AB1930 - Abortion or gender-affirming health care services: subpoenas, discovery requests, or other requests for information.

Enrolled September 01, 2026 Passed IN Senate August 26, 2026 Passed IN Assembly August 27, 2026 Amended IN Senate August 18, 2026 Amended IN Senate July 02, 2026 Amended IN Assembly May 21, 2026 Amended IN Assembly May 18, 2026 Amended IN Assembly March 19, 2026 CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION Assembly Bill No. 1930 Introduced by Assembly Member Zbur (Coauthors: Assembly Members Harabedian, Sharp-Collins, and Schultz) February 13, 2026 An act to amend Section 1798.300 of, and to add Section 1798.309 to, the Civil Code, relating to civil law. LEGISLATIVE COUNSEL'S DIGEST AB 1930, Zbur. Abortion or gender-affirming health care services: subpoenas, discovery requests, or other requests for information. Existing law provides that reproductive health care services, gender-affirming health care services, and gender-affirming mental health care services are rights secured by the California Constitution and laws of California, and interference with these rights, whether or not under the color of law, is against the public policy of California. Existing law defines “gender-affirming health care services” to mean medically necessary health care that respects the gender identity of the patient, as experienced and defined by the patient, as specified. Existing law provides for various protective measures for persons engaging in legally protected health care activity, including prohibiting a provider of health care, health care service plan, health insurer, or contractor from releasing medical information related to, among other things, an individual seeking or obtaining gender-affirming health care or gender-affirming mental health care, and prohibiting a state or local public agency, or any employee thereof acting in their official capacity, from cooperating with or providing information to an individual or agency from another state or a federal law enforcement agency, as specified, regarding a legally protected health care activity that is lawful in this state and performed in this state. Existing law defines “legally protected health care activity” for those purposes to include, among other things, the exercise and enjoyment, or attempted exercise and enjoyment, by a person of rights to the health care services described above and the provision of those health care services by a person duly licensed under the laws of California. This bill would require a person or entity that is located, headquartered, incorporated, or otherwise conducting business in California and receives, is served with, or is subject to a subpoena, discovery request, or other request for information that is part of a legal process related to a civil, criminal, regulatory, or legislative investigation regarding abortion, as defined, or gender-affirming health care services that are legally protected health care activities secured by the Constitution or laws of California to provide specified notice to the Attorney General at least 7 business days prior to producing records in response to the request unless a shorter response time is required by federal law or other federal obligation, as specified. If a shorter response time is required by federal law or other federal obligation, the bill would require the responding person or entity to provide notice to the Attorney General no later than contemporaneously with producing the responsive records. The bill would exempt a person or entity from the notice requirement if the subpoena, discovery request, or other request for information meets certain requirements, including that it is accompanied by an attestation verifying that the use or disclosure of the requested information meets certain requirements, including that the requested information is related to an investigation or proceeding regarding activity that is unlawful under California civil or criminal law, and it identifies the California law under which the activity is unlawful. The bill would prohibit a person or entity receiving, served with, or subject to a subpoena, discovery request, or other request for information described above who is not subject to the above-described exemption from producing the responsive records until at least 7 business days after providing notice to the Attorney General unless a shorter response time is required by federal law or other federal obligation, as specified. If a shorter response time is required by federal law or other federal obligation, the bill would require the responding person or entity to make best efforts to deliver the responsive records on the date on which the person or entity is required to respond to the subpoena, discovery request, or other request for information. The bill would authorize the Attorney General to make reasonable attempts to notify the individual who provided, sought, received, facilitated, or otherwise engaged in the abortion or gender-affirming health care service pertaining to the subpoena, discovery request, or other request for information. The bill would entitle a person or entity subject to these provisions to rely on the representations made in an attestation described above. The bill would authorize the Attorney General to intervene in any civil action instituted by a person or entity to protect against compliance with or providing information in response to the subpoena, discovery request, or other request for information. The bill would authorize the Attorney General to commence certain actions, including a civil action against any person or entity that attaches a false attestation described above, and would make the attachment of a false attestation by a person or entity punishable by a civil penalty of $15,000, as specified. The bill would require any action brought by the Attorney General to be commenced within 6 years of the date on which the Attorney General received the notice of the subpoena, discovery request, or other request for information at issue, and would require the court to award court costs and attorney’s fees to the Attorney General in any civil action in which the court imposes any penalty authorized by the bill’s provisions. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill Text The people of the State of California do enact as follows: SECTION 1. Section 1798.300 of the Civil Code is amended to read: 1798.300. As used in this title, the following definitions apply: (a) “Abortion” has the same meaning as defined in Section 123464 of the Health and Safety Code. (b) “Abusive litigation” means litigation or other legal action to deter, prevent, sanction, or punish a person engaging in legally protected health care activity by either of the following: (1) Filing or prosecuting an action in a state other than California where liability, in whole or in part, directly or indirectly, is based on a legally protected health care activity that was legal in the state in which it occurred, including an action in which liability is based on a theory of vicarious, joint, or several liability. (2) Attempting to enforce an order or judgment issued in connection with an action described in paragraph (1) by a party to that action or a person acting on behalf of a party to that action. An action shall be considered to be based on conduct that was legal in the state in which it occurred if a part of an act or omission involved in the course of conduct that forms the basis for liability in the action occurs or is initiated in a state in