Amended IN Assembly March 28, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 45Introduced by Assembly Member Bauer-KahanDecember 02, 2024An act relating to privacy. An act to amend Section 4076 of the Business and Professions Code, and to amend Section 1798.99.90 of, to amend the heading of Title 1.81.49 (commencing with Section 1798.99.90) of Part 4 of Division 3 of, and to add Sections 1798.99.91, 1798.99.92, and 1798.99.93 to, the Civil Code, relating to privacy.LEGISLATIVE COUNSEL'S DIGESTAB 45, as amended, Bauer-Kahan. Privacy: health care data. Privacy: health.Existing law prohibits a person or business, as defined, from collecting, using, disclosing, or retaining the personal information of a person who is physically located at, or within a precise geolocation of, a family planning center, as defined, except as necessary to perform the services or provide the goods requested and not sold or shared. Existing law authorizes an aggrieved person or entity to institute and prosecute a civil action against a person or business for a violation of these provisions and specify damages and costs authorized to be recovered.This bill would recast the above-described provisions, and instead prohibit the collection, use, disclosure, sale, sharing, or retention of the personal information of a natural person who is physically located at, or within a precise geolocation of, a family planning center, except collection or use as necessary to perform the services or provide the goods requested. The bill would authorize an aggrieved person to institute and prosecute a civil action against a natural person, association, proprietorship, corporation, trust, foundation, partnership, or any other organization or group of people acting in concert for a violation of these provisions. The bill would also make other nonsubstantive changes.This bill would, subject to specified exceptions, prohibit geofencing, or selling or sharing personal information with a third party to geofence, as defined, an entity that provides in-person health care services in California for specified purposes, and would prohibit the use of personal information obtained in violation of this provision. The bill would provide that violators are subject to an injunction and liable for a civil penalty assessed and recovered in a civil action brought by the Attorney General, and deposited in the California Reproductive Justice and Freedom Fund. The bill would also provide that a statement signed under penalty of perjury, as specified, that the personal information will not be used for selling or sharing personal information in violation of these geofencing provisions is prima facie evidence that the personal information was not sold or shared in violation of these geofencing provisions. By expanding the crime of perjury, this bill would impose a state-mandated local program.Existing law, the Confidentiality of Medical Information Act (CMIA), generally prohibits a provider of health care, a health care service plan, or a contractor from disclosing medical information regarding a patient, enrollee, or subscriber without first obtaining an authorization, unless a specified exception applies. The CMIA prohibits a provider of health care, a health care service plan, a contractor, or an employer from releasing medical information that would identify an individual or related to an individual seeking or obtaining an abortion in response to a subpoena or a request or to law enforcement if that subpoena, request, or the purpose of law enforcement for the medical information is based on, or for the purpose of enforcement of, either another states laws that interfere with a persons rights to choose or obtain an abortion or a foreign penal civil action.This bill would, similar to the provisions of the CMIA, prohibit the release of research records, in a personally identifying form, developed or acquired by a person in the course of conducting research relating to anyone seeking or obtaining health care services, or relating to personal information, in response to a subpoena or a request or to law enforcement if that subpoena, request, or the purpose of law enforcement for the medical information is based on, or for the purpose of enforcement of, either another states laws that interfere with a persons rights to choose or obtain an abortion or a foreign penal civil action.The Pharmacy Law provides for the licensure and regulation of pharmacists by the California State Board of Pharmacy. That law requires a pharmacist to dispense a prescription in a container that, among other things, is correctly labeled with the name of the prescriber, as specified. This bill would authorize the label for mifepristone, misoprostol, and their generic alternatives to include the name of the prescribing health care practice instead of the name of the prescriber, at the prescribers request.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 no reimbursement is required by this act for a specified reason.Under the California Constitution, the state is prohibited from denying or interfering with an individuals reproductive freedom in their most intimate decisions, including their fundamental right to choose to have an abortion. Existing law, the Reproductive Privacy Act, prohibits the state from denying or interfering with a pregnant persons 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 pregnant person.Existing law prohibits a person or business, as defined, from collecting, using, disclosing, or retaining the personal information of a person who is physically located at, or within a precise geolocation of, a family planning center, as defined, except as necessary to perform the services or provide the goods requested and not sold or shared.This bill would state the intent of the Legislature to enact legislation to make it unlawful to geofence an entity that provides in-person health care services and to prohibit health care providers from releasing medical research information related to an individual seeking or obtaining an abortion in response to a subpoena or request if that subpoena or request is based on another states laws that interfere with a persons rights under the Reproductive Privacy Act.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NOYES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 4076 of the Business and Professions Code is amended to read:4076. (a) A pharmacist shall not dispense a prescription except in a container that meets the requirements of state and federal law and is correctly labeled with all of the following:(1) Except when the prescriber or the certified nurse-midwife who functions pursuant to a standardized procedure or protocol described in Section 2746.51, the nurse practitioner who functions pursuant to a standardized procedure described in Section 2836.1 or protocol, the physician assistant who functions pursuant to Section 3502.1, the naturopathic doctor who functions pursuant to a standardized procedure or protocol described in Section 3640.5, or the pharmacist who functions pursuant to a policy, procedure, or protocol pursuant to Section 4052.1, 4052.2, or 4052.6 orders otherwise, either the manufacturers trade name of the drug or the generic name and the name of the manufacturer. Commonly used abbreviations may be used. Preparations containing two or more active ingredients may be identified by the manufacturers trade name or the commonly used name or the principal active ingredients.(2) The directions for the use of the drug.(3) The name of the patient or patients.(4) The name of the prescriber or, if applicable, the name of the certified nurse-midwife who functions pursuant to a standardized procedure or protocol described in Section 2746.51, the nurse practitioner who functions pursuant to a standardized procedure described in Section 2836.1 or protocol, the physician assistant who functions pursuant to Section 3502.1, the naturopathic doctor who functions pursuant to a standardized procedure or protocol described in Section 3640.5, or the pharmacist who functions pursuant to a policy, procedure, or protocol pursuant to Section 4052.1, 4052.2, or 4052.6.(5) The date of issue.(6) The name and address of the pharmacy, and prescription number or other means of identifying the prescription.(7) The strength of the drug or drugs dispensed.(8) The quantity of the drug or drugs dispensed.(9) The expiration date of the effectiveness of the drug dispensed.(10) The condition or purpose for which the drug was prescribed if the condition or purpose is indicated on the prescription.(11) (A) Commencing January 1, 2006, the physical description of the dispensed medication, including its color, shape, and any identification code that appears on the tablets or capsules, except as follows:(i) Prescriptions dispensed by a veterinarian.(ii) An exemption from the requirements of this paragraph shall be granted to a new drug for the first 120 days that the drug is on the market and for the 90 days during which the national reference file has no description on file.(iii) Dispensed medications for which no physical description exists in a commercially available database.(B) This paragraph applies to outpatient pharmacies only.(C) The information required by this paragraph may be printed on an auxiliary label that is affixed to the prescription container.(D) This paragraph shall not become operative if the board, prior to January 1, 2006, adopts regulations that mandate the same labeling requirements set forth in this paragraph.(b) If a pharmacist dispenses a prescribed drug by means of a unit dose medication system, as defined by administrative regulation, for a patient in a skilled nursing, intermediate care, or other health care facility, the requirements of this section will be satisfied if the unit dose medication system contains the aforementioned information or the information is otherwise readily available at the time of drug administration.(c) If a pharmacist dispenses a dangerous drug or device in a facility licensed pursuant to Section 1250 of the Health and Safety Code, it is not necessary to include on individual unit dose containers for a specific patient, the name of the certified nurse-midwife who functions pursuant to a standardized procedure or protocol described in Section 2746.51, the nurse practitioner who functions pursuant to a standardized procedure described in Section 2836.1 or protocol, the physician assistant who functions pursuant to Section 3502.1, the naturopathic doctor who functions pursuant to a standardized procedure or protocol described in Section 3640.5, or the pharmacist who functions pursuant to a policy, procedure, or protocol pursuant to Section 4052.1, 4052.2, or 4052.6.(d) If a pharmacist dispenses a prescription drug for use in a facility licensed pursuant to Section 1250 of the Health and Safety Code, it is not necessary to include the information required in paragraph (11) of subdivision (a) when the prescription drug is administered to a patient by a person licensed under the Medical Practice Act (Chapter 5 (commencing with Section 2000)), the Nursing Practice Act (Chapter 6 (commencing with Section 2700)), or the Vocational Nursing Practice Act (Chapter 6.5 (commencing with Section 2840)), who is acting within the scope of practice.(e) A pharmacist shall use professional judgment to provide a patient with directions for use that enhance the patients understanding of those directions, consistent with the prescribers instructions.(f) Notwithstanding subdivision (a) or any other law, a pharmacist may dispense a drug prescribed pursuant to Section 120582 of the Health and Safety Code and label the drug without the name of an individual for whom the drug is intended if the prescription includes the words expedited partner therapy or the letters EPT.(g) A pharmacist who prescribes, dispenses, furnishes, or otherwise renders EPT, as authorized in subdivision (f), shall not be liable in, and shall not be subject to, a civil, criminal, or administrative action, sanction, or penalty for rendering EPT, if the use of EPT is in compliance with this section, except in cases of intentional misconduct, gross negligence, or wanton or reckless activity.(h) A pharmacist who provides EPT under this section shall provide written notification that describes the right of an individual who receives EPT to consult with a pharmacist about the medication dispensed and additional information regarding possible drug interactions.(i) Notwithstanding paragraph (4) of subdivision (a), at the prescribers request, the label for mifepristone, misoprostol, and their generic alternatives may include the name of the prescribing health care practice instead of the name of the prescriber.SEC. 2. The heading of Title 1.81.49 (commencing with Section 1798.99.90) of Part 4 of Division 3 of the Civil Code is amended to read:TITLE 1.81.49. Family Planning Center Health and Location Data PrivacySEC. 3. Section 1798.99.90 of the Civil Code is amended to read:1798.99.90.(a)A person or business shall not collect, use, disclose, or retain the personal information of a person who is physically located at, or within a precise geolocation of, a family planning center, except as specified in subdivision (c).(b)1798.99.90. For purposes of this section, title, the following definitions apply:(1)Business means the same as defined in subdivision (c) of Section 1798.140.(2)Collect means the same as defined in subdivision (f) of Section 1798.140.(a) Collect, collected, or collection means buying, renting, gathering, obtaining, receiving, or accessing any personal information pertaining to a natural person by any means. This includes receiving information from the natural person, either actively or passively, or by observing the natural persons behavior.(3)(b) Family planning center means a business facility categorized as a family planning center by the North American Industry Classification System adopted by the United States Census Bureau, including, but not limited to, a clinic or center that provides reproductive health care services as defined in Section 1798.300 of the Civil Code. 1798.300.(c) Geofence means any technology that enables spatial or location detection to establish a virtual boundary around, and detect an individuals presence within, a precise geolocation as defined in subdivision (w) of Section 1798.140.(d) Health care services means any service provided to a natural person of a medical, surgical, psychiatric, therapeutic, diagnostic, mental health, behavioral health, preventative, rehabilitative, supportive, consultative, referral, or prescribing nature.(e) Person means a natural person, association, proprietorship, corporation, trust, foundation, partnership, or any other organization or group of people acting in concert.(4)(f) Personal information has the same definition as that term is defined in subdivision (v) of Section 1798.140, except as applied to all natural persons and not limited to consumers and households, as those terms are defined in subdivisions (i) and (q), respectively, of that section.(5)(g) Precise geolocation means a geographic area that is equal to or less than the area of a circle with a radius of 1,850 feet as derived from a device that is used or intended to be used to locate a person. If the geographic scope of the term precise geolocation as defined in Section 1798.140 is expanded beyond 1,850 feet, then that larger scope shall apply to this definition of precise geolocation.(c)A person or business shall not collect, use, disclose, or retain the personal information of a person who is physically located at, or within a precise geolocation of, a family planning center, except only as necessary to perform the services or provide the goods requested by the person. A person or business shall not sell or share this personal information.(d)(1)An aggrieved person or entity, including a family planning center, may institute and prosecute a civil action against any person or business who violates this section for injunctive and monetary relief and attorneys fees within three years of discovery of the violation.(2)If the court finds for the petitioner in an action authorized by paragraph (1), recovery shall be in the amount of three times the amount of actual damages and any other expenses, costs, or reasonable attorneys fees incurred in connection with the litigation.(e)This section does not apply to a provider of health care, a health care service plan, or contractor, as those terms are defined in Section 56.05.(6)Sell means the same as defined in subdivision (ad) of Section 1798.140.(7)Share means the same as defined in subdivision (ah) of Section 1798.140.(h) Research means systematic investigation, including research development, testing, and evaluation, that has as its primary purpose the development of, or contribution to, generalizable knowledge.(i) Sell, selling, sale, or sold means selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a natural persons personal information by another person to a third party for monetary or other valuable consideration.(j) Share, shared, or sharing means sharing, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a natural persons personal information by another person to a third party, whether or not for monetary or other valuable consideration.SEC. 4. Section 1798.99.91 is added to the Civil Code, immediately following Section 1798.99.90, to read:1798.99.91. (a) It shall be unlawful to collect, use, disclose, sell, share, or retain the personal information of a natural person who is physically located at, or within a precise geolocation of, a family planning center, except as specified in subdivision (b).(b) Notwithstanding subdivision (a), it is permissible to collect or use the personal information of a natural person who is physically located at, or within a precise geolocation of, a family planning center, but only as necessary to perform the services or provide the goods requested by the natural person. All other prohibitions under subdivision (a) shall continue to apply.(c) (1) An aggrieved person or entity, including a family planning center, may institute and prosecute a civil action against any person who violates this section for injunctive and monetary relief and attorneys fees within three years of discovery of the violation.(2) If the court finds for the petitioner in an action authorized by paragraph (1), recovery shall be in the amount of three times the amount of actual damages and any other expenses, costs, or reasonable attorneys fees incurred in connection with the litigation.(d) This section does not apply to a provider of health care, a health care service plan, or contractor, as those terms are defined in Section 56.05.SEC. 5. Section 1798.99.92 is added to the Civil Code, immediately following Section 1798.99.91, to read:1798.99.92. (a) Except as provided in subdivision (f), it shall be unlawful to geofence an entity that provides in-person health care services in California for any of the following purposes:(1) To identify or track a person seeking, receiving, or providing health care services.(2) To collect personal information from a person seeking, receiving, or providing health care services.(3) To send notifications to a person related to their personal information or health care services.(4) To send advertisements to a person related to the persons personal information or health care services.