Monthly State Update:
MAJOR DEVELOPMENTS IN 2005
(as of 5/1/2005)
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 May, legislatures in 33 states (AL, AK, AZ, CA, CO,
CT, DE, FL, HI, IL, IA, LA, ME, MA, MI, MN, MO, NE, NV, NH, NJ,
NY, NC, OH, OK, OR, PA, RI, SC, TN, TX, VT and WI) were in regular
session. The legislatures in 17states (AR, GA, ID, IN, KS,
KY, MD, MS, MT, NM, ND, SD, UT, VA, WA, WV and WY) have adjourned
their regular sessions.
Jump to actions around:
Abortion
Abortion Bans to Replace Roe
Choose
Life' License Plates
Crisis
Pregnancy Centers/Alternatives to Abortion
Fetal
Pain
Mandatory Counseling and Waiting Periods
Minors
Reporting
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
Fetal
Assault
Refusal Clauses: Abortion Services (See
also General Medical Services)
Contraception
& Prevention
Abortion-Related Restrictions on State
Family Planning Funds
Contraceptive Coverage
Emergency Contraception
HPV
Parental
Involvement
Requiring
Pharmacists to Dispense Contraception
State
Medicaid Family Planning Eligibility Expansions
See Also:
Youth:
Child Abuse Reporting
Refusal Clauses: Contraceptive Services
(See also General Medical Services)
Pregnancy
& Birth
Fetal
Assault
HIV
Testing of Infants and Pregnant Women
Infant
Abandonment
Substance Abuse During Pregnancy
Refusal
Clauses
Abortion Services
Contraceptive Services
General Medical Services
Youth
Child Abuse Reporting
Sex Education
See Also:
Abortion:
Minors Reporting
Abortion: Parental Involvement
Contraception & Prevention: Parental Involvement
ABORTION
See also:
CONTRACEPTION
& PREVENTION: Abortion-Related Restrictions on State Family
Planning Funds
REFUSAL CLAUSES
Introduced: 8 states
States with further action
Passed
at least one chamber: OK
Enacted:
SD
In March,
the OKLAHOMA House of Representatives approved a measure designed
to make abortion illegal in the state if the Supreme Court were
to overturn Roe v. Wade. The measure is pending in the
Senate.
In
April, the SOUTH CAROLINA House passed a measure that would
guarantee that the rights of citizens, as conferred in the state
constitution, begin at fertilization. The measure specifies that
it would not affect the prescription of emergency contraceptives
for victims of sexual assault. The bill is awaiting action by the
Senate.
(ENACTED)
In March, Gov. Mike Rounds (R), of SOUTH DAKOTA , signed legislation
that would make abortion illegal in the state, except when necessary
to save the life of the woman, if the Supreme Court were to overturn
Roe v. Wade . The measure was approved by the legislature
in February.
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'Choose
Life' License Plate Revenue Used to Fund Crisis Pregnancy Centers
Introduced: 8 states
States
with further action
Passed
at least one chamber: GA and MO
Enacted:
OH
Click
here for current status of state policy
In March,
the GEORGIA Senate passed a measure to create “Choose Life” and
“Adopt a Child” license plates. The bill is in the House. Since
the legislatures has adjourned its regular session, further action
is not expected.
In
April, a U.S. Court of Appeals panel reversed a lower court
decision invalidating LOUISIANA's “Choose Life” license plates.
The court found that the case properly belongs in state, rather
than federal, court and cleared the way for the sale of the plates,
which was authorized by the state legislature in 1999.
In
April, the MISSOURI Senate passed a bill that would authorize
the sale of “Respect Life” license plates. Proceeds from sales of
the plates would support agencies that provide “alternatives to
abortion;” the funds could not be used to support groups that provide
abortion education, referrals services. The bill also details the
information abortion providers must report to the state, prohibits
taking a minor across state lines to obtain an abortion, places
abortion-related restrictions on state family planning funds and
prohibits organizations that provide abortion services from participating
in sex education classes. The measure is awaiting action by the
House.
(ENACTED)
In February, Gov. Bob Taft (R) of OHIO signed a law authorizing
the sale of “Choose Life” license plates. Proceeds from the sale
of the plates would be used to fund nonprofit organizations that
encourage pregnant woman to choose adoption; funds could not be
distributed to agencies with ties to organizations that provide
abortion services or referrals.
In January,
the U.S. Supreme Court declined to review a lower court decision
invalidating SOUTH CAROLINA'S ‘Choose Life' license plate program.
The effort was established in 2001 and blocked later that year when
Planned Parenthood of South Carolina filed suit, claiming that the
program violates the First Amendment by denying abortion rights
supporters an equal opportunity to express their views. The state
now may either eliminate the specialty plates or offer one with
a prochoice message.
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Crisis
Pregnancy Centers/Alternatives to Abortion
Introduced: 7 states
States with further action
Passed
at least one chamber: MN, MO and OK
Enacted:
KS and ND
(ENACTED)
In April, Gov. Kathleen Sebelius (D) of KANSAS
signed a measure that creates an “alternatives to abortion” program
to fund nonprofit organizations that provide services, education
or referrals that help women carry their pregnancies to term. Programs
that provide or refer women to abortion services are not eligible
for funding. The bill was approved by the legislature in March.
In April,
the MINNESOTA House passed a measure that would provide funds for
organizations that provide pregnant women with information, referral
and assistance in accessing services so that they carry the pregnancy
to term. Abortion counseling would be permitted only if the woman's
life were endangered. The bill also has provisions on minors
reporting, fetal pain and abortion restrictions on state family
planning funds. It is waiting action by the Senate.
In
April, the MISSOURI Senate passed an omnibus package which
would create the “Respect Life Commission,” to be funded by the
sale of special license plates. The Commission would be charged
with conducting public education efforts, raising public awareness
and distributing grants from the state “alternatives to abortion”
fund. The measure is pending in the House. The legislature also
adopted a separate bill allocating $1.33 million to support organizations
that provide education, services or referrals that help low-income
women carry their pregnancies to term. Funds could not go to organizations
or affiliates of organizations that provide referrals for, facilitate
or perform abortion services. This measure is pending in a conference
committee.
