| Last Version Text |
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<ns0:Id>20250SB__060898AMD</ns0:Id>
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<ns0:History>
<ns0:Action>
<ns0:ActionText>INTRODUCED</ns0:ActionText>
<ns0:ActionDate>2025-02-20</ns0:ActionDate>
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<ns0:Action>
<ns0:ActionText>AMENDED_SENATE</ns0:ActionText>
<ns0:ActionDate>2025-03-24</ns0:ActionDate>
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<ns0:SessionYear>2025</ns0:SessionYear>
<ns0:SessionNum>0</ns0:SessionNum>
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<ns0:MeasureNum>608</ns0:MeasureNum>
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<ns0:AuthorText authorType="LEAD_AUTHOR">Introduced by Senator Menjivar</ns0:AuthorText>
<ns0:AuthorText authorType="COAUTHOR_ORIGINATING">(Coauthor: Senator Wiener)</ns0:AuthorText>
<ns0:Authors>
<ns0:Legislator>
<ns0:Contribution>LEAD_AUTHOR</ns0:Contribution>
<ns0:House>SENATE</ns0:House>
<ns0:Name>Menjivar</ns0:Name>
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<ns0:Legislator>
<ns0:Contribution>COAUTHOR</ns0:Contribution>
<ns0:House>SENATE</ns0:House>
<ns0:Name>Wiener</ns0:Name>
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<ns0:Title>An act to add Section 51932.5 to, and to add Article 16 (commencing with Section 49595) to Chapter 9 of Part 27 of Division 4 of Title 2 of, the Education Code, and to add Chapter 7.8 (commencing with Section 111824) to Part 5 of Division 104 of the Health and Safety Code, relating to sexual health.</ns0:Title>
<ns0:RelatingClause>sexual health</ns0:RelatingClause>
<ns0:GeneralSubject>
<ns0:Subject>Sexual health.</ns0:Subject>
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<html:p>
(1)
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Existing law, the California Healthy Youth Act, requires school districts, defined to include county boards of education, county superintendents of schools, the California School for the Deaf, the California School for the Blind, and charter schools, to ensure that all pupils in grades 7 to 12, inclusive, receive comprehensive sexual health education and human immunodeficiency virus (HIV) prevention education, as specified.
</html:p>
<html:p> This bill would require the State Department of Education to monitor compliance with the requirements of the California Healthy Youth Act as part of its annual compliance monitoring of state and federal programs.</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Existing law establishes the Office of School-Based Health Programs for the purpose of assisting local educational
agencies regarding the current health-related programs under the purview of the State Department of Education including, among other duties, coordinating school health program activities with public health, social services, environmental, and local educational agencies, and other public and private entities.
</html:p>
<html:p> This bill would prohibit a public school, as defined, that serves pupils in any of grades 7 to 12, inclusive, from prohibiting certain school-based health centers, as defined, from making internal and external condoms available and easily accessible to pupils at the
school-based health center site and would require those public schools to allow condoms to be made available during the course of, or in connection with, educational or public health programs and initiatives, as provided. To the extent the bill imposes additional duties on local educational agencies, the bill would impose a state-mandated local program.</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Under existing law, the Sherman Food, Drug, and Cosmetic Law, the State Department of Public Health generally regulates the packaging, labeling, advertising, and sale of food, drugs, devices, and cosmetics, in accordance with the Federal Food, Drug, and Cosmetic Act. A violation of those provisions is generally a crime. Existing law sets forth various other provisions relating to the furnishing
and health care coverage of certain types of contraception.
