| Old | New | Differences | |
|---|---|---|---|
| 1 | - | ||
| 1 | + | CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 54Introduced by Assembly Members Krell and Aguiar-Curry(Principal coauthors: Senators Cabaldon, Prez, and Weber)(Coauthors: Assembly Members Stephanie Nguyen, Pellerin, Ransom, Sharp-Collins, and Stefani)December 02, 2024 An act relating to reproductive health.LEGISLATIVE COUNSEL'S DIGESTAB 54, as introduced, Krell. Access to Safe Abortion Care Act.Existing law sets forth provisions, under the California Constitution, regarding the 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.This bill, the Access to Safe Abortion Care Act, would make legislative findings about medication abortion, with a focus on use of the drugs mifepristone and misoprostol. The bill would state the intent of the Legislature to enact legislation that would ensure access to medication abortion.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. This act shall be known, and may be cited, as the Access to Safe Abortion Care Act.SEC. 2. The Legislature finds and declares all of the following:(a) Consistent with Section 1.1 of Article I of the California Constitution, individuals in the State of California have a constitutional right to choose to have an abortion.(b) In 2000, the federal Food and Drug Administration (FDA) approved mifepristone for use in the termination of pregnancy through 7 weeks of gestation, and extended its use to 10 weeks of gestation in 2016. In April 2019, the FDA approved a generic version of mifepristone.(c) Mifepristone is usually used in combination with a second drug, called misoprostol, to terminate a pregnancy. Misoprostol can also be used on its own to terminate a pregnancy. When mifepristone and misoprostol are used in combination, or when misoprostol is used alone to terminate a pregnancy, this is referred to as a medication abortion, to distinguish it from a procedural abortion.(d) Today, providers and researchers estimate that over 60 percent of all abortions in the United States are done using medication abortion.(e) With over 20 years of available data, medication abortion has proven to be remarkably safe and effective. Medication abortion has only a 0.4 percent risk of major complications, and a mortality rate of only 0.00064 percent. To put these figures in perspective, this is lower than the mortality rate associated with sildenafil, which carries a 0.0049 percent mortality rate. Using medication abortion is also far safer than carrying a pregnancy to term, as the United States has an overall maternal mortality rate of 0.0329 percent.(f) Mifepristone and misoprostol are widely used for the outpatient treatment of miscarriage. Medical providers utilize mifepristone and misoprostol in these instances to guard against many of the medical risks associated with miscarriage. During a miscarriage, a patient is at increased risk of infection and hemorrhage, which can lead to severe complications, permanent disability and loss of organ function, and, in extreme cases, death. The longer a miscarriage lasts, the greater the risk of these complications. A patient may also fail to fully pass the deceased fetus, placenta, or other products of conception, prolonging the process and increasing these risks. Mifepristone and misoprostol help to rapidly and completely empty the contents of a patients uterus, and thus mitigate these risks.(g) There are a number of conditions, including, but not limited to, PPROM or dilation of the cervix, which, when they occur before the point of viability, result in what doctors refer to as an inevitable miscarriage; though the fetus may still be alive, it has no chance of surviving outside the womb or long enough to reach viability. Because the risk of serious and potentially life-threatening complications increases as the pregnancy progresses, standard treatment in these tragic situations frequently involves administering mifepristone and misoprostol to immediately terminate the pregnancy.(h) From a medical perspective, there is no difference between the case of using mifepristone and misoprostol to terminate a nonviable pregnancy, using those drugs to treat a miscarriage, or using them to terminate a viable pregnancy. In all cases, the same drugs are administered, and the same biological processes ensue.(i) Misoprostol is also used to induce labor for patients with viable pregnancies when, for instance, a patients pregnancy is going too far past term (41 or 42 weeks in most cases), or when a late-developing complication, such as hypertension or preeclampsia, makes an earlier delivery the safest option.(j) Instrumentalities of the State of California regularly acquire and provide mifepristone and misoprostol. The five medical centers owned and operated by the University of California, for instance, all routinely acquire and use mifepristone and misoprostol for their patients in a variety of contexts.(k) Pursuant to the College Student Right to Access Act, each public university student health center (including at the University of California and California State University systems) is required to offer abortion by medication techniques onsite.(l) The widespread availability of mifepristone and misoprostol, through both state instrumentalities and private actors, furthers the policies and goals of the State of California, including safeguarding the health and welfare of Californians as a safe, effective, and convenient means of terminating a pregnancy, and by providing medical providers with safe and effective options to treat their patients in a wide variety of circumstances.(m) There are emerging threats to the availability of mifepristone and misoprostol, and California may not be able to guarantee a continued supply. Previously, Governor Newsom implemented a plan to stockpile doses of misoprostol. While this effort was successful, the Legislature finds that the state needs to renew its stockpile to ensure that Californians can continue to exercise their constitutional rights.SEC. 3. It is the intent of the Legislature to enact legislation that would ensure access to medication abortion. | |