(b) It shall be unlawful to sell personal information to, or share personal information with, a third party for the use of such information to violate subdivision (a). A statement signed under penalty of perjury, pursuant to Section 2015.5 of the Code of Civil Procedure, by a natural person authorized to enter into agreements on behalf of the third party that the personal information will not be used for these purposes shall be prima facie evidence that the personal information was not sold or shared in violation of this subdivision.(c) Except as provided in subdivision (f), it shall be unlawful to use personal information obtained in violation of subdivision (a) or (b).(d) (1) Any person that violates this section shall be subject to an injunction and liable for a civil penalty of twenty-five thousand dollars ($25,000) for each violation, which shall be assessed and recovered in a civil action brought in the name of the people of the State of California by the Attorney General. The court may consider the good faith cooperation of the entity or person in determining the amount of the civil penalty.(2) Any civil penalty recovered by an action brought by the Attorney General for a violation of this section, and the proceeds of any settlement of any said action, shall be deposited in the California Reproductive Justice and Freedom Fund established pursuant to Section 140 of the Health and Safety Code.(e) This section shall be implemented consistent with state and federal law.(f) (1) (A) This section does not prohibit any person that owns, operates, manages, or otherwise provides services to an in-person health care entity from geofencing the entitys own location to provide necessary health care services, including the use of location-based alarm devices to monitor newborns and memory-impaired individuals.(B) This section does not prohibit any person that provides reproductive health care services, as defined in Section 1798.300, from utilizing geofencing for the purpose of providing security services to protect patients, staff, or property.(2) Nothing in this section shall exempt any person from complying with any of the following:(A) A lawfully executed search warrant.(B) A lawful subpoena issued pursuant to existing California law.(C) Law enforcement if law enforcement, in good faith, believes that an emergency involving danger of death or serious physical injury to any person requires access to such geofencing data. For purposes of this subparagraph, accessing, procuring, or searching for services regarding contraception, pregnancy care, and perinatal care, including, but not limited to, abortion services, shall not constitute being at risk or danger of death or serious physical injury.(3) Nothing in this section abrogates or limits the requirements of the Electronic Communications Privacy Act (Chapter 3.6 (commencing with Section 1546) of Title 12 of Part 2 of the Penal Code).(4) Nothing in this section shall apply to geofencing activities conducted solely for research purposes by an investigator within an institution that holds an assurance with the federal Department of Health and Human Services pursuant to Part 46 (commencing with Section 46.101) of Title 45 of the Code of Federal Regulations and who obtains informed consent in the method and manner required by those regulations.SEC. 6. Section 1798.99.93 is added to the Civil Code, immediately following Section 1798.99.92, to read:1798.99.93. (a) Research records, in a personally identifying form, developed or acquired by a person in the course of conducting research relating to anyone seeking or obtaining health care services, or relating to personal information, shall be subject to the restrictions on release set forth in this section.(b) Research records, in a personally identifying form, developed or acquired by a person in the course of conducting research relating to anyone seeking or obtaining health care services, or relating to personal information, shall not be released in response to a subpoena or request if that subpoena or request is based on either another states laws that interfere with a persons rights under 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) or a foreign penal civil action, as defined in Section 2029.200 of the Code of Civil Procedure.(c) Research records, in a personally identifying form, developed or acquired by a person in the course of conducting research relating to anyone seeking or obtaining health care services, or relating to personal information, shall not be released to law enforcement for either of the following purposes, unless that release is pursuant to a subpoena not otherwise prohibited by subdivision (b):(1) Enforcement of another states law that interferes with a persons rights under 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).(2) Enforcement of a foreign penal civil action, as defined in Section 2029.200 of the Code of Civil Procedure.SEC. 7. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.SECTION 1.It is the intent of the Legislature to enact legislation to make it unlawful to geofence an entity that provides in-person health care services and to prohibit health care providers from releasing medical research information related to an individual seeking or obtaining an abortion in response to a subpoena or request if that subpoena or request is based on another states laws that interfere with a persons rights under the Reproductive Privacy Act.
Amended IN Assembly March 28, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 45Introduced by Assembly Member Bauer-KahanDecember 02, 2024An act relating to privacy. An act to amend Section 4076 of the Business and Professions Code, and to amend Section 1798.99.90 of, to amend the heading of Title 1.81.49 (commencing with Section 1798.99.90) of Part 4 of Division 3 of, and to add Sections 1798.99.91, 1798.99.92, and 1798.99.93 to, the Civil Code, relating to privacy.LEGISLATIVE COUNSEL'S DIGESTAB 45, as amended, Bauer-Kahan. Privacy: health care data. Privacy: health.Existing law prohibits a person or business, as defined, from collecting, using, disclosing, or retaining the personal information of a person who is physically located at, or within a precise geolocation of, a family planning center, as defined, except as necessary to perform the services or provide the goods requested and not sold or shared. Existing law authorizes an aggrieved person or entity to institute and prosecute a civil action against a person or business for a violation of these provisions and specify damages and costs authorized to be recovered.This bill would recast the above-described provisions, and instead prohibit the collection, use, disclosure, sale, sharing, or retention of the personal information of a natural person who is physically located at, or within a precise geolocation of, a family planning center, except collection or use as necessary to perform the services or provide the goods requested. The bill would authorize an aggrieved person to institute and prosecute a civil action against a natural person, association, proprietorship, corporation, trust, foundation, partnership, or any other organization or group of people acting in concert for a violation of these provisions. The bill would also make other nonsubstantive changes.This bill would, subject to specified exceptions, prohibit geofencing, or selling or sharing personal information with a third party to geofence, as defined, an entity that provides in-person health care services in California for specified purposes, and would prohibit the use of personal information obtained in violation of this provision. The bill would provide that violators are subject to an injunction and liable for a civil penalty assessed and recovered in a civil action brought by the Attorney General, and deposited in the California Reproductive Justice and Freedom Fund. The bill would also provide that a statement signed under penalty of perjury, as specified, that the personal information will not be used for selling or sharing personal information in violation of these geofencing provisions is prima facie evidence that the personal information was not sold or shared in violation of these geofencing provisions. By expanding the crime of perjury, this bill would impose a state-mandated local program.Existing law, the Confidentiality of Medical Information Act (CMIA), generally prohibits a provider of health care, a health care service plan, or a contractor from disclosing medical information regarding a patient, enrollee, or subscriber without first obtaining an authorization, unless a specified exception applies. The CMIA prohibits a provider of health care, a health care service plan, a contractor, or an employer from releasing medical information that would identify an individual or related to an individual seeking or obtaining an abortion in response to a subpoena or a request or to law enforcement if that subpoena, request, or the purpose of law enforcement for the medical information is based on, or for the purpose of enforcement of, either another states laws that interfere with a persons rights to choose or obtain an abortion or a foreign penal civil action.This bill would, similar to the provisions of the CMIA, prohibit the release of research records, in a personally identifying form, developed or acquired by a person in the course of conducting research relating to anyone seeking or obtaining health care services, or relating to personal information, in response to a subpoena or a request or to law enforcement if that subpoena, request, or the purpose of law enforcement for the medical information is based on, or for the purpose of enforcement of, either another states laws that interfere with a persons rights to choose or obtain an abortion or a foreign penal civil action.The Pharmacy Law provides for the licensure and regulation of pharmacists by the California State Board of Pharmacy. That law requires a pharmacist to dispense a prescription in a container that, among other things, is correctly labeled with the name of the prescriber, as specified. This bill would authorize the label for mifepristone, misoprostol, and their generic alternatives to include the name of the prescribing health care practice instead of the name of the prescriber, at the prescribers request.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 no reimbursement is required by this act for a specified reason.Under the California Constitution, the state is prohibited from denying or interfering with an individuals reproductive freedom in their most intimate decisions, including their fundamental right to choose to have an abortion. Existing law, the Reproductive Privacy Act, prohibits the state from denying or interfering with a pregnant persons 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 pregnant person.Existing law prohibits a person or business, as defined, from collecting, using, disclosing, or retaining the personal information of a person who is physically located at, or within a precise geolocation of, a family planning center, as defined, except as necessary to perform the services or provide the goods requested and not sold or shared.This bill would state the intent of the Legislature to enact legislation to make it unlawful to geofence an entity that provides in-person health care services and to prohibit health care providers from releasing medical research information related to an individual seeking or obtaining an abortion in response to a subpoena or request if that subpoena or request is based on another states laws that interfere with a persons rights under the Reproductive Privacy Act.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NOYES
Amended IN Assembly March 28, 2025
Amended IN Assembly March 28, 2025
CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION
Assembly Bill
No. 45
Introduced by Assembly Member Bauer-KahanDecember 02, 2024
Introduced by Assembly Member Bauer-Kahan
December 02, 2024
An act relating to privacy. An act to amend Section 4076 of the Business and Professions Code, and to amend Section 1798.99.90 of, to amend the heading of Title 1.81.49 (commencing with Section 1798.99.90) of Part 4 of Division 3 of, and to add Sections 1798.99.91, 1798.99.92, and 1798.99.93 to, the Civil Code, relating to privacy.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 45, as amended, Bauer-Kahan. Privacy: health care data. Privacy: health.
Existing law prohibits a person or business, as defined, from collecting, using, disclosing, or retaining the personal information of a person who is physically located at, or within a precise geolocation of, a family planning center, as defined, except as necessary to perform the services or provide the goods requested and not sold or shared. Existing law authorizes an aggrieved person or entity to institute and prosecute a civil action against a person or business for a violation of these provisions and specify damages and costs authorized to be recovered.This bill would recast the above-described provisions, and instead prohibit the collection, use, disclosure, sale, sharing, or retention of the personal information of a natural person who is physically located at, or within a precise geolocation of, a family planning center, except collection or use as necessary to perform the services or provide the goods requested. The bill would authorize an aggrieved person to institute and prosecute a civil action against a natural person, association, proprietorship, corporation, trust, foundation, partnership, or any other organization or group of people acting in concert for a violation of these provisions. The bill would also make other nonsubstantive changes.This bill would, subject to specified exceptions, prohibit geofencing, or selling or sharing personal information with a third party to geofence, as defined, an entity that provides in-person health care services in California for specified purposes, and would prohibit the use of personal information obtained in violation of this provision. The bill would provide that violators are subject to an injunction and liable for a civil penalty assessed and recovered in a civil action brought by the Attorney General, and deposited in the California Reproductive Justice and Freedom Fund. The bill would also provide that a statement signed under penalty of perjury, as specified, that the personal information will not be used for selling or sharing personal information in violation of these geofencing provisions is prima facie evidence that the personal information was not sold or shared in violation of these geofencing provisions. By expanding the crime of perjury, this bill would impose a state-mandated local program.Existing law, the Confidentiality of Medical Information Act (CMIA), generally prohibits a provider of health care, a health care service plan, or a contractor from disclosing medical information regarding a patient, enrollee, or subscriber without first obtaining an authorization, unless a specified exception applies. The CMIA prohibits a provider of health care, a health care service plan, a contractor, or an employer from releasing medical information that would identify an individual or related to an individual seeking or obtaining an abortion in response to a subpoena or a request or to law enforcement if that subpoena, request, or the purpose of law enforcement for the medical information is based on, or for the purpose of enforcement of, either another states laws that interfere with a persons rights to choose or obtain an abortion or a foreign penal civil action.This bill would, similar to the provisions of the CMIA, prohibit the release of research records, in a personally identifying form, developed or acquired by a person in the course of conducting research relating to anyone seeking or obtaining health care services, or relating to personal information, in response to a subpoena or a request or to law enforcement if that subpoena, request, or the purpose of law enforcement for the medical information is based on, or for the purpose of enforcement of, either another states laws that interfere with a persons rights to choose or obtain an abortion or a foreign penal civil action.The Pharmacy Law provides for the licensure and regulation of pharmacists by the California State Board of Pharmacy. That law requires a pharmacist to dispense a prescription in a container that, among other things, is correctly labeled with the name of the prescriber, as specified. This bill would authorize the label for mifepristone, misoprostol, and their generic alternatives to include the name of the prescribing health care practice instead of the name of the prescriber, at the prescribers request.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 no reimbursement is required by this act for a specified reason.Under the California Constitution, the state is prohibited from denying or interfering with an individuals reproductive freedom in their most intimate decisions, including their fundamental right to choose to have an abortion. Existing law, the Reproductive Privacy Act, prohibits the state from denying or interfering with a pregnant persons 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 pregnant person.Existing law prohibits a person or business, as defined, from collecting, using, disclosing, or retaining the personal information of a person who is physically located at, or within a precise geolocation of, a family planning center, as defined, except as necessary to perform the services or provide the goods requested and not sold or shared.This bill would state the intent of the Legislature to enact legislation to make it unlawful to geofence an entity that provides in-person health care services and to prohibit health care providers from releasing medical research information related to an individual seeking or obtaining an abortion in response to a subpoena or request if that subpoena or request is based on another states laws that interfere with a persons rights under the Reproductive Privacy Act.
Existing law prohibits a person or business, as defined, from collecting, using, disclosing, or retaining the personal information of a person who is physically located at, or within a precise geolocation of, a family planning center, as defined, except as necessary to perform the services or provide the goods requested and not sold or shared. Existing law authorizes an aggrieved person or entity to institute and prosecute a civil action against a person or business for a violation of these provisions and specify damages and costs authorized to be recovered.
This bill would recast the above-described provisions, and instead prohibit the collection, use, disclosure, sale, sharing, or retention of the personal information of a natural person who is physically located at, or within a precise geolocation of, a family planning center, except collection or use as necessary to perform the services or provide the goods requested. The bill would authorize an aggrieved person to institute and prosecute a civil action against a natural person, association, proprietorship, corporation, trust, foundation, partnership, or any other organization or group of people acting in concert for a violation of these provisions. The bill would also make other nonsubstantive changes.
