(C) Idaho Capital Sun This story was originally published by Idaho Capital Sun and is unaltered. . . . . . . . . . . How Washington’s ‘shield law’ protects abortion patients coming from other states [1] ['Grace Deng', 'More From Author', '- July'] Date: 2023-07-04 A year after the federal right to abortion in the United States was overturned by the Supreme Court, Washington state Democrats have not only expanded access to abortion rights for residents there — they’ve attempted to protect out-of-state patients from legal action in their home states. In April, Democratic Gov. Jay Inslee signed a suite of bills intended to expand access to abortion. One of those, House Bill 1469, shields patients from criminal investigations in their home states if they travel to Washington for abortion care. There are signs that more patients are crossing into Washington, especially from Idaho, for the medical procedure. Here’s everything you need to know about Washington’s “shield law.” How does the Washington law work? Under the new law, Washington courts and law enforcement are not allowed to issue or enforce subpoenas, aid criminal investigations or make arrests at the request of other states looking for “documents, information, or testimony” related to “protected health services,” which include reproductive health care and gender-affirming care. Need to get in touch? Have a news tip? CONTACT US Washington will also not comply with extraditions requested from other states. Businesses in the state are barred from complying with requests for information and subpoenas from other states — so for instance, messaging providers in the state wouldn’t be allowed to give investigators text messages and other electronic data. (A different law signed by Inslee, House Bill 1155, protects consumer data on location and reproductive health, like menstrual cycle information from period apps.) Even if another state attempts to file a civil lawsuit, Washington will allow people to recover up to $10,000 in damages by filing countersuits. Is this law needed? How many patients are traveling to Washington from other states? While exact numbers of out-of-state patients since the fall of Roe v. Wade are not available, abortion providers in the state have reported a rise in out-of-state patients. Figures from Planned Parenthood of Greater Washington and North Idaho, which Washington U.S. Sen. Maria Cantwell’s office distributed on June 23, show that from January to May this year, compared to the same time frame last year, out-of-state abortion patients at 11 central and eastern Washington clinics increased 36% to 398 from 293. Patients at those clinics coming from neighboring Idaho, where a near-total abortion ban went into effect last August, rose 56% to 301 from 193. But it’s difficult to surmise exactly how many patients have recently sought abortions in Washington. Patients aren’t required to give their home addresses to clinics. New laws criminalizing abortion in Idaho and other anti-abortion states mean patients are often not sure what the rules are, so they’re often unwilling to give their home addresses to medical providers, according to Mack Smith, a Planned Parenthood Alliance Advocates spokesperson. “This causes many patients to put the local address they are staying at as their home address or in some cases, even our health center address,” Smith said. If a patient’s home state has laws that criminalize seeking out-of-state abortion care, will Washington’s law still protect them? Traveling to another state for an abortion isn’t regulated in most states. However, in April, Idaho became the first state to criminalize out-of-state abortions. Under the state’s law, helping a minor receive an abortion in another state is a felony punishable by two to five years in prison. While patients will be protected from prosecution once they cross the border, any actions that are taken in Idaho to prepare for out-of-state travel are illegal. That includes driving a pregnant minor to the border, providing out-of-state referrals to abortion providers and even handing a minor money used to travel across the border. Washington’s shield law would make it more difficult for Idaho prosecutors to build a case, and it’s legal for Idaho patients to receive an abortion in another state like Washington. However, there may still be severe repercussions for patients’ families and providers in Idaho. Other anti-abortion states, like Missouri, have also proposed restricting out-of-state travel, potentially setting up legal clashes between states. Does the shield law offer protections to providers and loved ones? Under HB 1469, family members who reside with a person who received an abortion, health care providers and employees can apply in Washington to the secretary of state’s Address Confidentiality Program if they are a target of threats or harassment for providing abortions and other protected health care services. The shield law also bars witnesses from being compelled to testify in out-of-state cases. This protects family members and friends living in Washington from being required to testify in a case involving a patient they helped receive an abortion. The Washington State Standard, like the Idaho Capital Sun, is part of States Newsroom, a network of news bureaus supported by grants and a coalition of donors as a 501c(3) public charity. Washington State Standard maintains editorial independence. Contact Editor Bill Lucia for questions: [email protected]. Follow Washington State Standard on Facebook and Twitter. 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