| 2 | 2 | ||
| 3 | - | ||
| 3 | + | CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 54Introduced by Assembly Members Krell and Aguiar-Curry(Principal coauthors: Senators Cabaldon, Prez, and Weber)(Coauthors: Assembly Members Stephanie Nguyen, Pellerin, Ransom, Sharp-Collins, and Stefani)December 02, 2024 An act relating to reproductive health.LEGISLATIVE COUNSEL'S DIGESTAB 54, as introduced, Krell. Access to Safe Abortion Care Act.Existing law sets forth provisions, under the California Constitution, regarding the 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.This bill, the Access to Safe Abortion Care Act, would make legislative findings about medication abortion, with a focus on use of the drugs mifepristone and misoprostol. The bill would state the intent of the Legislature to enact legislation that would ensure access to medication abortion.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO | |
| 4 | 4 | ||
| 5 | - | Amended IN Assembly March 17, 2025 | |
| 6 | 5 | ||
| 7 | - | Amended IN Assembly March 17, 2025 | |
| 6 | + | ||
| 7 | + | ||
| 8 | 8 | ||
| 9 | 9 | CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION | |
| 10 | 10 | ||
| 11 | 11 | Assembly Bill | |
| 12 | 12 | ||
| 13 | 13 | No. 54 | |
| 14 | 14 | ||
| 15 | - | Introduced by Assembly Members Krell and Aguiar-Curry(Principal coauthors: Senators Cabaldon, Prez, and Weber | |
| 15 | + | Introduced by Assembly Members Krell and Aguiar-Curry(Principal coauthors: Senators Cabaldon, Prez, and Weber)(Coauthors: Assembly Members Stephanie Nguyen, Pellerin, Ransom, Sharp-Collins, and Stefani)December 02, 2024 | |
| 16 | 16 | ||
| 17 | - | Introduced by Assembly Members Krell and Aguiar-Curry(Principal coauthors: Senators Cabaldon, Prez, and Weber | |
| 17 | + | Introduced by Assembly Members Krell and Aguiar-Curry(Principal coauthors: Senators Cabaldon, Prez, and Weber)(Coauthors: Assembly Members Stephanie Nguyen, Pellerin, Ransom, Sharp-Collins, and Stefani) | |
| 18 | 18 | December 02, 2024 | |
| 19 | 19 | ||
| 20 | - | An act | |
| 20 | + | An act relating to reproductive health. | |
| 21 | 21 | ||
| 22 | 22 | LEGISLATIVE COUNSEL'S DIGEST | |
| 23 | 23 | ||
| 24 | 24 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 25 | 25 | ||
| 26 | - | AB 54, as | |
| 26 | + | AB 54, as introduced, Krell. Access to Safe Abortion Care Act. | |
| 27 | 27 | ||
| 28 | - | Existing law sets forth provisions, under the California Constitution, regarding the 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.This bill, the Access to Safe Abortion Care Act, would make legislative findings about medication abortion, with a focus on use of the drugs mifepristone and misoprostol. The bill would state the intent of the Legislature to enact legislation that would ensure access to medication abortion. | |
| 28 | + | Existing law sets forth provisions, under the California Constitution, regarding the 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.This bill, the Access to Safe Abortion Care Act, would make legislative findings about medication abortion, with a focus on use of the drugs mifepristone and misoprostol. The bill would state the intent of the Legislature to enact legislation that would ensure access to medication abortion. | |
| 29 | 29 | ||
| 30 | 30 | Existing law sets forth provisions, under the California Constitution, regarding the 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. | |
| 31 | 31 | ||
| 32 | - | This bill, the Access to Safe Abortion Care Act, would make legislative findings about medication abortion, with a focus on use of the drugs mifepristone and misoprostol. The bill would state the intent of the Legislature to enact legislation that would ensure access to medication abortion. Under the bill, the Legislature would reaffirm that it has been, and would continue to be, lawful to cause the delivery of, or mail, ship, take, receive, or otherwise transport, any drug, medicine, or instrument that can be designed or adapted to produce an abortion that is lawful in the State of California. | |
| 33 | - | ||
| 34 | - | The bill would set forth provisions regarding the lack of civil or criminal liability, or professional disciplinary action, for accessing or administering mifepristone or misoprostol, among other certain conduct, on or after January 1, 2020, with this provision applied retroactively, as specified. | |
| 35 | - | ||
| 36 | - | The bill would make its provisions severable. | |
| 32 | + | This bill, the Access to Safe Abortion Care Act, would make legislative findings about medication abortion, with a focus on use of the drugs mifepristone and misoprostol. The bill would state the intent of the Legislature to enact legislation that would ensure access to medication abortion. | |
| 37 | 33 | ||
| 38 | 34 | ## Digest Key | |
| 39 | 35 | ||
| 40 | 36 | ## Bill Text | |
| 41 | 37 | ||
| 42 | - | The people of the State of California do enact as follows:SECTION 1. | |
