CHAPTER 2. Maternal Health [123375. - 123643.]
Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8.
§§ 123375–123643 · 74 sections
ARTICLE 1. Determination of Pregnancy §§ 123375–123418 · 4 sections
- § 123375 (a) Except as otherwise provided in subdivision (b), no person shall sell, offer for sale, give away, distribute, or otherwise furnish materials intended to…
- § 123380 Local public health agencies shall make pregnancy testing services available free or at cost to the person using the services. The results of any pregnancy…
- § 123385 It is the intent of the Legislature that the program authorized pursuant to this article be entirely self-supporting, and for this purpose the state department…
- § 123418 Subject to all other provisions of this article, all residency programs in obstetrics and gynecology shall comply with the program requirements for residency…
ARTICLE 2. Abortion §§ 123420–123445 · 6 sections
- § 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…
- § 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…
- § 123430 (a) (1) To ensure people have accurate and comprehensive information when accessing abortion services in California, on or before July 1, 2023, the California…
- § 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…
- § 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…
- § 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…
ARTICLE 2.3. Abortion Practical Support Fund §§ 123451–123453 · 4 sections
- § 123451 (a) As used in this article, the following definitions apply: (1) “Abortion” has the same meaning as defined in Section 123464. (2) “Department” means the…
- § 123452 (a) The department, or its contracted vendor, shall use moneys in the fund to administer grants to nonprofit organizations in California that are exempt from…
- § 123452.5 The department shall conduct an evaluation of the grant program implemented pursuant to Section 123452 and shall report its findings to the Legislature no…
- § 123453 This article shall be construed to effectuate its legislative intent to support access to abortion in California and build upon its commitment to be a…
ARTICLE 2.5. Reproductive Privacy Act §§ 123460–123469 · 9 sections
- § 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, which…
- § 123464 The following definitions shall apply for purposes of this chapter: (a) “Abortion” means any medical treatment intended to induce the termination of a…
- § 123466 (a) The state shall not deny or interfere with a woman’s or pregnant person’s right to choose or obtain an abortion prior to viability of the fetus, or when…
- § 123467 (a) Notwithstanding any other law, a person shall not be subject to civil or criminal liability or penalty, or otherwise deprived of their rights under this…
- § 123467.5 (a) A law of another state that authorizes a person to bring a civil action against a person or entity that does any of the following is contrary to the public…
- § 123468 The performance of an abortion is unauthorized if performed by someone other than the pregnant person and if either of the following is true: (a) The person…
- § 123468.5 (a) (1) California law governs in any action in this state, whether civil, administrative, or criminal, against any person who provides, receives, aids or…
- § 123469 (a) A party whose reproductive rights are protected by this article and whose reproductive rights are interfered with by conduct or by a statute, ordinance, or…
ARTICLE 2.7. Reproductive FACT Act §§ 123470–123473 · 4 sections
- § 123470 This article shall be known and may be cited as the Reproductive FACT (Freedom, Accountability, Comprehensive Care, and Transparency) Act or Reproductive FACT…
- § 123471 (a) For purposes of this article, and except as provided in subdivision (c), “licensed covered facility” means a facility licensed under Section 1204 or an…
- § 123472 (a) A licensed covered facility shall disseminate to clients on site the following notice in English and in the primary threshold languages for Medi-Cal…
- § 123473 (a) Covered facilities that fail to comply with the requirements of this article are liable for a civil penalty of five hundred dollars ($500) for a first…
ARTICLE 3. Community-Based Perinatal System §§ 123475–123525 · 15 sections
- § 123475 The Legislature finds that a community-based system of comprehensive perinatal care, including prenatal care, delivery service, postpartum care, and neonatal…
- § 123480 It is the intent of the Legislature in enacting this article to maintain, to the extent resources are available, a permanent statewide community-based…
- § 123485 The following definitions shall govern the construction of this article: (a) “Community-based comprehensive perinatal care” means a range of prenatal,…
- § 123490 (a) The department shall develop and maintain a statewide comprehensive community-based perinatal services program and enter into contracts, grants, or…
- § 123491 (a) There is hereby established a voluntary nurse home visiting grant program for expectant first-time mothers, their children, and their families, to be…
- § 123492 The department shall develop a grant application and award grants on a competitive basis to counties for the startup, continuation, and expansion of the…
- § 123493 (a) The department may accept voluntary contributions, in cash or in-kind, to pay for the costs in the implementation of the program under Section 123492.…
- § 123495 (a) The department shall seek any federal waiver or waivers that may be necessary to maximize funds from the federal government including, but not limited to,…
- § 123500 The department shall monitor the delivery of services under contracts, grants, and agreements provided for in this article through a uniform health data…
- § 123505 The goals of the community-based comprehensive perinatal health care system shall be: (a) To decrease and maintain the decreased level of perinatal, maternal,…
- § 123510 The program objectives of the community-based comprehensive perinatal health care system shall be the following: (a) To ensure continuing availability and…
- § 123515 In processing and awarding contracts, grants, or agreements pursuant to this article, the department shall evaluate the ability of applicants to meet, to the…
- § 123516 (a) The department, in consultation with the program administrators, may contract with one or more qualified organizations to assist the department in ensuring…
- § 123520 (a) In developing a comprehensive system, health care providers funded under this article may perform the following activities to ensure that a full range of…
- § 123525 The provisions contained in this article shall be subject to the normal Budget Act process and shall be operative to the extent funds are appropriated for this…
ARTICLE 4. Perinatal Health Care §§ 123550–123610 · 10 sections
- § 123550 The Legislature finds and declares that prenatal care, delivery service, postpartum care and neonatal and infant care are essential services necessary to…
- § 123555 The department shall develop and implement a uniform sliding fee schedule, based on family size and income, for women provided perinatal care through the…
- § 123560 Unless the context otherwise requires, the definitions in this section govern the construction of this article: (a) “Perinatal health system” means all of the…
- § 123565 The department shall maintain a program that addresses the special needs of high-risk pregnant women and infants. The program shall include the following: (a)…
- § 123570 (a) In assisting in the development of the regionalized perinatal health systems, the department shall consult with the office, the State Department of…
- § 123575 It is the intent of the Legislature that the program created by Sections 123550 to 123570, inclusive, be funded through the normal budgetary process beginning…
- § 123576 (a) Subject to an appropriation of funds by the Legislature in the annual Budget Act or another statute for this purpose, the State Department of Public…
- § 123600 By July 1, 1991, the Health and Welfare Agency shall develop and disseminate a model needs assessment protocol for pregnant and postpartum substance abusing…
- § 123605 (a) Each county shall establish protocols between county health departments, county welfare departments, and all public and private hospitals in the county,…
- § 123610 It is the intent of the Legislature that funding for Sections 123600 and 123605 be provided in the annual Budget Act.
