Advancing Sexual and Reproductive Health and Rights
 

Monthly State Update:
MAJOR DEVELOPMENTS IN 2014

(as of 4/1/2014)

 

This update provides information on legislation, as well as relevant executive branch actions and judicial decisions in states across the country. For each of the topics listed below, the number of states in which legislation has been introduced is given, as are the names of the states in which subsequent action has been taken. Detailed summaries are provided for legislation that has been passed by at least one house of a legislature and for major court decisions; actions for the current month are in bold. For an archive of previous monthly updates, click here.  

 

As of the beginning of April, legislatures in 33 states (AL, AK, AZ, CA, CO, CT, DE, FL, HI, IL, IA, KS, KY, LA, ME, MD, MA, MI, MN, MS, MO, NE, NH, NJ, NY, OH, OK, PA, RI, SC, TN, VT and WI) and the District of Columbia were in regular session. Twelve state legislatures (AR, GA, ID, IN, NM, OR, SD, UT, VA, WA, WV and WY) have concluded their regular sessions. The North Carolina legislature will convene in May. Four state legislatures (MT, NV, ND, and TX) are not scheduled to meet in 2014.

 

For a state-by-state chart of legislation enacted in 2014, click here.

 

Abortion

Adolescents

Contraception & Prevention

Pregnancy & Birth

Refusal Clauses

Reproductive Health and Environmental Hazards

 

ABORTION

Abortion Bans to Replace Roe

Click here for current status of state policy

Introduced in 15 states

AL, CO, FL, IA, KS, KY, MS, MO, NH, NY, OH, OK, SC, WA and WV

Bill Status:

Passed at least one chamber in AL

 

ALABAMA: In March, the House passed a bill that would ban abortion after a fetal heartbeat is detected, which generally occurs six weeks after the woman’s last menstrual period. The measure, which is awaiting Senate action, includes exceptions for endangerment of the mother’s life or physical health, as well as an exception if the fetus has a medical condition that will result in death within three months of birth. The bill is awaiting action in the Senate.

 

ARKANSAS: In March, a U.S. District Court judge struck down the state’s ban on abortion after 12 weeks of pregnancy. The court held that by banning abortion before viability, the law conflicts with U.S. Supreme Court rulings.

 

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Abortion Clinic Regulation

Requiring All or Some Abortion Providers to Have Hospital Privileges or a Transfer Agreement with a Hospital

Click here for current status of state policy

Introduced in 7 states

IL, IN, lA, OK, PA, SC and WV

Bill Status:

Regulations issued in AZ

Passed at least one chamber in LA and OK

 

ARIZONA: In January, the Department of Health Services released new regulations for facilities that perform abortions. Existing regulations already required physicians performing medication and surgical abortions to have admitting privileges, or an agreement with another provider who has admitting privileges, at a hospital. The new regulations require that the privileges or agreement be at a hospital that is within 30 miles of the clinic if the provider is performing surgical abortions. The regulations, which also limit medication abortion, are scheduled to take effect in April.

 

LOUISIANA: In March, the House passed a measure that would require abortion providers to have admitting privileges at a hospital within 30 miles of the abortion facility. The bill, which also includes a provision about abortion reporting requirements, is awaiting action in the Senate.

 

OKLAHOMA: In March, the Senate passed a bill that would require at least one physician with admitting privileges at an in-state hospital within 30 miles of the abortion facility to be on the premises of the clinic while any abortions are provided. The bill, which also includes an ultrasound provision, is awaiting action in the House.

 

OKLAHOMA: In February, the House passed a measure that would require abortion providers to have hospital privileges at a hospital within 30 miles of the abortion facility. The bill is awaiting action in the Senate. 

 

TEXAS: In March, the U.S. Court of Appeals for the Fifth Circuit upheld the state’s requirement that abortion providers have admitting privileges at a hospital within 30 miles of the facility. The court found that the law does not impermissibly burden women because the procedure would still be accessible in some parts of the state. The court also upheld the state’s limitations on the provision of medication abortion.

 

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Targeted Regulation of Abortion Providers

Click here for current status of state policy

Introduced in 9 states

AZ, FL, HI, IL, IN, MN, MO, NH and WV

Bill Status:

Passed at least one chamber in AZ

Enacted in IN

 

ARIZONA: In March, the House passed a measure that would allow the health department to perform unannounced inspections of abortion clinics if the director believes the clinic to be in violation of a regulation. The bill, which also includes restrictions on minors’ ability to access abortion and abortion reporting requirements, is awaiting action in the Senate.

