AB 1129 California Assembly · 2025-2026 Regular Session

Birth conditions monitoring.

Summary
Existing law states that it is the intent of the Legislature to maintain an ongoing program of birth defects monitoring statewide, and requires the State Public Health Officer to maintain a system for the collection of information related to birth defects, as specified. Existing law requires the officer to require general acute care hospitals and physician-owned or physician-operated clinics that regularly provide services for the diagnosis or treatment of birth defects, genetic counseling, or prenatal diagnostic services to make available to the department the medical records of children suspected or diagnosed as having birth defects, as specified. Existing law authorizes the department to enter into a contract for the establishment and implementation of the birth defects monitoring program. This bill would state that it is additionally the intent of the Legislature to authorize local health jurisdictions to initiate and maintain programs to monitor birth conditions, as defined, that are present during the 12-month period after an individual's birth in their local health jurisdictions. The bill would authorize a local health officer to maintain a system for the collection of specified information within their local health jurisdiction related to birth conditions. The bill would authorize a local health officer to issue a written order to providers and laboratories, as specified, in addition to the facilities listed above, within their local health jurisdiction to either make available or to report to the local health department information related to birth conditions, as specified. Existing law limits access to confidential information related to birth defects to authorized program staff and persons with a valid scientific interest, as specified, and prohibits that information from being admissible, disclosed, discoverable, or compelled to be produced in any civil, criminal, administrative, or other proceeding, as specified. Existing law provides that, except as otherwise provided by statute, all relevant evidence is admissible. The California Constitution provides for the Right to Truth-In-Evidence, which requires a 23 vote of the Legislature to exclude any relevant evidence from any criminal proceeding, as specified. This bill would expand the scope of the confidentiality provisions described above to include additional conditions, thereby prohibiting the use of additional information in criminal proceedings. Because that prohibition would affect the admissibility of relevant evidence in criminal proceedings, the bill would require a 23 vote of the Legislature.
Bill status passed both 4 of 5 stages cleared
Introduction
Feb 2025
Committee Review
Jul 2025
Assembly Passage
Jun 2025
Senate Passage
Aug 2026
Governor
Introduced Feb 20, 2025 Last action Aug 30, 2026
Maddy AI version diff · 6 comparisons

What changed between versions

07/17/25 - Amended Senate 08/21/26 - Amended Senate · 7 edits · Aug 21, 2026
MODERATE
AB 1129 was substantially restructured to move all local birth condition monitoring provisions into a new standalone Article 1.5 (Sections 101071-101071.6) in Division 101 of the Health and Safety Code, rather than amending existing state-level sections. The local monitoring scope was narrowed from 'birth defects and conditions' to just 'birth conditions,' with a tighter definition that removes the federal NBDPN conditions list as a qualifying criterion. A new provision explicitly shields the state from liability for local birth condition monitoring activities.
Scope change
The bill's local-level scope was narrowed from monitoring both 'birth defects and conditions' (with a broad definition tied to federal NBDPN lists) to monitoring only 'birth conditions' with a narrower definition limited to CCS/HRIF-eligible conditions and county-declared emergencies. The structural move to a new standalone article also signals a clearer separation between state and local program authority.
SCOPE

A new Article 1.5 (Sections 101071 through 101071.6) was created in Chapter 2 of Part 3 of Division 101 of the Health and Safety Code, housing all local birth condition monitoring authority in a self-contained article rather than spreading it across amendments to existing state-level sections.

Local health officers' monitoring authority was narrowed from 'birth defects and conditions' to just 'birth conditions.' The term 'birth defect' is no longer part of the local monitoring framework in the new article, separating it from the state-level program.

A new state liability shield was added (Section 101071.2(f)) stating that 'the state is not responsible for any aspect of birth condition monitoring and reporting conducted at the local level consistent with this article.'

The previously proposed Section 103827 (definitions) and Section 103832 (local collection system) are no longer being added to the existing chapter. Their functions are now served by Sections 101071.1 and 101071.2 within the new Article 1.5.

DEFINITION

The definition of 'condition' for local monitoring was narrowed. The old version included three qualifying criteria: the federal NBDPN Core/Recommended/Extended Conditions list, California Children's Services or HRIF program eligibility, and local public health emergencies. The new version removes the NBDPN list reference, leaving only CCS/HRIF eligibility and county-declared local emergencies.

ENFORCEMENT

The mechanism for compelling reporting institutions changed from a general authority to 'require' compliance to requiring the local health officer to 'issue a written order,' adding a formal documentation step before institutions can be compelled to report or make records available.

REQUIREMENT

The consent requirement for collecting additional data beyond unique demographic, diagnostic, or health data was changed. Previously, patients gave consent 'to the officer' for collection. Now, patients give consent 'to the reporting institution to collect additional data to report to the local health officer,' shifting the consent relationship to the provider.

Floor votes · Senate Aug 30, 2026 · Assembly Jun 5, 2025

How they voted

400
Passed
Total votes 40
Aug 30, 2026
D Democratic30
30 Yea
100% Yea
R Republican10
10 Yea
100% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
28
Key actions
11
Committee
8
Amendments
8
Aug 30, 2026
Lower · Passed
Senate amendments concurred in. To Engrossing and Enrolling.
lower
Aug 30, 2026
Introduced
In Assembly. Concurrence in Senate amendments pending.
lower
Aug 30, 2026
Upper · Passed
Read third time. Passed. Ordered to the Assembly. (Ayes 40. Noes 0.).
upper
Aug 21, 2026
Upper · Passed
Read second time and amended. Ordered returned to second reading.
upper
Jul 17, 2025
Upper · Passed
Read second time and amended. Ordered to consent calendar.
upper
Jul 16, 2025
Introduced
From committee: Amend, and do pass as amended. To Consent Calendar. (Ayes 13. Noes 0.) (July 15).
upper
Jul 10, 2025
Upper · Passed
From committee: Do pass and re-refer to Com. on JUD. with recommendation: To Consent Calendar. (Ayes 11. Noes 0.) (July 9). Re-referred to Com. on JUD.
upper
Jun 30, 2025
Introduced
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on HEALTH.
upper
Jun 18, 2025
Committee
Referred to Coms. on HEALTH and JUD.
upper
Jun 5, 2025
Lower · Passed
Read third time. Passed. Ordered to the Senate. (Ayes 77. Noes 0. Page 2103.)
lower
Jun 2, 2025
Lower · Passed
Read third time and amended. Ordered to third reading. (Page 1952.)
lower
May 21, 2025
Lower · Passed
From committee: Do pass. (Ayes 12. Noes 0.) (May 21).
lower
May 14, 2025
Lower · Passed
In committee: Hearing postponed by committee.
lower
Apr 30, 2025
Lower · Passed
From committee: Do pass and re-refer to Com. on APPR. (Ayes 13. Noes 0.) (April 29). Re-referred to Com. on APPR.
lower
Apr 23, 2025
Committee
Re-referred to Com. on HEALTH.
lower
Apr 22, 2025
Introduced
From committee chair, with author's amendments: Amend, and re-refer to Com. on HEALTH. Read second time and amended.
lower
Mar 10, 2025
Committee
Referred to Com. on HEALTH.
lower
Feb 21, 2025
Lower · Passed
From printer. May be heard in committee March 23.
lower
1 primary · 1 co-sponsor

Sponsors