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Committee advances bill to restrict out-of-state access to gender-affirming care records and guard providers
Summary
The Assembly committee advanced SB 497, a bill intended to restrict out-of-state and federal access to California prescription and medical data relating to gender-affirming care, by requiring warrant standards and prohibiting some voluntary disclosures.
The Assembly Public Safety Committee voted to pass SB 497 to Appropriations after testimony emphasizing a rise in out-of-state efforts and federal actions seeking medical records and prescription data related to gender-affirming care.
Sen. Wiener, the bill's co-sponsor, told the committee the measure would strengthen California's prior shield law (SB 107) by requiring a warrant for out-of-state law-enforcement requests through the Controlled Substance Utilization Review and Evaluation System (CURES) and by prohibiting medical providers and plans from complying with out-of-state subpoenas targeting care lawful in California.
Supporters, including Equality California and trans-family-support organizations, said federal and out-of-state subpoenas, plus administrative attempts to share patient information, have created fear among providers and patients and jeopardized access to care. Equality California cited recent DOJ subpoenas and said providers are terrified they could be criminally prosecuted for providing care that is lawful in California.
Opposition testimony included emotional testimony from a committee witness who identified as a detransitioner and others who said the bill would shield providers from accountability and might conflict with interstate legal obligations. The bill's author and supporters said the legislation is intended to limit cross‑jurisdictional surveillance and protect patients and clinicians while allowing court-ordered disclosures when compelled by a valid warrant or judicial process.
Committee action: The chair recommended and the committee voted to pass SB 497 to the Appropriations Committee; the clerk recorded the measure "on call." Advocates asked the Legislature to act quickly in light of federal activity.
Ending: Backers said SB 497 will help preserve clinical access and patient confidentiality for gender-affirming care in California; opponents said the measure could impede investigations from other jurisdictions and asked that constitutional and interstate legal concerns be considered.
