(a) Notwithstanding subdivision (b) of Section 56.10, a provider of health care, health care service plan, or contractor shall not release medical information related to a person or entity allowing a child to receive gender-affirming health care or gender-affirming mental health care in response to any civil action, including a foreign subpoena, based on another state’s law that authorizes a person to bring a civil action against a person or entity that allows a child to receive gender-affirming health care or gender-affirming mental health care.

(b) Notwithstanding subdivision (c) of Section 56.10, a provider of health care, health care service plan, or contractor shall not release medical information to persons or entities who have requested that information and who are authorized by law to receive that information pursuant to subdivision (c) of Section 56.10, if the information is related to a person or entity allowing a child to receive gender-affirming health care or gender-affirming mental health care, and the information is being requested pursuant to another state’s law that authorizes a person to bring a civil action against a person or entity who allows a child to receive gender-affirming health care or gender-affirming mental health care.

Terms Used In California Civil Code 56.109

  • Subpoena: A command to a witness to appear and give testimony.

(c) For the purposes of this section, “person” means an individual or governmental subdivision, agency, or instrumentality.

(d) For the purpose of this section, “gender-affirming health care” and “gender-affirming mental health care” shall have the same meaning as provided in § 16010.2 of the Welfare and Institutions Code.

(Added by Stats. 2022, Ch. 810, Sec. 1. (SB 107) Effective January 1, 2023.)