The Alan Guttmacher Institute



Monthly State Update:
MAJOR DEVELOPMENTS IN 2005

(as of 3/1/2005)

This update summarizes legislation that has passed at least one house of the legislature, executive branch actions and judicial decisions. Entries are organized by the following topical areas. Within each topic, entries are listed alphabetically by state; actions for the current month are in bold. For an archive of previous monthly updates click here.

As of the beginning of March, legislatures in 47 states (AL, AK, AZ, AR, CA, CO, CT, DE, GA, HI, ID, IL, IN, IA, KS, KY, ME, MD, MA, MI, MN, MS, MO, MT, NE, NV, NH, NJ, NM, NY, NC, ND, OH, OK, OR, PA, RI, SC, SD, TN, TX, UT, VT, WA, WV, WI and WY) were in regular session.  The legislature in Virginia has adjourned and legislatures in two states (FL and LA) have not yet convened in a regular session in 2005.

Jump to actions around:

Abortion
'Choose Life' License Plates
Comprehensive Abortion Bans

Fetal Pain
Mandatory Counseling and Waiting Periods
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

Parental Involvement

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

Infant Abandonment
Substance Abuse During Pregnancy

Refusal Clauses
Abortion Services
Contraceptive Services
General Medical Services

Youth
Child Abuse Reporting
Sex Education
See Also:
Abortion: Parental Involvement
Contraception & Prevention: Parental Involvement

 

ABORTION

See also:
CONTRACEPTION & PREVENTION: Abortion-Related Restrictions on State Family Planning Funds
REFUSAL CLAUSES

 

'Choose Life' License Plate Revenue Used to Fund Crisis Pregnancy Centers

Introduced: 6 states

States with further action

Enacted: OH

Click here for current status of state policy

(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.

Return to the Top

Comprehensive Bans on Abortion

Introduced: 5 states

States with further action

Passed at least one chamber: SD

In February, the SOUTH DAKOTA legislature passed a measure written to go into effect only if the Supreme Court were to overturn its decision in Roe v. Wade,  If the legislation were to be implemented, it would make abortion illegal in South Dakota except when necessary to save the life of the woman.  The bill is awaiting action from Gov . Mike Rounds (R).

Return to the Top

Fetal Pain

(These bills overlap with bills in the Mandatory Counseling and Waiting Period category.)

Introduced: 12 states

States with further action

Committee action: CO and MT

Passed at least one chamber: VA

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.

Mandatory Counseling and Waiting Periods Before Abortion

Women Required to Receive State-Directed Counseling:

Introduced: 16 states
States with further action

Committee action: CO and MT

Passed at least one chamber: GA and VA

Click here for current status of state policy

In February, the GEORGIA House passed a measure that would require a 24-hour waiting period between a woman's receipt of specified information on abortion\x97including information on the medical risks of the procedure, fetal development, fetal pain and alternatives to abortion\x97 and the procedure. The bill would also amend the state's parental involvement law by requiring abortion providers to obtain the consent of a minor's parents before an abortion is performed; current law requires that parents be notified. The measure is pending in 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.

Requirements for State-Directed Counseling Followed by a Waiting Period:

Introduced: 16 states

States with further action

Committee action: AR and OK

Passed at least one chamber: GA and SD

Click here for current status of state policy

In February, the GEORGIA House passed a measure that would require a 24-hour waiting period between a woman's receipt of specified information on abortion\x97including information on the medical risks of the procedure, fetal development, fetal pain and alternatives to abortion\x97 and the procedure. The bill would also amend the state's parental involvement law by requiring abortion providers to obtain the consent of a minor's parents before an abortion is performed; current law requires that parents be notified. The measure is pending in the Senate.

In February, the SOUTH DAKOTA legislature passed a measure to amend the state's current counseling and waiting period requirement by making the information that women receive more specific. The current law informs women of the medical risks of abortion, but this bill would require the inclusion of specific information about \x93depression and related psychological distress\x94 and \x93increased risk of suicide ideation and suicide.\x94 The new information would also include a statement telling the woman that the abortion will terminate the life of a whole, separate, unique, living human being. In addition, the measure would require that the woman both be counseled orally 24 hours before the procedure and receive written information at least two hours before an abortion is performed. The bill is now awaiting action by Gov. Mike Rounds (R).

Return to the Top

Parental Involvement in Minors' Abortions

Parental Consent Requirements:

Introduced: 11 states

States with further action

Past at least one chamber: AR and GA

Click here for current status of state policy

In February, both chambers of the ARKANSAS legislature approved a measure to amend the state's existing parental notification law. The version passed by the Senate would require doctors to obtain parental consent from at least one parent or guardian before performing an abortion on a minor. The measure would retain the judicial bypass\x97which allows a minor to petition the court to circumvent consent\x97as well as an exception to the consent requirement when an abortion is necessary to preserve the health of the minor. Because the Senate deleted a requirement included in the House bill for both parental consent and notice, and widened the definition of medical emergency, the measure must now go back to the House for approval.

In February, the GEORGIA House passed a measure that would amend the state's parental involvement law by requiring abortion providers to obtain the consent of a minor's parents before an abortion is performed; current law requires that parents be notified. The bill would also require a 24-hour waiting period between a woman's receipt of specified information on abortion\x97including information on the medical risks of the procedure, fetal development, fetal pain and alternatives to abortion\x97 and the procedure. The measure is pending in the Senate.