| 38 | + | The people of the State of California do enact as follows:SECTION 1. This act shall be known, and may be cited, as the Access to Safe Abortion Care Act.SEC. 2. The Legislature finds and declares all of the following:(a) Consistent with Section 1.1 of Article I of the California Constitution, individuals in the State of California have a constitutional right to choose to have an abortion.(b) In 2000, the federal Food and Drug Administration (FDA) approved mifepristone for use in the termination of pregnancy through 7 weeks of gestation, and extended its use to 10 weeks of gestation in 2016. In April 2019, the FDA approved a generic version of mifepristone.(c) Mifepristone is usually used in combination with a second drug, called misoprostol, to terminate a pregnancy. Misoprostol can also be used on its own to terminate a pregnancy. When mifepristone and misoprostol are used in combination, or when misoprostol is used alone to terminate a pregnancy, this is referred to as a medication abortion, to distinguish it from a procedural abortion.(d) Today, providers and researchers estimate that over 60 percent of all abortions in the United States are done using medication abortion.(e) With over 20 years of available data, medication abortion has proven to be remarkably safe and effective. Medication abortion has only a 0.4 percent risk of major complications, and a mortality rate of only 0.00064 percent. To put these figures in perspective, this is lower than the mortality rate associated with sildenafil, which carries a 0.0049 percent mortality rate. Using medication abortion is also far safer than carrying a pregnancy to term, as the United States has an overall maternal mortality rate of 0.0329 percent.(f) Mifepristone and misoprostol are widely used for the outpatient treatment of miscarriage. Medical providers utilize mifepristone and misoprostol in these instances to guard against many of the medical risks associated with miscarriage. During a miscarriage, a patient is at increased risk of infection and hemorrhage, which can lead to severe complications, permanent disability and loss of organ function, and, in extreme cases, death. The longer a miscarriage lasts, the greater the risk of these complications. A patient may also fail to fully pass the deceased fetus, placenta, or other products of conception, prolonging the process and increasing these risks. Mifepristone and misoprostol help to rapidly and completely empty the contents of a patients uterus, and thus mitigate these risks.(g) There are a number of conditions, including, but not limited to, PPROM or dilation of the cervix, which, when they occur before the point of viability, result in what doctors refer to as an inevitable miscarriage; though the fetus may still be alive, it has no chance of surviving outside the womb or long enough to reach viability. Because the risk of serious and potentially life-threatening complications increases as the pregnancy progresses, standard treatment in these tragic situations frequently involves administering mifepristone and misoprostol to immediately terminate the pregnancy.(h) From a medical perspective, there is no difference between the case of using mifepristone and misoprostol to terminate a nonviable pregnancy, using those drugs to treat a miscarriage, or using them to terminate a viable pregnancy. In all cases, the same drugs are administered, and the same biological processes ensue.(i) Misoprostol is also used to induce labor for patients with viable pregnancies when, for instance, a patients pregnancy is going too far past term (41 or 42 weeks in most cases), or when a late-developing complication, such as hypertension or preeclampsia, makes an earlier delivery the safest option.(j) Instrumentalities of the State of California regularly acquire and provide mifepristone and misoprostol. The five medical centers owned and operated by the University of California, for instance, all routinely acquire and use mifepristone and misoprostol for their patients in a variety of contexts.(k) Pursuant to the College Student Right to Access Act, each public university student health center (including at the University of California and California State University systems) is required to offer abortion by medication techniques onsite.(l) The widespread availability of mifepristone and misoprostol, through both state instrumentalities and private actors, furthers the policies and goals of the State of California, including safeguarding the health and welfare of Californians as a safe, effective, and convenient means of terminating a pregnancy, and by providing medical providers with safe and effective options to treat their patients in a wide variety of circumstances.(m) There are emerging threats to the availability of mifepristone and misoprostol, and California may not be able to guarantee a continued supply. Previously, Governor Newsom implemented a plan to stockpile doses of misoprostol. While this effort was successful, the Legislature finds that the state needs to renew its stockpile to ensure that Californians can continue to exercise their constitutional rights.SEC. 3. It is the intent of the Legislature to enact legislation that would ensure access to medication abortion. | |
| 43 | 39 | ||
| 44 | 40 | The people of the State of California do enact as follows: | |
| 45 | 41 | ||
| 46 | 42 | ## The people of the State of California do enact as follows: | |
| 47 | 43 | ||
| 48 | - | SECTION 1. | |
| 44 | + | SECTION 1. This act shall be known, and may be cited, as the Access to Safe Abortion Care Act. | |
| 49 | 45 | ||
| 50 | - | SECTION 1. | |
