CA Legislature Approves Sen. Skinner’s SB 345, Strengthening Protections for Medication Abortion, Contraception and Gender-Affirming Care

The California Legislature has 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 seeking refuge from prosecution or imprisonment by another state that has criminalized abortion or gender-affirming care.

SB 345 now goes to Governor Gavin Newsom’s desk.

“As medication abortion and gender-affirming drugs and surgery continue to be criminalized across the country, California is fighting back. With SB 345, California doctors, midwives and others can provide the essential health care their patients need, regardless of the patient’s geographic location, confident that California will protect them from malicious prosecution by other states,” said Sen. Skinner, D-Berkeley.

The state Assembly approved SB 345 on Sept. 6 on a 62-15 vote. The state Senate voted 31-8 on Sept. 7 to greenlight the bill. Gov. Newsom has 30 days to consider SB 345.

If signed into law, SB 345 would:

• Provide protections for health care practioners that provide or dispense medication abortion, contraception, or gender-affirming care to out-of-state patients;
• Allow 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;
• Bar 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.

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.

“The passage of SB 345 is a victory for Californians and for all people who seek access to abortion or gender-affirming care, regardless of where they call home,” said NARAL Pro-Choice California Director Shannon Olivieri Hovis. “We are proud to collaborate on this bill with one of our strongest champions in the Legislature, Senator Nancy Skinner, whose commitment to reproductive freedom yields results time and again. We look forward to the governor’s swift signature on this much-needed legislation.”

“Across the country, we are witnessing growing attacks on reproductive freedom and bodily autonomy, including efforts to criminalize people for accessing essential health care. California has a duty and an obligation to stand up to these hateful attacks and protect those seeking access to abortion and gender-affirming care,” said Equality California Executive Director Tony Hoang. “SB 345 will build on California’s landmark protections for medical providers who offer these services and strengthen the state’s ‘safe haven’ laws for people who come to the Golden State seeking essential healthcare. We are grateful to Senator Skinner for leading this fight and urge Governor Newsom to sign the bill into law.”

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.

“Since Roe was overturned last year, California has significantly strengthened and expanded access to reproductive care and abortion services. But as the assault on abortion and gender-affirming care accelerates, it’s clear we can’t back down,” 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.