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AB-2698 Reproductive Privacy Act.(2021-2022)

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Date Published: 02/18/2022 09:00 PM
AB2698:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 2698


Introduced by Assembly Member Friedman

February 18, 2022


An act to amend Section 123468 of the Health and Safety Code, relating to reproductive rights.


LEGISLATIVE COUNSEL'S DIGEST


AB 2698, as introduced, Friedman. Reproductive Privacy Act.
Existing law, the Reproductive Privacy Act, provides that every individual possesses a fundamental right of privacy with respect to their personal reproductive decisions. Existing law prohibits the state from interfering with a pregnant person’s right to choose or obtain an abortion before the fetus is viable or when it is necessary to protect the life and health of the pregnant person. Under existing law, an abortion is unauthorized if either the person performing the abortion is not a health care provider that is authorized to perform an abortion or the fetus is viable.
This bill would make a technical, nonsubstantive change to the last provision.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 123468 of the Health and Safety Code is amended to read:

123468.
 The performance of an abortion is unauthorized if either of the following is true:
(a) The person performing the abortion is not a health care provider authorized to perform 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 the life or health of the pregnant woman.