SACRAMENTO, Calif. — California cemented its status as a pro-choice haven with a package of bills Gov. Gavin Newsom signed in September. The measures, which followed the Supreme Court’s decision in June to overturn Roe v. Wade, sought to protect abortion access both for Californians and those coming here from states with harsh anti-abortion laws.
Here’s what abortion access will look like in 2023.
No prosecutions for abortion or pregnancy loss
The measure authored by Assemblywoman Buffy Wicks, D-Oakland, AB 2223 — known to the religious right as the “Infanticide Bill” — formally bans prosecution for failed and terminated pregnancies.
Under existing law, coroners are required to investigate and register fetal deaths after 20 weeks, unless they are the result of a legal abortion. AB 2223 will bar such investigations and any subsequent prosecution.
The bill was supported by NARAL Pro-Choice California, Planned Parenthood Affiliates of California, and ACLU California Action.
Pregnancy criminalization, according to ACLU California Action, is a “rising threat.” The group pointed to two women in the Central Valley, Adora Perez and Chelsea Becker, who were both prosecuted for losing their pregnancies, as an example of the bill’s necessity.
“AB 2223 would help ensure that no person in our state is ever investigated, prosecuted, or imprisoned for losing or ending their pregnancy,” the group said.
No punishment for nurses, nurse practitioners or midwives
Under the existing Medical Practice Act, anyone other than a medical doctor who performs an abortion is liable to be disciplined by professional licensure boards.
Starting in 2023, nurse practitioners, nurses, and midwives will be able to provide abortions without loss or suspension of their license under AB 2626, written by Assemblywoman Lisa Calderon, D-Whittier. The bill also prohibits professional boards from suspending or revoking licenses of providers who provide abortion care outside the state.
No out-of-state access to medical records
Health care providers will be prohibited from providing private medical records — including records of abortion procedures — via subpoena or request from outside the state, under a new law written by Assemblywoman Mia Bonta, D-Oakland.
Several states have not only passed outright bans on abortion, they’ve attempted to restrict out-of-state travel to obtain them. Lawmakers in Texas, Missouri, Oklahoma, South Carolina and Arkansas have introduced legislation or announced plans to do so after several businesses offered to reimburse employees who travel out of state for the procedure. Arkansas state Sen. Jason Rapert called this “abortion trafficking.”
“They’re trying to traffic individuals and basically put money into the coffers of the abortion industry and circumventing these abortion bans,” he said.
AB 2091 prevents agencies in other states from accessing information about abortion procedures, protecting patients from future prosecution.
Funding for women coming from out-of-state
California will put $20 million into the Abortion Practical Support Fund to provide grants to pro-choice groups that help women with the logistical expenses of coming to California to access abortion.
Written by Senators Anna Caballero, D-Merced, and Nancy Skinner, D-Berkeley, SB 1142 will help cover travel, lodging, child care and other expenses. The bill also requires annual reports from fund administrators to the legislature, and that the Health and Human Services Agency create a website outlining all of the state’s reproductive health care services.
Access to abortion and contraception for low-income women
Under AB 2134, written by Assemblywoman Akilah Weber, D-San Diego, the state will establish a $40 million grant fund to reimburse providers who treat uninsured patients with household incomes at or below 400% of the federal poverty level. This was an especially personal bill for Dr. Weber, a practicing OBGYN.
“I am all too familiar with the difficult decision to terminate a pregnancy and the disproportionate impact the fall of Roe v. Wade will have on low-income women and women of color,” she said after Gov. Newsom signed the bill.
“We know abortions will not stop, but safe abortions will not be available in numerous states, putting women’s lives at risk. California will be a safe haven for reproductive health.”
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