This bill would, subject to specified exceptions, prohibit geofencing, or selling or sharing personal information with a third party to geofence, as defined, an entity that provides in-person health care services in California for specified purposes, and would prohibit the use of personal information obtained in violation of this provision. The bill would provide that violators are subject to an injunction and liable for a civil penalty assessed and recovered in a civil action brought by the Attorney General, and deposited in the California Reproductive Justice and Freedom Fund. The bill would also provide that a statement signed under penalty of perjury, as specified, that the personal information will not be used for selling or sharing personal information in violation of these geofencing provisions is prima facie evidence that the personal information was not sold or shared in violation of these geofencing provisions. By expanding the crime of perjury, this bill would impose a state-mandated local program.
Existing law, the Confidentiality of Medical Information Act (CMIA), generally prohibits a provider of health care, a health care service plan, or a contractor from disclosing medical information regarding a patient, enrollee, or subscriber without first obtaining an authorization, unless a specified exception applies. The CMIA prohibits a provider of health care, a health care service plan, a contractor, or an employer from releasing medical information that would identify an individual or related to an individual seeking or obtaining an abortion in response to a subpoena or a request or to law enforcement if that subpoena, request, or the purpose of law enforcement for the medical information is based on, or for the purpose of enforcement of, either another states laws that interfere with a persons rights to choose or obtain an abortion or a foreign penal civil action.
This bill would, similar to the provisions of the CMIA, prohibit the release of research records, in a personally identifying form, developed or acquired by a person in the course of conducting research relating to anyone seeking or obtaining health care services, or relating to personal information, in response to a subpoena or a request or to law enforcement if that subpoena, request, or the purpose of law enforcement for the medical information is based on, or for the purpose of enforcement of, either another states laws that interfere with a persons rights to choose or obtain an abortion or a foreign penal civil action.
The Pharmacy Law provides for the licensure and regulation of pharmacists by the California State Board of Pharmacy. That law requires a pharmacist to dispense a prescription in a container that, among other things, is correctly labeled with the name of the prescriber, as specified.
This bill would authorize the label for mifepristone, misoprostol, and their generic alternatives to include the name of the prescribing health care practice instead of the name of the prescriber, at the prescribers request.
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 no reimbursement is required by this act for a specified reason.
Under the California Constitution, the state is prohibited from denying or interfering with an individuals reproductive freedom in their most intimate decisions, including their fundamental right to choose to have an abortion. Existing law, the Reproductive Privacy Act, prohibits the state from denying or interfering with a pregnant persons 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 pregnant person.
Existing law prohibits a person or business, as defined, from collecting, using, disclosing, or retaining the personal information of a person who is physically located at, or within a precise geolocation of, a family planning center, as defined, except as necessary to perform the services or provide the goods requested and not sold or shared.
This bill would state the intent of the Legislature to enact legislation to make it unlawful to geofence an entity that provides in-person health care services and to prohibit health care providers from releasing medical research information related to an individual seeking or obtaining an abortion in response to a subpoena or request if that subpoena or request is based on another states laws that interfere with a persons rights under the Reproductive Privacy Act.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 4076 of the Business and Professions Code is amended to read:4076. (a) A pharmacist shall not dispense a prescription except in a container that meets the requirements of state and federal law and is correctly labeled with all of the following:(1) Except when the prescriber or the certified nurse-midwife who functions pursuant to a standardized procedure or protocol described in Section 2746.51, the nurse practitioner who functions pursuant to a standardized procedure described in Section 2836.1 or protocol, the physician assistant who functions pursuant to Section 3502.1, the naturopathic doctor who functions pursuant to a standardized procedure or protocol described in Section 3640.5, or the pharmacist who functions pursuant to a policy, procedure, or protocol pursuant to Section 4052.1, 4052.2, or 4052.6 orders otherwise, either the manufacturers trade name of the drug or the generic name and the name of the manufacturer. Commonly used abbreviations may be used. Preparations containing two or more active ingredients may be identified by the manufacturers trade name or the commonly used name or the principal active ingredients.(2) The directions for the use of the drug.(3) The name of the patient or patients.(4) The name of the prescriber or, if applicable, the name of the certified nurse-midwife who functions pursuant to a standardized procedure or protocol described in Section 2746.51, the nurse practitioner who functions pursuant to a standardized procedure described in Section 2836.1 or protocol, the physician assistant who functions pursuant to Section 3502.1, the naturopathic doctor who functions pursuant to a standardized procedure or protocol described in Section 3640.5, or the pharmacist who functions pursuant to a policy, procedure, or protocol pursuant to Section 4052.1, 4052.2, or 4052.6.(5) The date of issue.(6) The name and address of the pharmacy, and prescription number or other means of identifying the prescription.(7) The strength of the drug or drugs dispensed.(8) The quantity of the drug or drugs dispensed.(9) The expiration date of the effectiveness of the drug dispensed.(10) The condition or purpose for which the drug was prescribed if the condition or purpose is indicated on the prescription.(11) (A) Commencing January 1, 2006, the physical description of the dispensed medication, including its color, shape, and any identification code that appears on the tablets or capsules, except as follows:(i) Prescriptions dispensed by a veterinarian.(ii) An exemption from the requirements of this paragraph shall be granted to a new drug for the first 120 days that the drug is on the market and for the 90 days during which the national reference file has no description on file.(iii) Dispensed medications for which no physical description exists in a commercially available database.(B) This paragraph applies to outpatient pharmacies only.(C) The information required by this paragraph may be printed on an auxiliary label that is affixed to the prescription container.(D) This paragraph shall not become operative if the board, prior to January 1, 2006, adopts regulations that mandate the same labeling requirements set forth in this paragraph.(b) If a pharmacist dispenses a prescribed drug by means of a unit dose medication system, as defined by administrative regulation, for a patient in a skilled nursing, intermediate care, or other health care facility, the requirements of this section will be satisfied if the unit dose medication system contains the aforementioned information or the information is otherwise readily available at the time of drug administration.(c) If a pharmacist dispenses a dangerous drug or device in a facility licensed pursuant to Section 1250 of the Health and Safety Code, it is not necessary to include on individual unit dose containers for a specific patient, the name of the certified nurse-midwife who functions pursuant to a standardized procedure or protocol described in Section 2746.51, the nurse practitioner who functions pursuant to a standardized procedure described in Section 2836.1 or protocol, the physician assistant who functions pursuant to Section 3502.1, the naturopathic doctor who functions pursuant to a standardized procedure or protocol described in Section 3640.5, or the pharmacist who functions pursuant to a policy, procedure, or protocol pursuant to Section 4052.1, 4052.2, or 4052.6.(d) If a pharmacist dispenses a prescription drug for use in a facility licensed pursuant to Section 1250 of the Health and Safety Code, it is not necessary to include the information required in paragraph (11) of subdivision (a) when the prescription drug is administered to a patient by a person licensed under the Medical Practice Act (Chapter 5 (commencing with Section 2000)), the Nursing Practice Act (Chapter 6 (commencing with Section 2700)), or the Vocational Nursing Practice Act (Chapter 6.5 (commencing with Section 2840)), who is acting within the scope of practice.(e) A pharmacist shall use professional judgment to provide a patient with directions for use that enhance the patients understanding of those directions, consistent with the prescribers instructions.(f) Notwithstanding subdivision (a) or any other law, a pharmacist may dispense a drug prescribed pursuant to Section 120582 of the Health and Safety Code and label the drug without the name of an individual for whom the drug is intended if the prescription includes the words expedited partner therapy or the letters EPT.(g) A pharmacist who prescribes, dispenses, furnishes, or otherwise renders EPT, as authorized in subdivision (f), shall not be liable in, and shall not be subject to, a civil, criminal, or administrative action, sanction, or penalty for rendering EPT, if the use of EPT is in compliance with this section, except in cases of intentional misconduct, gross negligence, or wanton or reckless activity.(h) A pharmacist who provides EPT under this section shall provide written notification that describes the right of an individual who receives EPT to consult with a pharmacist about the medication dispensed and additional information regarding possible drug interactions.(i) Notwithstanding paragraph (4) of subdivision (a), at the prescribers request, the label for mifepristone, misoprostol, and their generic alternatives may include the name of the prescribing health care practice instead of the name of the prescriber.SEC. 2. The heading of Title 1.81.49 (commencing with Section 1798.99.90) of Part 4 of Division 3 of the Civil Code is amended to read:TITLE 1.81.49. Family Planning Center Health and Location Data PrivacySEC. 3. Section 1798.99.90 of the Civil Code is amended to read:1798.99.90.(a)A person or business shall not collect, use, disclose, or retain the personal information of a person who is physically located at, or within a precise geolocation of, a family planning center, except as specified in subdivision (c).(b)1798.99.90. For purposes of this section, title, the following definitions apply:(1)Business means the same as defined in subdivision (c) of Section 1798.140.(2)Collect means the same as defined in subdivision (f) of Section 1798.140.(a) Collect, collected, or collection means buying, renting, gathering, obtaining, receiving, or accessing any personal information pertaining to a natural person by any means. This includes receiving information from the natural person, either actively or passively, or by observing the natural persons behavior.(3)(b) Family planning center means a business facility categorized as a family planning center by the North American Industry Classification System adopted by the United States Census Bureau, including, but not limited to, a clinic or center that provides reproductive health care services as defined in Section 1798.300 of the Civil Code. 1798.300.(c) Geofence means any technology that enables spatial or location detection to establish a virtual boundary around, and detect an individuals presence within, a precise geolocation as defined in subdivision (w) of Section 1798.140.(d) Health care services means any service provided to a natural person of a medical, surgical, psychiatric, therapeutic, diagnostic, mental health, behavioral health, preventative, rehabilitative, supportive, consultative, referral, or prescribing nature.(e) Person means a natural person, association, proprietorship, corporation, trust, foundation, partnership, or any other organization or group of people acting in concert.(4)(f) Personal information has the same definition as that term is defined in subdivision (v) of Section 1798.140, except as applied to all natural persons and not limited to consumers and households, as those terms are defined in subdivisions (i) and (q), respectively, of that section.(5)(g) Precise geolocation means a geographic area that is equal to or less than the area of a circle with a radius of 1,850 feet as derived from a device that is used or intended to be used to locate a person. If the geographic scope of the term precise geolocation as defined in Section 1798.140 is expanded beyond 1,850 feet, then that larger scope shall apply to this definition of precise geolocation.(c)A person or business shall not collect, use, disclose, or retain the personal information of a person who is physically located at, or within a precise geolocation of, a family planning center, except only as necessary to perform the services or provide the goods requested by the person. A person or business shall not sell or share this personal information.(d)(1)An aggrieved person or entity, including a family planning center, may institute and prosecute a civil action against any person or business who violates this section for injunctive and monetary relief and attorneys fees within three years of discovery of the violation.(2)If the court finds for the petitioner in an action authorized by paragraph (1), recovery shall be in the amount of three times the amount of actual damages and any other expenses, costs, or reasonable attorneys fees incurred in connection with the litigation.(e)This section does not apply to a provider of health care, a health care service plan, or contractor, as those terms are defined in Section 56.05.(6)Sell means the same as defined in subdivision (ad) of Section 1798.140.(7)Share means the same as defined in subdivision (ah) of Section 1798.140.(h) Research means systematic investigation, including research development, testing, and evaluation, that has as its primary purpose the development of, or contribution to, generalizable knowledge.(i) Sell, selling, sale, or sold means selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a natural persons personal information by another person to a third party for monetary or other valuable consideration.(j) Share, shared, or sharing means sharing, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a natural persons personal information by another person to a third party, whether or not for monetary or other valuable consideration.SEC. 4. Section 1798.99.91 is added to the Civil Code, immediately following Section 1798.99.90, to read:1798.99.91. (a) It shall be unlawful to collect, use, disclose, sell, share, or retain the personal information of a natural person who is physically located at, or within a precise geolocation of, a family planning center, except as specified in subdivision (b).(b) Notwithstanding subdivision (a), it is permissible to collect or use the personal information of a natural person who is physically located at, or within a precise geolocation of, a family planning center, but only as necessary to perform the services or provide the goods requested by the natural person. All other prohibitions under subdivision (a) shall continue to apply.(c) (1) An aggrieved person or entity, including a family planning center, may institute and prosecute a civil action against any person who violates this section for injunctive and monetary relief and attorneys fees within three years of discovery of the violation.(2) If the court finds for the petitioner in an action authorized by paragraph (1), recovery shall be in the amount of three times the amount of actual damages and any other expenses, costs, or reasonable attorneys fees incurred in connection with the litigation.(d) This section does not apply to a provider of health care, a health care service plan, or contractor, as those terms are defined in Section 56.05.SEC. 5. Section 1798.99.92 is added to the Civil Code, immediately following Section 1798.99.91, to read:1798.99.92. (a) Except as provided in subdivision (f), it shall be unlawful to geofence an entity that provides in-person health care services in California for any of the following purposes:(1) To identify or track a person seeking, receiving, or providing health care services.(2) To collect personal information from a person seeking, receiving, or providing health care services.(3) To send notifications to a person related to their personal information or health care services.(4) To send advertisements to a person related to the persons personal information or health care services.(b) It shall be unlawful to sell personal information to, or share personal information with, a third party for the use of such information to violate subdivision (a). A statement signed under penalty of perjury, pursuant to Section 2015.5 of the Code of Civil Procedure, by a natural person authorized to enter into agreements on behalf of the third party that the personal information will not be used for these purposes shall be prima facie evidence that the personal information was not sold or shared in violation of this subdivision.