Monthly State Update:
MAJOR DEVELOPMENTS IN 2004 (as of 6/30/2004)
This update summarizes
legislation that has passed at least one house of the legislature, executive
branch actions and judicial decisions. Entries are organized by the following
topical areas. Within each topic, entries are listed alphabetically by state;
actions for the current month are in bold. As of the
end of June, legislatures in 8 states (CA, MA, MI, NJ, NY, NC, OH
and PA) were in regular session. Legislatures in 36 states (AL,
AK, AZ, CO, CT, DE, FL, GA, HI, ID, IL, IN, IA, KS, KY, LA, ME,
MD, MN, MS, MO, NE, NH, NM, OK, RI, SC, SD, TN, UT, VT, VA, WA,
WV, WI and WY) have adjourned for the year. Legislatures in six
states (AR, MT, NV, ND, OR and TX) will not convene in a regular
session in 2004.
Jump to actions around: Abortion
"Choose Life" License
Plates
Comprehensive Abortion Bans
Fetal Assault
"Link" Between Abortion and Breast Cancer
Mandatory Counseling and Waiting Periods
Medical Abortion
Parental Involvement
"Partial-Birth" Abortion
Physician-Only Requirements
Postviability Abortion
Private Insurance Coverage of Abortion
Protecting Access to Clinics
Public Funding of Abortion
Reporting Statistical Information to State
Agencies
Stem-Cell and Embryo
Research
See Also:
Contraception and Prevention: Abortion-Related Restrictions on State Family Planning Funds
Refusal Clauses: Abortion Services (See also General Medical Services) Contraception & Prevention
Abortion-Related
Restrictions on State Family Planning Funds
Contraceptive Coverage
Emergency Contraception
Parental Involvement
See Also:
Youth: Child Abuse Reporting
Refusal Clauses: Contraceptive Services (See also General Medical Services) Pregnancy & Birth
Infant Abandonment
Substance Abuse During Pregnancy
See Also:
Abortion: Fetal Assault
Refusal Clauses
Abortion
Services
Contraceptive Services
General Medical Services Youth
Child Abuse Reporting
Sex Education
See Also:
Abortion:
Parental Involvement
Contraception & Prevention: Parental
Involvement ABORTION See also:
CONTRACEPTION
& PREVENTION: Abortion-Related Restrictions on State Family Planning Funds
REFUSAL
CLAUSES
"Choose Life" License Plate Revenue Used to Fund Crisis Pregnancy
Centers Introduced: 17 states
States with further action
Committee action: TN
Passed at least one chamber: GA and KY
Click here for current status of state policy In March,
the GEORGIA House passed a
measure that would authorize Choose Life license plates. Funds generated
from the sale of the plates would support crisis pregnancy centers
and nonprofit adoption agencies, and would be prohibited from supporting
agencies that refer women for abortions. If the measure is enacted,
the state would have to receive 1,000 applications before the plate
could go into production. The legislature has now adjourned for
the year.
In February,
the KENTUCKY Senate passed
a bill to create Choose Life license plates. If the measure is enacted,
proceeds from the sale of the plates would be distributed to organizations
that counsel women on the option of adoption. The legislature has
now adjourned for the year.
In March,
a U.S. District Court of Appeals reaffirmed a lower court's decision
that SOUTH CAROLINA'S Choose
Life license plate is unconstitutional. The court found that the
state is unlawfully discriminating by allowing only the Choose Life
license plate and rejecting a specialty plate promoting a pro-choice
message. Return to the Top Introduced: 4 states
States with further action
Passed at least one chamber: TN
Vetoed: SD In March,
the SOUTH DAKOTA legislature
rejected changes to sweeping abortion legislation that had been
recommended by Gov. Mike Rounds (R) when he vetoed the measure;
the legislature's action effectively kills the bill. The measure
as passed by the legislature would have banned all abortions, except
when the pregnancy would either endanger the woman's life or cause
her irreversible physical harm. The legislature had passed the original
version of the measure in February. In April,
a subcommittee in the TENNESSEE
House rejected a measure that would have placed a constitutional
amendment on abortion on the 2004 ballot. The proposed amendment
would have asserted that the state constitution neither protects
a woman's right to abortion nor requires public funding of abortion.
