BILL NUMBER: SB 1301	CHAPTERED
	BILL TEXT

	CHAPTER  385
	FILED WITH SECRETARY OF STATE  SEPTEMBER 6, 2002
	APPROVED BY GOVERNOR  SEPTEMBER 5, 2002
	PASSED THE ASSEMBLY  AUGUST 19, 2002
	PASSED THE SENATE  MAY 16, 2002
	AMENDED IN SENATE  APRIL 8, 2002

INTRODUCED BY   Senator Kuehl
   (Principal coauthor:  Senator Burton)
   (Principal coauthors:  Assembly Members Jackson and Wesson)
   (Coauthors:  Senators Alpert, Chesbro, Escutia, Figueroa,
Karnette, Ortiz, Perata, Romero, Speier, and Torlakson)
   (Coauthors:  Assembly Members Alquist, Aroner, Canciamilla,
Cedillo, Chan, Chu, Cohn, Corbett, Diaz, Firebaugh, Frommer,
Goldberg, Keeley, Kehoe, Koretz, Liu, Longville, Lowenthal, Matthews,
Nakano, Nation, Negrete McLeod, Oropeza, Pavley, Richman, Salinas,
Shelley, Simitian, Steinberg, Strom-Martin, Vargas, Wayne, and
Wiggins)

                        JANUARY 18, 2002

   An act to amend Section 2253 of the Business and Professions Code,
to add Article 2.5 (commencing with Section 123460) to Chapter 2 of
Part 2 of Division 106 of, and to repeal Sections 123400, 123405,
123407, 123410, 123415, and 123430 of, the Health and Safety Code,
relating to reproductive privacy.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1301, Kuehl.  Reproductive Privacy Act.
   (1) Existing statutory law, the Therapeutic Abortion Act, contains
various provisions regarding abortion, including a requirement that
an abortion may only be performed by the holder of a physician's and
surgeon's certificate, under specified conditions.  The act also
includes requirements that prior approval be obtained for each
abortion by a committee of medical staff, with specified membership,
who must determine either that continuation of the pregnancy would
impair the physical or mental health of the mother, or that the
pregnancy resulted from rape or incest.  Existing law defines "mental
health" for these purposes.
   Certain provisions of the act, including, but not limited to, the
above requirements relating to medical committee approval for
abortions, and the statutory definition of mental health, have been
held unconstitutional by the courts.
   This bill would delete the above provisions of the Therapeutic
Abortion Act, among others, including the name of the act.  The bill
would enact the Reproductive Privacy Act, which would provide that
every individual possesses a fundamental right of privacy with
respect to reproductive decisions, including (A) the fundamental
right to choose or refuse birth control, and (B) the fundamental
right to choose to bear a child or obtain an abortion.
   This bill would provide that the state shall not deny or interfere
with a woman's fundamental right to choose to bear a child or obtain
an abortion prior to viability of the fetus, as defined, or when
necessary to protect her life or health.  The bill would specify the
circumstances under which the performance of an abortion is deemed
unauthorized.
   (2) Under existing law, the procuring or aiding, abetting,
attempting, agreeing, or offering to procure an unauthorized abortion
constitutes unprofessional conduct of a licensee under the Medical
Practice Act, absent compliance with the Therapeutic Abortion Act.
   This bill would instead deem it unprofessional conduct to fail to
comply with the Reproductive Privacy Act in connection with the above
activities.
   (3) Under existing law, a person is criminally liable, and subject
to possible imprisonment, if he or she performs or assists in
performing a surgical abortion if he or she does not have a valid,
unrevoked, and unsuspended license to practice as a physician and
surgeon, or other certificate that authorizes him or her to perform
or assist in performing a surgical abortion.
   This bill would instead provide that a person is criminally
liable, and subject to possible imprisonment, if he or she performs
or assists in performing a surgical abortion if he or she does not
have a valid, unrevoked, and unsuspended license to practice as a
physician and surgeon, or if he or she assists in performing a
surgical abortion without 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.  This bill would also
create a state-mandated local program by extending criminal liability
to a person who performs or assists in performing a nonsurgical
abortion without the appropriate licensing or certification.
  (4) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 2253 of the Business and Professions Code is
amended to read:
   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.

  SEC. 2.  Section 123400 of the Health and Safety Code is repealed.

  SEC. 3.  Section 123405 of the Health and Safety Code is repealed.

  SEC. 4.  Section 123407 of the Health and Safety Code is repealed.

  SEC. 5.  Section 123410 of the Health and Safety Code is repealed.

  SEC. 6.  Section 123415 of the Health and Safety Code is repealed.

  SEC. 7.  Section 123430 of the Health and Safety Code is repealed.

  SEC. 8.  Article 2.5 (commencing with Section 123460) is added to
Chapter 2 of Part 2 of Division 106 of the Health and Safety Code, to
read:

      Article 2.5.  Reproductive Privacy Act

   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's 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.
  SEC. 9.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.