Today's Law As Amended


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SB-1301 Reproductive Privacy Act.(2001-2002)



As Amends the Law Today


SECTION 1.

 Section 2253 of the Business and Professions Code is amended to read:

2253.
 (a) Failure to comply with the Reproductive Privacy Act (Article 2.5 (commencing with Section 123460) of Chapter 2 of Part 2 of Division 106 of the Health and Safety Code) in performing, assisting, procuring or aiding, abetting, attempting, agreeing, or offering to procure an illegal abortion  constitutes unprofessional conduct.
(b) (1) Except as provided in paragraph (2), a  A  person is subject to Section Sections  2052 if the person performs an  and 2053 if he or she performs or assists in performing a surgical  abortion, and at the time of so doing, does not have a valid, unrevoked, and unsuspended license to practice as a physician and surgeon. surgeon as provided in this chapter, or if he or she assists in performing a surgical abortion and does not have a valid, unrevoked, and unsuspended license or certificate obtained in accordance with some other provision of law that authorizes him or her to perform the functions necessary to assist in performing a surgical abortion. 
(2) A person shall not be subject to Section 2052 if the person performs an abortion by medication or aspiration techniques in the first trimester of pregnancy, and at the time of so doing, has a valid, unrevoked, and unsuspended license or certificate obtained in accordance with the Medical Practice Act (Chapter 5 (commencing with Section 2000)), the Osteopathic Act (Article 21 (commencing with Section 2450) of Chapter 5), the Nursing Practice Act (Chapter 6 (commencing with Section 2700)) or the Physician Assistant Practice Act (Chapter 7.7 (commencing with Section 3500)), that authorizes the person to perform the functions necessary for an abortion by medication or aspiration techniques.
(c) In order to perform an abortion by aspiration techniques pursuant to paragraph (2) of subdivision (b), a person shall comply with Section 2725.4 or 3502.4.
(d) The Medical Board of California and the Osteopathic Medical Board of California shall not suspend or revoke the certificate of a physician and surgeon solely for performing an abortion if they performed the abortion in accordance with the provisions of this chapter and the Reproductive Privacy Act (Article 2.5 (commencing with Section 123460) of Chapter 2 of Part 2 of Division 106 of the Health and Safety Code).
(e) (2)  Notwithstanding any other law, including, but not limited to, Sections 141, 480, 490, 2221, 2305, 2234, and 2236, the Medical Board of California and the Osteopathic Medical Board of California, as applicable, shall not deny an application for licensure  A person is subject to Sections 2052 and 2053 if he or she performs or assists in performing a nonsurgical abortion, and at the time of so doing, does not have a valid, unrevoked, and unsuspended license to practice  as a physician and surgeon, or suspend, revoke, or otherwise impose discipline upon a physician and surgeon licensed in this state under either of the following circumstances: surgeon as provided in this chapter, or does not have a valid, unrevoked, and unsuspended license or certificate obtained in accordance with some other provision of law that authorizes him or her to perform or assist in performing the functions necessary for a nonsurgical abortion. 
(1) The physician and surgeon is licensed to practice medicine in another state and was disciplined in that state solely for performing an abortion in that state.
(2) (c)  The physician and surgeon is licensed to practice medicine in another state and was convicted in that state for an offense related solely to the performance of an abortion in that state. For purposes of this section, “nonsurgical abortion” includes termination of pregnancy through the use of pharmacological agents. 

SEC. 2.

 Section 123400 of the Health and Safety Code is repealed.

SEC. 3.

 Section 123405 of the Health and Safety Code is repealed.

SEC. 4.

 Section 123407 of the Health and Safety Code is repealed.

SEC. 5.

 Section 123410 of the Health and Safety Code is repealed.

SEC. 6.

 Section 123415 of the Health and Safety Code is repealed.

SEC. 7.

 Section 123430 of the Health and Safety Code is repealed.