(c) Except as provided in subdivision (f), it shall be unlawful to use personal information obtained in violation of subdivision (a) or (b).(d) (1) Any person that violates this section shall be subject to an injunction and liable for a civil penalty of twenty-five thousand dollars ($25,000) for each violation, which shall be assessed and recovered in a civil action brought in the name of the people of the State of California by the Attorney General. The court may consider the good faith cooperation of the entity or person in determining the amount of the civil penalty.(2) Any civil penalty recovered by an action brought by the Attorney General for a violation of this section, and the proceeds of any settlement of any said action, shall be deposited in the California Reproductive Justice and Freedom Fund established pursuant to Section 140 of the Health and Safety Code.(e) This section shall be implemented consistent with state and federal law.(f) (1) (A) This section does not prohibit any person that owns, operates, manages, or otherwise provides services to an in-person health care entity from geofencing the entitys own location to provide necessary health care services, including the use of location-based alarm devices to monitor newborns and memory-impaired individuals.(B) This section does not prohibit any person that provides reproductive health care services, as defined in Section 1798.300, from utilizing geofencing for the purpose of providing security services to protect patients, staff, or property.(2) Nothing in this section shall exempt any person from complying with any of the following:(A) A lawfully executed search warrant.(B) A lawful subpoena issued pursuant to existing California law.(C) Law enforcement if law enforcement, in good faith, believes that an emergency involving danger of death or serious physical injury to any person requires access to such geofencing data. For purposes of this subparagraph, accessing, procuring, or searching for services regarding contraception, pregnancy care, and perinatal care, including, but not limited to, abortion services, shall not constitute being at risk or danger of death or serious physical injury.(3) Nothing in this section abrogates or limits the requirements of the Electronic Communications Privacy Act (Chapter 3.6 (commencing with Section 1546) of Title 12 of Part 2 of the Penal Code).(4) Nothing in this section shall apply to geofencing activities conducted solely for research purposes by an investigator within an institution that holds an assurance with the federal Department of Health and Human Services pursuant to Part 46 (commencing with Section 46.101) of Title 45 of the Code of Federal Regulations and who obtains informed consent in the method and manner required by those regulations.SEC. 6. Section 1798.99.93 is added to the Civil Code, immediately following Section 1798.99.92, to read:1798.99.93. (a) Research records, in a personally identifying form, developed or acquired by a person in the course of conducting research relating to anyone seeking or obtaining health care services, or relating to personal information, shall be subject to the restrictions on release set forth in this section.(b) Research records, in a personally identifying form, developed or acquired by a person in the course of conducting research relating to anyone seeking or obtaining health care services, or relating to personal information, shall not be released in response to a subpoena or request if that subpoena or request is based on either another states laws that interfere with a persons rights under 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) or a foreign penal civil action, as defined in Section 2029.200 of the Code of Civil Procedure.(c) Research records, in a personally identifying form, developed or acquired by a person in the course of conducting research relating to anyone seeking or obtaining health care services, or relating to personal information, shall not be released to law enforcement for either of the following purposes, unless that release is pursuant to a subpoena not otherwise prohibited by subdivision (b):(1) Enforcement of another states law that interferes with a persons rights under 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).(2) Enforcement of a foreign penal civil action, as defined in Section 2029.200 of the Code of Civil Procedure.SEC. 7. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.SECTION 1.It is the intent of the Legislature to enact legislation to make it unlawful to geofence an entity that provides in-person health care services and to prohibit health care providers from releasing medical research information related to an individual seeking or obtaining an abortion in response to a subpoena or request if that subpoena or request is based on another states laws that interfere with a persons rights under the Reproductive Privacy Act.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 4076 of the Business and Professions Code is amended to read:4076. (a) A pharmacist shall not dispense a prescription except in a container that meets the requirements of state and federal law and is correctly labeled with all of the following:(1) Except when the prescriber or the certified nurse-midwife who functions pursuant to a standardized procedure or protocol described in Section 2746.51, the nurse practitioner who functions pursuant to a standardized procedure described in Section 2836.1 or protocol, the physician assistant who functions pursuant to Section 3502.1, the naturopathic doctor who functions pursuant to a standardized procedure or protocol described in Section 3640.5, or the pharmacist who functions pursuant to a policy, procedure, or protocol pursuant to Section 4052.1, 4052.2, or 4052.6 orders otherwise, either the manufacturers trade name of the drug or the generic name and the name of the manufacturer. Commonly used abbreviations may be used. Preparations containing two or more active ingredients may be identified by the manufacturers trade name or the commonly used name or the principal active ingredients.(2) The directions for the use of the drug.(3) The name of the patient or patients.(4) The name of the prescriber or, if applicable, the name of the certified nurse-midwife who functions pursuant to a standardized procedure or protocol described in Section 2746.51, the nurse practitioner who functions pursuant to a standardized procedure described in Section 2836.1 or protocol, the physician assistant who functions pursuant to Section 3502.1, the naturopathic doctor who functions pursuant to a standardized procedure or protocol described in Section 3640.5, or the pharmacist who functions pursuant to a policy, procedure, or protocol pursuant to Section 4052.1, 4052.2, or 4052.6.(5) The date of issue.(6) The name and address of the pharmacy, and prescription number or other means of identifying the prescription.(7) The strength of the drug or drugs dispensed.(8) The quantity of the drug or drugs dispensed.(9) The expiration date of the effectiveness of the drug dispensed.(10) The condition or purpose for which the drug was prescribed if the condition or purpose is indicated on the prescription.(11) (A) Commencing January 1, 2006, the physical description of the dispensed medication, including its color, shape, and any identification code that appears on the tablets or capsules, except as follows:(i) Prescriptions dispensed by a veterinarian.(ii) An exemption from the requirements of this paragraph shall be granted to a new drug for the first 120 days that the drug is on the market and for the 90 days during which the national reference file has no description on file.(iii) Dispensed medications for which no physical description exists in a commercially available database.(B) This paragraph applies to outpatient pharmacies only.(C) The information required by this paragraph may be printed on an auxiliary label that is affixed to the prescription container.(D) This paragraph shall not become operative if the board, prior to January 1, 2006, adopts regulations that mandate the same labeling requirements set forth in this paragraph.(b) If a pharmacist dispenses a prescribed drug by means of a unit dose medication system, as defined by administrative regulation, for a patient in a skilled nursing, intermediate care, or other health care facility, the requirements of this section will be satisfied if the unit dose medication system contains the aforementioned information or the information is otherwise readily available at the time of drug administration.(c) If a pharmacist dispenses a dangerous drug or device in a facility licensed pursuant to Section 1250 of the Health and Safety Code, it is not necessary to include on individual unit dose containers for a specific patient, the name of the certified nurse-midwife who functions pursuant to a standardized procedure or protocol described in Section 2746.51, the nurse practitioner who functions pursuant to a standardized procedure described in Section 2836.1 or protocol, the physician assistant who functions pursuant to Section 3502.1, the naturopathic doctor who functions pursuant to a standardized procedure or protocol described in Section 3640.5, or the pharmacist who functions pursuant to a policy, procedure, or protocol pursuant to Section 4052.1, 4052.2, or 4052.6.(d) If a pharmacist dispenses a prescription drug for use in a facility licensed pursuant to Section 1250 of the Health and Safety Code, it is not necessary to include the information required in paragraph (11) of subdivision (a) when the prescription drug is administered to a patient by a person licensed under the Medical Practice Act (Chapter 5 (commencing with Section 2000)), the Nursing Practice Act (Chapter 6 (commencing with Section 2700)), or the Vocational Nursing Practice Act (Chapter 6.5 (commencing with Section 2840)), who is acting within the scope of practice.(e) A pharmacist shall use professional judgment to provide a patient with directions for use that enhance the patients understanding of those directions, consistent with the prescribers instructions.(f) Notwithstanding subdivision (a) or any other law, a pharmacist may dispense a drug prescribed pursuant to Section 120582 of the Health and Safety Code and label the drug without the name of an individual for whom the drug is intended if the prescription includes the words expedited partner therapy or the letters EPT.(g) A pharmacist who prescribes, dispenses, furnishes, or otherwise renders EPT, as authorized in subdivision (f), shall not be liable in, and shall not be subject to, a civil, criminal, or administrative action, sanction, or penalty for rendering EPT, if the use of EPT is in compliance with this section, except in cases of intentional misconduct, gross negligence, or wanton or reckless activity.(h) A pharmacist who provides EPT under this section shall provide written notification that describes the right of an individual who receives EPT to consult with a pharmacist about the medication dispensed and additional information regarding possible drug interactions.(i) Notwithstanding paragraph (4) of subdivision (a), at the prescribers request, the label for mifepristone, misoprostol, and their generic alternatives may include the name of the prescribing health care practice instead of the name of the prescriber.
SECTION 1. Section 4076 of the Business and Professions Code is amended to read:
### SECTION 1.
4076. (a) A pharmacist shall not dispense a prescription except in a container that meets the requirements of state and federal law and is correctly labeled with all of the following:(1) Except when the prescriber or the certified nurse-midwife who functions pursuant to a standardized procedure or protocol described in Section 2746.51, the nurse practitioner who functions pursuant to a standardized procedure described in Section 2836.1 or protocol, the physician assistant who functions pursuant to Section 3502.1, the naturopathic doctor who functions pursuant to a standardized procedure or protocol described in Section 3640.5, or the pharmacist who functions pursuant to a policy, procedure, or protocol pursuant to Section 4052.1, 4052.2, or 4052.6 orders otherwise, either the manufacturers trade name of the drug or the generic name and the name of the manufacturer. Commonly used abbreviations may be used. Preparations containing two or more active ingredients may be identified by the manufacturers trade name or the commonly used name or the principal active ingredients.(2) The directions for the use of the drug.(3) The name of the patient or patients.(4) The name of the prescriber or, if applicable, the name of the certified nurse-midwife who functions pursuant to a standardized procedure or protocol described in Section 2746.51, the nurse practitioner who functions pursuant to a standardized procedure described in Section 2836.1 or protocol, the physician assistant who functions pursuant to Section 3502.1, the naturopathic doctor who functions pursuant to a standardized procedure or protocol described in Section 3640.5, or the pharmacist who functions pursuant to a policy, procedure, or protocol pursuant to Section 4052.1, 4052.2, or 4052.6.(5) The date of issue.(6) The name and address of the pharmacy, and prescription number or other means of identifying the prescription.(7) The strength of the drug or drugs dispensed.(8) The quantity of the drug or drugs dispensed.(9) The expiration date of the effectiveness of the drug dispensed.(10) The condition or purpose for which the drug was prescribed if the condition or purpose is indicated on the prescription.(11) (A) Commencing January 1, 2006, the physical description of the dispensed medication, including its color, shape, and any identification code that appears on the tablets or capsules, except as follows:(i) Prescriptions dispensed by a veterinarian.(ii) An exemption from the requirements of this paragraph shall be granted to a new drug for the first 120 days that the drug is on the market and for the 90 days during which the national reference file has no description on file.(iii) Dispensed medications for which no physical description exists in a commercially available database.(B) This paragraph applies to outpatient pharmacies only.(C) The information required by this paragraph may be printed on an auxiliary label that is affixed to the prescription container.(D) This paragraph shall not become operative if the board, prior to January 1, 2006, adopts regulations that mandate the same labeling requirements set forth in this paragraph.(b) If a pharmacist dispenses a prescribed drug by means of a unit dose medication system, as defined by administrative regulation, for a patient in a skilled nursing, intermediate care, or other health care facility, the requirements of this section will be satisfied if the unit dose medication system contains the aforementioned information or the information is otherwise readily available at the time of drug administration.(c) If a pharmacist dispenses a dangerous drug or device in a facility licensed pursuant to Section 1250 of the Health and Safety Code, it is not necessary to include on individual unit dose containers for a specific patient, the name of the certified nurse-midwife who functions pursuant to a standardized procedure or protocol described in Section 2746.51, the nurse practitioner who functions pursuant to a standardized procedure described in Section 2836.1 or protocol, the physician assistant who functions pursuant to Section 3502.1, the naturopathic doctor who functions pursuant to a standardized procedure or protocol described in Section 3640.5, or the pharmacist who functions pursuant to a policy, procedure, or protocol pursuant to Section 4052.1, 4052.2, or 4052.6.(d) If a pharmacist dispenses a prescription drug for use in a facility licensed pursuant to Section 1250 of the Health and Safety Code, it is not necessary to include the information required in paragraph (11) of subdivision (a) when the prescription drug is administered to a patient by a person licensed under the Medical Practice Act (Chapter 5 (commencing with Section 2000)), the Nursing Practice Act (Chapter 6 (commencing with Section 2700)), or the Vocational Nursing Practice Act (Chapter 6.5 (commencing with Section 2840)), who is acting within the scope of practice.(e) A pharmacist shall use professional judgment to provide a patient with directions for use that enhance the patients understanding of those directions, consistent with the prescribers instructions.(f) Notwithstanding subdivision (a) or any other law, a pharmacist may dispense a drug prescribed pursuant to Section 120582 of the Health and Safety Code and label the drug without the name of an individual for whom the drug is intended if the prescription includes the words expedited partner therapy or the letters EPT.(g) A pharmacist who prescribes, dispenses, furnishes, or otherwise renders EPT, as authorized in subdivision (f), shall not be liable in, and shall not be subject to, a civil, criminal, or administrative action, sanction, or penalty for rendering EPT, if the use of EPT is in compliance with this section, except in cases of intentional misconduct, gross negligence, or wanton or reckless activity.(h) A pharmacist who provides EPT under this section shall provide written notification that describes the right of an individual who receives EPT to consult with a pharmacist about the medication dispensed and additional information regarding possible drug interactions.(i) Notwithstanding paragraph (4) of subdivision (a), at the prescribers request, the label for mifepristone, misoprostol, and their generic alternatives may include the name of the prescribing health care practice instead of the name of the prescriber.
