reglab/statecodes huggingface dataset:
2023 California Code › Health and Safety Code - HSC › DIVISION 106 - PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) › PART 2 - MATERNAL, CHILD, AND ADOLESCENT HEALTH › CHAPTER 1 - General Provisions › ARTICLE 2 - Women, Infants, and Children s Nutrition › Section 123335.

123335. Any officer, employee, or agent of the department may enter the place of business of any vendor transacting nutrition coupons to verify food prices, to witness or investigate procedures, to conduct financial audits, or to otherwise determine compliance of the vendor with this article and the vendor agreement.
(Added by Stats. 1995, Ch. 415, Sec. 8. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 106 - PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) › PART 2 - MATERNAL, CHILD, AND ADOLESCENT HEALTH › CHAPTER 1 - General Provisions › ARTICLE 2 - Women, Infants, and Children s Nutrition › Section 123345.

123345. An abstract of judgment obtained pursuant to subdivisions (a) and (b) of Section 123340 or a copy thereof may be recorded with the county recorder of any county. From the time of recording, the judgment shall constitute a lien upon all real or personal property owned by the vendor at the time, or that the vendor may afterwards, but before the lien expires, acquire. The lien shall have the force, effect, and priority of a judgment lien and shall continue for 10 years from the time of recording of the abstract of judgment obtained pursuant to subdivisions (a) and (b) of Section 123340 unless sooner released or otherwise discharged.
The lien may, within 10 years from the date of recording of the abstract of judgment or within 10 years from the date of the last extension of the lien in the manner herein provided, be extended by recording a new abstract in the office of the county recorder of any county. From the date of the recording the lien shall be extended for 10 years unless sooner released or otherwise discharged.
(Amended by Stats. 1997, Ch. 97, Sec. 9. Effective July 21, 1997.)
2023 California Code › Health and Safety Code - HSC › DIVISION 106 - PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) › PART 2 - MATERNAL, CHILD, AND ADOLESCENT HEALTH › CHAPTER 1 - General Provisions › ARTICLE 2 - Women, Infants, and Children s Nutrition › Section 123350.

123350. The department shall arrange for the conduct of periodic audits of participating local agencies.
(Added by Stats. 1995, Ch. 415, Sec. 8. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 106 - PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) › PART 2 - MATERNAL, CHILD, AND ADOLESCENT HEALTH › CHAPTER 1 - General Provisions › ARTICLE 2 - Women, Infants, and Children s Nutrition › Section 123355.

123355. The department shall provide a hearing procedure whereby any food vendor or local agency may appeal any adverse action taken by the department affecting the vendor’s or local agency’s participation in the California Supplemental Food Program for Women, Infants, and Children. The hearing procedure shall be in accordance with the requirements of the federal regulations for the Special Supplemental Food Program for Women, Infants, and Children, that is contained in Section 246 et seq. of Title 7 of the Code of Federal Regulations.
(Added by Stats. 1995, Ch. 415, Sec. 8. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 106 - PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) › PART 2 - MATERNAL, CHILD, AND ADOLESCENT HEALTH › CHAPTER 1 - General Provisions › ARTICLE 3 - Breast Feeding › Section 123360.

123360. (a) The State Department of Public Health shall include in its public service campaign the promotion of mothers breast-feeding their infants.
(b) The department shall develop a model eight-hour training course of hospital policies and recommendations that promote exclusive breast-feeding, incorporating available materials already developed by the department, and shall specify hospital staff for whom this model training is appropriate. The department shall also provide the model training materials to hospitals, upon request.
(Amended by Stats. 2007, Ch. 460, Sec. 3. Effective January 1, 2008.)
2023 California Code › Health and Safety Code - HSC › DIVISION 106 - PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) › PART 2 - MATERNAL, CHILD, AND ADOLESCENT HEALTH › CHAPTER 1 - General Provisions › ARTICLE 3 - Breast Feeding › Section 123361.

123361. To the extent that non-United States Department of Agriculture (USDA) federal funds and private grants or donations are made available for this purpose, the State Department of Public Health shall, no later than July 1, 2008, begin expansion of the breast-feeding peer counseling program at local agency California Special Supplemental Food Program for Women, Infants, and Children (WIC) sites. Plans for the expansion of the program shall take into account local WIC agency program models that have demonstrated the greatest improvement in breast-feeding rates, including exclusive breast-feeding rates. Program expansion shall be contingent upon the availability of non-USDA federal funds and private grants or donations being made available for this purpose. Nothing in this section shall impact USDA federal funding for the WIC Supplemental Food Program or the breast-feeding peer counseling program at local agency WIC sites.
(Added by Stats. 2007, Ch. 460, Sec. 4. Effective January 1, 2008.)
2023 California Code › Health and Safety Code - HSC › DIVISION 106 - PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) › PART 2 - MATERNAL, CHILD, AND ADOLESCENT HEALTH › CHAPTER 1 - General Provisions › ARTICLE 3 - Breast Feeding › Section 123365.

123365. (a)  All general acute care hospitals, as defined in subdivision (a) of Section 1250, and all special hospitals providing maternity care, as defined in subdivision (f) of Section 1250, shall make available a breast feeding consultant or alternatively, provide information to the mother on where to receive breast feeding information.
(b)  The consultant may be a registered nurse with maternal and newborn care experience, if available.
(c)  The consultation shall be made available during the hospitalization associated with the delivery, or alternatively, the hospital shall provide information to the mother on where to receive breast feeding information.
(d)  The patient may decline this consultation or information.
(Added by renumbering Section 319.55 (as added by Stats. 1995, Ch. 463) by Stats. 1996, Ch. 1023, Sec. 115. Effective September 29, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 106 - PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) › PART 2 - MATERNAL, CHILD, AND ADOLESCENT HEALTH › CHAPTER 1 - General Provisions › ARTICLE 3 - Breast Feeding › Section 123366.

123366. (a) This section shall be known, and may be cited, as the Hospital Infant Feeding Act.
(b) For the purposes of this section, the following definitions shall apply:
(1) “Perinatal unit” means a maternity and newborn service of the hospital for the provision of care during pregnancy, labor, delivery, and postpartum and neonatal periods with appropriate staff, space, equipment, and supplies.
(2) “Baby-Friendly Hospital Initiative” means the program sponsored by the World Health Organization (WHO) and the United Nations Children’s Fund (UNICEF) that recognizes hospitals that offer an optimal level of care for infant feeding.
(3) “Model Hospital Policy Recommendations” means the most recently updated guidelines approved and published by the State Department of Public Health entitled, “Providing Breastfeeding Support: Model Hospital Policy Recommendations.”
(c) All general acute care hospitals and special hospitals, as defined in subdivisions (a) and (f) of Section 1250, that have a perinatal unit shall have an infant-feeding policy. The infant-feeding policy shall promote breastfeeding, utilizing guidance provided by the Baby-Friendly Hospital Initiative or the State Department of Public Health Model Hospital Policy Recommendations. The infant-feeding policy may include guidance on formula supplementation or bottlefeeding, if preferred by the mother or when exclusive breastfeeding is contraindicated for the mother or infant.
(d) The infant-feeding policy shall be routinely communicated to perinatal unit staff, beginning with hospital orientation, and shall be clearly posted in the perinatal unit or on the hospital or health system Internet Web site.
(e) The infant-feeding policy shall apply to all infants in a perinatal unit.
(f) This section shall become operative January 1, 2014.
(Added by Stats. 2011, Ch. 511, Sec. 2. (SB 502) Effective January 1, 2012. Section operative January 1, 2014, by its own provisions.)
2023 California Code › Health and Safety Code - HSC › DIVISION 106 - PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) › PART 2 - MATERNAL, CHILD, AND ADOLESCENT HEALTH › CHAPTER 1 - General Provisions › ARTICLE 3 - Breast Feeding › Section 123367.

123367. (a) For the purposes of this section, the following definitions shall apply:
(1) “Baby-Friendly Hospital Initiative” means the program sponsored by the World Health Organization (WHO) and the United Nations Children’s Fund (UNICEF) that recognizes hospitals that offer an optimal level of care for infant feeding.
(2) “Perinatal unit” means a maternity and newborn service of the hospital for the provision of care during pregnancy, labor, delivery, and postpartum and neonatal periods with appropriate staff, space, equipment, and supplies.
(b) All general acute care hospitals and special hospitals, as defined in subdivisions (a) and (f) of Section 1250, that have a perinatal unit shall, by January 1, 2025, adopt the “Ten Steps to Successful Breastfeeding,” as adopted by Baby-Friendly USA, per the Baby-Friendly Hospital Initiative, or an alternate process adopted by a health care service plan that includes evidence-based policies and practices and targeted outcomes, or the Model Hospital Policy Recommendations as defined in paragraph (3) of subdivision (b) of Section 123366.
(Amended by Stats. 2014, Ch. 71, Sec. 94. (SB 1304) Effective January 1, 2015.)
2023 California Code › Health and Safety Code - HSC › DIVISION 106 - PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) › PART 2 - MATERNAL, CHILD, AND ADOLESCENT HEALTH › CHAPTER 1 - General Provisions › ARTICLE 4 - Cord Blood Banking Education › Section 123370.

123370. The department shall conduct the Umbilical Cord Blood Community Awareness Campaign to do all of the following:
(a) Provide awareness, assistance, and information regarding umbilical cord blood banking options using brochures, television, print media, radio, Internet Web sites, outdoor advertising, and other media, where appropriate to disseminate information to licensed prenatal care providers, Family PACT providers, and pregnant women.
(b) Establish an Internet Web site to provide information about umbilical cord blood banking options that is accessible to prenatal care providers, pregnant women, and the general public.
(c) Undertake public education activities related to umbilical cord blood donation to targeted populations, as appropriate.
(Added by Stats. 2006, Ch. 484, Sec. 2. Effective January 1, 2007.)
2023 California Code › Health and Safety Code - HSC › DIVISION 106 - PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) › PART 2 - MATERNAL, CHILD, AND ADOLESCENT HEALTH › CHAPTER 2 - Maternal Health › ARTICLE 1 - Determination of Pregnancy › Section 123375.

