Data collection: sexual orientation, gender identity, and intersex status.

(1) Existing law, the Lesbian, Gay, Bisexual, and Transgender Disparities Reduction Act, requires the State Department of Public Health, among other specified state entities, in the course of collecting demographic data directly or by contract as to the ancestry or ethnic origin of Californians, to collect voluntary self-identification information pertaining to sexual orientation, gender identity, and intersexuality. This bill would replace the term "intersexuality" with the term "variations in sex characteristics/intersex status" and would make conforming changes to related provisions. Existing law, as an exception to the provision above, authorizes those state entities, instead of requiring them, to collect the demographic data under either of the following circumstances: (a) pursuant to federal programs or surveys, whereby the guidelines for demographic data collection categories are defined by the federal program or survey; or (b) demographic data are collected by other entities, including other state agencies, surveys administered by third-party entities and the state department is not the sole funder, or third-party entities that provide aggregated data to a state department. This bill, notwithstanding the exception above, would require the State Department of Public Health to collect the demographic data from third parties, including, but not limited to, local health jurisdictions, on any forms or electronic data systems, unless prohibited by federal or state law. To the extent that the bill would create new duties for local officials in facilitating the department's data collection, the bill would impose a state-mandated local program. The bill would specify that the provisions above do not require (1) the State Department of Public Health to collect demographic data from an individual under 18 years of age, as specified, or (2) health care providers or other third parties to collect, disclose, or report information that is not voluntarily provided self-identification information pertaining to sexual orientation, gender identity, and variations in sex characteristics/intersex status (SOGISC) . Existing law requires the above-described state entities to report to the Legislature the data collected and the method used to collect the data, and to make the data available to the public, except for personally identifiable information. Existing law deems that personally identifiable information confidential and prohibits its disclosure. Existing law sets forth different deadlines, depending on the specified state entity, for complying with those requirements. This bill would require the State Department of Public Health, for purposes of the data collected by the department on SOGISC, to comply with the above-described requirements as early as possible but no later than March 28, 2029. (2) Existing law authorizes local health officers and the State Department of Public Health to operate immunization information systems. Existing law requires health care providers and other certain agencies, including schools and county human services agencies, to disclose specified immunization and other information about the patient or client to local health departments and the State Department of Public Health. Existing law authorizes local health departments and the State Department of Public Health to disclose most of that same information, as specified, to each other and to other entities. Existing law authorizes a patient or a patient's parent or guardian to refuse to permit recordsharing, as specified. Under existing law, the information that is subject to disclosure under those provisions includes, among other things, certain data on immunizations received, the patient's or client's date of birth, race and ethnicity, and gender. This bill would add the adult patient's or client's SOGISC and sex assigned at birth to the list of information subject to disclosure. Under the bill, a health care provider would only be required to disclose SOGISC information that is voluntarily provided by the patient or client. The bill would prohibit a health care provider from disclosing that information as it relates to any patient or client who is under 18 years of age. The bill would make conforming changes to the above-described provisions on data sharing. By expanding the duties of local officials with regard to disclosing demographic information to certain entities, the bill would impose a state-mandated local program. (3) The bill would require the State Department of Public Health to prepare an annual report concerning SOGISC data collected by the department. The bill would require the department to annually post and make available the report on the department's internet website and to annually submit the report to the Legislature, excluding any personally identifiable information. The bill would require the annual report to include, among other certain information, the department's efforts to collect, analyze, and report SOGISC data and, until fully implemented, the progress that the department has made in implementing recommendations set forth in a related 2023 report by the California State Auditor's Office. (4) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. (5) Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect.