REPRODUCTIVE AND TRANSGENDER CARE PROTECTIONS (S 2538)

Senate 37-3 approved and sent to the House legislation that would strengthen health care protections in the Bay State. The bill is designed to fortify protections for people seeking and providing reproductive and transgender care.

The legislation would prohibit state agencies and law enforcement from cooperating with other states or federal investigations into legally protected reproductive or transgender health care provided in Massachusetts. Under the bill, businesses that manage electronic health information would similarly be limited in sharing patient data connected to these services.

Other provisions would allow prescriptions to be issued with the name of a healthcare practice rather than an individual practitioner; exclude certain reproductive and gender-affirming medications from the state’s drug monitoring programs; limit third-party access to related medical records; enhance license protections for attorneys and anyone providing reproductive or transgender health care services; and forbid insurance companies from discriminating against or penalizing providers who offer reproductive and transgender health services.

“As we face new, more unpredictable threats from a hostile federal government that is targeting those engaged in care that is legally protected under Massachusetts law, we must again stand up to defend our autonomy and the rights of Massachusetts residents,” said Sen. Cindy Friedman (D-Arlington). “The passage of the [the bill] upholds the Senate’s commitment to always keep the health and safety of Massachusetts residents at the forefront of our work.”

“With today’s vote, Massachusetts is reinforcing its legacy of safeguarding abortion care despite ever-evolving and escalating efforts from a hostile federal administration to empower anti-abortion extremists and undermine access to reproductive health care and our fundamental right to bodily autonomy nationwide,” said Rebecca Hart Holder, President of Reproductive Equity Now.

“Abortion and gender-affirming care providers and patients are under escalating attacks, facing lawsuits, harassment and intimidation by hostile states around the country,” said Carol Rose, Executive Director of the ACLU of Massachusetts. “Massachusetts has long recognized that access to these forms of health care is essential – for our health, our families and our bodily autonomy. This legislation builds on our state’s already-strong shield law protections in a time of tremendous urgency.”

“This bill is looking to solve a problem that doesn’t exist and in doing so actually creates problems,” said Sen. Ryan Fattman (R-Sutton), one of only three senators to vote against the bill. “For example, the bill prevents the disclosure of health information when requested by other states even during criminal investigations. If a child is raped by a family member and then trafficked to Massachusetts for abortion services, this bill would allow the commonwealth of Massachusetts to prohibit outside agencies from obtaining any information that may be germane to a criminal investigation. The bill also calls into question parental rights and custodial issues regarding minors from out of state who are seeking healthcare services unbeknownst to their parents.”

Sens. Kelly Dooner (R-Taunton) and Pater Durant (R-Spencer), the only other members who voted against the proposal, did not respond to repeated requests by Beacon Hill Roll Call asking them to explain why they opposed the legislation.

(A “Yes” vote is for the bill. A “No” vote Is against it.)

Sen. Patricia Jehlen Yes

One thought on “REPRODUCTIVE AND TRANSGENDER CARE PROTECTIONS (S 2538)”

  1. Why don’t they pass a law protecting girls from transgeners from using the same bathrooms to rape them?

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