Confidentiality/interstate

AN ACT Relating to protecting the confidentiality of records and 1
information that may be relevant to another state's enforcement of 2
its laws; and amending RCW 7.115.010 and 7.115.020.3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:4
Sec. 1. RCW 7.115.010 and 2023 c 193 s 2 are each amended to 5
read as follows: 6
The definitions in this section apply throughout this chapter 7
unless the context clearly requires otherwise. 8
(1) "Aggrieved party" means a person against whom an underlying 9
action is commenced based on the aggrieved party's provision, 10
receipt, attempted provision or receipt, assistance in the provision 11
or receipt, or attempted assistance in the provision or receipt of 12
protected health care services. 13
(2) "Assistance" means any action to help, aid, or support the 14
provision or receipt of protected health services including, but not 15
limited to, providing financial, logistical, informational, or travel 16
support to facilitate access to protected health services.17
(3) "Gender-affirming treatment" means health services or 18
products that support and affirm an individual's gender identity, 19
including social, psychological, behavioral, and medical or surgical 20
interventions. Gender-affirming care services include, but are not 21
S-0391.3
SENATE BILL 5632
State of Washington 69th Legislature 2025 Regular Session
By Senators Hansen, Hasegawa, Saldaña, Stanford, Trudeau, and Valdez
Read first time 02/03/25. Referred to Committee on Law & Justice.
p. 1 SB 5632
limited to, evaluation and treatments for gender dysphoria, gender-1
affirming hormone therapy, and gender-affirming surgical procedures.2
(((3))) (4) "Protected health care services" means gender-3
affirming treatment and reproductive health care services that are 4
lawful in the state of Washington. 5
(((4))) (5) "Reproductive health care services" means all 6
services, care, or products of a medical, surgical, psychiatric, 7
therapeutic, mental health, behavioral health, diagnostic, 8
preventative, rehabilitative, supportive, counseling, referral, 9
prescribing, or dispensing nature relating to the human reproductive 10
system including, but not limited to, all services, care, and 11
products relating to pregnancy, assisted reproduction, contraception, 12
miscarriage management, or the termination of a pregnancy, including 13
self-managed terminations. 14
(((5))) (6) "Underlying action" means a civil, criminal, or 15
administrative proceeding, or any proceeding preliminary thereto.16
Sec. 2. RCW 7.115.020 and 2023 c 193 s 13 are each amended to 17
read as follows: 18
(1) It is the public policy of Washington to protect the 19
provision of protected health care services that are lawful in the 20
state of Washington by a person duly licensed under the laws of the 21
state of Washington and the provision of insurance coverage for such 22
services regardless of the location of the person receiving the 23
services. 24
(2) A law of another state that authorizes the imposition of 25
civil or criminal penalties or liability related to the provision, 26
receipt, attempted provision or receipt, assistance in the provision 27
or receipt, or attempted assistance in the provision or receipt of 28
protected health care services that are lawful in the state of 29
Washington is against the public policy of this state. Accordingly:30
(a) A state court, judicial officer, court employee or clerk, or 31
public employee or official shall not issue or effectuate a warrant 32
for the arrest of any person in connection with the provision, 33
receipt, attempted provision or receipt, assistance in the provision 34
or receipt, or attempted assistance in the provision or receipt of 35
protected health care services that are lawful in the state of 36
Washington and a state or local law enforcement agency or officer 37
shall not effectuate such a warrant or knowingly arrest, or knowingly 38
participate in the arrest of, any person for the provision, receipt, 39
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attempted provision or receipt, assistance in the provision or 1
receipt, or attempted assistance in the provision or receipt of such 2
protected health care services. 3
(b) A state or local agency, commission, board, or department, or 4
any employee or agent thereof, acting in their official capacity, 5
shall not cooperate with or provide information to any individual, 6
agency, commission, board, or department from another state or, to 7
the extent permitted by federal law, to a federal law enforcement 8
agency, for the purpose of enforcing another state's law or an 9
investigation related to another state's law that asserts criminal or 10
civil liability for the provision, receipt, attempted provision or 11
receipt, assistance in the provision or receipt, or attempted 12
assistance in the provision or receipt of protected health care 13
