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CA SB 1428

Title: Reproductive health: mifepristone and other medication.
Author: Toni G. Atkins

Summary
SB 1428, as amended, Atkins. Reproductive health: mifepristone and other medication. Under the California Constitution, the state is prohibited from denying or interfering with an individual’s reproductive freedom in their most intimate decisions, including their fundamental right to choose to have an abortion. Existing law, the Reproductive Privacy Act, prohibits the state from denying or interfering with a pregnant person’s right to choose or obtain an abortion prior to viability of the fetus, or when the abortion is necessary to protect the life or health of the pregnant person.Under the act, a person is not subject to liability or penalty based on their actions or omissions with respect to their pregnancy or pregnancy outcome. Under the act, a person who aids or assists a pregnant person in exercising their rights under the act is not subject to liability or penalty based solely on their aid- or assistance-related actions, as specified.Under the bill, a person, in exercising their individual rights under the above-described constitutional provision and the Reproductive Privacy Act, would not be subject to civil or criminal liability or penalty, or otherwise deprived of their rights, for using, receiving, possessing, or storing brand or generic mifepristone or any drug used for medication abortion. Under the bill, a person who aids or assists a pregnant person in exercising their rights under those provisions would not be subject to liability or penalty or deprivation of rights based solely on their actions to aid or assist a pregnant person in accessing any of those drugs. The bill would declare those actions as being lawful under the laws of California.Existing law, the California Affordable Drug Manufacturing Act of 2020, requires the California Health and Human Services Agency (CHHSA) or its departments to enter into partnerships to, among other things, address shortages in the market for generic prescription drugs and increase patient access to affordable drugs. The act also requires CHHSA to enter into partnerships resulting in the production, procurement, or distribution of generic prescription drugs.Mifepristone, a drug used for medication abortion, received approval by the United States Food and Drug Administration (FDA) in 2000. Under pending litigation in federal courts, the matter of maintaining or restricting access to mifepristone is being reviewed, including with regard to the FDA approval status of mifepristone and the authorized timeframe and methodologies for accessing the drug.This bill would state the intent of the Legislature to protect reproductive health access. The bill would authorize CHHSA or its departments to enter into partnerships resulting in the production, procurement, or distribution of mifepristone.In the event of a change in the approval status of mifepristone by the FDA, or a change in conditions for use or in the accessibility of mifepristone, the bill would authorize CHHSA or its departments to develop a process to allow continued access to mifepristone, such as clinical trials or approval for use through the State Department of Public Health.

Status
June 25 set for first hearing canceled at the request of author.

Bill Documents
CA SB 1428 - 06/17/24 - Amended Assembly
06/17/24 - CA SB 1428 (06/17/24 - Amended Assembly)


CA SB 1428 - 06/10/24 - Amended Assembly
06/10/24 - CA SB 1428 (06/10/24 - Amended Assembly)

CA SB 1428 - 03/18/24 - Amended Senate
03/18/24 - CA SB 1428 (03/18/24 - Amended Senate)

CA SB 1428 - 02/16/24 - Introduced
02/16/24 - CA SB 1428 (02/16/24 - Introduced)

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Author Details


  • Toni Atkins - D
    Senator - State Senate - CA

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    Capital Address:
    1021 O Street, Suite 8518
    Sacramento, CA 95814-4900
    9166514039

    District Address:
    7575 Metropolitan Dr Ste 100
    San Diego, CA 92108 4421
    Phone: 6196886700
    Fax: 6196453144