Abortion and Reproductive Health

In light of the U.S. Supreme Court's decision in Dobbs v. Jackson Women's Health Organization overturning Roe v. Wade, during the 2023 legislative session the WSMA will seek the Legislature's support for efforts to strengthen and expand our state's existing abortion protections for patients and health care professionals.

2023 Issue Brief: Abortion and Reproductive Health

Abortion services remain legal in Washington despite the Supreme Court's ruling in Dobbs v. Jackson Women's Health Organization that eliminated the federal constitutional right to abortion. However, many states like Idaho and Texas have since implemented restrictions or bans on abortion care resulting in a patchwork of legality across states that has created uncertainty and new liabilities for patients and health care professionals.

WSMA policy recognizes abortion as an essential part of comprehensive medical care, as well as the right of physicians to include abortion as part of their practice and of patients seeking to access the full spectrum of reproductive health care services. As the national landscape continues to evolve from the fallout of Dobbs, the Legislature must strengthen and expand our state's existing abortion protections for Washington patients and health care professionals and those coming here from restricted states.

In 2023, we will ask the Legislature to support the following protections:

Shield law: House Bill 1469/Senate Bill 5489 would establish liability protections for patients and health care professionals from criminal and civil actions based on the provision of abortion care. The bill would prohibit law enforcement from participating in investigations and the courts from imposing penalties of other states. Health care professionals would also become eligible for the state's Address Confidentiality Program. These protections would also extend to gender-affirming care services.

Medical license protections: House Bill 1340/Senate Bill 5400 would specify that unprofessional conduct under our state's Uniform Discipline Act does not include the provision of abortion care in a state or for a patient who resides in a state where such services are prohibited, for the purpose of Washington state licensure and discipline. These protections would also extend to gender-affirming care services.

Patient cost-sharing: House Bill 1115/Senate Bill 5242 would prohibit copays, deductibles, and other cost-sharing requirements on abortion services.

Fertility services coverage: House Bill 1151/Senate Bill 5204 would require commercial and state employee health plans to include coverage for the diagnosis and treatment of infertility as well as for standard fertility preservation services.

Constitutional amendment: Senate Joint Resolution 8202/House Joint Resolution 4201 would enshrine legal access to abortion and contraception in the Washington state constitution. This process requires a two-thirds majority vote in both the House and Senate as well as voter approval.

Funding: In response to the increase of patients seeking care in Washington, additional funding is needed to stabilize the state's existing abortion provider network, assist patients seeking care, expand workforce development and staffing capacity, and invest in security infrastructure.

In 2023, we will ask the Legislature to oppose the following restrictions or other efforts:

Abortion restrictions: Attempting to limit abortion services by imposing medically unnecessary requirements on patients and their health care professionals does not result in fewer abortions, it only creates delays, compounds the risk of health complications, and increases costs to accessing care.

Consolidation: Senate Bill 5241/House Bill 1263 would seek to limit the ability of physician organizations and other health care facilities from entering into material change agreements such as mergers, sales, and affiliations. While the WSMA shares the goal of advocates of the legislation in ensuring access to a full spectrum of health care services, the complexities and financial realities of modern medicine often require operating at scale, which necessitates consolidation. Without such flexibilities, the viability of physician organizations and the entire range of services they provide in their communities could be jeopardized and ultimately lost.

More information

Contact Sean Graham, WSMA government affairs director, at sean@wsma.org or Alex Wehinger, WSMA associate director of legislative and political affairs, at alex@wsma.org.