Earlier editions: 2020-112018-112026-09
DIVISION 1. PERSONS 38-86›PART 2.6. CONFIDENTIALITY OF MEDICAL INFORMATION 56-56.37›CHAPTER 2. Disclosure of Medical Information by Providers 56.10-56.16
§ 56.108
California Civil Code · 2026-10 edition · updated 2026-10-04 · California
(a) Notwithstanding subdivisions (b) and (c) of Section 56.10 or subdivision (c) of Section 56.20, a provider of health care, health care service plan, contractor, or employer shall not release medical information related to an individual seeking or obtaining an abortion in response to a subpoena or request if that subpoena or request is based on either another state’s laws that interfere with a person’s rights under the Reproductive Privacy Act (Article 2.5 (commencing with Section 123460) of Chapter 2 of Part 2 of Division 106 of the Health and Safety Code) or a foreign penal civil action, as defined in Section 2029.200 of the Code of Civil Procedure.
(b) A provider of health care, health care service plan, contractor, or employer shall not release medical information that would identify an individual or that is related to an individual seeking or obtaining an abortion to law enforcement for either of the following purposes, unless that release is pursuant to a subpoena not otherwise prohibited by subdivision (a):
(1) Enforcement of another state’s law that would interfere with a person’s rights under the Reproductive Privacy Act (Article 2.5 (commencing with Section 123460) of Chapter 2 of Part 2 of Division 106 of the Health and Safety Code).
(2) Enforcement of a foreign penal civil action, as defined in Section 2029.200 of the Code of Civil Procedure.
(c) Notwithstanding subdivisions (b) and (c) of Section 56.10 or subdivision (c) of Section 56.20, a provider of health care, health care service plan, contractor, or employer shall not cooperate with any inquiry or investigation by, or provide medical information to, any individual, agency, or department from another state or, to the extent permitted by federal law, to a federal law enforcement agency that would identify an individual and that is related to an individual seeking or obtaining an abortion or abortion-related services that are lawful under the laws of this state, unless the request for medical information is authorized under Section 56.110.
(d) This section does not prohibit compliance with the investigation of activity that is punishable as a crime under the laws of this state.
(Amended by Stats. 2023, Ch. 255, Sec. 2. (AB 352) Effective January 1, 2024.)
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