services that are lawful in the state of Washington.14
(c) A state court, judicial officer, court employee or clerk, or 15
attorney shall not issue a subpoena, warrant, court order, or other 16
civil or criminal legal process pursuant to any state law in 17
connection with a proceeding in another state related to the 18
provision, receipt, attempted provision or receipt, assistance in the 19
provision or receipt, or attempted assistance in the provision or 20
receipt of protected health care services that are lawful in the 21
state of Washington. 22
(d)(i) A business entity that is incorporated, or has its 23
principal place of business, in Washington that provides electronic 24
communication services as defined in RCW 9.73.260 may not:25
(A) Knowingly provide records, information, facilities, or 26
assistance in response to a subpoena, warrant, court order, or other 27
civil or criminal legal process that relates to an investigation 28
into, or the enforcement of, another state's law that asserts 29
criminal or civil liability for the provision, receipt, attempted 30
provision or receipt, assistance in the provision or receipt, or 31
attempted assistance in the provision or receipt of protected health 32
care services that are lawful in the state of Washington; or33
(B) Comply with a subpoena, warrant, court order, or other civil 34
or criminal legal process for records, information, facilities, or 35
assistance related to protected health care services that are lawful 36
in the state of Washington unless the subpoena, warrant, court order, 37
or other civil or criminal legal process includes, or is accompanied 38
by, an attestation, made under penalty of perjury, stating that the 39
subpoena, warrant, court order, or other civil or criminal legal 40
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process does not seek documents, information, or testimony relating 1
to an investigation into, or the enforcement of, another state's law 2
that asserts criminal or civil liability for the provision, receipt, 3
attempted provision or receipt, assistance in the provision or 4
receipt, or attempted assistance in the provision or receipt of 5
protected health care services that are lawful in the state of 6
Washington. Any false attestation submitted under this section is 7
subject to a statutory penalty of $10,000 per violation. Submission 8
of such attestation subjects the attester to the jurisdiction of the 9
courts of Washington state for any suit, penalty, or damages arising 10
out of a false attestation under this section. 11
(ii) Any business entity described in (d)(i) of this subsection 12
that is served with a subpoena, warrant, court order, or other civil 13
or criminal legal process described in (d)(i) of this subsection is 14
entitled to rely on the representations made in an attestation 15
described in (d)(i) of this subsection in determining whether the 16
subpoena, warrant, court order, or other civil or criminal legal 17
process relates to an investigation into, or the enforcement of, 18
another state's law that asserts criminal or civil liability for the 19
provision, receipt, attempted provision or receipt, assistance in the 20
provision or receipt, or attempted assistance in the provision or 21
receipt of protected health care services that are lawful in the 22
state of Washington. If an attestation described in (d)(i) of this 23
subsection is absent or incomplete, the business entity shall notify 24
the attorney general's office of its receipt of the subpoena, 25
warrant, court order, or other civil or criminal legal process unless 26
the entity is prohibited by law or court order from providing notice.27
(3) Nothing in this section prohibits the investigation of any 28
criminal activity in this state that may involve the alleged 29
provision, receipt, attempted provision or receipt, assistance in the 30
provision or receipt, or attempted assistance in the provision or 31
receipt of protected health care services occurring in the state of 32
Washington. Any information relating to any protected health care 33
services provided to a specific individual shall not be shared with 34
an agency, department, or individual from another state for the 35
purpose of investigating or enforcing another state's law that 36
asserts criminal or civil liability for the provision, receipt, 37
attempted provision or receipt, assistance in the provision or 38
receipt, or attempted assistance in the provision or receipt of 39
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protected health care services that are lawful in the state of 1
Washington. 2
(4) A state court, judicial officer, court employee or clerk, or 3
public employee or official shall not apply to a case or controversy 4
heard in state court any law that is contrary to this state's public 5
policy as described in this section. 6
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