The Californer - California: New Protections for People Who Need Abortion Care and Birth Control

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Bill package builds upon more than $200 million in state funding to create abortion.ca.gov, cover uninsured care, support providers, bolster security and more

SACRAMENTO – As other states throughout the country outlaw abortion and criminalize patients and doctors, California continues to lead the nation's fight for reproductive health care access and privacy.

Today, Governor Gavin Newsom signed additional bills into law to further protect people from legal retaliation and prohibit law enforcement and corporations from cooperating with out-of-state entities regarding lawful abortions in California, while also expanding access to contraception and abortion providers in California.

"An alarming number of states continue to outlaw abortion and criminalize women, and it's more important than ever to fight like hell for those who need these essential services. We're doing everything we can to protect people from any retaliation for accessing abortion care while also making it more affordable to get contraceptives," said Governor Newsom. "Our Legislature has been on the frontlines of this fight, and no other legislative body in the country is doing more to protect these fundamental rights – I'm proud to stand with them again and sign these critical bills into law."

The package signed today includes:

PROTECTIONS FROM CRIMINAL & CIVIL LIABILITIES: AB 2223 by Assemblymember Buffy Wicks (D-Oakland) helps to ensure that pregnancy loss is not criminalized, prohibiting a person from being criminally or civilly liable for miscarriage, stillbirth, abortion, or perinatal death due to causes that occurred in utero.
KEEPS MEDICAL RECORDS PRIVATE: AB 2091 by Assemblymember Mia Bonta (D-Oakland) prohibits a health care provider from releasing medical information on an individual seeking abortion care in response to a subpoena or request from out-of-state.
PROHIBITS COOPERATION WITH OUT-OF-STATE ENTITIES: AB 1242 by Assemblymember Rebecca Bauer-Kahan (D-Orinda) prohibits law enforcement and California corporations from cooperating with out-of-state entities regarding a lawful abortion in California. It also prohibits law enforcement from knowingly arresting a person for aiding in a lawful abortion in California.
EXPANDS BIRTH CONTROL ACCESS: SB 523 by Senator Connie Leyva (D-Chino) expands birth control access – regardless of gender or insurance coverage status – by requiring health plans to cover certain over-the-counter birth control without cost sharing. It also prohibits employment-related discrimination based on reproductive health decisions.
MORE HEALTH CARE PROVIDERS: SB 1375 by Senate President pro Tempore Toni G. Atkins (D-San Diego) expands training options for Nurse Practitioners and Certified Nurse-Midwives for purposes of performing abortion care by aspiration techniques.

Governor Newsom signs legislation to advance California's leadership on reproductive health care access and privacy.

"During this unprecedented time, I'm grateful to the Governor and the California Legislature for taking critical measures to protect a woman's right to choose and to enshrine the right to reproductive freedom into California's constitution," said First Partner Jennifer Siebel Newsom. "No person should be denied access to contraceptive services and abortion care because of a lack of resources or a fear of retribution. And we will not accept the status quo of rendering women powerless to determine their own destiny. In California, we trust women, we believe in women, and we see their value beyond their reproductive capabilities."

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"My colleagues and I saw the imminent danger headed for national abortion access more than a year ago and have spent every day since working to not only protect reproductive rights, but expand them. Our package of bills ensures that all Californians, and anyone who needs to come here, will receive the essential health care they need and the respect they deserve. Creating laws is like a marathon and today, we are only able to cross the finish line because of months of hard work, and leadership from the Legislative Women's Caucus and our partners on the California Future of Abortion Council." – Senate President pro Tempore Toni Atkins.