123430.
 (a) (1) To ensure people have accurate and comprehensive information when accessing abortion services in California, on or before July 1, 2023, the California Health and Human Services Agency, or an entity designated by the agency, shall establish an internet website where the public can access information on abortion services in the state.
(2) The internet website established pursuant to paragraph (1) shall include all of the following information and resources:
(A) A person’s legally protected rights to an abortion under state law.
(B) The location of abortion providers or links to the information in the state. Location information shall be posted and updated in a manner that allows people to easily identify the health care providers that provide abortion in the state.
(C) Practical support services, such as airfare, lodging, ground transportation, gas money, meals, dependent childcare, doula support, and translation services, to help a person access and obtain an abortion.
(D) Payment support resources, including coverage options, state programs, and other assistance that is available to help people with the cost of the abortion procedure.
(E) General description of the available types of abortion.
(F) Information to combat misinformation and disinformation, and ensure that people have comprehensive and medically accurate counseling and support services.
(G) Any other information or resources that will assist an individual seeking comprehensive and accurate information about exercising their legal right to abortion and accessing abortion services in the state.
(3) The agency shall consult with subject matter experts when determining the information and resources posted on the internet website. “Subject matter experts” include, but is not limited to, the Commission on the Status of Women and Girls, the Department of Justice, the State Department of Health Care Services, the Department of Managed Health Care, and organizations that represent patients, providers, and assistants that obtain, provide, or assist a pregnant person to access an abortion.
(4) The internet website shall have mobile capabilities.
(5) The internet website shall comply with Section 508 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794d), regulations implementing that act as set forth in Part 1194 of Title 36 of the Federal Code of Regulations, and any laws or regulations governing the accessibility of state internet websites.
(6) The agency, in consultation with the subject matter experts, shall review the information and resources on the internet website to ensure that it is current and updated at reasonable intervals, but no less than once every six months. The website shall contain a feature to allow users to report erroneous or outdated information.
(b) The internet website and informational materials created and distributed pursuant to this section shall be made available in a manner to ensure that they are accessible by all state residents. The internet website and informational materials shall be translated into Spanish, Chinese, Tagalog, Vietnamese, and Korean and in compliance with the Dymally-Alatorre Bilingual Services Act (Chapter 17.5 (commencing with Section 7290) of Division 7 of Title 1 of the Government Code).
(c) Notwithstanding subdivision (a), the internet website established pursuant to this section shall not include the name or location of any individual who is an abortion provider.

SEC. 8.

 Article 2.5 (commencing with Section 123460) is added to Chapter 2 of Part 2 of Division 106 of the Health and Safety Code, to read:

Article  2.5. Reproductive Privacy Act
123460.
 This article shall be known and may be cited as the Reproductive Privacy Act.
123462.
 The Legislature finds and declares that every individual possesses a fundamental right of privacy with respect to personal reproductive decisions. Accordingly, it is the public policy of the State of California that:
(a) Every individual has the fundamental right to choose or refuse birth control.
(b) Every woman has the fundamental right to choose to bear a child or to choose and to obtain an abortion, except as specifically limited by this article.
(c) The state shall not deny or interfere with a woman’s fundamental right to choose to bear a child or to choose to obtain an abortion, except as specifically permitted by this article.
123464.
 The following definitions shall apply for purposes of this chapter:
(a) “Abortion” means any medical treatment intended to induce the termination of a pregnancy except for the purpose of producing a live birth.
(b) “Pregnancy” means the human reproductive process, beginning with the implantation of an embryo.
(c) “State” means the State of California, and every county, city, town and municipal corporation, and quasi-municipal corporation in the state.
(d) “Viability” means the point in a pregnancy when, in the good faith medical judgment of a physician, on the particular facts of the case before that physician, there is a reasonable likelihood of the fetus’s sustained survival outside the uterus without the application of extraordinary medical measures.
123466.
 The state may not deny or interfere with a woman’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 woman.
123468.
 The performance of an abortion is unauthorized if either of the following is true:
(a) The person performing or assisting in performing the abortion is not a health care provider authorized to perform or assist in performing an abortion pursuant to Section 2253 of the Business and Professions Code.
(b) The abortion is performed on a viable fetus, and both of the following are established:
(1) In the good faith medical judgment of the physician, the fetus was viable.
(2) In the good faith medical judgment of the physician, continuation of the pregnancy posed no risk to life or health of the pregnant woman.
SEC. 9.
 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.