On behalf of the California Office of Health Information Integrity (at the California Health and Human Services Agency), over the past eight years we have catalogued the California statutes that directly affect health information privacy and security. The most recent update covers laws through the first half of 2015. Currently, PLRI is updating the database to include laws through the current legislative session, and for the first time, including the laws of neighboring states as well as administrative regulations. The purpose of the database is to ensure that stakeholders are aware of the myriad of statutes that bear on privacy and security, as a necessary first step towards the next generation of electronic health information exchange. Knowledge of the laws of other states will prove useful in integrating California health information exchanges with others. Cross-references to administrative regulations will evidence those statutes that have prompted agency action, either due to vagueness in statutory language, or due to the sensitivity of health information practices in different subject areas. California Health Information Law Identification (CHILI) Search Tool.
In 2014, Hastings students Eric Dang ('15) and Itak Moradi ('15) authored Preparing California for Genetically Engineered Salmon. The U.S. Food and Drug Administration is on the verge of deciding whether to approve AquAdvantage transgenic salmon as the first genetically engineered (GE) animal product sold for human consumption in the United States. The report examines a spectrum of California’s regulatory options (including mandatory GE labeling requirements), assessing the obstacles posed by Federal preemption, the 1st Amendment and the Dormant Commerce Clause. The report was written in advance of a federal district court's invalidation of California's ban on foie gras in early 2015, holding that the federal Poultry Products Inspections Act preempts state law regulating the sale and distribution of foie gras; this judgment runs contrary to other federal courts, but would influence a California court's consideration of an analogous ban of GE salmon (ASSOCIATION DES ELEVEURS DE CANARDS ET D'OIES DU QUEBEC v. Harris, No. 2: 12-cv-5735-SVW-RZ (C.D. Cal. Jan. 7, 2015)).