CALIFORNIA.  HEALTH AND SAFETY CODE.        

 

* * *

 

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.

 

* * *

 

123420.  (a) No employer or other person shall require a physician,

a registered nurse, a licensed vocational nurse, or any other person

employed or with staff privileges at a hospital, facility, or clinic

to directly participate in the induction or performance of an

abortion, if the employee or other person has filed a written

statement with the employer or the hospital, facility, or clinic

indicating a moral, ethical, or religious basis for refusal to

participate in the abortion.

   No such employee or person with staff privileges in a hospital,

facility, or clinic shall be subject to any penalty or discipline by

reason of his or her refusal to participate in an abortion.  No such

employee of a hospital, facility, or clinic that does not permit the

performance of abortions, or person with staff privileges therein,

shall be subject to any penalty or discipline on account of the

person's participation in the performance of an abortion in other

than the hospital, facility, or clinic.

   No employer shall refuse to employ any person because of the

person's refusal for moral, ethical, or religious reasons to

participate in an abortion, unless the person would be assigned in

the normal course of business of any hospital, facility, or clinic to

work in those parts of the hospital, facility, or clinic where

abortion patients are cared for.  No provision of this article

prohibits any hospital, facility, or clinic that permits the

performance of abortions from inquiring whether an employee or

prospective employee would advance a moral, ethical, or religious

basis for refusal to participate in an abortion before hiring or

assigning that person to that part of a hospital, facility, or clinic

where abortion patients are cared for.

   The refusal of a physician, nurse, or any other person to

participate or aid in the induction or performance of an abortion

pursuant to this subdivision shall not form the basis of any claim

for damages.

   (b) No medical school or other facility for the education or

training of physicians, nurses, or other medical personnel shall

refuse admission to a person or penalize the person in any way

because of the person's unwillingness to participate in the

performance of an abortion for moral, ethical, or religious reasons.

No hospital, facility, or clinic shall refuse staff privileges to a

physician because of the physician's refusal to participate in the

performance of abortion for moral, ethical, or religious reasons.

   (c) Nothing in this article shall require a nonprofit hospital or

other facility or clinic that is organized or operated by a religious

corporation or other religious organization and licensed pursuant to

Chapter 1 (commencing with Section 1200) or Chapter 2 (commencing

with Section 1250) of Division 2, or any administrative officer,

employee, agent, or member of the governing board thereof, to perform

or to permit the performance of an abortion in the facility or

clinic or to provide abortion services.  No such nonprofit facility

or clinic organized or operated by a religious corporation or other

religious organization, nor its administrative officers, employees,

agents, or members of its governing board shall be liable,

individually or collectively, for failure or refusal to participate

in any such act.  The failure or refusal of any such corporation,

unincorporated association or individual person to perform or to

permit the performance of such medical procedures shall not be the

basis for any disciplinary or other recriminatory action against such

corporations, unincorporated associations, or individuals.  Any such

facility or clinic that does not permit the performance of abortions

on its premises shall post notice of that proscription in an area of

the facility or clinic that is open to patients and prospective

admittees.

   (d) This section shall not apply to medical emergency situations

and spontaneous abortions.

   Any violation of this section is a misdemeanor.

 

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.

 

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.

 

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.

 

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.

 

123450.   [These provisions have been held to be unconstitutional and unenforceable]

  (a) Except in a medical emergency requiring immediate

medical action, no abortion shall be performed upon an unemancipated

minor [under age 18] unless she first has given her written consent to the abortion

and also has obtained the written consent of one of her parents or

legal guardian.

   (b) If one or both of an unemancipated, pregnant minor's parents

or her guardian refuse to consent to the performance of an abortion,

or if the minor elects not to seek the consent of one or both of her

parents or her guardian, an unemancipated pregnant minor may file a

petition with the juvenile court.  If, pursuant to this subdivision,

a minor seeks a petition, the court shall assist the minor or person

designated by the minor in preparing the petition and notices

required pursuant to this section.  The petition shall set forth with

specificity the minor's reasons for the request.  The court shall

ensure that the minor's identity is confidential.  The minor may file

the petition using only her initials or a pseudonym.  An

unemancipated pregnant minor may participate in the proceedings in

juvenile court on her own behalf, and the court may appoint a

guardian ad litem for her.  The court shall, however, advise her that

she has a right to court-appointed counsel upon request.  The

hearing shall be set within three days of the filing of the petition.

  A notice shall be given to the minor of the date, time, and place

of the hearing on the petition.

   (c) At the hearing on a minor's petition brought pursuant to

subdivision (b) for the authorization of an abortion, the court shall

consider all evidence duly presented, and order either of the

following:

   (1) If the court finds that the minor is sufficiently mature and

sufficiently informed to make the decision on her own regarding an

abortion, and that the minor has, on that basis, consented thereto,

the court shall grant the petition.

   (2) If the court finds that the minor is not sufficiently mature

and sufficiently informed to make the decision on her own regarding

an abortion, the court shall then consider whether performance of the

abortion would be in the best interest of the minor.  In the event

that the court finds that the performance of the abortion would be in

the minor's best interest, the court shall grant the petition

ordering the performance of the abortion without consent of, or

notice to, the parents or guardian.  In the event that the court

finds that the performance of the abortion is not in the best

interest of the minor, the court shall deny the petition.

   Judgment shall be entered within one court day of submission of

the matter.

   (d) The minor may appeal the judgment of the juvenile court by

filing a written notice of appeal at any time after the entry of the

judgment.  The Judicial Council shall prescribe, by rule, the

practice and procedure on appeal and the time and manner in which any

record on appeal shall be prepared and filed.  These procedures

shall require that the notice of the date, time, and place of

hearing, which shall be set within five court days of the filing of

notice of appeal, shall be mailed to the parties by the clerk of the

court.  The appellate court shall ensure that the minor's identity is

confidential.  The minor may file the petition using only her

initials or a pseudonym.  Judgment on appeal shall be entered within

one court day of submission of the matter.

   (e) No fees or costs incurred in connection with the procedures

required by this section shall be chargeable to the minor or her

parents, or either of them, or to her legal guardian.

   (f) It is a misdemeanor, punishable by a fine of not more than one

thousand dollars ($1,000), or by imprisonment in the county jail of

up to 30 days, or both, for any person to knowingly perform an

abortion on an unmarried or unemancipated minor without complying

with the requirements of this section.

 

* * *

 

123460.  This article shall be known and may be cited as the

Reproductive Privacy Act.

 

123462.  The Legislature finds and declares that every individual

possesses a fundamental right of privacy with respect to personal

reproductive decisions.  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 woman has the fundamental right to choose to bear a

child or to choose and to obtain an abortion, except as specifically

limited by this article.

   (c) The state shall not deny or interfere with a woman's

fundamental right to choose to bear a child or to choose to obtain an

abortion, except as specifically permitted by this article.

 

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.

 

123466.  The state may not deny or interfere with a woman'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.

 

123468.  The performance of an abortion is unauthorized if either of

the following is true:

   (a) The person performing or assisting in performing the abortion

is not a health care provider authorized to perform or assist in

performing 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 woman.

 

* * *

 

124175.  The Legislature hereby finds and declares that:

   (a) Adolescent pregnancy and parenthood is a problem with

significant social, medical, educational, and economic consequences

to the teen parent and child, her family, and the State of

California.

   (b) In an attempt to address the problems of pregnant and

parenting adolescents, the Governor, in 1985, created the Adolescent

Family Life Demonstration Program, that was designed to bring

pregnant and parenting teenagers into programs that provide services

of demonstrated cost benefit and effectiveness by organizing networks

of local agencies focused on providing services to adolescents and

ensuring the most timely and effective utilization of services.

   (c) Independent evaluations indicate that the program has been

successful and effective in achieving its intended goals of providing

pregnant adolescents with prenatal care, reducing the incidence of

low birthweight babies born to adolescent mothers, keeping or

reenrolling pregnant and parenting adolescents in school, and

reducing the rate of repeat teen pregnancies.

 

124180.  (a) The department may conduct the Adolescent Family Life

Program to assure that pregnant adolescents receive comprehensive

continuous prenatal care in order to deliver healthy babies; to

establish networks within regions to provide to pregnant and

parenting teens and their children necessary services including

medical care, psychological and nutritional counseling, maternity

counseling, adoption counseling, academic and vocational programs,

and day care; to provide a continuous case manager to each family

unit; and to maintain a data base to measure outcomes of adolescent

pregnancies.  Specific procedures to operate this program will be

defined and carried out through standards and guidelines established

by the department.

   (b) No grant funds may be used for essential services to pregnant

adolescents or schoolage parents unless the services are not

available in the county or are insufficient to meet the basic needs

of the population to be served; in that case, funds may be used for

essential services only as set forth in the approved grant

application.  No grant funds may be expended for abortions, abortion

referrals, or abortion counseling.

 

124185.  (a) The department, through its program of maternal and

child health, shall award contract augmentations to four Adolescent

Family Life Programs that meet the requirements of this section and

develop plans for a comprehensive coordinated substance abuse

prevention, intervention, and counseling program, designed

specifically to meet the developmental, social, and educational needs

of high-risk pregnant or parenting adolescents.  The program shall,

to the extent practicable, feasible, and appropriate, leverage

existing programs and funding rather than creating new, duplicative

programs and services.

   (b) The department shall adopt guidelines and criteria setting

forth the terms and conditions upon which the department will offer

contract augmentations pursuant to this section.  The department also

shall disseminate information designed to publicize the availability

of contract augmentations for a comprehensive coordinated substance

abuse prevention, intervention, and counseling program to high-risk

pregnant or parenting adolescents.

   (c) The department shall encourage Adolescent Family Life Programs

with small caseloads to develop plans and submit applications that

reflect sharing of services among two or more programs.

   (d) At least one program that is awarded a contract augmentation

shall be located in northern California, at least one program shall

be located in central California, and at least one program shall be

located in southern California.

   (e) This section shall become operative on July 1, 1994.

 

124190.  A comprehensive coordinated substance abuse prevention,

intervention, and counseling program, as used in Section 124185,

shall include, but not be limited to, programs that:

   (a) Have demonstrated a capacity for developing interagency

cooperative approaches to reduce the incidence of high-risk pregnant

or parenting adolescents.  This shall include documentation of

program development and plans for coordination and collaboration with

existing perinatal substance abuse programs in the county, including

state pilot projects on perinatal substance abuse established under

the direction of the Local Perinatal Substance Abuse Coordinating

Council.

   (b) Employ maximum utilization of existing available programs and

facilities.

   (c) Have developed goals and objectives for reducing the incidence

of high-risk pregnant and parenting adolescents.

   (d) Are culturally and linguistically appropriate to the

population being served.

   (e) Include staff development training by substance abuse

counselors.

   (f) This section shall become operative on July 1, 1994.

 

124195.  The department shall require reports to be prepared by all

programs funded pursuant to this article.

 

124200.  Funding for the purpose of this article shall be provided

through funds appropriated to the department through the annual

Budget Act.

 

* * *

 

PENAL CODE

 

* * *

 

423.  This title shall be known and may be cited as the California

Freedom of Access to Clinic and Church Entrances Act, or the

California FACE Act.

 

423.1.  The following definitions apply for the purposes of this

title:

   (a) "Crime of violence" means an offense that has as an element

the use, attempted use, or threatened use of physical force against

the person or property of another.

   (b) "Interfere with" means to restrict a person's freedom of

movement.

   (c) "Intimidate" means to place a person in reasonable

apprehension of bodily harm to herself or himself or to another.

   (d) "Nonviolent" means conduct that would not constitute a crime

of violence.

   (e) "Physical obstruction" means rendering ingress to or egress

from a reproductive health services facility or to or from a place of

religious worship impassable to another person, or rendering passage

to or from a reproductive health services facility or a place of

religious worship unreasonably difficult or hazardous to another

person.

