Maryland’s Trans Shield Act takes effect

Maryland has added gender-affirming care to its definition of legally protected health care, affirming its status as a sanctuary state for transgender people and healthcare providers. 

House Bill 691, also known as the Trans Shield Act, went into effect on Oct. 1, shielding patients and medical providers from out-of-state prosecution and investigations. It makes Maryland the 17th state to have shield law protections for gender-affirming health care, according to UCLA Law

A D.C. shield law took effect in 2022.

“This law empowers individuals to access healthcare without fear of repercussions, making gender-affirming healthcare accessible to all,” Lauren Pruitt, legal director of FreeState Justice, a Maryland LGBTQ advocacy group, said in a statement.

The Human Rights Campaign reports 26 states have passed bans on gender-affirming care, affecting 39.4 percent of trans youth living in the U.S. Six states classify providing certain types of gender-affirming care as a felony. 

The bill first passed in the Maryland Senate, where it was sponsored by state Sen. Clarence Lam (D-Arundel and Howard Counties), before the Maryland House of Delegates approved it in April. Democratic Gov. Wes Moore signed it into law in May.

By adding gender-affirming care to the state’s definition of legally protected health care, the law guarantees patients and providers protection against out-of-state subpoenas, warrants, civil liability, as well as extradition. It also protects health care providers from professional discipline, such as having their licenses revoked, for offering gender-affirming care.

Moore in 2023 signed bills that shield healthcare providers from liability if they help out-of-state patients receive an abortion and protect the medical privacy of those seeking out abortions.

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