State Senate passes bill strengthening patient privacy from hostile out-of-state inquiries

In a move to further protect individuals seeking reproductive and gender-affirming care, state Senate Democrats passed a divisive bill in response to increasing efforts by other states to gain access to the patient information of individuals seeking an abortion or gender care in Washington.

The bill passed on a straight party-line vote, 30-19, on Tuesday, with all Senate Republicans voting against it.

SB 5632 extends the protections originally set forth in the state’s 2023 Shield Law and is seen as a direct response to ongoing efforts by other states to restrict travel for abortion and gender-affirming services. That law prohibited Washington businesses from complying with subpoenas, warrants, or legal orders from other states that sought to enforce laws related to these protected services.

SB 5632 extends these protections by specifying that government agencies and their employees, as well as businesses providing electronic communication services, must not cooperate with or share information with out-of-state authorities investigating individuals seeking or providing abortion or gender-affirming care that is legal in Washington.

Senator Drew Hansen (D-Paulsbo), the prime sponsor of the bill, explained that this measure addresses concerns identified since the passage of the original Shield Law. These concerns include clarifying the definition of “assistance” and ensuring that businesses and government agencies notify the Attorney General’s Office if a subpoena lacks the required “attestation” or documentation of proof.

Hansen emphasized that these updates were developed with input from legal experts and providers involved in reproductive and gender-affirming care.

“There were some relatively minor workability concerns with the original law,” Hansen said. “But this bill strengthens protections to ensure that people’s health care information remains private and that we can continue to protect those who provide services for people coming from states where they can’t access care.”

But Republicans, en masse, voted against it, partly because it would block parents from getting information about their minor children seeking gender-affirming care with state protection.

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Bill to protect reproductive and gender-affirming care

During the bill’s public hearing on February 10, Matthew Jackmond, a concerned taxpayer, called gender-affirming care “non-scientific” and argued that the state should not fund or support procedures he views as unnecessary.

“This type of spending has contributed to the financial crisis our state is in,” Jackmond said, adding that gender dysphoria should not be treated with medical procedures.

Elsie Elling, a volunteer with a practical support organization for people seeking abortion care, testified that individuals traveling from out of state, including from Idaho, Texas, Ohio, and Florida, often face fear and anxiety.

“We need this extra protection more than ever,” she said. “Senate Bill 5632 would give us peace of mind as we continue to support people seeking care.”

Chris Smith, a full-spectrum doula, added that the bill would offer protections not just for patients but for caregivers who assist individuals seeking care in Washington.

“Since the overturn of Roe v. Wade, the number of patients I serve from states with bans has increased exponentially,” Smith said. “We need this bill to ensure that caregivers like myself can continue to provide care without the fear of criminalization.”

In response to questions raised during the public hearing, Adam Eitmann from the Washington State Attorney General’s Office clarified the bill’s narrow focus on ensuring that subpoenas for health care information do not violate patient privacy.

“If a subpoena is missing the required attestation, it raises red flags,” Eitmann said. “This gives the Attorney General’s Office an opportunity to intervene and protect sensitive health information.”

Former President Donald Trump has taken actions targeting Washington State’s protections for gender-affirming care. On January 28, he signed Executive Order 14187, titled “Protecting Children from Chemical and Surgical Mutilation.” This order aimed to prevent gender-affirming care for individuals under 19 by withholding federal funding from institutions providing such treatments.

In response, Washington State, along with Oregon and Minnesota, filed a lawsuit in the federal District Court for the Western District of Washington to block the enforcement of this executive order. The lawsuit argued that the order violated the equal protection rights of transgender individuals under the Fifth Amendment and infringed upon states’ rights by attempting to criminalize medical practices.

Additionally, on February 13, a federal judge in Seattle issued a temporary restraining order preventing the Trump administration from withholding federal funds from hospitals providing gender-affirming care to minors. This ruling allowed healthcare providers in Washington State to continue offering essential services to transgender youth without the threat of losing federal support.

SB 5632 now heads to the House for its consideration. If signed into law, SB 5632 will take effect 90 days after the legislative session concludes.

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