reglab/statecodes huggingface dataset:
2023 California Code › Civil Code - CIV › DIVISION 1 - PERSONS › PART 2 - PERSONAL RIGHTS › Section 52.45.

52.45. (a) Any person who has been subjected to sexual orientation violence may bring a civil action for damages against any responsible party. The plaintiff may seek actual damages, compensatory damages, punitive damages, injunctive relief, any combination of those, or any other appropriate relief. A prevailing plaintiff may also be awarded attorney’s fees and costs.
(b) An action brought pursuant to this section shall be commenced within three years of the act, or if the victim was a minor when the act occurred, within eight years after the date the plaintiff attains the age of majority or within three years after the date the plaintiff discovers or reasonably should have discovered the psychological injury or illness occurring after the age of majority that was caused by the act, whichever date occurs later.
(c) For purposes of this section, “sexual orientation violence” means one or more acts that would constitute a criminal offense under state law that has as an element the use, attempted use, or threatened use of physical force against the person or property of another, committed at least in part based on the sexual orientation of the victim, whether or not those acts have resulted in criminal complaints, charges, prosecution, or conviction.
(d) Notwithstanding any other laws that may establish the liability of an employer for the acts of an employee, this section does not establish any civil liability of a person because of his or her status as an employer, unless the employer personally committed an act of sexual orientation violence.
(Added by Stats. 2015, Ch. 202, Sec. 2. (AB 830) Effective January 1, 2016.)
2023 California Code › Civil Code - CIV › DIVISION 1 - PERSONS › PART 2 - PERSONAL RIGHTS › Section 52.8.

52.8. (a) In a civil action seeking damages or equitable relief against any person or entity that distributes, benefits from, promotes, or induces another person to distribute unauthorized obscene materials, including through electronic distribution, a prevailing plaintiff shall be awarded attorney’s fees and costs.
(b) For purposes of this section:
(1) “Obscene material” means material, taken as a whole, that to the average person, applying contemporary statewide standards, appeals to the prurient interest, that, taken as a whole, depicts or describes sexual conduct in a patently offensive way, and that, taken as a whole, lacks serious literary, artistic, political, or scientific value.
(2) “Unauthorized” means either of the following:
(A) The obscene material was coerced, made, or obtained by trickery or subterfuge, or stolen, made, obtained, or distributed without the knowledge or without or beyond the express permission, freely given, of the person in the photograph, or the person whose identifiable likeness appears in the photograph.
(B) The obscene material is of a person who was less than 18 years of age at the time the obscene material was created.
(Added by Stats. 2022, Ch. 26, Sec. 1. (SB 1210) Effective January 1, 2023.)
2023 California Code › Civil Code - CIV › DIVISION 1 - PERSONS › PART 2 - PERSONAL RIGHTS › Section 53.

53. (a) Every provision in a written instrument relating to real property that purports to forbid or restrict the conveyance, encumbrance, leasing, or mortgaging of that real property to any person because of any characteristic listed or defined in subdivision (b) or (e) of Section 51 is void, and every restriction or prohibition as to the use or occupation of real property because of any characteristic listed or defined in subdivision (b) or (e) of Section 51 is void.
(b) Every restriction or prohibition, whether by way of covenant, condition upon use or occupation, or upon transfer of title to real property, which restriction or prohibition directly or indirectly limits the acquisition, use or occupation of that property because of any characteristic listed or defined in subdivision (b) or (e) of Section 51 is void.
(c) In any action to declare that a restriction or prohibition specified in subdivision (a) or (b) is void, the court shall take judicial notice of the recorded instrument or instruments containing the prohibitions or restrictions in the same manner that it takes judicial notice of the matters listed in Section 452 of the Evidence Code.
(Amended by Stats. 2005, Ch. 420, Sec. 7. Effective January 1, 2006.)
2023 California Code › Civil Code - CIV › DIVISION 1 - PERSONS › PART 2 - PERSONAL RIGHTS › Section 53.7.

53.7. (a) A statute, ordinance, or other state or local rule, regulation, or enactment shall not deny a minority group political structure equal protection of the law by altering, restructuring, or reordering the policy decisionmaking process in a manner that burdens the ability of members of the minority group to effect the enactment of future legislation, solely with respect to a matter that inures primarily to the benefit of, or is primarily of interest to, one or more minority groups.
(b) (1) A member of a minority group, as defined in paragraph (2), may bring a civil action challenging the validity of a statute, ordinance, or other state or local rule, regulation, or enactment, pursuant to subdivision (a).
(2) For purposes of this section, “minority group” means a group of persons who share in common any race, ethnicity, nationality, or sexual orientation.
(c) A statute, ordinance, or other state or local rule, regulation, or enactment shall be determined valid in an action brought pursuant to this section, only upon a showing by the government that the burden imposed by the statute, ordinance, or other state or local rule, regulation, or enactment satisfies both of the following criteria:
(1) The burden is necessary to serve a compelling government interest.
(2) The burden is no greater than necessary to serve the compelling government interest.
(Added by Stats. 2014, Ch. 912, Sec. 2. (AB 2646) Effective January 1, 2015.)
2023 California Code › Civil Code - CIV › DIVISION 1 - PERSONS › PART 2.5 - BLIND AND OTHER PHYSICALLY DISABLED PERSONS › Section 54.

