The Alan Guttmacher Institute



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

 

Abortion Bans to Replace Roe

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 \x93Choose Life\x94 and \x93Adopt a Child\x94 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 \x93Choose Life\x94 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 \x93Respect Life\x94 license plates. Proceeds from sales of the plates would support agencies that provide \x93alternatives to abortion;\x94 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 \x93Choose Life\x94 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 \x91Choose 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 \x93alternatives to abortion\x94 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 \x93Respect Life Commission,\x94 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 \x93alternatives to abortion\x94 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 \x93pregnancy resource center\x94 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 \x93alternatives to abortion\x94 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 \x93the unborn child has the physical structures necessary to experience pain.\x94 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\x97including info rmation on the medical risks of the procedure, fetal development, fetal pain and alternatives to abortion\x97and 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 \x93organic pain to the unborn child.\x94 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 \x93the unborn child has the physical structures necessary to experience pain.\x94 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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Mandatory Counseling and Waiting Periods Before Abortion

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 \x93organic pain to the unborn child.\x94 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 \x93the unborn child has the physical structures necessary to experience pain.\x94 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 \x93the unborn child has the physical structures necessary to experience pain.\x94 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\x97including information on the medical risks of the proceudre, fetal development, fetal pain and alternatives to abortion\x97and 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 \x93terminate the life of a whole, separate, unique, living human being.\x94 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 Involvement in Minors' Abortions

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 \x93medical emergency\x94 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 \x93competent\x94 or the abortion were in her \x93best interest.\x94 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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'Partial-Birth' Abortion

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 \x93partial-birth\x94 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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Postviability Abortion

Introduced: 4 states

Click here for current status of state policy

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Private Insurance Coverage of Abortion

Introduced: 9 states

Click here for current status of state policy

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Protecting Access to Clinics

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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Public Funding of Abortion for Low-Income Women

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 \x93partial-birth\x94 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 \x93reasonable efforts\x94 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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Stem-Cell and Embryo Research

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

Abortion-Related Restrictions on Family Planning Funds

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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Contraceptive Coverage Mandates

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 \x93religious purpose,\x94 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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Emergency Contraception

(See Also: Requiring Pharmacists to Dispense Contraception and Establishing the Right to Refuse to Provide Contraceptive Services)

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 \x93not at risk of becoming pregnant as a result of the sexual assault,\x94 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 \x93intended to terminate a pregnancy after fertilization\x94 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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Parental Involvement Requirements for Minors Seeking Contraceptive Services

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 \x93intended to terminate a pregnancy after fertilization\x94 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

Fetal and Pregnant Woman Assault

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 \x93person\x94 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 \x93person\x94 and \x93human being\x94 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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Infant Abandonment

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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Substance Abuse During Pregnancy

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

Establishing the Right to Refuse to Provide Abortion Services

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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Establishing the Right to Refuse to Provide Contraceptive Services

(See also: Requiring Pharmacists to Dispense Contraception)

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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Establishing the Right to Refuse to Provide Medical Care in General

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

Child Abuse Reporting

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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Sex Education

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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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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