Washington State Abortion Rights: Access and Legal Protections

Abortion is legal in Washington before fetal viability, and after viability when it is needed to protect the patient’s life or health. The state’s Reproductive Privacy Act, RCW 9.02.110, bars the state from interfering with that right. Washington has no waiting period, no parental consent requirement, and no residency requirement.

Those protections were not changed by the U.S. Supreme Court’s June 24, 2022 decision in Dobbs v. Jackson Women’s Health Organization, because Washington’s right rests on state law and a 1991 vote of the people, not on Roe v. Wade.

Where Washington’s Abortion Right Comes From

Washington was the first state to legalize abortion by popular vote. Voters approved Referendum 20 on November 3, 1970, by 599,959 to 462,174, three years before Roe. That law was narrow: it covered the first four lunar months and required 90 days of state residence.

The Washington Supreme Court struck down the law’s parental consent rule for unmarried minors in State v. Koome, 84 Wn.2d 901 (1975). Then in 1991, voters approved Initiative 120 on November 5 by 756,653 to 752,354, a margin of 4,299 votes. It became the Reproductive Privacy Act in chapter 9.02 RCW.

The Legislature reaffirmed and modernized the act in 2022 (2022 c 65). The update made the statute gender-neutral and wrote into law that nurse practitioners and other advanced practice clinicians can provide abortion care.

Timeline of Washington abortion law milestones from 1970 to 2026

What the Statute Allows and Prohibits

The viability line

RCW 9.02.110 says the state may not deny or interfere with a pregnant individual’s right to choose abortion before viability, or to protect the individual’s life or health. Viability, defined in RCW 9.02.170, is the point when the fetus has a reasonable likelihood of sustained survival outside the uterus without extraordinary medical measures. The clinician judges it on the facts of the case.

The statute sets no week count, so there is no fixed date on a calendar. After viability, the life-or-health exception applies, and the statute leaves the judgment to the treating clinician.

Who can provide care

Physicians, physician assistants, advanced registered nurse practitioners, and other providers acting within their scope of practice may perform abortions under RCW 9.02.110. The Department of Health also lists certified nurse midwives, and pharmacists for medication abortion only. The nursing title in the statute changes to “advanced practice registered nurse” on June 30, 2027, under 2024 c 239, with no change in who may provide care.

Penalties in chapter 9.02 RCW

A person who performs an abortion without authorization under RCW 9.02.110 commits a class C felony under RCW 9.02.120, which carries up to five years in prison and a $10,000 fine under RCW 9A.20.021. The same section bars the state from penalizing, prosecuting, or taking adverse action against a person over a pregnancy outcome, or against anyone who aids a person who consents to that help.

No Waiting Period, No Parental Consent

Washington has no mandatory waiting period, no scripted counseling, and no ultrasound requirement. Chapter 9.02 RCW contains none of them.

People of any age can choose or refuse an abortion in Washington, according to the Department of Health, and no consent from a parent, guardian, or partner is required. The legal root is Koome, which held that a state could not require unmarried minors to obtain parental consent.

Medication Abortion and Telehealth

Washington law allows medication abortion by telehealth. The Department of Health tells patients they can pick up mifepristone from a clinic or have it mailed after a visit with a provider. The FDA label covers mifepristone through 70 days of pregnancy, or 10 weeks.

The Washington Attorney General reports that the share of Washington abortions provided through telemedicine grew from 5% in 2022 to 27% in 2025.

The federal case that could change delivery

Federal rules, not Washington law, decide whether pills can be mailed. In Louisiana v. FDA, No. 26-30203, a Fifth Circuit panel ruled on May 1, 2026 that the FDA’s 2023 changes allowing telehealth prescribing and mail dispensing should be suspended nationwide. On May 14, 2026, the U.S. Supreme Court stayed that order while the appeal and any petition for review proceed.

The Fifth Circuit heard oral argument in September 2026 and has not ruled on the merits of the appeal. If a court later restricts mail dispensing, abortion stays legal in Washington, but patients could be required to pick up mifepristone in person.

The state’s pill stockpile

Washington keeps its own supply of abortion medication through the Department of Corrections, which holds a pharmacy license, under RCW 72.09.780. Chapter 52, Laws of 2026 (SB 5917) took effect March 14, 2026 and made three changes:

It removed the old rule that required sales at cost plus $5 per dose.
It added misoprostol to the definition of abortion medications.
It required the Department of Corrections to work with the Department of Health to get the medication to providers, with priority for bulk distribution.

The Washington State Standard reported that the state returned 30,000 expiring doses to the manufacturer in early 2026, which is the problem the bill was written to prevent.

