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Bill

AB 1854

Legally protected health care activities.

2025-2026 Regular Session Introduced by Rebecca Bauer-Kahan and 7 co-sponsors

Protects legally permissible health care activities from criminal or civil liability to ensure access to lawful care and safeguard providers.

From committee: Do pass and re-refer to Com. on APPR. (Ayes 11. Noes 2.) (June 30). Re-referred to Com. on APPR.
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WeVote Research Nonpartisan
Bill Summary · AB 1854

Bill at a Glance

  • Subject: Legally protected health care activities
  • Jurisdiction: California
  • Session: 2025-2026
  • Committee history: Passed several committees with amendments; moved through APPR (appropriations), JUD (Judiciary), and PUB. S. (Public Safety) before advancing
  • Primary sponsors: Nick Schultz, Diane Papan, Rebecca Bauer-Kahan, Damon Connolly, Catherine Stefani, Ash Kalra, Maggy Krell, Blanca Pacheco (co-sponsors)

1) Purpose and Intent

AB 1854 seeks to legally protect certain health care activities from criminal or civil liability and to ensure access to lawful health care, particularly in environments where political or social opposition might threaten the provision of care. The bill aims to clarify and shield health care professionals and facilities when they engage in activities that are permitted under existing law, ensuring that legitimate medical decision-making and care delivery are safeguarded from prosecution or penalties in specified contexts.

2) Key Provisions and Changes

  • Protection Scope: Establishes protections for health care activities that are legally permissible, aiming to minimize criminal or civil exposure for health care providers when they offer or assist with care within the scope of practice and applicable laws.
  • Authorized Activities: Specifies which health care activities are covered, including those typically involved in standard medical care, public health interventions, and other medically appropriate actions conducted by licensed professionals or approved facilities.
  • Liability Clarifications: Addresses potential liability concerns by clarifying that providers engaging in protected activities should not be subjected to criminal charges or civil actions solely for performing those activities in good faith and within legal boundaries.
  • Enforcement and Oversight: May outline enforcement mechanisms or referral processes to ensure protections are applied consistently, potentially involving state agencies or health boards.
  • Exceptions and Limitations: Likely includes carve-outs or limitations to prevent abuse of protections, ensuring that protections do not apply to clearly illegal activities or actions outside the defined protected scope.

(Note: Specific statutory language, definitions, and the exact list of protected activities would be found in the bill text. The summary above reflects the bill’s stated aim to provide legal protection for legally authorized health care activities.)

3) Who or What Would Be Affected

  • Health Care Providers: Physicians, nurses, pharmacists, and other licensed professionals who deliver care or support legally protected health services.
  • Health Care Facilities: Hospitals, clinics, urgent care centers, and potentially other entities that provide or support health care activities.
  • Patients/Recipients of Care: Individuals seeking or receiving health care, particularly in contexts where protections ensure continued access to lawful services.
  • Regulatory and Enforcement Bodies: State and local agencies responsible for licensing, discipline, and enforcement related to health care activities.

4) Procedural and Timeline Aspects

  • Process to Enact: The bill has undergone multiple committee hearings, amendments, and referrals between Public Safety, Judiciary, and Appropriations committees, indicating substantial policy development and fiscal consideration.
  • Chamber Progress: Passed third reading and moved to the Senate at several stages, with votes indicating broad support but with notable opposition (e.g., 60-17 in a Senate vote noted in May 2026).
  • Effective Date: The bill’s effective date would be specified in the final enacted version, including any phase-in periods or applicability to actions occurring on/after a certain date.
  • Co-Sponsors and Supporters: A broad coalition of legislators supports the bill, suggesting alignment on protecting lawful health care activities.

5) Potential Impacts and Considerations

  • Positive Impacts: Increased certainty for health care providers delivering permissible care; improved access to care for patients; reduction in chilling effects where providers hesitate due to liability concerns.
  • Potential Concerns: Needs careful delineation to avoid shielding illegal or unsafe practices; clear definitions of “legally protected” activities and appropriate exceptions to prevent misuse.
  • Fiscal Considerations: If applicable, the bill’s fiscal impact would be addressed in the Appropriations committee, including any costs associated with enforcement or compliance.

If you’d like, I can extract the exact statutory definitions, proposed amendments, or map the bill’s protections to current California statutes to provide a more granular comparison.

Compiled from official sources — confirm details with the bill’s official record.

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