CA SB 345
Title: Health care services: legally protected health care activities.
Author: Nancy Skinner
Summary
SB 345, Skinner. Health care services: legally protected health care activities. (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 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. 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 t
Status
Enrolled and presented to the Governor at 4 p.m.
Bill Documents
CA SB 345 - 09/11/23 - Enrolled
09/11/23 - CA SB 345 (09/11/23 - Enrolled)
CA SB 345 - 09/01/23 - Amended Assembly
09/01/23 - CA SB 345 (09/01/23 - Amended Assembly)
CA SB 345 - 07/06/23 - Amended Assembly
07/06/23 - CA SB 345 (07/06/23 - Amended Assembly)
CA SB 345 - 06/19/23 - Amended Assembly
06/19/23 - CA SB 345 (06/19/23 - Amended Assembly)
CA SB 345 - 05/18/23 - Amended Senate
05/18/23 - CA SB 345 (05/18/23 - Amended Senate)
CA SB 345 - 04/27/23 - Amended Senate
04/27/23 - CA SB 345 (04/27/23 - Amended Senate)
CA SB 345 - 04/10/23 - Amended Senate
04/10/23 - CA SB 345 (04/10/23 - Amended Senate)
CA SB 345 - 03/16/23 - Amended Senate
03/16/23 - CA SB 345 (03/16/23 - Amended Senate)
CA SB 345 - 02/07/23 - Introduced
02/07/23 - CA SB 345 (02/07/23 - Introduced)