| 46 | + | SECTION 1. This act shall be known, and may be cited, as the Access to Safe Abortion Care Act. | |
| 51 | 47 | ||
| 52 | - | SECTION 1. | |
| 48 | + | SECTION 1. This act shall be known, and may be cited, as the Access to Safe Abortion Care Act. | |
| 53 | 49 | ||
| 54 | 50 | ### SECTION 1. | |
| 55 | 51 | ||
| 56 | - | (a) In | |
| 52 | + | SEC. 2. The Legislature finds and declares all of the following:(a) Consistent with Section 1.1 of Article I of the California Constitution, individuals in the State of California have a constitutional right to choose to have an abortion.(b) In 2000, the federal Food and Drug Administration (FDA) approved mifepristone for use in the termination of pregnancy through 7 weeks of gestation, and extended its use to 10 weeks of gestation in 2016. In April 2019, the FDA approved a generic version of mifepristone.(c) Mifepristone is usually used in combination with a second drug, called misoprostol, to terminate a pregnancy. Misoprostol can also be used on its own to terminate a pregnancy. When mifepristone and misoprostol are used in combination, or when misoprostol is used alone to terminate a pregnancy, this is referred to as a medication abortion, to distinguish it from a procedural abortion.(d) Today, providers and researchers estimate that over 60 percent of all abortions in the United States are done using medication abortion.(e) With over 20 years of available data, medication abortion has proven to be remarkably safe and effective. Medication abortion has only a 0.4 percent risk of major complications, and a mortality rate of only 0.00064 percent. To put these figures in perspective, this is lower than the mortality rate associated with sildenafil, which carries a 0.0049 percent mortality rate. Using medication abortion is also far safer than carrying a pregnancy to term, as the United States has an overall maternal mortality rate of 0.0329 percent.(f) Mifepristone and misoprostol are widely used for the outpatient treatment of miscarriage. Medical providers utilize mifepristone and misoprostol in these instances to guard against many of the medical risks associated with miscarriage. During a miscarriage, a patient is at increased risk of infection and hemorrhage, which can lead to severe complications, permanent disability and loss of organ function, and, in extreme cases, death. The longer a miscarriage lasts, the greater the risk of these complications. A patient may also fail to fully pass the deceased fetus, placenta, or other products of conception, prolonging the process and increasing these risks. Mifepristone and misoprostol help to rapidly and completely empty the contents of a patients uterus, and thus mitigate these risks.(g) There are a number of conditions, including, but not limited to, PPROM or dilation of the cervix, which, when they occur before the point of viability, result in what doctors refer to as an inevitable miscarriage; though the fetus may still be alive, it has no chance of surviving outside the womb or long enough to reach viability. Because the risk of serious and potentially life-threatening complications increases as the pregnancy progresses, standard treatment in these tragic situations frequently involves administering mifepristone and misoprostol to immediately terminate the pregnancy.(h) From a medical perspective, there is no difference between the case of using mifepristone and misoprostol to terminate a nonviable pregnancy, using those drugs to treat a miscarriage, or using them to terminate a viable pregnancy. In all cases, the same drugs are administered, and the same biological processes ensue.(i) Misoprostol is also used to induce labor for patients with viable pregnancies when, for instance, a patients pregnancy is going too far past term (41 or 42 weeks in most cases), or when a late-developing complication, such as hypertension or preeclampsia, makes an earlier delivery the safest option.(j) Instrumentalities of the State of California regularly acquire and provide mifepristone and misoprostol. The five medical centers owned and operated by the University of California, for instance, all routinely acquire and use mifepristone and misoprostol for their patients in a variety of contexts.(k) Pursuant to the College Student Right to Access Act, each public university student health center (including at the University of California and California State University systems) is required to offer abortion by medication techniques onsite.(l) The widespread availability of mifepristone and misoprostol, through both state instrumentalities and private actors, furthers the policies and goals of the State of California, including safeguarding the health and welfare of Californians as a safe, effective, and convenient means of terminating a pregnancy, and by providing medical providers with safe and effective options to treat their patients in a wide variety of circumstances.(m) There are emerging threats to the availability of mifepristone and misoprostol, and California may not be able to guarantee a continued supply. Previously, Governor Newsom implemented a plan to stockpile doses of misoprostol. While this effort was successful, the Legislature finds that the state needs to renew its stockpile to ensure that Californians can continue to exercise their constitutional rights. | |
| 57 | 53 | ||
| 58 | - | ||
