Bill Text: CA SB345 | 2023-2024 | Regular Session | Amended
Bill Title: Health care services: legally protected health care activities.
Spectrum: Partisan Bill (Democrat 19-0)
Status: (Passed) 2023-09-27 - Chaptered by Secretary of State. Chapter 260, Statutes of 2023. [SB345 Detail]
Download: California-2023-SB345-Amended.html
Amended
IN
Assembly
July 06, 2023 |
Amended
IN
Assembly
June 19, 2023 |
Amended
IN
Senate
May 18, 2023 |
Amended
IN
Senate
April 27, 2023 |
Amended
IN
Senate
April 10, 2023 |
Amended
IN
Senate
March 16, 2023 |
Introduced by Senator Skinner (Coauthors: Senators Becker, Caballero, Cortese, Dodd, McGuire, Menjivar, Min, Padilla, Stern, and Wahab) (Coauthors: Assembly Members |
February 07, 2023 |
LEGISLATIVE COUNSEL'S DIGEST
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Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
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.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: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 person or business shall not collect, use, disclose, or retain the personal information of a person who is physically located at, or(1)
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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: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 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: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.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.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: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 member’s spouse within the 12-month period or unless the spouse is carrying a fetus, conceived with the member.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:SEC. 10.
Section 123450 of the Health and Safety Code is repealed.(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 minor’s 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 minor’s reasons for the request. The court shall ensure that the minor’s 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.
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At the hearing on a minor’s 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 minor’s 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.
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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 minor’s 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.
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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.
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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.