Monthly State Update:
MAJOR DEVELOPMENTS IN 2004
(as of 5/31/2004)
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 May, legislatures in 12 states (CA, DE,
LA, MA, MI, NJ, NY, NC, OH, PA, RI and SC) were in regular session. Legislatures
in 32 states (AL, AK, AZ, CO, CT, FL, GA, HI, ID, IL, IN, IA, KS, KY, ME, MD,
MN, MS, MO, NE, NH, NM, OK, 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: 16 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 measure is now awaiting consideration by the
Senate.
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 measure is awaiting consideration by the House.
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.
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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.
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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 bill is now awaiting action in the House.
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 bill is awaiting
consideration by the Senate.
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.
(ENACTED) In February, KENTUCKY Gov. Ernie Fletcher (R) signed legislation that would
allow an "unborn child" from the moment of conception to be considered a victim
of murder. The 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. The measure
passed both houses of the legislature in January.
(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 bill is now awaiting
consideration by the Senate.
(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.
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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.
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Women
Required to Receive State-Directed Counseling:
Introduced: 12 states
States with further action
Committee action: MN
Passed at least on chamber: AK
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 January, a U.S. District Court judge approved a
settlement regarding ALABAMA'S counseling and waiting period law, which requires that
the state develop informational materials that must be distributed to women 24
hours prior to an abortion. Among other things, the settlement directs the
state to not include material alleging a link between breast cancer and
abortion. Clinics began distributing the revised materials in April. 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 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 measure is awaiting consideration in the
Senate.
In May, a federal appeals court lifted a temporary restraining
order clearing the way for the implementation of MISSOURI'S law requiring women to receive counseling
and then wait 24 hours before obtaining an abortion. The court's action
effectively sends the legal challenge to the statute to the state courts. The
law had been blocked since enacted in September 2003 over Gov. Bob Holden's (D)
veto.
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Introduced: 4 states
States with further action
Passed at least one chamber: OH
In May, the OHIO Senate
passed a measure that would permit Mifepristone to be provided only by
physicians. The measure would require physicians to provide a written report to
the state medical board on any complications that occur as a result of a woman
having taken Mifepristone. The bill had passed the House last year and is
awaiting consideration by Gov. Bob Taft (R).
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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 measure is awaiting consideration by the House.
(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 measure is
awaiting consideration by the Senate.
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Introduced: 8 states
States with further action
Committee action: NH and MA
Enacted: UT
Click here fo current state policy
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.
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Introduced: 7 states
Click here fo current state policy
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Introduced: 9 states
States with further action
Committee action: NC and RI
Click here fo current state policy
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Introduced: 4 states
Click here fo current state policy
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Introduced: 14 states
States with further action
Committee action: NH and TN
Enacted: UT
Click here fo current 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.
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Introduced: 6 states
States with further action
Committee action: NH
Passed at least on chamber: AK and 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).
In May, the OHIO Senate
passed a measure that would permit Mifepristone to be provided only by
physicians. The measure would require physicians to provide a written report to
the State Medical Board on any complications that occur as a result of a woman
having taken Mifepristone. The bill passed the House last year and is awaiting consideration
by Gov. Bob Taft (R).
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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 fo current 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.
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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 bill is awaiting action in
the Senate.
In May, the LOUISIANA Senate
approved two different bans on human cloning. One would ban human cloning but
allow stem cell research. The other would ban both human cloning and stem cell
research. Both bills are awaiting action in the House.
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.
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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 fo current 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.
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Introduced: 21 states
States with further action
Committee action: AL, LA, MN, OK, PA, VA and WV
Passed at least one chamber: IL
Click here fo current 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.
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Offering
Emergency Contraception Services to Sexual Assault Victims:
Introduced: 12 states
States with further action
Committee action: CO, MA and MN
Passed at least one chamber: HI and IL
Click here fo current 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.
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 fo current state policy
In May, the NEW HAMPSHIRE
House passed a measure that would allow pharmacists to dispense emergency
contraception without a prescription in accordance with standardized procedures
and protocols to be developed by the state pharmacy board. Pharmacists would be
required to complete a training program and provide prospective patients with a
fact sheet to be developed by the state Department of Health, in consultation
with the American College of Obstetricians and Gynecologists and others. The
bill, which passed the Senate last year, is awaiting consideration by Gov.
Craig Benson (D).
(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.
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 fo current state policy
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PREGNANCY & BIRTH
See also:
ABORTION: Fetal Assault
REFUSAL CLAUSES
Introduced: 8 states
States with further action
Passed at least one chamber: CA, HI and IL
Click here fo current 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 bill is awaiting action in the Senate.
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.
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Introduced: 7 states
States with further action
Committee action: CA and HI
Enacted: CO
Click here fo current 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.
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REFUSAL CLAUSES
Allowing
Health Professionals to Refuse:
Introduced: 11 states
States with further action
Enacted: MS
Vetoed: WI
Click here fo current 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 fo current 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 fo current 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 fo current state policy
(See Allowing Health Professionals to Refuse for MISSISSIPPI)
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Provisions
Allowing Health Professionals to Refuse to Provide Contraceptive Services
Introduced: 7 states
States with further action
Enacted: MS
Click here fo current 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.
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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 fo current 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 fo current 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 fo current 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 fo current 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.)
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YOUTH
See also:
ABORTION: Parental
Involvement
CONTRACEPTION & PREVENTION: Parental Involvement
Introduced: 2 states
States with further action
Committee action: CA and FL
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Provisions
Requiring Sex Education:
Introduced: 15 states
States with further action
Committee action: CA and MN
Passed at least one chamber: MI
Enacted: CO and VA
Click here fo current 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.
In May, the MICHIGAN House
approved a measure that would require school districts that provide sex
education to notify parents and to provide them with information about the
content of the courses as well as their right to remove their children from the
classes, observe the instruction and review class materials. The bill would
also require that all sex education be age-appropriate and would give parents
the right to file complaints if they believe the instruction violates state
law. The bill is awaiting action by the Senate. (In April,
the Senate approved two different measures related to sex education; those
bills are still pending in the House.)
(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 fo current 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
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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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