Legally protected health care activity.

Senator Wiener's legislation restricts the disclosure of medical information related to gender-affirming care and strengthens California's prescription drug monitoring system through amendments to multiple state codes. The bill prohibits healthcare providers, insurers, and contractors from releasing records in response to out-of-state subpoenas targeting gender-affirming care or sensitive health services.

The legislation modifies California's Controlled Substance Utilization Review and Evaluation System (CURES) by limiting data sharing with external law enforcement agencies. State and local officials may not provide CURES data to assist interstate investigations concerning legally protected healthcare activities. The Department of Justice must obtain a warrant, subpoena, or court order before sharing data with out-of-state law enforcement. Unauthorized access to or disclosure of CURES data becomes a misdemeanor offense.

New subpoena restrictions prevent California courts and attorneys from compelling the release of medical information based on other states' laws that restrict access to gender-affirming care. The bill extends these protections to cover both civil and criminal proceedings. Healthcare providers must maintain patient confidentiality even when served with foreign subpoenas related to gender-affirming services or other sensitive medical care.

The measure allows the Department of Justice to establish interstate data sharing agreements for prescription monitoring, provided such arrangements meet California's privacy and security standards. Annual reporting requirements track CURES funding sources and expenditures. The bill specifies that local agencies will not receive state reimbursement for costs associated with implementing these changes.