Shield Law for healthcare workers, patients winning support

As reproductive health access becomes increasingly restricted across the country, expanding Washington’s law that protects patients and healthcare workers is becoming more important, supporters of the law say.

Since the U.S. Supreme Court overturned Roe v. Wade in 2022, women from Idaho, Florida, Texas and Ohio have traveled to Washington for access to reproductive health care, and some worried out-of-state authorities would seek legal avenues to stop people from being treated here.

In 2023, the state adopted the Shield Law to protect medical professionals and patients from out-of-state legal action.

“We are not going to be cooperative in efforts to harass or imprison people in Washington State for exercising rights that are legal and protected,” Sen. Drew Hansen, D-Bainbridge Island, said.

Hansen said he introduced SB 5632 to clarify and expand specific areas of the 2023 Shield Law. It prohibits state and local authorities from aiding in out-of-state enforcement related to health services that remain legal in Washington. This includes refusing to issue warrants, subpoenas or court orders based on other states conflicting health care laws.

“There are deep concerns about hostile actors who may try to go after people like me, for providing practical support to a person getting an abortion,” said Elsie Elling, political and policy strategist with Service Employees International Union Local 503. “Now that we have a federal administration that is also hostile to abortion access, this extra protection is needed now more than ever.” 

The bill was approved by the Senate with a 30-19 vote. 

Sen Jeff Holy, R-Cheney, voted against the bill. Holy referenced an Idaho statute that says anyone who helps a minor obtain an abortion, without the consent of a parent or guardian, can face two to five years in prison, regardless of where the procedure takes place. 

He said he believes the protection of medical records for legal procedures in Washington is not important if it interferes with another states’ ability to prosecute their laws. The bill further restricts parental involvement, he added.

Idaho’s statute directly conflicts with Washington law which allows minors to get an abortion without parental or guardian consent. 

Hansen said Idaho’s law was not considered in drafting SB 5632. He said the new amendments provide more clarity, and while the Shield Law has not faced any challenges, it doesn’t hurt to fine tune and add protections. 

“This bill would strengthen the Shield Law, providing protections beyond providers and patients and increase the dignity of patients’ health care experiences,” said Chris Smith, a doula and senior operations manager at Pro Choice Washington. 

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