123375. (a)  Except as otherwise provided in subdivision (b), no person shall sell, offer for sale, give away, distribute, or otherwise furnish materials intended to determine the presence of pregnancy, unless that person has obtained a certificate of acceptability from the department declaring that the materials have been approved as to efficacy and safety by the department.
(b)  Subdivision (a) shall not apply to materials intended to determine the presence of pregnancy, that are sold, offered for sale, given away, distributed, or otherwise furnished to a physician and surgeon licensed to practice in this state, a pharmacist licensed to practice in this state, a licensed primary care clinic, a licensed health facility, or a public health agency.
(c)  Any person other than a person described in subdivision (b) who intends to sell, offer for sale, give away, distribute or otherwise furnish materials intended to determine the presence of pregnancy shall first make application to the state department for certification of the materials. The department shall also require that an application for certification shall be accompanied by samples of any materials that are the subject of the application as the department may reasonably require.
Any violation of this section is a misdemeanor.
(Added by Stats. 1995, Ch. 415, Sec. 8. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 106 - PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) › PART 2 - MATERNAL, CHILD, AND ADOLESCENT HEALTH › CHAPTER 2 - Maternal Health › ARTICLE 1 - Determination of Pregnancy › Section 123380.

123380. Local public health agencies shall make pregnancy testing services available free or at cost to the person using the services. The results of any pregnancy test shall be confidential.
(Added by Stats. 1995, Ch. 415, Sec. 8. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 106 - PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) › PART 2 - MATERNAL, CHILD, AND ADOLESCENT HEALTH › CHAPTER 2 - Maternal Health › ARTICLE 1 - Determination of Pregnancy › Section 123385.

123385. It is the intent of the Legislature that the program authorized pursuant to this article be entirely self-supporting, and for this purpose the state department is authorized to establish a schedule of fees for applications for certificates of acceptability that shall provide revenues that shall not exceed the amount necessary, but shall be sufficient to cover all costs incurred in the administration of this article.
(Added by Stats. 1995, Ch. 415, Sec. 8. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 106 - PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) › PART 2 - MATERNAL, CHILD, AND ADOLESCENT HEALTH › CHAPTER 2 - Maternal Health › ARTICLE 1 - Determination of Pregnancy › Section 123418.

123418. Subject to all other provisions of this article, all residency programs in obstetrics and gynecology shall comply with the program requirements for residency education in obstetrics and gynecology of the Accreditation Council for Graduate Medical Education, which require that in addition to education and training in in-patient care, the program in obstetrics-gynecology be geared toward the development of competence in the provision of ambulatory primary health care for women, including, but not limited to, training in the performance of abortion services.
(Amended by Stats. 2003, Ch. 62, Sec. 197. Effective January 1, 2004.)
2023 California Code › Health and Safety Code - HSC › DIVISION 106 - PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) › PART 2 - MATERNAL, CHILD, AND ADOLESCENT HEALTH › CHAPTER 2 - Maternal Health › ARTICLE 2 - Abortion › Section 123425.

123425. The refusal of any person to submit to an abortion or surgical sterilization or to give consent therefor shall not be grounds for loss of any privileges or immunities to which the person would otherwise be entitled, nor shall submission to an abortion or surgical sterilization or the granting of consent therefor be a condition precedent to the receipt of any public benefits. The decision of any person to submit to an abortion or surgical sterilization or to give consent therefor shall not be grounds for loss of any privileges or immunities to which the person would otherwise be entitled, nor shall the refusal to submit to an abortion or surgical sterilization or to give consent therefor be a condition precedent to the receipt of any public benefits.
(Added by Stats. 1995, Ch. 415, Sec. 8. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 106 - PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) › PART 2 - MATERNAL, CHILD, AND ADOLESCENT HEALTH › CHAPTER 2 - Maternal Health › ARTICLE 2 - Abortion › Section 123435.

123435. The rights to medical treatment of an infant prematurely born alive in the course of an abortion shall be the same as the rights of an infant of similar medical status prematurely born spontaneously.
(Added by Stats. 1995, Ch. 415, Sec. 8. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 106 - PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) › PART 2 - MATERNAL, CHILD, AND ADOLESCENT HEALTH › CHAPTER 2 - Maternal Health › ARTICLE 2 - Abortion › Section 123440.

123440. (a)  It is unlawful for any person to use any aborted product of human conception, other than fetal remains, for any type of scientific or laboratory research or for any other kind of experimentation or study, except to protect or preserve the life and health of the fetus. “Fetal remains,” as used in this section, means a lifeless product of conception regardless of the duration of pregnancy. A fetus shall not be deemed to be lifeless for the purposes of this section, unless there is an absence of a discernible heartbeat.
(b)  In addition to any other criminal or civil liability that may be imposed by law, any violation of this section constitutes unprofessional conduct within the meaning of the Medical Practice Act, Chapter 5 (commencing with Section 2000) of Division 2 of the Business and Professions Code.
(Added by Stats. 1995, Ch. 415, Sec. 8. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 106 - PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) › PART 2 - MATERNAL, CHILD, AND ADOLESCENT HEALTH › CHAPTER 2 - Maternal Health › ARTICLE 2 - Abortion › Section 123445.

