June 26, 2023
Area(s) of Interest:
Reproductive Freedom
One year ago, the U.S. Supreme Court's ruling in Dobbs v. Jackson Women's Health Organization reversed 50 years of Supreme Court precedent recognizing a constitutional right to abortion. With the Dobbs ruling, the fight over reproductive rights shifted to the states, with lawmakers in many states seeking new ways to restrict patient access and punish physicians who provide abortion or gender-affirming care.
California has a long history of protecting and defending reproductive health care rights. Over the last year, California voters and lawmakers have taken action to protect the fundamental human right to access reproductive health services.
To ensure that physicians, lawyers, policymakers and other stakeholders understand the impact of these changes on the practice of medicine in California, the California Medical Association (CMA) has updated and expanded the Reproductive Issues section of its online Health Law Library. The documents include:
#3750 – Abortion Issues: This document provides a comprehensive summary of the latest statutory changes and new case law impacting abortion care in California. It includes a robust summary of the package of new California laws enacted since the Dobbs decision, proposed changes to agency regulations surrounding abortion services, and the practical legal implications of these laws for providers in California.
#3753 – Informed Consent for Sterilization and Hysterectomies: This document discusses the legal requirements for obtaining consent before performing sterilization procedures. It also addresses additional requirements that pertain to hysterectomies.
#3115 – Infertility Consent Requirements: This document discusses the consent requirements for various methods of assisted reproductive technology, as well as requirements for donating embryos for research. Also addressed are the legal parental rights issues for parents of children born by the use of assisted reproductive technology, including new laws passed in the last few years clarifying embryo donation protocols.
#3751 – Test of Pregnant Women, Newborns and Young Children: This document provides information on the various tests, screening, and information that physicians must obtain from and/or offer to pregnant persons and children. Also included is updated regulatory guidance released in the last year.
About CMA’s Health Law Library
CMA’s Health Law Library is the most comprehensive health law and medical practice resource for California physicians.
The library contains nearly 5,000 pages of up-to-date information on a variety of subjects of importance to practicing physicians. It includes content from the California Physician's Legal Handbook (CPLH), as well as more specialized information on peer review, payor contracting and other topics.
Access is free to CMA members, and non-members can purchase individual documents for $2 per page. The entire CPLH library is also available via online subscription at cplh.org.
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