 

(ENACTED) INDIANA: In March, Gov. Mike Pence (R) signed a measure that amends the state’s law that requires abortion providers to either have admitting privileges at a local hospital or an agreement with a physician who has such privileges. The measure requires abortion providers who have an admitting privilege agreement with another physician to file written documentation of the agreement with the state department. In addition, the law will also require abortion clinics to be inspected at least once a year. The law is scheduled to go into effect in July.

 

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Crisis Pregnancy Centers

''Choose Life' License Plates

Click here for current status of state policy on 'Choose Life' License Plate laws

Introduced in 3 states

IL, MI and WI

 

NORTH CAROLINA: In February, the U.S. Court of Appeals for the Fourth Circuit ruled that North Carolina’s “Choose Life” license plate program was unconstitutional under the First Amendment because the state refused to print license plates displaying an alternate message, such as “Respect Choice,” as well. The Department of Motor Vehicles cannot print license plates displaying either message. The Attorney General of North Carolina has not decided whether he will appeal this ruling.

 

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Regulation of Crisis Pregnancy Centers

Introduced in 6 states

AZ, MO, NY, PA, RI and VT

Bill Status:

Passed at least one chamber in MO

 

MISSOURI: In March, the House passed a bill that would prohibit any regulation of crisis pregnancy centers. The bill, which also includes a provision regarding parental consent for minors’ abortions, is awaiting action in the Senate.

 

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State Funding of Alternatives-to-Abortion Services

Introduced in 2 states

MO and PA

Bill Status:

Passed at least one chamber in MO

 

MISSOURI: In March, the House passed a measure increasing the amount of cumulative tax credits that those donating to crisis pregnancy centers may receive, from $2 million in fiscal year 2014 to $2.5 million each fiscal year thereafter. The bill awaits Senate action.

 

MISSOURI: In March, the House passed a budget bill that would provide crisis pregnancy centers with $2.1 million in state funding. The bill, which splits the money between the centers and publicity campaigns, awaits Senate action.

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Insurance Coverage of Abortion

Abortion Coverage in Health Plans Offered Through Health Exchanges

Click here for current status of state policy

Introduced in 7 states (These bills may overlap with bills in Private Insurance Coverage.)

FL, GA, IA, MI, RI, OH and WV

Bill Status:

Passed at least one chamber in GA

 

GEORGIA: In March, both chambers passed a bill that would ban abortion coverage in the plans offered in the health exchange except in cases of life endangerment or possible “substantial or irreversible impairment of a major bodily function.” The bill, which would also codify restrictions on abortion coverage in the state employees’ health plan, is awaiting action by Gov. Nathan Deal (R).

 

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Private Insurance Coverage of Abortion

Click here for current status of state policy

Introduced in 8 states

GA, IN, IA, OH, RI, SC, WV and WI

Bill Status:

Passed at least one chamber in GA

Enacted in IN

 

GEORGIA: In March, both chambers passed a bill that would codify regulations set by the state health department in 2013 that prohibit the state employees’ health plan from covering abortion except in cases of life endangerment. The bill, which also restricts abortion coverage in plans offered in the health exchanges in the state, is awaiting action by Gov. Nathan Deal (R).

 

GEORGIA: In March, the House passed a bill that would codify regulations set by the state health department in 2013 that prohibit the state employees’ health plan from covering abortion except in cases of life endangerment. The House amended the bill later that month and the bill was sent to the governor without the relevant provision.

 

(ENACTED) INDIANA: In March, Gov. Mike Pence (R) signed a bill that prohibits private insurers’ health plans from covering abortions except in cases of life endangerment, rape, or incest, or when necessary to prevent “substantial and irreversible impairment of a major bodily function.” Additional abortion coverage will be available at an additional cost. The bill is scheduled to go into effect in December.

 

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Public Funding of Abortion for Low-Income Women

Click here for current status of state policy

Introduced in 9 states

AK, IA, LA, MD, MI, MN, PA, RI and WV

Bill Status:

Passed at least one chamber in MD

 

MARYLAND: In March, both chambers passed a budget bill that reenacts current restrictions limiting public funding of abortion to cases of incest, rape, life or health endangerment, and fetal impairment. The bill is in conference committee due to unrelated issues.

 

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Requiring Abortion Coverage

Introduced in 2 states

NY and WA

Bill Status:

Passed at least one chamber in WA

 

WASHINGTON: In February, the House passed a measure that would require all health plans, including plans in the exchange, that provide coverage for maternity care or services to also include substantially equivalent coverage for abortion services. The bill, which includes exceptions, such as when the entity purchasing insurance objects based on religious reasons, is awaiting action in the Senate.