123445. (a)  Except as provided in subdivision (b), at the conclusion of any scientific or laboratory research or any other kind of experimentation or study upon fetal remains, the fetal remains shall be promptly interred or disposed of by incineration.
Storage of the fetal remains prior to the completion of the research, experimentation, or study shall be in a place not open to the public, and the method of storage shall prevent any deterioration of the fetal remains that would create a health hazard.
(b)  Subdivision (a) shall not apply to public or private educational institutions.
Any violation of this section is a misdemeanor.
(Added by Stats. 1995, Ch. 415, Sec. 8. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 106 - PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) › PART 2 - MATERNAL, CHILD, AND ADOLESCENT HEALTH › CHAPTER 2 - Maternal Health › ARTICLE 2.3 - Abortion Practical Support Fund › Section 123451.

123451. (a) As used in this article, the following definitions apply:
(1) “Abortion” has the same meaning as defined in Section 123464.
(2) “Department” means the Department of Health Care Access and Information.
(3) “Fund” means the Abortion Practical Support Fund.
(4) “Grantee” means a qualifying nonprofit organization in California that assists pregnant people with direct practical support for the purposes of obtaining an abortion.
(5) “Practical support” means financial or in-kind assistance to help a person access and obtain an abortion in California.
(b) The Abortion Practical Support Fund is hereby established in the State Treasury for the purpose of providing grants described in Section 123452. Notwithstanding Section 13340 of the Government Code, moneys in the Abortion Practical Support Fund are continuously appropriated to the department for providing grants described in Section 123452 and administrative costs as described in subdivision (d).
(c) Notwithstanding any other law, the department may receive and deposit moneys in the fund from the following entities:
(1) Nonstate entities, such as private sector or philanthropic entities.
(2) Local and federal government agencies.
(d) The department shall administer the fund. No more than 5 percent of the moneys in the fund shall be available for the department’s administrative activities related to planning and production of grants.
(e) Beginning no later than July 1, 2022, the fund shall be available to receive moneys from nonstate entities.
(Amended by Stats. 2022, Ch. 738, Sec. 2. (AB 204) Effective September 29, 2022.)
2023 California Code › Health and Safety Code - HSC › DIVISION 106 - PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) › PART 2 - MATERNAL, CHILD, AND ADOLESCENT HEALTH › CHAPTER 2 - Maternal Health › ARTICLE 2.3 - Abortion Practical Support Fund › Section 123452.5.

123452.5. The department shall conduct an evaluation of the grant program implemented pursuant to Section 123452 and shall report its findings to the Legislature no later than January 1, 2025, and on an annual basis no later than each January 1 thereafter. The first annual report shall cover the period before July 1, 2024. Each subsequent annual report shall cover the previous fiscal year. The department may use moneys in the fund, upon appropriation by the Legislature, for the evaluation of the program. The report shall be submitted in compliance with Section 9795 of the Government Code.
(Added by Stats. 2022, Ch. 566, Sec. 3. (SB 1142) Effective January 1, 2023.)
2023 California Code › Health and Safety Code - HSC › DIVISION 106 - PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) › PART 2 - MATERNAL, CHILD, AND ADOLESCENT HEALTH › CHAPTER 2 - Maternal Health › ARTICLE 2.3 - Abortion Practical Support Fund › Section 123453.

123453. This article shall be construed to effectuate its legislative intent to support access to abortion in California and build upon its commitment to be a reproductive freedom state. The United States Supreme Court overturned the protections to access abortion under Roe v. Wade. For decades, abortion funds, abortion providers, and other community-based organizations have provided direct and indirect support to callers and patients with logistical and practical support needs. The purpose of this article ensures that people seeking abortion care have access to the logistical and practical support resources needed, to diminish barriers to care. The purpose of this article and all of its provisions with respect to the powers granted shall be interpreted to effectuate that intent and purposes to support organizations in California who provide support and resources to people seeking abortion.
(Added by Stats. 2022, Ch. 738, Sec. 4. (AB 204) Effective September 29, 2022.)
2023 California Code › Health and Safety Code - HSC › DIVISION 106 - PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) › PART 2 - MATERNAL, CHILD, AND ADOLESCENT HEALTH › CHAPTER 2 - Maternal Health › ARTICLE 2.5 - Reproductive Privacy Act › Section 123460.

123460. This article shall be known and may be cited as the Reproductive Privacy Act.
(Added by Stats. 2002, Ch. 385, Sec. 8. Effective January 1, 2003.)
2023 California Code › Health and Safety Code - HSC › DIVISION 106 - PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) › PART 2 - MATERNAL, CHILD, AND ADOLESCENT HEALTH › CHAPTER 2 - Maternal Health › ARTICLE 2.5 - Reproductive Privacy Act › Section 123462.