   (f) "Reproductive health services" means reproductive health

services provided in a hospital, clinic, physician's office, or other

facility and includes medical, surgical, counseling, or referral

services relating to the human reproductive system, including

services relating to pregnancy or the termination of a pregnancy.

   (g) "Reproductive health services client, provider, or assistant"

means a person or entity that is or was involved in obtaining,

seeking to obtain, providing, seeking to provide, or assisting or

seeking to assist another person, at that other person's request, to

obtain or provide any services in a reproductive health services

facility, or a person or entity that is or was involved in owning or

operating or seeking to own or operate, a reproductive health

services facility.

   (h) "Reproductive health services facility" includes a hospital,

clinic, physician's office, or other facility that provides or seeks

to provide reproductive health services and includes the building or

structure in which the facility is located.

 

423.2.  Every person who, except a parent or guardian acting towards

his or her minor child or ward, commits any of the following acts

shall be subject to the punishment specified in Section 423.3.

   (a) By force, threat of force, or physical obstruction that is a

crime of violence, intentionally injures, intimidates, interferes

with, or attempts to injure, intimidate, or interfere with, any

person or entity because that person or entity is a reproductive

health services client, provider, or assistant, or in order to

intimidate any person or entity, or any class of persons or entities,

from becoming or remaining a reproductive health services client,

provider, or assistant.

   (b) By force, threat of force, or physical obstruction that is a

crime of violence, intentionally injures, intimidates, interferes

with, or attempts to injure, intimidate, or interfere with any person

lawfully exercising or seeking to exercise the First Amendment right

of religious freedom at a place of religious worship.

   (c) By nonviolent physical obstruction, intentionally injures,

intimidates, or interferes with, or attempts to injure, intimidate,

or interfere with, any person or entity because that person or entity

is a reproductive health services client, provider, or assistant, or

in order to intimidate any person or entity, or any class of persons

or entities, from becoming or remaining a reproductive health

services client, provider, or assistant.

   (d) By nonviolent physical obstruction, intentionally injures,

intimidates, or interferes with, or attempts to injure, intimidate,

or interfere with, any person lawfully exercising or seeking to

exercise the First Amendment right of religious freedom at a place of

religious worship.

   (e) Intentionally damages or destroys the property of a person,

entity, or facility, or attempts to do so, because the person,

entity, or facility is a reproductive health services client,

provider, assistant, or facility.

   (f) Intentionally damages or destroys the property of a place of

religious worship.

 

423.3.  (a) A first violation of subdivision (c) or (d) of Section

423.2 is a misdemeanor, punishable by imprisonment in a county jail

for a period of not more than six months and a fine not to exceed two

thousand dollars ($2,000).

   (b) A second or subsequent violation of subdivision (c) or (d) of

Section 423.2 is a misdemeanor, punishable by imprisonment in a

county jail for a period of not more than six months and a fine not

to exceed five thousand dollars ($5,000).

   (c) A first violation of subdivision (a), (b), (e), or (f) of

Section 423.2 is a misdemeanor, punishable by imprisonment in a

county jail for a period of not more than one year and a fine not to

exceed twenty-five thousand dollars ($25,000).

   (d) A second or subsequent violation of subdivision (a), (b), (e),

or (f) of Section 423.2 is a misdemeanor, punishable by imprisonment

in a county jail for a period of not more than one year and a fine

not to exceed fifty thousand dollars ($50,000).

   (e) In imposing fines pursuant to this section, the court shall

consider applicable factors in aggravation and mitigation set out in

Rules 4.421 and 4.423 of the California Rules of Court, and shall

consider a prior violation of the federal Freedom of Access to Clinic

Entrances Act of 1994 (18 U.S.C.  Sec. 248), or a prior violation of

a statute of another jurisdiction that would constitute a violation

of Section 423.2 or of the federal Freedom of Access to Clinic

Entrances Act of 1994, to be a prior violation of Section 423.2.

   (f) This title establishes concurrent state jurisdiction over

conduct that is also prohibited by the federal Freedom of Access to

Clinic Entrances Act of 1994 (18 U.S.C. Sec. 248), which provides for

more severe misdemeanor penalties for first violations and

felony-misdemeanor penalties for second and subsequent violations.

State law enforcement agencies and prosecutors shall cooperate with

federal authorities in the prevention, apprehension, and prosecution

of these crimes, and shall seek federal prosecutions when

appropriate.

   (g) No person shall be convicted under this article for conduct in

violation of Section 423.2 that was done on a particular occasion

where the identical conduct on that occasion was the basis for a

conviction of that person under the federal Freedom of Access to

Clinic Entrances Act of 1994 (18 U.S.C. Sec. 248).

 

423.4.  (a) A person aggrieved by a violation of Section 423.2 may

bring a civil action to enjoin the violation, for compensatory and

punitive damages, and for the costs of suit and reasonable fees for

attorneys and expert witnesses, except that only a reproductive

health services client, provider, or assistant may bring an action

under subdivision (a), (c), or (e) of Section 423.2, and only a

person lawfully exercising or seeking to exercise the First Amendment

right of religious freedom in a place of religious worship, or the

entity that owns or operates a place of religious worship, may bring

an action under subdivision (b), (d), or (f) of Section 423.2.  With

respect to compensatory damages, the plaintiff may elect, at any time

prior to the rendering of a final judgment, to recover, in lieu of

actual damages, an award of statutory damages in the amount of one

thousand dollars ($1,000) per exclusively nonviolent violation, and

five thousand dollars ($5,000) per any other violation, for each

violation committed.

   (b) The Attorney General, a district attorney, or a city attorney

may bring a civil action to enjoin a violation of Section 423.2, for

compensatory damages to persons aggrieved as described in subdivision

(a) and for the assessment of a civil penalty against each

respondent.  The civil penalty shall not exceed two thousand dollars

($2,000) for an exclusively nonviolent first violation, and fifteen

thousand dollars ($15,000) for any other first violation, and shall

not exceed five thousand dollars ($5,000) for an exclusively

nonviolent subsequent violation, and twenty-five thousand dollars

($25,000) for any other subsequent violation.  In imposing civil

penalties pursuant to this subdivision, the court shall consider a

prior violation of the federal Freedom of Access to Clinic Entrances

Act of 1994 (18 U.S.C. Sec.  248), or a prior violation of a statute

of another jurisdiction that would constitute a violation of Section

423.2 or the federal Freedom of Access to Clinic Entrances Act of

1994, to be a prior violation of Section 423.2.

   (c) No person shall be found liable under this section for conduct

in violation of Section 423.2 done on a particular occasion where

the identical conduct on that occasion was the basis for a finding of

liability by that person under the federal Freedom of Access to

Clinic Entrances Act of 1994 (18 U.S.C. Sec. 248).

 

423.5.  (a) (1) The court in which a criminal or civil proceeding is

filed for a violation of subdivision (a), (c), or (e) of Section

423.2 shall take all action reasonably required, including granting

restraining orders, to safeguard the health, safety, or privacy of

either of the following:

   (A) A reproductive health services client, provider, or assistant

who is a party or witness in the proceeding.

   (B) A person who is a victim of, or at risk of becoming a victim

of, conduct prohibited by subdivision (a), (c), or (e) of Section

423.2.

   (2) The court in which a criminal or civil proceeding is filed for

a violation of subdivision (b), (d), or (f) of Section 423.2 shall

take all action reasonably required, including granting restraining

orders, to safeguard the health, safety, or privacy of either of the

following:

   (A) A person lawfully exercising or seeking to exercise the First

Amendment right of religious freedom at a place of religious worship.

   (B) An entity that owns or operates a place of religious worship.

   (b) Restraining orders issued pursuant to paragraph (1) of

subdivision (a) may include provisions prohibiting or restricting the

photographing of persons described in subparagraphs (A) and (B) of

paragraph (1) of subdivision (a) when reasonably required to

safeguard the health, safety, or privacy of those persons.

Restraining orders issued pursuant to paragraph (2) of subdivision

(a) may include provisions prohibiting or restricting the

photographing of persons described in subparagraphs (A) and (B) of

paragraph (2) of subdivision (a) when reasonably required to

safeguard the health, safety, or privacy of those persons.

   (c) A court may, in its discretion, permit an individual described

in subparagraph (A) or (B) of paragraph (1) of subdivision (a) to

use a pseudonym in a civil proceeding described in paragraph (1) of

subdivision (a) when reasonably required to safeguard the health,

safety, or privacy of those persons.  A court may, in its discretion,

permit an individual described in subparagraph (A) or (B) of

paragraph (2) of subdivision (a) to use a pseudonym in a civil

proceeding described in paragraph (2) of subdivision (a) when

reasonably required to safeguard the health, safety, or privacy of

those persons.

 

423.6.  This title shall not be construed for any of the following

purposes:

   (a) To impair any constitutionally protected activity, or any

activity protected by the laws of California or of the United States

of America.

   (b) To provide exclusive civil or criminal remedies or to preempt

or to preclude any county, city, or city and county from passing any

law to provide a remedy for the commission of any of the acts

prohibited by this title or to make any of those acts a crime.

   (c) To interfere with the enforcement of any federal, state, or

local laws regulating the performance of abortions or the provision

of other reproductive health services.

   (d) To negate, supercede, or otherwise interfere with the

operation of any provision of Chapter 10 (commencing with Section

1138) of Part 3 of Division 2 of the Labor Code.

   (e) To create additional civil or criminal remedies or to limit

any existing civil or criminal remedies to redress an activity that

interferes with the exercise of any other rights protected by the

First Amendment to the United States Constitution or of Article I of

the California Constitution.

   (f) To preclude prosecution under both this title and any other

provision of law, except as provided in subdivision (g) of Section

423.3.

 

* * *

 

602.11.  (a) Any person, alone or in concert with others, who

intentionally prevents an individual from entering or exiting a

health care facility, place of worship, or school by physically

detaining the individual or physically obstructing the individual's

passage shall be guilty of a misdemeanor punishable by imprisonment

in the county jail, or a fine of not more than two hundred fifty

dollars ($250), or both, for the first offense; imprisonment in the

county jail for not less than five days and a fine of not more than

five hundred dollars ($500) for the second offense; and imprisonment

in the county jail for not less than 30 days and a fine of not more

than two thousand dollars ($2,000) for a third or subsequent offense.

  However, the court may order the defendant to perform community

service, in lieu of any fine or any imprisonment imposed under this

section, if it determines that paying the fine would result in undue

hardship to the defendant or his or her dependents.

   (b) As used in subdivision (a), the following terms have the

following meanings:

   (1) "Physically" does not include speech.

   (2) "Health care facility" means a facility licensed pursuant to

Chapter 1 (commencing with Section 1200) of Division 2 of the Health

and Safety Code, a health facility licensed pursuant to Chapter 2

(commencing with Section 1250) of Division 2 of the Health and Safety

Code, or any facility where medical care is regularly provided to

individuals by persons licensed under Division 2 (commencing with

Section 500) of the Business and Professions Code, the Osteopathic

Initiative Act, or the Chiropractic Initiative Act.

   (3) "Person" does not include an officer, employee, or agent of

the health care facility, or a law enforcement officer, acting in the

course of his or her employment.

   (c) This section shall not be interpreted to prohibit any lawful

activities permitted under the laws of the State of California or by

the National Labor Relations Act in connection with a labor dispute.

 

* * *

 

3400.  Upon the commitment or transfer of any woman to the

institution it shall be the duty of the officer having custody of her

or required to take custody of her, to deliver her to said

institution, receiving therefor the fees payable for the

transportation of prisoners to the state prisons.  Such officer shall

at the same time deliver to said institution a certified abstract of

the judgment of conviction and of the order of commitment or order

of transfer.  Every woman so committed or transferred under this act

shall be accompanied by a woman attendant from the place of

commitment or transfer until delivered to said institution.