54. (a) Individuals with disabilities or medical conditions have the same right as the general public to the full and free use of the streets, highways, sidewalks, walkways, public buildings, medical facilities, including hospitals, clinics, and physicians’ offices, public facilities, and other public places.
(b) For purposes of this section:
(1) “Disability” means any mental or physical disability as defined in Section 12926 of the Government Code.
(2) “Medical condition” has the same meaning as defined in subdivision (h) of Section 12926 of the Government Code.
(c) A violation of the right of an individual under the Americans with Disabilities Act of 1990 (Public Law 101-336) also constitutes a violation of this section.
(Amended by Stats. 2000, Ch. 1049, Sec. 4. Effective January 1, 2001.)
2023 California Code › Civil Code - CIV › DIVISION 1 - PERSONS › PART 2.5 - BLIND AND OTHER PHYSICALLY DISABLED PERSONS › Section 54.2.

54.2. (a) Every individual with a disability has the right to be accompanied by a guide dog, signal dog, or service dog, especially trained for the purpose, in any of the places specified in Section 54.1 without being required to pay an extra charge or security deposit for the guide dog, signal dog, or service dog. However, the individual shall be liable for any damage done to the premises or facilities by his or her dog.
(b) Individuals who are blind or otherwise visually impaired and persons licensed to train guide dogs for individuals who are blind or visually impaired pursuant to Chapter 9.5 (commencing with Section 7200) of Division 3 of the Business and Professions Code or as defined in regulations implementing Title III of the Americans with Disabilities Act of 1990 (Public Law 101-336), and individuals who are deaf or hard of hearing and persons authorized to train signal dogs for individuals who are deaf or hard of hearing, and individuals with a disability and persons who are authorized to train service dogs for the individuals with a disability may take dogs, for the purpose of training them as guide dogs, signal dogs, or service dogs in any of the places specified in Section 54.1 without being required to pay an extra charge or security deposit for the guide dog, signal dog, or service dog. However, the person shall be liable for any damage done to the premises or facilities by his or her dog. These persons shall ensure the dog is on a leash and tagged as a guide dog, signal dog, or service dog by an identification tag issued by the county clerk, animal control department, or other agency, as authorized by Chapter 3.5 (commencing with Section 30850) of Title 14 of the Food and Agricultural Code.
(c) A violation of the right of an individual under the Americans with Disabilities Act of 1990 (Public Law 101-336) also constitutes a violation of this section, and this section does not limit the access of any person in violation of that act.
(d) As used in this section, the terms “guide dog,” “signal dog,” and “service dog” have the same meanings as defined in Section 54.1.
(e) This section does not preclude the requirement of the showing of a license plate or disabled placard when required by enforcement units enforcing disabled persons parking violations pursuant to Sections 22507.8 and 22511.8 of the Vehicle Code.
(Amended by Stats. 2016, Ch. 94, Sec. 2. (AB 1709) Effective January 1, 2017.)
2023 California Code › Civil Code - CIV › DIVISION 1 - PERSONS › PART 2.5 - BLIND AND OTHER PHYSICALLY DISABLED PERSONS › Section 54.3.

54.3. (a) Any person or persons, firm or corporation who denies or interferes with admittance to or enjoyment of the public facilities as specified in Sections 54 and 54.1 or otherwise interferes with the rights of an individual with a disability under Sections 54, 54.1 and 54.2 is liable for each offense for the actual damages and any amount as may be determined by a jury, or the court sitting without a jury, up to a maximum of three times the amount of actual damages but in no case less than one thousand dollars ($1,000), and attorney’s fees as may be determined by the court in addition thereto, suffered by any person denied any of the rights provided in Sections 54, 54.1, and 54.2. “Interfere,” for purposes of this section, includes, but is not limited to, preventing or causing the prevention of a guide dog, signal dog, or service dog from carrying out its functions in assisting a disabled person.
(b) Any person who claims to be aggrieved by an alleged unlawful practice in violation of Section 54, 54.1, or 54.2 may also file a verified complaint with the Civil Rights Department pursuant to Section 12948 of the Government Code. The remedies in this section are nonexclusive and are in addition to any other remedy provided by law, including, but not limited to, any action for injunctive or other equitable relief available to the aggrieved party or brought in the name of the people of this state or of the United States.
(c) A person may not be held liable for damages pursuant to both this section and Section 52 for the same act or failure to act.
(Amended by Stats. 2022, Ch. 48, Sec. 6. (SB 189) Effective June 30, 2022.)
2023 California Code › Civil Code - CIV › DIVISION 1 - PERSONS › PART 2.5 - BLIND AND OTHER PHYSICALLY DISABLED PERSONS › Section 54.4.

54.4. A blind or otherwise visually impaired pedestrian shall have all of the rights and privileges conferred by law upon other persons in any of the places, accommodations, or conveyances specified in Sections 54 and 54.1, notwithstanding the fact that the person is not carrying a predominantly white cane (with or without a red tip), or using a guide dog. The failure of a blind or otherwise visually impaired person to carry such a cane or to use such a guide dog shall not constitute negligence per se.
(Amended by Stats. 1994, Ch. 1257, Sec. 5. Effective January 1, 1995.)
2023 California Code › Civil Code - CIV › DIVISION 1 - PERSONS › PART 2.5 - BLIND AND OTHER PHYSICALLY DISABLED PERSONS › Section 54.5.