 

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Later Term Abortion

'Partial-Birth' Abortion

Click here for current status of state policy

Introduced in 3 states

HI, MA and RI

 

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'Postviability' Abortion

Click here for current status of state policy

Introduced in 2 states

FL and NJ

 

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Restricts Abortion at 20 Weeks Postfertilization or at Another Specific Gestational Age

Click here for current status of state policy

Introduced in 10 states

FL, IL, IA, KY, MD, MN, MS, NJ, SC and WV

Bill Status:

Passed at least one chamber in MS and SC

Vetoed in WV

 

MISSISSIPPI: In March, the Senate passed a measure that would ban abortions at 18 weeks postfertilization (the equivalent of 20 weeks after the woman’s last menstrual period). The bill, which had passed the House with a provision banning abortions at 20 weeks postfertilization (or 22 weeks after the woman’s last menstrual period), includes exceptions only in cases of life endangerment, possible “substantial and irreversible physical impairment of a major bodily function” or a lethal fetal condition, and is currently in conference.

 

SOUTH CAROLINA: In March, the House passed a bill that would ban abortions at 20 weeks postfertilization, with exceptions for life endangerment and “serious risk of substantial and irreversible physical impairment of a major bodily function.” The bill, which also includes reporting requirements, awaits action in the Senate

 

WEST VIRGINIA: In March, Gov. Earl Ray Tomblin (D) vetoed a measure that would ban abortions at 20 weeks after fertilization, calling the measure “unconstitutional” and saying that it “unduly restricts the physician-patient relationship.” The bill, which passed the House and Senate, also included reporting requirements.

 

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Mandatory Counseling and Waiting Periods Before Abortion

State-Directed Counseling

Click here for current status of state policy

Introduced in 9 states (These bills may overlap with bills that require a waiting period.)

AL, IL, KS, MA, MO, NE, NY, OH and OK

Including:

Information that the fetus can feel pain—3 states

Inaccurate information on abortion and risk of breast cancer4 states

Bill Status:

Passed at least one chamber in AL and OK

 

ALABAMA: In March, the House approved a measure that would require a woman seeking an abortion because of a lethal fetal anomaly to receive counseling on perinatal hospice services. The bill, which awaits Senate action, requires that the counseling be conducted in-person with the physician at least 48 hours before the abortion.

 

OKLAHOMA: In February, the House passed a bill that would require a provider to counsel a woman on perinatal hospice if the woman is seeking an abortion due to a lethal fetal condition. The bill, which is awaiting Senate action, also contains reporting requirements.

 

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Requirements for Waiting Period before an Abortion

Click here for current status of state policy

Introduced in 8 states (These bills may overlap with bills that require abortion counseling.)

AL, IL, KY, MA, MO, NY, OH and TN

Including:

Requiring a woman to make two trips to the clinic4 states

Bill Status:

Passed at least one chamber in AL, KY and MO

 

ALABAMA: In March, the House passed a bill that would extend the state’s waiting period before an abortion to 48 hours. The state currently has a 24-hour waiting period before a woman may obtain an abortion. The measure awaits action in the Senate.

 

KENTUCKY: In January, the Senate approved a bill that would require in-person counseling prior to an abortion by mandating that counseling take place in an “individual, private setting” where both parties are in the same room. The measure is awaiting action in the House.

 

MISSOURI: In March, the House approved a measure that would extend the state’s waiting period before an abortion from 24 to 72 hours. The measure, which awaits Senate action, also adds a video to the state’s counseling materials.

 

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Medication Abortion

Click here for current status of state policy

Introduced in 3 states

IA, KY and OK

Bill Status:

Regulations issued in AZ

Passed at least one chamber in IA and OK

 

ARIZONA: In March, a U.S. District Court judge upheld a law that requires abortion providers to follow the outdated FDA protocol when administering medication abortion; this requirement blocks the use of newer evidence-based regimens that are as safe and effective, allow the woman to make fewer trips to the clinic and can be used two weeks further into pregnancy. The court determined that the law does not create an undue burden on a woman seeking an abortion because there is not enough evidence to prove that the requirement will impose “substantial obstacles” on abortion access.

 

IOWA: In February, the House passed a bill that would ban the use of telemedicine to provide abortions. The measure now awaits Senate action.

 

OKLAHOMA: In March, the House approved a measure that would require physicians to dispense medication abortion according to FDA protocol; this requirement blocks the use of newer evidence-based regimens that are as safe and effective but have fewer side effects and a lower cost. The bill is waiting action in the Senate. 

 

TEXAS: In March, the U.S. Court of Appeals for the Fifth Circuit upheld the state’s law that prohibits the provision of medication abortion after 49 days of pregnancy and requires the woman to receive both doses of medication at the facility. The court found that the law will not impose substantial obstacles on abortion access. The court also upheld the state’s requirement that abortion providers have admitting privileges at a local hospital.