123462. The Legislature finds and declares that every individual possesses a fundamental right of privacy with respect to personal reproductive decisions, which entails the right to make and effectuate decisions about all matters relating to pregnancy, including prenatal care, childbirth, postpartum care, contraception, sterilization, abortion care, miscarriage management, and infertility care. Accordingly, it is the public policy of the State of California that:
(a)  Every individual has the fundamental right to choose or refuse birth control.
(b)  Every pregnant individual or individual who may become pregnant has the fundamental right to choose to bear a child or to choose to have and to obtain an abortion, except as specifically limited by this article.
(c)  The state shall not deny or interfere with the fundamental right of a pregnant individual or an individual who may become pregnant to choose to bear a child or to choose to have and to obtain an abortion, except as specifically permitted by this article.
(Amended by Stats. 2022, Ch. 629, Sec. 5. (AB 2223) Effective January 1, 2023.)
2023 California Code › Health and Safety Code - HSC › DIVISION 106 - PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) › PART 2 - MATERNAL, CHILD, AND ADOLESCENT HEALTH › CHAPTER 2 - Maternal Health › ARTICLE 2.5 - Reproductive Privacy Act › Section 123464.

123464. The following definitions shall apply for purposes of this chapter:
(a)  “Abortion” means any medical treatment intended to induce the termination of a pregnancy except for the purpose of producing a live birth.
(b)  “Pregnancy” means the human reproductive process, beginning with the implantation of an embryo.
(c)  “State” means the State of California, and every county, city, town and municipal corporation, and quasi-municipal corporation in the state.
(d)  “Viability” means the point in a pregnancy when, in the good faith medical judgment of a physician, on the particular facts of the case before that physician, there is a reasonable likelihood of the fetus’ sustained survival outside the uterus without the application of extraordinary medical measures.
(Amended by Stats. 2003, Ch. 62, Sec. 198. Effective January 1, 2004.)
2023 California Code › Health and Safety Code - HSC › DIVISION 106 - PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) › PART 2 - MATERNAL, CHILD, AND ADOLESCENT HEALTH › CHAPTER 2 - Maternal Health › ARTICLE 2.5 - Reproductive Privacy Act › Section 123466.

123466. (a) The state shall not deny or interfere with a woman’s or pregnant person’s 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 woman or pregnant person.
(b) A person shall not be compelled in a state, county, city, or other local criminal, administrative, legislative, or other proceeding to identify or provide information that would identify or that is related to an individual who has sought or obtained an abortion if the information is being requested based on either another state’s laws that interfere with a person’s rights under subdivision (a) or a foreign penal civil action, as defined in Section 2029.200 of the Code of Civil Procedure.
(Amended by Stats. 2022, Ch. 629, Sec. 6.5. (AB 2223) Effective January 1, 2023.)
2023 California Code › Health and Safety Code - HSC › DIVISION 106 - PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) › PART 2 - MATERNAL, CHILD, AND ADOLESCENT HEALTH › CHAPTER 2 - Maternal Health › ARTICLE 2.5 - Reproductive Privacy Act › Section 123467.

123467. (a) Notwithstanding any other law, a person shall not be subject to civil or criminal liability or penalty, or otherwise deprived of their rights under this article, based on their actions or omissions with respect to their pregnancy or actual, potential, or alleged pregnancy outcome, including miscarriage, stillbirth, or abortion, or perinatal death due to causes that occurred in utero.
(b) A person who aids or assists a pregnant person in exercising their rights under this article shall not be subject to civil or criminal liability or penalty, or otherwise be deprived of their rights, based solely on their actions to aid or assist a pregnant person in exercising their rights under this article with the pregnant person’s voluntary consent.
(Added by Stats. 2022, Ch. 629, Sec. 7. (AB 2223) Effective January 1, 2023.)
2023 California Code › Health and Safety Code - HSC › DIVISION 106 - PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) › PART 2 - MATERNAL, CHILD, AND ADOLESCENT HEALTH › CHAPTER 2 - Maternal Health › ARTICLE 2.5 - Reproductive Privacy Act › Section 123467.5.

123467.5. (a) A law of another state that authorizes a person to bring a civil action against a person or entity that does any of the following is contrary to the public policy of this state:
(1) Receives or seeks an abortion.
(2) Performs, provides, or induces an abortion.
(3) Knowingly engages in conduct that aids or abets the performance, provision, or inducement of an abortion.
(4) Attempts or intends to engage in the conduct described in paragraphs (1) to (3), inclusive.
(b) The state shall not do either of the following:
(1) Apply a law described in subdivision (a) to a case or controversy heard in state court.
(2) Enforce or satisfy a civil judgment received through an adjudication under a law described in subdivision (a).
(c) The provisions of this section are severable. If any provision of this section 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.
(Amended by Stats. 2023, Ch. 261, Sec. 2. (SB 487) Effective January 1, 2024.)
2023 California Code › Health and Safety Code - HSC › DIVISION 106 - PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) › PART 2 - MATERNAL, CHILD, AND ADOLESCENT HEALTH › CHAPTER 2 - Maternal Health › ARTICLE 2.5 - Reproductive Privacy Act › Section 123468.