54.5. Each year, the Governor shall publicly proclaim October 15 as White Cane Safety Day. He or she shall issue a proclamation in which:
(a) Comments shall be made upon the significance of this chapter.
(b) Citizens of the state are called upon to observe the provisions of this chapter and to take precautions necessary to the safety of disabled persons.
(c) Citizens of the state are reminded of the policies with respect to disabled persons declared in this chapter and he urges the citizens to cooperate in giving effect to them.
(d) Emphasis shall be made on the need of the citizenry to be aware of the presence of disabled persons in the community and to keep safe and functional for the disabled the streets, highways, sidewalks, walkways, public buildings, public facilities, other public places, places of public accommodation, amusement and resort, and other places to which the public is invited, and to offer assistance to disabled persons upon appropriate occasions.
(e) It is the policy of this state to encourage and enable disabled persons to participate fully in the social and economic life of the state and to engage in remunerative employment.
(Amended by Stats. 1994, Ch. 1257, Sec. 6. Effective January 1, 1995.)
2023 California Code › Civil Code - CIV › DIVISION 1 - PERSONS › PART 2.5 - BLIND AND OTHER PHYSICALLY DISABLED PERSONS › Section 54.6.

54.6. As used in this part, “visually impaired” includes blindness and means having central visual acuity not to exceed 20/200 in the better eye, with corrected lenses, as measured by the Snellen test, or visual acuity greater than 20/200, but with a limitation in the field of vision such that the widest diameter of the visual field subtends an angle not greater than 20 degrees.
(Amended by Stats. 2006, Ch. 538, Sec. 38. Effective January 1, 2007.)
2023 California Code › Civil Code - CIV › DIVISION 1 - PERSONS › PART 2.5 - BLIND AND OTHER PHYSICALLY DISABLED PERSONS › Section 54.7.

54.7. (a) Notwithstanding any other provision of law, the provisions of this part shall not be construed to require zoos or wild animal parks to allow guide dogs, signal dogs, or service dogs to accompany individuals with a disability in areas of the zoo or park where zoo or park animals are not separated from members of the public by a physical barrier. As used in this section, “physical barrier” does not include an automobile or other conveyance.
(b) Any zoo or wild animal park that does not permit guide dogs, signal dogs, or service dogs to accompany individuals with a disability therein shall maintain, free of charge, adequate kennel facilities for the use of guide dogs, signal dogs, or service dogs belonging to these persons. These facilities shall be of a character commensurate with the anticipated daily attendance of individuals with a disability. The facilities shall be in an area not accessible to the general public, shall be equipped with water and utensils for the consumption thereof, and shall otherwise be safe, clean, and comfortable.
(c) Any zoo or wild animal park that does not permit guide dogs to accompany blind or visually impaired persons therein shall provide free transportation to blind or visually impaired persons on any mode of transportation provided for members of the public.
Each zoo or wild animal park that does not permit service dogs to accompany individuals with a disability shall provide free transportation to individuals with a disability on any mode of transportation provided for a member of the public in cases where the person uses a wheelchair and it is readily apparent that the person is unable to maintain complete or independent mobility without the aid of the service dog.
(d) Any zoo or wild animal park that does not permit guide dogs to accompany blind or otherwise visually impaired persons therein shall provide sighted escorts for blind or otherwise visually impaired persons if they are unaccompanied by a sighted person.
(e) As used in this section, “wild animal park” means any entity open to the public on a regular basis, licensed by the United States Department of Agriculture under the Animal Welfare Act as an exhibit, and operating for the primary purposes of conserving, propagating, and exhibiting wild and exotic animals, and any marine, mammal, or aquatic park open to the general public.
(Amended by Stats. 1994, Ch. 1257, Sec. 8. Effective January 1, 1995.)
2023 California Code › Civil Code - CIV › DIVISION 1 - PERSONS › PART 2.5 - BLIND AND OTHER PHYSICALLY DISABLED PERSONS › Section 54.9.

54.9. (a) On and after January 1, 2009, a manufacturer or distributor of touch-screen devices used for the purpose of self-service check-in at a hotel or at a facility providing passenger transportation services shall offer for availability touch-screen self-service check-in devices that contain the necessary technology.
(b) For purposes of this section, “necessary technology” means technology that enables a person with a visual impairment to do the following:
(1) Enter any personal information necessary to process a transaction in a manner that ensures the same degree of personal privacy afforded to those without visual impairments.
(2) Use the device independently and without the assistance of others in the same manner afforded to those without visual impairments.
(c) For purposes of this section, “hotel” means any hotel, motel, bed and breakfast inn, or other similar transient lodging establishment, but it does not include any residential hotel as defined in Section 50519 of the Health and Safety Code.
(d) This section shall not be construed to preclude or limit any other existing right or remedy as it pertains to self-service check-in devices and accessibility.
(Added by Stats. 2006, Ch. 546, Sec. 2. Effective January 1, 2007.)
2023 California Code › Civil Code - CIV › DIVISION 1 - PERSONS › PART 2.5 - BLIND AND OTHER PHYSICALLY DISABLED PERSONS › Section 55.