 

* * *

 

3405.  No condition or restriction upon the obtaining of an abortion

by a prisoner, pursuant to the Therapeutic Abortion Act (Article 2

(commencing with Section 123400) of Chapter 2 of Part 2 of Division

106 of the Health and Safety Code), other than those contained in

that act, shall be imposed.  Prisoners found to be pregnant and

desiring abortions, shall be permitted to determine their eligibility

for an abortion pursuant to law, and if determined to be eligible,

shall be permitted to obtain an abortion.

   The rights provided for females by this section shall be posted in

at least one conspicuous place to which all female prisoners have

access.

 

* * *

 

4028.  No condition or restriction upon the obtaining of an abortion

by a female detained in any local detention facility, pursuant to

the Therapeutic Abortion Act (Article 2 (commencing with Section

123400) of Chapter 2 of Part 2 of Division 106 of the Health and

Safety Code), other than those contained in that act, shall be

imposed.  Females found to be pregnant and desiring abortions shall

be permitted to determine their eligibility for an abortion pursuant

to law, and if determined to be eligible, shall be permitted to

obtain an abortion.

   For the purposes of this section, "local detention facility" means

any city, county, or regional facility used for the confinement of

any female person for more than 24 hours.

   The rights provided for females by this section shall be posted in

at least one conspicuous place to which all female prisoners have

access.

 

* * *

 

11413.  (a) Any person who explodes, ignites, or attempts to explode

or ignite any destructive device or any explosive, or who commits

arson, in or about any of the places listed in subdivision (b), for

the purpose of terrorizing another or in reckless disregard of

terrorizing another is guilty of a felony, and shall be punished by

imprisonment in the state prison for three, five, or seven years, and

a fine not exceeding ten thousand dollars ($10,000).

   (b) Subdivision (a) applies to the following places:

   (1) Any health facility licensed under Chapter 2 (commencing with

Section 1250) of Division 2 of the Health and Safety Code, or any

place where medical care is provided by a licensed health care

professional.

   (2) Any church, temple, synagogue, mosque, or other place of

worship.

   (3) The buildings, offices, and meeting sites of organizations

that counsel for or against abortion or among whose major activities

are lobbying, publicizing, or organizing with respect to public or

private issues relating to abortion.

   (4) Any place at which a lecture, film-showing, or other private

meeting or presentation that educates or propagates with respect to

abortion practices or policies, whether on private property or at a

meeting site authorized for specific use by a private group on public

property, is taking place.

   (5) Any bookstore or public or private library.

   (6) Any building or facility designated as a courthouse.

   (7) The home or office of a judicial officer.

   (8) Any building or facility regularly occupied by county

probation department personnel in which the employees perform

official duties of the probation department.

   (9) Any private property, if the property was targeted in whole or

in part because of any of the actual or perceived characteristics of

the owner or occupant of the property listed in subdivision (a) of

Section 422.55.

   (10) Any public or private school providing instruction in

kindergarten or grades 1 to 12, inclusive.

   (c) As used in this section, "judicial officer" means a

magistrate, judge, justice, commissioner, referee, or any person

appointed by a court to serve in one of these capacities, of any

state or federal court located in this state.

   (d) As used in this section, "terrorizing" means to cause a person

of ordinary emotions and sensibilities to fear for personal safety.

 

   (e) Nothing in this section shall be construed to prohibit the

prosecution of any person pursuant to Section 12303.3 or any other

provision of law in lieu of prosecution pursuant to this section.

 

* * *

 

13775.  This title shall be known and may be cited as the
Reproductive Rights Law Enforcement Act.
 
13776.  The following definitions apply for the purposes of this
title:
   (a) "Anti-reproductive-rights crime" means a crime committed
partly or wholly because the victim is a reproductive health services
client, provider, or assistant, or a crime that is partly or wholly
intended to intimidate the victim, any other person or entity, or any
class of persons or entities from becoming or remaining a
reproductive health services client, provider, or assistant.
"Anti-reproductive-rights crime" includes, but is not limited to, a
violation of subdivision (a) or (c) of Section 423.2.
   (b) "Subject matter experts" includes, but is not limited to, the
Commission on the Status of Women, law enforcement agencies
experienced with anti-reproductive-rights crimes, including the
Attorney General and the Department of Justice, and organizations
such as the American Civil Liberties Union, the American College of
Obstetricians and Gynecologists, the California Council of Churches,
the California Medical Association, the Feminist Majority Foundation,
NARAL Pro-Choice California, the National Abortion Federation, the
California National Organization for Women, the Planned Parenthood
Federation of America, Planned Parenthood Affiliates of California,
and the Women's Health Specialists clinic that represent reproductive
health services clients, providers, and assistants.
   (c) "Crime of violence," "nonviolent," "reproductive health
services;" "reproductive health services client, provider, or
assistant;" and "reproductive health services facility" each has the
same meaning as set forth in Section 423.1.
 
13777.  (a) Except as provided in subdivision (d), the Attorney
General shall do each of the following:
   (1) Collect information relating to anti-reproductive-rights
crimes, including, but not limited to, the threatened commission of
these crimes and persons suspected of committing these crimes or
making these threats.  This information shall be published on the
Department of Justice Internet Web site in a manner that shall
distinguish between crimes of violence, including, but not limited
to, violations of subdivisions (a) and (e) of Section 423.2, and
nonviolent crimes, including, but not limited to, violations of
subdivision (c) of Section 423.2.
   (2) Direct local law enforcement agencies to provide to the
Department of Justice, in a manner that the Attorney General
prescribes, any information that may be required relative to
anti-reproductive-rights crimes. The report of each crime that
violates Section 423.2 shall note the subdivision that prohibits the
crime. The report of each crime that violates any other law shall
note the code, section, and subdivision that prohibits the crime. The
report of any crime that violates both Section 423.2 and any other
law shall note both the subdivision of Section 423.2 and the other
code, section, and subdivision that prohibits the crime.
   (3) On or before July 1, 2003, and every July 1 thereafter,
publish the information it obtains pursuant to this section on the
Department of Justice Internet Web site.
   (4) Develop a plan to prevent, apprehend, prosecute, and report
anti-reproductive-rights crimes, and to carry out the legislative
intent expressed in subdivisions (c), (d), (e), and (f) of Section 1
of the act that enacts this title in the 2001-02 Regular Session of
the Legislature.
   (b) In carrying out his or her responsibilities under this
section, the Attorney General shall consult the Governor, the
Commission on Peace Officer Standards and Training, and other subject
matter experts.
   (c) The Attorney General shall implement this section to the
extent the Legislature appropriates funds in the Budget Act or
another statute for this purpose.
 
13777.2.  (a) The Commission on the Status of Women shall convene an
advisory committee consisting of one person appointed by the
Attorney General and one person appointed by each of the
organizations named in subdivision (b) of Section 13776 that chooses
to appoint a member, and any other subject matter experts the
commission may appoint.  The advisory committee shall elect its chair
and any other officers of its choice.
   (b) The advisory committee shall make two reports, the first by
December 31, 2007, and the second by December 31, 2011, to the
Committees on Health, Judiciary, and Public Safety of the Senate and
Assembly, to the Attorney General, the Commission on Peace Officer
Standards and Training, and the Commission on the Status of Women.
The reports shall evaluate the implementation of Chapter 899,
Statutes of 2001 and any subsequent amendments made to Title 5.7 of
Chapter 4 of Part 3 and the effectiveness of the plan developed by
the Attorney General pursuant to subparagraph (A) of paragraph (4) of
Section 13777. The reports shall also include recommendations
concerning whether the Legislature should extend or repeal the sunset
dates in Section 13779, recommendations regarding any other
legislation, and recommendations for any other actions by the
Attorney General, Commission on Peace Officer Standards and Training,
or the Commission on the Status of Women.
   (c) The Commission on the Status of Women shall transmit the
reports of the advisory committee to the appropriate committees of
the Legislature, including, but not limited to, the Committees on
Health, Judiciary, and Public Safety in the Senate and Assembly, and
make the reports available to the public, including by posting them
on the Commission on the Status of Women's Web site. To avoid
production and distribution costs, the Commission on the Status of
Women may submit the reports electronically or as part of any other
report that the Commission on the Status of Women submits to the
Legislature.
   (d) The Commission on Peace Officer Standards and Training shall
make the telecourse that it produced in 2002 pursuant to subdivision
(a) of Section 13778 available to the advisory committee. However,
before providing the telecourse to the advisory committee or
otherwise making it public, the commission shall remove the name and
face of any person who appears in the telecourse as originally
produced who informs the commission in writing that he or she has a
reasonable apprehension that making the telecourse public without the
removal will endanger his or her life or physical safety.
   (e) Nothing in this section requires any state agency to pay for
compensation, travel, or other expenses of any advisory committee
member.
 
13778.  (a) The Commission on Peace Officer Standards and Training,
utilizing available resources, shall develop a two-hour telecourse on
anti-reproductive-rights crimes and make the telecourse available to
all California law enforcement agencies as soon as practicable after
chaptering of the act that enacts this title in the 2001-2002
session of the Legislature.
   (b) Persons and organizations, including, but not limited to,
subject-matter experts, may make application to the commission, as
outlined in Article 3 (commencing with Section 1051) of Division 2 of
Title 11 of the California Code of Regulations, for certification of
a course designed to train law enforcement officers to carry out the
legislative intent expressed in paragraph (1) of subdivision (d) of
Section 1 of the act that enacts this title in the 2001-02 Regular
Session.
   (c) In developing the telecourse required by subdivision (a), and
in considering any applications pursuant to subdivision (b), the
commission, utilizing available resources, shall consult the Attorney
General and other subject matter experts, except where a subject
matter expert has submitted, or has an interest in, an application
pursuant to subdivision (b).
   (d) In addition to producing and making available the telecourse
described in subdivision (a), the commission shall distribute, as
necessary, training bulletins, via the internet, to law enforcement
agencies participating in training offered pursuant to this section.
 
13779.  This title shall remain in effect until January 1, 2014, and
as of that date is repealed unless a later enacted statute deletes
or extends that date.
 

* * *

 

WELFARE AND INSTITUTIONS CODE

 

* * *

 

200.  This chapter shall be known and may be cited as the

"Arnold-Kennick Juvenile Court Law."

 

* * *

 

220.  No condition or restriction upon the obtaining of an abortion

by a female detained in any local juvenile facility, pursuant to the

Therapeutic Abortion Act (Article 2 (commencing with Section 123400)

of Chapter 2 of Part 2 of Division 106 of the Health and Safety

Code), other than those contained in that act, shall be imposed.

Females found to be pregnant and desiring abortions, shall be

permitted to determine their eligibility for an abortion pursuant to

law, and if determined to be eligible, shall be permitted to obtain

an abortion.

   For the purposes of this section, "local juvenile facility" means

any city, county, or regional facility used for the confinement of

female juveniles for more than 24 hours.

   The rights provided for females by this section shall be posted in

at least one conspicuous place to which all females have access.

 

* * *

 

1750.  The [Youth] Authority is limited in its expenditures to funds

specifically made available for its use.

 

* * *

 

1773.  No condition or restriction upon the obtaining of an abortion

by a female committed to the authority, pursuant to the Therapeutic

Abortion Act (Article 2 (commencing with Section 123400) of Chapter 2

of Part 2 of Division 106 of the Health and Safety Code), other than

those contained in that act, shall be imposed.  Females found to be

pregnant and desiring abortions, shall be permitted to determine

their eligibility for an abortion pursuant to law, and if determined

to be eligible, shall be permitted to obtain an abortion.

   The rights provided for females by this section shall be posted in

at least one conspicuous place to which all females have access.

   If Assembly Bill No. 2087 of the 1972 Regular Session of the

Legislature is chaptered, this section shall remain in effect only

until the 61st day after the final adjournment of the 1974 Regular

Session of the Legislature, and as of that date is repealed.

 

* * *

 

14500.  An Office of Family Planning shall be established within the

State Department of Health Services.  The Office of Family Planning

shall be under the control of an executive officer who shall be known

as the Coordinator of the Office of Family Planning.  The

coordinator shall be appointed by the State Director of Health

Services and shall be an individual with training and experience in

family planning.