The ballot initiative had passed the Senate in March. Return to the Top Introduced: 22 states
States with further action
Committee action: AL, CA, MD, NE and NH
Passed at least one chamber: AK, KS and OK
Enacted: KY, MS and VA
Vetoed: IA and WV In April,
the ALASKA Senate passed legislation
that would allow an "unborn child" at any point in gestation to
be considered a victim of murder and assault. The measure would
not apply to legal abortion and medical treatment or to any actions
taken by the pregnant woman. The legislature has now adjourned for
the year.
In March,
the KANSAS House approved a
measure that would allow an "unborn child," from conception to birth,
to be considered a victim of murder if the pregnancy is ended during
the commission of a felony or misdemeanor, or as the result of a
car accident. The measure would specifically exclude actions by
the pregnant woman and medical treatment, including abortion. The
legislature has now adjourned for the year.
In May, IOWA
Gov. Tom Vilsack (D) vetoed legislation that would have allowed
a fetus, at any point in gestation, to be considered a victim of
murder or attempted murder. The House and Senate approved the bill
in April.
In
June, the KENTUCKY
Supreme Court held that a viable fetus is a human being
for the purposes of the state's homicide statute. The decision,
which applies only to a viable fetus, is separate from legislation
enacted in February
that allows an “unborn child” from the moment of conception to be
considered a victim of murder. That law exempts actions taken by
a health care provider during a legal abortion, fertility procedures
and medical treatment, as well as actions taken by a pregnant woman
that result in the end of a pregnancy.
(ENACTED)
In May, MISSISSIPPI Gov. Haley
Barbour (R) signed legislation that revises the state's fetal homicide
law. The new law allows an "unborn child" at any point from conception
through delivery to be considered a victim of homicide or manslaughter.
(The prior state law had allowed an "unborn quick child" to be considered
a victim of manslaughter. "Quickening" is the point in pregnancy
when the woman first feels fetal movement.) The measure passed the
Senate in March and the House
in April. The law goes into effect
in July. In March,
the OKLAHOMA House approved
a bill that would allow an "unborn child" from conception through
delivery to be considered a victim under the state's murder statutes.
The bill would exempt legal abortion, medical treatment and any
acts taken by the woman from prosecution. The legislature has now
adjourned for the year.
(ENACTED)
In May, VIRGINIA Gov. Mark
Warner (D) signed legislation that allows a fetus to be considered
a victim of murder. Gov. Warner had attempted to include an exception
for legal abortion but was rebuffed by the legislature in April;
as a result, the new law does not include exceptions. The two measures
that comprise the law signed by the governor had passed each house
of the legislature in February.
The law goes into effect in July. In March,
WEST VIRGINIA Gov. Wise (D)
vetoed a measure that would have allowed a fetus at any point in
gestation to be considered a victim of murder. Under the measure,
the pregnant woman and the fetus would have been considered two
distinct victims for the crimes of murder, manslaughter and assault.
Legal abortion, medical treatment, actions taken in self-defense
and any actions taken by the woman were excluded. Return to the Top In January,
a CALIFORNIA state appeals
court upheld a lower court decision dismissing a lawsuit brought
against Planned Parenthood Federation of America on the grounds
that information on its Web site attesting to the safety of abortion
procedures and denying a link between breast cancer and abortion
is false and misleading. The judge ruled that the information on
the Web site is not inaccurate and is protected speech under both
the California and federal constitutions. Return to the Top Women
Required to Receive State-Directed Counseling: Introduced: 12 states
States with further action
Committee action: MN
Passed at least on chamber: AK
Click
here for current status of state policy
In May, the
ALASKA House passed a bill
that would require a physician to provide counseling to a woman
before performing an abortion. The physician would have to provide
information on the gestational age, the abortion procedure and the
risks associated with it. Additionally, the state would be required
to develop printed materials and maintain a Web site containing
information on fetal development, abortion methods, risks associated
with abortion and with carrying pregnancies to term, and information
on agencies providing childcare assistance or family planning counseling.
