Text of WA SB 5632 (2025)

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 Senator Hansen 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 p. 2 SB 5632 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; or 33 (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 p. 3 SB 5632 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 p. 4 SB 5632 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 --- END --- p. 5 SB 5632

CERTIFICATION OF ENROLLMENT SENATE BILL 5632 Chapter 248, Laws of 2025 69th Legislature 2025 Regular Session PROTECTED HEALTH CARE SERVICES—LAWS OF OTHER STATES—CONFIDENTIALITY EFFECTIVE DATE: July 27, 2025 Passed by the Senate March 4, 2025 Yeas 30 Nays 19 DENNY HECK President of the Senate Passed by the House April 12, 2025 Yeas 58 Nays 36 LAURIE JINKINS Speaker of the House of Representatives CERTIFICATE I, Sarah Bannister, Secretary of the Senate of the State of Washington, do hereby certify that the attached is SENATE BILL 5632 as passed by the Senate and the House of Representatives on the dates hereon set forth. SARAH BANNISTER Secretary Approved May 12, 2025 3:23 PM FILED May 14, 2025 BOB FERGUSON Governor of the State of Washington Secretary of State State of Washington 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 SENATE BILL 5632 Passed Legislature - 2025 Regular Session 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.SL 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 p. 2 SB 5632.SL 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; or 33 (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 p. 3 SB 5632.SL 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 p. 4 SB 5632.SL 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 Passed by the Senate March 4, 2025. Passed by the House April 12, 2025. Approved by the Governor May 12, 2025. Filed in Office of Secretary of State May 14, 2025. --- END --- p. 5 SB 5632.SL