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 and 2053  if he or she performs an  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  is  subject to Section Sections  2052 and 2053  if he or she performs an abortion by medication or aspiration techniques in the first trimester of pregnancy,  or assists in performing a nonsurgical abortion,  and at the time of so doing, has  does not have  a valid, unrevoked, and unsuspended license or  to practice as a physician and surgeon as provided in this chapter, or does not have a valid, unrevoked, and unsuspended license or  certificate obtained in accordance with the Nursing Practice Act (Chapter 6 (commencing with Section 2700)) or the Physician Assistant Practice Act (Chapter 7.7 (commencing with Section 3500)),  some other provision of law  that authorizes him or her to perform or assist in performing  the functions necessary for an abortion by medication or aspiration techniques. a nonsurgical abortion. 
(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. 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 Section 123400 of the Health and Safety Code is repealed.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 Section 123405 of the Health and Safety Code is repealed.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.

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.