The bill would also require abortions to be provided by physicians
only (see above, Physician-Only Requirements). The bill passed
the Senate last year and is awaiting consideration by Gov. Frank
Murkowski (R). Requirements
for State-Directed Counseling Followed by a Waiting Period: Introduced: 20 states
States with further action
Committee action: CO
Passed at least one chamber: ID and OK
Vetoed: AZ
Click here for current status of state policy In
June, a U.S. District Court judge ruled that ALABAMA
can begin distributing informational pamphlets to women seeking
abortions. In January, the judge had approved a settlement regarding
the state's counseling and waiting period law, which requires that
the state develop informational materials must be distributed to
women 24 hours prior to an abortion. Among other things, the settlement
directed the state to not include material alleging a link between
breast cancer and abortion. In July 2003, distribution of the materials
was enjoined, pending a judicial review to determine the accuracy
of the information.
In March,
ARIZONA Gov. Janet Napolitano
(D) vetoed legislation that would have required a woman to receive
counseling and then wait 24 hours before having an abortion. The
measure, which had included an exception in the case of a medical
emergency, would have required the physician to inform the woman
of the gestational age of the fetus, risks associated with the procedure
and alternatives to abortion. Prior to the procedure, the woman
would have had to certify in writing that she had received counseling.
The legislature had passed the measure in February. In March,
a committee in the IDAHO House
rejected a measure that would have required a woman to receive counseling
either by telephone or in person, and then wait 24 hours before
obtaining an abortion. The measure would have required the physician
to counsel women on the abortion procedure and provide information
on the gestational age of the fetus, as well as on the medical risks
associated with abortion and with carrying the pregnancy to term.
The physician would also have been required to inform women of the
availability of additional information on a state-developed Web
site. The measure was passed by the Senate earlier in March.
In
June , a federal district court judge blocked MISSOURI'S
law requiring women to receive counseling and wait 24 hours before
obtaining an abortion. This law has been the subject of litigation
since it was enacted in September 2003 over Gov. Bob Holden's (D)
veto. Almost as soon as the law was enacted, a federal district
court judge imposed a temporary restraining order barring its enforcement.
In May, a federal appeals court lifted that order, clearing the
way for the implementation of the law. At that point, Planned Parenthood
of Missouri announced that it would pursue the case in state court
and asked the original district court judge to enjoin enforcement
in order to permit the suit to proceed; that request was granted
in June.
In March,
the OKLAHOMA House passed a
measure that would require a woman to receive state-directed counseling
and then wait 24 hours prior to having an abortion. The measure
would require the physician to inform the woman in person or over
the phone of the medical risks associated with abortion and carrying
the pregnancy to term, the gestational age of the fetus and the
availability of additional information on a state-developed Web
site. The measure would allow an exception in the case of medical
emergency, life endangerment or threat to the woman's physical health.
The legislature has now adjourned for the year.
Return to the Top
Introduced: 4 states
States with further action
Passed at least one chamber: OH (ENACTED)
In
June , OHIO Gov. Bob
Taft (R) signed a measure that permits Mifepristone to be provided
only by physicians. The measure also requires physicians to submit
a written report to the state medical board on any complications
that result from a woman's having taken Mifepristone. The bill,
which had passed the Senate in May
and the House last year, will take effect in September.
Return to the Top Parental
Consent Requirements: Introduced: 12 states
States with further action
Committee action: WI
Vetoed: MI
Click here for current status of state policy In February, the MICHIGAN legislature failed to override Gov. Jennifer Granholm's
(D) veto of a measure to amend the judicial bypass provisions of the state's
existing parental consent statute. The measure would have outlined specific
factors that a judge must consider when ruling on a minor's request, including
familial dependence, school attendance, academic performance, life experiences
and the circumstances of the pregnancy, as well as the reasons for seeking an
abortion and for wanting a judicial bypass. The current law specifies only that
a judge consider the minor's maturity when ruling on a minor's request. The
measure had passed the legislature in January. Parental
Notification Requirements: Introduced: 12 states
States with further action
Passed at least one chamber: FL and GA
Enacted: NE
Click here for current status of state policy In April, the FLORIDA legislature passed a measure to add a proposed
constitutional amendment to the November 2004 ballot. The proposed amendment
would require an unemancipated minor to notify a parent or guardian prior to
obtaining an abortion. If the amendment is approved by the voters, the
legislature would then be able to add a provision allowing a minor to obtain
court approval in lieu of notifying a parent. Proponents believe an amendment
is necessary because the Florida Supreme Court knocked down the state's
parental notification law last year. In February,
the GEORGIA Senate passed a bill that would amend the state's parental
notification law. The measure would require a parent or guardian
to show proof of identification when accompanying a minor seeking
an abortion. Alternatively, the physician would be required to inform
one parent of the minor's intent, as well as the location of the
abortion facility, at least 24 hours prior to the procedure. If
the parent being notified indicates either that he or she already
knew of the minor's intent or has no wish to consult with the minor,
the waiting period may be waived. The bill would allow the minor
to petition for a judicial bypass. The legislature has now adjourned
for the year.