123468. The performance of an abortion is unauthorized if performed by someone other than the pregnant person and if either of the following is true:
(a) The person performing the abortion is not a health care provider authorized to perform an abortion pursuant to Section 2253 of the Business and Professions Code.
(b) The abortion is performed on a viable fetus, and both of the following are established:
(1) In the good faith medical judgment of the physician, the fetus was viable.
(2) In the good faith medical judgment of the physician, continuation of the pregnancy posed no risk to life or health of the pregnant person.
(Amended by Stats. 2022, Ch. 629, Sec. 8. (AB 2223) Effective January 1, 2023.)
2023 California Code › Health and Safety Code - HSC › DIVISION 106 - PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) › PART 2 - MATERNAL, CHILD, AND ADOLESCENT HEALTH › CHAPTER 2 - Maternal Health › ARTICLE 2.5 - Reproductive Privacy Act › Section 123468.5.

123468.5. (a) (1) California law governs in any action in this state, whether civil, administrative, or criminal, against any person who provides, receives, aids or abets in providing or receiving, or attempts to provide or receive, by any means, including telehealth, the health care services described in paragraph (2) if the provider was located in this state or any other state where the care was legal at the time of the challenged conduct.
(2) Reproductive health care services and gender-affirming health care services, including gender-affirming mental health care services, are subject to paragraph (1).
(b) “Reproductive health” has the same meaning as set forth in Section 1798.300 of the Health and Safety Code.
(c) “Gender-affirming health care services” and “gender-affirming mental health care services” have the same meaning as defined in paragraph (3) of subdivision (b) of Section 16010.2 of the Welfare and Institutions Code.
(Added by Stats. 2023, Ch. 260, Sec. 13. (SB 345) Effective January 1, 2024.)
2023 California Code › Health and Safety Code - HSC › DIVISION 106 - PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) › PART 2 - MATERNAL, CHILD, AND ADOLESCENT HEALTH › CHAPTER 2 - Maternal Health › ARTICLE 2.5 - Reproductive Privacy Act › Section 123469.

123469. (a) A party whose reproductive rights are protected by this article and whose reproductive rights are interfered with by conduct or by a statute, ordinance, or other state or local rule, regulation, or enactment in violation of this article may bring a civil action against an offending state actor in a state superior court.
(b) Whoever denies a right protected by this article, or aids, incites, or conspires in that denial, is liable for each and every offense for the actual damages suffered by any person denied that right and, in addition, all of the following:
(1) An amount to be determined by a jury, or a court sitting without a jury, for exemplary damages.
(2) A civil penalty of twenty-five thousand dollars ($25,000), to be awarded to the person denied the right protected by this article.
(3) Preventive relief, including permanent or temporary injunction, restraining order, or other order against the person or persons responsible for the conduct, as the complainant deems necessary to ensure the full enjoyment of the rights described in this article.
(4) Upon a motion, a court shall award reasonable attorney’s fees and costs, including expert witness fees and other litigation expenses, to a plaintiff who is a prevailing party in an action brought pursuant to this section. In awarding reasonable attorney’s fees, the court shall consider the degree to which the relief obtained relates to the relief sought.
(c) An action under subdivision (b) shall be commenced within three years of the alleged practice violation of this article.
(d) (1) A party aggrieved by conduct or regulation in violation of this article may also bring a civil action pursuant to Section 52.1 of the Civil Code. Notwithstanding Section 821.6 of the Government Code, a civil action pursuant to Section 52.1 of the Civil Code may be based upon instituting or prosecuting any judicial or administrative proceeding in violation of this article.
(2) For purpose of establishing liability pursuant to this subdivision, the criminal investigation, arrest, or prosecution, or threat of investigation, arrest, or prosecution, of a person with respect to their pregnancy or actual, potential, or alleged pregnancy outcome, constitutes “threat, intimidation, or coercion” pursuant to Section 52.1 of the Civil Code.
(e) Sections 825, 825.2, 825.4, and 825.6 of the Government Code, providing for indemnification of an employee or former employee of a public entity, apply to any cause of action brought under this section against an employee or former employee of a public entity.
(Added by Stats. 2022, Ch. 629, Sec. 9. (AB 2223) Effective January 1, 2023.)
2023 California Code › Health and Safety Code - HSC › DIVISION 106 - PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) › PART 2 - MATERNAL, CHILD, AND ADOLESCENT HEALTH › CHAPTER 2 - Maternal Health › ARTICLE 2.7 - Reproductive FACT Act › Section 123470.

123470. This article shall be known and may be cited as the Reproductive FACT (Freedom, Accountability, Comprehensive Care, and Transparency) Act or Reproductive FACT Act.
(Added by Stats. 2015, Ch. 700, Sec. 3. (AB 775) Effective January 1, 2016.)
2023 California Code › Health and Safety Code - HSC › DIVISION 106 - PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) › PART 2 - MATERNAL, CHILD, AND ADOLESCENT HEALTH › CHAPTER 2 - Maternal Health › ARTICLE 2.7 - Reproductive FACT Act › Section 123471.

