California Legislature passes bill to protect medical data of transgender people

California lawmakers passed a bill this week that would expand the state’s protections of transgender people by shielding their medical data from being shared with Republican-led states and law enforcement.

Authored by state Sen. Scott Wiener (D-San Francisco), Senate Bill 497 builds on California’s “Transgender State of Refuge” law — also by Wiener — that passed in 2022 and guards transgender people from persecution from outside state laws and policies.

SB 497 would bar healthcare providers from releasing a person’s gender-affirming healthcare data via a subpoena or request based on another state’s laws.

The bill also would prevent law enforcement from using prescription drug data to target individuals for receiving or providing care.

Democratic-led states, including California, have expanded the rights of LGBTQ+ people while Republican-led states and the Trump administration adopt laws and policies restricting their rights.

Wiener has authored several bills focused on transgender issues and sparred with Republicans and other critics on social media over the issue.

On Thursday, he criticized Rep. Anna Paulina Luna (R-Fla.) for blaming Democrats for conservative activist Charlie Kirk’s slaying on Wednesday. Among other things, Luna accused Democrats on X of “doping up kids” and “cutting off their genitals.”

“They always bring it back to trans people,” Wiener wrote. “Always. It’s what fascists do: Find a group to blame for everything & keeping bringing it back to that group. It keeps your base fed with red meat.”

California leaders argue the SB 497 reaffirms California as a haven for gender-affirming healthcare in the face of President Trump’s campaign to curtail rights for transgender people.

The term “gender-affirming care” can refer to therapy, hormone blockers or surgical procedures.

“California must do everything in our power to protect the transgender community, and I’m confident that the governor will continue his long-standing leadership on trans issues,” Wiener said in a statement after the bill’s passage.

The bill, which passed 30 to 10 by the Senate on Wednesday, now heads to Gov. Gavin Newsom for his consideration.

Wiener’s office cited a 2024 study from researchers at Northwestern School of Law and other academic institutions that found that testosterone prescription data in state databases was accessible to law enforcement without restrictions — such as requiring a warrant or subpoena — in nearly half of U.S. states, including California.

Wiener’s bill, if signed in to law, would protect patients and providers from federal officials attempting to access a state database of patients’ prescription history without a warrant, subpoena or court order.

It also imposes penalties on parties who try to obtain medical data without a warrant.

Trump has denounced gender-affirming care as “mutilation” and called on U.S. Justice Department officials to effectively enforce a ban, including by launching investigations into healthcare providers.

The Justice Department in July announced that it has sent more than 20 subpoenas to doctors and clinics involved in performing transgender medical procedures on youth. The department’s investigations include healthcare fraud and false statements.