CA Senate Approves Sen. Skinner’s SB 345, Strengthening and Protecting Access to Abortion, Contraception and Gender-Affirming Care

The state Senate today approved Sen. Nancy Skinner’s SB 345, which would provide legal protections for California health care practitioners that provide or dispense medication or other services for abortion, contraception or gender-affirming care, regardless of their patient’s geographic location.

SB 345 would also strengthen the state’s “Safe Haven” laws by adding protections for people who come to California seeking refuge from prosecution or imprisonment by other states that have criminalized abortion or gender-affirming care.

“As states increasingly enact draconian laws that criminalize reproductive health and gender-affirming care, California is fighting back,” said Sen. Skinner, D-Berkeley. “With SB 345, California will strengthen its standing as the safe haven and national beacon for protecting every individual’s right to an abortion or gender-affirming care. California health care practioners will be able to provide this essential health care, regardless of their patient’s geographic location, and there will be new protections for those in California who face persecution from another state.”

The state Senate approved SB 345 today on a 32-8 vote. The bill now goes to the state Assembly.

Sen. Skinner recently combined SB 345 with her bill SB 36. So now, SB 345:

• Provides protections for health care practioners that provide or dispense medication abortion, contraception, or gender-affirming care to out-of-state patients;
• Allows California providers or patients to bring suit in California against anyone who would interfere with their right to obtain, provide or dispense health care that is legally protected in California;
• Bars bounty hunters and bail agents from apprehending people in California who face criminal prosecution or imprisonment by another state related to that state’s criminalization of abortion or gender-affirming care.

Under SB 345, someone who has traveled to or has moved temporarily or permanently to another state that has criminalized abortion or gender-affirming care would be able to contact a California health care provider and be prescribed medication for abortion, contraception, or gender-affirming care. Similarly, a California-based pharmacy would be able to ship the medication to another state, and both the health care provider and the pharmacy would receive protections, as long as they are in California, from criminal and civil actions initiated in another state.

In addition, it would be illegal for bounty hunters or bail agents to apprehend people in California who face criminal prosecution or imprisonment by another state for providing, receiving, or supporting an abortion or gender-affirming care. Bounty hunters and bail agents who violate the new statute would be guilty of a misdemeanor and face up to a year in jail and forfeiture of their license to operate in California.

SB 345 is supported by a large coalition of health care rights organizations and licensing boards in California, including the Medical Board of California, the Board of Registered Nursing, and the Physician Assistant Board, and is sponsored by Black Women for Wellness Action Project, NARAL Pro-Choice California, ACCESS Reproductive Justice, California Nurse-Midwives Association, Equality California, TEACH (Training in Early Abortion For Comprehensive Health Care), Equality California, and VALOR US/VALOR CA.

“Since Roe was overturned, California has significantly strengthened and expanded access to reproductive care and abortion services. But as the assault on abortion accelerates, there is more work to do,” Sen. Skinner added. “SB 345 will provide safeguards to our health care providers who are extending a lifeline to patients, and it will further protect people who have fled from states with cruel and oppressive laws.”

Sen. Nancy Skinner represents the 9th Senate District and is chair of the Senate Budget Committee and the California Legislative Women’s Caucus.

Photo by Jeff Walters, Senate photographer