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SB-541 Sexual health: contraceptives.(2023-2024)



Current Version: 09/13/23 - Enrolled

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SB541:v93#DOCUMENT

Enrolled  September 13, 2023
Passed  IN  Senate  September 11, 2023
Passed  IN  Assembly  September 07, 2023
Amended  IN  Assembly  September 01, 2023
Amended  IN  Assembly  June 30, 2023
Amended  IN  Senate  May 18, 2023
Amended  IN  Senate  March 30, 2023
Amended  IN  Senate  March 20, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill
No. 541

Introduced by Senator Menjivar
(Coauthors: Senators Rubio and Wiener)
(Coauthor: Assembly Member Wilson)

February 14, 2023

An act to add Section 35292.7 to, and to add Article 16 (commencing with Section 49595) to Chapter 9 of Part 27 of Division 4 of Title 2 of, the Education Code, and to add Chapter 7.7 (commencing with Section 111823) to Part 5 of Division 104 of the Health and Safety Code, relating to sexual health.


LEGISLATIVE COUNSEL'S DIGEST


SB 541, Menjivar. Sexual health: contraceptives.
(1) Existing law, the California Healthy Youth Act, requires school districts, defined to include county boards of education, county superintendents of schools, the California School for the Deaf, the California School for the Blind, and charter schools, to ensure that all pupils in grades 7 to 12, inclusive, receive comprehensive sexual health education and human immunodeficiency virus (HIV) prevention education, as specified.
This bill would, in order to prevent and reduce unintended pregnancies and sexually transmitted infections, on or before the start of the 2024–25 school year, require each public school, including schools operated by a school district or county office of education, charter schools, and state special schools, to make internal and external condoms available to all pupils in grades 9 to 12, inclusive, free of charge, as provided. The bill would require these public schools to, at the beginning of each school year, inform pupils through existing school communication channels that free condoms are available and where the condoms can be obtained on school grounds. The bill would require a public school to post at least one notice regarding these requirements, as specified. The bill would require this notice to include certain information, including, among other information, information about how to use condoms properly. The bill would require each public school serving any of grades 7 to 12, inclusive, to allow condoms to be made available during the course of, or in connection with, educational or public health programs and initiatives, as provided. The bill would authorize a state agency, the State Department of Education, or a public school to accept gifts, grants, and donations from any source for the support of a public school carrying out these provisions, including, but not limited to, the acceptance of condoms from a manufacturer or wholesaler. The bill would, in order to comply with these provisions, encourage public schools to explore partnerships, including, but not limited to, partnerships with local health jurisdictions, as defined, community health centers, nonprofit organizations, and the State Department of Public Health. By imposing additional duties on public schools, the bill would impose a state-mandated local program.
The bill would additionally prohibit a public school, as defined, maintaining any combination of classrooms from grades 7 to 12, inclusive, a school district, the State Department of Education, or a county office of education from prohibiting certain school-based health centers, as defined, from making internal and external condoms available and easily accessible to pupils at the school-based health center site.
(2) Under existing law, the Sherman Food, Drug, and Cosmetic Law, the State Department of Public Health generally regulates the packaging, labeling, advertising, and sale of food, drugs, devices, and cosmetics, in accordance with the Federal Food, Drug, and Cosmetic Act. A violation of those provisions is generally a crime. Existing law sets forth various other provisions relating to the furnishing and health care coverage of certain types of contraception.
This bill would, with certain exceptions, prohibit a retail establishment, as defined, from refusing to furnish nonprescription contraception to a person solely on the basis of age by means of any conduct, including, but not limited to, requiring the customer to present identification for purposes of demonstrating their age. Under the bill, a violation of that prohibition would be exempt from the above-described criminal penalty.
(3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 (a) The Legislature finds and declares all of the following:
(1) The federal Centers for Disease Control and Prevention (CDC) estimates that one in five people in the United States have a sexually transmitted infection (STI). More than 325,000 Californians were infected with syphilis, chlamydia, or gonorrhea in 2019.
(2) California youth, and in particular youth of color, are disproportionately impacted by the STI crisis. Statewide data indicate over one-half of all STIs in the state are experienced among California youth 15 to 24 years of age, inclusive. Young people in this age group make up more than 5 out of every 10 chlamydia cases in California, and more than 87 percent are youth of color.
(3) Most STIs go undetected and can lead to serious, life-threatening health problems later in life, including permanent tissue damage, blindness, infertility, and cancer related to HPV infections. STIs also increase both the transmission and acquisition of HIV. Approximately $1,000,000,000 is spent annually in California on health costs associated with STIs.
(4) Condoms are an effective tool to reduce STI transmission, but condom use among sexually active teens has declined over the last decade. The CDC’s Youth Risk Behavior Surveillance System (YRBSS) shows that in 2019, an average of 20 percent of California high school pupils were sexually active and 47 percent of those pupils did not use condoms during their last sexual intercourse.
(5) Teens face multiple barriers to accessing condoms that deter them from seeking and securing the resources they need to protect themselves against STIs and unintended pregnancy. Through Essential Access Health’s TeenSource Condom Access Project, young people reported that cost is the biggest obstacle to obtaining condoms. When cost barriers remain, youth with low incomes are often left without the option to regularly use condoms to help protect their health and prevent an unintended pregnancy from occurring.
(6) Though most health plans, including Medi-Cal, will be required to cover condoms as a no-cost over-the-counter benefit beginning in 2024, this benefit will only be extended to women. Young males will not be able to access condoms over the counter for free using their health coverage, and uninsured individuals will have to continue to pay out of pocket.
(7) Teens have also long reported experiencing difficulties while attempting to purchase condoms at some pharmacies and retailers, including being judged, shamed, or harassed, or being asked to show an identification card despite the fact that there are no age requirements for condom purchases.
(8) Condom availability programs in schools began in the early 1990s, and are a key and cost-effective strategy for helping to prevent HIV, STIs, and pregnancy among teens. According to the CDC, only 7.2 percent of high schools and 2.3 percent of middle schools made condoms available to pupils in 2014. Studies conducted by the CDC also found that condom access programs in schools did not increase sexual activity among teens and can increase condom use among sexually active pupils and pupils at high risk.
(9) In 2020, Vermont became the first state in the country to require public secondary schools to make free condoms readily available to pupils. The Society for Adolescent Health and Medicine strongly supports access to free condoms in schools in easily accessible locations, such as school-based health centers and clinics, nurses’ offices, and bathrooms.
(10) California has an interest in promoting and expanding equitable access to tools and resources that empower youth to make healthier choices and reduce the spread of STIs.
(b) Therefore, it is the intent of the Legislature to improve public health outcomes and reduce STI rates among California youth by making condoms more accessible for young people.