In April,
the MISSOURI Senate approved a measure that would give residents
a state tax credit of up to 50% of the amount contributed to a “pregnancy
resource center” that provides information, referrals or services
to help women carry their pregnancies to term. The bill also details
the information abortion providers must report to the state, prohibits
taking a minor across state lines to obtain an abortion, places
abortion-related restrictions on state family planning funds and
prohibits organizations that provide abortion services from participating
in sex education classes. The measure is awaiting action by the
House.
(ENACTED)
In April, Gov. John Hoeven (R) of NORTH DAKOTA
signed a measure creating an “alternatives to abortion” program
to fund agencies that provide info rmation, counseling and support
services to encourage childbirth instead of abortion. Organizations
that provide abortion referrals or services will not be eligible
for funds. The measure passed the legislature in March
and becomes effective in August.
In
April, each house of the OKLAHOMA legislature passed a
measure that would require the state to provide information, through
printed materials and the Internet, on organizations and services
to assist a woman through pregnancy. The bill also addresses abortion
counseling and waiting periods, abortion reporting and fetal assault;
the Senate-passed measure also includes parental notification for
abortion. Each measure is awaiting passage by the other body.
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Fetal
Pain
(These
bills overlap with bills in the Mandatory Counseling and Waiting
Period category.)
Introduced: 19 states
States with further action
Committee
action: CA, CO and MT
Passed
at least one chamber: GA, MN and VA
Enacted:
AR
(ENACTED)
In April, ARKANSAS Gov. Mike Huckabee (R)
signed a bill amending the state's existing counseling law to require
that, except in medical emergencies, women seeking an abortion who
are at least 20 weeks pregnant must be told about the availability
of anesthesia that can be administered directly to the fetus to
help eliminate pain. The woman must also be given printed materials
containing a specific statement that at 20 weeks' gestation “the
unborn child has the physical structures necessary to experience
pain.” The bill passed the legislature in March
and becomes effective in July.
In March,
the GEORGIA Senate passed a bill that would require a 24-hour waiting
period between a woman's receipt of specified info rmation on abortion—including
info rmation on the medical risks of the procedure, fetal development,
fetal pain and alternatives to abortion—and the procedure.
The measure passed the House in February
and is awaiting action from Gov. Sonny Perdue (R).
In
April, the MINNESOTA House passed a measure the would require
a physician to inform abortion patients who have reached at least
20 weeks gestation of the option to anesthetize the fetus to eliminate
“organic pain to the unborn child.” The information would not be
required in a medical emergency. The bill also has provisions on
minors reporting, abortion alternatives and abortion restrictions
on state family planning funds. It is awaiting action by the Senate.
In
February, a measure that would require physicians to inform women
that a fetus may feel pain was passed by the VIRGINIA General Assembly,
but died at the committee level in the Senate. The measure would
have amended the state's current counseling laws to require abortion
providers to give women printed materials stating that at 20 weeks
gestation “the unborn child has the physical structures necessary
to experience pain.” The bill would also have made it a crime for
a doctor to perform an abortion after at least 20 weeks gestation
without anesthesia or other drugs unless the woman refuses the drugs
or there is a medical emergency.
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Women
Required to Receive State-Directed Counseling:
Introduced: 21 states
States with further action
Committee
action: CA, CO, MT and TX
Passed
at least one chamber: MN and VA
Enacted:
IN
Click
here for current status of state policy
(ENACTED)
In April, INDIANA Gov. Mitch
Daniels (R) signed a measure that amends the state's existing counseling
law to require practitioners to inform women seeking an abortion
of the availability of ultrasound imaging and give women the option
to view ultrasound images before undergoing the procedure. The bill
passed the legislature in March
and will go into effect in July.
In
April, the MINNESOTA House passed a measure the would require
a physician to inform abortion patients who have reached at least
20 weeks gestation of the option to anesthetize the fetus to eliminate
“organic pain to the unborn child.” The information would not be
required in a medical emergency. The bill also has provisions on
minors reporting, abortion alternatives and abortion restrictions
on state family planning funds. It is awaiting action by the Senate.
In April,
each house of the OKLAHOMA legislature passed a measure that would
require a woman to receive state-directed counseling at least 24
hours before obtaining an abortion and to be given written materials
including the name of the doctor performing the procedure, the developmental
stage of the fetus and organizations able to provide support, should
the women decide to carry her pregnancy to term. The state's medical
board would be charged with developing guidelines for physicians'
reports on the number of women receiving the info rmation. Both
versions include a fetal assault provision and would establish a
Web site with information on abortion alternatives; the Senate-passed
measure also includes a parental notification requirement. Each
measure is pending in the other house.
In February,
a measure that would require physicians to inform women that a fetus
may feel pain was passed by the VIRGINIA General Assembly, but died
at the committee level in the Senate. The measure would have amended
the state's current counseling laws to require abortion providers
to give women printed materials stating that at 20 weeks gestation
“the unborn child has the physical structures necessary to experience
pain.” The bill would also have made it a crime for a doctor to
perform an abortion after at least 20 weeks gestation without anesthesia
or other drugs unless the woman refuses the drugs or there is a
medical emergency.
Requirements for State-Directed Counseling
Followed by a Waiting Period:
Introduced: 17 states
States with further action
Passed
at least one chamber: GA and OK
Enacted:
SD
Click
here for current status of state policy
(ENACTED) In
April, ARKANSAS Gov. Mike Huckabee (R) signed a bill amending
the state's existing counseling law to require that, except in medical
emergencies, women seeking an abortion who are at least 20 weeks
pregnant must be told about the availability of anesthesia that
can be administered directly to the fetus to help eliminate pain.
The woman must also be given printed materials containing a specific
statement that at 20 weeks' gestation “the unborn child has the
physical structures necessary to experience pain.” The measure also
institutes a 24-hour waiting period between the time the woman receives
the counseling and the procedure. The bill passed the legislature
in March and becomes effective
in July.
In
March, the GEORGIA Senate passed a bill that would require a 24-hour
waiting period between a woman's receipt of specified info rmation
on abortion—including information on the medical risks of the proceudre,
fetal development, fetal pain and alternatives to abortion—and the
procedure. The measure passed the House in February
and is awaiting action from Gov. Sonny Perdue (R).