123471. (a) For purposes of this article, and except as provided in subdivision (c), “licensed covered facility” means a facility licensed under Section 1204 or an intermittent clinic operating under a primary care clinic pursuant to subdivision (h) of Section 1206, whose primary purpose is providing family planning or pregnancy-related services, and that satisfies two or more of the following:
(1) The facility offers obstetric ultrasounds, obstetric sonograms, or prenatal care to pregnant women.
(2) The facility provides, or offers counseling about, contraception or contraceptive methods.
(3) The facility offers pregnancy testing or pregnancy diagnosis.
(4) The facility advertises or solicits patrons with offers to provide prenatal sonography, pregnancy tests, or pregnancy options counseling.
(5) The facility offers abortion services.
(6) The facility has staff or volunteers who collect health information from clients.
(b) For purposes of this article, subject to subdivision (c), “unlicensed covered facility” is a facility that is not licensed by the State of California and does not have a licensed medical provider on staff or under contract who provides or directly supervises the provision of all of the services, whose primary purpose is providing pregnancy-related services, and that satisfies two or more of the following:
(1) The facility offers obstetric ultrasounds, obstetric sonograms, or prenatal care to pregnant women.
(2) The facility offers pregnancy testing or pregnancy diagnosis.
(3) The facility advertises or solicits patrons with offers to provide prenatal sonography, pregnancy tests, or pregnancy options counseling.
(4) The facility has staff or volunteers who collect health information from clients.
(c) This article shall not apply to either of the following:
(1) A clinic directly conducted, maintained, or operated by the United States or any of its departments, officers, or agencies.
(2) A licensed primary care clinic that is enrolled as a Medi-Cal provider and a provider in the Family Planning, Access, Care, and Treatment Program.
(Added by Stats. 2015, Ch. 700, Sec. 3. (AB 775) Effective January 1, 2016.)
2023 California Code › Health and Safety Code - HSC › DIVISION 106 - PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) › PART 2 - MATERNAL, CHILD, AND ADOLESCENT HEALTH › CHAPTER 2 - Maternal Health › ARTICLE 2.7 - Reproductive FACT Act › Section 123472.

123472. (a) A licensed covered facility shall disseminate to clients on site the following notice in English and in the primary threshold languages for Medi-Cal beneficiaries as determined by the State Department of Health Care Services for the county in which the facility is located.
(1) The notice shall state:
“California has public programs that provide immediate free or low-cost access to comprehensive family planning services (including all FDA-approved methods of contraception), prenatal care, and abortion for eligible women. To determine whether you qualify, contact the county social services office at [insert the telephone number].”
(2) The information shall be disclosed in one of the following ways:
(A) A public notice posted in a conspicuous place where individuals wait that may be easily read by those seeking services from the facility. The notice shall be at least 8.5 inches by 11 inches and written in no less than 22-point type.
(B) A printed notice distributed to all clients in no less than 14-point type.
(C) A digital notice distributed to all clients that can be read at the time of check-in or arrival, in the same point type as other digital disclosures. A printed notice as described in subparagraph (B) shall be available for all clients who cannot or do not wish to receive the information in a digital format.
(3) The notice may be combined with other mandated disclosures.
(b) An unlicensed covered facility shall disseminate to clients on site and in any print and digital advertising materials including Internet Web sites, the following notice in English and in the primary threshold languages for Medi-Cal beneficiaries as determined by the State Department of Health Care Services for the county in which the facility is located.
(1) The notice shall state: “This facility is not licensed as a medical facility by the State of California and has no licensed medical provider who provides or directly supervises the provision of services.”
(2) The onsite notice shall be a sign at least 8.5 inches by 11 inches and written in no less than 48-point type, and shall be posted conspicuously in the entrance of the facility and at least one additional area where clients wait to receive services.
(3) The notice in the advertising material shall be clear and conspicuous. “Clear and conspicuous” means in larger point type than the surrounding text, or in contrasting type, font, or color to the surrounding text of the same size, or set off from the surrounding text of the same size by symbols or other marks that call attention to the language.
(Added by Stats. 2015, Ch. 700, Sec. 3. (AB 775) Effective January 1, 2016.)
2023 California Code › Health and Safety Code - HSC › DIVISION 106 - PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) › PART 2 - MATERNAL, CHILD, AND ADOLESCENT HEALTH › CHAPTER 2 - Maternal Health › ARTICLE 2.7 - Reproductive FACT Act › Section 123473.

123473. (a) Covered facilities that fail to comply with the requirements of this article are liable for a civil penalty of five hundred dollars ($500) for a first offense and one thousand dollars ($1,000) for each subsequent offense. The Attorney General, city attorney, or county counsel may bring an action to impose a civil penalty pursuant to this section after doing both of the following:
(1) Providing the covered facility with reasonable notice of noncompliance, which informs the facility that it is subject to a civil penalty if it does not correct the violation within 30 days from the date the notice is sent to the facility.
(2) Verifying that the violation was not corrected within the 30-day period described in paragraph (1).
(b) The civil penalty shall be deposited into the General Fund if the action is brought by the Attorney General. If the action is brought by a city attorney, the civil penalty shall be paid to the treasurer of the city in which the judgment is entered. If the action is brought by a county counsel, the civil penalty shall be paid to the treasurer of the county in which the judgment is entered.
(Added by Stats. 2015, Ch. 700, Sec. 3. (AB 775) Effective January 1, 2016.)
2023 California Code › Health and Safety Code - HSC › DIVISION 106 - PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) › PART 2 - MATERNAL, CHILD, AND ADOLESCENT HEALTH › CHAPTER 2 - Maternal Health › ARTICLE 3 - Community-Based Perinatal System › Section 123475.