55. Any person who is aggrieved or potentially aggrieved by a violation of Section 54 or 54.1 of this code, Chapter 7 (commencing with Section 4450) of Division 5 of Title 1 of the Government Code, or Part 5.5 (commencing with Section 19955) of Division 13 of the Health and Safety Code may bring an action to enjoin the violation. The prevailing party in the action shall be entitled to recover reasonable attorney’s fees.
(Added by Stats. 1974, Ch. 1443.)
2023 California Code › Civil Code - CIV › DIVISION 1 - PERSONS › PART 2.5 - BLIND AND OTHER PHYSICALLY DISABLED PERSONS › Section 55.1.

55.1. In addition to any remedies available under the federal Americans with Disabilities Act of 1990, Public Law 101-336 (42 U.S.C. Sec. 12102), or other provisions of law, the district attorney, the city attorney, the Department of Rehabilitation acting through the Attorney General, or the Attorney General may bring an action to enjoin any violation of Section 54 or 54.1.
(Amended by Stats. 1994, Ch. 1257, Sec. 9. Effective January 1, 1995.)
2023 California Code › Civil Code - CIV › DIVISION 1 - PERSONS › PART 2.5 - BLIND AND OTHER PHYSICALLY DISABLED PERSONS › Section 55.2.

55.2. If a violation of Section 54, 54.1, 54.2, or 54.3 is alleged or the application or construction of any of these sections is in issue in any proceeding in the Supreme Court of California, a state court of appeal, or the appellate division of a superior court, each party shall serve a copy of the party’s brief or petition and brief, on the State Solicitor General at the Office of the Attorney General. No brief may be accepted for filing unless the proof of service shows service on the State Solicitor General. Any party failing to comply with this requirement shall be given a reasonable opportunity to cure the failure before the court imposes any sanction and, in that instance, the court shall allow the Attorney General reasonable additional time to file a brief in the matter.
(Added by Stats. 2002, Ch. 244, Sec. 2. Effective January 1, 2003.)
2023 California Code › Civil Code - CIV › DIVISION 1 - PERSONS › PART 2.52 - CONSTRUCTION-RELATED ACCESSIBILITY STANDARDS COMPLIANCE › Section 55.51.

55.51. This part shall be known, and may be cited, as the Construction-Related Accessibility Standards Compliance Act. Notwithstanding any other provision of law, the provisions of this part shall apply to any construction-related accessibility claim, as defined in this part, including, but not limited to, any claim brought under Section 51, 54, 54.1, or 55.
(Added by Stats. 2008, Ch. 549, Sec. 3. Effective January 1, 2009. Became operative on date prescribed by Sec. 12 (subd. (a)) of Ch. 549. Section may become inoperative under conditions prescribed by Stats. 2008, Ch. 549, Sec. 12, subd. (b).)
2023 California Code › Civil Code - CIV › DIVISION 1 - PERSONS › PART 2.53 - ATTORNEY'S FEES AND STATUTORY DAMAGES IN CONSTRUCTION-RELATED ACCESSIBILITY STANDARDS CLAIMS › Section 55.55.

55.55. Notwithstanding subdivision (f) of Section 55.54, in determining an award of reasonable attorney’s fees and recoverable costs with respect to any construction-related accessibility claim, the court may consider, along with other relevant information, written settlement offers made and rejected by the parties. Nothing in this section affects or modifies the inadmissibility of evidence regarding offers of compromise pursuant to Section 1152 of the Evidence Code, including, but not limited to, inadmissibility to prove injury or damage.
(Added by Stats. 2008, Ch. 549, Sec. 4. Effective January 1, 2009. Became operative on date prescribed by Sec. 12 (subd. (a)) of Ch. 549. Section may become inoperative under conditions prescribed by Stats. 2008, Ch. 549, Sec. 12, subd. (c).)
2023 California Code › Civil Code - CIV › DIVISION 1 - PERSONS › PART 2.53 - ATTORNEY'S FEES AND STATUTORY DAMAGES IN CONSTRUCTION-RELATED ACCESSIBILITY STANDARDS CLAIMS › Section 55.57.

55.57. (a) This part shall apply only to claims filed on or after January 1, 2009. Nothing in this part is intended to affect litigation filed before that date, and no inference shall be drawn from provisions contained in this part concerning the state of the law as it existed prior to January 1, 2009.
(b) Nothing in this part is intended to affect existing law regarding class action requirements.
(Added by Stats. 2008, Ch. 549, Sec. 4. Effective January 1, 2009. Became operative on date prescribed by Sec. 12 (subd. (a)) of Ch. 549.)
2023 California Code › Civil Code - CIV › DIVISION 1 - PERSONS › PART 2.55 - Small Business Gender Discrimination In Services Compliance Act › Section 55.61.

55.61. This part shall be known, and may be cited, as the Small Business Gender Discrimination in Services Compliance Act.
(Added by Stats. 2017, Ch. 156, Sec. 1. (AB 1615) Effective January 1, 2018.)
2023 California Code › Civil Code - CIV › DIVISION 1 - PERSONS › PART 2.55 - Small Business Gender Discrimination In Services Compliance Act › Section 55.63.

55.63. (a) (1) On or before January 1, 2019, the Department of Consumer Affairs shall develop a pamphlet or other informational materials for use by the following business establishments: tailors and businesses providing aftermarket clothing alterations; barbers and hair salons; and dry cleaners and laundries providing services to individuals. The pamphlet shall explain the business’ rights and obligations under Section 51.6 in clear and concise language. Specifically, the pamphlet shall explain that the business is prohibited from charging different prices for services of similar or like kind based on the customer’s gender, unless the price difference is based upon the amount of time, difficulty, or cost of providing the services and that the business shall disclose a price list and sign in the manner prescribed in subdivision (f) of Section 51.6. The pamphlet shall explain that a business has 30 days to correct any violation of the posting requirements in subdivision (f) of Section 51.6 and that a business that fails to correct within 30 days of receiving notice of the violation is liable for a civil penalty of one thousand dollars ($1,000). The department may include any other information that would help the business comply with Section 51.6. The department shall subsequently revise the pamphlet, as necessary.
(2) The department shall provide the pamphlet or other informational materials required by paragraph (1) to an affected business establishment at the time that the business establishment applies for or renews a license, at the time of any inspection, or at both times. The department shall post a copy of the pamphlet or other informational materials on its internet website.
(3) Commencing October 1, 2020, the department shall provide the pamphlet and other informational materials required by paragraph (1) in English, Spanish, Chinese, Tagalog, Vietnamese, and Korean.
(b) By October 1, 2020, the department shall develop a written notice explaining the requirements and obligations specified in Section 51.6. The notice shall be available in English, Spanish, Chinese, Tagalog, Vietnamese, and Korean. The department shall post a copy of the notice in each language on its internet website in a format available for download. The department shall subsequently revise the notice, as necessary.
(Amended by Stats. 2019, Ch. 293, Sec. 2. (AB 1607) Effective January 1, 2020.)
2023 California Code › Civil Code - CIV › DIVISION 1 - PERSONS › PART 2.57 - Gender Neutral Retail Departments › Section 55.7.

55.7. The Legislature finds and declares both of the following:
(a) Unjustified differences in similar products that are traditionally marketed either for girls or for boys can be more easily identified by the consumer if similar items are displayed closer to one another in one, undivided area of the retail sales floor.
(b) Keeping similar items that are traditionally marketed either for girls or for boys separated makes it more difficult for the consumer to compare the products and incorrectly implies that their use by one gender is inappropriate.
(Added by Stats. 2021, Ch. 750, Sec. 1. (AB 1084) Effective January 1, 2022.)
2023 California Code › Civil Code - CIV › DIVISION 1 - PERSONS › PART 2.57 - Gender Neutral Retail Departments › Section 55.8.

55.8. (a) A retail department store that offers childcare items or toys for sale shall maintain a gender neutral section or area, to be labeled at the discretion of the retailer, in which a reasonable selection of the items and toys for children that it sells shall be displayed, regardless of whether they have been traditionally marketed for either girls or for boys.
(b) This section shall apply only to retail department stores that are physically located in California that have a total of 500 or more employees across all California retail department store locations. This section shall not apply to retail department stores that are physically located outside California.
(c) Beginning on January 1, 2024, a retail department store that fails to comply with this section is liable for a civil penalty, not to exceed two hundred fifty dollars ($250) for a first violation or five hundred dollars ($500) for a subsequent violation, which may be assessed and recovered in a civil action brought in the name of the people of the State of California by the Attorney General, or a district attorney or city attorney, in any court of competent jurisdiction. If the Attorney General, district attorney, or city attorney prevails in an action under this subdivision, the court shall award to the Attorney General, district attorney, or city attorney reasonable attorney’s fees and costs.
(d) For purposes of this section:
(1) “Childcare item” means any product designed or intended by the manufacturer to facilitate sleep, relaxation, or the feeding of children, or to help children with sucking or teething.
(2) “Children” means persons 12 years of age or less.
(3) “Toy” means a product designed or intended by the manufacturer to be used by children when they play.
(Added by Stats. 2021, Ch. 750, Sec. 1. (AB 1084) Effective January 1, 2022.)
2023 California Code › Civil Code - CIV › DIVISION 1 - PERSONS › PART 2.6 - CONFIDENTIALITY OF MEDICAL INFORMATION › CHAPTER 1 - Definitions › Section 56.07.

56.07. (a) Except as provided in subdivision (c), upon the patient’s written request, any corporation described in Section 56.06, or any other entity that compiles or maintains medical information for any reason, shall provide the patient, at no charge, with a copy of any medical profile, summary, or information maintained by the corporation or entity with respect to the patient.
(b) A request by a patient pursuant to this section shall not be deemed to be an authorization by the patient for the release or disclosure of any information to any person or entity other than the patient.
(c) This section shall not apply to any patient records that are subject to inspection by the patient pursuant to Section 123110 of the Health and Safety Code and shall not be deemed to limit the right of a health care provider to charge a fee for the preparation of a summary of patient records as provided in Section 123130 of the Health and Safety Code. This section shall not apply to a health care service plan licensed pursuant to Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code or a disability insurer licensed pursuant to the Insurance Code. This section shall not apply to medical information compiled or maintained by a fire and casualty insurer or its retained counsel in the regular course of investigating or litigating a claim under a policy of insurance that it has written. For the purposes of this section, a fire and casualty insurer is an insurer writing policies that may be sold by a fire and casualty licensee pursuant to Section 1625 of the Insurance Code.
(Added by Stats. 2000, Ch. 1066, Sec. 1. Effective January 1, 2001.)
2023 California Code › Civil Code - CIV › DIVISION 1 - PERSONS › PART 2.6 - CONFIDENTIALITY OF MEDICAL INFORMATION › CHAPTER 2 - Disclosure of Medical Information by Providers › Section 56.102.