 

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Parental Involvement in Minor's Abortions

Parental Consent Requirements

Click here for current status of state policy

Introduced in 8 states

AL, AZ, FL, KY, MI, MO, NY and WV

Bill Status:

Passed at least one chamber in AL, AZ and MO

 

ALABAMA: In March, the House passed a bill that would amend the state’s parental consent requirement for minors obtaining abortions to require a parent seeking to consent to an abortion for his or her daughter to not only provide a certified birth certificate but also have the consent form notarized. The bill, which also adds requirements to the judicial bypass procedure for minors who cannot receive parental consent, is awaiting action in the Senate.

 

ARIZONA: In March, the House passed a measure that would make it a crime to intentionally assist a minor in obtaining an abortion without the notarized parental consent mandated by state law. The bill, which also includes clinic inspection and abortion reporting requirements, is awaiting action in the Senate.

 

MISSOURI: In March, the House passed a bill that would amend the parental consent requirement for minors obtaining an abortion to require a two-step process for a minor who has two custodial parents. One parent would need to consent to the procedure, and then notify the second parent in writing at least five days prior to the procedure. The state currently only requires one parent to consent, and does not pair parental consent with any type of waiting period requirement. The bill, which also includes a provision regarding crisis pregnancy centers, is awaiting action in the Senate.

 

MONTANA: In January, a state district court blocked enforcement of state law that would have required a minor to obtain parental consent before an abortion. Parents were also required to provide government-issued identification and prove parental status via “written documentation.” The court held that the law violates the equal protection rights guaranteed by the Montana Constitution. The court using the same reasoning also blocked a law that would have required a minor’s parent be notified before an abortion.

 

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Parental Notification Requirements

Click here for current status of state policy

Introduced in 7 states

CA, GA, HI, NJ, NY, WA and WV

 

MONTANA: In January, a state district court blocked enforcement of state law that would have required a minor’s parent be notified before the minor obtained an abortion.  The court held that the law violates the equal protection rights guaranteed by the Montana Constitution. The court using the same reasoning also blocked a law that would have required a parent consent before a minor obtained an abortion.

 

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Physicians

Physician Liability

Introduced in 2 states

IA and OH

 

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Physician-Only Requirements for Surgical and Medication Abortion

Click here for current status of state policy

Introduced in 5 states

AL, FL, IA, KY and SC

 

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Prohibiting Coercing a Woman into Having an Abortion

Introduced in 1 state

MI

 

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Protecting Access

Attempts to Repeal Abortion Restrictions

Introduced in 12 states

AZ, GA, MA, MI, NE, NY, OH, OK, OR, RI, UT and VA

Bill Status:

Passed at least one chamber in VA

Enacted in UT

 

(ENACTED) UTAH: In March, Gov. Gary Herbert (R) signed a measure waiving the state’s counseling and ultrasound requirements when an abortion is necessary to protect the woman’s life or health or in cases of severe fetal impairment. The law is scheduled to take effect in May.

 

VIRGINIA: In February, the Senate adopted a measure that would repeal the state’s requirement that a woman seeking an abortion have an ultrasound as part of the preparation for the abortion. The bill would also repeal the requirement that the ultrasound take place at least 24 hours before the abortion if the woman lives less than 100 miles from the abortion clinic. The bill is pending in the House.

 

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Clinic Access

Click here for current status of state policy

Introduced in 3 states

NH, NY and PA

Bill Status:

Passed at least one chamber NH

NEW HAMPSHIRE: In February, the Senate approved a measure that would establish 25-foot buffer zones around reproductive health care facilities. The buffer zones apply to the sidewalks, entrances, exits and driveway of the reproductive health care facility. The bill is awaiting action in the House.

 

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Ensuring Legal Access to Abortion

Click here for current status of state policy

Introduced in 4 states

CO, NY, RI and VT

Bill Status:

Passed at least one chamber in NY

 

NEW YORK: In January, the Assembly adopted a measure that would permit abortion until 24 weeks of pregnancy and when the woman’s life or health is at risk in New York. The bill is awaiting aciton in the Senate.

 

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Repealing Pre-Roe Abortion Laws

Introduced in 2 states

MA and VT

Bill Status:

Enacted in VT

 

(ENACTED) VERMONT: In March, Gov. Peter Shumlin (D) signed a measure repealing the state’s pre-Roe law that banned abortion. The bill is currently in effect. 

 

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Reporting Requirements

Abortion Reporting

Click here for current status of state policy

Introduced in 12 states

IL, IA, KY, LA, MD, MI, NH, NJ, NY, OK, SC and WV

Bill Status:

Passed at least one chamber in AZ, LA, OK and SC

Vetoed in WV

 

ARIZONA: In March, the House passed a measure that would amend existing abortion reporting regulations to also require providers to report any abortions that result in a live birth. The bill, which also includes restrictions on minors’ ability to access abortion and clinic inspection requirements, is awaiting action in the Senate.

