AB540 would create voluntary 'first‑look' template aimed at protecting sensitive medical records

Assemblymember Connolly described AB540's 'first‑look' provision as a voluntary tool allowing sensitive medical records to be reviewed for privacy and relevance before being provided to opposing parties. "This can cause embarrassment and even fear tactics with sensitive health information concerning reproductive health, [psychiatric] care, and addiction treatment," Connolly said when explaining why the template is needed.

Mike Belote of the California Defense Counsel told the committee that health care providers often produce entire medical records in response to subpoenas, including material unrelated to the matter at hand. "Health care providers often send out the entire file that we subpoena, and it can include things that have nothing to do with the injury," Belote said, describing gynecological or mental‑health records appearing in otherwise unrelated cases. He said a voluntarily used template can give attorneys a practical way to preserve privacy while ensuring relevant evidence is available.

Belote said some attorneys already use informal first‑look arrangements with trusted colleagues; AB540 would provide a neutral, negotiable template for broader use. Both the author and witnesses emphasized the voluntary nature of the process; Tacker (Consumer Attorneys of California) thanked the committee for noting that voluntary aspect and said stakeholders could refine language in future sessions if needed.

The committee recorded support and moved to concur; the bill was reported out of committee. The transcript contains no sample text of the template itself; the bill text would need to be consulted for precise procedures and limits.