On Wednesday, September 27, 2023, California Governor Gavin Newsom signed into law nine bills intended to enhance protections for providers offering reproductive and gender-affirming services and increase protections for patient reproductive health care information. Following California’s initial legislative response to the U.S. Supreme Court’s 2022 decision in Dobbs v. Jackson Women’s Health Organization, the new slate of bills continue to support increasing access to reproductive health services within the state. Many of the new laws bolster the state’s ongoing efforts to limit enforcement by California courts of other states’ laws restricting the provision of abortion and gender-affirming care. Other laws in the package expand privacy protections for reproductive and sexual health information for both California residents and visitors. The bill package also includes measures intended to, among other things, protect reproductive service providers from adverse licensure actions, increase access to reproductive medical education in California, and expand the state’s reproductive health care workforce. Below we summarize the new laws. Protections from Out-of-State Anti-Abortion Laws: Three of the new laws protect health care providers and facilities from adverse out-of-state consequences for providing reproductive and gender affirming care in California. It remains to be seen how courts will clarify the conflict between California’s protective laws and other states’ provisions criminalizing and restricting abortion. Protections for Reproductive Health Information: Two measures restrict third-party access to an individual’s reproductive and sexual health data and medical records. Protections for Providers: Another set of bills encourages the safe provision of abortion services by prohibiting insurers from discriminating against abortion providers and limiting the use of medical imaging devices to only licensed providers and facilities. Expanding California’s Reproductive Health Care Workforce: Hooper, Lundy & Bookman, P.C. is monitoring developments closely as federal agencies issue further guidance and states enact new laws in response to the Supreme Court’s decision in Dobbs. We have launched the Reproductive Health practice group to assist providers seeking to understand their legal obligations as the legal landscape shifts rapidly. Please reach out to Stephanie Gross or Alicia Macklin in Los Angeles, Andrea L. Frey or Emily L. Brinkman in San Francisco, Catherine Wicker in San Diego, Sheryl B. Xavier in Washington, D.C., or any other member of our Hooper, Lundy, & Bookman team.California Signs into Law Legislative Package Expanding Access and Protections for Reproductive and Gender-Affirming Health Care
Lastly, two laws aim to increase the number of reproductive health care providers in California.
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