4076. (a) A pharmacist shall not dispense a prescription except in a container that meets the requirements of state and federal law and is correctly labeled with all of the following:(1) Except when the prescriber or the certified nurse-midwife who functions pursuant to a standardized procedure or protocol described in Section 2746.51, the nurse practitioner who functions pursuant to a standardized procedure described in Section 2836.1 or protocol, the physician assistant who functions pursuant to Section 3502.1, the naturopathic doctor who functions pursuant to a standardized procedure or protocol described in Section 3640.5, or the pharmacist who functions pursuant to a policy, procedure, or protocol pursuant to Section 4052.1, 4052.2, or 4052.6 orders otherwise, either the manufacturers trade name of the drug or the generic name and the name of the manufacturer. Commonly used abbreviations may be used. Preparations containing two or more active ingredients may be identified by the manufacturers trade name or the commonly used name or the principal active ingredients.(2) The directions for the use of the drug.(3) The name of the patient or patients.(4) The name of the prescriber or, if applicable, the name of the certified nurse-midwife who functions pursuant to a standardized procedure or protocol described in Section 2746.51, the nurse practitioner who functions pursuant to a standardized procedure described in Section 2836.1 or protocol, the physician assistant who functions pursuant to Section 3502.1, the naturopathic doctor who functions pursuant to a standardized procedure or protocol described in Section 3640.5, or the pharmacist who functions pursuant to a policy, procedure, or protocol pursuant to Section 4052.1, 4052.2, or 4052.6.(5) The date of issue.(6) The name and address of the pharmacy, and prescription number or other means of identifying the prescription.(7) The strength of the drug or drugs dispensed.(8) The quantity of the drug or drugs dispensed.(9) The expiration date of the effectiveness of the drug dispensed.(10) The condition or purpose for which the drug was prescribed if the condition or purpose is indicated on the prescription.(11) (A) Commencing January 1, 2006, the physical description of the dispensed medication, including its color, shape, and any identification code that appears on the tablets or capsules, except as follows:(i) Prescriptions dispensed by a veterinarian.(ii) An exemption from the requirements of this paragraph shall be granted to a new drug for the first 120 days that the drug is on the market and for the 90 days during which the national reference file has no description on file.(iii) Dispensed medications for which no physical description exists in a commercially available database.(B) This paragraph applies to outpatient pharmacies only.(C) The information required by this paragraph may be printed on an auxiliary label that is affixed to the prescription container.(D) This paragraph shall not become operative if the board, prior to January 1, 2006, adopts regulations that mandate the same labeling requirements set forth in this paragraph.(b) If a pharmacist dispenses a prescribed drug by means of a unit dose medication system, as defined by administrative regulation, for a patient in a skilled nursing, intermediate care, or other health care facility, the requirements of this section will be satisfied if the unit dose medication system contains the aforementioned information or the information is otherwise readily available at the time of drug administration.(c) If a pharmacist dispenses a dangerous drug or device in a facility licensed pursuant to Section 1250 of the Health and Safety Code, it is not necessary to include on individual unit dose containers for a specific patient, the name of the certified nurse-midwife who functions pursuant to a standardized procedure or protocol described in Section 2746.51, the nurse practitioner who functions pursuant to a standardized procedure described in Section 2836.1 or protocol, the physician assistant who functions pursuant to Section 3502.1, the naturopathic doctor who functions pursuant to a standardized procedure or protocol described in Section 3640.5, or the pharmacist who functions pursuant to a policy, procedure, or protocol pursuant to Section 4052.1, 4052.2, or 4052.6.(d) If a pharmacist dispenses a prescription drug for use in a facility licensed pursuant to Section 1250 of the Health and Safety Code, it is not necessary to include the information required in paragraph (11) of subdivision (a) when the prescription drug is administered to a patient by a person licensed under the Medical Practice Act (Chapter 5 (commencing with Section 2000)), the Nursing Practice Act (Chapter 6 (commencing with Section 2700)), or the Vocational Nursing Practice Act (Chapter 6.5 (commencing with Section 2840)), who is acting within the scope of practice.(e) A pharmacist shall use professional judgment to provide a patient with directions for use that enhance the patients understanding of those directions, consistent with the prescribers instructions.(f) Notwithstanding subdivision (a) or any other law, a pharmacist may dispense a drug prescribed pursuant to Section 120582 of the Health and Safety Code and label the drug without the name of an individual for whom the drug is intended if the prescription includes the words expedited partner therapy or the letters EPT.(g) A pharmacist who prescribes, dispenses, furnishes, or otherwise renders EPT, as authorized in subdivision (f), shall not be liable in, and shall not be subject to, a civil, criminal, or administrative action, sanction, or penalty for rendering EPT, if the use of EPT is in compliance with this section, except in cases of intentional misconduct, gross negligence, or wanton or reckless activity.(h) A pharmacist who provides EPT under this section shall provide written notification that describes the right of an individual who receives EPT to consult with a pharmacist about the medication dispensed and additional information regarding possible drug interactions.(i) Notwithstanding paragraph (4) of subdivision (a), at the prescribers request, the label for mifepristone, misoprostol, and their generic alternatives may include the name of the prescribing health care practice instead of the name of the prescriber.
4076. (a) A pharmacist shall not dispense a prescription except in a container that meets the requirements of state and federal law and is correctly labeled with all of the following:(1) Except when the prescriber or the certified nurse-midwife who functions pursuant to a standardized procedure or protocol described in Section 2746.51, the nurse practitioner who functions pursuant to a standardized procedure described in Section 2836.1 or protocol, the physician assistant who functions pursuant to Section 3502.1, the naturopathic doctor who functions pursuant to a standardized procedure or protocol described in Section 3640.5, or the pharmacist who functions pursuant to a policy, procedure, or protocol pursuant to Section 4052.1, 4052.2, or 4052.6 orders otherwise, either the manufacturers trade name of the drug or the generic name and the name of the manufacturer. Commonly used abbreviations may be used. Preparations containing two or more active ingredients may be identified by the manufacturers trade name or the commonly used name or the principal active ingredients.(2) The directions for the use of the drug.(3) The name of the patient or patients.(4) The name of the prescriber or, if applicable, the name of the certified nurse-midwife who functions pursuant to a standardized procedure or protocol described in Section 2746.51, the nurse practitioner who functions pursuant to a standardized procedure described in Section 2836.1 or protocol, the physician assistant who functions pursuant to Section 3502.1, the naturopathic doctor who functions pursuant to a standardized procedure or protocol described in Section 3640.5, or the pharmacist who functions pursuant to a policy, procedure, or protocol pursuant to Section 4052.1, 4052.2, or 4052.6.(5) The date of issue.(6) The name and address of the pharmacy, and prescription number or other means of identifying the prescription.(7) The strength of the drug or drugs dispensed.(8) The quantity of the drug or drugs dispensed.(9) The expiration date of the effectiveness of the drug dispensed.(10) The condition or purpose for which the drug was prescribed if the condition or purpose is indicated on the prescription.(11) (A) Commencing January 1, 2006, the physical description of the dispensed medication, including its color, shape, and any identification code that appears on the tablets or capsules, except as follows:(i) Prescriptions dispensed by a veterinarian.(ii) An exemption from the requirements of this paragraph shall be granted to a new drug for the first 120 days that the drug is on the market and for the 90 days during which the national reference file has no description on file.(iii) Dispensed medications for which no physical description exists in a commercially available database.(B) This paragraph applies to outpatient pharmacies only.(C) The information required by this paragraph may be printed on an auxiliary label that is affixed to the prescription container.(D) This paragraph shall not become operative if the board, prior to January 1, 2006, adopts regulations that mandate the same labeling requirements set forth in this paragraph.(b) If a pharmacist dispenses a prescribed drug by means of a unit dose medication system, as defined by administrative regulation, for a patient in a skilled nursing, intermediate care, or other health care facility, the requirements of this section will be satisfied if the unit dose medication system contains the aforementioned information or the information is otherwise readily available at the time of drug administration.(c) If a pharmacist dispenses a dangerous drug or device in a facility licensed pursuant to Section 1250 of the Health and Safety Code, it is not necessary to include on individual unit dose containers for a specific patient, the name of the certified nurse-midwife who functions pursuant to a standardized procedure or protocol described in Section 2746.51, the nurse practitioner who functions pursuant to a standardized procedure described in Section 2836.1 or protocol, the physician assistant who functions pursuant to Section 3502.1, the naturopathic doctor who functions pursuant to a standardized procedure or protocol described in Section 3640.5, or the pharmacist who functions pursuant to a policy, procedure, or protocol pursuant to Section 4052.1, 4052.2, or 4052.6.(d) If a pharmacist dispenses a prescription drug for use in a facility licensed pursuant to Section 1250 of the Health and Safety Code, it is not necessary to include the information required in paragraph (11) of subdivision (a) when the prescription drug is administered to a patient by a person licensed under the Medical Practice Act (Chapter 5 (commencing with Section 2000)), the Nursing Practice Act (Chapter 6 (commencing with Section 2700)), or the Vocational Nursing Practice Act (Chapter 6.5 (commencing with Section 2840)), who is acting within the scope of practice.(e) A pharmacist shall use professional judgment to provide a patient with directions for use that enhance the patients understanding of those directions, consistent with the prescribers instructions.(f) Notwithstanding subdivision (a) or any other law, a pharmacist may dispense a drug prescribed pursuant to Section 120582 of the Health and Safety Code and label the drug without the name of an individual for whom the drug is intended if the prescription includes the words expedited partner therapy or the letters EPT.(g) A pharmacist who prescribes, dispenses, furnishes, or otherwise renders EPT, as authorized in subdivision (f), shall not be liable in, and shall not be subject to, a civil, criminal, or administrative action, sanction, or penalty for rendering EPT, if the use of EPT is in compliance with this section, except in cases of intentional misconduct, gross negligence, or wanton or reckless activity.(h) A pharmacist who provides EPT under this section shall provide written notification that describes the right of an individual who receives EPT to consult with a pharmacist about the medication dispensed and additional information regarding possible drug interactions.(i) Notwithstanding paragraph (4) of subdivision (a), at the prescribers request, the label for mifepristone, misoprostol, and their generic alternatives may include the name of the prescribing health care practice instead of the name of the prescriber.
4076. (a) A pharmacist shall not dispense a prescription except in a container that meets the requirements of state and federal law and is correctly labeled with all of the following:
(1) Except when the prescriber or the certified nurse-midwife who functions pursuant to a standardized procedure or protocol described in Section 2746.51, the nurse practitioner who functions pursuant to a standardized procedure described in Section 2836.1 or protocol, the physician assistant who functions pursuant to Section 3502.1, the naturopathic doctor who functions pursuant to a standardized procedure or protocol described in Section 3640.5, or the pharmacist who functions pursuant to a policy, procedure, or protocol pursuant to Section 4052.1, 4052.2, or 4052.6 orders otherwise, either the manufacturers trade name of the drug or the generic name and the name of the manufacturer. Commonly used abbreviations may be used. Preparations containing two or more active ingredients may be identified by the manufacturers trade name or the commonly used name or the principal active ingredients.
(2) The directions for the use of the drug.
(3) The name of the patient or patients.
(4) The name of the prescriber or, if applicable, the name of the certified nurse-midwife who functions pursuant to a standardized procedure or protocol described in Section 2746.51, the nurse practitioner who functions pursuant to a standardized procedure described in Section 2836.1 or protocol, the physician assistant who functions pursuant to Section 3502.1, the naturopathic doctor who functions pursuant to a standardized procedure or protocol described in Section 3640.5, or the pharmacist who functions pursuant to a policy, procedure, or protocol pursuant to Section 4052.1, 4052.2, or 4052.6.
(5) The date of issue.
(6) The name and address of the pharmacy, and prescription number or other means of identifying the prescription.
(7) The strength of the drug or drugs dispensed.
(8) The quantity of the drug or drugs dispensed.
(9) The expiration date of the effectiveness of the drug dispensed.
(10) The condition or purpose for which the drug was prescribed if the condition or purpose is indicated on the prescription.
(11) (A) Commencing January 1, 2006, the physical description of the dispensed medication, including its color, shape, and any identification code that appears on the tablets or capsules, except as follows:
(i) Prescriptions dispensed by a veterinarian.
(ii) An exemption from the requirements of this paragraph shall be granted to a new drug for the first 120 days that the drug is on the market and for the 90 days during which the national reference file has no description on file.
(iii) Dispensed medications for which no physical description exists in a commercially available database.
(B) This paragraph applies to outpatient pharmacies only.
(C) The information required by this paragraph may be printed on an auxiliary label that is affixed to the prescription container.
(D) This paragraph shall not become operative if the board, prior to January 1, 2006, adopts regulations that mandate the same labeling requirements set forth in this paragraph.
(b) If a pharmacist dispenses a prescribed drug by means of a unit dose medication system, as defined by administrative regulation, for a patient in a skilled nursing, intermediate care, or other health care facility, the requirements of this section will be satisfied if the unit dose medication system contains the aforementioned information or the information is otherwise readily available at the time of drug administration.
(c) If a pharmacist dispenses a dangerous drug or device in a facility licensed pursuant to Section 1250 of the Health and Safety Code, it is not necessary to include on individual unit dose containers for a specific patient, the name of the certified nurse-midwife who functions pursuant to a standardized procedure or protocol described in Section 2746.51, the nurse practitioner who functions pursuant to a standardized procedure described in Section 2836.1 or protocol, the physician assistant who functions pursuant to Section 3502.1, the naturopathic doctor who functions pursuant to a standardized procedure or protocol described in Section 3640.5, or the pharmacist who functions pursuant to a policy, procedure, or protocol pursuant to Section 4052.1, 4052.2, or 4052.6.
(d) If a pharmacist dispenses a prescription drug for use in a facility licensed pursuant to Section 1250 of the Health and Safety Code, it is not necessary to include the information required in paragraph (11) of subdivision (a) when the prescription drug is administered to a patient by a person licensed under the Medical Practice Act (Chapter 5 (commencing with Section 2000)), the Nursing Practice Act (Chapter 6 (commencing with Section 2700)), or the Vocational Nursing Practice Act (Chapter 6.5 (commencing with Section 2840)), who is acting within the scope of practice.
(e) A pharmacist shall use professional judgment to provide a patient with directions for use that enhance the patients understanding of those directions, consistent with the prescribers instructions.
(f) Notwithstanding subdivision (a) or any other law, a pharmacist may dispense a drug prescribed pursuant to Section 120582 of the Health and Safety Code and label the drug without the name of an individual for whom the drug is intended if the prescription includes the words expedited partner therapy or the letters EPT.
(g) A pharmacist who prescribes, dispenses, furnishes, or otherwise renders EPT, as authorized in subdivision (f), shall not be liable in, and shall not be subject to, a civil, criminal, or administrative action, sanction, or penalty for rendering EPT, if the use of EPT is in compliance with this section, except in cases of intentional misconduct, gross negligence, or wanton or reckless activity.
(h) A pharmacist who provides EPT under this section shall provide written notification that describes the right of an individual who receives EPT to consult with a pharmacist about the medication dispensed and additional information regarding possible drug interactions.
(i) Notwithstanding paragraph (4) of subdivision (a), at the prescribers request, the label for mifepristone, misoprostol, and their generic alternatives may include the name of the prescribing health care practice instead of the name of the prescriber.
SEC. 2. The heading of Title 1.81.49 (commencing with Section 1798.99.90) of Part 4 of Division 3 of the Civil Code is amended to read:TITLE 1.81.49. Family Planning Center Health and Location Data Privacy
SEC. 2. The heading of Title 1.81.49 (commencing with Section 1798.99.90) of Part 4 of Division 3 of the Civil Code is amended to read:
### SEC. 2.
TITLE 1.81.49. Family Planning Center Health and Location Data Privacy
TITLE 1.81.49. Family Planning Center Health and Location Data Privacy
TITLE 1.81.49. Family Planning Center Health and Location Data Privacy
TITLE 1.81.49. Family Planning Center Health and Location Data Privacy
SEC. 3. Section 1798.99.90 of the Civil Code is amended to read:1798.99.90.(a)A person or business shall not collect, use, disclose, or retain the personal information of a person who is physically located at, or within a precise geolocation of, a family planning center, except as specified in subdivision (c).(b)1798.99.90. For purposes of this section, title, the following definitions apply:(1)Business means the same as defined in subdivision (c) of Section 1798.140.(2)Collect means the same as defined in subdivision (f) of Section 1798.140.(a) Collect, collected, or collection means buying, renting, gathering, obtaining, receiving, or accessing any personal information pertaining to a natural person by any means. This includes receiving information from the natural person, either actively or passively, or by observing the natural persons behavior.(3)(b) Family planning center means a business facility categorized as a family planning center by the North American Industry Classification System adopted by the United States Census Bureau, including, but not limited to, a clinic or center that provides reproductive health care services as defined in Section 1798.300 of the Civil Code. 1798.300.(c) Geofence means any technology that enables spatial or location detection to establish a virtual boundary around, and detect an individuals presence within, a precise geolocation as defined in subdivision (w) of Section 1798.140.(d) Health care services means any service provided to a natural person of a medical, surgical, psychiatric, therapeutic, diagnostic, mental health, behavioral health, preventative, rehabilitative, supportive, consultative, referral, or prescribing nature.(e) Person means a natural person, association, proprietorship, corporation, trust, foundation, partnership, or any other organization or group of people acting in concert.(4)(f) Personal information has the same definition as that term is defined in subdivision (v) of Section 1798.140, except as applied to all natural persons and not limited to consumers and households, as those terms are defined in subdivisions (i) and (q), respectively, of that section.(5)(g) Precise geolocation means a geographic area that is equal to or less than the area of a circle with a radius of 1,850 feet as derived from a device that is used or intended to be used to locate a person. If the geographic scope of the term precise geolocation as defined in Section 1798.140 is expanded beyond 1,850 feet, then that larger scope shall apply to this definition of precise geolocation.(c)A person or business shall not collect, use, disclose, or retain the personal information of a person who is physically located at, or within a precise geolocation of, a family planning center, except only as necessary to perform the services or provide the goods requested by the person. A person or business shall not sell or share this personal information.(d)(1)An aggrieved person or entity, including a family planning center, may institute and prosecute a civil action against any person or business who violates this section for injunctive and monetary relief and attorneys fees within three years of discovery of the violation.(2)If the court finds for the petitioner in an action authorized by paragraph (1), recovery shall be in the amount of three times the amount of actual damages and any other expenses, costs, or reasonable attorneys fees incurred in connection with the litigation.(e)This section does not apply to a provider of health care, a health care service plan, or contractor, as those terms are defined in Section 56.05.(6)Sell means the same as defined in subdivision (ad) of Section 1798.140.(7)Share means the same as defined in subdivision (ah) of Section 1798.140.(h) Research means systematic investigation, including research development, testing, and evaluation, that has as its primary purpose the development of, or contribution to, generalizable knowledge.(i) Sell, selling, sale, or sold means selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a natural persons personal information by another person to a third party for monetary or other valuable consideration.(j) Share, shared, or sharing means sharing, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a natural persons personal information by another person to a third party, whether or not for monetary or other valuable consideration.
SEC. 3. Section 1798.99.90 of the Civil Code is amended to read:
### SEC. 3.
1798.99.90.(a)A person or business shall not collect, use, disclose, or retain the personal information of a person who is physically located at, or within a precise geolocation of, a family planning center, except as specified in subdivision (c).(b)1798.99.90. For purposes of this section, title, the following definitions apply:(1)Business means the same as defined in subdivision (c) of Section 1798.140.(2)Collect means the same as defined in subdivision (f) of Section 1798.140.(a) Collect, collected, or collection means buying, renting, gathering, obtaining, receiving, or accessing any personal information pertaining to a natural person by any means. This includes receiving information from the natural person, either actively or passively, or by observing the natural persons behavior.(3)(b) Family planning center means a business facility categorized as a family planning center by the North American Industry Classification System adopted by the United States Census Bureau, including, but not limited to, a clinic or center that provides reproductive health care services as defined in Section 1798.300 of the Civil Code. 1798.300.(c) Geofence means any technology that enables spatial or location detection to establish a virtual boundary around, and detect an individuals presence within, a precise geolocation as defined in subdivision (w) of Section 1798.140.(d) Health care services means any service provided to a natural person of a medical, surgical, psychiatric, therapeutic, diagnostic, mental health, behavioral health, preventative, rehabilitative, supportive, consultative, referral, or prescribing nature.(e) Person means a natural person, association, proprietorship, corporation, trust, foundation, partnership, or any other organization or group of people acting in concert.(4)(f) Personal information has the same definition as that term is defined in subdivision (v) of Section 1798.140, except as applied to all natural persons and not limited to consumers and households, as those terms are defined in subdivisions (i) and (q), respectively, of that section.(5)(g) Precise geolocation means a geographic area that is equal to or less than the area of a circle with a radius of 1,850 feet as derived from a device that is used or intended to be used to locate a person. If the geographic scope of the term precise geolocation as defined in Section 1798.140 is expanded beyond 1,850 feet, then that larger scope shall apply to this definition of precise geolocation.(c)A person or business shall not collect, use, disclose, or retain the personal information of a person who is physically located at, or within a precise geolocation of, a family planning center, except only as necessary to perform the services or provide the goods requested by the person. A person or business shall not sell or share this personal information.(d)(1)An aggrieved person or entity, including a family planning center, may institute and prosecute a civil action against any person or business who violates this section for injunctive and monetary relief and attorneys fees within three years of discovery of the violation.(2)If the court finds for the petitioner in an action authorized by paragraph (1), recovery shall be in the amount of three times the amount of actual damages and any other expenses, costs, or reasonable attorneys fees incurred in connection with the litigation.(e)This section does not apply to a provider of health care, a health care service plan, or contractor, as those terms are defined in Section 56.05.(6)Sell means the same as defined in subdivision (ad) of Section 1798.140.(7)Share means the same as defined in subdivision (ah) of Section 1798.140.(h) Research means systematic investigation, including research development, testing, and evaluation, that has as its primary purpose the development of, or contribution to, generalizable knowledge.(i) Sell, selling, sale, or sold means selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a natural persons personal information by another person to a third party for monetary or other valuable consideration.(j) Share, shared, or sharing means sharing, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a natural persons personal information by another person to a third party, whether or not for monetary or other valuable consideration.
(a)A person or business shall not collect, use, disclose, or retain the personal information of a person who is physically located at, or within a precise geolocation of, a family planning center, except as specified in subdivision (c).
(b)
1798.99.90. For purposes of this section, title, the following definitions apply:(1)Business means the same as defined in subdivision (c) of Section 1798.140.(2)Collect means the same as defined in subdivision (f) of Section 1798.140.(a) Collect, collected, or collection means buying, renting, gathering, obtaining, receiving, or accessing any personal information pertaining to a natural person by any means. This includes receiving information from the natural person, either actively or passively, or by observing the natural persons behavior.(3)(b) Family planning center means a business facility categorized as a family planning center by the North American Industry Classification System adopted by the United States Census Bureau, including, but not limited to, a clinic or center that provides reproductive health care services as defined in Section 1798.300 of the Civil Code. 1798.300.(c) Geofence means any technology that enables spatial or location detection to establish a virtual boundary around, and detect an individuals presence within, a precise geolocation as defined in subdivision (w) of Section 1798.140.(d) Health care services means any service provided to a natural person of a medical, surgical, psychiatric, therapeutic, diagnostic, mental health, behavioral health, preventative, rehabilitative, supportive, consultative, referral, or prescribing nature.(e) Person means a natural person, association, proprietorship, corporation, trust, foundation, partnership, or any other organization or group of people acting in concert.(4)(f) Personal information has the same definition as that term is defined in subdivision (v) of Section 1798.140, except as applied to all natural persons and not limited to consumers and households, as those terms are defined in subdivisions (i) and (q), respectively, of that section.(5)(g) Precise geolocation means a geographic area that is equal to or less than the area of a circle with a radius of 1,850 feet as derived from a device that is used or intended to be used to locate a person. If the geographic scope of the term precise geolocation as defined in Section 1798.140 is expanded beyond 1,850 feet, then that larger scope shall apply to this definition of precise geolocation.(c)A person or business shall not collect, use, disclose, or retain the personal information of a person who is physically located at, or within a precise geolocation of, a family planning center, except only as necessary to perform the services or provide the goods requested by the person. A person or business shall not sell or share this personal information.(d)(1)An aggrieved person or entity, including a family planning center, may institute and prosecute a civil action against any person or business who violates this section for injunctive and monetary relief and attorneys fees within three years of discovery of the violation.(2)If the court finds for the petitioner in an action authorized by paragraph (1), recovery shall be in the amount of three times the amount of actual damages and any other expenses, costs, or reasonable attorneys fees incurred in connection with the litigation.(e)This section does not apply to a provider of health care, a health care service plan, or contractor, as those terms are defined in Section 56.05.(6)Sell means the same as defined in subdivision (ad) of Section 1798.140.(7)Share means the same as defined in subdivision (ah) of Section 1798.140.(h) Research means systematic investigation, including research development, testing, and evaluation, that has as its primary purpose the development of, or contribution to, generalizable knowledge.(i) Sell, selling, sale, or sold means selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a natural persons personal information by another person to a third party for monetary or other valuable consideration.(j) Share, shared, or sharing means sharing, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a natural persons personal information by another person to a third party, whether or not for monetary or other valuable consideration.
1798.99.90. For purposes of this section, title, the following definitions apply:(1)Business means the same as defined in subdivision (c) of Section 1798.140.(2)Collect means the same as defined in subdivision (f) of Section 1798.140.(a) Collect, collected, or collection means buying, renting, gathering, obtaining, receiving, or accessing any personal information pertaining to a natural person by any means. This includes receiving information from the natural person, either actively or passively, or by observing the natural persons behavior.(3)(b) Family planning center means a business facility categorized as a family planning center by the North American Industry Classification System adopted by the United States Census Bureau, including, but not limited to, a clinic or center that provides reproductive health care services as defined in Section 1798.300 of the Civil Code. 1798.300.(c) Geofence means any technology that enables spatial or location detection to establish a virtual boundary around, and detect an individuals presence within, a precise geolocation as defined in subdivision (w) of Section 1798.140.(d) Health care services means any service provided to a natural person of a medical, surgical, psychiatric, therapeutic, diagnostic, mental health, behavioral health, preventative, rehabilitative, supportive, consultative, referral, or prescribing nature.(e) Person means a natural person, association, proprietorship, corporation, trust, foundation, partnership, or any other organization or group of people acting in concert.(4)(f) Personal information has the same definition as that term is defined in subdivision (v) of Section 1798.140, except as applied to all natural persons and not limited to consumers and households, as those terms are defined in subdivisions (i) and (q), respectively, of that section.(5)(g) Precise geolocation means a geographic area that is equal to or less than the area of a circle with a radius of 1,850 feet as derived from a device that is used or intended to be used to locate a person. If the geographic scope of the term precise geolocation as defined in Section 1798.140 is expanded beyond 1,850 feet, then that larger scope shall apply to this definition of precise geolocation.(c)A person or business shall not collect, use, disclose, or retain the personal information of a person who is physically located at, or within a precise geolocation of, a family planning center, except only as necessary to perform the services or provide the goods requested by the person. A person or business shall not sell or share this personal information.(d)(1)An aggrieved person or entity, including a family planning center, may institute and prosecute a civil action against any person or business who violates this section for injunctive and monetary relief and attorneys fees within three years of discovery of the violation.(2)If the court finds for the petitioner in an action authorized by paragraph (1), recovery shall be in the amount of three times the amount of actual damages and any other expenses, costs, or reasonable attorneys fees incurred in connection with the litigation.(e)This section does not apply to a provider of health care, a health care service plan, or contractor, as those terms are defined in Section 56.05.(6)Sell means the same as defined in subdivision (ad) of Section 1798.140.(7)Share means the same as defined in subdivision (ah) of Section 1798.140.(h) Research means systematic investigation, including research development, testing, and evaluation, that has as its primary purpose the development of, or contribution to, generalizable knowledge.(i) Sell, selling, sale, or sold means selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a natural persons personal information by another person to a third party for monetary or other valuable consideration.(j) Share, shared, or sharing means sharing, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a natural persons personal information by another person to a third party, whether or not for monetary or other valuable consideration.
1798.99.90. For purposes of this section, title, the following definitions apply:
(1)Business means the same as defined in subdivision (c) of Section 1798.140.
