2009 California Civil Code - Section 3427-3427.4 :: Title 6. Interference With Access To Health Care

CIVIL CODE
SECTION 3427-3427.4

3427.  As used in this title:
   (a) "Aggrieved" means and refers to any of the following persons
or entities:
   (1) A person physically present at a health care facility when a
commercial blockade occurs whose access is obstructed or impeded.
   (2) A person physically present at a health care facility when a
commercial blockade occurs whose health care is disrupted.
   (3) A health care facility where a commercial blockade occurs, its
employees, contractors, or volunteers.
   (4) The owner of a health care facility where a commercial
blockade occurs or of the building or property upon which the health
care facility is located.
   (b) "Commercial blockade" means acts constituting the tort of
commercial blockade, as defined in Section 3427.1.
   (c) "Disrupting the normal functioning of a health care facility"
means intentionally rendering or attempting to render a health care
facility temporarily or permanently unavailable or unusable by a
licensed health practitioner, the facility's staff, or patients.
"Disrupting the normal functioning of a health care facility" does
not include acts of the owner of the facility, an agent acting on
behalf of the owner, or officers or employees of a governmental
entity acting to protect the public health or safety.
   (d) "Health care facility" means a facility that provides health
care services directly to patients, including, but not limited to, a
hospital, clinic, licensed health practitioner's office, health
maintenance organization, diagnostic or treatment center,
neuropsychiatric or mental health facility, hospice, or nursing home.

3427.1.  It is unlawful, and constitutes the tort of commercial
blockade for a person, alone or in concert with others, to
intentionally prevent an individual from entering or exiting a health
care facility by physically obstructing the individual's passage or
by disrupting the normal functioning of a health care facility.

3427.2.  A person or health care facility aggrieved by the actions
prohibited by this title may seek civil damages from those who
committed the prohibited acts and those acting in concert with them.

3427.3.  The court having jurisdiction over a civil proceeding under
this title shall take all steps reasonably necessary to safeguard
the individual privacy and prevent harassment of a health care
patient, licensed health practitioner, or employee, client, or
customer of a health care facility who is a party or witness in the
proceeding, including granting protective orders. Health care
patients, licensed health practitioners, and employees, clients, and
customers of the health care facility may use pseudonyms to protect
their privacy.

3427.4.  This title shall not be construed to impair any
constitutionally protected activity or any activities protected by
the labor laws of this state or the United States of America.


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