 

LOUISIANA: In March, the House passed a measure that would require abortion providers to report all instances of medication-induced abortion and any “adverse events” from medication abortion to the state. The bill, which also includes a provision requiring physicians to have admitting privileges at a nearby hospital, is awaiting action in the Senate.

 

OKLAHOMA: In February, the House passed a bill mandating that a doctor report to the state that abortion counseling included perinatal hospice information, which would be required if the abortion was sought due to a lethal fetal condition. The bill is awaiting action in the Senate.

 

SOUTH CAROLINA: In March, the House passed a measure that contains reporting requirements specific to abortions provided at and after 20 weeks postfertilization, including the medical diagnosis that led to the abortion. The bill, which would also ban abortions at 20 weeks postfertilization, awaits action in the Senate.

 

WEST VIRGINIA: In March, Gov. Earl Ray Tomblin (D) vetoed a bill requiring providers to report on method of abortion, postfertilization age of the fetus and whether the woman had an ultrasound. The measure, which passed the House and Senate, would have banned abortions at 20 weeks after fertilization.

 

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Minors Reporting

Introduced in 4 states

CA, NY, WA and WV

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Self-Induced Abortion

Introduced in 1 state

HI

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Sex, Race or Genetic Selection

Introduced in 11 states

IA, MA, MS, MO, NY, OR, RI, SD, VA, WV and WI

Bill Status:

Enacted in SD

 

(ENACTED) SOUTH DAKOTA: In March, Gov. Dennis Daugaard (R) signed a bill criminalizing the provision of an abortion if the provider knows the woman is obtaining the abortion for purposes of sex selection. The bill is scheduled to take effect July 1.

 

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State Employee and Facility Participation in Abortion

Introduced in 0 states

 

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Tax Credit Program Excludes Organizations That Provide Abortion Services

Introduced in 1 state

KS

 

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Training in Abortion Services

Introduced in 1 state

NY

Limits Training—0 states

Requires Training—1 state

 

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Ultrasound Requirements

Click here for current status of state policy

Introduced in 12 states

IL, KY, MA, MD, MI, MO, NJ, NY, OH, OK, RI and TN

Bill Status:

Passed at least one chamber in KY and OK

 

KENTUCKY: In February, the Senate passed a measure requiring an ultrasound before an abortion may be provided. The measure, which awaits action in the House, allows the woman to avert her eyes but requires the doctor to describe and display the images.

 

NORTH CAROLINA: In January, a federal district court blocked the state’s law that required providers to display and describe an ultrasound image at least four hours before a woman obtains an abortion. (The state already requires an ultrasound to be performed before an abortion.) The court found that the law violated the free speech rights guaranteed by the First Amendment because it compels “providers to speak the state’s message to women who refuse to hear it or who would be harmed by it.”

 

OKLAHOMA: In March, the Senate approved a measure that would require an ultrasound prior to an abortion. The bill, which also includes an admitting privilege requirement, is awaiting action in the House.

 

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ADOLESCENTS

Minors Access to Reproductive Healthcare

Click here for current status of state policy

Introduced in 7 states

CA, IA, KY, MO, NE, NJ and NY

Bill Status:

Passed at least one chamber in KY

 

KENTUCKY: In March, the House passed a measure that would require parents of children entering the sixth grade to opt-in for vaccination against HPV. The bill is awaiting action in the Senate.

 

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Sex Education

Click here for current status of state policy

Introduced in 27 states

AL, AK, AZ, CA, GA, HI, IN, IA, KS, LA, MA, MI, MN, MS, MO, NE, NJ, NM, NY, OH, OK, PA, RI, SC, UT, WA and WV

Bill Status:

Passed at least one chamber in UT

Enacted in NM

 

(ENACTED) NEW MEXICO: In March, Gov. Susana Martinez (R) signed a bill that requires health education instruction in all public schools to include age-appropriate sexual abuse and assault awareness and prevention training. The measure will be in effect for the 2014–2015 school year.

 

UTAH: In March, the Senate passed a bill that would require public and charter schools to provide age-appropriate instruction on child sexual abuse prevention and awareness to elementary school students. The bill, which awaits Gov. Gary Herbert’s (R) signature, would require parental notification before a student receives the education.