</html:p>
<html:p>This bill would, with certain exceptions, prohibit a retail establishment, as defined, from refusing to furnish nonprescription contraception to a person solely on the basis of age by means of any conduct, including, but not limited to, requiring the customer to present identification for purposes of demonstrating their age. Under the bill, a violation of that prohibition would be exempt from the above-described criminal penalty.</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
</html:p>
<html:p>This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.</html:p>
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<ns0:DigestKey>
<ns0:VoteRequired>MAJORITY</ns0:VoteRequired>
<ns0:Appropriation>NO</ns0:Appropriation>
<ns0:FiscalCommittee>YES</ns0:FiscalCommittee>
<ns0:LocalProgram>YES</ns0:LocalProgram>
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<ns0:ImmediateEffect>NO</ns0:ImmediateEffect>
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<ns0:Election>NO</ns0:Election>
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<ns0:BudgetBill>NO</ns0:BudgetBill>
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<ns0:Preamble>The people of the State of California do enact as follows:</ns0:Preamble>
<ns0:BillSection id="id_8BB6243E-5A42-4A41-BCB7-61C1F7C712BB">
<ns0:Num>SECTION 1.</ns0:Num>
<ns0:Content>
<html:p>
(a)
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The Legislature finds and declares all of the following:
</html:p>
<html:p>
(1)
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The federal Centers for Disease Control and Prevention (CDC) estimates that one in five people in the United States have a sexually transmitted infection (STI). More than 325,000 Californians were infected with syphilis, chlamydia, or gonorrhea in 2019.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
California youth, and in particular youth of color, are disproportionately impacted by the STI crisis. Statewide data indicate over one-half of all STIs in the state are experienced among California youth 15 to 24 years of age, inclusive. Young people
in this age group make up more than 5 out of every 10 chlamydia cases in California, and more than 87 percent are youth of color.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Most STIs go undetected and can lead to serious, life-threatening health problems later in life, including permanent tissue damage, blindness, infertility, and cancer related to human papillomavirus (HPV) infections. STIs also increase both the transmission and acquisition of human immunodeficiency virus (HIV). According to estimates provided by the Sexually Transmitted Diseases (STD) Control Branch of the State Department of Public Health, the state spends approximately one billion dollars ($1,000,000,000) annually on health costs associated with STIs.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Condoms are an effective tool to reduce STI transmission, but condom use among
sexually active teens has declined over the last decade. The CDC’s Youth Risk Behavior Surveillance System (YRBSS) shows that in 2023, an average of 21 percent of California high school pupils were sexually active and 52 percent of those pupils did not use condoms during their last sexual intercourse.
</html:p>
<html:p>
(5)
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Teens face multiple barriers to accessing condoms that deter them from seeking and securing the resources they need to protect themselves against STIs and unintended pregnancy. Through Essential Access Health’s TeenSource Condom Access Project, young people reported that cost is the biggest obstacle to obtaining condoms. When cost barriers remain, youth with low incomes are often left without the option to regularly use condoms to help protect their health and prevent an unintended pregnancy from occurring.
</html:p>
<html:p>
(6)
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Teens have also long reported experiencing difficulties while attempting to purchase condoms at some pharmacies and retailers, including being judged, shamed, or harassed, or being asked to show an identification card despite the fact that there are no age requirements for condom purchases.
</html:p>
<html:p>
(7)
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California has an interest in promoting and expanding equitable access to tools and resources that empower youth to make healthier choices and reduce the spread of STIs.
</html:p>
<html:p>
(b)
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Therefore, it is the intent of the Legislature to improve public health outcomes and reduce STI rates among California youth by making condoms more accessible for young people.
</html:p>
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<ns0:Num>SEC. 2.</ns0:Num>
<ns0:ActionLine action="IS_ADDED" ns3:href="urn:caml:codes:EDC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'TITLE'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'4.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'PART'%20and%20caml%3ANum%3D'27.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'9.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'16.'%5D)" ns3:label="fractionType: LAW_SPREAD||commencingWith: 49595" ns3:type="locator">Article 16 (commencing with Section 49595) is added to Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code, to read:</ns0:ActionLine>
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<ns0:LawHeading id="id_260DC785-2282-4774-83CD-4A91300E72A1" type="ARTICLE">
<ns0:Num>16.</ns0:Num>
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<ns0:LawHeadingText>Miscellaneous Provisions</ns0:LawHeadingText>
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<ns0:Num>49595.</ns0:Num>
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<html:p>
(a)
<html:span class="EnSpace"/>
A public school that serves pupils in any of grades 7 to 12, inclusive, shall not prohibit a school-based health center that serves a public school serving any of grades 7 to 12, inclusive, from making internal and external condoms available and easily accessible to pupils at the school-based health center site.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
A public school that serves pupils in any of grades 7 to 12, inclusive, shall allow condoms to be made available during the course of, or in connection with, educational or public health programs and initiatives, including, but not limited to, condoms provided by any of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Community organizations or other entities providing instruction for purposes of the California Healthy Youth Act (Chapter 5.6 (commencing with Section 51930) of Part 28).