 

14500.5.  (a) It is the intent of the Legislature that family

planning includes, but is not limited to, an effective means to

improve reproductive health by disease prevention and treatment, to

reduce the incidence of unintended pregnancies, and to reduce the

demand for abortions.  It is the intent of the Legislature that no

family planning shall be expended other than for the services

enumerated in this chapter.  It is also the intent of the Legislature

that no funds received pursuant to this chapter be used for

abortions or services ancillary to abortions.

   (b) For purposes of this chapter, the following definitions shall

apply:

   (1) "Family planning" means the process of establishing objectives

for the number and spacing of children, and selecting the means by

which those objectives may be achieved.  These means include a broad

range of acceptable and effective methods and services to limit or

enhance fertility, including contraceptive methods, natural family

planning, abstinence methods, and the management of infertility.

Family planning services include preconceptional counseling, maternal

and fetal health counseling, and general reproductive health care,

including diagnosis and treatment of infections and conditions,

including cancer, that threaten reproductive capability, and other

services as described in Section 14503, except for abortions and

services ancillary to abortions as prohibited in Section 14509.

Family planning does not include abortion, pregnancy testing solely

for the purposes of referral for abortion or services ancillary to

abortions, or pregnancy care which is not incident to the diagnosis

of a pregnancy, except as otherwise provided for in this chapter.

   (2) "Abortion as a method of family planning" means the deliberate

choice of abortion over other methods to limit the number, gender,

and spacing of children, including, but not limited to,

contraception, abstinence, and natural family planning methods.

   (3) "Department" means the State Department of Health Services.

   (4) "Director" means the Director of Health Services.

   (5) "Grantee" means an agency, institution, or organization

approved by the department to provide family planning services

pursuant to this chapter.

 

14501.  The Office of Family Planning has all of the following

functions, powers, and duties:

   (a) To make available to citizens of the state of childbearing age

comprehensive medical knowledge, assistance, and services relating

to the planning of families.

   (b) To consult with state and local agencies that provide or

administer family planning services and to participate in the

formulation of regulations and other policy decisions governing the

provision or administration of family planning services pursuant to

state law or regulation.

   (c) To establish goals and priorities for all state agencies

providing or administering family planning services.

   (d) To coordinate all family planning services and related

programs conducted or administered by state agencies with the federal

government so as to maximize the availability of these services by

utilizing all available federal funds.

   (e) To conduct a survey of all of the existing facilities within

the state having to do with family planning and infertility and the

rendering of advice and assistance on birth control techniques and

information.

   (f) To evaluate all existing programs and to establish in each

county a viable program for the dispensation of family planning,

infertility, and birth control information and techniques.

   (g) To develop and administer scientific investigation into

problems of infertility and existing and new family planning and

birth control techniques.

   (h) To survey, evaluate, and establish programs of professional

education and training for physicians, nurses, medical and nursing

students, and other health care practitioners in rendering advice on

family planning, infertility, and birth control techniques and

information.

   (i) To enter into agreements with, and award grants to,

individuals, colleges, universities, associations, corporations,

municipalities, and other units of government as may be deemed

necessary and advisable to carry out the general intent and purposes

of this article, which may provide for payment by the state within

the limit of funds available for material, equipment, and services.

   (j) To submit a biennial report to the Legislature including, but

not limited to, the subjects specified above.

   (k) To annually update and analyze family planning data.  The data

shall include, but not be limited to, the following:

   (1) Client number.

   (2) Ethnicity.

   (3) Family size.

   (4) Method.

   (5) Family income.

   (6) Service type.

   (7) Birthdate.

   (8) Total billing amount.

   (9) Pay source.

   (10) Date of visit.

   (11) Site number.

   (12) County of residence.

   (13) Updated estimates of women in need of subsidized family

planning services from the federal government, when available, for

all Office of Family Planning clinical service grantees by county of

service, as well as statewide totals.

 

14501.5.  The Office of Family Planning shall develop and implement

a sliding fee schedule for family planning services provided to

individuals under this chapter.  The fee schedule shall be based on

family size and income.

 

14502.  The Office of Family Planning may, to the extent funds are

available, and not more frequently than once each year, advance up to

25 percent of the yearly allocation to an individual or entity to

which it has awarded a grant, pursuant to subdivision (i) of Section

14501, to provide material, equipment, and services.

 

14503.  (a) Family planning services shall be offered to all former,

current, or potential recipients of childbearing age (as provided by

Public Law 92-603) and provided to all eligible individuals who

voluntarily request the services.  The services shall be offered and

provided without regard to marital status, age, or parenthood.

Notwithstanding any other provisions of law, the furnishing of these

family planning services shall not require the consent of anyone

other than the person who is to receive them.  Within the meaning of

this section, the term "former, current, or potential recipient"

means all persons 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 under

the federal Social Security Act (42 U.S.C. Sec. 301 et seq.), except

that the term "potential recipients" includes all persons 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.

   (b) Family planning services shall include, but not be limited to:

   (1) Medical treatment and procedures defined as family planning

services under the published Medi-Cal scope of benefits.

   (2) Medical contraceptive services such as diagnosis, treatment,

supplies, and followup.

   (3) Informational and educational services.

   (4) Facilitating services such as transportation and child care

services needed to attend clinic or other appointments.

   (5) Screening for chlamydia.

   (c) To the extent the services under this section are not

available under the Medi-Cal program, they shall be provided by a

grantee pursuant to a grant awarded by the Office of Family Planning.

  These grants shall include to the maximum extent possible,

cooperative funding and other financial arrangements that permit

maximum use of available federal funds.  All grants awarded by the

Office of Family Planning shall be exempt from Division 2 (commencing

with Section 1100) of the Public Contract Code.  Information and

referral services only shall be available to all other families and

children.

   (d) As the single state agency responsible for the state plan

under Title XX of the federal Social Security Act (42 U.S.C. Sec.

1397 et seq.), the State Department of Social Services may provide

family planning services pursuant to a purchase of services agreement

with the department from funds appropriated for those services.  The

agreement shall authorize the Office of Family Planning to implement

a sliding fee schedule for family planning services provided to

clients pursuant to Title XX of the federal Social Security Act in

accordance with Section 14501.5.

 

14503.5.  (a) As used in this section:

   (1) "AIDS" means acquired immune deficiency syndrome.

   (2) "Human immunodeficiency virus" or "HIV" means the etiologic

virus of AIDS.

   (3) "HIV test" means "HIV test" as defined in Section 120775 of

the Health and Safety Code.

   (b) The purpose of this article is to ensure that state-funded

family planning programs offer AIDS information and referral services

to their client population.

   (c) It is the intent of the Legislature that family planning

clients learn how to prevent the transmission of HIV, and that they

take steps to prevent its transmission.

   (d) For purposes of this section, "clients" shall include, but

shall not be limited to, all of the following:

   (1) New clients to a family planning program.

   (2) Clients making annual visits to a family planning program.

   (3) Clients seeking pregnancy testing or family planning services.

   (4) Clients seeking diagnosis and treatment for sexually

transmitted diseases.

   (e) Any family planning program that has a grant from the Office

of Family Planning to provide family planning services shall do all

of the following:

   (1) Provide brochures or other written materials to family

planning clients that describe the high-risk conditions and behaviors

for becoming infected with HIV and ways to prevent the transmission

of HIV infection.  To the maximum extent possible, the brochure or

other written materials provided by any family planning program shall

be culturally relevant and appropriate to the client populations

served by the programs.

   (2) Provide, as needed, family planning clients with information

about and referrals to local confidential or anonymous testing and

counseling sites, AIDS education programs, and other supportive

services.

   (f) Brochures and information required pursuant to subdivision (e)

may be incorporated into existing information and health education

programs provided by a family planning program.

   (g) The department shall make every effort to obtain brochures and

other written materials from existing resources.  Local family

planning programs are encouraged to supplement the brochures with

other available resources, to the extent that they deem necessary and

appropriate.

 

14504.  (a) The Male Involvement Program shall be a continuing

program within the Office of Family Planning with the goal of

reducing teenage pregnancy through promoting primary prevention

skills and motivation in adolescent boys and young men.  In order to

accomplish this goal, the program shall assist local programs to do

all of the following:

   (1) Increase community and individual awareness regarding the

importance of the roles and responsibilites of adolescent boys and

young men in the reduction of teenage pregnancies.

   (2) Reinforce community values that support these roles and

responsibilities.

   (3) Increase knowledge, skills, and motivation of at-risk

adolescent boys and young adult men in order to actively promote

their role in reducing teenage pregnancies.

   (b) Grants shall be made available to qualifying public or private

nonprofit providers for implementation of the Male Involvement

Program.

   (c) This section shall be implemented to the extent funding is

made available through the federal government, or in the annual

Budget Act or another state statute, or any combination of any

sources of funding.

 

14504.1.  (a) The Community Challenge Grants Program shall be a

continuing program within the Office of Family Planning with the goal

of reducing the number of teenage pregnancies and teenage single

parents, and promoting responsible parenting and the involvement of

the biological father in economic, social, and emotional support of

his children.

   (b) The program may target the following specific population

groups:

   (1) Presexually active adolescents.

   (2) Sexually active adolescents.

   (3) Pregnant and parenting teens.

   (4) Parents and families.

   (5) Adults at risk for unwed motherhood or absentee fatherhood.

   (c) School-based programs that include sexuality education shall

comply with the requirements of Section 51553 of the Education Code

relative to the content of sex education courses, Section 51201.5 of

the Education Code, which governs HIV/AIDS prevention, and Section

220 of the Education Code, which prohibits discrimination in schools

based on sexual orientation.

   (d) Grants shall be made available to qualifying community-based

nonprofit organizations and priority shall be given to those

organizations with community-based partnerships that have developed

effective local prevention programs.

   (e) This section shall be implemented to the extent funding is

made available through the federal government, or in the annual

Budget Act or another state statute, or any combination of any

sources of funding.

 

14504.2.  (a) The TeenSMART Program shall be a continuing program

within the Office of Family Planning with the goal of reducing

teenage pregnancies and reducing the incidence of sexually

transmitted infections among sexually active teens through enhanced

reproductive health care counseling, pregnancy prevention education,

and sexually transmitted infection risk reduction efforts for

adolescents accessing Family PACT TeenSMART clinics.

   (b) The services to be provided through TeenSMART shall include

counseling services and outreach in local communities to assist teens

who are at high risk of pregnancy to access clinical family planning

services. Outreach activities may include, but are not limited to,

establishing referral networks, providing information about clinic

services to teens in either formal group presentations or small group

education and counseling sessions, and one-on-one education and

counseling sessions.

   (c) Grants shall be made available to qualified public or private

nonprofit providers for implementation of the TeenSMART Program.

   (d) This section shall be implemented to the extent funding is

made available through the federal government, or in the annual

Budget Act or another state statute, or any combination of any

sources of funding.

 

14504.3.  (a) The Information and Education Program shall be a

continuing program within the Office of Family Planning with the goal

of decreasing teenage pregnancies through educational programs that

equip teens at high risk for pregnancy with the knowledge,

understanding, and behavioral skills necessary to make responsible

decisions regarding at-risk behavior.

   (b) (1) The program shall target youths in a variety of settings,

including, but not limited to, schools, juvenile justice facilities,

community-based settings, social services and youth agencies, and

foster care programs.

   (2) The program shall also focus on parents of high-risk youths

and other adults responsible for serving youths at risk in an effort

to assist them with effective tools for counseling at-risk youth

regarding responsible behavior.

   (c) Priority for funding under this program shall be given to the

following:

   (1) Programs that will increase youths' knowledge and ability to

deal responsibly with their own sexuality and the social pressures

affecting them.

   (2) Programs that will enhance the ability of parents and other

parenting adults to fulfill their roles as the primary sex educators

of their children.

   (d) Grants shall be made available to qualified public or private

nonprofit providers for implementation of the Information and

Education Program.

