Reproductive health: mifepristone and other medication.

Under the California Constitution, the state is prohibited from denying or interfering with an individual's reproductive freedom in their most intimate decisions, including their fundamental right to choose to have an abortion. Existing law, the Reproductive Privacy Act, prohibits the state from denying or interfering with a pregnant person's right to choose or obtain an abortion prior to viability of the fetus, or when the abortion is necessary to protect the life or health of the pregnant person. Under the act, a person is not subject to liability or penalty based on their actions or omissions with respect to their pregnancy or pregnancy outcome. Under the act, a person who aids or assists a pregnant person in exercising their rights under the act is not subject to liability or penalty based solely on their aid- or assistance-related actions, as specified. Under the bill, a person, in exercising their individual rights under the above-described constitutional provision and the Reproductive Privacy Act, would not be subject to civil or criminal liability or penalty, or otherwise deprived of their rights, for using, receiving, possessing, or storing brand or generic mifepristone or any drug used for medication abortion. Under the bill, a person who aids or assists a pregnant person in exercising their rights under those provisions would not be subject to liability or penalty or deprivation of rights based solely on their actions to aid or assist a pregnant person in accessing any of those drugs. The bill would declare those actions as being lawful under the laws of California. Existing law, the California Affordable Drug Manufacturing Act of 2020, requires the California Health and Human Services Agency (CHHSA) or its departments to enter into partnerships to, among other things, address shortages in the market for generic prescription drugs and increase patient access to affordable drugs. The act also requires CHHSA to enter into partnerships resulting in the production, procurement, or distribution of generic prescription drugs. This bill would state the intent of the Legislature to protect reproductive health access. The bill would authorize CHHSA or its departments to enter into partnerships resulting in the production, procurement, or distribution of mifepristone. In the event of a change in the approval status of mifepristone by the FDA, or a change in conditions for use or in the accessibility of mifepristone, the bill would authorize CHHSA or its departments to develop a process to allow continued access to mifepristone, such as clinical trials or approval for use through the State Department of Public Health.