Existing law restricts the disclosure of medical information and regulates the issuance of subpoenas related to gender-affirming health care and other sensitive services. It also establishes the Controlled Substance Utilization Review and Evaluation System (CURES) to monitor controlled substance prescriptions.
Similar to AB 87, SB 497 prohibits a health care provider, health care service plan, contractor, or employer from releasing or disclosing medical information about an individual seeking or obtaining gender-affirming health care or gender-affirming mental health care in response to a foreign or out-of-state subpoena or request based on another state’s law that conflicts with California law. SB 497 prohibits those entities from cooperating with or providing medical information to an out-of-state or federal agency if the requested information would identify an individual in connection with gender-affirming health care that is lawful in California. SB 497 applies similar restrictions to subpoenas or requests for information related to sensitive services, as defined in the Insurance Code.
SB 497 amends procedures for issuing subpoenas in California to prohibit attorneys and courts from recognizing or enforcing foreign subpoenas that are based on another state’s law penalizing a person for providing, seeking, or obtaining gender-affirming health care.
SB 497 also prohibits state or local agencies and their employees or contractors from providing CURES data or using public resources to assist any out-of-state investigation or proceeding that seeks to impose civil, criminal, or disciplinary liability under another state’s law for legally protected health care activity. The Department of Justice may share CURES data with out-of-state law enforcement only when presented with a valid warrant, subpoena, or court order. Unauthorized access to or disclosure of CURES data constitutes a misdemeanor.
SB 497 coordinates with AB 82 concerning amendments to the Health and Safety Code made by both bills.
SB 497 took effect immediately on October 13, 2025, as urgency legislation.
(SB 497 amends Sections 56.109 of the Civil Code, Sections 2029.300 and 2029.350 of the Code of Civil Procedure, Section 11165 of the Health and Safety Code, and Section 1326 of the Penal Code.)