ARTICLE 4.2. Maternal Mental Health §§ 123615–123617 · 5 sections
- § 123615 This article shall be known, and may be cited, as the Maternal Mental Health Conditions Education, Early Diagnosis, and Treatment Act.
- § 123615.5 The Legislature hereby finds and declares all of the following: (a) Maternal depression is a common complication of pregnancy. Maternal mental health disorders…
- § 123616 For the purposes of this article, the following terms have the following meanings: (a) “Maternal mental health condition” means a mental health condition that…
- § 123616.5 A general acute care hospital or special hospital, as defined in subdivisions (a) and (f) of Section 1250, that has a perinatal unit, in collaboration with…
- § 123617 The program developed pursuant to this article shall include all of the following: (a) Education and information for postpartum women and families about…
ARTICLE 4.5. Fetal Ultrasound §§ 123620–123622 · 3 sections
- § 123620 A person or facility that offers fetal ultrasound, or a similar procedure, for keepsake or entertainment purposes, shall disclose to a client prior to…
- § 123621 (a) An ultrasound, or a similar medical imaging device or procedure used for a medical, counseling, or diagnostic service or purpose, shall only be offered in…
- § 123622 (a) Any person or entity that fails to comply with the requirements of Section 123621 is liable for a civil penalty of two thousand five hundred dollars…
ARTICLE 4.6. California Dignity in Pregnancy and Childbirth Act §§ 123630–123630.7 · 8 sections
- § 123630 This article shall be known, and may be cited, as the California Dignity in Pregnancy and Childbirth Act.
- § 123630.1 The Legislature hereby finds and declares all of the following: (a) Every person should be entitled to dignity and respect during and after pregnancy and…
- § 123630.2 For the purposes of this article, the following terms have the following meanings: (a) “Pregnancy-related death” is the death of a person while pregnant or…
- § 123630.3 (a) A hospital as defined in subdivision (a) or (f) of Section 1250 that provides perinatal care, and an alternative birth center or primary care clinic…
- § 123630.4 (a) The State Department of Public Health shall track data on severe maternal morbidity, including, but not limited to, all of the following health conditions:…
- § 123630.5 (a) A hospital, as defined in subdivision (a) of Section 1250, shall implement an evidence-based implicit bias program, as described in subdivision (b) of…
- § 123630.6 The Attorney General may publish a report outlining compliance data related to this article on a biennial basis. The report may be posted on the Attorney…
- § 123630.7 If any provision of the California Dignity in Pregnancy and Childbirth Act, or the application of any such provision to any person or circumstances, shall be…
ARTICLE 4.7. California Pregnancy-Associated Review Committee §§ 123635–123637 · 3 sections
- § 123635 For the purposes of this section, the following terms apply: (a) “Maternal mortality” or “maternal death” means the death of a person during pregnancy or…
- § 123636 (a) The California Pregnancy-Associated Review Committee is hereby established under the State Department of Public Health to continuously engage in the…
- § 123637 This article is operative on August 1, 2022.
ARTICLE 6. Maternal Mental Health § 123640 · 1 section
- § 123640 (a) A licensed health care practitioner who provides prenatal, postpartum, or interpregnancy care for a patient shall ensure that the mother is offered…
ARTICLE 7. Los Angeles County Abortion Access Safe Haven Pilot Program § 123641 · 1 section
- § 123641 (a) (1) Of the amounts appropriated in Schedule (3) of Item 4260-101-0001 of the Budget Act of 2022 for this purpose, twenty million dollars ($20,000,000) is…
ARTICLE 8. San Diego County Pelvic Floor and Core Conditioning Pilot Program § 123643 · 1 section
- § 123643 (a) (1) Commencing January 1, 2026, until January 1, 2029, San Diego County may establish a pilot program for pelvic floor and core conditioning group classes.…