In March,
the OKLAHOMA House of Representatives passed a bill that would require
a 24-hour waiting period between when a woman receives detailed
info rmation on abortion and when the procedure is performed. The
bill would require the Department of Health to produce the info
rmational materials and to post the info rmation on its Web site.
The bill would also require parental notification at least 48 hours
before an abortion is performed on a minor and mandate that physicians
and judges file reports with the department. The bill is pending
in the Senate.
(ENACTED)
In March, Gov. Mike Rounds (R) of SOUTH DAKOTA signed a law amending
the state's counseling and waiting period requirement. The new law
requires that women be given specific information alleging an increased
risk of depression, psychological distress and suicide following
abortion. Women must also be info rmed that the abortion will “terminate
the life of a whole, separate, unique, living human being.” While
state law had previously required that women be counseled orally
24 hours before an abortion, the new measure requires that they
must also receive written materials at least two hours before the
procedure. The law was approved by the legislature in February
and goes into effect in June.
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Minors
Reporting Requirements
Introduced: 11 states
States with further action
Committee
action: FL, NM, OR and TX
Passed
at least one chamber: GA, IA, MN, OK and WV
Enacted:
AR and ID
(ENACTED)
In March, ARKANSAS Gov. Mike Huckabee (R) signed legislation
requiring doctors to obtain parental consent before performing an
abortion on a minor. The physician must report whether consent was
required, how it was obtained or whether it was waived because of
a medical emergency or because a judicial bypass was granted. In
February, the House and Senate approved the measure, which replaces
the state's previous parental notification requirement; it will
take effect in early June.
In March,
the GEORGIA Senate passed legislation that would require physicians
to file annual reports with the Department of Human Resources on
abortions performed on minors. Reports would provide information
on the number of cases in which consent was given, and on how often
the requirement was waived, either because of a court order or a
medical emergency. The Department of Human Resources would publish
an annual report that would hide the identity of the minors. The
measure would also require that a minor's parents' consent before
an abortion is performed. In February, the measure was approved
in the House and is currently awaiting the Governor's signature.
(ENACTED)
In April, IDAHO Governor Dirk Kempthorne (R) signed legislation
amending the state's parental consent law that had been ruled unconstitutional
in 2004. The new parental consent law includes reporting requirements
specific to minors. Abortion providers must report to the
Department of Health if consent from a parent was received, waived
by a judicial bypass or not obtained because of a medical emergency.
In March, both chambers of the state legislator passed the bill
which is in effect.
In March,
the IOWA House of Representatives passed a bill that would require
a health care provider performing an abortion on a minor to record
whether the parents were notified, whether the notification requirement
was waived by the juvenile court or whether and why the notification
requirement was inapplicable in that case. The measure would require
that all reporting be done in such a way that the names of the patients,
health care professionals, court officials and judges remain anonymous.
The bill is pending in the Senate.
In
April, the MINNESOTA House passed an omnibus bill that
includes new reporting guidelines for physicians who perform abortions
on minors. Physicians would need to fill out a form prepared by
the Department of Health detailing the minor's age, race and county
of residence and how the minor's parents were notified. If
notice was not delivered, physicians would need to detail why and
the process for obtaining a the judicial bypass. The Department
of Health would be required to publish this information, along with
statistics on judicial bypasses in the state, once a year.
The measure is currently awaiting action by the Senate. The bill
also has provisions on alternatives to abortion, fetal pain and
abortion restrictions on state family planning funds. It
is waiting action by the Senate.
In April,
each house of the OKLAHOMA legislature passed a measure that would
require a woman to receive state-directed counseling at least 24
hours before obtaining an abortion and to be given written materials
including the name of the doctor performing the procedure, the developmental
stage of the fetus and organizations able to provide support, should
the women decide to carry her pregnancy to term. The state's medical
board would be charged with developing guidelines for physicians'
reports on the number of women receiving the info rmation. Both
versions include a fetal assault provision and would establish a
Web site with information on abortion alternatives; the Senate-passed
measure also includes a parental notification requirement. Each
measure is pending in the other house.
In March,
the WEST VIRGINIA Senate passed a measure that would amend the state's
parental notification law to require physicians and judges to report
abortions performed on minors to the Department of Health. Physicians
would be required to provide information on whether and how notification
was delivered and whether notice was waived because of medical emergency
or judicial bypass. Judges would be required to notify the department
of the number of judicial waivers sought and the outcome for each
case. The department would publish a yearly report that would hide
the identity of the minors. The measure would also require that
parents be notified 48 hours before the procedure (existing law
requires 24 hours' advance notice). The bill is awaiting action
in the House.
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Parental
Consent Requirements:
Introduced: 15 states
States with further action
Committee
action: TX
Past at
least one chamber: MO
Enacted:
AR and ID
Click
here for current status of state policy
(ENACTED) In March, ARKANSAS Gov. Mike Huckabee (R)
signed legislation requiring doctors to obtain parental consent
before performing an abortion. It also establishes a judicial bypass
procedure and includes an exception when an abortion is necessary
to preserve the health of the minor. In February,
the House and Senate approved the measure, which replaces the state's
previous parental notification requirement; it will take effect
in early June.
(ENACTED)
In April, IDAHO Gov. Dirk Kempthorne (R) signed
legislation amending the state's parental consent law that had been
ruled unconstitutional in 2004. The new law includes a broader definition
of “medical emergency” and requires that a minor's parents be notified
within 24 hours of the emergency abortion procedure. In addition,
the law allows the court to appoint a guardian to investigate the
circumstances of a minor's pregnancy when she petitions for a judicial
bypass. A challenge to the measure has been filed. In March,
the measure was passed by both chambers of the legislature.
In March,
the MISSOURI House passed a measure that would amend the state's
parental consent law by making it illegal to take a minor across
state lines to circumvent the state's parental involvement requirement.
The measure is awaiting passage in the Senate.
Parental Notification
Requirements:
Introduced: 22 states
States with further action
Committee
action: IL, NM and OR
Passed
at least one chamber: FL, GA, MT, OK and WV
Enacted:
SD
Click
here for current status of state policy
In
April, the FLORIDA House passed a measure that would require
parental notice before an abortion is performed on a minor. The
minor's physician would be required to give 48 hours' notice to
one parent, either in person or through certified mail. The notice
requirement could be waived in the case of a medical emergency,
but must then be given afterwards. The requirement could also be
waived if the minor obtains a judicial bypass or is married. The
bill would restrict the judicial bypass option to minors aged 16
and older and allow seven days for a judge to decide the case. The
measure is awaiting action by the Senate.
