Fact Sheet

Shield Laws for Reproductive and Gender-Affirming Health Care: A State Law Guide

August 2024

Many states have shield laws to protect patients and providers of reproductive and gender-affirming health care. This guide, created by UCLA’s Center for Reproductive Health, Law, and Policy in partnership with the Williams Institute, provides a comprehensive analysis of the protections provided in each state’s shield law.

AUTHORS
  • Amanda Barrow
    Senior Staff Attorney, Center for Reproductive Health, Law, and Policy
  • Carley Towne
    Programs & Communications Coordinator, Center for Reproductive Health, Law, and Policy

 

States seeking to preserve and expand access to abortion and gender-affirming care have passed shield laws that provide legal protections from punitive actions in other states. Currently, through legislation or executive order, 23 states and Washington, D.C. have shield law protections related to reproductive health care, and 17 states and Washington, D.C. have shield law protections related to gender-affirming health care.

The extent and type of protections offered by each state’s shield laws vary. Shield laws may include:

  • Protections against out-of-state investigations and prosecutions (including specific protections against extradition, arrests, search warrants, subpoenas, witness summons, and state agency assistance in out-of-state investigations or prosecutions)
  • Protections against professional discipline (including specific protections against adverse actions related to providers’ licenses, board discipline, and denial or restriction of facility privileges)
  • Protections against civil liability (including specific protections against the application or enforcement of another state’s laws or judgments in the shielding state’s courts and availability of a “clawback” action to recover damages from litigation in another state as a result of providing, receiving, or assisting in the provision of certain health care)
  • Protections related to professional liability insurance and health plans (including specific protections against an insurer’s refusal to issue insurance, increase in premiums, or denial of coverage based solely on providing protected care and protections for contracts with health plans and insurers)
  • Protection of medical information and other data related to reproductive or gender-affirming care (including specific protections against disclosure of medical information, location data, providers’ personal information, and data held by businesses providing electronic communications or reproductive health apps).
Shield Laws for Reproductive and Gender-Affirming Health Care: A State Law Guide