(ENACTED) In March, NEBRASKA Gov. Mike Johanns (R) signed legislation to eliminate
the requirement that school districts inform students that a parent must be
notified before a minor obtains an abortion. Currently, each district must
provide this information to students, along with information about the process
for obtaining a judicial bypass. It passed the legislature earlier in March. Parental Involvement-Other: Introduced: 1 state
States with further action
Passed at least one chamber: MO In April,
the MISSOURI House passed a measure that would prohibit a person
from helping a minor obtain an abortion without parental consent,
regardless of whether the procedure was performed in or out of state.
In addition to imposing criminal penalties, the bill would allow
a minor or her parent to sue any person who fails to comply. The
legislature has now adjourned for the year.
Return to the Top Introduced: 8 states
States with further action
Committee action: NH and MA
Enacted: MI and UT
Click here for
current status of state policy
(ENACTED)
In June , the MICHIGAN legislature enacted
legislation that bans so-called “partial-birth” abortion by defining
a fetus as a “legally born person” after the point when any part
of the fetus is outside the woman's body and has shown signs of
life. The law contains an exception for cases of life endangerment
or threat to the woman's physical health. Gov. Jennifer Granholm
(D) had vetoed the measure in October 2003, but a citizens' petition
sent the bill back to the legislature, which then enacted it without
her approval. The law takes effect in March 2005.
In May, a
federal district court judge temporarily blocked enforcement of
UTAH'S newly-enacted "partial-birth"
abortion ban. The suit claims that the law is unconstitutional because
it lacks a health exception—thereby allowing the procedure
only when the woman's life is threatened—and is potentially
applicable to a range of abortion procedures. The law allows the
"father" of the fetus and the pregnant woman's parents to sue for
financial damages. The ban, which had been signed by Gov. Olene
Walker (R) in March, was blocked
the day it was scheduled to go into effect.
In February,
a federal District Court judge permanently enjoined VIRGINIA'S
ban on "partial-birth" abortion that had been enacted last year.
The judge ruled that because of the vagueness of the law's definition
of the procedure being banned and the absence of a health exception,
the measure did not meet the requirements of the U.S. Supreme Court's
2000 ruling in Stenberg v. Carhart.
Return to the Top Introduced: 7 states
Click here for current status of state policy
Return to the Top Introduced: 9 states
States with further action
Committee action: NC and RI
Click here for current status of state policy Return to the Top Introduced: 4 states
Click here for
current status of state policy Return to the Top
Introduced: 14 states
States with further action
Committee action: NH and TN
Enacted: UT
Click here for
current status of state policy
(ENACTED)
In March, UTAH Gov. Olene Walker
(R) signed a measure permitting public funding of abortion when
the woman would suffer irreparable physical harm as a result of
the pregnancy. The state currently funds abortions only in cases
of life endangerment, rape and incest. The Senate passed the measure
in January;
the House passed it in February.
Return to the Top Introduced: 7 states
States with further action
Committee action: NH
Passed at least on chamber: AK
Enacted:
OH
In May, the
ALASKA House passed a bill
that would reiterate the state's current law that limits the performance
of abortions to physicians. This limitation is a part of a larger
measure (see above, Counseling) that had passed the
Senate last year and is awaiting consideration by Gov. Frank Murkowski
(R).
(ENACTED)
In June, OHIO Gov.
Bob Taft (R) signed a measure that permits Mifepristone to be provided
only by physicians. The measure also requires physicians to submit
a written report to the state medical board on any complications
that result from a woman's having taken Mifepristone. The bill,
which had passed the Senate in May
and the House last year, will take effect in September.