In March,
the GEORGIA Senate passed legislation that would require parental
consent for minors obtaining abortions. The measure is designed
to replace the state's existing parental notification law . The
bill would also require a 24-hour waiting period between when a
woman receives detailed info rmation on abortion and when the procedure
is performed. The measure was approved in the House in February,
and is awaiting Gov. Sonny Perdue's (R) signature.
In
April, the MISSOURI Senate passed a measure that would
make it illegal to transport a minor across state lines for an abortion
to avoid parental involvement statutes. The bill also provides funding
for crisis pregnancy centers, details the information abortion providers
must report to the state, places abortion-related restrictions on
state family planning funds and prohibits organizations that provide
abortion services from participating in sex education classes. The
measure is awaiting action by the House.
In February,
the MONTANA House approved an amendment to the state's current parental
notification law. The measure would give judges greater discretion
in deciding when to bypass the notification requirement by allowing
them to waive notice if the minor were “competent” or the abortion
were in her “best interest.” The measure would also give judges
greater latitude in determining when a minor might be subject to
parental abuse if notice were required. The measure is awaiting
consideration by the Senate.
In
April, the OKLAHOMA Senate passed a bill that would require
a physician give 48 hours' notice to one parent before performing
an abortion on a minor. Notice would not be necessary in the case
of a medical emergency or if the minor receives a judicial bypass.
The bill also includes provisions related to fetal assault, counseling
and waiting periods for women obtaining abortion, and a Web site
with information on abortion alternatives. The measure is awaiting
concurrence by the House, which had passed a different parental
notification measure in March.
(ENACTED)
In March, the SOUTH DAKOTA House approved, and the Governor
signed into law, a measure amending the state's parental notification
law. The new law will allow notification to be waived if the minor's
parents provide a certified document confirming that they know about
the procedure. The bill would also require a doctor to notify a
minor's parents within 24 hours of an emergency abortion. In February,
the Senate approved the measure. The changes will be effective in
July.
In March,
the WEST VIRGINIA Senate passed a measure amending the state's parental
notification law. The bill would require 48 (as opposed to 24) hours'
notice be given to one of the minor's parents either in person or
through certified mail. It would also close a loophole that had
allowed physicians to waive notification if they found the minor
sufficiently mature or that notification would not be in her best
interest. The measure would also require doctors to report abortions
to the Department of Health, and include info rmation on if and
how notification was delivered, if a medical emergency existed or
if a judicial bypass was granted. The bill is currently awaiting
action in the House.
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Introduced: 9 states
States with further action
Committee
action: IL
Passed
at least one chamber: AR
Click
here for current status of state policy
In
April, the ARKANSAS House passed a measure that would ban
“partial-birth” abortions except in rare circumstances. The measure
would allow the procedure only if a second, unaffiliated physician
certifies that it is necessary to save a woman's life or prevent
major physical impairment. Abortions using this procedure would
have to be reported to the Department of Health. The measure is
awaiting action by the Senate.
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Physician-Only
Requirements
Introduced: 9 states
States with further action
Passed
as least one chamber: OK
Enacted:
MT
(ENACTED)
In April, Gov. Brian Schweitzer (D)
of MONTANA signed a law permitting physician assistants to provide
abortion services. The measure repeals the state's existing physician-only
law that has not been in effect since it was ruled unconstitutional
by the state Supreme Court in 1999. The bill passed the legislature
in March and becomes effective
in October.
In March,
the OKLAHOMA House of Representatives passed a bill that would make
it illegal for anyone who is not a physician to prescribe mifepristone
(RU-486). The bill would also require that physicians prescribing
mifepristone perform follow-up exams on their patients and report
any resulting complications. The bill is pending in the Senate.
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Introduced: 4 states
Click
here for current status of state policy
Return
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Introduced: 9 states
Click
here for current status of state policy
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Introduced: 4 states
States with further action
Committee
action: UT
Enacted:
MT
Click
here for current status of state policy
In
April, the U.S. Supreme Court refused to hear an appeal
of a lower court ruling upholding MASSACHUSETT'S clinic access law.
The law, which passed in 2000, mandates a six-foot buffer zone around
people within 18 feet of clinic entrances and prohibits interacting
with clinic visitors or staff for the purpose of counseling or protesting
within this designated area.
(ENACTED)
In April, MONTANA Gov. Brian Schweitzer (D)
signed a law making it illegal to knowingly obstruct or hinder entry
to or exit from a health care facility, including a physician's
office. The measure prohibits anyone from coming within eight feet
of a person near the facility to provide info rmation, distribute
materials or protest abortion without that person's consent. The
measure passed the legislature in February
and becomes effective in October.
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Introduced: 6 states
Click
here for current status of state policy
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Reporting
Statistical Information to State Agencies
Introduced: 8 states
States with further action
Committee
action: MN
Passed
at least one chamber: AR and MO
Click
here for current status of state policy
In
April, the ARKANSAS House passed a measure that would require
physicians to report the occurrence of “partial-birth” abortions
to the state Department of Health. The measure, which includes several
other restrictions concerning the procedure, is awaiting action
by the Senate.
In April,
the MISSOURI Senate passed a bill that would expand existing state
abortion reporting requirements to include information on the procedure,
the specific reason the woman was having the abortion and whether
she had been using any method of contraception when she became pregnant.
While the information would be obtained from the woman voluntarily,
the physician would be required to make all “reasonable efforts”
to obtain it. The bill also provides funding for crisis pregnancy
centers, prohibits taking a minor across state lines to obtain an
abortion, places abortion-related restrictions on state family planning
funds and prohibits organizations that provide abortion services
from participating in sex education classes. The measure is awaiting
action by the House.
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Introduced: 29 states
States with further action
Committee
action: CT, IL, MO, MN and NY
Passed
at least one chamber: HI, IN, MD, MA, MS and WA
Enacted:
AZ and VA
(ENACTED)
In April,
the ARIZONA House passed, and Gov. Janet Napolitano (D) signed,
a measure creating a fact-finding board to explore issues related
to stem cell research and provide advice on how it may be regulated
on a statewide level. The panel will report back to the legislature
in the fall of 2005 and again in the fall of 2006. The law passed
the Senate in March; it takes
effect immediately.