 

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Statutory Rape Reporting

Introduced in 1 state

HI

 

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CONTRACEPTION & PREVENTION

Definitions of Contraception

Introduced in 3 states

MO, RI and VA

 

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Emergency Contraception

Emergency Contraception Services for Sexual Assault Victims

Click here for current status of state policy

Introduced in 4 states

AZ, MI, MO and PA

 

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Restricting Access to Emergency Contraception

Introduced in 2 states

MS and OK

Bill Status:

Passed at least one chamber in OK

 

OKLAHOMA: In March, the Senate passed a bill that would require a minor younger than 17 to obtain a prescription in order to access emergency contraception. The bill, which is in direct violation of federal law and is identical to an Oklahoma provision temporarily enjoined pending a legal challenge, is awaiting action in the House. 

 

OKLAHOMA: In January, a state district court judge blocked enforcement of a law that would have required a minor younger than 17 to obtain a prescription in order to access emergency contraception. The court held that the law violates the legislature’s rule prohibiting a bill from addressing more than one subject.

 

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Family Planning Funds

Abortion-Related Restrictions on Family Planning Funds

Click here for current status of state policy

Introduced in 6 states

CO, MI, MO, NM, PA and VA

Bill Status:

Passed at least one chamber in CO and MO

Enacted in CO

 

COLORADO: In March , the House passed the FY2015 appropriations bill that allocates more $6.7 million for family planning services. Because of existing restrictions, none of these funds may be used directly or indirectly for abortion services. The fiscal year begins in July.

 

(ENACTED) COLORADO: In February, Gov. John Hickenlooper (D) approved supplemental budget appropriations that allocate more than $6 million to family planning services for the 2014 fiscal year. Because of existing restrictions, none of these funds may be used directly or indirectly for abortion services. The law is in effect.

 

MISSOURI: In March, the House passed a measure that would disqualify independent family planning clinics, such as those operated by Planned Parenthood, from receiving any family planning funds managed by the state, including federal Medicaid reimbursement. The bill is awaiting action in the Senate.

 

MISSOURI: In March, the House passed a bill that would require a provider that receives Title X funds for family planning services and also provides or counsels on abortions beyond those necessary to protect a woman’s life to report to the health department how the Title X funds were used. The bill is awaiting action in the Senate.

 

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Budget Bills: Family Planning Line Items

Introduced in 12 states

CO, FL, GA, HI, IL, ME, MI, MO, NJ, NY, VA and WI

Bill Status:

Passed at least one chamber in CO and MO

Enacted in CO and MI

 

COLORADO: In March , the House passed the FY2015 appropriations bill that allocates more $6.7 million for family planning services. Because of existing restrictions, none of these funds may be used directly or indirectly for abortion services. The fiscal year begins in July.

 

(ENACTED) COLORADO: In February, Gov. John Hickenlooper (D) approved supplemental budget appropriations that allocate more than $6 million to family planning services for the 2014 fiscal year. Because of existing restrictions, none of these funds may be used directly or indirectly for abortion services. The bill is in effect.

 

(ENACTED) MICHIGAN: In March, Gov. Rick Snyder (R) signed the state’s supplemental budget bill for the remainder of the fiscal year. The measure appropriates $357,400 for family planning services.

 

MISSOURI: In March, the House passed a budget bill for the 2014–2015 fiscal year that would appropriate more than $690 million for a wide range of public health programs, including family planning services. The bill is awaiting action in the Senate.

 

MISSOURI: In March, the House passed a supplemental budget bill for the remainder of the fiscal year that would appropriate more than $6 million from state and federal funds for a wide range of public health programs, including those that provide family planning services. The bill is awaiting action in the Senate.

 

 

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Repealing Abortion-Related Restrictions on Family Planning Funds

Introduced in 2 states

OH and WI

 

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Insurance Coverage

Contraceptive Coverage

Click here for current status of state policy

Introduced in 6 states

CA, IA, NY, RI, WV and WI

 

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HPV Tests and Vaccine Coverage

Introduced in 1 state

OH

 

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Protections for Confidential Medical Care within Insurance

Introduced in 1 state

MD

Bill Status:

Passed at least one chamber in MD

 

MARYLAND: In March, the Senate passed a measure that would require insurance carriers to allow enrollees to file a request for confidential communication from that carrier. The bill is awaiting action in the House.

 

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Medicaid Family Planning Eligibility Expansions

Click here for current status of state policy

Introduced in 5 states

ME, NE, NJ, RI and WI

Expands access in 5 states

Repeal of Expansion in 0 states

Bill Status:

Passed at least one chamber in ME

 

MAINE: In March, the legislature passed a measure that would require the state to apply for a state plan amendment to expand Medicaid family planning services. Individuals are eligible for services if their income is at 200% or below the federal poverty level. The bill is awaiting action by Gov. Paul LePage (R).