| 54 | + | SEC. 2. The Legislature finds and declares all of the following:(a) Consistent with Section 1.1 of Article I of the California Constitution, individuals in the State of California have a constitutional right to choose to have an abortion.(b) In 2000, the federal Food and Drug Administration (FDA) approved mifepristone for use in the termination of pregnancy through 7 weeks of gestation, and extended its use to 10 weeks of gestation in 2016. In April 2019, the FDA approved a generic version of mifepristone.(c) Mifepristone is usually used in combination with a second drug, called misoprostol, to terminate a pregnancy. Misoprostol can also be used on its own to terminate a pregnancy. When mifepristone and misoprostol are used in combination, or when misoprostol is used alone to terminate a pregnancy, this is referred to as a medication abortion, to distinguish it from a procedural abortion.(d) Today, providers and researchers estimate that over 60 percent of all abortions in the United States are done using medication abortion.(e) With over 20 years of available data, medication abortion has proven to be remarkably safe and effective. Medication abortion has only a 0.4 percent risk of major complications, and a mortality rate of only 0.00064 percent. To put these figures in perspective, this is lower than the mortality rate associated with sildenafil, which carries a 0.0049 percent mortality rate. Using medication abortion is also far safer than carrying a pregnancy to term, as the United States has an overall maternal mortality rate of 0.0329 percent.(f) Mifepristone and misoprostol are widely used for the outpatient treatment of miscarriage. Medical providers utilize mifepristone and misoprostol in these instances to guard against many of the medical risks associated with miscarriage. During a miscarriage, a patient is at increased risk of infection and hemorrhage, which can lead to severe complications, permanent disability and loss of organ function, and, in extreme cases, death. The longer a miscarriage lasts, the greater the risk of these complications. A patient may also fail to fully pass the deceased fetus, placenta, or other products of conception, prolonging the process and increasing these risks. Mifepristone and misoprostol help to rapidly and completely empty the contents of a patients uterus, and thus mitigate these risks.(g) There are a number of conditions, including, but not limited to, PPROM or dilation of the cervix, which, when they occur before the point of viability, result in what doctors refer to as an inevitable miscarriage; though the fetus may still be alive, it has no chance of surviving outside the womb or long enough to reach viability. Because the risk of serious and potentially life-threatening complications increases as the pregnancy progresses, standard treatment in these tragic situations frequently involves administering mifepristone and misoprostol to immediately terminate the pregnancy.(h) From a medical perspective, there is no difference between the case of using mifepristone and misoprostol to terminate a nonviable pregnancy, using those drugs to treat a miscarriage, or using them to terminate a viable pregnancy. In all cases, the same drugs are administered, and the same biological processes ensue.(i) Misoprostol is also used to induce labor for patients with viable pregnancies when, for instance, a patients pregnancy is going too far past term (41 or 42 weeks in most cases), or when a late-developing complication, such as hypertension or preeclampsia, makes an earlier delivery the safest option.(j) Instrumentalities of the State of California regularly acquire and provide mifepristone and misoprostol. The five medical centers owned and operated by the University of California, for instance, all routinely acquire and use mifepristone and misoprostol for their patients in a variety of contexts.(k) Pursuant to the College Student Right to Access Act, each public university student health center (including at the University of California and California State University systems) is required to offer abortion by medication techniques onsite.(l) The widespread availability of mifepristone and misoprostol, through both state instrumentalities and private actors, furthers the policies and goals of the State of California, including safeguarding the health and welfare of Californians as a safe, effective, and convenient means of terminating a pregnancy, and by providing medical providers with safe and effective options to treat their patients in a wide variety of circumstances.(m) There are emerging threats to the availability of mifepristone and misoprostol, and California may not be able to guarantee a continued supply. Previously, Governor Newsom implemented a plan to stockpile doses of misoprostol. While this effort was successful, the Legislature finds that the state needs to renew its stockpile to ensure that Californians can continue to exercise their constitutional rights. | |
| 59 | 55 | ||
| 60 | - | (c) Californias decision to protect access to abortion as a matter of both individual rights and sound public policy is consistent with the promise of the Dobbs decision that abortion would be entrusted to the states and the normal political processes. However, in the wake of Dobbs, there are numerous threats to access to abortion care and reproductive rights, even in California. In particular, an ongoing court case, Missouri et al. v. U.S. FDA et al., Case No. 2:22-cv-00223-Z (N.D. Tex), threatens to upend access to mifepristone. | |
| 61 | - | ||
| 62 | - | (d) In 2000, the United States Food and Drug Administration (FDA) approved mifepristone for use in the termination of pregnancy. In April 2019, the FDA approved a generic version of mifepristone. | |
| 63 | - | ||
