In 2023 the Washington Legislature passed Engrossed House Bill 1469, also known as the Shield Law, which protects those living in and out of the state from civil and criminal liability for receiving protected health services, like reproductive healthcare and gender-affirming care. Now, a bill that would strengthen the Shield Law, Senate Bill 5632, was recently passed by the Legislature and will be heading to Gov. Bob Ferguson's desk.

"The Shield Law restricts the ability for courts to issue, and law enforcement to enforce, subpoenas, warrants, criminal process, extradition, and other court orders for civil or criminal liability that is based on the provision or receipt of protected health care services," according to SB 5632.

Sponsored by Sen. Drew Hansen (D-23), it protects the confidentiality of a person's information and records that may be relevant or used in another state's enforcement of laws against reproductive healthcare and gender-affirming care.

Under this bill, Washington businesses are barred from complying with records subpoenas and requests for information. Furthermore, any requests for the issuance of a subpoena under the Uniform Interstate Depositions and Discovery Act – a standardized procedure for getting deposition testimony from witnesses who are away from local state courts – must include an attestation that notes whether documents, testimony, or information related to such protected health services in Washington is being sought.

Under SB 5632, court clerks must void subpoenas related to Washington's protected healthcare services. The bill also amends the definition of "assistance" to the Shield Law, which would be defined as "any action to help, aid, or support the provision or receipt of protected health services, including, but not limited to, providing financial, logistical, information, or travel support to facilitate access to protected health services."

"Once it's signed, the Shield Law, as it's called, will ensure that patients seeking medical care in our state and their helpers continue to be protected from out-of state investigations and punishment," stated the ACLU in a social media post.

Ultraviolet, a nonprofit dedicated to gender equality, shared its excitement on social media after the bill passed through the Senate. Ultraviolet noted how it partnered with Accountable Tech and Fight for the Future to encourage Democrats to pass the bill as a proactive way to protect communities.

"Washington is setting an example of how all states, but especially Dem-trifecta states, can use state law and policy to not just play defense with this administration but aggressively and proactively promote the freedoms we all deserve," Ultraviolet said.