(2)Collect means the same as defined in subdivision (f) of Section 1798.140.
(a) Collect, collected, or collection means buying, renting, gathering, obtaining, receiving, or accessing any personal information pertaining to a natural person by any means. This includes receiving information from the natural person, either actively or passively, or by observing the natural persons behavior.
(3)
(b) Family planning center means a business facility categorized as a family planning center by the North American Industry Classification System adopted by the United States Census Bureau, including, but not limited to, a clinic or center that provides reproductive health care services as defined in Section 1798.300 of the Civil Code. 1798.300.
(c) Geofence means any technology that enables spatial or location detection to establish a virtual boundary around, and detect an individuals presence within, a precise geolocation as defined in subdivision (w) of Section 1798.140.
(d) Health care services means any service provided to a natural person of a medical, surgical, psychiatric, therapeutic, diagnostic, mental health, behavioral health, preventative, rehabilitative, supportive, consultative, referral, or prescribing nature.
(e) Person means a natural person, association, proprietorship, corporation, trust, foundation, partnership, or any other organization or group of people acting in concert.
(4)
(f) Personal information has the same definition as that term is defined in subdivision (v) of Section 1798.140, except as applied to all natural persons and not limited to consumers and households, as those terms are defined in subdivisions (i) and (q), respectively, of that section.
(5)
(g) Precise geolocation means a geographic area that is equal to or less than the area of a circle with a radius of 1,850 feet as derived from a device that is used or intended to be used to locate a person. If the geographic scope of the term precise geolocation as defined in Section 1798.140 is expanded beyond 1,850 feet, then that larger scope shall apply to this definition of precise geolocation.
(c)A person or business shall not collect, use, disclose, or retain the personal information of a person who is physically located at, or within a precise geolocation of, a family planning center, except only as necessary to perform the services or provide the goods requested by the person. A person or business shall not sell or share this personal information.
(d)(1)An aggrieved person or entity, including a family planning center, may institute and prosecute a civil action against any person or business who violates this section for injunctive and monetary relief and attorneys fees within three years of discovery of the violation.
(2)If the court finds for the petitioner in an action authorized by paragraph (1), recovery shall be in the amount of three times the amount of actual damages and any other expenses, costs, or reasonable attorneys fees incurred in connection with the litigation.
(e)This section does not apply to a provider of health care, a health care service plan, or contractor, as those terms are defined in Section 56.05.
(6)Sell means the same as defined in subdivision (ad) of Section 1798.140.
(7)Share means the same as defined in subdivision (ah) of Section 1798.140.
(h) Research means systematic investigation, including research development, testing, and evaluation, that has as its primary purpose the development of, or contribution to, generalizable knowledge.
(i) Sell, selling, sale, or sold means selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a natural persons personal information by another person to a third party for monetary or other valuable consideration.
(j) Share, shared, or sharing means sharing, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a natural persons personal information by another person to a third party, whether or not for monetary or other valuable consideration.
SEC. 4. Section 1798.99.91 is added to the Civil Code, immediately following Section 1798.99.90, to read:1798.99.91. (a) It shall be unlawful to collect, use, disclose, sell, share, or retain the personal information of a natural person who is physically located at, or within a precise geolocation of, a family planning center, except as specified in subdivision (b).(b) Notwithstanding subdivision (a), it is permissible to collect or use the personal information of a natural person who is physically located at, or within a precise geolocation of, a family planning center, but only as necessary to perform the services or provide the goods requested by the natural person. All other prohibitions under subdivision (a) shall continue to apply.(c) (1) An aggrieved person or entity, including a family planning center, may institute and prosecute a civil action against any person who violates this section for injunctive and monetary relief and attorneys fees within three years of discovery of the violation.(2) If the court finds for the petitioner in an action authorized by paragraph (1), recovery shall be in the amount of three times the amount of actual damages and any other expenses, costs, or reasonable attorneys fees incurred in connection with the litigation.(d) This section does not apply to a provider of health care, a health care service plan, or contractor, as those terms are defined in Section 56.05.
SEC. 4. Section 1798.99.91 is added to the Civil Code, immediately following Section 1798.99.90, to read:
### SEC. 4.
1798.99.91. (a) It shall be unlawful to collect, use, disclose, sell, share, or retain the personal information of a natural person who is physically located at, or within a precise geolocation of, a family planning center, except as specified in subdivision (b).(b) Notwithstanding subdivision (a), it is permissible to collect or use the personal information of a natural person who is physically located at, or within a precise geolocation of, a family planning center, but only as necessary to perform the services or provide the goods requested by the natural person. All other prohibitions under subdivision (a) shall continue to apply.(c) (1) An aggrieved person or entity, including a family planning center, may institute and prosecute a civil action against any person who violates this section for injunctive and monetary relief and attorneys fees within three years of discovery of the violation.(2) If the court finds for the petitioner in an action authorized by paragraph (1), recovery shall be in the amount of three times the amount of actual damages and any other expenses, costs, or reasonable attorneys fees incurred in connection with the litigation.(d) This section does not apply to a provider of health care, a health care service plan, or contractor, as those terms are defined in Section 56.05.
1798.99.91. (a) It shall be unlawful to collect, use, disclose, sell, share, or retain the personal information of a natural person who is physically located at, or within a precise geolocation of, a family planning center, except as specified in subdivision (b).(b) Notwithstanding subdivision (a), it is permissible to collect or use the personal information of a natural person who is physically located at, or within a precise geolocation of, a family planning center, but only as necessary to perform the services or provide the goods requested by the natural person. All other prohibitions under subdivision (a) shall continue to apply.(c) (1) An aggrieved person or entity, including a family planning center, may institute and prosecute a civil action against any person who violates this section for injunctive and monetary relief and attorneys fees within three years of discovery of the violation.(2) If the court finds for the petitioner in an action authorized by paragraph (1), recovery shall be in the amount of three times the amount of actual damages and any other expenses, costs, or reasonable attorneys fees incurred in connection with the litigation.(d) This section does not apply to a provider of health care, a health care service plan, or contractor, as those terms are defined in Section 56.05.
1798.99.91. (a) It shall be unlawful to collect, use, disclose, sell, share, or retain the personal information of a natural person who is physically located at, or within a precise geolocation of, a family planning center, except as specified in subdivision (b).(b) Notwithstanding subdivision (a), it is permissible to collect or use the personal information of a natural person who is physically located at, or within a precise geolocation of, a family planning center, but only as necessary to perform the services or provide the goods requested by the natural person. All other prohibitions under subdivision (a) shall continue to apply.(c) (1) An aggrieved person or entity, including a family planning center, may institute and prosecute a civil action against any person who violates this section for injunctive and monetary relief and attorneys fees within three years of discovery of the violation.(2) If the court finds for the petitioner in an action authorized by paragraph (1), recovery shall be in the amount of three times the amount of actual damages and any other expenses, costs, or reasonable attorneys fees incurred in connection with the litigation.(d) This section does not apply to a provider of health care, a health care service plan, or contractor, as those terms are defined in Section 56.05.
1798.99.91. (a) It shall be unlawful to collect, use, disclose, sell, share, or retain the personal information of a natural person who is physically located at, or within a precise geolocation of, a family planning center, except as specified in subdivision (b).
(b) Notwithstanding subdivision (a), it is permissible to collect or use the personal information of a natural person who is physically located at, or within a precise geolocation of, a family planning center, but only as necessary to perform the services or provide the goods requested by the natural person. All other prohibitions under subdivision (a) shall continue to apply.
(c) (1) An aggrieved person or entity, including a family planning center, may institute and prosecute a civil action against any person who violates this section for injunctive and monetary relief and attorneys fees within three years of discovery of the violation.
(2) If the court finds for the petitioner in an action authorized by paragraph (1), recovery shall be in the amount of three times the amount of actual damages and any other expenses, costs, or reasonable attorneys fees incurred in connection with the litigation.
(d) This section does not apply to a provider of health care, a health care service plan, or contractor, as those terms are defined in Section 56.05.
SEC. 5. Section 1798.99.92 is added to the Civil Code, immediately following Section 1798.99.91, to read:1798.99.92. (a) Except as provided in subdivision (f), it shall be unlawful to geofence an entity that provides in-person health care services in California for any of the following purposes:(1) To identify or track a person seeking, receiving, or providing health care services.(2) To collect personal information from a person seeking, receiving, or providing health care services.(3) To send notifications to a person related to their personal information or health care services.(4) To send advertisements to a person related to the persons personal information or health care services.(b) It shall be unlawful to sell personal information to, or share personal information with, a third party for the use of such information to violate subdivision (a). A statement signed under penalty of perjury, pursuant to Section 2015.5 of the Code of Civil Procedure, by a natural person authorized to enter into agreements on behalf of the third party that the personal information will not be used for these purposes shall be prima facie evidence that the personal information was not sold or shared in violation of this subdivision.(c) Except as provided in subdivision (f), it shall be unlawful to use personal information obtained in violation of subdivision (a) or (b).(d) (1) Any person that violates this section shall be subject to an injunction and liable for a civil penalty of twenty-five thousand dollars ($25,000) for each violation, which shall be assessed and recovered in a civil action brought in the name of the people of the State of California by the Attorney General. The court may consider the good faith cooperation of the entity or person in determining the amount of the civil penalty.(2) Any civil penalty recovered by an action brought by the Attorney General for a violation of this section, and the proceeds of any settlement of any said action, shall be deposited in the California Reproductive Justice and Freedom Fund established pursuant to Section 140 of the Health and Safety Code.(e) This section shall be implemented consistent with state and federal law.(f) (1) (A) This section does not prohibit any person that owns, operates, manages, or otherwise provides services to an in-person health care entity from geofencing the entitys own location to provide necessary health care services, including the use of location-based alarm devices to monitor newborns and memory-impaired individuals.(B) This section does not prohibit any person that provides reproductive health care services, as defined in Section 1798.300, from utilizing geofencing for the purpose of providing security services to protect patients, staff, or property.(2) Nothing in this section shall exempt any person from complying with any of the following:(A) A lawfully executed search warrant.(B) A lawful subpoena issued pursuant to existing California law.(C) Law enforcement if law enforcement, in good faith, believes that an emergency involving danger of death or serious physical injury to any person requires access to such geofencing data. For purposes of this subparagraph, accessing, procuring, or searching for services regarding contraception, pregnancy care, and perinatal care, including, but not limited to, abortion services, shall not constitute being at risk or danger of death or serious physical injury.(3) Nothing in this section abrogates or limits the requirements of the Electronic Communications Privacy Act (Chapter 3.6 (commencing with Section 1546) of Title 12 of Part 2 of the Penal Code).(4) Nothing in this section shall apply to geofencing activities conducted solely for research purposes by an investigator within an institution that holds an assurance with the federal Department of Health and Human Services pursuant to Part 46 (commencing with Section 46.101) of Title 45 of the Code of Federal Regulations and who obtains informed consent in the method and manner required by those regulations.
SEC. 5. Section 1798.99.92 is added to the Civil Code, immediately following Section 1798.99.91, to read:
### SEC. 5.
1798.99.92. (a) Except as provided in subdivision (f), it shall be unlawful to geofence an entity that provides in-person health care services in California for any of the following purposes:(1) To identify or track a person seeking, receiving, or providing health care services.(2) To collect personal information from a person seeking, receiving, or providing health care services.(3) To send notifications to a person related to their personal information or health care services.(4) To send advertisements to a person related to the persons personal information or health care services.(b) It shall be unlawful to sell personal information to, or share personal information with, a third party for the use of such information to violate subdivision (a). A statement signed under penalty of perjury, pursuant to Section 2015.5 of the Code of Civil Procedure, by a natural person authorized to enter into agreements on behalf of the third party that the personal information will not be used for these purposes shall be prima facie evidence that the personal information was not sold or shared in violation of this subdivision.(c) Except as provided in subdivision (f), it shall be unlawful to use personal information obtained in violation of subdivision (a) or (b).(d) (1) Any person that violates this section shall be subject to an injunction and liable for a civil penalty of twenty-five thousand dollars ($25,000) for each violation, which shall be assessed and recovered in a civil action brought in the name of the people of the State of California by the Attorney General. The court may consider the good faith cooperation of the entity or person in determining the amount of the civil penalty.(2) Any civil penalty recovered by an action brought by the Attorney General for a violation of this section, and the proceeds of any settlement of any said action, shall be deposited in the California Reproductive Justice and Freedom Fund established pursuant to Section 140 of the Health and Safety Code.(e) This section shall be implemented consistent with state and federal law.(f) (1) (A) This section does not prohibit any person that owns, operates, manages, or otherwise provides services to an in-person health care entity from geofencing the entitys own location to provide necessary health care services, including the use of location-based alarm devices to monitor newborns and memory-impaired individuals.(B) This section does not prohibit any person that provides reproductive health care services, as defined in Section 1798.300, from utilizing geofencing for the purpose of providing security services to protect patients, staff, or property.(2) Nothing in this section shall exempt any person from complying with any of the following:(A) A lawfully executed search warrant.(B) A lawful subpoena issued pursuant to existing California law.(C) Law enforcement if law enforcement, in good faith, believes that an emergency involving danger of death or serious physical injury to any person requires access to such geofencing data. For purposes of this subparagraph, accessing, procuring, or searching for services regarding contraception, pregnancy care, and perinatal care, including, but not limited to, abortion services, shall not constitute being at risk or danger of death or serious physical injury.(3) Nothing in this section abrogates or limits the requirements of the Electronic Communications Privacy Act (Chapter 3.6 (commencing with Section 1546) of Title 12 of Part 2 of the Penal Code).(4) Nothing in this section shall apply to geofencing activities conducted solely for research purposes by an investigator within an institution that holds an assurance with the federal Department of Health and Human Services pursuant to Part 46 (commencing with Section 46.101) of Title 45 of the Code of Federal Regulations and who obtains informed consent in the method and manner required by those regulations.
