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EDMUND G. BROWN JR.
Governor

State of Californiaā€”Health and Human Services Agency
California Department of Public Health


AFL 24-04
January 16, 2024


TO:
All Facilities

SUBJECT:
Assembly Bill (AB) 1707 (Chapter 258, Statutes of 2023): Health Professionals and Facilities Adverse Actions Based on Another Stateā€™s Law

ā€‹ā€‹ā€‹ā€‹ā€‹ā€‹ā€‹


ā€‹AUTHORITY:     Health and Safety Code (HSC) sections 1220.1 and 1265.11

                                ā€‹Business and Professions Code sections 805.9 and 850.1ā€‹


ā€‹All Facilities Letter (AFL) Summary

This AFL informs facilities about protections for providers of sensitive services.ā€‹

ā€‹ā€‹AB 1707 (Chapter 258, Statutes of 2023) prohibits California Department of Public Health (CDPH) from denying, suspending, revoking, or otherwise limiting a license based on a civil judgment, criminal conviction, or disciplinary action imposed by another state if the adverse action is based solely on the application of that laws around sensitive services that would be lawful in this state.

Health facilities licensed under HSC Division 2 Chapter 2 may not deny, remove, or restrict or staff privileges for a person licensed by a healing arts board based on a civil judgment, criminal conviction, or disciplinary action for providing sensitive services, if imposed by another state when the action would be permitted by California law.

The bill defines ā€œsensitive servicesā€ as, all health care services related to mental or behavioral health, sexual and reproductive health, sexually transmitted infections, substance use disorder, gender affirming care, and intimate partner violence, and includes services described in Civil Code section 56.05.

If you have any questions about this AFL, please contact your local district office.

Sincerely,

Original signed by Cassie Dunham

Cassie Dunham

Deputy Directorā€‹



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