   (e) This section shall be implemented to the extent funding is

made available through the federal government, or in the annual

Budget Act or another state statute, or any combination of any

sources of funding.

 

14505.  The State Department of Health Services succeeds to and is

vested with the duties, purposes, responsibilities, and jurisdiction

heretofore exercised by the Department of Benefit Payments with

respect to the processing, audit, and payment of claims for family

planning services under this part to the extent they are performed

pursuant to the state plan under Title XIX of the federal Social

Security Act (Medi-Cal).  The State Department of Social Services

succeeds to and is vested with the duties, purposes,

responsibilities, and jurisdiction heretofore exercised by the

Department of Benefit Payments with respect to the processing, audit,

and payment of claims for family planning services under this part

to the extent they are performed pursuant to the state plan under

Title XX of the federal Social Security Act.  Moneys, funds, and

appropriations available to the Department of Benefit Payments for

the purposes of this section shall be made available to the State

Department of Health Services and to the State Department of Social

Services by the Director of Benefit Payments for the purposes of this

section after such moneys, funds, and appropriations have been

appropriated to or received by the Department of Benefit Payments.

 

14506.  The State Department of Health Services shall have the

possession and control of all records, papers, equipment, and

supplies held for the benefit or use of the Director of Benefit

Payments in the performance of his duties, powers, purposes,

responsibilities, and jurisdiction that are vested in the State

Department of Health Services by Section 14505.  The State Department

of Social Services shall have possession and control of all records,

papers, equipment, and supplies held for the benefit or use of the

Director of Benefit Payments in the performance of his duties,

powers, purposes, responsibilities, and jurisdiction that are vested

in the State Department of Social Services by Section 14505.

 

14507.  All officers and employees of the Director of Benefit

Payments who on the operative date of this section are serving in the

state civil service, other than as temporary employees, and engaged

in the performance of a function vested in the State Department of

Health Services by Section 14505 shall be transferred to the State

Department of Health Services.  The status, positions, and rights of

such persons shall not be affected by the transfer and shall be

retained by them as officers and employees of the State Department of

Health Services pursuant to the State Civil Service Act, except as

to positions exempt from civil service.

 

14508.  It is the intent of the Legislature that all persons

eligible for family planning services under Title IV-A of the Social

Security Act and Title X of the U.S. Public Health Service Act on

January 1, 1974, shall continue to be provided services

notwithstanding changes in federal regulations.

 

14509.  (a) The department shall award grants to persons to provide

family planning services pursuant to this chapter.

   (b) No funds received pursuant to grants awarded by the department

pursuant to this chapter shall be used to perform abortions.

   (c) No funds received pursuant to grants awarded by the department

pursuant to this chapter shall be used to fund services ancillary to

abortions, including, but not limited to, postabortion examinations.

  Nothing in this chapter shall be construed to limit the provision

of pregnancy testing and counseling as required by the Office of

Family Planning on the effective date of this section.

   (d) Any person awarded a grant by the department pursuant to this

chapter shall agree that during the term of the grant it will not be

a group, clinic, or organization that, with funds provided pursuant

to this chapter, advertises, advocates, or promotes abortion as a

method of family planning, or that receives any fee or other

consideration as payment for referrals for abortion services.  Any

person awarded a grant by the department pursuant to this chapter

shall agree to the termination of the grant and to return all

unexpended funds to the department that have been received from the

department pursuant to that grant if the department finds that the

grantee has violated this section.

 

14509.1.  (a) A grantee shall maintain records and accounts,

including property, personnel, and financial records, in a form,

format, and content that ensures a proper accounting for all family

planning funds received pursuant to this chapter.  These records

shall be made available for examination during normal business hours,

and shall be retained at a location determined by the director for

four years after the expiration of the grant, with the exception of

patient medical records, which shall be retained for at least seven

years.  Records for nonexpendable personal property shall be retained

for three years after final disposition.

   (b) A grantee shall arrange for an independent audit of the family

planning program.  The audit shall be done in accordance with

department directives and with generally accepted accounting

principles for nonprofit corporations and governmental entities.

 

14510.  (a) The department shall include provisions in grants with

all grantees that explicitly describe the requirements and

restrictions of this chapter.

   (b) The department shall establish a copayment system for services

provided pursuant to this chapter.  No person whose documented

family income is at or below 100 percent of the federal poverty level

shall be subject to copayments.

   (c) The department shall require a grantee to obtain the signature

of clients receiving services pursuant to this chapter on a document

that, under penalty of perjury, acknowledges that the client meets

and complies with the income eligibility requirements of this

chapter.

 

14511.  Notwithstanding any other provision of law, on and after the

effective date of any repeal of Division 24 (commencing with Section

24000) of the Welfare and Institutions Code, the general statewide

program for the provision of comprehensive clinical family planning

services as referenced in this chapter shall be deemed to be

operative in all respects, and the State Department of Health

Services shall administer the program accordingly.  It is the intent

of the Legislature that appropriate funding be made available at that

time for the general statewide program for the provision of

comprehensive clinical family planning services as set forth in this

chapter through the annual budget process.

 

14512.  It is the intent of the Legislature that all grants for the

provision of direct services entered into by the Office of Family

Planning under this chapter shall be competitively awarded.

 

* * *

 

BUSINESS AND PROFESSIONS CODE

 

* * *

 

601.  Every person who willfully writes, composes or publishes any

notice or advertisement of any medicine or means for producing or

facilitating a miscarriage or abortion, or who offers his services by

any notice, advertisement, or otherwise, to assist in the

accomplishment of any such purpose is guilty of a felony and shall be

punished as provided in the Penal Code.

 

* * *

 

2220.  Except as otherwise provided by law, the Division of Medical

Quality may take action against all persons guilty of violating this

chapter.  The division shall enforce and administer this article as

to physician and surgeon certificate holders, and the division shall

have all the powers granted in this chapter for these purposes

including, but not limited to:

   (a) Investigating complaints from the public, from other

licensees, from health care facilities, or from a division of the

board that a physician and surgeon may be guilty of unprofessional

conduct.  The board shall investigate the circumstances underlying

any report received pursuant to Section 805 within 30 days to

determine if an interim suspension order or temporary restraining

order should be issued.  The board shall otherwise provide timely

disposition of the reports received pursuant to Section 805.

   (b) Investigating the circumstances of practice of any physician

and surgeon where there have been any judgments, settlements, or

arbitration awards requiring the physician and surgeon or his or her

professional liability insurer to pay an amount in damages in excess

of a cumulative total of thirty thousand dollars ($30,000) with

respect to any claim that injury or damage was proximately caused by

the physician's and surgeon's error, negligence, or omission.

   (c) Investigating the nature and causes of injuries from cases

which shall be reported of a high number of judgments, settlements,

or arbitration awards against a physician and surgeon.

 

* * *

 

2253.  (a) Failure to comply with 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) in performing,

assisting, procuring or aiding, abetting, attempting, agreeing, or

offering to procure an illegal abortion constitutes unprofessional

conduct.

   (b) (1) A person is subject to Sections 2052 and 2053 if he or she

performs or assists in performing a surgical abortion, and at the

time of so doing, does not have a valid, unrevoked, and unsuspended

license to practice as a physician and surgeon as provided in this

chapter, or if he or she assists in performing a surgical abortion

and does not have a valid, unrevoked, and unsuspended license or

certificate obtained in accordance with some other provision of law

that authorizes him or her to perform the functions necessary to

assist in performing a surgical abortion.

   (2) A person is subject to Sections 2052 and 2053 if he or she

performs or assists in performing a nonsurgical abortion, and at the

time of so doing, does not have a valid, unrevoked, and unsuspended

license to practice as a physician and surgeon as provided in this

chapter, or does not have a valid, unrevoked, and unsuspended license

or certificate obtained in accordance with some other provision of

law that authorizes him or her to perform or assist in performing the

functions necessary for a nonsurgical abortion.

   (c) For purposes of this section, "nonsurgical abortion" includes

termination of pregnancy through the use of pharmacological agents.

 

2254.  The violation of Section 123440 of the Health and Safety

Code, relating to research on aborted products of human conception,

constitutes unprofessional conduct.

 

* * *

 

INSURANCE CODE

 

* * *

 

676.10.  (a) This section applies to policies covered by Section
675, 675.5, or 676.5 if the insured is a religious organization
described in clause (i) of subparagraph (A) of paragraph (1) of
subsection (b) of Section 170 of Title 26 of the United States Code,
an educational organization described in clause (ii) of subparagraph
(A) of paragraph (1) of subsection (b) of Section 170 of Title 26 of
the United States Code, or other nonprofit organization described in
clause (vi) of subparagraph (A) of paragraph (1) of subsection (b) of
Section 170 of Title 26 of the United States Code that is organized
and operated for religious, charitable, or educational purposes, or a
reproductive health services facility, as defined in subdivision (h)
of Section 423.1 of the Penal Code, or its administrative offices.
   (b) No insurer issuing policies subject to this section shall
cancel or refuse to renew the policy,  nor shall any premium be
excessive or unfairly discriminatory solely on the basis that one or
more claims has been made against the policy during the preceding 60
months for a loss that is the result of a hate crime committed
against the person or property of the insured, or an
anti-reproductive-rights crime.
   (c) As it relates to this section, if determined by a law
enforcement agency, a "hate crime" may include any of the following:
 
   (1) By force or threat of force, willfully injure, intimidate,
interfere with, oppress, or threaten any other person in the free
exercise or enjoyment of any right or privilege secured to him or her
by the Constitution or laws of this state or by the Constitution or
laws of the United States because of the other person's race, color,
religion, ancestry, national origin, disability, gender, or sexual
orientation, or because he or she perceives that the other person has
one or more of those characteristics.  However, the foregoing
offense does not include speech alone, except upon a showing that the
speech itself threatened violence against a specific person or group
of persons and that the defendant had the apparent ability to carry
out the threat.
   (2) Knowingly deface, damage, or destroy the real or personal
property of any other person for the purpose of intimidating or
interfering with the free exercise or enjoyment of any right or
privilege secured to the other person by the Constitution or laws of
this state or by the Constitution or laws of the United States,
because of the other person's race, color, religion, ancestry,
national origin, disability, gender, or sexual orientation, or
because he or she perceives that the other person has one or more of
those characteristics.
   (d) As it relates to this section, if determined by a law
enforcement agency, "anti-reproductive-rights crime" shall have the
meaning set forth in subdivision (a) of Section 13776 of the Penal
Code, and shall also include a violation of subdivision (e) of
Section 423.2 of the Penal Code, if the crime results in a covered
loss under a policy subject to this section.
   (e) Upon cancellation of or refusal to renew a policy subject to
this section after an insured has submitted a claim to the insurer
that is the result of a hate crime committed against the person or
property of the insured, or an anti-reproductive-rights crime, the
insurer shall report the cancellation or nonrenewal to the
commissioner.
   (f) A violation of this section shall be an unfair practice
subject to Article 6.5 (commencing with Section 790) of Chapter 1 of
Division 2.
   (g) Nothing in this section shall prevent an insurer subject to
this section from taking any of the actions set forth in subdivision
(b) on the basis of criteria not otherwise made invalid by this
section or any other act, regulation, or law.
 

* * *

 

10600.  This part shall be known and may be referred to as the

"Health Insurance Disclosure Act of 1974."

 

10604.1.  (a) The Legislature finds and declares that the right of

every patient to receive basic information necessary to give full and

informed consent is a fundamental tenet of good public health policy

and has long been the established law of this state.  Some hospitals

and other providers do not provide a full range of reproductive

health services and may prohibit or otherwise not provide

sterilization, infertility treatments, abortion, or contraceptive

services, including emergency contraception.  It is the intent of the

Legislature that every patient be given full and complete

information about the health care services available to allow

patients to make well informed health care decisions.

