Signed by Governor Gavin Newsom

Vote Smart's Synopsis:

Vote to concur with House amendments and pass a bill that prohibits any public officials from knowingly sharing data or resources with out-of-state law enforcement seeking to impose civil, criminal, or disciplinary liability for the provision of legally protected health care activity.

Highlights:

• Prohibits a provider of health care, a health care service plan, or a contractor from releasing medical information related to the following in response to a subpoena or request (Sec. 2): 

• A person seeking or obtaining gender-affirming health care or gender-affirming mental health care; or

• A person or entity allowing a child to receive gender-affirming care or gender-affirming mental health care. 

• Prohibits a provider of health care, a health care service plan, or a contractor from releasing medical information related to the above described items if the information is being requested pursuant to another state’s law that authorizes a person to bring a civil or criminal action against a person or entity that provides, seeks, obtains, or receives gender-affirming care or gender-affirming mental health care or who allows a child to receive gender-affirming care or gender-affirming mental health care (Sec. 2). 

• Specifies that this law does not prohibit compliance with the investigation of activity that is punishable as a crime under the laws of the State of California (Sec. 2).   

• Specifies that this law does not prohibit compliance with an audit or investigation of activity that is unlawful under the laws of the State of California or under federal law (Sec. 2). 

• Specifies that this law does not prohibit compliance with an audit, review, or investigation conducted for purposes of licensure, registration, accreditation, or certification under the laws of the State of California or under federal law (Sec. 2). 

• Prohibits a licensed attorney from issuing a foreign subpoena if it is based on a violation of another state’s laws that interfere with a person’s right to seek or obtain gender-affirming care or gender-affirming mental health care or allows a child to receive gender-affirming care or gender-affirming mental health care (Sec. 4). 

• Specifies that Controlled Substance Utilization Review and Evaluation System (CURES) data may be provided to public or private entities for educational, peer review, statistical, or research purposes if patient information is not compromised (Sec. 5). 

• Prohibits authorized public and private entities from transferring CURES data to a third party unless authorized by, or pursuant to, state and federal privacy and security laws and regulations (Sec. 5). 

• Requires the Department of Justice to establish policies, procedures, and regulations regarding the use, access, evaluation, management, implementation, operation, storage, disclosure, and security of the information within CURES (Sec. 5). 

• Requires the Department of Justice to consult with all stakeholders identified by the Department in this rule-making process (Sec. 5). 

Full Bill Text

Vote Smart's Synopsis:

Vote to amend and pass a bill that prohibits any public officials from knowingly sharing data or resources with out-of-state law enforcement seeking to impose civil, criminal, or disciplinary liability for the provision of legally protected health care activity.

Highlights:

• Prohibits a provider of health care, a health care service plan, or a contractor from releasing medical information related to the following in response to a subpoena or request (Sec. 2): 

• A person seeking or obtaining gender-affirming health care or gender-affirming mental health care; or

• A person or entity allowing a child to receive gender-affirming care or gender-affirming mental health care. 

• Prohibits a provider of health care, a health care service plan, or a contractor from releasing medical information related to the above described items if the information is being requested pursuant to another state’s law that authorizes a person to bring a civil or criminal action against a person or entity that provides, seeks, obtains, or receives gender-affirming care or gender-affirming mental health care or who allows a child to receive gender-affirming care or gender-affirming mental health care (Sec. 2). 

• Specifies that this law does not prohibit compliance with the investigation of activity that is punishable as a crime under the laws of the State of California (Sec. 2).   

• Specifies that this law does not prohibit compliance with an audit or investigation of activity that is unlawful under the laws of the State of California or under federal law (Sec. 2). 

• Specifies that this law does not prohibit compliance with an audit, review, or investigation conducted for purposes of licensure, registration, accreditation, or certification under the laws of the State of California or under federal law (Sec. 2). 

• Prohibits a licensed attorney from issuing a foreign subpoena if it is based on a violation of another state’s laws that interfere with a person’s right to seek or obtain gender-affirming care or gender-affirming mental health care or allows a child to receive gender-affirming care or gender-affirming mental health care (Sec. 4). 

• Specifies that Controlled Substance Utilization Review and Evaluation System (CURES) data may be provided to public or private entities for educational, peer review, statistical, or research purposes if patient information is not compromised (Sec. 5). 

• Prohibits authorized public and private entities from transferring CURES data to a third party unless authorized by, or pursuant to, state and federal privacy and security laws and regulations (Sec. 5). 

• Requires the Department of Justice to establish policies, procedures, and regulations regarding the use, access, evaluation, management, implementation, operation, storage, disclosure, and security of the information within CURES (Sec. 5). 

• Requires the Department of Justice to consult with all stakeholders identified by the Department in this rule-making process (Sec. 5). 

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that prohibits any public officials from knowingly sharing data or resources with out-of-state law enforcement seeking to impose civil, criminal, or disciplinary liability for the provision of legally protected health care activity.

Highlights:

• Prohibits a provider of health care, a health care service plan, or a contractor from releasing medical information related to the following in response to a subpoena or request (Sec. 2): 

• A person seeking or obtaining gender-affirming health care or gender-affirming mental health care; or

• A person or entity allowing a child to receive gender-affirming care or gender-affirming mental health care. 

• Prohibits a provider of health care, a health care service plan, or a contractor from releasing medical information related to the above described items if the information is being requested pursuant to another state’s law that authorizes a person to bring a civil or criminal action against a person or entity that provides, seeks, obtains, or receives gender-affirming care or gender-affirming mental health care or who allows a child to receive gender-affirming care or gender-affirming mental health care (Sec. 2). 

• Specifies that this law does not prohibit compliance with the investigation of activity that is punishable as a crime under the laws of the State of California (Sec. 2).   

• Specifies that this law does not prohibit compliance with an audit or investigation of activity that is unlawful under the laws of the State of California or under federal law (Sec. 2). 

• Specifies that this law does not prohibit compliance with an audit, review, or investigation conducted for purposes of licensure, registration, accreditation, or certification under the laws of the State of California or under federal law (Sec. 2). 

• Prohibits a licensed attorney from issuing a foreign subpoena if it is based on a violation of another state’s laws that interfere with a person’s right to seek or obtain gender-affirming care or gender-affirming mental health care or allows a child to receive gender-affirming care or gender-affirming mental health care (Sec. 4). 

• Specifies that Controlled Substance Utilization Review and Evaluation System (CURES) data may be provided to public or private entities for educational, peer review, statistical, or research purposes if patient information is not compromised (Sec. 5). 

• Prohibits authorized public and private entities from transferring CURES data to a third party unless authorized by, or pursuant to, state and federal privacy and security laws and regulations (Sec. 5). 

• Requires the Department of Justice to establish policies, procedures, and regulations regarding the use, access, evaluation, management, implementation, operation, storage, disclosure, and security of the information within CURES (Sec. 5). 

• Requires the Department of Justice to consult with all stakeholders identified by the Department in this rule-making process (Sec. 5). 

Full Bill Text