§ 1439.50. — 1439.50. (Added by Stats. 2017, Ch. 483, Sec. 3.)

California § 1439.50.

• Jurisdiction: California
• Code HSC: Health and Safety Code - HSC
• Div. 2.: DIVISION 2. LICENSING PROVISIONS
• Ch. 2.45.: CHAPTER 2.45. Lesbian, Gay, Bisexual, and Transgender Long-Term Care Facility Residents’ Bill of Rights

Text

For the purposes of this chapter, the following definitions shall apply:
(a)
“Gender expression” has the same meaning as defined in Section 51 of the Civil Code.
(b)
“Gender identity” means a person’s identity based on the individual’s stated gender identity, without regard to whether the self-identified gender accords with the individual’s physical appearance, surgical history, genitalia, legal sex, sex assigned at birth, or name and sex, as it appears in medical records, and without regard to any contrary statement by any other person, including a family member, conservator, or legal representative. An individual who
lacks the present ability to communicate his or her gender identity shall retain the gender identity most recently expressed by that individual.
(c)
“Gender-nonconforming” means a person whose gender expression does not conform to stereotypical expectations of how a man or woman should appear or act.
(d)
“LGBT” means lesbian, gay, bisexual, or transgender.
(e)
“Long-term care facility” or “facility” includes facilities listed in Section 1418 of this code and subdivision (b) of Section 9701 of the Welfare and Institutions
Code.
(f)
“Long-term care facility staff” or “facility staff” means all individuals employed by or contracted directly with the facility.
(g)
“Resident” means a resident or patient of a long-term care facility.
(h)
“Transgender” means a person whose gender identity differs from the person’s assigned or presumed sex at birth.
(i)
“Transition” means to undergo a process by which a person changes physical sex characteristics or gender expression to match the person’s inner sense of being male or female. This process may include, among other things, a name change, a change in preferred pronouns, and a change in social gender expression, as
indicated by hairstyle, clothing, and restroom use. Transition may or may not include hormone use and surgery.

Legislative History

Added by Stats. 2017, Ch. 483, Sec. 3. (SB 219) Effective January 1, 2018.