(ENACTED)
In April, the ARIZONA Senate passed, and Gov.
Janet Napolitano (D) signed, a measure prohibiting the use of public
money and institutions for human cloning. Because the measure defines
cloning as the process of inserting the genetic material from one
cell into another cell that has had its nucleus removed, it would
also have the effect of prohibiting funding for therapeutic embryo
research that uses this process. The bill passed the House in February;
it will take effect in August.
In
April, the HAWAII state legislature gave serious consideration
to three virtually identical measures that would explore the feasibility
of stem cell research in that state. The measures, two of which
were passed in the House and one in the Senate, would charge the
University of Hawaii with examining the possible benefits and drawbacks
of encouraging stem cell research in the state and reporting back
to the legislature for the beginning of the 2006 legislative session.
One of the measures has passed both chambers while two await passage
by the Senate.
In
April, the INDIANA House passed a measure that would prohibit
human cloning and the use of public funds or facilities for cloning
research. The measure, which was passed by the Senate in March,
would protect adult and fetal stem cell research, create a center
for adult stem cell research at Indiana University and charge the
Department of Health to examine the feasibility of creating an embryo
adoption bank to preserve embryos that would otherwise be destroyed.
The measure is awaiting the governor's signature.
In March,
the MARYLAND House passed a bill to establish the Maryland Stem
Cell Research Fund to support research on human embryos donated
from infertility treatments. The bill would also require that infertility
patients be given the full range of options when deciding on how
to dispose of unused embryos. The measure, which prohibits human
cloning, is in the Senate. Since the legislature has adjourned its
regular session, no further action is expected.
In
April, the MASSACHUSETTS House passed a measure that would
ban human reproductive cloning while permitting stem cell research.
An advisory panel would oversee research and issue permits; a second
professional panel would review programs and advise researchers.
The measure passed the Senate in March
and is awaiting concurrence from the House.
In February,
the MISSISSIPPI Senate passed a measure that would prohibit human
cloning in the state. The bill defined cloning as the introduction
of human genetic material into a cell that has had its nucleus removed
in order to produce a human or mostly human organism. (On March
1, the measure died in a committee in the House.)
(ENACTED)
In March, VIRGINIA Governor Mark Warner (D) signed
legislation establishing the Christopher Reeve Stem Cell Research
Fund. While the measure will fund adult stem cell research, funding
for human embryonic stem cell research is explicitly prohibited.
In February, the measure passed
both chambers of the General Assembly. The new law will be effective
July 1, 2005.
In February,
a VIRGINIA Senate committee defeated a measure that would have prohibited
financial payment for acquiring or transferring tissue from an abortion.
The bill had been approved by the House earlier in the month. Since
the legislature has adjourned its regular session, no further action
is expected.
In
April, the WASHINGTON Senate defeated a measure that would
have established a stem cell advisory committee to address scientific
and ethical concerns related to the research. The bill passed the
House in March.
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CONTRACEPTION
& PREVENTION
See also:
REFUSAL
CLAUSES
YOUTH: Child Abuse Reporting
Introduced: 8 states
States with further action
Passed
at least one chamber: MN, MO and PA
Click
here for current status of state policy
In
April, the MINNESOTA House passed a measure that would
restrict state grant funds used for family planning. Under the measure,
funds could not go to directly or indirectly pay for abortion services
or to an organization that either provides abortion services or
considers abortion part of the continuum of reproductive health
services. Affiliated organizations could receive funding
if they do not share the name, medical and nonmedical facilities,
expenses, employee wages, equipment, supplies or recordkeeping with
an abortion provider. Organizations that receive Title X funds
would be able to provide the nondirective counseling and referral
required by federal law or guidelines. The bill also has provisions
on minors reporting, alternatives to abortion and fetal pain.
It is waiting action by the Senate.
In
April, the MISSOURI Senate passed a measure that would
prohibit organizations that provide abortion services, including
referrals, from receiving public funds from the state, including
federal dollars that pass through the state's treasury. The measure
would allow an independent affiliate of an abortion provider to
offer the nondirective counseling required by federal law. Specifically,
an independent affiliate could provide the nondirective counseling
required by Title X if there is a specific written order from the
U.S. Department of Health and Human Services and refusal to provide
the services would result in the withholding of federal funds to
the organization. The bill also provides funding for crisis pregnancy
centers, details the information abortion providers must report
to the state, prohibits taking a minor across state lines to obtain
an abortion and prohibits organizations that provide abortion services
from participating in sex education classes. The measure is awaiting
action by the House.
In
April, the PENNSYLVANIA House passed the state's budget
which includes restrictions on state family planning funds that
have been in place since 2002. These restrictions require agencies
(except for hospitals) that receive state family planning funds
to be financially and physically separate from organizations that
provide abortions or abortion-related services, but allow programs
funded through Title X to provide nondirective counseling and referral
services as required by federal law. The bill is awaiting action
by the Senate.
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Introduced: 12 states
States with further action
Committee
action: SD and UT
Passed
at least one chamber: MT, OR and WV
Enacted:
AR
Click
here for current status of state policy
(ENACTED)
In April, ARKANSAS Gov. Mike Huckabee (R)
signed legislation requiring health insurance plans that cover prescription
drugs to cover prescription contraceptive drugs and devices, except
for emergency contraception. A religious employer may decline to
provide contraceptive coverage if the employer serves a “religious
purpose,” is designated as a nonprofit organization under federal
law, has as one of its primary purposes the inculcation of religious
values and primarily employs people that share those values. The
bill also passed both chambers of the legislature in April, and
goes into effect in June.
In
April, a committee in the MONTANA House defeated legislation
that would have required health insurance policies that include
coverage of prescription drugs to cover contraceptive drugs and
devices. The measure had passed the Senate in February.
In March,
the OREGON Senate passed a measure that would require health plans
that cover prescription drugs to also cover all FDA-approved contraceptive
drugs and devices, as well as related outpatient medical services.
The bill specifically allows medical professionals to refuse to
provide these services and requires that the patient must be notified
of the objection. The measure is awaiting consideration by the House.