Simple diagram of the telehealth medication abortion process with a note about the federal court case

What an Abortion Costs and Who Pays

Most Washington residents with state-regulated insurance owe nothing out of pocket for abortion. Under RCW 48.43.073, any state-regulated plan that covers maternity care must cover abortion, and a plan issued or renewed on or after January 1, 2024 may not impose cost sharing for it. Cost sharing includes copays, deductibles, and coinsurance.

Legislative testimony on SB 5242, the 2023 bill that created the no-cost-sharing rule, put the average out-of-pocket cost at $218 before the change.

Your coverage	What Washington requires	What to expect
State-regulated private plan	Must cover abortion if it covers maternity care	No cost sharing on plans issued or renewed on or after Jan. 1, 2024
HSA-qualified high-deductible plan	Cost sharing limited to the minimum needed to protect the plan’s tax status	You may owe part or all of the cost
Self-funded employer plan	Not state-regulated, so RCW 48.43.073 does not apply	Ask the plan administrator
Apple Health (Medicaid)	State funds cover medication and in-clinic abortion	Pregnant individuals at or below 210% of the federal poverty level qualify
No insurance	No state mandate, but grants and clinic fee scales exist	Ask the clinic about sliding-scale fees and the Northwest Abortion Access Fund

If your employer objects to covering abortion, the Office of the Insurance Commissioner says your insurer must provide the coverage to you directly at no charge.

Apple Health, including for people from other states

The Health Care Authority says Apple Health has no waiting period and does not require a set length of Washington residence. The Department of Health adds that you do not need to be a U.S. citizen, and that immigration status does not affect eligibility for Apple Health abortion coverage.

Federal law (Section 71113 of H.R. 1) bars federal Medicaid payments to Planned Parenthood for one year, but the Health Care Authority says Planned Parenthood clinics in Washington remain Apple Health providers. Governor Ferguson committed to backfilling roughly $11 million in lost federal funds with state dollars, according to the Washington State Standard.

The abortion savings program

Washington created a new funding source in SB 6182 (Chapter 228, Laws of 2026), signed March 25, 2026 and effective June 11, 2026. It places a premium assessment on carriers selling plans through the state exchange: $0.82 per coverage month for the first year, then $0.165 per coverage month each year. The first payment is due March 1, 2027.

At least 85% of appropriated money must go out as grants through the Department of Health. Eligible recipients include abortion providers and abortion funds under contract with the department, Indian health care providers, and practitioners serving underserved areas by telehealth. The patients covered include people who are uninsured, underinsured, or unable to use insurance because of the risk from insurer communications. The law bars carriers from passing the assessment to enrollees unless the Insurance Commissioner finds a significant risk of insolvency or consumer harm.

Comparison chart of abortion coverage in Washington under private plans, HSA plans and Apple Health

Keeping insurance mail private

Under RCW 48.43.505, insurers must direct communications about sensitive health care services, which include reproductive health, to the patient and not to the policyholder, when the patient asks. The Insurance Commissioner provides a standard confidential communications request form, and the insurer must follow it. This is how a dependent covered on a parent’s plan keeps an explanation of benefits from reaching the policyholder.

The Shield Law: Protection From Other States

Washington’s shield law bars state officials and courts from helping other states punish people for abortion care that is legal in Washington. It is codified mainly in chapter 7.115 RCW, passed as HB 1469 (2023 c 193), and Governor Inslee signed it on April 27, 2023. It took effect immediately.

The law does the following, according to the Attorney General’s Office:

Bars Washington police from arresting people for violating another state’s ban, with or without a warrant.
Bars state and local agencies from sharing information with or cooperating with a ban state.
Requires Washington courts to quash out-of-state subpoenas and bars them from issuing wiretaps or arrest warrants tied to another state’s ban.
Bars the governor from extraditing non-fugitives to a ban state.
Bars Washington-based companies from answering an out-of-state subpoena unless it attests the request is unrelated to protected care. A false attestation carries a $10,000 penalty per violation.
Lets someone sued under an out-of-state “bounty” law file a countersuit in Washington for damages, costs, and attorney’s fees.

The law also makes health care providers and their family members eligible for the Address Confidentiality Program, which keeps home addresses out of public records. Washington licensing law, RCW 18.130.450, says providing lawful reproductive care, or being disciplined for it in another state, is not unprofessional conduct.

A 2025 amendment, SB 5632, signed May 12, 2025 and effective July 27, 2025, added protections for records and information that could help another state enforce its laws. It also defines assistance to include financial, logistical, informational, or travel support.