Return to the Top
Reporting
Statistical Information to State Agencies
Introduced: 12 states
States with further action
Committee action: AK, NH, OK and VA
Enacted: MS and SD
Click here for
current status of state policy In May, MISSISSIPPI
Gov. Haley Barbour (R) signed a measure to require a physician to
file a written report with the Health Department regarding any patient
treated for complications resulting from an abortion. The law will
require the physician to report the cost of treatment and whether
it was billed to private or public insurance. The law, which had
passed the House in March and
the Senate in April, goes into
effect in July.
(ENACTED)
In March, SOUTH DAKOTA
Gov. Mike Rounds (R) signed legislation expanding the information
physicians are required to report about abortion procedures. Specifically,
the measure requires physicians to report the woman's marital status,
educational status and race, and whether she is Hispanic. Additionally,
the physician will be required to include the age of the "father"
if the woman is younger than 16; the measure specially permits this
information to be used in any subsequent legal proceedings. Current
law requires reporting of only the abortion method used, gestational
age and reason for the procedure. The law will go into effect in
July. The Senate passed the measure in January; the House passed
it in February.
Return to the Top
Introduced: 25 states
States with further action
Committee action: MA, NE, NY and OK
Passed at least one chamber: CT, LA and MS
Enacted: NJ and SD
In
May, the CONNECTICUT
House approved a measure that would establish a task force to study
the ethical implications of cloning and stem cell research. The
legislature has now adjourned for the year.
In
June , the LOUISIANA
House approved a measure that would ban human cloning and research
that uses human embryos, but specifically excludes in vitro fertilization
and adult stem cell research. The Louisiana legislature addressed
several measures to ban human cloning this session. In May
the Senate passed two separate measures, one to ban cloning and
stem cell research and one to ban only cloning.
In April,
the MISSISSIPPI Senate removed
all the operative provisions of a measure to ban human cloning that
was passed by the House in March;
the Senate's action has effectively killed the bill for the year.
(ENACTED)
In January, NEW JERSEY Gov.
Jim McGreevey (D) signed a bill that bans cloning to produce a human
being, but permits the use of human embryonic stem cells for therapeutic
research purposes, including research involving somatic cell nuclear
transfer, a process often associated with cloning. The law requires
research to be reviewed to ensure that the project follows federal
regulations. In addition, it requires physicians providing infertility
treatment to inform patients that they have the option of donating
unused embryos for research. The law went into effect upon signing.
(ENACTED)
In February, SOUTH DAKOTA Gov.
Mike Rounds (R) signed a bill that bans human cloning, stem cell
research and a commonly used procedure that places the nucleus of
one cell into a different one. The law goes into effect in July.
Return to the Top CONTRACEPTION
& PREVENTION See also:
REFUSAL CLAUSES
YOUTH: Child Abuse Reporting Introduced: 9 states
States with further action
Passed at least one chamber: MN and PA
Click here for
current status of state policy
In April,
the MINNESOTA House approved
restrictions on the distribution of state family planning funds
to agencies that use other funds to provide abortion services. State-funded
family planning providers would have to be completely independent
from organizations that provide abortions. Specifically, the organizations
would have to be separately incorporated and could not share a name,
medical or nonmedical facilities, equipment, expenses or employee
wages. Under the measure, an organization that receives state funds
for family planning could provide nondirective counseling on pregnancy
options but could not provide marketing materials about abortion
services or advocate on behalf of abortion. Organizations that receive
Title X funds may provide any and all services as required by federal
statute or guideline. The bill is awaiting consideration in the
Senate.
In May, the
PENNSYLVANIA legislature approved
a state budget that includes the same abortion-related restriction
on state family planning funds that has been enacted every year
since 2002. This restriction requires programs (except for hospitals)
that receive state family planning funds to be financially and physically
separate from organizations that provide abortions or abortion-related
services. The measure allows programs using federal Title X family
planning dollars to provide nondirective counseling and referral
services as required by federal law.
Return to the Top Introduced: 21 states
States with further action
Committee action: AL, LA, MN, OK, PA, VA and
WV
Passed at least one chamber: IL and
NJ
Click here for
current status of state policy
In May, the
ILLINOIS House approved a measure
that would add a refusal clause to the state's contraceptive coverage
law. The state has a longstanding, comprehensive refusal clause
that permits an insurer to refuse to cover a medical service because
of an objection explicitly articulated in its governing documents.