   (b) On or before July 1, 2001, every disability insurer that

provides coverage for hospital, medical, or surgical benefits, and

which provides a list of network providers to prospective insureds

and insureds, shall do both of the following:

   (1) Include the following statement, in at least 12-point boldface

type, at the beginning of each provider directory:

   "Some hospitals and other providers do not provide one or more of

the following services that may be covered under your policy and that

you or your family member might need:  family planning;

contraceptive services, including emergency contraception;

sterilization, including tubal ligation at the time of labor and

delivery; infertility treatments; or abortion.  You should obtain

more information before you become a policyholder or select a network

provider.  Call your prospective doctor or clinic, or call the

insurer at (insert the insurer's membership services number or other

appropriate number that individuals can call for assistance) to

ensure that you can obtain the health care services that you  need."

   (2) Place the statement described in paragraph (1) in a prominent

location on any provider directory posted on the insurer's website,

if any, and include this statement in a conspicuous place in the

insurer's evidence of coverage and disclosure forms.

   (c) A disability insurer shall not be required to provide the

statement described in paragraph (1) of subdivision (b) in a service

area in which none of the hospitals, health facilities, clinics,

medical groups, or independent practice associations with which it

contracts limit or restrict any of the reproductive services

described in the statement.

   (d) This section shall not apply to vision-only, dental-only,

accident-only, specified disease, hospital indemnity, Medicare

supplement, long-term care, or disability income insurance.

 

10605.  (a) Effective July 1, 1976, all insurers, and their

employees and agents, shall, when presenting any disability insurance

policy for examination or sale to an individual prospective insured

or individual prospective subscriber, provide such individual with a

properly completed disclosure form, as prescribed by the commissioner

pursuant to Sections 10603 and 10604, for each disability insurance

policy so examined or sold.

   (b) In the case of group disability insurance contracts, the

completed disclosure form shall be presented to the contract holder

upon delivery of the group policy or contract.

   (c) Group insurance contract holders shall disseminate copies of

the completed disclosure form to all persons or family units eligible

under the group contract.  Where the individual members of the group

are offered a choice of policies, separate disclosure forms shall be

supplied for each policy available.

   (d) Disability insurance issued in connection with an employees'

welfare plan subject to the Federal Employee Retirement Income

Security Act of 1974 (P.L. 93-406) is exempt from the provisions of

this chapter.

 

* * *

 

PROBATE CODE

 

* * *

 

4619.  "Health care institution" means an institution, facility, or
agency licensed, certified, or otherwise authorized or permitted by
law to provide health care in the ordinary course of business.
 
4621.  "Health care provider" means an individual licensed,
certified, or otherwise authorized or permitted by the law of this
state to provide health care in the ordinary course of business or
practice of a profession.

 

* * *

 

4734.  (a) A health care provider may decline to comply with an

individual health care instruction or health care decision for

reasons of conscience.

   (b) A health care institution may decline to comply with an

individual health care instruction or health care decision if the

instruction or decision is contrary to a policy of the institution

that is expressly based on reasons of conscience and if the policy

was timely communicated to the patient or to a person then authorized

to make health care decisions for the patient.

 

4735.  A health care provider or health care institution may decline

to comply with an individual health care instruction or health care

decision that requires medically ineffective health care or health

care contrary to generally accepted health care standards applicable

to the health care provider or institution.

 

4736.  A health care provider or health care institution that

declines to comply with an individual health care instruction or

health care decision shall do all of the following:

   (a) Promptly so inform the patient, if possible, and any person

then authorized to make health care decisions for the patient.

   (b) Unless the patient or person then authorized to make health

care decisions for the patient refuses assistance, immediately make

all reasonable efforts to assist in the transfer of the patient to

another health care provider or institution that is willing to comply

with the instruction or decision.

   (c) Provide continuing care to the patient until a transfer can be

accomplished or until it appears that a transfer cannot be

accomplished.  In all cases, appropriate pain relief and other

palliative care shall be continued.

 

* * *

 

GOVERNMENT CODE

 

* * *

 

6215.  The Legislature finds and declares the following:

   (a) Persons working in the reproductive health care field,

specifically the provision of terminating a pregnancy, are often

subject to harassment, threats, and acts of violence by persons or

groups.

   (b) In 2000, 30 percent of respondents to a Senate Office of

Research survey of 172 California reproductive health care providers

reported they or their families had been targets of acts of violence

by groups that oppose reproductive rights at locations away from

their clinics or offices.

   (c) Persons and groups that oppose reproductive rights attempt to

stop the provision of legal reproductive health care services by

threatening reproductive health care service providers, clinics,

employees, volunteers, and patients.  The names, photographs, spouses'

names, and home addresses of these providers, employees, volunteers,

and patients have been posted on Internet Web sites.  From one Web

site list that includes personal information of reproductive health

care service providers, seven persons have been murdered and 14 have

been injured.  As of August 5, 2002, there are 78 Californians listed

on this site.  The threat of violence toward reproductive health

care service providers and those who assist them has clearly extended

beyond the clinic and into the home.

   (d) Nationally, between 1992 and 1996, the number of reproductive

health care service providers declined by 14 percent.  Nearly one out

of every four women must travel more than 50 miles to obtain

reproductive health care services dealing with the termination of a

pregnancy.  There exists a fear on the part of physicians to enter

the reproductive health care field and to provide reproductive health

care services.

   (e) Reproductive health care services are legal medical

procedures.  In order to prevent potential acts of violence from

being committed against providers, employees, and volunteers who

assist in the provision of reproductive health care services and the

patients seeking those services, it is necessary for the Legislature

to ensure that the home address information of these individuals is

kept confidential.

   (f) The purpose of this chapter is to enable state and local

agencies to respond to requests for public records without disclosing

the residential location of a reproductive health care services

provider, employee, volunteer, or patient, to enable interagency

cooperation with the Secretary of State in providing address

confidentiality for reproductive health care services providers,

employees, volunteers, and patients, and to enable state and local

agencies to accept a program participant's use of an address

designated by the Secretary of State as a substitute mailing address.

 

6215.1.  Unless the context clearly requires otherwise, the

definitions in this section apply throughout this chapter.

   (a) "Address" means a residential street address, school address,

or work address of an individual, as specified on the individual's

application to be a program participant under this chapter.

   (b) "Reproductive health care services" means health care services

relating to the termination of a pregnancy in a reproductive health

care services facility.

   (c) "Reproductive health care services provider, employee,

volunteer, or patient" means a person who obtains, provides, or

assists, at the request of another person, in obtaining or providing

reproductive health care services, or a person who owns or operates a

reproductive health care services facility.

   (d) "Reproductive health care services facility" includes a

hospital, an office operated by a licensed physician and surgeon, a

licensed clinic, or other licensed health care facility that provides

reproductive health care services and includes only the building or

structure in which the reproductive health care services are actually

provided.

 

6215.2.  (a) An adult person, a parent or guardian acting on behalf

of a minor, or a guardian acting on behalf of an incapacitated person

may apply to the Secretary of State to have an address designated by

the Secretary of State to serve as the person's address or the

address of the minor or incapacitated person.  An application shall

be completed in person at a community-based assistance program

designated by the Secretary of State.  The application process shall

include a requirement that the applicant shall meet with a counselor

and receive orientation information about the program.  The Secretary

of State shall approve an application if it is filed in the manner

and on the form prescribed by the Secretary of State and if it

contains all of the following:

   (1) If the applicant alleges that the basis for the application is

that the applicant, or the minor or incapacitated person on whose

behalf the application is made, is a reproductive health care service

provider, employee, or volunteer who is fearful for his or her

safety or the safety of his or her family because of his or her

affiliation with a reproductive health care services facility, the

application shall be accompanied by all of the following:

   (A) Documentation showing that the individual is to commence

employment or is currently employed as a provider or employee at a

reproductive health care services facility or is volunteering at a

reproductive health care services facility.

   (B) A certified statement signed by a person authorized by the

reproductive health care services facility stating that the facility

or any of its providers, employees, volunteers, or patients is or was

the target of threats or acts of violence within one year of the

date of the application.  A person who willfully certifies as true

any material matter pursuant to this section which he or she knows to

be false is guilty of a misdemeanor.

   (C) A sworn statement that the applicant fears for his or her

safety or the safety of his or her family, or the safety of the minor

or incapacitated person on whose behalf the application is made due

to his or her affiliation with the reproductive health care services

facility providing the declaration described in subparagraph (B).

   (2) If the applicant alleges that the basis for the application is

that the applicant is a reproductive health care services facility

volunteer, the application shall, in addition to the documents

specified in paragraph (1), be accompanied by reproductive health

care services facility documentation showing the length of time the

volunteer has committed to working at the facility.

   (3) If the applicant alleges that the basis of the application is

that the applicant, or the minor or incapacitated person on whose

behalf the application is made, is a person who is or has been the

target of threats or acts of violence because he or she is obtaining

or seeking to obtain services at a reproductive health care services

facility within one year of the date of the application, the

application shall be accompanied by the following:

   (A) A sworn statement that the applicant has good reason to fear

for his or her safety or the safety of his or her family.

   (B) Any police, court, or other government agency records or files

that show any complaints of the alleged threats or acts of violence.

   (4) A designation of the Secretary of State as agent for purposes

of service of process and for the purpose of receipt of mail.

   (A) Service on the Secretary of State of any summons, writ,

notice, demand, or process shall be made by delivering to the address

confidentiality program personnel of the office of the Secretary of

State two copies of the summons, writ, notice, demand, or process.

   (B) If a summons, writ, notice, demand, or process is served on

the Secretary of State, the Secretary of State shall immediately

cause a copy to be forwarded to the program participant at the

address shown on the records of the address confidentiality program

so that the summons, writ, notice, demand, or process is received by

the program participant within three days of the Secretary of State's

having received it.

   (C) The Secretary of State shall keep a record of all summonses,

writs, notices, demands, and processes served upon the Secretary of

State under this section and shall record the time of that service

and the Secretary of State's action.

   (D) The office of the Secretary of State and any agent or person

employed by the Secretary of State shall be held harmless from any

liability in any action brought by any person injured or harmed as a

result of the handling of first-class mail on behalf of program

participants.

   (5) The mailing address where the applicant can be contacted by

the Secretary of State, and the telephone number or numbers where the

applicant can be called by the Secretary of State.

   (6) The address or addresses that the applicant requests not be

disclosed for the reason that disclosure will increase the risk of

acts of violence toward the applicant.

   (7) The signature of the applicant and of any individual or

representative of any office designated in writing who assisted in

the preparation of the application, and the date on which the

applicant signed the application.

   (b) Applications shall be filed with the office of the Secretary

of State.

   (c) Applications submitted by a reproductive health care services

facility, its providers, employees, or volunteers shall be

accompanied by payment of a fee to be determined by the Secretary of

State.  This fee shall not exceed the actual costs of enrolling in

the program.  In addition, annual fees may also be assessed by the

Secretary of State to defray the actual costs of maintaining this

program.  Annual fees assessed by the Secretary of State shall also

be used to reimburse the General Fund for any amounts expended from

that fund for the purposes of this chapter.  No applicant who is a

patient of a reproductive health care services facility shall be

required to pay an application fee or the annual fee under this

program.

   (d) The Address Confidentiality for Reproductive Health Care

Services Fund is hereby created in the General Fund.  Upon

appropriation by the Legislature, moneys in the fund are available

for the administration of the program established pursuant to this

chapter.

   (e) Upon filing a properly completed application, the Secretary of

State shall certify the applicant as a program participant.

Applicants, with the exception of reproductive health care services

facilities volunteers, shall be certified for four years following

the date of filing unless the certification is withdrawn, or

invalidated before that date.  Reproductive health care services

facility volunteers shall be certified until six months from the last

date of volunteering with the facility.  The Secretary of State

shall by rule establish a renewal procedure.