In
April, the WEST VIRGINIA Senate adopted a measure that
would require health plans that cover prescription drugs and devices
and outpatient services to cover prescription contraceptive drugs
and devices and related outpatient services. The mandate would apply
only to adults; coverage would not be required for minor dependents.
A religious employer could refuse coverage if its operating principles
include sincerely held religious beliefs and it is designated as
a nonprofit or a church under federal law or if it is listed in
the Official Catholic Directory. If an employer refuses to provide
coverage, employees must receive written notice and would be permitted
to purchase the coverage at the group rate. The measure was passed
by the House in March
and is awaiting action by Gov. Joe Manchin (D). (The
bill was signed on May 4.)
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Offering
Emergency Contraception Services to Sexual Assault Victims:
Introduced: 15 states
States with further action
Committee
action: HI and SD
Passed
at least one chamber: AR
Enacted:
NJ
Vetoed:
CO
Click here for current status of state
policy
In
April, COLORADO Gov. Bill Owens (R) vetoed a measure that
would have required that a victim of sexual assault receive information
about emergency contraception and either the medication or a referral
to a nearby pharmacy when requested. If the woman was either already
pregnant or “not at risk of becoming pregnant as a result of the
sexual assault,” the hospital would not have been required to provide
the medication. Individual medical providers would have been allowed
to refuse based on their moral or religious beliefs. The measure
passed the House in January and the
Senate in March.
(ENACTED)
In March, Acting NEW JERSEY Gov. Dick Codey (D) signed a measure
requiring hospital emergency rooms to give medically accurate info
rmation about emergency contraception to women who have been sexually
assaulted, and to provide the medication to these women on request.
The new law does not require hospitals to provide emergency contraceptives
if contraindicated or if the woman is already pregnant. The measure,
which passed the Assembly last December and the Senate in February,
goes into effect in June.
Allowing
Pharmacists to Provide Emergency Contraception without a Prescription:
Introduced: 7 states
States with further action
Committee
action: IL
Passed
at least one chamber: MD, NH and NY
Click
here for current status of state policy
In March,
the MARYLAND Senate defeated a measure that would have allowed pharmacists
to dispense emergency contraceptives under the aegis of a collaborative
practice agreement with a physician.
In March,
the NEW HAMPSHIRE Senate approved a measure that would allow pharmacists
to dispense emergency contraceptives without a prescription if under
the aegis of a collaborative practice arrangement with a physician
and under protocols developed by the Board of Pharmacy. When dispensing
emergency contraceptives, pharmacists would be required to provide
patients with a fact sheet on emergency contraception developed
by the board. The measure is awaiting action by the House.
In January,
the NEW YORK Assembly approved a measure that
would allow pharmacists and registered nurses to dispense emergency
contraception without a prescription if acting under the aegis of
an agreement with a physician, nurse practitioner or licensed midwife. The
pharmacist would be required to complete training on emergency contraception
and provide clients with a fact sheet that would be developed by
the state department of health. The measure is awaiting consideration
by the Senate.
Expanding
Access to Emergency Contraception:
Introduced: 6 states
States with further action
Committee
action: MN
Passed
at least one chamber: HI
Click
here for current status of state policy
In
April, the HAWAII Senate adopted a resolution that would
require the state to develop and disseminate materials on the availability
of emergency contraception. The measure is awaiting action by the
House.
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Restricting
Access to Emergency Contraception:
Introduced: 4 states
States with further action
Enacted:
AR and IN
(ENACTED)
In April,
ARKANSAS Gov. Mike Huckabee (R) signed legislation mandating contraceptive
coverage in private insurance but excluding emergency contraception
from the requirement. The measure passed both chambers of the legislature
in April and goes into effect in June.
(ENACTED)
In April, INDIANA Gov. Mitch Daniels (R) signed
legislation that directs the state to apply to for a federal waiver
to expand eligibility for Medicaid-funded family planning services
to women for two years following a Medicaid-funded delivery. The
measure specifically excludes coverage of contraceptives “intended
to terminate a pregnancy after fertilization” in a clear attempt
by the measure's supporters to exclude coverage of emergency contraception
(and potentially other hormonal methods that could act after fertilization).
The measure passed the Senate in February
and the House in March.
It went into effect when signed.
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Requiring
Pharmacists to Dispense Contraception
Introduced: 4 states
States with further action
Committee
action: CA and NJ
In
April, ILLINOIS Gov. Rod Blagojevich (D) issued emergency
rules that require pharmacies in the state to dispense FDA-approved
contraceptives. If the pharmacy does not have the drug or a suitable
substitute in stock, then the pharmacy must order the medication
through standard procedures, transfer the prescription to another
local pharmacy or return the prescription to the patient. The emergency
rules will be in effect only for 150 days, after which the state
is expected to begin the normal rulemaking process in order to make
the requirement rule permanent.
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HPV
Introduced: 6 states
States with further action
Passed
at least one chamber: MD
Enacted:
NM
In
April, the MARYLAND House adopted a measure that would
require health insurance plans to cover HPV testing in accordance
with the recommendations of the American College of Obstetricians
and Gynecologists. The bill passed the Senate in March
and is awaiting action by Gov. Bob Ehrlich (R).
(ENACTED)
In April, NEW MEXICO Gov. Bill Richardson
(D) signed legislation that requires health insurance plans to include
coverage of HPV screening every three years for women 30 and older.
Both chambers of the legislature passed the measure in March;
it goes into effect in June.
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Introduced: 7 states
States with further action
Committee
action: MN and VA
Passed
at least one chamber: MS
Click
here for current status of state policy
In February,
the MISSISSIPPI Senate adopted a bill that would require minors
to obtain parental consent before receiving medical services, including
contraceptive services, at clinics run by the State Department of
Health. The only services exempted from the parental consent requirement
were treatment for sexually transmitted diseases and emergency care.
(On March 1, the measure died in a committee in the House.)
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State
Medicaid Family Planning Eligibility Expansions
Introduced: 4 states
States with further action
Passed
at least one chamber: ID and TX
Enacted:
NJ
Click
here for current status of state policy
In March,
an IDAHO House committee defeated a measure that would have authorized
the state to apply to the federal government for a waiver to expand
eligibility for Medicaid-covered family planning services. This
expansion would have covered parents whose children are enrolled
in the state's SCHIP program and women aged 19 and older who get
medical services through the Medicaid Pregnant Women and Children
Program. The measure also passed the Senate in March.