The House-passed measure would allow a religious or religiously
sponsored insurer or employer to refuse to cover contraceptive services
or supplies even in the absence of a specific provision in its governing
documents. If enacted, this would expand the options available to
religious employers by allowing them to purchase insurance excluding
contraception through a secular insurer. The bill is awaiting action
by the Senate.
In
June , the NEW JERSEY
Senate approved a measure that would require insurance plans that
provide coverage of outpatient prescription drugs and supplies to
cover contraceptive prescription drugs and supplies. The measure
would exempt religious employers whose objection is based on bona
fide religious beliefs. Employers utilizing the exemption must provide
employees with a written notice of their refusal to provide contraceptive
coverage. The bill applies to insurance plans designed for the individual,
group and small-employer markets. The measure is awaiting action
in the Assembly.
Return to the Top
Offering
Emergency Contraception Services to Sexual Assault Victims:
Introduced: 12 states
States with further action
Committee action: CO and MN
Passed at least one chamber: HI, IL and MA
Click here for
current status of state policy In April,
the HAWAII Senate passed a
measure that would require hospital emergency rooms to offer written
and oral information on emergency contraception to women who have
been sexually assaulted and to provide emergency contraception to
these women on request. The bill would also require individuals
caring for women who have been sexually assaulted to receive training
on emergency contraception. The bill, which had passed the House
in March 2003, is now pending before a conference committee. (A
measure with the same intent was vetoed last year by Gov. Linda
Lingle (R) because it did not include a refusal clause; the current
measure also does not include a refusal clause.)
In March,
the ILLINOIS Senate passed
a measure that would amend the state's existing requirement that
hospital emergency rooms provide information on emergency contraception.
The measure would allow advanced nurse practitioners and physician
assistants who are acting under the aegis of collaborative practice
arrangements with physicians to prescribe emergency contraception
to sexual assault victims in emergency rooms. The bill is awaiting
action in the House.
In
June, the MASSACHUSETTS
Senate passed a measure that would require health facilities to
offer written information on emergency contraception to women who
have been sexually assaulted and to provide the medication to these
women on request. This provision is part of a larger measure (see
below, Collaborative Practice ), and is awaiting consideration
in the House.
Allowing
Pharmacists to Provide Emergency Contraception without a Prescription: Introduced: 9 states
States with further action
Committee
action: IL, MA and NY
Passed at least one chamber: NH
Enacted: ME
Click here for
current status of state policy
(ENACTED)
In March, MAINE Gov. John Baldacci
(D) signed legislation to allow pharmacists to provide emergency
contraception when acting under collaborative practice agreements
with individuals permitted by state law to prescribe medication.
The measure requires pharmacists to undergo specific training and
to provide patients with a fact sheet that will be developed by
the state's pharmacy board. The law will go into effect in July.
The legislature passed the measure in February.
In
June , the MASSACHUSETTS
Senate passed a measure that would allow trained pharmacists to
provide emergency contraception without a prescription if acting
under a collaborative practice agreement with a licensed physician.
In order to participate, the pharmacist would need to complete a
training program approved by the public health commissioner. This
provision is part of a larger measure (see above, EC in the
ER ), and is awaiting consideration in the House.
In
June , NEW HAMPSHIRE
Gov. Craig Benson (R) vetoed a measure that would have allowed pharmacists
to dispense emergency contraception without a prescription. The
measure would have required pharmacists to complete a training program
and provide prospective patients with a fact sheet developed by
the state Department of Health. The bill had passed the House in
May
and the Senate last year.
Restricting
Access to Emergency Contraception:
Introduced: 1 state
States with further action
Passed at least one chamber: VA
In March,
the VIRGINIA Senate rejected a measure that would have required
minors seeking emergency contraception to obtain parental consent,
except when doing so could have negatively affected the minor's
health. Also, the measure would require health care providers to
inform minors of the potential risks and that emergency contraception
"may inhibit implantation of a live human embryo." This information
would have to have been provided either in person or by telephone
at least four hours before the prescription was written or by mail
48 hours in advance. The House had approved the measure in February.