What the shield law cannot do

The shield law covers only care that is lawful in Washington, and it does not cover malpractice claims. It also cannot stop another state from enforcing its own law over conduct inside that state.

Texas, which began allowing private lawsuits against anyone who sends abortion pills into the state on December 4, 2025 (HB 7), has sued or targeted providers in other shield-law states. A New York judge dismissed one such case in October 2025, according to States Newsroom reporting. How courts will treat these conflicts is not settled, and no court has resolved how the shield laws interact with HB 7.

Diagram of Washington State drawn as a shield, showing out-of-state subpoenas, arrests and extradition being blocked

Privacy for Your Health Data

The My Health My Data Act, chapter 19.373 RCW, restricts how companies collect and share consumer health data, including data about reproductive health. Governor Inslee signed it April 27, 2023 (2023 c 191). The geofence ban took effect July 23, 2023, and most other provisions took effect March 31, 2024, or June 30, 2024 for small businesses.

Companies must get consent before collecting or sharing consumer health data, and they need a separate authorization to sell it. The geofence ban, in RCW 19.373.080, covers a virtual boundary of 2,000 feet or less around a facility that provides in-person health care, so a company cannot use that boundary to track or message people who visit a clinic.

RCW 19.373.090 makes violations enforceable under the Consumer Protection Act, which lets individuals sue as well as the Attorney General. The act exempts data covered by federal HIPAA (RCW 19.373.100), so it matters most for apps and websites that HIPAA does not reach.

Traveling to Washington for Care

You do not need to live in Washington, or be a U.S. citizen, to get an abortion here, according to the Department of Health. If you travel from out of state, plan for a possible stay of a few days. The Northwest Abortion Access Fund can help find and pay for transportation and lodging.

Other states’ laws can still apply to you and to anyone who helps you. Idaho Code § 18-623 makes it a crime for an adult, intending to hide an abortion from a minor’s parents, to recruit, harbor, or transport the minor within Idaho to get one. In Matsumoto v. Labrador, 122 F.4th 787 (9th Cir. 2024), decided December 2, 2024, the Ninth Circuit allowed Idaho to enforce the harboring and transporting parts of the law and kept the recruiting part blocked. Washington’s shield law does not reach conduct that happens in Idaho.

Clinic Access and Safety

It is a crime to willfully or recklessly block access to a health care facility in Washington. RCW 9A.50.020 covers physically obstructing or impeding free passage, as well as threats, assault, and property damage. A violation is a gross misdemeanor under RCW 9A.50.030, which carries up to 364 days in jail and a $5,000 fine under RCW 9.92.020, and people harmed can also sue under RCW 9A.50.040.

Peaceful protest is allowed. RCW 9A.50.060 says the chapter does not prohibit lawful picketing or other publicity to inform the public. If someone blocks or threatens you at a clinic, tell clinic staff and call 911 if you feel physically unsafe.

Finding a Provider and Reporting Problems

Your own primary care provider may offer early medication abortion or can refer you. The Department of Health maintains a Find an Abortion Provider page and points to AbortionFinder.org. The Northwest Abortion Access Fund can be reached at 1-866-692-2310 for help with providers and costs.

Not every center that offers a free pregnancy test provides abortion care or referrals. Ask directly whether the site performs abortions or prescribes abortion medication before you go.

If someone denies you care or violates your reproductive rights under state law, you can file a complaint with the Attorney General’s Office through its reproductive rights complaint form. Insurance problems go to the Office of the Insurance Commissioner.

Frequently Asked Questions

Can I get an abortion in Washington if I’m under 18?

Yes. People of any age can choose or refuse an abortion in Washington, and no consent from a parent, guardian, or partner is required.

Will my parents find out through my insurance?

Not if you ask your insurer to send communications about sensitive health care services to you directly. RCW 48.43.505 requires insurers to honor that request, and the Insurance Commissioner provides a standard form for it.

How late in pregnancy can I get an abortion?

Before viability, the state cannot interfere with your choice. After viability, abortion is allowed to protect your life or health, and the statute sets no specific week for viability because the clinician decides it case by case.

Do I need to be a Washington resident?

No. You do not need to live in Washington or be a U.S. citizen to receive abortion care here.

Is abortion by telehealth legal in Washington?

Yes. Washington allows telehealth medication abortion, and pills can be picked up at a clinic or mailed. Whether federal rules continue to permit mail dispensing depends on the pending appeal in Louisiana v. FDA.

Will I be prosecuted if I travel here from a state with a ban?

Washington will not help another state arrest or prosecute you for care that is legal here, under chapter 7.115 RCW. Your home state’s own laws may still apply to conduct that took place there.