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
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, |
February 07, 2023 |
LEGISLATIVE COUNSEL'S DIGEST
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 consumer’s 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.
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,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 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.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.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 person’s 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.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: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.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: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: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: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: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 beneficiary’s 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.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: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 XIII B 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 XIII B of the California Constitution.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.