In February,
a committee in the VIRGINIA Senate rejected a bill that would have
banned the provision of emergency contraception by public universities;
the measure had previously passed the House earlier in the month.
Introduced: 3 states
States with further action
Committee
action: MN
Click here for
current status of state policy
Return
to the Top
PREGNANCY
& BIRTH
Introduced: 8 states
States with further action
Passed
at least one chamber: CA, HI, IL and MA
Click here for
current status of state policy
In May, the
CALIFORNIA Senate approved
a measure that would amend the state's infant abandonment law. The
measure would provide immunity to a person assisting with the surrender
of an infant except in cases of willful or gross negligence that
harms the infant. The bill is now awaiting action in the Assembly.
In March,
the HAWAII House approved a
measure that would allow an infant younger than 72 hours to be legally
abandoned under certain circumstances. The infant would have to
be relinquished to an employee of a hospital, fire station or police
station; a medical history would have to be provided. The receiving
institution would not inquire into the parent's identity but could
provide information on social services. The legislature is now adjourned
for the year.
In May, the
ILLINOIS legislature approved
two identical measures that would amend the state's infant abandonment
law to include police stations among the locations at which an infant
may be abandoned. In March, each bill had passed the house of the
legislature in which it was originally introduced. The bills are
now awaiting action by the governor.
In June,
the MASSACHUSETTS House approved
a measure that would legalize infant abandonment by a parent in
certain situations. The infant must be younger than seven
days and left with a hospital or a police or fire station. The person
receiving the infant must ask about the infant's medical history,
as well as ask for the name of the parent. The parent leaving
the infant is not required to provide any information. The
bill is awaiting action by the Senate.
Return to the Top Introduced: 8 states
States with further action
Committee action: CA and HI
Enacted: CO
Click here for
current status of state policy (ENACTED) In April, COLORADO Gov. Bill Owens (R) signed a measure that allows a
law enforcement officer to take a newborn younger than 72 hours into protective
custody. While a court order is generally required if the custody lasts longer
than 24 hours, a court order is not needed if the infant is affected by
substance abuse or exhibits withdrawal symptoms from prenatal drug exposure.
The law will go into effect in July. The Senate passed the measure in February, and the House passed it in March. Return to the Top REFUSAL CLAUSES Allowing
Health Professionals to Refuse: Introduced: 11 states
States with further action
Enacted: MS
Vetoed: WI
Click here for
current status of state policy (ENACTED) In May, MISSISSIPPI Gov. Haley Barbour (R) signed legislation allowing
health care providers—including pharmacists or other pharmacy employees,
counselors, social workers, health insurers and health care facilities—to
refuse to provide medical services, including counseling and referral, on
religious or ethical grounds. The new law also prohibits the denial of public
benefits, because of a refusal to provide or pay for services. The bill passed
the Senate in March and the House in April. It
goes into effect in July. In April, WISCONSIN Gov. Jim Doyle (D) vetoed a measure that would have
expanded the state's existing refusal clause in two ways. First, it would have
permitted nurses and pharmacists to refuse to provide abortions because of a
religious or moral objection. Second, it would have allowed a refusal to
participate in fetal tissue transplantation or the destruction of human
embryos. Allowing
Insurers to Refuse: Introduced: 6 states
States with further action
Enacted: MS
Click here for
current status of state policy (See Allowing Health Professionals to Refuse for
MISSISSIPPI.) Allowing
Pharmacists to Refuse: Introduced: 12 states
States with further action
Enacted: MS
Vetoed: WI
Click here for
current status of state policy (See Allowing Health Professionals to Refuse for
MISSISSIPPI and WISCONSIN.) Allowing
Facilities to Refuse: Introduced: 7 state
States with further action
Enacted: MS
Click here for
current status of state policy
(See Allowing Health Professionals to Refuse for MISSISSIPPI) Return to the Top Provisions
Allowing Health Professionals to Refuse to Provide Contraceptive Services Introduced: 7 states
States with further action
Enacted: MS
Click here for
current status of state policy (ENACTED) In May, MISSISSIPPI Gov. Haley Barbour (R) signed legislation allowing
health care providers—including pharmacists or other pharmacy employees,
counselors, social workers, health insurers and health care facilities—to
refuse to provide medical services, including counseling and referral, on
