Abortion or gender-affirming health care services: subpoenas, discovery requests, or other requests for information.

The core mechanism changed from a prohibition on complying with investigations, subpoenas, or summons (unless conditions were met) to a requirement to notify the Attorney General at least 7 business days before producing responsive records. This shifts the bill from an outright ban on compliance to a notification-and-delay framework.

New federal law accommodation: if federal law or another federal obligation (including contracts, grant requirements, or Medicare conditions of participation) requires a shorter response time, the entity must provide notice to the Attorney General no later than contemporaneously with producing records, or make best efforts to deliver on the required date.

New provision allowing the person or entity providing a copy of the subpoena or discovery request to the Attorney General to redact identifying or confidential information related to specific individuals, patients, or providers.

Coverage now extends to 'discovery requests, or other requests for information' in addition to investigations, subpoenas, and summons. 'Legislative investigation' is also added as a covered type of proceeding.

A new exemption from the 7-business-day notice requirement applies if the request is ordered by a court of competent jurisdiction, issued by a California state or local agency, accompanied by an attestation verifying permitted use of the information, or if the requested information is merely incidental to the investigation.

A person or entity subject to the bill is now expressly entitled to rely on the representations made in an attestation provided by the requesting party.

The term 'affidavit under penalty of perjury' is replaced with 'attestation' in several places. The attestation now verifies that the use or disclosure of requested information meets specified requirements rather than simply attesting to the nature of the investigation.

Patient notification responsibility shifted: the old version required the responding entity to make reasonable attempts to notify affected individuals at least 30 days before producing information. The new version authorizes (but does not require) the Attorney General to make reasonable attempts to notify the individual.

Statutory penalties for intentional, knowing, willing, or reckless compliance changed from fixed amounts ($10,000 first violation, $15,000 subsequent) to discretionary amounts ('up to' $10,000 and 'up to' $15,000), with the court changing from 'shall assess' to 'may assess.'

Section 1798.309(a) now limits its protection to abortion or gender-affirming health care services 'that are legally protected health care activities secured by the Constitution or laws of California,' rather than covering all such services broadly. This creates a carve-out: services that do not meet the definition of legally protected health care activity (such as those constituting unprofessional conduct or violating antidiscrimination laws) fall outside the bill's shield against out-of-state investigations and subpoenas.

Removed 'inquiry' from all references to covered legal instruments throughout Section 1798.309. The bill now only protects against compliance with investigations, subpoenas, or summonses, not informal inquiries. This means a person or entity receiving an informal request for information about abortion or gender-affirming care is no longer shielded by this law.

Replaced the broader term 'legally protected health care activity' with the specific phrase 'abortion or gender-affirming health care services' in the operative provisions of Section 1798.309. The old definition of 'legally protected health care activity' encompassed all reproductive health care services (including contraception, assisted reproduction, and general pregnancy-related care), but the new language narrows protection to abortion and gender-affirming services specifically.

The affidavit requirement in subdivision (a)(1)(A) now requires attestation that information will not be used to impose consequences for 'any abortion or gender-affirming health care services' rather than the broader 'any legally protected health care activity.'

The Attorney General's enforcement authority and statutory penalties ($10,000 first violation, $15,000 subsequent) now only apply to compliance with investigations, subpoenas, or summonses - not informal inquiries. The six-year statute of limitations is also measured from receipt of notice of an investigation, subpoena, or summons.

The definitions section (Section 1798.300) retains the full definition of 'legally protected health care activity' including reproductive health care services, but this defined term is no longer used in the operative protective provisions of Section 1798.309, effectively making it a dormant definition for purposes of this bill's main protections.

The operative protections in new Section 1798.309 now apply only to 'abortion or gender-affirming health care services' rather than the broader category of 'legally protected health care activity,' which previously also covered reproductive health care services and gender-affirming mental health care services more broadly.

Federal government investigations, subpoenas, and summons are now exempt from the affidavit requirement in paragraph (1) of subdivision (a).

The exemption from the notice and waiting-period requirements was expanded from only inquiries issued by 'the office of the Attorney General' to any inquiry issued by 'a state agency, commission, department, or office, including, but not limited to, the office of the Attorney General.'

New Section 1 defines terms in Civil Code Section 1798.300 including 'abortion' (cross-referencing Health and Safety Code Section 123464), 'abusive litigation,' 'aggrieved person, provider, or other entity,' 'gender-affirming health care services,' 'legally protected health care activity' (with an exclusion for unprofessional conduct and antidiscrimination law violations), and 'reproductive health care services.'

A court-order exception was added: a person or entity may now comply with an inquiry, investigation, subpoena, or summons if ordered by a court of competent jurisdiction, even without meeting all the statutory conditions (affidavit, notice to AG, 30-day waiting period).

The 30-day individual notification requirement and the 30-day waiting period after notifying the Attorney General now include an exception for situations 'required by a federal statute or regulation.'

The previous amendment to Civil Code Section 5 (a general construction provision stating the code should be construed as a continuation of existing statutes) was removed and replaced with the new definitional section.

The fiscal committee vote changed from 'no' to 'yes,' indicating the bill now carries an identified fiscal impact requiring fiscal committee review.

New Civil Code Section 1798.309 applies to any person or entity located, headquartered, incorporated, or otherwise conducting business in California, giving it extraterritorial reach over out-of-state entities with a California presence.

Coauthors Harabedian, Sharp-Collins, and Schultz were added, and the fiscal committee designation changed from 'no' to 'yes,' indicating the amendment introduced identifiable fiscal impacts.

Creates a prohibition on complying with civil, criminal, or regulatory inquiries, investigations, subpoenas, or summons regarding legally protected health care activity unless the request is accompanied by an affidavit under penalty of perjury attesting that it either (A) is not related to seeking liability for such activity, (B) relates to activity unlawful under California law (identifying the specific law), or (C) relates to grounds for professional discipline in California.

Requires the recipient of such a request to notify the Attorney General within 7 days and make reasonable attempts to notify affected individuals at least 30 days before providing any responsive information, with a minimum 30-day waiting period after notifying the AG. These notice and waiting requirements do not apply to requests from the AG's own office.

Authorizes the Attorney General to intervene in civil actions brought to protect against compliance, to seek injunctions against violations, and to bring civil actions for false affidavits (punishable by a $15,000 civil penalty).

Establishes statutory penalties of $10,000 for the first violation and $15,000 for each subsequent violation against any person or entity found to have intentionally, knowingly, willingly, or recklessly complied with a prohibited inquiry or subpoena. Courts must award costs and attorney's fees to the AG when penalties are imposed.

Sets a 6-year statute of limitations for Attorney General actions, running from the date the AG received notice of the inquiry, investigation, subpoena, or summons at issue.

The original nonsubstantive amendment to Civil Code Section 5 (changing 'must' to 'shall be' and fixing a duplicate word) is retained but renumbered as the second section of the bill.