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Board supports bill strengthening privacy protections for gender-affirming and mental health care
Summary
The Board voted to support SB 497, which expands statutory protections against out-of-state subpoenas and data disclosure for individuals (including adults) seeking gender-affirming health care and mental health care in California.
The Board of Behavioral Sciences voted to support Senate Bill 497 (Weiner), a measure that staff said would extend privacy and legal protections for people seeking gender-affirming health care or gender-affirming mental health care in California, and for the providers who deliver those services.
Roseanne explained that current law already limits disclosure in response to out-of-state subpoenas related to allowing a child to receive gender-affirming care; SB 497 would broaden protections to apply to persons seeking or obtaining gender-affirming care (not limited to minors) and would restrict California entities from complying with out-of-state demands that seek medical information to enforce hostile laws elsewhere. The bill would not prohibit compliance with investigations or activities that are crimes under California law, staff noted.
Sponsor and stakeholder representatives urged support. Shanti Ejren of CAMFT said CAMFT supports SB 497 as a step to safeguard patient privacy and safety. Public commenter Ben Caldwell, MFT, also supported the bill and asked for clarification about how SB 497 differs from earlier bills; staff said SB 497 builds on 2022 protections and extends them beyond minors to all people receiving gender-affirming care.
The board voted to support SB 497.