   (f) A person who falsely attests in an application that disclosure

of the applicant's address would endanger the applicant's safety or

the safety of the applicant's family or the minor or incapacitated

person on whose behalf the application is made, or who knowingly

provides false or incorrect information upon making an application,

is guilty of a misdemeanor.  A notice shall be printed in bold type

and in a conspicuous location on the face of the application

informing the applicant of the penalties under this subdivision.

 

6215.3.  (a) The Secretary of State may cancel a program participant'

s certification if there is a change in the residential address from

the one listed on the application, unless the program participant

provides the Secretary of State with at least seven days' prior

notice of the change of address.

   (b) The Secretary of State may cancel a program participant's

certification if mail forwarded by the secretary to the program

participant's address is returned as nondeliverable.

   (c) The Secretary of State shall cancel certification of a program

participant who applies using false information.

   (d) The Secretary of State shall cancel certification of a program

participant who fails to disclose a change in employment status, or

termination as a provider or volunteer.

   (e) Any records or documents pertaining to a program participant

shall be retained and held confidential for a period of three years

after termination of certification and then destroyed without further

notice.

 

6215.4.  (a) A program participant may withdraw from program

participation by submitting to the address confidentiality program

manager written notification of withdrawal and his or her current

identification card.  Certification shall be terminated on the date

of receipt of this notification.

   (b) The address confidentiality program manager may terminate a

program participant's certification and invalidate his or her

authorization card for any of the following reasons:

   (1) The program participant's certification term has expired and

certification renewal has not been completed.

   (2) The address confidentiality program manager has determined

that false information was used in the application process or that

participation in the program is being used as a subterfuge to avoid

detection of illegal or criminal activity or apprehension by law

enforcement.

   (3) The program participant no longer resides at the residential

address listed on the application, and has not provided at least

seven days' prior notice in writing of a change in address.

   (4) A service of process document or mail forwarded to the program

participant by the address confidentiality program manager is

returned as nondeliverable.

   (5) The program participant who is a provider, employee, or

volunteer fails to disclose a change in employment, or termination as

volunteer or provider.

   (c) If termination is a result of paragraph (1), (3), (4), or (5)

of subdivision (b), the address confidentiality program manager shall

send written notification of the intended termination to the program

participant.  The program participant shall have five business days

in which to appeal the termination under procedures developed by the

Secretary of State.

   (d) The address confidentiality program manager shall notify in

writing the county elections official and authorized personnel of the

appropriate county clerk's office, and county recording office of

the program participant's certification withdrawal, invalidation,

expiration, or termination.

   (e) Upon receipt of this termination notification, authorized

personnel shall transmit to the address confidentiality program

manager all appropriate administrative records pertaining to the

program participant and the record transmitting agency is no longer

responsible for maintaining the confidentiality of a terminated

program participant's record.

   (f) Following termination of program participant certification as

a result of paragraph (2) of subdivision (b), the address

confidentiality program manager may disclose information contained in

the participant's application.

 

6215.5.  (a) A program participant may request that state and local

agencies use the address designated by the Secretary of State as his

or her address.  When creating a public record, state and local

agencies shall accept the address designated by the Secretary of

State as a program participant's substitute address, unless the

Secretary of State has determined both of the following:

   (1) The agency has a bona fide statutory or administrative

requirement for the use of the address that would otherwise be

confidential under this chapter.

   (2) This address will be used only for those statutory and

administrative purposes and shall not be publicly disseminated.

   (b) A program participant may request that state and local

agencies use the address designated by the Secretary of State as his

or her address.  When modifying or maintaining a public record,

excluding the record of any birth, fetal death, death, or marriage

registered under Division 102 (commencing with Section 102100) of the

Health and Safety Code, state and local agencies shall accept the

address designated by the Secretary of State as a program participant'

s substitute address, unless the Secretary of State has determined

both of the following:

   (1) The agency has a bona fide statutory or administrative

requirement for the use of the address that would otherwise be

confidential under this chapter.

   (2) This address will be used only for those statutory and

administrative purposes and shall not be publicly disseminated.

   (c) A program participant may use the address designated by the

Secretary of State as his or her work address.

   (d) The office of the Secretary of State shall forward all

first-class mail and all mail sent by a governmental agency to the

appropriate program participants.  The office of the Secretary of

State shall not handle or forward packages regardless of size or type

of mailing.

   (e) Notwithstanding subdivision (a), program participants shall

comply with the provisions specified in subdivision (d) of Section

1808.21 of the Vehicle Code if requesting suppression of the records

maintained by the Department of Motor Vehicles.  Program participants

shall also comply with all other provisions of the Vehicle Code

relating to providing current address information to the department.

 

6215.6.  A program participant who is otherwise qualified to vote

may seek to register and vote in a confidential manner pursuant to

Section 2166.5 of the Elections Code.

 

6215.7.  The Secretary of State may not make a program participant's

address, other than the address designated by the Secretary of

State, available for inspection or copying, except under any of the

following circumstances:

   (a) If requested by a law enforcement agency, to the law

enforcement agency.

   (b) If directed by a court order, to a person identified in the

order.

   (c) If certification has been canceled.

 

6215.8.  The Secretary of State shall designate state and local

agencies and nonprofit agencies that may assist persons applying to

be program participants.  Any assistance and counseling rendered by

the office of the Secretary of State or its designees to applicants

shall in no way be construed as legal advice.

 

6215.9.  The Secretary of State may adopt rules to facilitate the

administration of this chapter by state and local agencies.  The

Secretary of State shall administer this chapter together with and in

the same manner as the Address Confidentiality For Victims of

Domestic Violence and Stalking (Safe at Home) program.

 

6216.  (a) The Secretary of State shall submit to the Legislature,

no later than January 10 of each year, a report that includes the

total number of applications received for the program established by

this chapter.  The report shall disclose the number of program

participants within each county and shall also describe any

allegations of misuse relating to election purposes.

   (b) The Secretary of State shall commence accepting applications

under this program on April 1, 2003.

   (c) The Secretary of State shall submit to the Legislature by July

1, 2006, a report that includes the total number of pieces of mail

forwarded to program participants, the number of program participants

during the program's duration, the average length of time a

participant remains in the program, and the targeted code changes

needed to improve the program's efficiency and cost-effectiveness.

 

6217.  This chapter shall remain in effect only until January 1,

2008, and as of that date is repealed, unless a later enacted

statute, that is enacted before January 1, 2008, deletes or extends

that date.

 

* * *

 

CIVIL CODE

 

* * *

 

3427.  As used in this title:

   (a) "Aggrieved" means and refers to any of the following persons

or entities:

   (1) A person physically present at a health care facility when a

commercial blockade occurs whose access is obstructed or impeded.

   (2) A person physically present at a health care facility when a

commercial blockade occurs whose health care is disrupted.

   (3) A health care facility where a commercial blockade occurs, its

employees, contractors, or volunteers.

   (4) The owner of a health care facility where a commercial

blockade occurs or of the building or property upon which the health

care facility is located.

   (b) "Commercial blockade" means acts constituting the tort of

commercial blockade, as defined in Section 3427.1.

   (c) "Disrupting the normal functioning of a health care facility"

means intentionally rendering or attempting to render a health care

facility temporarily or permanently unavailable or unusable by a

licensed health practitioner, the facility's staff, or patients.

"Disrupting the normal functioning of a health care facility" does

not include acts of the owner of the facility, an agent acting on

behalf of the owner, or officers or employees of a governmental

entity acting to protect the public health or safety.

   (d) "Health care facility" means a facility that provides health

care services directly to patients, including, but not limited to, a

hospital, clinic, licensed health practitioner's office, health

maintenance organization, diagnostic or treatment center,

neuropsychiatric or mental health facility, hospice, or nursing home.

 

3427.1.  It is unlawful, and constitutes the tort of commercial

blockade for a person, alone or in concert with others, to

intentionally prevent an individual from entering or exiting a health

care facility by physically obstructing the individual's passage or

by disrupting the normal functioning of a health care facility.

 

3427.2.  A person or health care facility aggrieved by the actions

prohibited by this title may seek civil damages from those who

committed the prohibited acts and those acting in concert with them.

 

3427.3.  The court having jurisdiction over a civil proceeding under

this title shall take all steps reasonably necessary to safeguard

the individual privacy and prevent harassment of a health care

patient, licensed health practitioner, or employee, client, or

customer of a health care facility who is a party or witness in the

proceeding, including granting protective orders. Health care

patients, licensed health practitioners, and employees, clients, and

customers of the health care facility may use pseudonyms to protect

their privacy.

 

3427.4.  This title shall not be construed to impair any

constitutionally protected activity or any activities protected by

the labor laws of this state or the United States of America.

 

-----------------------------------------------------------------------

 

Califormia Code of Regulations.

 

[Title 22, Division 5, Chapter 7, Article 5: Abortion Services.]

 

§ 75040. Abortion Service -General Requirements.

 



(a) Primary care clinics providing abortion services shall provide:

 

(1) Preabortion and postabortion information and education sessions. These sessions shall include but not be limited to:

 

 

 

(A) How the abortion procedure is performed.

 

 

 

(B) Possible risks and complications.

 

 

 

(C) Options or alternatives to abortion.

 

 

 

(D) Post-procedure medical services.

 

 

 

(E) Family planning information and education.

 

 

 

(2) Laboratory Services.

 



(b) The physician shall make a gross examination of the aborted specimen and shall refer the specimen to a pathologist if no products of conception are visualized or if the tissue appears abnormal. Products of conception shall be disposed of after examination, in accordance with Section 75069.

(c) Preabortion informational and educational sessions shall be documented in each patient's medical record and shall be signed and dated by the person providing this instruction and by the patient.

 

§ 75041. Abortion Service -Policies and Procedures.

 



(a) The policies and procedures which the clinic shall implement shall include but not be limited to the following subjects:

 

(1) Medical criteria for selection of patients.

 

 

 

(2) Determination of pregnancy status.

 

 

 

(3) Rh typing.

 

 

 

(4) Information and education sessions for the patient before and after the abortion.

 

 

 

(5) Postabortion care of the patient in the recovery area.

 

 

 

(6) Referral and transfer of the patient to other agencies or programs for additional medical services and counseling beyond the scope of the clinic.

 

 

 

(7) Follow-up of patients after the abortion.

 

 

 

(8) Notice to patients that they must arrange for postabortion transportation.

 

 

 

(9) Provision for family planning information and education.

 

§ 75042. Abortion Service -Equipment and Supplies.

 



(a) There shall be adequate and appropriate equipment and supplies maintained to provide the services offered, including at least the following:

 

(1) Standard gynecological examination table.

 

 

 

(2) Pharyngeal suction equipment.

 

 

 

(3) Oxygen source and mask.

 

 

 

(4) Surgical instruments necessary for the performance of the abortion.

 

 

 

(5) Emergency medications.

 

 

 

(6) Appropriate intravenous fluids.

 

§ 75043. Abortion Service -Staff.

 



(a) A physician who is certified or eligible for certification by the American Board of Obstetrics and Gynecology or a physician with training and experience in performing abortions shall be responsible for the abortion service. This physician may also hold the position of professional director of the clinic. Only a physician responsible to the professional director of the clinic may perform abortions.

(b) A licensed nurse shall be present in the clinic when an abortion is performed.

(c) A system ensuring availability of staff for follow-up care or referral of patients shall be operative on a 24-hour basis.

 

§ 75044. Abortion Service -Space.

 



(a) Each abortion room shall have a floor area which can accommodate the patient, the equipment and supplies required in Section 75042 and the staff required in Section 75043.

(b) A postabortion recovery area shall be maintained. The area shall be adequate for the number of patients recovering at any given time and shall provide privacy for those patients who request it.

(c) Space for a counseling area shall be maintained and may be the same area as the postabortion recovery area. The counseling area shall provide privacy for those patients who request it.

(d) Provisions for the storage of patient's clothing and personal items shall be maintained.

 

 

 

_________________________

 

Medi-Cal Medical Services Provider Manual, Part 2

 

* * *

 

This section contains information about billing for abortions and the medical services and supplies incidental or preliminary to an abortion.