 

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Parental Involvement Requirements for Minors Seeking Contraceptive Services

Click here for current status of state policy

Introduced in 1 state

NY

 

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Partner Treatment for Sexually Transmitted Infections

Click here for current status of state policy

Introduced in 4 states and the District of Columbia

KY, MI, NY and WV

Bill Status:

Passed at least one chamber in DC, KY, NY

Vetoed in WV

 

DISTRICT OF COLUMBIA: In February, Mayor Vincent Grey (D) approved a measure that would allow medical providers to prescribe or dispense a drug for treatment of chlamydia, gonorrhea or trichomoniasis for a patient’s partner without first seeing the partner. The bill is awaiting action by the U.S. Congress.

 

KENTUCKY: In February, the House passed a measure that would allow medical providers to prescribe or dispense a drug for treatment of chlamydia or gonorrhea for a patient’s partner(s) without first seeing the partner(s). The bill is awaiting action in the Senate.

 

NEW YORK: In February, the Assembly passed a measure that would expand the state’s policy on allowing medical providers to prescribe or dispense a drug for treatment of chlamydia for a patient’s partner(s) without first seeing the partner(s) to also include treatment for any STI as recommended by the Centers for Disease Control and Prevention. The bill is awaiting action in the Senate.

 

WEST VIRGINIA: In March, Gov. Earl Ray Tomblin (D) vetoed a measure that would have allowed medical providers to prescribe or dispense a drug for treatment of an STI for a patient’s partner without first seeing the partner. The bill would also have required the department of health to establish rules determining allowable diseases for expedited partner therapy.

 

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Pharmacy or Pharmacist Requirements to Dispense Contraception

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Introduced in 4 states

AZ, MO, NY and OK

 

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PREGNANCY & BIRTH

Fetal and Pregnant Woman Assault

Introduced in 13 states

AK, CO, FL, IL, IA, MA, MN, NH, NY, PA, RI, TN and WV

Bill Status:

Passed at least one chamber in NH

 

NEW HAMPSHIRE: In March, the House approved a bill that would consider a fetus at eight weeks postfertilization as a victim of homicide. The measure, which awaits Senate action, does not apply to abortions, medical treatment for the pregnant woman, or the woman’s actions.

 

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HIV Testing of Infants and Pregnant Women

Introduced in 4 states

FL, LA, NJ and WA

 

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Infant Abandonment

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Introduced in 7 states

KS, MA, NJ, NY, SC, VA and WI

Bill Status:

Passed at least one chamber in KS

 

KANSAS: In March, the Senate approved a bill that would allow a parent or another person voluntarily relinquishing an infant younger than 45 days old to remain anonymous, provided the child has not been abused. The parent may be offered the opportunity to provide medical or family information about the child. The bill, which also added police stations, sheriff’s offices and law enforcement centers to the list of acceptable places to relinquish infants, awaits concurrence from the House and then will head to Gov. Sam Brownback (R).

 

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Infertility Coverage

Introduced in 9 states

CA, CT, HI, IL, MA, MO, NJ, PA and UT

Bill Status:

Passed at least one chamber in UT

 

UTAH: In March, the Senate approved a bill that would allow a health plan to offer coverage for adoption-related expenses instead of coverage for infertility treatment. The bill is awaiting action by Gov. Gary Herbert (R).

 

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Non-Medical Use of Ultrasound

Introduced in 0 states

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Stillbirth Certificates

Introduced in 7 states

KS, KY, LA, NJ, UT, WA and WI

Bill Status:

Passed at least one chamber in KS and UT

 

KANSAS: In March, the House passed a bill that would allow stillbirth certificates to be issued for fetuses at least 20 weeks’ postfertilization. The bill is currently in the Senate, where it has been significantly altered.

 

UTAH: In March, the House passed a measure that would amend the state’s statute to allow stillborn certificates to be issued for fetuses between 16 and 20 weeks’ gestation. The bill has since been defeated in the Senate.

 

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Substance Abuse During Pregnancy

Click here for current status of state policy

Introduced in 16 states

CO, FL, IL, IN, IA, KY, MD, MN, MS, MO, NY, OH, PA, TN, WV and WI

Bill Status:

Passed at least one chamber in KY, MO, OH and WI

Enacted in CO and PA

 

KENTUCKY: In March, the final version of the state’s budget included $891,400 in each fiscal year for substance abuse treatment for pregnant women. The bill is awaiting action by Gov. Steve Beshear (D).

 

KENTUCKY: In February, the Senate approved a bill that would require the department of health to periodically publish the number of infants born with neonatal abstinence syndrome for statistical purposes. The bill, which is awaiting action in the House, would not include identifiable information about the patient.

 

MISSOURI: In March, the Senate passed a measure that would allow the state to terminate the parental rights of a pregnant woman if she (or the newborn within eight hours of birth) tests positive for cocaine, heroin or methamphetamine. The bill, which awaits Senate action, also would allow the state to terminate the parental rights of mothers who plead guilty to or are convicted of charges related to cocaine, heroin or methamphetamine.