56.102. (a) A pharmaceutical company may not require a patient, as a condition of receiving pharmaceuticals, medications, or prescription drugs, to sign an authorization, release, consent, or waiver that would permit the disclosure of medical information that otherwise may not be disclosed under Section 56.10 or any other provision of law, unless the disclosure is for one of the following purposes:
(1) Enrollment of the patient in a patient assistance program or prescription drug discount program.
(2) Enrollment of the patient in a clinical research project.
(3) Prioritization of distribution to the patient of a prescription medicine in limited supply in the United States.
(4) Response to an inquiry from the patient communicated in writing, by telephone, or by electronic mail.
(b) Except as provided in subdivision (a) or Section 56.10, a pharmaceutical company may not disclose medical information provided to it without first obtaining a valid authorization from the patient.
(Added by Stats. 2002, Ch. 853, Sec. 3. Effective January 1, 2003.)
2023 California Code › Civil Code - CIV › DIVISION 1 - PERSONS › PART 2.6 - CONFIDENTIALITY OF MEDICAL INFORMATION › CHAPTER 2 - Disclosure of Medical Information by Providers › Section 56.105.

56.105. Whenever, prior to the service of a complaint upon a defendant in any action arising out of the professional negligence of a person holding a valid physician’s and surgeon’s certificate issued pursuant to Chapter 5 (commencing with Section 2000) of Division 2 of the Business and Professions Code, a person holding a valid license as a marriage and family therapist issued pursuant to Chapter 13 (commencing with Section 4980) of Division 2 of the Business and Professions Code, a person holding a valid license as a clinical social worker issued pursuant to Chapter 14 (commencing with Section 4991) of Division 2 of the Business and Professions Code, or a person holding a valid license as a professional clinical counselor issued pursuant to Chapter 16 (commencing with Section 4999.10) of Division 2 of the Business and Professions Code, a demand for settlement or offer to compromise is made on a patient’s behalf, the demand or offer shall be accompanied by an authorization to disclose medical information to persons or organizations insuring, responsible for, or defending professional liability that the certificate holder may incur. The authorization shall be in accordance with Section 56.11 and shall authorize disclosure of that information that is necessary to investigate issues of liability and extent of potential damages in evaluating the merits of the demand for settlement or offer to compromise.
Notice of any request for medical information made pursuant to an authorization as provided by this section shall be given to the patient or the patient’s legal representative. The notice shall describe the inclusive subject matter and dates of the materials requested and shall also authorize the patient or the patient’s legal representative to receive, upon request, copies of the information at his or her expense.
Nothing in this section shall be construed to waive or limit any applicable privileges set forth in the Evidence Code except for the disclosure of medical information subject to the patient’s authorization. Nothing in this section shall be construed as authorizing a representative of any person from whom settlement has been demanded to communicate in violation of the physician-patient privilege with a treating physician, or to communicate in violation of the psychotherapist-patient privilege with a treating licensed marriage and family therapist, licensed clinical social worker, or licensed professional clinical counselor, except for the medical information request.
The requirements of this section are independent of the requirements of Section 364 of the Code of Civil Procedure.
(Amended by Stats. 2018, Ch. 389, Sec. 8. (AB 2296) Effective January 1, 2019.)
2023 California Code › Civil Code - CIV › DIVISION 1 - PERSONS › PART 2.6 - CONFIDENTIALITY OF MEDICAL INFORMATION › CHAPTER 2 - Disclosure of Medical Information by Providers › Section 56.108.

56.108. (a) Notwithstanding subdivisions (b) and (c) of Section 56.10 or subdivision (c) of Section 56.20, a provider of health care, health care service plan, contractor, or employer shall not release medical information related to an individual seeking or obtaining an abortion in response to a subpoena or request if that subpoena or request is based on either another state’s laws that interfere with a person’s rights under the Reproductive Privacy Act (Article 2.5 (commencing with Section 123460) of Chapter 2 of Part 2 of Division 106 of the Health and Safety Code) or a foreign penal civil action, as defined in Section 2029.200 of the Code of Civil Procedure.
(b) A provider of health care, health care service plan, contractor, or employer shall not release medical information that would identify an individual or that is related to an individual seeking or obtaining an abortion to law enforcement for either of the following purposes, unless that release is pursuant to a subpoena not otherwise prohibited by subdivision (a):
(1) Enforcement of another state’s law that would interfere with a person’s rights under the Reproductive Privacy Act (Article 2.5 (commencing with Section 123460) of Chapter 2 of Part 2 of Division 106 of the Health and Safety Code).
(2) Enforcement of a foreign penal civil action, as defined in Section 2029.200 of the Code of Civil Procedure.
(c) Notwithstanding subdivisions (b) and (c) of Section 56.10 or subdivision (c) of Section 56.20, a provider of health care, health care service plan, contractor, or employer shall not cooperate with any inquiry or investigation by, or provide medical information to, any individual, agency, or department from another state or, to the extent permitted by federal law, to a federal law enforcement agency that would identify an individual and that is related to an individual seeking or obtaining an abortion or abortion-related services that are lawful under the laws of this state, unless the request for medical information is authorized under Section 56.110.
(d) This section does not prohibit compliance with the investigation of activity that is punishable as a crime under the laws of this state.
(Amended by Stats. 2023, Ch. 255, Sec. 2. (AB 352) Effective January 1, 2024.)
2023 California Code › Civil Code - CIV › DIVISION 1 - PERSONS › PART 2.6 - CONFIDENTIALITY OF MEDICAL INFORMATION › CHAPTER 2 - Disclosure of Medical Information by Providers › Section 56.109.