 

Abortion Services                      The Medi-Cal program covers abortion performed as a physician service.

 

·     Abortion is a covered benefit regardless of the gestational age of the fetus.

·     Medical justification and prior authorization for abortion are not required.

·     Inpatient hospitalization for the performance of an abortion requires prior authorization under the same criteria as other medical procedures (see California Code of Regulations [CCR],Title 22, Section 51327).

 

 

Medicare Denial Required            Medicare covers abortion in limited situations.  Therefore, a Medicare

for Abortion Procedures               denial is required prior to billing Medi-Cal for abortion procedures (CPT-4 codes 59840, 59841, 59850 – 59852 and 59855 – 59857).

 

 

 

Surgical Pathology                     If abortion materials are sent to a pathology laboratory, a separate

Gross and Microscopic              billing by the laboratory may be submitted, using only CPT-4 code

Examination of Materials          88300 (Level I – surgical pathology, gross examination only) or 88304 (Level III – surgical pathology, gross and microscopic examination).  Claims with codes 88300 or 88304 submitted for surgical pathology examination purposes should be billed with an appropriate ICD-9-CM diagnosis code for induced abortion (635 – 635.9, 636 – 636.9,
637 – 637.9, 638 – 638.9) or unwanted pregnancy (V61.7 – V61.79).

 

Codes 88300 and 88304 are not separately reimbursable if billed in conjunction with an induced abortion procedure (CPT-4 codes 59840, 59841, 59850 – 59852 and 59855 – 59857) by the same provider, for the same female recipient, on the same date of service.

 

                                                    Two or more surgical pathology specimens from different sites are separately reimbursable only when billed on separate claim lines on the same claim form.  The Service Units/Days or Units must be “1” for each claim line.

 

 


Elective Abortion:                      The following instructions are for providers billing medical services

Incidental or Preliminary           incidental or preliminary to an elective abortion:

Services

                                                          ·  Services performed on the same date as the elective abortion

                                                              Providers are requested to bill services incidental or preliminary to an elective abortion (such as office visits* or laboratory tests) on the same claim form as the elective abortion procedure  (CPT-4 codes 59840 - 59852) only if those services were performed on the same date as the abortion.

                                                              *  Most pre-operative office visits are included in the listed value of the surgical procedure and are not reimbursable.  Under some circumstances, however, office visits may be reimbursable.  These circumstances are outlined in the
CPT-4 Surgery Guidelines.

                                                          ·  Services performed on an earlier date than the abortion

Medical services provided on an earlier date than the abortion itself that are directly related to the abortion should be billed
on a separate claim from the abortion procedure.  Such services must be identified with ICD-9-CM diagnosis codes
635 – 635.92, 637– 637.92, 638 – 638.9 or V61.7 (when a diagnosis is required), or a written diagnosis of “elective abortion,” as appropriate.

The provider should exercise professional judgment in determining whether a particular service is directly related to an abortion, or whether it would have been performed regardless of the abortion.

                                                          ·  Services performed on an earlier date unrelated to the abortion

                                                              Medical services that are not performed on the same date as an abortion not directly related to an abortion should also be billed on a separate claim form.  This claim form should indicate the appropriate diagnosis as required.  For example, a physician office visit to discuss various alternatives for family planning should be billed separately and identified as a family planning service, even if the patient subsequently, or during the visit, chooses to undergo an elective abortion at some later date.

                                                          ·  Abortions performed in connection with other surgery

                                                              Providers are requested to list the written diagnosis of elective abortion (with ICD-9-CM diagnosis codes 635 – 635.92,
637 – 637.92, 638 – 638.9 or V61.7 where required) as the secondary diagnosis when an abortion is provided in connection with other surgery (for example, sterilization).  As a

result, the Department of Health Care Services (DHCS) will be

better able to identify services eligible for matching federal funds while excluding abortions that are not eligible for these funds.

 


Cervical Dilation With               HCPCS procedure codes for cervical dilation billing are as follows:

Hygroscopic Agents

 

                                                          HCPCS  

                                                          Code        Description

                                                         

                                                          X1516     Natural (laminaria) hygroscopic sticks used in the cervical dilation process

 

                                                          X1518     Synthetic hygroscopic sticks used in the cervical dilation process

 

                                                    Under the Medi-Cal program, the procedure of inserting hygroscopic sticks into the cervix to gain dilation prior to abortion is considered a part of the abortion procedure and is not separately reimbursable.  However, the cost of the hygroscopic sticks is reimbursable.

 

                                                    The number of sticks used should be indicated in the Service

Units/Days or Units box of the claim.  The fetal gestational age and surgical procedure code used to perform the abortion (for example, suction, curettage, evacuation) should be indicated in the Remarks area/Reserved For Local Use field (Box 19) of the claim.

 

                                                    Claims submitted for hygroscopic sticks using codes other than

HCPCS code X1516 or X1518 are subject to denial.

 

 

 

Ultrasound                                 An ultrasound performed prior to an induced abortion is reimbursable

with CPT-4 codes 76801 – 76815 and 76817 when billed in conjunction

with ICD-9 diagnosis codes 635 – 635.92, 637 – 637.92, 638 – 638.9

or V61.7.

 

 

Fetal Age                                    CPT-4 code 76815 (ultrasound, pregnant uterus, limited) is billed

Determination                              for ultrasound when the age of the fetus cannot be determined by the patient’s history or physical examination.

 


Dilation and Curettage/            The following definitions outline the differences between the methods

Dilation and Evacuation           used in surgical procedures for removing uterine contents.  The procedure performed should be indicated on a recipient’s medical record.

 

CPT-4    

                                                          Code        Description

                                                         

59840      Dilation and Curettage - used to induce a first trimester

abortion, for termination of a pregnancy in the first
12 - 14 weeks of gestation.  A vacuum source, a vacuum curette and sometimes a sharp curette are used to confirm complete evacuation of uterine contents.

 

59841      Dilation and Evacuation - used to induce a second

trimester abortion, for termination of a pregnancy after
12 - 14 weeks of gestation.  A greater degree of cervical dilation is required, and suction curettage alone is inadequate.  Long, heavy forceps are frequently required, as well as additional time for completion.


Operative Report                          An operative report documenting the name of the procedure

                                                    performed should accompany all claims for Dilation and Evacuation (D&E) (CPT-4 code 59841).  If the operative report documents that a Dilation and Curettage (D&C) was performed, but the claim is for a D&E, reimbursement will be reduced to the rate of a D&C.

 

 

 

Simultaneous Sterilization         Sterilization and abortion procedures can be performed at the same

and Abortion:                             time if separate arrangements for the procedures are made.

Restricted Conditions

                                                    California Code of Regulations, Title 22, Section 51305.3(b), states that informed consent for a sterilization could not be given when an individual was seeking to obtain or obtaining an abortion.  This section also defines the terms “seeking to obtain” and “obtaining an abortion.”  Under these defined terms, both procedures can be performed at the same time only if sterilization arrangements are made prior to arrangements for an abortion procedure.

 

                                                    The definitions are:

 

·  “Seeking to obtain” means that period of time during which the abortion decision and the arrangements for the abortion are being made.

·  “Obtaining an abortion” means that period of time during which an individual is undergoing the abortion procedure, including any period during which pre-operative medication is administered.

 


Abortion-Related Supplies        Medi-Cal limits reimbursement for elective abortions (CPT-4 codes

and Services:  60-Day               59840 - 59852) to once in 60 days unless a subsequent abortion

Frequency Limit                         is medically justified.  The once-in-60-days limit also applies to the following supplies and procedures that may be associated with an elective abortion:

 

·  12 Laminaria (HCPCS code X1516) *

·  4 synthetic hygroscopic sticks (HCPCS code X1518) *

*  Unless a greater number are medically justified and documented.  See “Cervical Dilation With Hygroscopic
Agents” in this section.

·  Modifiers -P1 (anesthesia), -ZE (nurse anesthetist), -ZM and
-ZN (supplies and drugs)

·  Ultrasound, pregnant uterus, B-scan and/or real time with image documentation; limited (fetal size, heart beat, placental location, fetal position, or emergency in the delivery room) (CPT-4 code 76815)

·    Anesthesia for induced abortion procedures (CPT-4 code 01966)

 

                                                   

Supplies/Services Not                   The following supplies or services are included in the reimbursement

Separately Reimbursable               for an elective abortion and are not reimbursed separately:

 

·  Emergency room miscellaneous drugs and medical supplies (HCPCS code Z7610)

·  Supplies and materials provided by the physician over and above those usually included in the office visit or other services rendered (CPT-4 code 99070)

·  Comprehensive office visit (CPT-4 code 99215)

·  Dilation of cervical canal, instrumental (separate procedure) (CPT-4 code 57800)

 

 

 


Medical Abortion                       Medical abortion of intrauterine pregnancies through the 63rd day from the first day of the patient’s last menstrual period is a reimbursable benefit when billed with the following HCPCS codes:

 

HCPCS

Code                  Description

 

X7724               Mifepristone (RU-486)

X7726               Misoprostol

Z0336                Medical abortion

 

 

Mifepristone (RU-486)                 The Food and Drug Administration (FDA) mandates that mifepristone

Requirements                                (RU-486) will be supplied only to licensed physicians who sign and

return a Prescriber’s Agreement to Danco Laboratories, LLC, documenting the following:

 

·    Ability to determine the duration of the gestation and detect

                                                              ectopic (tubal) pregnancy

 

·    Ability to provide or arrange immediate, appropriate intervention

                                                              in cases of medical and/or surgical complications, ectopic

                                                              (tubal) pregnancy, incomplete abortion, infection or severe

                                                              bleeding

 

·    Commitment to FDA-required recipient education and follow-up

inclusive of postabortion ultrasonographic studies to ensure

complete evacuation of all products of conception and to

document a negative pregnancy test

 

 

Reimbursement Requirements       Providers will only be reimbursed for mifepristone (X7724) and

                                                    misoprostol (X7726) when administered in a clinic or medical office or when self-administered by a recipient in an outpatient setting after physician consultation.  Mifepristone and misoprostol must be administered by a physician or under the supervision of a physician.  Mifepristone is administered in a single dose and is followed by misoprostol, which is administered in a single dose on the third day. 

 

                                                    Services rendered to a recipient for a medical abortion (Z0336) are performed over a 14- to 18-day period and include all office visits, pelvic ultrasounds, laboratory studies, urine pregnancy tests and recipient education.  Therefore, providers must bill for code Z0336 using the “from-through” method.  Duplicate claims submitted for any

                                                    of these services rendered individually during the global billing period for a medical abortion will be denied.

 

                                                    Note: Providers must maintain documentation of patient informed consent for all procedures and documentation of all recipient education.


                                                    Providers must document the gestational age of the fetus, based on

                                                    ultrasound measurements, in the Remarks area/Reserved For

                                                    Local Use field (Box 19) of the claim when billing for medical abortion (Z0336).  Claims for medical abortions performed after the 63rd day following the first day of the patient’s last menstrual period will be denied.  Reimbursement of code Z0336 is restricted to once in five

                                                    weeks.

 

 

Alternative Protocols                    Medically accepted and documented alternative protocols for medical abortion may be substituted.  Alternative protocols may include, but are not limited to, at-home recipient self-administration of misoprostol (code X7726) in lieu of the second office visit for physician administration of misoprostol.  Self-administration of misoprostol may occur only after the physician consultation and appropriate informed consent of the physician or other person lawfully authorized to administer the initial dosage of mifepristone (X7724).

 

                                                    Alternative protocols must include the following:

 

·        A first-day visit to establish the presence of an intrauterine pregnancy

 

·        A postabortion follow-up visit within 14 to 16 days after the administration of misoprostol, regardless if that administration was at home or not.  The purpose of this final visit is to ensure complete evacuation of the uterine contents.

 

                                                    Laboratory and ultrasonographic studies will be performed on each of

                                                    these two visits as required by the above-referenced protocol.