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California moves to protect transgender patients' data from 'hostile actors'
Supporters of transgender rights gathered at the Capitol during a press conference by Sen. Scott Wiener, D-San Francisco, in 2022.
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Miguel Gutierrez Jr.
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CalMatters
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Topline:
Gov. Gavin Newsom signed a law that puts medical records related to gender-affirming care under seal. This comes as the Trump administration attempts to crack down on healthcare for transgender people nationwide through subpoenas and investigations.
What it does: SB 497, which Newsom signed into law this week, puts the following protections in place:
- Law enforcement, both in and out of California, needs a warrant to seek information from the state health care database.
- It is now a misdemeanor for an individual to knowingly share health data from databases maintained by the state if a warrant is not issued.
- Health care providers are prohibited from complying with subpoenas aimed at obtaining sensitive medical records related to gender-affirming care
What’s now protected: Patients’ names, addresses, genders and pharmacy information are included in the database and will now be protected by law. The bill's author, state Sen. Scott Wiener, said this was necessary to protect patients from "hostile actors."
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What the bill’s author says: “President [Donald] Trump has made it clear he is willing to violate laws and norms to target transgender people and that he will not stop until their existence has been erased from public life,” Wiener said in a statement. “California must do everything in our power to protect the transgender community.”
The context: This comes as the White House has attempted to restrict gender-affirming care for minors and others, even as major medical associations argue it should be protected. Children’s Hospital Los Angeles closed its Center for Transyouth Health and Development amid the crackdown, and other providers have moved to restrict care.
California’s previous shield laws: Another shield law aimed at making California a “state of refuge” for trans people was signed in 2022. That law also limits access to patient data and protects medical providers in California from being prosecuted under out-of-state laws that prohibit gender-affirming care.
How this could affect hospitals: Children’s hospitals around the country reportedly received subpoenas seeking a broad swath of information from underage patients, from records of conversations with doctors to patients’ social security numbers. CHLA has not confirmed whether or not it received such a subpoena or whether it has complied with it if so.
Go deeper … on how trans kids in SoCal face more roadblocks in gender-affirming care.
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