56.109. (a) Notwithstanding subdivision (b) of Section 56.10, a provider of health care, health care service plan, or contractor shall not release medical information related to a person or entity allowing a child to receive gender-affirming health care or gender-affirming mental health care in response to any civil action, including a foreign subpoena, based on another state’s law that authorizes a person to bring a civil action against a person or entity that allows a child to receive gender-affirming health care or gender-affirming mental health care.
(b) Notwithstanding subdivision (c) of Section 56.10, a provider of health care, health care service plan, or contractor shall not release medical information to persons or entities who have requested that information and who are authorized by law to receive that information pursuant to subdivision (c) of Section 56.10, if the information is related to a person or entity allowing a child to receive gender-affirming health care or gender-affirming mental health care, and the information is being requested pursuant to another state’s law that authorizes a person to bring a civil action against a person or entity who allows a child to receive gender-affirming health care or gender-affirming mental health care.
(c) For the purposes of this section, “person” means an individual or governmental subdivision, agency, or instrumentality.
(d) For the purpose of this section, “gender-affirming health care” and “gender-affirming mental health care” shall have the same meaning as provided in Section 16010.2 of the Welfare and Institutions Code.
(Added by Stats. 2022, Ch. 810, Sec. 1. (SB 107) Effective January 1, 2023.)
2023 California Code › Civil Code - CIV › DIVISION 1 - PERSONS › PART 2.6 - CONFIDENTIALITY OF MEDICAL INFORMATION › CHAPTER 2 - Disclosure of Medical Information by Providers › Section 56.12.

56.12. Upon demand by the patient or the person who signed an authorization, a provider of health care, health care service plan, pharmaceutical company, or contractor possessing the authorization shall furnish a true copy thereof.
(Amended by Stats. 2002, Ch. 853, Sec. 5. Effective January 1, 2003.)
2023 California Code › Civil Code - CIV › DIVISION 1 - PERSONS › PART 2.6 - CONFIDENTIALITY OF MEDICAL INFORMATION › CHAPTER 2 - Disclosure of Medical Information by Providers › Section 56.13.

56.13. A recipient of medical information pursuant to an authorization as provided by this chapter or pursuant to the provisions of subdivision (c) of Section 56.10 may not further disclose that medical information except in accordance with a new authorization that meets the requirements of Section 56.11, or as specifically required or permitted by other provisions of this chapter or by law.
(Added by Stats. 1981, Ch. 782, Sec. 2.)
2023 California Code › Civil Code - CIV › DIVISION 1 - PERSONS › PART 2.6 - CONFIDENTIALITY OF MEDICAL INFORMATION › CHAPTER 2 - Disclosure of Medical Information by Providers › Section 56.14.

56.14. A provider of health care, health care service plan, or contractor that discloses medical information pursuant to the authorizations required by this chapter shall communicate to the person or entity to which it discloses the medical information any limitations in the authorization regarding the use of the medical information. No provider of health care, health care service plan, or contractor that has attempted in good faith to comply with this provision shall be liable for any unauthorized use of the medical information by the person or entity to which the provider, plan, or contractor disclosed the medical information.
(Amended by Stats. 1999, Ch. 526, Sec. 6. Effective January 1, 2000.)
2023 California Code › Civil Code - CIV › DIVISION 1 - PERSONS › PART 2.6 - CONFIDENTIALITY OF MEDICAL INFORMATION › CHAPTER 2 - Disclosure of Medical Information by Providers › Section 56.15.

56.15. Nothing in this part shall be construed to prevent a person who could sign the authorization pursuant to subdivision (c) of Section 56.11 from cancelling or modifying an authorization. However, the cancellation or modification shall be effective only after the provider of health care actually receives written notice of the cancellation or modification.
(Repealed and added by Stats. 1981, Ch. 782, Sec. 2.)
2023 California Code › Civil Code - CIV › DIVISION 1 - PERSONS › PART 2.6 - CONFIDENTIALITY OF MEDICAL INFORMATION › CHAPTER 2 - Disclosure of Medical Information by Providers › Section 56.16.

56.16. For disclosures not addressed by Section 56.1007, unless there is a specific written request by the patient to the contrary, nothing in this part shall be construed to prevent a general acute care hospital, as defined in subdivision (a) of Section 1250 of the Health and Safety Code, upon an inquiry concerning a specific patient, from releasing at its discretion any of the following information: the patient’s name, address, age, and sex; a general description of the reason for treatment (whether an injury, a burn, poisoning, or some unrelated condition); the general nature of the injury, burn, poisoning, or other condition; the general condition of the patient; and any information that is not medical information as defined in Section 56.05.
(Amended by Stats. 2013, Ch. 444, Sec. 5. (SB 138) Effective January 1, 2014.)
2023 California Code › Civil Code - CIV › DIVISION 1 - PERSONS › PART 2.6 - CONFIDENTIALITY OF MEDICAL INFORMATION › CHAPTER 2.6 - Genetic Privacy › Section 56.182.

