions on abortion as long as those restrictions do not create an undue burden on a person’s right to choose to terminate a pregnancy.
Last year, in Dobbs v. Jackson Women’s Health, supra, the U.S. Supreme Court overturned Roe v. Wade holding that, contrary to 50 years of precedent, there is no fundamental constitutional right to have an abortion. (Dobbs, 142 S. Ct. at 2242.) The majority opinion further provided that states should be allowed to decide how to regulate abortion and that a strong presumption of validity should be afforded to those state laws. (Id. at 2283-2284.)
In California, before Roe v. Wade was decided by the U.S. Supreme Court, the California Supreme Court held in 1969 that the state constitution’s express right to privacy extends to an individual’s decision about whether or not to have an abortion. (People v. Belous (1969) 71 Cal.2d 954.) Existing California statutory law provides, under the Reproductive Privacy Act, that the Legislature finds and declares every individual possesses a fundamental right of privacy with respect to personal reproductive decisions; therefore, it is the public policy of the State of California that every individual has the fundamental right to choose or refuse birth control and the right to choose to bear a child or to choose to obtain an abortion. (Health & Safe. Code § 123462, subds. (a)-(b).) The Act further provides that it is the public policy of the state that the state shall not deny or interfere with a person’s fundamental right to choose or obtain an abortion prior to viability of the fetus or when the abortion is necessary to protect the life or health of the pregnant person. (Health & Saf. Code, § 123466.)
In the 2022 general election, California voters approved Proposition 1 to amend the state constitution to guarantee the right to abortion and contraception. This ballot measure was approved by 66.9 percent of voters. (Secretary of State, November 8, 2022 General Election State Ballot Measures by County <https://elections.cdn.sos.ca.gov/sov/2022-general/sov/props.pdf> [as of Apr. 11, 2023].)
Last year, several bills were enacted to further protect reproductive rights in California. AB 1242 (Bauer-Kahan), Chapter 627, Statutes of 2022, protects reproductive digital information handled by companies incorporated or headquartered in California and prevents the arrest of individuals or the disclosure by law enforcement of information in an investigation related to any abortion that is legal in California. AB 1666 (Bauer-Kahan), Chapter 42, Statutes of 2022, declares that a law of another state that authorizes a person to bring a civil action against a person or entity that receives or seeks, performs or induces, or aids or abets the performance of an abortion, or who attempts or intends to engage in those actions, is contrary to the public policy of this state. AB 2091 (Bonta), Chapter 628, Statutes of 2022, prohibits a provider of health care, health care service plan, or contractor from releasing medical information related to an individual seeking or obtaining an abortion in response to a subpoena or request if that subpoena or request is based on either another state's laws that interfere with a person's rights set forth in the Reproductive Privacy Act and prohibits the issuance of a subpoena, from the Superior Court or an attorney licensed in California, based on a civil action authorized by the law of a state other than this state in which the sole purpose is to punish an offense against the public justice of that state. AB 2223 (Wicks), Chapter 629, Statutes of 2022 prohibits a person from being criminally or civilly liable for miscarriage, stillbirth, abortion, or perinatal death due to causes that occurred in utero.
This bill makes additional changes to civil and criminal laws to protect patients and health care providers who provide patients with a legally protected health care activity. According to the background information provided by the author of this bill, “approximately 53% of abortions are done through medication rather than surgery, and 64% of abortions before the 10th week of gestation are done through medication rather than surgery. Medication abortion ends a pregnancy in its early stages. The medications are generally administered up to 10 weeks into a pregnancy, using a safe and effective two-drug protocol, mifepristone and misoprostol. The first drug, mifepristone, also known as "Mifeprex" or "RU-486," blocks the action of the natural hormone progesterone on the uterus. This causes the lining of the uterus to shed, as it does during a period, and stops the growth of the pregnancy. This medication can be administered in the clinic, mailed to a patient’s location, or sent home with a patient. The second drug, misoprostol, causes the uterus to contract and initiates bleeding and cramping, Misoprostol is taken by the patient 6 to 72 hours after taking the first medication, mifepristone. Misoprostol completes the abortion.”
Because medication abortion necessarily involves a time lapse between when the patient interacts with the medical professional to receive the pills and two phases of medication, it is possible for people who travel to California to receive such services that they may be in another state over the course of the treatment, potentially opening them up for criminal prosecution or civil liability in that state.
This bill would address the issue raised by medication abortion by specifically allowing medical providers to provide abortion medication that is legal in California to a patient regardless of where the patient is located. This bill would also prohibit the sharing of information that is sought through subpoenas or a warrant for an out-of-state prosecution or law suit when the information is related to the legally protected health care in California. This bill would also prohibit the suspension or revocation of a person solely because the person provided legally protected health care activity.
This bill also allows medical providers and individuals to bring suit in California against anyone who interferes with the healthcare provider’s right to provide care that is legal in California or with a patient’s right to receive such care.
- Gender-Affirming Health Care Protections in California
Last year, in response to a series of laws and executive orders adopted in other states that impose civil and/or criminal liability on transgender youth, their parents and medical providers who assist them in obtaining gender-affirming care, California enacted protections for such individuals obtaining care in this state. The new law, among other things, prohibits the sharing of medical records regarding the receipt of gender-affirming care; the enforcement of out-of-state subpoenas seeking information regarding the receipt of gender-affirming medical care in California; and the enforcement of laws of another state that authorize the removal of a child from their parent or guardian and enforcement of out-of-state criminal laws related to gender-affirming health care. (SB 107 (Wiener), Chapter 810, Statutes of 2022.)
Similar to the issue raised by medication abortion, gender-affirming health care can entail a regimen of hormones and treatment that is legal in California, however patients who take these hormones out of state may subject themselves or their medical provider to another state’s laws banning such care. This bill would allow medical providers to provide gender-affirming health care to a patient regardless of where the patient is located. This bill would also prohibit the sharing of information that is sought through subpoenas or a warrant for an out-of-state prosecution or law suit when the information is related to the legally protected health care in California.
This bill also allows medical providers and individuals to bring suit in California against anyone who interferes with the healthcare provider’s right to provide care that is legal in California or with a patient’s right to receive such care.
- Full Faith and Credit Clause
Generally, the laws of the state regulate conduct that occurs within that state. However, situations may arise where more than one state’s laws may apply such as collection of previously-owed income taxes or child support obligations from another state. Or one state has jurisdiction to criminally prosecute an offense because someone has fled the state or committed part of the crime in the prosecuting state. Under the United States Constitution, states are required to provide full faith and credit to “to the public acts, records, and judicial proceedings of every other state. (U.S. Const. art. IV, sec. 1.)”
The Full Faith and Credit Clause may be implicated when there is a conflict between the laws of the different states. At least one court has held that any effort by a state to apply its criminal laws beyond its state borders to criminalize activity that is otherwise lawful in the other state. (Bigelow v. Virginia (1975) 421 U.S. 809.) However, the Supreme Court has also held that even when criminal conduct takes place outside of the state, extraterritorial jurisdiction may be proper when the conduct was intended to produce or did produce harmful effects within the state. (Strassheim v. Daily (1911) 221 U.S. 280.)
The Supreme Court has also made a distinction between the strength of the Full Faith and Credit Clause’s applications to judgements versus state law. “The Full Faith and Credit Clause does not compel ‘a state to substitute the statutes of other states for its own statutes dealing with a subject matter concerning which it is competent to legislate. Regarding judgments, however, the full faith and credit obligation is exacting. A final judgment in one State, if rendered by a court with adjudicatory authority over the subject matter and persons governed by the judgment, qualifies for recognition throughout the land.’” (Baker v. General Motors Co., supra, 522 U.S. at 232-233.) This concept is often referred to as the “public policy exception” meaning statutes in on states is given effect only if they do not contravene the public policy of the other state.
