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Committee reports bill shielding in‑state providers and patients from other states' criminal actions over certain reproductive and gender‑affirming care

2150007 · January 23, 2025
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Summary

SB 1098, as amended, would limit cooperation with out‑of‑state attempts to extradite or enforce criminal penalties against Virginia providers and patients lawfully providing or obtaining reproductive or gender‑affirming health care under Virginia law. The committee adopted a substitute and reported the bill.

The Senate Committee on Education and Health adopted a substitute and reported SB 1098, the Virginia Reproductive and Gender‑Affirming Healthcare Protection Act, which aims to protect providers and patients who lawfully supply or obtain reproductive or gender‑affirming care in Virginia from out‑of‑state legal actions.

Senator Favola presented the substitute and said the bill "protects providers and individuals who are seeking care, and I believe it was for reproductive services as well as gender affirming care services from our licensed professionals who are abiding by Virginia law." The substitute was adopted by voice vote following a brief debate.

Committee members asked about interactions with parental‑rights provisions and other existing statutes; the chair and sponsors said the bill does not alter the underlying legality of medical services under Virginia law and does not change minor consent rules or other existing code provisions. Senator Durant asked whether the bill would conflict with parental‑rights statutes; counsel and sponsors stated the bill does not change those codes and would not alter existing legal rights of parents or minors.

The motion to report the bill, with the substitute, passed on a roll call recorded as 9‑6 in favor. Sponsors characterized the bill as providing protections for providers acting in compliance with Virginia law; dissenting senators raised constitutional and interstate legal‑comity questions. The committee sent the bill forward to the next stage of consideration with the substitute attached for further review.