California § 8310.8

§ 8310.8.

(a) (1) This section shall only apply to the following state entities: (A) The State Department of Health Care Services. (B) The State Department of Public Health. (C) The State Department of Social Services. (D) The California Department of Aging. (E) The State Department of Education and the Superintendent of Public Instruction, except this section shall not apply to the California Longitudinal Pupil Achievement Data System (CALPADS). (F) The Commission on Teacher Credentialing. (G) The Civil Rights Department. (H) The Labor and Workforce Development Agency. (I) The Department of Industrial Relations. (J) The Employment Training Panel. (K) The Employment Development Department, except this section shall not apply to the unemployment insurance program within the department. (L) The State Department of State Hospitals. (M) The Department of Rehabilitation. (N) The State Department of Developmental Services. (O) The Department of Community Services and Development. (2) This section shall be known, and may be cited, as the Lesbian, Gay, Bisexual, Transgender, and Intersex Disparities Reduction Act. (b) (1) Except as specified in paragraph (2), in addition to the duties imposed by Section 8310.5 and to the extent permissible by federal law, the state entities identified in subdivision (a), in the course of collecting demographic data directly or by contract as to the ancestry or ethnic origin of Californians, shall collect voluntary self-identification information pertaining to sexual orientation, gender identity, and variations in sex characteristics/intersex status (SOGISC). (2) The state entities identified in subdivision (a) may, but are not required to, collect demographic data pursuant to this section under either of the following circumstances: (A) Pursuant to federal programs or surveys, whereby the guidelines for demographic data collection categories are defined by the federal program or survey. (B) Demographic data are collected by other entities including: (i) State offices, departments, and agencies not included in subdivision (a). (ii) Surveys administered by third-party entities and the state department is not the sole funder. (iii) Third-party entities, including, but not limited to, private employers, that provide aggregated data to a state department. (3) Notwithstanding paragraph (2), the State Department of Public Health shall collect demographic data pursuant to this section from third parties, including, but not limited to, local health jurisdictions, on any forms or electronic data systems, unless prohibited by federal or state law. This section does not require either of the following: (A) The State Department of Public Health to collect demographic data pursuant to this section from an individual under 18 years of age who is applying for, or participating in, the California Special Supplemental Nutrition Program for Women, Infants, and Children. (B) Health care providers or other third parties to collect, disclose, or report information that is not voluntarily provided self-identification information pertaining to SOGISC. (c) (1) The state entities identified in subdivision (a) shall report to the Legislature the data collected pursuant to this section and the method used to collect those data, and make the data available to the public in accordance with state and federal law, except for personal identifying information, which shall be deemed confidential and shall not be disclosed. (2) The state entities identified in subdivision (a) shall not report demographic data that would permit identification of individuals or would result in statistical unreliability. Demographic reports on data collected pursuant to this section, to prevent identification of individuals, may aggregate categories at a state, county, city, census tract, or ZIP Code level to facilitate comparisons and identify disparities. (3) The state entities identified in subdivision (a) may use information voluntarily provided about SOGISC only for demographic analysis, coordination of care, quality improvement of its services, conducting approved research, fulfilling reporting requirements, and guiding policy or funding decisions. All information about SOGISC collected pursuant to this section shall be used only for purposes specified in this section. (d) (1) The state entities identified in subparagraphs (A) to (D), inclusive, of paragraph (1) of subdivision (a) shall comply with the requirements of this section as early as possible following the effective date of this section, but no later than July 1, 2018, except as specified in paragraph (2). (2) For purposes of data collected pursuant to paragraph (3) of subdivision (b), the State Department of Public Health shall comply with the requirements of this section as early as possible but no later than March 28, 2029. (e) The state entities identified in subparagraphs (E) to (K), inclusive, of paragraph (1) of subdivision (a) shall comply with the requirements of this section as early as possible following the effective date of this section, but no later than July 1, 2019. (f) The state entities identified in subparagraphs (L) to (O), inclusive, of paragraph (1) of subdivision (a) shall comply with the requirements of this section as early as possible following January 1, 2025, but no later than July 1, 2026.