(ENACTED)
In April,
INDIANA Gov. Mitch Daniels (R) signed legislation that directs the
state to apply to for a federal waiver to expand eligibility for
Medicaid-funded family planning services to women for two years
following a Medicaid-funded delivery. The measure specifically excludes
coverage of contraceptives “intended to terminate a pregnancy after
fertilization” in a clear attempt by the measure's supporters to
exclude coverage of emergency contraception (and potentially other
hormonal methods that could act after fertilization). The measure
passed the Senate in February
and the House in March.
It went into effect when signed.
In
April, the TEXAS Senate adopted a measure that would require
the state to apply for a waiver to expand Medicaid eligibility for
family planning service to women aged 18 or older with incomes is
below 185% of poverty, who also participate in another public assistance
program. The expansion would exclude services related to emergency
contraception. Organizations that provide abortion services would
be ineligible to participate or to be used as referral resources
by program participants. The measure is awaiting consideration by
the House.
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PREGNANCY
& BIRTH
See also:
REFUSAL
CLAUSES
Introduced: 29 states
States with further action
Passed
at least one chamber: AL, FL, IL, KS, MD and OK
Enacted:
AZ and WV
In
April, the ALABAMA House passed a measure that would include
a fetus as a “person” for purposes of the state's criminal homicide
and assault codes. The bill includes an exemption for standard medical
care and abortions. The measure is awaiting passage by the Senate.
(ENACTED)
In April, ARIZONA Gov. Janet
Napolitano (D) signed into law a measure amending the state's criminal
code to consider a fetus as a person for purposes of the state's
murder, negligent homicide and manslaughter codes. The new law will
take effect in August.
In
April, both chambers of the FLORIDA legislature passed
a measure that would include a viable fetus as an independent victim
in cases of vehicular manslaughter committed while under the influence
of alcohol or drugs. The measure includes exemptions for any actions
taken by the pregnant woman. The Senate-passed measure is awaiting
concurrence by the House.
In
April, the ILLINOIS House passed a measure that would make
battery of a viable fetus a separate criminal category. The measure
would exempt abortions and other medical procedures. The measure
is awaiting concurrence by the Senate.
In March,
the KANSAS House of Representatives passed legislation that would
define the terms “person” and “human being” under the Kansas criminal
code to include an unborn child at any stage of development. Exceptions
would include actions taken by the pregnant woman, medical procedures
(including an abortion) performed with the pregnant woman's consent
and lawfully prescribed and administered drugs. The measure is awaiting
action in the Senate.
In
April, the MARYLAND Senate passed a measure that would
create the crime of fetal homicide, while declaring that it is not
establishing fetal personhood. The bill includes exemptions for
medical services and any actions taken by a pregnant woman. The
measure passed the House in March
and is awaiting the governor's signature.
In
April, each house of the OKLAHOMA legislature passed a
measure that would allow a fetus to be considered a victim for purposes
of the state's assault statutes. The measure includes exceptions
for legal abortions, medical procedures and actions taken by the
pregnant woman. The bill goes on to address abortion counseling
and waiting periods and alternatives to abortion; the Senate-passed
measure also includes parental notification for abortion. Each measure
is awaiting passage by the other body. (A different fetal assault
bill was passed by the House in March.)
In March,
the WEST VIRGINIA House passed, and the Governor signed into law,
a measure ensuring that a woman and her fetus would constitute two
separate victims under the state's homicide, manslaughter and assault
statutes. The bill includes exceptions for abortion, medical care,
legal medical research and acts committed in defense of the pregnant
woman or by the woman herself. The measure passed the Senate in
February and will go into effect
in July.
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HIV
Testing of Infants and Pregnant Women
Introduced: 5 states
States with further Action
Passed at least one chamber:
FL
In
April, the FLORIDA Senate adopted a measure that would
require a pregnant woman who will be tested for HIV both that the
test will be performed and that she has a right to refuse. The measure
would also require physicians to report infants that are exposed
to HIV. The measure is awaiting action by the House.
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Introduced: 11 states
States with further action
Committee
action: MT and NY
Passed
at least one chamber: HI and VT
Click
here for current status of state policy
In March,
the HAWAII House approved a measure that would provide immunity
to anyone who leaves an unharmed infant younger than 72 hours with
an employee of a hospital, fire or police station. The person leaving
the infant would be required to provide the infant's written medical
history. The bill is awaiting consideration by the Senate.
In
April, the VERMONT Senate adopted a measure that provides
immunity to a person who leaves an infant younger than 30 days of
age with an employee or volunteer of a fire station, police station,
health care facility, church that the person leaving the infant
attends, or through the 911 emergency system. The bill is awaiting
consideration by the House.
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Introduced: 15 states
States with further action
Committee
action: MN and TN
Passed
at least one chamber: AR and CO
Enacted:
AR
Click
here for current status of state policy
(ENACTED)
In March, ARKANSAS addressed two measures concerning substance
abuse during pregnancy. Gov. Mike Huckabee (R) signed a measure
that amends the definition of child neglect to include newborns
that test positive for an illegal drug or have a health problem
caused by prenatal substance abuse. The law does not require the
woman to give consent to medical tests for herself or her infant
if needed to determine whether abuse has occurred. The law went
into effect when signed. Also in March, the Senate approved a separate
measure that would require health care professionals to report to
the Department of Human Services if an infant is affected by illegal
substances or exhibits withdrawal symptoms; the report would include
info rmation that specifically identifies the woman and the infant.
The bill is awaiting consideration by the House.
In March, the COLORADO
Senate approved a measure that would consider a newborn's testing
positive for controlled substances is evidence of child neglect
unless the drugs were prescribed for the woman. The measure, as
passed by the House in February,
would have allowed for the termination of parental rights of a woman
who had failed previous court-ordered drug treatment if her newborn
tested positive for controlled substances; the Senate removed that
provision. The measure is being considered by a conference committee.
