Legally protected health care activity.

Senator Wiener's healthcare privacy legislation prohibits California healthcare providers and state agencies from releasing medical information about gender-affirming care in response to out-of-state investigations or legal proceedings. The bill creates new protections for both patients seeking such care and the medical professionals who provide it.

The legislation bars healthcare providers, insurers, and contractors from disclosing records related to gender-affirming care when faced with subpoenas or information requests based on other states' laws restricting these services. It also prevents state and local agencies from sharing data from California's prescription drug monitoring database (CURES) to assist interstate investigations targeting protected healthcare activities.

For medical privacy safeguards to function effectively, the bill establishes clear boundaries around subpoena powers. Courts and attorneys may not issue subpoenas stemming from other states' laws that conflict with California's protections for gender-affirming care. The legislation similarly restricts subpoenas seeking records about other sensitive medical services when based on foreign laws authorizing criminal charges against providers or recipients.

The measure includes enforcement provisions making unauthorized access or disclosure of CURES prescription data a misdemeanor offense. It takes effect immediately upon enactment through an urgency clause, with authors citing ongoing legal efforts in other states to restrict access to gender-affirming care.