123475. The Legislature finds that a community-based system of comprehensive perinatal care, including prenatal care, delivery service, postpartum care, and neonatal and infant care are necessary services that have been demonstrated effective in preventing or reducing maternal, perinatal, and infant mortality and morbidity.
(Added by Stats. 1995, Ch. 415, Sec. 8. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 106 - PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) › PART 2 - MATERNAL, CHILD, AND ADOLESCENT HEALTH › CHAPTER 2 - Maternal Health › ARTICLE 3 - Community-Based Perinatal System › Section 123480.

123480. It is the intent of the Legislature in enacting this article to maintain, to the extent resources are available, a permanent statewide community-based comprehensive perinatal system to provide care and services to low-income pregnant women and their infants who are considered underserved in terms of comprehensive perinatal care.
It is also the intent of the Legislature that the statewide, community-based, comprehensive perinatal health care program be developed by the department to conform with the guidelines set forth in this article, and be integrated and coordinated with the perinatal access program in Article 2.5 (commencing with Section 288).
It is further the intent of the Legislature that these guidelines allow each applicant the flexibility to design a system specific to the nature of the community and the needs of the clients.
It is further the intent of the Legislature that the director, in allocating funds available for programs that provide comprehensive perinatal care, follow the guidelines and principles developed in this article.
(Added by Stats. 1995, Ch. 415, Sec. 8. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 106 - PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) › PART 2 - MATERNAL, CHILD, AND ADOLESCENT HEALTH › CHAPTER 2 - Maternal Health › ARTICLE 3 - Community-Based Perinatal System › Section 123485.

123485. The following definitions shall govern the construction of this article:
(a) “Community-based comprehensive perinatal care” means a range of prenatal, delivery, postpartum, infant, and pediatric care services delivered in an urban community or neighborhood, rural area, city or county clinic, city or county health department, freestanding birth center, or other health care provider facility by health care practitioners trained in methods of preventing complications and problems during and after pregnancy, and in methods of educating pregnant women of these preventive measures, and who provide a continuous range of services. The health care practitioners shall, through a system of established linkages to other levels of care in the community, consult with, and, when appropriate, refer to, specialists.
(b) “Low income” means all persons of childbearing age eligible for Medi-Cal benefits under Chapter 7 (commencing with Section 14000) and all persons eligible for public social services for which federal reimbursement is available, including potential recipients. “Potential recipients” shall include the pregnant woman and her infant in a family where current social, economic and health conditions of the family indicate that the family would likely become a recipient of financial assistance within the next five years.
(c) “Prenatal care” means care received from conception until the completion of labor and delivery.
(d) “Perinatal care” means care received from the time of conception through the first year after birth.
(e) “Qualified organization” means any nonprofit, not-for-profit, or for-profit corporation with demonstrated expertise in implementing the Nurse-Family Partnership program or similar programs in different local settings.
(f) “Qualified trainer” means anyone who has been certified by the Nurse-Family Partnership to provide training.
(g) “Department” means the State Department of Public Health, unless otherwise designated.
(Amended by Stats. 2007, Ch. 483, Sec. 29. Effective January 1, 2008.)
2023 California Code › Health and Safety Code - HSC › DIVISION 106 - PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) › PART 2 - MATERNAL, CHILD, AND ADOLESCENT HEALTH › CHAPTER 2 - Maternal Health › ARTICLE 3 - Community-Based Perinatal System › Section 123490.

123490. (a)  The department shall develop and maintain a statewide comprehensive community-based perinatal services program and enter into contracts, grants, or agreements with health care providers to deliver these services in a coordinated effort to the extent permitted under federal law and regulation. These contracts, grants, or agreements shall be made in medically underserved areas or areas with demonstrated need. Nothing in this section shall be construed to prevent reallocation of resources or use of new moneys for the development of new community-based comprehensive perinatal systems in underserved areas or areas with demonstrated need, and supplementation of systems already in existence.
(b)  As a condition of receiving funds from the Maternal and Child Health program, contractors shall bill the Medi-Cal program for services provided to Medi-Cal recipients.
(Added by Stats. 1995, Ch. 415, Sec. 8. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 106 - PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) › PART 2 - MATERNAL, CHILD, AND ADOLESCENT HEALTH › CHAPTER 2 - Maternal Health › ARTICLE 3 - Community-Based Perinatal System › Section 123491.

123491. (a)  There is hereby established a voluntary nurse home visiting grant program for expectant first-time mothers, their children, and their families, to be administered by the department pursuant to Section 123492. The program may be cited as the Nurse-Family Partnership program.
(b) The goals and objectives of the program shall be the same as, but shall not be limited to, those in the community-based comprehensive perinatal health care system as set forth in Section 123505.
(c) The department shall adopt regulations for the implementation of this section in accordance with Section 123516.
(Added by Stats. 2006, Ch. 878, Sec. 3. Effective January 1, 2007.)