Attorney General Bonta: From Idaho to Arizona, We Welcome Abortion Care Providers Willing to Practice in California

Tuesday, April 23, 2024
Contact: (916) 210-6000, agpressoffice@doj.ca.gov

Issues guidance to reproductive healthcare providers of their rights in California ahead of SCOTUS’ oral arguments 

OAKLAND – Ahead of the U.S. Supreme Court’s oral argument in the Idaho v. United States case, California Attorney General Rob Bonta today issued guidance to remind medical providers, staff, and volunteers from states with near-total abortion bans of their rights and protections when providing reproductive healthcare under California state law. The "Know Your Rights" guidance covers information on specific California laws that safeguard medical professionals who provide access to safe and legal abortion services in California.

“From Idaho to Arizona, draconian abortion bans implemented nationwide have put millions of lives at risk. Today, and every day, we are clear in this commitment: We stand ready to support Americans across our country in any way we can and will ensure that our state continues to be a safe haven for all providers of essential reproductive healthcare,” said Attorney General Bonta. “For providers from near-total abortion ban states who are willing to practice in California, you are welcome in California, and we want to ensure that you know your rights and are empowered to continue fulfilling your vital role of providing necessary abortion care here. California has your back and is armed with resources and safeguarding measures should you seek to obtain or provide care in our state.”

Currently, there are 21 states that ban or restrict abortion. This is possible as a direct result of the Supreme Court’s decision to upend decades of legal precedent and governance of reproductive rights when they overturned Roe v. Wade in 2022.  

The guidance issued today for all medical professionals providing reproductive healthcare in California includes the following:

Know Your Rights as a Medical Professional 

  • In California, medical professionals can provide abortion healthcare. California law protects access to your California-based health facilities.
  • Any use of force to block access to a facility and/or any act of intimidation because you offer reproductive healthcare in a California health facility is a criminal offense.
  • You have the right to pursue legal action against any individual for physically obstructing or interfering with day-to-day functions of your facility in California.

California Law Will Protect You from Out-of-State Anti-Abortion Laws

  • You cannot be arrested in California for performing or aiding in abortion care within California that is legal in California.
  • You cannot be taken from California to another state for criminal prosecution for performing or aiding in reproductive healthcare in California that is legal in California.
  • California law enforcement and government employees will not cooperate with or provide information to any other state for investigations into abortion care that is legal in California. 
  • If you aid or assist a pregnant person in exercising their rights, you cannot be subject to civil or criminal liability or penalty in California, based solely on your actions to aid or assist the pregnant person in exercising their rights, so long as the pregnant person has consented.

California Law Will Protect Your Information and Medical Credentials

  • California corporations cannot provide information in response to requests (e.g., subpoenas and warrants) if they reasonably know the request is related to investigations of providing abortion care that is legal in California.
  • California will expedite your licensing process if you plan to practice abortion healthcare in California.
  • It is illegal for your California-issued license to be negatively affected or for you to lose your malpractice insurance if you provide legal abortion healthcare in California. 

If you believe any of these rights have been violated, you can file a report with the California Attorney General’s Office at oag.ca.gov/report or (916) 210-6276. 

The guidance can be found here.

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