| 64 | - | (e) Mifepristone is usually used in combination with misoprostol to terminate a pregnancy. Misoprostol can also be used on its own to terminate a pregnancy. When mifepristone and misoprostol are used in combination, or when misoprostol is used alone to terminate a pregnancy, this is referred to as a medication abortion, to distinguish it from a procedural abortion. | |
| 65 | - | ||
| 66 | - | (f) Today, providers and researchers estimate that over 60 percent of all abortions in the United States are done using medication abortion. | |
| 67 | - | ||
| 68 | - | (g) With over 20 years of available data, medication abortion has proven to be remarkably safe and effective. Medication abortion has only a 0.4-percent risk of major complications, and a mortality rate of only 0.00064 percent. To put these figures in perspective, this is lower than the mortality rate associated with Viagra, which carries a 0.0049-percent mortality rate. Using medication abortion is also far safer than carrying a pregnancy to term, as the United States has an overall maternal mortality rate of 0.0329 percent. | |
| 69 | - | ||
| 70 | - | (h) Instrumentalities of the State of California regularly acquire and provide mifepristone and misoprostol. The five medical centers owned and operated by the University of California, for instance, all routinely acquire and use mifepristone and misoprostol for their patients in a variety of contexts. | |
| 71 | - | ||
| 72 | - | (i) Pursuant to the College Student Right to Access Act, each public university student health center (including at the University of California and California State University systems) is required to offer abortion by medication techniques onsite. | |
| 73 | - | ||
| 74 | - | (j) The widespread availability of mifepristone and misoprostol, through both state instrumentalities and private actors, furthers the policies and goals of the State of California, including safeguarding the health and welfare of Californians as a safe, effective, and accessible means of terminating a pregnancy, and by providing medical providers with safe and effective options to treat their patients under a wide variety of circumstances. | |
| 75 | - | ||
| 76 | - | SEC. 2. Chapter 25 (commencing with Section 27050) is added to Division 20 of the Health and Safety Code, to read: CHAPTER 25. Access to Safe Abortion Care Act27050. This chapter shall be known, and may be cited, as the Access to Safe Abortion Care Act.27051. (a) Consistent with the public policy and constitutional guarantees of California, and to avoid any confusion or misinformation on the matter, the Legislature reaffirms that it has been, and shall continue to be, lawful to cause the delivery of, or mail, ship, take, receive, or otherwise transport, into California from out of state or within the boundaries of California, any drug, medicine, or instrument that can be designed or adapted to produce an abortion that is lawful in the State of California.(b) A manufacturer, distributor, authorized health care provider, pharmacist, or individual shall not be subject to civil or criminal liability, or professional disciplinary action, for accessing, mailing, shipping, receiving, transporting, distributing, dispensing, or administering mifepristone or misoprostol on or after January 1, 2020, in accordance with the laws of this state, applicable and accepted standards of care, and good faith compliance with this chapter. This subdivision shall be applied retroactively to January 1, 2020.27052. The provisions of this chapter are severable. If any provision of this chapter or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. | |
| 77 | - | ||
| 78 | - | SEC. 2. Chapter 25 (commencing with Section 27050) is added to Division 20 of the Health and Safety Code, to read: | |
| 56 | + | SEC. 2. The Legislature finds and declares all of the following: | |
| 79 | 57 | ||
| 80 | 58 | ### SEC. 2. | |
| 81 | 59 | ||
| 82 | - | CHAPTER 25. Access to Safe Abortion Care Act27050. This chapter shall be known, and may be cited, as the Access to Safe Abortion Care Act.27051. (a) Consistent with the public policy and constitutional guarantees of California, and to avoid any confusion or misinformation on the matter, the Legislature reaffirms that it has been, and shall continue to be, lawful to cause the delivery of, or mail, ship, take, receive, or otherwise transport, into California from out of state or within the boundaries of California, any drug, medicine, or instrument that can be designed or adapted to produce an abortion that is lawful in the State of California.(b) A manufacturer, distributor, authorized health care provider, pharmacist, or individual shall not be subject to civil or criminal liability, or professional disciplinary action, for accessing, mailing, shipping, receiving, transporting, distributing, dispensing, or administering mifepristone or misoprostol on or after January 1, 2020, in accordance with the laws of this state, applicable and accepted standards of care, and good faith compliance with this chapter. This subdivision shall be applied retroactively to January 1, 2020.27052. The provisions of this chapter are severable. If any provision of this chapter or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. | |
| 83 | - | ||