By refusing to recognize the laws of another state, this bill appears to implicate the Full Faith and Credit Clause. California has declared that such laws that criminalize abortion, contraceptives and gender-affirming health care are against the public policy of this state and shall not be enforced in a court in this state. This bill further declares that access to reproductive health care services and gender-affirming health care services is a right secured by the Constitution and laws of California and that interference with this right, whether or not under the color of law, is against the public policy of California. Thus, a challenge based on a violation of the Full Faith and Credit Clause would likely be met with a response that the public policy exception applies. Whether such exception applies is ultimately up to the courts.
- Extradition Process
Extradition refers to the legal process of returning fugitives from justice back to the state in which they allegedly committed a crime or violated the terms of their bail, probation, or parole.
Extradition between states is guaranteed by the Extradition Clause of the United States Constitution, which provides, “A Person charged in any State with Treason, Felony, or other Crime, who shall flee from Justice, and be found in another State, shall on Demand of the executive Authority of the State from which he fled, be delivered up, to be removed to the State having Jurisdiction of the Crime.” (U.S. Const. art. IV, § 2, cl. 2.) The Extradition Clause has been implemented by 18 USC § 3182. The Extradition Clause in the Constitution is limited, as it refers only to persons “who shall flee from justice” and requires surrender to the state from which they “fled.” So, it covers only persons who committed a crime in one state and then flee from there. (In re Morgan (1948) 86 Cal.App.2d 217, 223.)
“The federal constitutional and statutory provisions are not exclusive and the state are free to cooperate with one another by extending interstate rendition beyond that required by federal law.” (In re Cooper (1960) 53 Cal.2d 772, 775.) Besides the Extradition Clause of the United States Constitution, most states, including California, are also bound by the Uniform Criminal Extradition Act (UCEA), which goes beyond the Constitution and its implementing statute. The UCEA is enforceable within any state that adopts it, whether or not the demanding state has a similar statute. (In re Morgan, supra, 86 Cal.App.2d at p. 224.)
Under the UCEA, the Governor of the state has the duty to have arrested and delivered to the executive authority of any other state a person charged in that state with a crime, who has fled from justice and is found in this State. (Pen. Code, § 1548.1.) Any person, who while present in the demanding state, commits a crime there and is subsequently found in another state, is a “fugitive from justice” and subject to extradition. (Pen. Code, § 1548.1.)
The UCEA provides the manner in which an extradition request must be made: “No demand for the extradition of a person charged with crime in another State shall be recognized by the Governor unless it is in writing alleging that the accused was present in the demanding State at the time of the commission of the alleged crime, and that thereafter he fled from that State. Such demand shall be accompanied by a copy of an indictment found or by information or by a copy of an affidavit made before a magistrate in the demanding State together with a copy of any warrant which was issued thereon; or such demand shall be accompanied by a copy of a judgment of conviction or of a sentence imposed in execution thereof, together with a statement by the executive authority of the demanding State that the person claimed has escaped from confinement or has violated the terms of his bail, probation or parole. The indictment, information, or affidavit made before the magistrate must substantially charge the person demanded with having committed a crime under the law of that State; and the copy of indictment, information, affidavit, judgment of conviction or sentence must be certified as authentic by the executive authority making the demand.” (Pen. Code, § 1548.2.) However, under the UCEA, the Governor also has discretion to extradite a person who someone who commits an act in California (or another state besides the demanding state) that intentionally results in a crime in the demanding state even if the accused was not in the demanding state at the time of the commission of the crime, and has not fled therefrom. (Pen. Code, § 1549.1.)