religious or ethical grounds. The new law also prohibits the denial of public benefits,
because of a refusal to provide or pay for services. The bill passed the Senate
in March and the House in April. It goes into
effect in July. Return to the Top Allowing
Health Professionals to Refuse: Introduced: 8 states
States with further action
Committee action: WI and WA
Passed at least one chamber: MI
Enacted: MS
Click here for
current status of state policy In April, the MICHIGAN House approved a measure that would allow individual
medical providers, including pharmacists, to refuse to provide health care
services because of a moral, ethical or religious objection. Although the
measure would explicitly prohibit an individual from refusing to provide
contraceptive services, it limits that protection to services provided "in
advance of sexual intercourse," thereby permitting a provider to refuse to
provide emergency contraception. The measure is awaiting consideration in the
Senate. (The House also approved a separate measure aimed at health care
facilities—see Allowing Facilities to Refuse.) (ENACTED) In May, MISSISSIPPI Gov. Haley Barbour (R) signed legislation allowing
health care providers—including pharmacists or other pharmacy employees,
counselors, social workers, health insurers and health care facilities—to
refuse to provide medical services, including counseling and referral, on
religious or ethical grounds. The new law also prohibits the denial of public benefits,
because of a refusal to provide or pay for services. The bill passed the Senate
in March and the House in April. It goes into
effect in July. Allowing
Insurers to Refuse: Introduced: 6 states
States with further action
Passed at least one chamber: MI
Enacted: MS
Click here for
current status of state policy (See Allowing Health Professionals to Refuse for
MISSISSIPPI.) Allowing
Pharmacists to Refuse: Introduced: 7 states
States with further action
Passed at least one chamber: MI
Enacted: MS
Click here for
current status of state policy (See Allowing Health Professionals to Refuse for
MICHIGAN and MISSISSIPPI.) Allowing
Facilities to Refuse: Introduced: 7 states
States with further action
Passed at least one chamber: MI
Enacted: MS
Click here for
current status of state policy (See Allowing Health Professionals to Refuse for
MISSISSIPPI.) In April, the MICHIGAN House approved
a measure that would allow health care facilities, including pharmacies, to
refuse to provide health care services because of a moral, ethical or religious
objection. The measure is awaiting consideration in the Senate. (The House also
approved a separate measure aimed at individual health care providers—see Allowing
Health Professionals to Refuse.) Return to the Top YOUTH See also:
ABORTION: Parental
Involvement
CONTRACEPTION & PREVENTION: Parental Involvement Introduced: 2 states
States with further action
Committee action: CA and FL Return to the Top Provisions
Requiring Sex Education: Introduced: 16 states
States with further action
Committee action: CA and MN
Passed at least one chamber: MI
Enacted: CO, MI and VA
Click here for
current status of state policy In May, COLORADO
Gov. Bill Owens (R) signed a measure that allows parents to remove
their children from sex education classes. Before any sex education
begins, a parent will receive information about the content of the
instruction and a form to use in order to register their "opt-out."
The bill passed the House in March
and the Senate April. The law
goes into effect in July.
(ENACTED)
In June, MICHIGAN
Gov. Jennifer Granholm (D) signed legislation to require school
districts that offer sex education to notify parents and provide
them with information about the content of the courses. Parents
will also be told about their right to remove their children from
the classes, observe the instruction and review class materials.
The law requires that all sex education be age-appropriate and gives
parents the right to file complaints if they believe the instruction
violates state law. The bill passed the House in May
and the Senate in June. The law goes into effect in spring, 2005.
(ENACTED)
In May, VIRGINIA Gov. Mark
Warner (D) signed legislation that amends the state's sex education
statute. Under the new law, any sex education provided by public
schools must include information about the prevention of sexual
assault and advise students that victims of sexual assault should
seek general medical care. The bill, which had passed the House
in February and the Senate in
March, goes into effect in July.
Provisions
Requiring HIV Education: Introduced: 1 state
Click here for current status of state
policy Provisions
Requiring that Sex Education Curricula be Medically Accurate: Introduced: 7 states
States with further action
Committee action: AZ, MI, MN and WA Return to the Top
Production of the State Update is made possible by support from The David and Lucile Packard Foundation and the Prospect Hill Foundation.
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