Cal. Health and Saf. Code § 123471

Current through the 2019 Legislative Session
Section 123471 - Definitions; applicability

(a) For purposes of this article, and except as provided in subdivision (c), "licensed covered facility" means a facility licensed under Section 1204 or an intermittent clinic operating under a primary care clinic pursuant to subdivision (h) of Section 1206, whose primary purpose is providing family planning or pregnancy-related services, and that satisfies two or more of the following:

  • (1) The facility offers obstetric ultrasounds, obstetric sonograms, or prenatal care to pregnant women.
  • (2) The facility provides, or offers counseling about, contraception or contraceptive methods.
  • (3) The facility offers pregnancy testing or pregnancy diagnosis.
  • (4) The facility advertises or solicits patrons with offers to provide prenatal sonography, pregnancy tests, or pregnancy options counseling.
  • (5) The facility offers abortion services.
  • (6) The facility has staff or volunteers who collect health information from clients.

(b) For purposes of this article, subject to subdivision (c), "unlicensed covered facility" is a facility that is not licensed by the State of California and does not have a licensed medical provider on staff or under contract who provides or directly supervises the provision of all of the services, whose primary purpose is providing pregnancy-related services, and that satisfies two or more of the following:

  • (1) The facility offers obstetric ultrasounds, obstetric sonograms, or prenatal care to pregnant women.
  • (2) The facility offers pregnancy testing or pregnancy diagnosis.
  • (3) The facility advertises or solicits patrons with offers to provide prenatal sonography, pregnancy tests, or pregnancy options counseling.
  • (4) The facility has staff or volunteers who collect health information from clients.

(c) This article shall not apply to either of the following:

  • (1) A clinic directly conducted, maintained, or operated by the United States or any of its departments, officers, or agencies.
  • (2) A licensed primary care clinic that is enrolled as a Medi-Cal provider and a provider in the Family Planning, Access, Care, and Treatment Program.

Ca. Health and Saf. Code § 123471

Added by Stats 2015 ch 700 (AB 775),s 3, eff. 1/1/2016.