Bill Text: CA SB1428 | 2023-2024 | Regular Session | Amended
Bill Title: Reproductive health: mifepristone and other medication.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed) 2024-06-19 - June 25 set for first hearing canceled at the request of author. [SB1428 Detail]
Download: California-2023-SB1428-Amended.html
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Amended
IN
Assembly
June 17, 2024 |
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Amended
IN
Assembly
June 10, 2024 |
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Amended
IN
Senate
March 18, 2024 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Senate Bill
No. 1428
| Introduced by Senator Atkins |
February 16, 2024 |
An act to add Section Sections 123467.4 and 127698 to the Health and Safety Code, relating to reproductive health.
LEGISLATIVE COUNSEL'S DIGEST
SB 1428, as amended, Atkins.
Reproductive health: mifepristone. mifepristone and other medication.
Under the California Constitution, the state is prohibited from denying or interfering with an individual’s reproductive freedom in their most intimate decisions, including their fundamental right to choose to have an abortion. Existing law, the Reproductive Privacy Act, prohibits the state from denying or interfering with a pregnant 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 pregnant person.
Under the act, a person is not subject to liability or penalty based on their actions or omissions with respect to their pregnancy or pregnancy outcome. Under
the act, a person who aids or assists a pregnant person in exercising their rights under the act is not subject to liability or penalty based solely on their aid- or assistance-related actions, as specified.
Under the bill, a person, in exercising their individual rights under the above-described constitutional provision and the Reproductive Privacy Act, would not be subject to civil or criminal liability or penalty, or otherwise deprived of their rights, for using, receiving, possessing, or storing brand or generic mifepristone or any drug used for medication abortion. Under the bill, a person who aids or assists a pregnant person in exercising their rights under those provisions would not be subject to liability or penalty or deprivation of rights based solely on their actions to aid or assist a pregnant person in accessing any of those drugs. The bill would
declare those actions as being lawful under the laws of California.
Existing law, the California Affordable Drug Manufacturing Act of 2020, requires the California Health and Human Services Agency (CHHSA) or its departments to enter into partnerships to, among other things, address shortages in the market for generic prescription drugs and increase patient access to affordable drugs. The act also requires CHHSA to enter into partnerships resulting in the production, procurement, or distribution of generic prescription drugs.
Mifepristone, a drug used for medication abortion, received approval by the United States Food and Drug Administration (FDA) in 2000. Under pending litigation in federal courts, the matter of maintaining or restricting access to mifepristone is being reviewed, including with regard to the FDA approval status of mifepristone and the authorized timeframe and methodologies for accessing the
drug.
This bill would state the intent of the Legislature to protect reproductive health access upon a decision in the above-described pending litigation or other change under federal law. access. The bill would authorize CHHSA or its departments to enter into partnerships resulting in the production, procurement, or distribution of mifepristone.
In the event of a change in the approval status of mifepristone by the FDA, or a change in conditions for use or in the accessibility of mifepristone, the bill would authorize CHHSA or its departments to develop a process to allow continued access to mifepristone, such as clinical trials or approval for use through the State Department of Public Health.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
The Legislature finds and declares all of the following:(a) It is the longstanding public policy of this state to promote access to reproductive health care, including abortion care, without unnecessary burdens or restrictions on patients or providers. Every pregnant individual has the fundamental right to choose to have an abortion, a right that is secured by the California Constitution.
(b) Recent litigation has raised uncertainty about the continued availability nationwide of
mifepristone, a drug that has been clinically proven to be part of a safe and effective means of providing medication abortion.
(c) The continued attacks on reproductive freedom across the country require immediate action to protect the right to abortion access, including access to medication abortion, in California.
(d) It is the intent of the Legislature to ensure continued access in California to critical abortion medication that has been proven safe and effective for two decades for individuals seeking abortion care.
SEC. 2.
Section 123467.4 is added to the Health and Safety Code, to read:123467.4.
(a) Notwithstanding any other law, a person, in exercising their individual rights under this article and Section 1.1 of Article I of the California Constitution, shall not be subject to civil or criminal liability or penalty, or otherwise deprived of their rights under this article and the California Constitution, for using, receiving, possessing, or storing brand or generic mifepristone or any drug used for medication abortion.(b) A person who aids or assists a pregnant person in exercising their rights under this article and the California
Constitution shall not be subject to civil or criminal liability or penalty, or otherwise deprived of their rights, based solely on their actions to aid or assist a pregnant person in accessing brand or generic mifepristone or any drug used for medication abortion, in accordance with subdivision (a).(c) The actions described in subdivisions (a) and (b) are lawful under the laws of California.
SECTION 1.SEC. 3.
Section 127698 is added to the Health and Safety Code, to read:127698.
(a) It is the intent of the Legislature to protect reproductive health(b) CHHSA or its departments may enter into partnerships resulting in the production, procurement, or distribution of mifepristone.
(c) In the event of a change in the approval status of mifepristone by the United States Food and Drug Administration, or a change in conditions for use or in the accessibility of mifepristone, CHHSA or its departments may develop a process to allow continued access to mifepristone, such as clinical trials or approval for use through the State Department of Public Health.
