AB 2091 (Bonta): Fact Sheet
SUMMARY
AB 2091 will protect the medical privacy of
patients by ensuring out of state subpoenas,
which seek information related to a patient who
received reproductive health care here in
California, are not granted. AB 2091 also
ensures the Department of Insurance can
enforce violations of the release of certain
medical records related to sensitive services.
BACKGROUND
The U.S. Supreme Court’s 1973 decision in Roe
v. Wade protects the constitutional right to an
abortion. This pivotal decision protected the
right to an abortion in all 50 states and set a
precedent for years to follow. Since that
decision, states have passed legislation to either
codify this right or, unfortunately, restrict
abortion in attempts to ultimately overturn this
life-saving court precedent. Certain hostile
states have passed laws which serve as direct
challenges to Roe v. Wade and subsequent
case-law which further upheld this right. One of
these laws, Mississippi’s, which bans abortions
at 15 weeks, is the subject of the U.S. Supreme
Court case which recently overturned the
holding in Roe v. Wade.
In the last year alone, 108 abortion restrictions
were enacted in 19 states. This includes Texas’s
anti-abortion law, in effect today, which
encourages people to act as bounty hunters to
seek out and sue those who provided ANY form
of support to people seeking an abortion. The
Supreme Court’s decision to overturn the
protections granted under Roe v. Wade leaves
the protection, or lack thereof, of abortion to
individual states. People have been coming and
will continue to come to California for
reproductive healthcare. With multiple states
enacting legislation that specifically targets the
right to an abortion, it is crucial that California
improves abortion access and strengthen
privacy protections for those seeking
reproductive health care in California.
CURRENT LAW
The California Constitution enshrines this
inalienable right to privacy and provides that
every individual possesses this right with
respect to their personal reproductive health
decisions. Additionally, current law protects the
release of certain medical records related to
sensitive services.
PROBLEM
Hostile state laws, which allow people to
enforce the law and target patients who seek
reproductive health care, have the potential to
infringe on rights that are protected in
California. Pursuant to these regressive laws,
out-of-state private citizens will demand the
medical records of those who seek care here, to
punish them for exercising their fundamental
right here in California. No one should be able
to weaponize our state’s legal system to target
anyone who receives care here.
SOLUTION
AB 2091 protects patients who seek
reproductive health care in California by
providing that out of state subpoenas, seeking
medical information related to a patient who
received abortion care in California and
intending to enforce other states regressive
laws, are not granted. AB 2091 also protects
those who seek reproductive health care by
ensuring the Department of Insurance can
enforce violations of the release of certain
medical records related to sensitive services.
SUPPORT
● Equality California (Co-Sponsor)
● Planned Parenthood Affiliates of California
(Co-Sponsor)
● American College of Obstetricians and
Gynecologists District IX
● Attorney General Rob Bonta
● California Academy of Family Physicians
● California Department of Insurance
● California Legislative Women’s Caucus
AB 2091 (Bonta): Reproductive Privacy Protections Act
last updated 6.27.2022
AB 2091 (Bonta): Fact Sheet
● California Pan-Ethnic Health Network
● California Nurse Midwives Association
(CNMA)
● California Nurses Association
● City of Los Angeles
● Electronic Frontier Foundation
● NARAL Pro-Choice California
● National Association of Social Workers,
California Chapter
● Oakland Privacy
● Lieutenant Governor Eleni Kounalakis
● Santa Barbara Women Lawyers
● Stronger Women United
CONTACT:
Haydee Dominguez, Legislative Assistant
[email protected]| 916-319-2018