56.182. (a) Any person who negligently violates this chapter shall be assessed a civil penalty in an amount not to exceed one thousand dollars ($1,000) plus court costs, as determined by the court.
(b) Any person who willfully violates this chapter shall be assessed a civil penalty in an amount not less than one thousand dollars ($1,000) and not more than ten thousand dollars ($10,000) plus court costs, as determined by the court.
(c) Actions for relief pursuant to this chapter shall be prosecuted exclusively in a court of competent jurisdiction by the Attorney General or a district attorney or by a county counsel authorized by agreement with the district attorney in actions involving violation of a county ordinance, or by a city attorney of a city having a population in excess of 750,000, or by a city attorney in a city and county or, with the consent of the district attorney, by a city prosecutor in a city having a full-time city prosecutor in the name of the people of the State of California upon their own complaint or upon the complaint of a board, officer, person, corporation, or association, or upon a complaint by a person who has suffered injury in fact and has lost money or property as a result of the violation of this chapter.
(d) Court costs recovered pursuant to this section shall be paid to the party or parties that prosecuted the violation. Penalties recovered pursuant to this section shall be paid to the individual to whom the genetic data at issue pertains.
(e) Any provision of a contract or agreement between a consumer and a person governed by this chapter that has, or would have, the effect of delaying or limiting access to a legal remedy for a violation of this chapter shall not apply to the exercise of rights or enforcement pursuant to this chapter.
(f) Each violation of this chapter is a separate and actionable violation.
(Added by Stats. 2021, Ch. 596, Sec. 2. (SB 41) Effective January 1, 2022.)
2023 California Code › Civil Code - CIV › DIVISION 1 - PERSONS › PART 2.6 - CONFIDENTIALITY OF MEDICAL INFORMATION › CHAPTER 2.6 - Genetic Privacy › Section 56.186.

56.186. 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.
(Added by Stats. 2021, Ch. 596, Sec. 2. (SB 41) Effective January 1, 2022.)
2023 California Code › Civil Code - CIV › DIVISION 1 - PERSONS › PART 2.6 - CONFIDENTIALITY OF MEDICAL INFORMATION › CHAPTER 3 - Use and Disclosure of Medical Information by Employers › Section 56.20.

56.20. (a) Each employer who receives medical information shall establish appropriate procedures to ensure the confidentiality and protection from unauthorized use and disclosure of that information. These procedures may include, but are not limited to, instruction regarding confidentiality of employees and agents handling files containing medical information, and security systems restricting access to files containing medical information.
(b) No employee shall be discriminated against in terms or conditions of employment due to that employee’s refusal to sign an authorization under this part. However, nothing in this section shall prohibit an employer from taking such action as is necessary in the absence of medical information due to an employee’s refusal to sign an authorization under this part.
(c) No employer shall use, disclose, or knowingly permit its employees or agents to use or disclose medical information which the employer possesses pertaining to its employees without the patient having first signed an authorization under Section 56.11 or Section 56.21 permitting such use or disclosure, except as follows:
(1) The information may be disclosed if the disclosure is compelled by judicial or administrative process or by any other specific provision of law.
(2) That part of the information which is relevant in a lawsuit, arbitration, grievance, or other claim or challenge to which the employer and employee are parties and in which the patient has placed in issue his or her medical history, mental or physical condition, or treatment may be used or disclosed in connection with that proceeding.
(3) The information may be used only for the purpose of administering and maintaining employee benefit plans, including health care plans and plans providing short-term and long-term disability income, workers’ compensation and for determining eligibility for paid and unpaid leave from work for medical reasons.
(4) The information may be disclosed to a provider of health care or other health care professional or facility to aid the diagnosis or treatment of the patient, where the patient or other person specified in subdivision (c) of Section 56. 21 is unable to authorize the disclosure.
(d) If an employer agrees in writing with one or more of its employees or maintains a written policy which provides that particular types of medical information shall not be used or disclosed by the employer in particular ways, the employer shall obtain an authorization for such uses or disclosures even if an authorization would not otherwise be required by subdivision (c).
(Repealed and added by Stats. 1981, Ch. 782, Sec. 2.)
2023 California Code › Civil Code - CIV › DIVISION 1 - PERSONS › PART 2.6 - CONFIDENTIALITY OF MEDICAL INFORMATION › CHAPTER 3 - Use and Disclosure of Medical Information by Employers › Section 56.22.

56.22. Upon demand by the patient or the person who signed an authorization, an employer possessing the authorization shall furnish a true copy thereof.
(Repealed and added by Stats. 1981, Ch. 782, Sec. 2.)
2023 California Code › Civil Code - CIV › DIVISION 1 - PERSONS › PART 2.6 - CONFIDENTIALITY OF MEDICAL INFORMATION › CHAPTER 3 - Use and Disclosure of Medical Information by Employers › Section 56.23.

56.23. An employer that discloses medical information pursuant to an authorization required by this chapter shall communicate to the person or entity to which it discloses the medical information any limitations in the authorization regarding the use of the medical information. No employer that has attempted in good faith to comply with this provision shall be liable for any unauthorized use of the medical information by the person or entity to which the employer disclosed the medical information.
(Added by Stats. 1981, Ch. 782, Sec. 2.)