1798.99.92. (a) Except as provided in subdivision (f), it shall be unlawful to geofence an entity that provides in-person health care services in California for any of the following purposes:(1) To identify or track a person seeking, receiving, or providing health care services.(2) To collect personal information from a person seeking, receiving, or providing health care services.(3) To send notifications to a person related to their personal information or health care services.(4) To send advertisements to a person related to the persons personal information or health care services.(b) It shall be unlawful to sell personal information to, or share personal information with, a third party for the use of such information to violate subdivision (a). A statement signed under penalty of perjury, pursuant to Section 2015.5 of the Code of Civil Procedure, by a natural person authorized to enter into agreements on behalf of the third party that the personal information will not be used for these purposes shall be prima facie evidence that the personal information was not sold or shared in violation of this subdivision.(c) Except as provided in subdivision (f), it shall be unlawful to use personal information obtained in violation of subdivision (a) or (b).(d) (1) Any person that violates this section shall be subject to an injunction and liable for a civil penalty of twenty-five thousand dollars ($25,000) for each violation, which shall be assessed and recovered in a civil action brought in the name of the people of the State of California by the Attorney General. The court may consider the good faith cooperation of the entity or person in determining the amount of the civil penalty.(2) Any civil penalty recovered by an action brought by the Attorney General for a violation of this section, and the proceeds of any settlement of any said action, shall be deposited in the California Reproductive Justice and Freedom Fund established pursuant to Section 140 of the Health and Safety Code.(e) This section shall be implemented consistent with state and federal law.(f) (1) (A) This section does not prohibit any person that owns, operates, manages, or otherwise provides services to an in-person health care entity from geofencing the entitys own location to provide necessary health care services, including the use of location-based alarm devices to monitor newborns and memory-impaired individuals.(B) This section does not prohibit any person that provides reproductive health care services, as defined in Section 1798.300, from utilizing geofencing for the purpose of providing security services to protect patients, staff, or property.(2) Nothing in this section shall exempt any person from complying with any of the following:(A) A lawfully executed search warrant.(B) A lawful subpoena issued pursuant to existing California law.(C) Law enforcement if law enforcement, in good faith, believes that an emergency involving danger of death or serious physical injury to any person requires access to such geofencing data. For purposes of this subparagraph, accessing, procuring, or searching for services regarding contraception, pregnancy care, and perinatal care, including, but not limited to, abortion services, shall not constitute being at risk or danger of death or serious physical injury.(3) Nothing in this section abrogates or limits the requirements of the Electronic Communications Privacy Act (Chapter 3.6 (commencing with Section 1546) of Title 12 of Part 2 of the Penal Code).(4) Nothing in this section shall apply to geofencing activities conducted solely for research purposes by an investigator within an institution that holds an assurance with the federal Department of Health and Human Services pursuant to Part 46 (commencing with Section 46.101) of Title 45 of the Code of Federal Regulations and who obtains informed consent in the method and manner required by those regulations.
1798.99.92. (a) Except as provided in subdivision (f), it shall be unlawful to geofence an entity that provides in-person health care services in California for any of the following purposes:(1) To identify or track a person seeking, receiving, or providing health care services.(2) To collect personal information from a person seeking, receiving, or providing health care services.(3) To send notifications to a person related to their personal information or health care services.(4) To send advertisements to a person related to the persons personal information or health care services.(b) It shall be unlawful to sell personal information to, or share personal information with, a third party for the use of such information to violate subdivision (a). A statement signed under penalty of perjury, pursuant to Section 2015.5 of the Code of Civil Procedure, by a natural person authorized to enter into agreements on behalf of the third party that the personal information will not be used for these purposes shall be prima facie evidence that the personal information was not sold or shared in violation of this subdivision.(c) Except as provided in subdivision (f), it shall be unlawful to use personal information obtained in violation of subdivision (a) or (b).(d) (1) Any person that violates this section shall be subject to an injunction and liable for a civil penalty of twenty-five thousand dollars ($25,000) for each violation, which shall be assessed and recovered in a civil action brought in the name of the people of the State of California by the Attorney General. The court may consider the good faith cooperation of the entity or person in determining the amount of the civil penalty.(2) Any civil penalty recovered by an action brought by the Attorney General for a violation of this section, and the proceeds of any settlement of any said action, shall be deposited in the California Reproductive Justice and Freedom Fund established pursuant to Section 140 of the Health and Safety Code.(e) This section shall be implemented consistent with state and federal law.(f) (1) (A) This section does not prohibit any person that owns, operates, manages, or otherwise provides services to an in-person health care entity from geofencing the entitys own location to provide necessary health care services, including the use of location-based alarm devices to monitor newborns and memory-impaired individuals.(B) This section does not prohibit any person that provides reproductive health care services, as defined in Section 1798.300, from utilizing geofencing for the purpose of providing security services to protect patients, staff, or property.(2) Nothing in this section shall exempt any person from complying with any of the following:(A) A lawfully executed search warrant.(B) A lawful subpoena issued pursuant to existing California law.(C) Law enforcement if law enforcement, in good faith, believes that an emergency involving danger of death or serious physical injury to any person requires access to such geofencing data. For purposes of this subparagraph, accessing, procuring, or searching for services regarding contraception, pregnancy care, and perinatal care, including, but not limited to, abortion services, shall not constitute being at risk or danger of death or serious physical injury.(3) Nothing in this section abrogates or limits the requirements of the Electronic Communications Privacy Act (Chapter 3.6 (commencing with Section 1546) of Title 12 of Part 2 of the Penal Code).(4) Nothing in this section shall apply to geofencing activities conducted solely for research purposes by an investigator within an institution that holds an assurance with the federal Department of Health and Human Services pursuant to Part 46 (commencing with Section 46.101) of Title 45 of the Code of Federal Regulations and who obtains informed consent in the method and manner required by those regulations.
1798.99.92. (a) Except as provided in subdivision (f), it shall be unlawful to geofence an entity that provides in-person health care services in California for any of the following purposes:
(1) To identify or track a person seeking, receiving, or providing health care services.
(2) To collect personal information from a person seeking, receiving, or providing health care services.
(3) To send notifications to a person related to their personal information or health care services.
(4) To send advertisements to a person related to the persons personal information or health care services.
(b) It shall be unlawful to sell personal information to, or share personal information with, a third party for the use of such information to violate subdivision (a). A statement signed under penalty of perjury, pursuant to Section 2015.5 of the Code of Civil Procedure, by a natural person authorized to enter into agreements on behalf of the third party that the personal information will not be used for these purposes shall be prima facie evidence that the personal information was not sold or shared in violation of this subdivision.
(c) Except as provided in subdivision (f), it shall be unlawful to use personal information obtained in violation of subdivision (a) or (b).
(d) (1) Any person that violates this section shall be subject to an injunction and liable for a civil penalty of twenty-five thousand dollars ($25,000) for each violation, which shall be assessed and recovered in a civil action brought in the name of the people of the State of California by the Attorney General. The court may consider the good faith cooperation of the entity or person in determining the amount of the civil penalty.
(2) Any civil penalty recovered by an action brought by the Attorney General for a violation of this section, and the proceeds of any settlement of any said action, shall be deposited in the California Reproductive Justice and Freedom Fund established pursuant to Section 140 of the Health and Safety Code.
(e) This section shall be implemented consistent with state and federal law.
(f) (1) (A) This section does not prohibit any person that owns, operates, manages, or otherwise provides services to an in-person health care entity from geofencing the entitys own location to provide necessary health care services, including the use of location-based alarm devices to monitor newborns and memory-impaired individuals.
(B) This section does not prohibit any person that provides reproductive health care services, as defined in Section 1798.300, from utilizing geofencing for the purpose of providing security services to protect patients, staff, or property.
(2) Nothing in this section shall exempt any person from complying with any of the following:
(A) A lawfully executed search warrant.
(B) A lawful subpoena issued pursuant to existing California law.
(C) Law enforcement if law enforcement, in good faith, believes that an emergency involving danger of death or serious physical injury to any person requires access to such geofencing data. For purposes of this subparagraph, accessing, procuring, or searching for services regarding contraception, pregnancy care, and perinatal care, including, but not limited to, abortion services, shall not constitute being at risk or danger of death or serious physical injury.
(3) Nothing in this section abrogates or limits the requirements of the Electronic Communications Privacy Act (Chapter 3.6 (commencing with Section 1546) of Title 12 of Part 2 of the Penal Code).
(4) Nothing in this section shall apply to geofencing activities conducted solely for research purposes by an investigator within an institution that holds an assurance with the federal Department of Health and Human Services pursuant to Part 46 (commencing with Section 46.101) of Title 45 of the Code of Federal Regulations and who obtains informed consent in the method and manner required by those regulations.
SEC. 6. Section 1798.99.93 is added to the Civil Code, immediately following Section 1798.99.92, to read:1798.99.93. (a) Research records, in a personally identifying form, developed or acquired by a person in the course of conducting research relating to anyone seeking or obtaining health care services, or relating to personal information, shall be subject to the restrictions on release set forth in this section.(b) Research records, in a personally identifying form, developed or acquired by a person in the course of conducting research relating to anyone seeking or obtaining health care services, or relating to personal information, shall not be released in response to a subpoena or request if that subpoena or request is based on either another states laws that interfere with a persons rights under 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) or a foreign penal civil action, as defined in Section 2029.200 of the Code of Civil Procedure.(c) Research records, in a personally identifying form, developed or acquired by a person in the course of conducting research relating to anyone seeking or obtaining health care services, or relating to personal information, shall not be released to law enforcement for either of the following purposes, unless that release is pursuant to a subpoena not otherwise prohibited by subdivision (b):(1) Enforcement of another states law that interferes with a persons rights under 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).(2) Enforcement of a foreign penal civil action, as defined in Section 2029.200 of the Code of Civil Procedure.
SEC. 6. Section 1798.99.93 is added to the Civil Code, immediately following Section 1798.99.92, to read:
### SEC. 6.
1798.99.93. (a) Research records, in a personally identifying form, developed or acquired by a person in the course of conducting research relating to anyone seeking or obtaining health care services, or relating to personal information, shall be subject to the restrictions on release set forth in this section.(b) Research records, in a personally identifying form, developed or acquired by a person in the course of conducting research relating to anyone seeking or obtaining health care services, or relating to personal information, shall not be released in response to a subpoena or request if that subpoena or request is based on either another states laws that interfere with a persons rights under 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) or a foreign penal civil action, as defined in Section 2029.200 of the Code of Civil Procedure.(c) Research records, in a personally identifying form, developed or acquired by a person in the course of conducting research relating to anyone seeking or obtaining health care services, or relating to personal information, shall not be released to law enforcement for either of the following purposes, unless that release is pursuant to a subpoena not otherwise prohibited by subdivision (b):(1) Enforcement of another states law that interferes with a persons rights under 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).(2) Enforcement of a foreign penal civil action, as defined in Section 2029.200 of the Code of Civil Procedure.
1798.99.93. (a) Research records, in a personally identifying form, developed or acquired by a person in the course of conducting research relating to anyone seeking or obtaining health care services, or relating to personal information, shall be subject to the restrictions on release set forth in this section.(b) Research records, in a personally identifying form, developed or acquired by a person in the course of conducting research relating to anyone seeking or obtaining health care services, or relating to personal information, shall not be released in response to a subpoena or request if that subpoena or request is based on either another states laws that interfere with a persons rights under 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) or a foreign penal civil action, as defined in Section 2029.200 of the Code of Civil Procedure.(c) Research records, in a personally identifying form, developed or acquired by a person in the course of conducting research relating to anyone seeking or obtaining health care services, or relating to personal information, shall not be released to law enforcement for either of the following purposes, unless that release is pursuant to a subpoena not otherwise prohibited by subdivision (b):(1) Enforcement of another states law that interferes with a persons rights under 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).(2) Enforcement of a foreign penal civil action, as defined in Section 2029.200 of the Code of Civil Procedure.
1798.99.93. (a) Research records, in a personally identifying form, developed or acquired by a person in the course of conducting research relating to anyone seeking or obtaining health care services, or relating to personal information, shall be subject to the restrictions on release set forth in this section.(b) Research records, in a personally identifying form, developed or acquired by a person in the course of conducting research relating to anyone seeking or obtaining health care services, or relating to personal information, shall not be released in response to a subpoena or request if that subpoena or request is based on either another states laws that interfere with a persons rights under 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) or a foreign penal civil action, as defined in Section 2029.200 of the Code of Civil Procedure.(c) Research records, in a personally identifying form, developed or acquired by a person in the course of conducting research relating to anyone seeking or obtaining health care services, or relating to personal information, shall not be released to law enforcement for either of the following purposes, unless that release is pursuant to a subpoena not otherwise prohibited by subdivision (b):(1) Enforcement of another states law that interferes with a persons rights under 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).(2) Enforcement of a foreign penal civil action, as defined in Section 2029.200 of the Code of Civil Procedure.
1798.99.93. (a) Research records, in a personally identifying form, developed or acquired by a person in the course of conducting research relating to anyone seeking or obtaining health care services, or relating to personal information, shall be subject to the restrictions on release set forth in this section.
(b) Research records, in a personally identifying form, developed or acquired by a person in the course of conducting research relating to anyone seeking or obtaining health care services, or relating to personal information, shall not be released in response to a subpoena or request if that subpoena or request is based on either another states laws that interfere with a persons rights under 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) or a foreign penal civil action, as defined in Section 2029.200 of the Code of Civil Procedure.
(c) Research records, in a personally identifying form, developed or acquired by a person in the course of conducting research relating to anyone seeking or obtaining health care services, or relating to personal information, shall not be released to law enforcement for either of the following purposes, unless that release is pursuant to a subpoena not otherwise prohibited by subdivision (b):
(1) Enforcement of another states law that interferes with a persons rights under 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).
(2) Enforcement of a foreign penal civil action, as defined in Section 2029.200 of the Code of Civil Procedure.
SEC. 7. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
SEC. 7. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
SEC. 7. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
### SEC. 7.
It is the intent of the Legislature to enact legislation to make it unlawful to geofence an entity that provides in-person health care services and to prohibit health care providers from releasing medical research information related to an individual seeking or obtaining an abortion in response to a subpoena or request if that subpoena or request is based on another states laws that interfere with a persons rights under the Reproductive Privacy Act.