In addition to the bills detailed above, the Governor also signed into law:

AB 657 by Assemblymember Jim Cooper (D-Elk Grove): Expedites licensure for health care practitioners that come to California to provide abortion care services.
AB 2626 by Assemblymember Lisa Calderon (D-Whittier): Prohibits specified licensing boards from suspending or revoking a license solely for performing an abortion in accordance with the licensee's practice act.
AB 2205 by Assemblymember Wendy Carrillo (D-Los Angeles): Requires Covered California plans to report annually the total amounts of funds collected in special accounts for abortion care which was established under the ACA to hold premium payment of $1 per member per month and from which claims for abortion care must be paid.
SB 1142 by Senator Anna Caballero (D-Merced) and Senator Nancy Skinner (D-Berkeley): Requires the establishment of an abortion care services website and an evaluation of the Abortion Practical Support Fund.
SB 1245 by Senator Sydney Kamlager (D-Los Angeles): Establishes a reproductive health pilot project in LA County to support innovative approaches and collaborations to safeguard abortion access.
AB 1918 by Assemblymember Cottie Petrie-Norris (D-Laguna Beach): Creates the CA Reproductive Health Scholarship Corps to recruit, train and retain a diverse workforce of health care professionals who will provide reproductive health services in underserved areas of the state.
AB 2134 by Assemblymember Dr. Akilah Weber (D-San Diego): Establishes the CA Reproductive Health Equity Program which will provide grants to providers who provide uncompensated care to patients with low-incomes and those who face other financial barriers.
AB 2586 by Assemblymember Cristina Garcia (D-Bell Gardens): Establishes the CA Reproductive Justice and Freedom Fund to support CBOs in providing comprehensive reproductive/sexual health education, inclusive of abortion care, to disproportionately impacted communities.

The Governor previously signed SB 245 to eliminate cost-sharing for abortion services and AB 1666, which seeks to protect those in California from civil liability for providing, aiding, or receiving abortion care in the state.

"As extreme politicians across the country pursue personal political agendas seeking to restrict and criminalize people seeking and providing abortion services – essential health care that should be available to people where they live and when they want or need it – California is showing what is possible when leaders listen to experts, facts, science and from the people who are directly impacted," said Jodi Hicks, President and CEO of Planned Parenthood Affiliates of California. "Patients and providers across California and the country are living in a state of fear and confusion as we collectively try to navigate this new post-Roe reality. Today's bold and comprehensive actions provide reassurance to all that California is a Reproductive Freedom state and all are welcome to seek the care they want or need here in California."

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"California continues to take historic steps towards its promise to be a Reproductive Freedom state – not just protecting access to abortion care in the face of Roe v. Wade being overturned, but moving forward centering equity and expanding access to help people, regardless of where they call home, get the essential care they want or need here in California. This bill package, in addition to the $200+ million in new funding, will go a long way in helping people seeking care in California and the community organizations and providers already on the ground doing the work across the state. By signing this bill package, Governor Newsom is putting an exclamation mark on a year-long effort by California reproductive health, rights, and justice leaders and policymakers to prepare and respond to the U.S Supreme Court overturning 50 years of precedent and eliminating the federally protected right to abortion." – Steering Committee of the California Future of Abortion Council.

"California is committed to upholding and expanding protections that ensure reproductive health care is a right and not a privilege. The legislative package signed into law today strengthens the budget actions taken by the Governor earlier this summer to protect and expand reproductive care in California, while also breaking down barriers that have caused historic inequities in access and the health outcomes of our most vulnerable communities," said Secretary of the California Health & Human Services Agency, Dr. Mark Ghaly. "We stand ready to deliver on this vision of a Healthy California for All, which protects the health and wellbeing of anyone seeking critical reproductive services in California."

These actions build upon California's nation-leading actions to cut costs, expand access and strengthen protections for abortion care:

Allocated more than $200 million to help pay for travel costs, cover uninsured care, support health care facilities and providers, bolster security and more.
Signed legislation to help protect patients and providers in California from civil liability for providing, aiding or receiving abortion care in the state.
Launched a new Multi-State Commitment to defend access to reproductive health care and protect patients and providers.
Signed an executive order preventing medical records, patient data and other information from being shared by state agencies in response to inquiries or investigations brought by other states or individuals within those states looking to restrict abortion access, and declining to extradite any person in California sought by another state for lawful abortion services provided in California.
Eliminating copays for abortion care services and signed into law a legislative package to further strengthen access and protect patients and providers.
In November, California voters will have an opportunity to amend the state's constitution to enshrine the right to an abortion following the introduction of a constitutional amendment by state leaders.

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