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REFUSAL
CLAUSES
Allowing Health Professionals
to Refuse:
Introduced: 13 states
States with further action
Committee
action: SD
Passed
at least one chamber: OK
Vetoed:
AZ
Click
here for current status of state policy
In
April, ARIZONA Gov. Janet Napolitano (D) vetoed a measure
that would have allowed a pharmacy, an institution or an individual
medical provider to refuse to participate in or provide abortion
or emergency contraceptives because of moral or religious objections.
The measure passed the House in February
and the Senate in April.
In March,
the OKLAHOMA House passed a bill that would allow individual health
care providers and university and community hospitals to refuse
to perform abortions, sterilizations and procedures related to fetal
or embryo research. The measure would also reinstitute the state's
ban on abortion, except in cases of life endangerment, if Roe
v Wade is overturned by the U.S. Supreme Court. The legislation
is awaiting consideration by the Senate.
Allowing
Insurers to Refuse:
Introduced: 7 states
States with further action
Committee
action: SD
Click
here for current status of state policy
Allowing
Pharmacists to Refuse:
Introduced: 13 states
States with further action
Committee
action: GA, MD, SD, TN and TX
Vetoed:
AZ
Click
here for current status of state policy
(See
Allowing Health Professionals to Refuse for AZ.)
Allowing Facilities to
Refuse:
Introduced: 11 states
States with further action
Committee
action: SD and TN
Passed
at least one chamber: AZ and OK
Click
here for current status of state policy
(See
Allowing Health Professionals to Refuse for AZ and OK.)
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Allowing Health Professionals
to Refuse:
Introduced: 11 states
States with further action
Committee
action: SD
Passed
at least one chamber: OR
Vetoed:
AZ
Click
here for current status of state policy
In April,
ARIZONA Gov. Janet Napolitano (D) vetoed a measure that would have
allowed a pharmacy, an institution or an individual medical provider
to refuse to participate in or provide abortion or emergency contraceptives
because of moral or religious objections. The measure passed the
House in February and the
Senate in April.
In March,
the OREGON Senate passed a measure would allow medical professionals
to refuse to provide contraceptive-related services and requires
that the patient must be notified of the objection. The provision
is contained in legislation that would establish a contraceptive
coverage mandate that would require insurance plans that cover prescription
drugs to also cover all FDA-approved contraceptive drugs and devices,
as well as related outpatient medical services. The measure is awaiting
consideration by the House.
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Allowing Pharmacists
to Refuse:
Introduced: 12 states
States with further action
Committee
action: GA, SD, TN and TX
Passed
at least one chamber: AZ
Click
here for current status of state policy
(See
Allowing Health Professionals to Refuse for AZ.)
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Allowing Health Professionals
to Refuse:
Introduced: 8 states
States with further action
Committee
action: SD
Click
here for current status of state policy
Allowing Insurers to
Refuse:
Introduced: 7 states
States with further action
Committee
action: SD
Click
here for current status of state policy
Allowing Pharmacists
to Refuse:
Introduced: 8 states
States with further action
Committee
action: SD
Click
here for current status of state policy
Allowing Facilities to
Refuse:
Introduced: 9 states
States with further action
Committee
action: SD and TN
Click
here for current status of state policy
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YOUTH
See also:
ABORTION: Parental Involvement
CONTRACEPTION & PREVENTION: Parental Involvement
Introduced: 4 states
States with further action
Committee
action: MO
Enacted:
KS
(ENACTED)
In April, KANSAS Gov. Kathleen Sebelius (D)
signed legislation requiring physicians providing abortions to minors
younger than 14 to send a sample of the fetal tissue to the Kansas
Bureau of Investigation, which will investigate to determine whether
there is evidence of statutory rape. The bill passed both chambers
in March.
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Provisions Requiring
Sex Education:
Introduced: 19 states
States with further action
Committee
action: CA, MN and RI
Passed
at least one chamber: IL, MO and WA
Click
here for current status of state policy
In
April, the ILLINOIS House passed a measure that would allow
individual school districts to require parental consent before a
student may take part in comprehensive health education that includes
information on abstinence until marriage and disease prevention.
Current law allows parents to remove children from the instruction.
The measure is awaiting consideration by the Senate.
In
April, the MISSOURI Senate passed a measure that would
prohibit organizations that provide abortion services from participating
in, or providing materials for, sex education classes. The bill
also provides funding for crisis pregnancy centers, prohibits taking
a minor across state lines to obtain an abortion, places abortion-related
restrictions on state family planning funds and expands reporting
requirements for abortion. The measure is awaiting action
by the House.
In March,
the WASHINGTON House approved a measure that would establish requirements
for sex education provided in the state. The measure would require
that any sex education provided in the state to include information
on all FDA-approved methods of contraception, in addition to following
guidelines issued earlier this year by the health and education
departments requiring that abstinence be promoted. Instruction would
have to be age and culturally appropriate, encourage parent-child
communication and include information on physiology and building
self-esteem. The measure is awaiting consideration by the Senate.
Provisions Requiring
HIV Education:
Introduced: 9 states
States with further action
Committee
action: RI and UT
Passed
at least one chamber: WA
Click
here for current status of state policy
In March,
the WASHINGTON House approved a measure that would establish requirements
for sex education provided in the state. The measure would require
that any sex education provided in the state to include information
on all FDA-approved methods of contraception, in addition to following
guidelines issued earlier this year by the health and education
departments requiring that abstinence be promoted. Instruction would
have to be age and culturally appropriate, encourage parent-child
communication and include information on physiology and building
self-esteem. The measure is awaiting consideration by the Senate.
Provisions
Requiring that Sex Education Curricula be Medically Accurate:
Introduced: 8 states
States with further action
Committee
action: MN and RI
Passed
at least one chamber: HI and WA
In March,
the HAWAII House passed a measure that would require all information
on family planning, pregnancy counseling, STDs and HIV included
in reproductive health education provided by state-funded organizations
to be medically accurate. The measure is awaiting consideration
in the Senate.
In March,
the WASHINGTON House approved a measure that would establish requirements
for sex education provided in the state. The measure would require
that any sex education provided in the state to include information
on all FDA-approved methods of contraception, in addition to following
guidelines issued earlier this year by the health and education
departments requiring that abstinence be promoted. Instruction would
have to be age and culturally appropriate, encourage parent-child
communication and include information on physiology and building
self-esteem. The measure is awaiting consideration by the Senate.
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