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VERMONT SENATE PASSES H.89, ABORTION AND GENDER-AFFIRMING CARE ‘SHIELD BILL’

Submitted by AMoore@leg.sta… on
News

FOR IMMEDIATE RELEASE 
April 19, 2023

CONTACT: 
Ashley Moore
amoore@leg.state.vt.us

Senator Ginny Lyons
vlyons@leg.state.vt.us

Senator Nader Hashim
nhashim@leg.state.vt.us

VERMONT SENATE PASSES H.89, ABORTION AND GENDER-AFFIRMING CARE ‘SHIELD BILL’

MONTPELIER, VT –  Today the Senate gave final approval to H.89, known as the “shield bill,” which revises Vermont’s court procedures to protect providers of abortion or gender-affirming care to patients who reside in states where such care is restricted or illegal. It also protects access to safe and effective abortion medication regardless of federal approval. The bill passed third reading on a voice vote after having passed second reading on a vote of 26-4.

“Vermont has been loud and clear, even before the Dobbs decision, that we will choose to protect and preserve access to reproductive and gender-affirming healthcare as evidenced by codifying these rights in statute, resolutions and our constitution,” said Senator Hashim, vice chair of the Senate Committee on Judiciary and reporter of the bill. "Additionally, in light of recent litigation throwing into question access to safe abortion medication, today’s amendment will ensure that Vermonters can still access this medication regardless of SCOTUS's future ruling on its approval."

H.89 makes clear that interference with legally protected health care activity is against the public policy of Vermont and that access to reproductive and gender-affirming health care services are a legal right in Vermont. H.89 would protect those providing or seeking reproductive or gender-affirming care in Vermont from civil or criminal litigation arising from another state. Additionally, an amendment was added to the bill today in response to the U.S. Supreme Court’s current consideration of whether to revoke federal approval for mifepristone, a safe and effective drug commonly used for abortion care and miscarriage. The approved amendment would protect Vermonters’ access to this drug regardless of federal approval. 

“Last summer the Dobbs decision upended national understanding of reproductive autonomy and access to modern medical standards of care. Litigation now threatens access to safe and effective medication used for early pregnancy loss, miscarriage, abortion, and other reproductive care,” said Senator Ginny Lyons, chair of the Senate Health and Welfare Committee and lead sponsor of the amendment. “H.89 will protect Vermont’s reproductive and gender-affirming care providers and access to safe, effective and essential abortion medication.”

“In light of recent litigation threatening access to abortion medication, and in the wake of the Dobbs decision, state-level protections for abortion and gender-affirming care providers and patients have become even more critical,” said Senator Baruth. “H.89 makes clear that reproductive and gender-affirming care is a legal right in Vermont and that patients and providers will be protected. Full stop.”

The bill as passed the Senate will now be sent to the House for final consideration and approval. If the House concurs with the Senate proposal of amendment, it will be sent to the governor. 

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You can learn more about H.89, an act relating to civil and criminal procedures concerning legally protected health care activity, on the legislative website.