 

OHIO: In January, the House passed a measure that would require maternity units, newborn care nurseries and maternity homes to report newborns diagnosed as opioid-dependent at birth to the Department of Health. The reports would not include any identifying information about the patient and would not be shared with law enforcement. The bill is awaiting action in the Senate.

 

(ENACTED) PENNSYLVANIA: In January, Gov. Tom Corbett (R) signed a measure that requires medical providers to report to the appropriate county authority when an infant up to one year of age is affected by substance abuse by the mother, withdrawal symptoms or fetal alcohol syndrome. The new law is scheduled to take effect in April.

 

WISCONSIN: In February, the Assembly passed a measure that amends the state’s laws regarding substance abuse by pregnant women and new mothers. The bill would require testing if fetal alcohol syndrome (FAS) is suspected. If the infant is diagnosed with FAS, the provider must report to the agency responsible for conducting child abuse and neglect investigations. That agency must then offer services to both the woman and her infant. The bill is awaiting action in the Senate.

 

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REFUSAL CLAUSES

Abortion Services

Click here for current status of state policy

Facilities

Introduced in 5 states

FL, MI, MO, NE and PA

Bill Status:

Passed at least one chamber in MO

 

MISSOURI: In February, the House passed a bill that would allow medical providers and facilities to refuse to participate in services that conflict with their religious, moral or ethical beliefs, including abortion, contraception and assisted reproduction. The measure, which awaits Senate action, does not apply in emergencies or to information or counseling.

 

Health Professionals

Introduced in 6 states

AL, FL, MI, MO, NE and PA

Bill Status:

Passed at least one chamber in AL

 

ALABAMA: In January, the House approved a measure that would allow a health care provider to refuse to participate in any health care service related to abortion, sterilization, embryonic stem cell research and human cloning, if the objection is based on religious, moral or ethical belief. The measure would require a provider to file a written objection with his or her employer. The measure includes exceptions for life-threatening situations when other health care providers are not available or capable of providing health care and for abortion clinics. The bill is awaiting action in the Senate.

 

MISSOURI: In February, the House passed a bill that would allow medical providers and facilities to refuse to participate in services that conflict with their religious, moral or ethical beliefs, including abortion, contraception and assisted reproduction. The measure, which awaits Senate action, does not apply in emergencies or to information or counseling.

 

Insurers

Introduced in 1 state

MI

 

Pharmacists or Pharmacies

Introduced in 3 states

MI, NE and PA

 

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Contraceptive Services

Click here for current status of state policy

Facilities

Introduced in 4 states

MI, MO, NE and PA

Bill Status:

Passed at least one chamber in MO

 

MISSOURI: In February, the House passed a bill that would allow medical providers and facilities to refuse to participate in services that conflict with their religious, moral or ethical beliefs, including abortion, contraception and assisted reproduction. The measure, which awaits Senate action, does not apply in emergencies or to information or counseling.

 

Health Professionals

Introduced in 4 states

MI, MO, NE and PA

Bill Status:

Passed at least one chamber in MO

 

MISSOURI: In February, the House passed a bill that would allow medical providers and facilities to refuse to participate in services that conflict with their religious, moral or ethical beliefs, including abortion, contraception and assisted reproduction. The measure, which awaits Senate action, does not apply in emergencies or to information or counseling.

 

Insurers

Introduced in 1 state

MI

 

Pharmacies or Pharmacists

Introduced in 3 states

MI, NE and PA

 

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General Medical Care

Click here for current status of state policy

Facilities

Introduced in 4 states

MI, MO, NE and PA

 

Health Professionals

Introduced in 4 states

MI, MO, NE and PA

 

Insurers

Introduced in 1 state

MI

 

Pharmacists or Pharmacies

Introduced in 3 states

MI, NE and PA

 

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REPRODUCTIVE HEALTH AND ENVIRONMENTAL HAZARDS

Bisphenol A (BPA)

Introduced in 14 states

 

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Dioxin

Introduced in 4 states

 

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Flame Retardants

Introduced in 7 states

Bill Status:

Passed at least one chamber in MD

 

MARYLAND: In February, the House adopted a measure that would amend the state’s law that bans the use of one common flame retardant in child care articles, such as strollers, mattresses and car seats to include another flame retardant, TDCPP. The bill is awaiting action in the Senate.

 

 

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Lead

Introduced in 15 states

 

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Mercury

Introduced in 19 states

 

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Parabens

Introduced in 5 states

 

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Pesticides

Introduced in 5 states

 

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Phthalates

Introduced in 7 states

 

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