SEC. 2.

 Section 35292.7 is added to the Education Code, to read:

35292.7.
 (a) In order to prevent and reduce unintended pregnancies and sexually transmitted infections, on or before the start of the 2024–25 school year, each public school shall make internal and external condoms available to all pupils in grades 9 to 12, inclusive, free of charge. Each public school shall make condoms available by placing condoms in a minimum of two locations on school grounds where the condoms are easily accessible to pupils during school hours without requiring assistance or permission from school staff.
(b) A public school described in subdivision (a) shall, at the beginning of each school year, inform pupils through existing school communication channels that free condoms are available and where the condoms can be obtained on school grounds.
(c) (1) A public school, as described in subdivision (a), shall post at least one notice regarding the requirements of this section and shall prominently and conspicuously display the notice on the school campus in appropriate areas that are accessible to, and commonly frequented by, pupils. This notice shall include all of the following:
(A) The contact information, including an email address and telephone number, for a designated individual responsible for maintaining the requisite supply of condoms.
(B) Information that abstinence from sexual activity and injection drug use is the only certain way to prevent HIV and other sexually transmitted infections and that abstinence from sexual intercourse is the only certain way to prevent unintended pregnancy.
(C) Information directing pupils where they can find information about how to use condoms properly.
(D) Information on how to access local resources and pupils’ legal rights to access local resources for sexual and reproductive health care such as testing and medical care for HIV and other sexually transmitted infections and pregnancy prevention and care, as well as local resources for assistance with sexual assault and intimate partner violence.
(2) A public school shall, upon request, provide the notice described in paragraph (1) in an accessible format to ensure all pupils, including, but not limited to, those with visual disabilities, are able to access the notice.
(d) Each public school serving any of grades 7 to 12, inclusive, shall allow condoms to be made available during the course of, or in connection with, educational or public health programs and initiatives, including, but not limited to, from any of the following:
(1) Community organizations or other entities providing instruction for purposes of the California Healthy Youth Act (Chapter 5.6 (commencing with Section 51930) of Part 28 of Division 4).
(2) Pupil peer health programs, clubs, or groups.
(3) Pupil health fairs conducted on campus.
(4) School-based health center staff.
(e) (1) A state agency, the department, or a public school may accept gifts, grants, and donations from any source for the support of a public school carrying out the provisions of this section, including, but not limited to, the acceptance of condoms from a manufacturer or wholesaler.
(2) In order to comply with the provisions of this section, public schools are encouraged to explore partnerships, including, but not limited to, partnerships with local health jurisdictions, community health centers, nonprofit organizations, and the State Department of Public Health.
(f) For purposes of this section, the following terms have the following meanings:
(1) “Local health jurisdiction” has the same meaning as subdivision (f) of Section 124030 of the Health and Safety Code.
(2) “Public school” includes a school operated by a school district, a school operated by a county office of education, a charter school, and a state special school.

SEC. 3.

 Article 16 (commencing with Section 49595) is added to Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code , to read:
Article  16. Miscellaneous Provisions

49595.
 (a) A public school maintaining any combination of classrooms from grades 7 to 12, inclusive, a school district, the department, or a county office of education shall not prohibit a school-based health center that serves a public school serving any of grades 7 to 12, inclusive, from making internal and external condoms available and easily accessible to pupils at the school-based health center site.
(b) For purposes of this section, the following definitions apply:
(1) “Public school” includes a school operated by a school district, a school operated by a county office of education, and a charter school.
(2) (A) “School-based health center” means a center or program, located at or near a public school, that provides age-appropriate health care services at the program site or through referrals.
(B) A school-based health center includes a center or program described in subparagraph (A) that may conduct routine physical, mental health, and oral health assessments, and provide referrals for any services not offered onsite.
(C) A school-based health center includes a center or program described in subparagraph (A) that may serve two or more nonadjacent schools or local educational agencies.

SEC. 4.

 Chapter 7.7 (commencing with Section 111823) is added to Part 5 of Division 104 of the Health and Safety Code, to read:
CHAPTER  7.7. Nonprescription Contraception

111823.
 (a) A retail establishment shall not refuse to furnish nonprescription contraception to a person solely on the basis of age by means of any conduct, including, but not limited to, requiring the customer to present identification for purposes of demonstrating their age.
(b) Section 111825 does not apply to a violation of subdivision (a).
(c) Subdivision (a) does not apply to the refusal to furnish nonprescription contraception on the basis of age if, under other provisions of federal or state law, the contraception is subject to restrictions on the basis of age.
(d) For purposes of this section, “retail establishment” means any vendor that, in the regular course of business, furnishes nonprescription contraception at retail directly to the public, including, but not limited to, a pharmacy, grocery store, or other retail store.

SEC. 5.

 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.