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Pupil peer health programs, clubs, or groups.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Pupil health fairs conducted on campus.
</html:p>
<html:p>
(4)
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School-based health center staff.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
For purposes of this section, the following definitions apply:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
“Public school” includes a school operated by a school district, a school operated by a county office of education, and a charter school.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
(A)
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“School-based health center” means a center or program, located at or near a public school, that provides age-appropriate health care services at the program site or through referrals.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
A school-based health center includes a center or program described in subparagraph (A) that may conduct routine physical, mental health, and oral health
assessments, and provide referrals for any services not offered onsite.
</html:p>
<html:p>
(C)
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A school-based health center includes a center or program described in subparagraph (A) that may serve two or more nonadjacent schools or local educational agencies.
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<ns0:Num>SEC. 3.</ns0:Num>
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Section 51932.5 is added to the
<ns0:DocName>Education Code</ns0:DocName>
, to read:
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<ns0:LawSection id="id_B02EB4F1-156E-4537-9C50-F8EB3C9A9AA8">
<ns0:Num>51932.5.</ns0:Num>
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<ns0:Content>
<html:p>The department shall monitor compliance with the requirements of this chapter as part of its annual compliance monitoring of state and federal programs.</html:p>
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<ns0:Num>SEC. 4.</ns0:Num>
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Chapter 7.8 (commencing with Section 111824) is added to Part 5 of Division 104 of the
<ns0:DocName>Health and Safety Code</ns0:DocName>
, to read:
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<ns0:LawHeading id="id_6295B09F-6541-4726-8374-8C2DE3E424A5" type="CHAPTER">
<ns0:Num>7.8.</ns0:Num>
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<ns0:LawHeadingText>Nonprescription Contraception </ns0:LawHeadingText>
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<ns0:LawSection id="id_3BBFAF22-686C-4CD9-96BA-61F4855F6E3D">
<ns0:Num>111824.</ns0:Num>
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<html:p>
(a)
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A retail establishment shall not refuse to furnish nonprescription contraception to a person solely on the basis of age by means of any conduct, including, but not limited to, requiring the customer to present identification for purposes of demonstrating their age.
</html:p>
<html:p>
(b)
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Section 111825 does not apply to a violation of subdivision (a).
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
If, under subsequent provisions of federal law, a nonprescription contraception becomes subject to restrictions on the basis of age, subdivision (a) shall not apply to the refusal to furnish that contraception on the basis of age.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
For purposes of this section, “retail establishment” means any vendor that, in the regular course of business, furnishes nonprescription contraception at retail directly to the public, including, but not limited to, a pharmacy, grocery store, or other retail store.
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<ns0:Num>SEC. 5.</ns0:Num>
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<html:p>If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.</html:p>
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|
| Last Version Text Digest |
(1) Existing law, the California Healthy Youth Act, requires school districts, defined to include county boards of education, county superintendents of schools, the California School for the Deaf, the California School for the Blind, and charter schools, to ensure that all pupils in grades 7 to 12, inclusive, receive comprehensive sexual health education and human immunodeficiency virus (HIV) prevention education, as specified. This bill would require the State Department of Education to monitor compliance with the requirements of the California Healthy Youth Act as part of its annual compliance monitoring of state and federal programs. (2) Existing law establishes the Office of School-Based Health Programs for the purpose of assisting local educational agencies regarding the current health-related programs under the purview of the State Department of Education including, among other duties, coordinating school health program activities with public health, social services, environmental, and local educational agencies, and other public and private entities. (3) Under existing law, the Sherman Food, Drug, and Cosmetic Law, the State Department of Public Health generally regulates the packaging, labeling, advertising, and sale of food, drugs, devices, and cosmetics, in accordance with the Federal Food, Drug, and Cosmetic Act. A violation of those provisions is generally a crime. Existing law sets forth various other provisions relating to the furnishing and health care coverage of certain types of contraception. This bill would, with certain exceptions, prohibit a retail establishment, as defined, from refusing to furnish nonprescription contraception to a person solely on the basis of age by means of any conduct, including, but not limited to, requiring the customer to present identification for purposes of demonstrating their age. Under the bill, a violation of that prohibition would be exempt from the above-described criminal penalty. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. |