which the health care was legal, whether or not the act or omission is alleged or included in a pleading or other filing in the lawsuit. (c) “Aggrieved person, provider, or other entity” includes, but is not limited to, a person who resides in California, a business or entity doing business in the state or located in the state, a health care service plan, a health insurer, a person or entity that provided a legally protected health care activity in California, a person who received a legally protected health care activity from a provider licensed in California, a person or entity that is licensed in California to provide a legally protected health care activity, including a provider, clinic, or a person who assisted a person or entity that received or provided a legally protected health care activity in California. (d) “Gender-affirming health care services” and “gender-affirming mental health care services” have the same meaning as defined in paragraph (3) of subdivision (b) of Section 16010.2 of the Welfare and Institutions Code. (e) (1) “Legally protected health care activity” means any of the following: (A) The exercise and enjoyment, or attempted exercise and enjoyment, by a person of rights to reproductive health care services, gender-affirming health care services, or gender-affirming mental health care services secured by the Constitution or laws of California or the provision by a health care service plan contract or a policy, or a certificate of health insurance, that provides for such services. (B) An act or omission undertaken to aid or encourage, or attempt to aid or encourage, a person in the exercise and enjoyment or attempted exercise and enjoyment of rights to reproductive health care services, gender-affirming health care services, or gender-affirming mental health care services secured by the Constitution or laws of California. (C) The provision of reproductive health care services, gender-affirming health care services, or gender-affirming mental health care services by a person duly licensed under the laws of California or the coverage of, and reimbursement for, such services or care by a health care service plan or a health insurer, if the service or care is lawful under the laws of California, regardless of the patient’s location. (2) “Legally protected health care activity” does not include any activity that would be deemed unprofessional conduct or that would violate antidiscrimination laws of California. (f) “Reproductive health care services” means and includes all services, care, or products of a medical, surgical, psychiatric, therapeutic, diagnostic, mental health, behavioral health, preventative, rehabilitative, supportive, consultative, referral, prescribing, or dispensing nature relating to the human reproductive system provided in accordance with the constitution and laws of this state, whether provided in person or by means of telehealth services which includes, but is not limited to, all services, care, and products relating to pregnancy, the termination of a pregnancy, assisted reproduction, or contraception. SEC. 2. Section 1798.309 is added to the Civil Code, to read: 1798.309. (a) (1) (A) Notwithstanding any other law, a person or entity that is located, headquartered, incorporated, or otherwise conducting business in California and receives, is served with, or is subject to a subpoena, discovery request, or other request for information that is part of a legal process related to a civil, criminal, regulatory, or legislative investigation regarding abortion or gender-affirming health care services that are legally protected health care activities secured by the Constitution or laws of California shall provide notice to the Attorney General at least seven business days prior to producing records in response to the request unless a shorter response time is required by federal law or other federal obligation, including a contract, grant requirement, or Medicare condition of participation. If a shorter response time is required by federal law or other federal obligation, the responding person or entity shall provide notice to the Attorney General no later than contemporaneously with producing the responsive records. (B) The notice to the Attorney General shall include a copy of the subpoena, discovery request, or other request for information that is part of a legal process related to a civil, criminal, regulatory, or legislative investigation and received by the person or entity. The person or entity providing the copy of the subpoena, discovery request, or other request for information may redact any identifying or confidential information related to specific individuals, patients, or individual providers for confidentiality or as required by applicable state and federal law. (2) Paragraph (1) shall not apply if the subpoena, discovery request, or other request for information regarding abortion or gender-affirming health care services meets any of the following requirements: (A) Is ordered by a court of competent jurisdiction. (B) Is issued by a California state or local agency. (C) Is accompanied by an attestation verifying that the use or disclosure of the requested information meets any of the following requirements: (i) The requested information shall not be used to conduct a criminal, civil, or administrative investigation or impose any other liability on any person or entity for seeking, obtaining, providing, or facilitating abortion or gender-affirming health care services that are lawful in this state: (ii) The requested information is related to an investigation or proceeding regarding activity that is unlawful under California civil or criminal law, and it identifies the California law under which the activity is unlawful. (iii) The requested information is related to an investigation or proceeding regarding activity that is grounds for professional discipline in California, and it identifies the grounds for professional discipline. (D) Information regarding abortion or gender-affirming health care services may be included in responsive records but is incidental to the civil, criminal, regulatory, or legislative investigation. (3) A person or entity receiving, served with, or subject to a subpoena, discovery request, or other request for information described in paragraph (1) who is not subject to the exemption provided in paragraph (2) shall not produce the responsive records until at least seven business days after providing notice to the Attorney General pursuant to paragraph (1) unless a shorter response time is required by federal law or other federal obligation, including a contract, grant requirement, or Medicare condition of participation. If a shorter response time is required by federal law or other federal obligation, the responding person or entity shall make best efforts to deliver the responsive records on the date on which the person or entity is required to respond to the subpoena, discovery request, or other request for information. (4) The Attorney General may make reasonable attempts to notify the individual who provided, sought, received, facilitated, or otherwise engaged in the abortion or gender-affirming health care service pertaining to the subpoena, discovery request, or other request for information. (5) A person or entity subject to this section is entitled to rely on the representations made in an attestation provided pursuant to subparagraph (C) of paragraph (2). (b) If a person or entity that is lo [Text truncated for display. Full text available on Congress.gov.]