| 84 | - | CHAPTER 25. Access to Safe Abortion Care Act27050. This chapter shall be known, and may be cited, as the Access to Safe Abortion Care Act.27051. (a) Consistent with the public policy and constitutional guarantees of California, and to avoid any confusion or misinformation on the matter, the Legislature reaffirms that it has been, and shall continue to be, lawful to cause the delivery of, or mail, ship, take, receive, or otherwise transport, into California from out of state or within the boundaries of California, any drug, medicine, or instrument that can be designed or adapted to produce an abortion that is lawful in the State of California.(b) A manufacturer, distributor, authorized health care provider, pharmacist, or individual shall not be subject to civil or criminal liability, or professional disciplinary action, for accessing, mailing, shipping, receiving, transporting, distributing, dispensing, or administering mifepristone or misoprostol on or after January 1, 2020, in accordance with the laws of this state, applicable and accepted standards of care, and good faith compliance with this chapter. This subdivision shall be applied retroactively to January 1, 2020.27052. The provisions of this chapter are severable. If any provision of this chapter or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. | |
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| 86 | - | CHAPTER 25. Access to Safe Abortion Care Act | |
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| 88 | - | CHAPTER 25. Access to Safe Abortion Care Act | |
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| 90 | - | 27050. This chapter shall be known, and may be cited, as the Access to Safe Abortion Care Act. | |
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| 94 | - | 27050. This chapter shall be known, and may be cited, as the Access to Safe Abortion Care Act. | |
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| 96 | - | 27051. (a) Consistent with the public policy and constitutional guarantees of California, and to avoid any confusion or misinformation on the matter, the Legislature reaffirms that it has been, and shall continue to be, lawful to cause the delivery of, or mail, ship, take, receive, or otherwise transport, into California from out of state or within the boundaries of California, any drug, medicine, or instrument that can be designed or adapted to produce an abortion that is lawful in the State of California.(b) A manufacturer, distributor, authorized health care provider, pharmacist, or individual shall not be subject to civil or criminal liability, or professional disciplinary action, for accessing, mailing, shipping, receiving, transporting, distributing, dispensing, or administering mifepristone or misoprostol on or after January 1, 2020, in accordance with the laws of this state, applicable and accepted standards of care, and good faith compliance with this chapter. This subdivision shall be applied retroactively to January 1, 2020. | |
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| 100 | - | 27051. (a) Consistent with the public policy and constitutional guarantees of California, and to avoid any confusion or misinformation on the matter, the Legislature reaffirms that it has been, and shall continue to be, lawful to cause the delivery of, or mail, ship, take, receive, or otherwise transport, into California from out of state or within the boundaries of California, any drug, medicine, or instrument that can be designed or adapted to produce an abortion that is lawful in the State of California. | |
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| 102 | - | (b) A manufacturer, distributor, authorized health care provider, pharmacist, or individual shall not be subject to civil or criminal liability, or professional disciplinary action, for accessing, mailing, shipping, receiving, transporting, distributing, dispensing, or administering mifepristone or misoprostol on or after January 1, 2020, in accordance with the laws of this state, applicable and accepted standards of care, and good faith compliance with this chapter. This subdivision shall be applied retroactively to January 1, 2020. | |
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| 104 | - | 27052. The provisions of this chapter are severable. If any provision of this chapter or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. | |
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| 108 | - | 27052. The provisions of this chapter are severable. If any provision of this chapter or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. | |
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| 112 | - | This act shall be known, and may be cited, as the Access to Safe Abortion Care Act. | |
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| 118 | - | The Legislature finds and declares all of the following: | |
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| 122 | 60 | (a) Consistent with Section 1.1 of Article I of the California Constitution, individuals in the State of California have a constitutional right to choose to have an abortion. | |
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| 125 | 61 | ||
| 126 | 62 | (b) In 2000, the federal Food and Drug Administration (FDA) approved mifepristone for use in the termination of pregnancy through 7 weeks of gestation, and extended its use to 10 weeks of gestation in 2016. In April 2019, the FDA approved a generic version of mifepristone. | |
| 127 | 63 | ||
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| 130 | 64 | (c) Mifepristone is usually used in combination with a second drug, called misoprostol, to terminate a pregnancy. Misoprostol can also be used on its own to terminate a pregnancy. When mifepristone and misoprostol are used in combination, or when misoprostol is used alone to terminate a pregnancy, this is referred to as a medication abortion, to distinguish it from a procedural abortion. | |
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| 133 | 65 | ||
| 134 | 66 | (d) Today, providers and researchers estimate that over 60 percent of all abortions in the United States are done using medication abortion. | |
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| 138 | 68 | (e) With over 20 years of available data, medication abortion has proven to be remarkably safe and effective. Medication abortion has only a 0.4 percent risk of major complications, and a mortality rate of only 0.00064 percent. To put these figures in perspective, this is lower than the mortality rate associated with sildenafil, which carries a 0.0049 percent mortality rate. Using medication abortion is also far safer than carrying a pregnancy to term, as the United States has an overall maternal mortality rate of 0.0329 percent. | |
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| 141 | 69 | ||
| 142 | 70 | (f) Mifepristone and misoprostol are widely used for the outpatient treatment of miscarriage. Medical providers utilize mifepristone and misoprostol in these instances to guard against many of the medical risks associated with miscarriage. During a miscarriage, a patient is at increased risk of infection and hemorrhage, which can lead to severe complications, permanent disability and loss of organ function, and, in extreme cases, death. The longer a miscarriage lasts, the greater the risk of these complications. A patient may also fail to fully pass the deceased fetus, placenta, or other products of conception, prolonging the process and increasing these risks. Mifepristone and misoprostol help to rapidly and completely empty the contents of a patients uterus, and thus mitigate these risks. | |
| 143 | 71 | ||
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| 146 | 72 | (g) There are a number of conditions, including, but not limited to, PPROM or dilation of the cervix, which, when they occur before the point of viability, result in what doctors refer to as an inevitable miscarriage; though the fetus may still be alive, it has no chance of surviving outside the womb or long enough to reach viability. Because the risk of serious and potentially life-threatening complications increases as the pregnancy progresses, standard treatment in these tragic situations frequently involves administering mifepristone and misoprostol to immediately terminate the pregnancy. | |
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| 149 | 73 | ||
| 150 | 74 | (h) From a medical perspective, there is no difference between the case of using mifepristone and misoprostol to terminate a nonviable pregnancy, using those drugs to treat a miscarriage, or using them to terminate a viable pregnancy. In all cases, the same drugs are administered, and the same biological processes ensue. | |
| 151 | 75 | ||
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| 154 | 76 | (i) Misoprostol is also used to induce labor for patients with viable pregnancies when, for instance, a patients pregnancy is going too far past term (41 or 42 weeks in most cases), or when a late-developing complication, such as hypertension or preeclampsia, makes an earlier delivery the safest option. | |
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| 157 | 77 | ||
| 158 | 78 | (j) Instrumentalities of the State of California regularly acquire and provide mifepristone and misoprostol. The five medical centers owned and operated by the University of California, for instance, all routinely acquire and use mifepristone and misoprostol for their patients in a variety of contexts. | |
| 159 | 79 | ||
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| 162 | 80 | (k) Pursuant to the College Student Right to Access Act, each public university student health center (including at the University of California and California State University systems) is required to offer abortion by medication techniques onsite. | |
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| 165 | 81 | ||
| 166 | 82 | (l) The widespread availability of mifepristone and misoprostol, through both state instrumentalities and private actors, furthers the policies and goals of the State of California, including safeguarding the health and welfare of Californians as a safe, effective, and convenient means of terminating a pregnancy, and by providing medical providers with safe and effective options to treat their patients in a wide variety of circumstances. | |
| 167 | 83 | ||
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| 170 | 84 | (m) There are emerging threats to the availability of mifepristone and misoprostol, and California may not be able to guarantee a continued supply. Previously, Governor Newsom implemented a plan to stockpile doses of misoprostol. While this effort was successful, the Legislature finds that the state needs to renew its stockpile to ensure that Californians can continue to exercise their constitutional rights. | |
| 171 | 85 | ||
| 86 | + | SEC. 3. It is the intent of the Legislature to enact legislation that would ensure access to medication abortion. | |
| 172 | 87 | ||
| 88 | + | SEC. 3. It is the intent of the Legislature to enact legislation that would ensure access to medication abortion. | |
| 173 | 89 | ||
| 90 | + | SEC. 3. It is the intent of the Legislature to enact legislation that would ensure access to medication abortion. | |
| 174 | 91 | ||
| 175 | - | ||
| 176 | - | It is the intent of the Legislature to enact legislation that would ensure access to medication abortion. | |
| 92 | + | ### SEC. 3. |