Requires sexual orientation data in disease reports

(1)Existing law requires the State Department of Public Health to establish a list of reportable communicable and noncommunicable diseases and conditions and to specify the requirements for a health officer, as defined, to report each listed disease and condition. Existing law requires a health officer to report the listed diseases and conditions and to take other specified measures to prevent the spread of disease. A violation of these requirements imposed on a health officer is a crime.

This bill would require any electronic tool used by a health officer, as defined, for the purpose of reporting cases of communicable diseases to the department, as specified, to include the capacity to collect and report data relating to sexual orientation and gender identity, thereby imposing a state-mandated local program. The bill would also require a health care provider, as defined, that knows of or is in attendance on a case or suspected case of specified communicable diseases to report to the health officer for the jurisdiction in which the patient resides the patient’s sexual orientation and gender identity, if known. Because a violation of these requirements by a health care provider or a health officer would be a crime, this bill would impose a state-mandated-local program.

(2)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.

This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.

With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

(3)This bill would declare that it is to take effect immediately as an urgency statute.