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Washington State is Safe(r) With Shield Laws

  • May 5, 2023

Governor Inslee signed shield law bills into law on April 27, 2023!

Gov. Jay Inslee signed five bills that will protect access to a common abortion medication; enhance data privacy for people who share their health information with third party apps; protect Washington patients and providers who may face legal threats from other states; protect providers’ licenses; and eliminate out-of-pocket costs to make abortion access more equitable.

Washington State Governor’s Office

HB 1469: Shield Law Protects Patients and Providers

Inslee signed Rep. Drew Hansen’s Shield Law, HB 1469. The bill prohibits compliance with out-of-state subpoenas related to abortion and gender affirming care services; prevents cooperation with out-of-state investigations; bans extraditions related to abortion and gender affirming care services that occur legally in Washington; and protects providers from harassment for providing these services.

Washington State Governor’s Office

That’s right! This law:

  • protects patients traveling to WA for abortion or gender affirming care
  • protects patients and providers from out-of-state subpoenas about protected healthcare
  • creates protections for patients and their families, and providers from harassment related to protected healthcare

HB 1340: Shield Law Protects Provider Licenses

 …protects health providers from disciplinary action or having their licenses revoked for “unprofessional conduct” if the care provided follows state law, regardless of where their patient resides. Any provider punished under another state’s laws would not have their license denied in Washington as long as the service was lawfully provided here.

Washington State Governor’s Office

HB 1155: Strengthens Privacy Protections Around Health Data

The law requires companies to get explicit consent from a consumer to collect, share or sell the consumer’s health data. Additionally, companies are prohibited from geofencing particular locations to collect and sell data. Consumers can sue organizations that don’t get their explicit consent to use their data, and the attorney general can also take legal action on behalf of consumers.

Washington State Governor’s Office

A Growing Set of Ally States

States with shield laws (each state’s law is a little different):

  • California
  • Colorado
  • Connecticut
  • Ilinois
  • Massachusetts
  • Minnesota
  • New Jersey
  • New Mexico
  • Vermont
  • Washington

and

  • Washington, D.C.
Map of the United States of America highlighting states with shield laws for gender affirming care.  States with shield laws are colored blue, while states without shield laws are in gray. Source: erininthemorning.com | QueerDoc shield

States that are considering shield laws (CONTACT your legislators to encourage them to vote yes or sign up to give testimony)

  • Main
  • Nevada
  • New Jersey
  • New York
  • Oregon
  • Vermont

Passed in the WA Legislature, But Not Yet Signed:

SB 5599 Shield Law Protects Unhoused Teens Seeking Abortion or Gender Affirming Care From Mandatory Disclosure to Parents by Shelters

Once again, the indomitable Erin Reed has the deets:

Washington state’s House passed SB5599, a groundbreaking bill that would eliminate the compulsory parental notification requirement for licensed shelters and host homes housing runaways seeking gender-affirming care or abortion. This legislation, unprecedented in any state, signifies a significant advancement for transgender minors’ rights and those pursuing abortions. Previously, transgender runaway youths faced sleeping outdoors or engaging in perilous living situations because licensed shelters had to report them to their parents. If enacted, this bill would allow these youths to enter shelters and host homes without fear of being reported to their parents, preventing forced detransition or maintaining an unwanted pregnancy.

Erin Reed, Erin In The Morn Substack

Care Resources:

Terrific Resources for Terrible Times

Gender Affirming Care Should Be Everywhere! Getting Care in Other States

Getting Care At QueerDoc: Appointments


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*** Disclaimer

This blog is for entertainment, informational, and general educational purposes only and should not be considered to be healthcare advice or medical diagnosis, treatment or prescribing. The Content is not intended to be a substitute for professional medical care. Always seek the advice of your qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on this website.

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