This bill states that notwithstanding Penal Code section 1549.1 or any other law, except as required by federal law, a demand for the extradition of a person charged with legally protected health care activity shall not be recognized by the Governor unless it is alleged in writing that the accused was present in the demanding state at the time of the commission of the offense and that the accused thereafter fled from that state. The intent of this provision is to protect against extradition requests from another state criminalizing an act committed by a health care provider or an individual receiving care in California that results in a crime in that state.
- Abortion Exemption in Murder Definition
Under existing law, murder is the unlawful killing of a human being, or a fetus, with malice aforethought but specifically provides that it does not apply “to any person who commits an act that results in the death of a fetus if…the act is solicited, aided, abetted, or consented to by the mother of the fetus.” (Pen. Code § 187(a) & (b)(3).)
This bill expands the abortion exemption within the definition of murder to include when the mother of the fetus commits the act that results in the death of the fetus. This change would clarify that self-managed abortion is not murder.
- Double-Referral
This bill is double-referred with the Committee on Judiciary where the bill will be heard next. The Committee on Judiciary will analyze the bill’s implications on civil law and privacy matters.
- Argument in Support
According to Oakland Privacy:
This bill would provide extra assurances for California providers of essential healthcare services with protections against the jeopardization of their license, extradition and prosecution. Other states are also enacting or in process of enacting laws to protect providers of reproductive and other sensitive health services. Massachusetts passed a law last year to provide protections to healthcare workers who provide abortion services to out of state patients. New York has also introduced a bill this year to extend protections to providers who provide telemedicine abortion services to out of state patients.
Since the COVID pandemic, telehealth whereby health related services and information are delivered via telecommunication technologies - has increased by a factor of 38X. This includes an increase in telehealth services relating to self-managed abortions which then increased even more after the U.S. Supreme Court Dobbs decision. Finally, in December of 2021, the FDA expanded the ability for abortion medication to be dispensed via telehealth, and expanded access through certified pharmacies in addition to certified providers. However, there are several attempts to limit reproductive care through the use of abortion medication and telehealth, as some states require in-person visits, ban telehealth abortion services, or restrict the dispensing of abortion medication. This coupled with the days-old Texas ruling (now on appeal) potentially banning the use of FDA-approved abortion medication Mifepristone, will make it more difficult for providers to navigate providing reproductive care to patients. While not an abortion panacea, telehealth reproductive services and the protection of providers utilizing these services will help fill a need where people may not otherwise readily have access to reproductive care. Furthermore, restrictions on abortions in several states across the country makes this bill expanding protections to providers of reproductive and gender-affirming care - no matter where their patients are located - even more essential.
- Argument in Opposition
According to California Catholic Conference:
With this bill, the Legislature is overstepping and engaging in ideological colonization against states and citizens that do not want abortion. SB 345 circumvents Article IV, section 1 of the US Constitution, stating “Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State.” Denying the legitimate interest of other states to protect unborn children and public health is a dangerous precedent. By explicitly contravening the U.S. Constitution, this bill could prompt other states to selectively decide to ignore laws duly enacted by the California Legislature.
This bill would also remove the terms “unborn child” and “unborn person” from the code, replacing with “fetus” and “unborn beneficiary.” From the moment of fertilization, a new, unique, unrepeatable human being’s life begins, as is affirmed throughout embryology textbooks and the consensus of 95% of biologists. Each of us began at the zygote stage, and modern science shows us the embryo’s beating heart at just four weeks post-fertilization. By 8 weeks, all major organs are present, and babies even show a preference for their right or left hand. By 12 weeks, they can smile, yawn, and suck their thumb, all shown on incredible 4D ultrasound. Doctors routinely perform surgery and treat unborn babies right in the womb – and the babies are treated as patients in their own right and given anesthesia for their pain.
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Discussed in Hearing
2MIN
Senate Floor
4MIN
Assembly Floor
14MIN
Assembly Standing Committee on Public Safety
9MIN
Assembly Standing Committee on Judiciary
3MIN
Senate Floor
13MIN
Senate Standing Committee on Judiciary
12MIN