Parental Notification Requirements:

Introduced: 16 states

States with further action

Committee action: OK

Passed at least one chamber: MT and SD

Click here for current status of state policy

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 February, the SOUTH DAKOTA Senate passed a measure that would amend the state's current law requiring that parents be notified before a minor obtains an abortion, except in an emergency. The measure would require that a minor give the provider a notarized letter from her parents asserting that they are aware of the procedure before notification could be waived. It would also require providers to notify a minor's parents within 24 hours of an emergency abortion. The measure is currently awaiting consideration by the House.

Return to the Top

'Partial-Birth' Abortion

Introduced: 8 states

Click here for current status of state policy

Return to the Top

Postviability Abortion

Introduced: 3 states

Click here for current status of state policy

Return to the Top

Private Insurance Coverage of Abortion

Introduced: 7 states

Click here for current status of state policy

Return to the Top

Protecting Access to Clinics

Introduced: 3 states

States with further action

Committee action: UT

Passed at least one chamber: MT

Click here for current status of state policy

In February, the MONTANA House passed a measure that would make it a crime to knowingly obstruct or hinder entry into or exit from a health care facility, including a physician's office. The measure would prohibit anyone from coming within eight feet of a person near the facility to provide information, distribute materials or protest abortion without that person's consent. The measure is now pending in the Senate.

Return to the Top

Public Funding of Abortion for Low-Income Women

Introduced: 6 states

Click here for current status of state policy

Return to the Top

Physician-Only Requirements for Abortion

Introduced: 6 states

Return to the Top

Reporting Statistical Information to State Agencies

Introduced: 6 states

Click here for current status of state policy

Return to the Top

Stem-Cell and Embryo Research

Introduced: 21 states

States with further action

Committee action: CT, IN and WA

Passed at least one chamber: AZ, MS and VA

 In February, the ARIZONA House adopted a measure that would prohibit public funds from being used 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 is awaiting consideration by the Senate.

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.)

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.

In February, both chambers of the VIRGINIA General Assembly passed a bill to establish the Christopher Reeve Stem Cell Research Fund. While named for the deceased actor who had crusaded for stem cell research, the measure would limit grants to organizations that do not use human embryonic stem cells in their research. The bill is awaiting action by Gov. Mark Warner (D).

Return to the Top

 

CONTRACEPTION & PREVENTION

See also:

REFUSAL CLAUSES
YOUTH: Child Abuse Reporting

Abortion-Related Restrictions on Family Planning Funds

Introduced: 5 states


Click here for current status of state policy

Return to the Top

Contraceptive Coverage Mandates

Introduced: 10 states

States with further action

Committee action: SD and UT

Passed at least one chamber: MT

Click here for current status of state policy

In February, the MONTANA Senate adopted a measure that would require health insurance policies that include coverage of prescription drugs to also cover contraceptive drugs and devices. The bill defines contraceptive methods as those designed to prevent either fertilization or the implantation of a fertilized egg; it explicitly includes emergency contraception in the definition but excludes mifepristone and RU-486 . The measure is awaiting consideration by the House.

Return to the Top

Emergency Contraception

Offering Emergency Contraception Services to Sexual Assault Victims:

Introduced: 10 states
States with further action

Committee action: HI and SD

Passed at least one chamber: CO and NJ
Click here for current status of state policy

In January, the COLORADO House approved a measure that would require hospitals and other health care facilities to provide emergency contraception services to women who have been sexually assaulted. The facilities would be required to offer emergency contraception and to either dispense the medication or refer women to a nearby pharmacy. The measure would allow individual health care providers at these facilities to refuse to provide this care if doing so would conflict with their religious or moral beliefs. The bill also contains a provision stating that hospitals could refuse to provide emergency contraception to a woman who is \x93not at risk of becoming pregnant as a result of the sexual assault or already is pregnant.\x94 The measure is awaiting consideration by the Senate.

In February, the NEW JERSEY Senate approved a measure that would require hospital emergency rooms to give medially accurate information about emergency contraception to women who have been sexually assaulted, and to provide the medication to these women on request. The bill would not require a hospital to provide emergency contraceptives if contraindicated or if the woman were already pregnant. The measure includes a process to determine whether hospitals are complying with the requirement.   As originally approved by the Senate in October 2004, the bill would have applied only to women 12 and older than 12 who had been sexually assaulted; that limitation was removed by the Assembly, which passed the bill in December 2004. The measure is awaiting consideration by Acting Gov. Dick Codey (D).

Allowing Pharmacists to Provide Emergency Contraception without a Prescription:

Introduced: 7 states

States with further action

Passed at least one chamber: NY

Click here for current status of state policy

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.

Restricting Access to Emergency Contraception:

Introduced: 1 state

Parental Involvement Requirements for Minors Seeking Contraceptive Services

Introduced: 4 states

States with further action

Committee action: 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.)

Return to the Top

State Medicaid Family Planning Eligibility Expansions

Introduced: 3 states

States with further action

Committee action: ID

Passed at least one chamber: IN

Click here for current status of state policy

In February, the INDIANA Senate approved a measure that would direct the state to apply to for a federal waiver to expand eligibility for Medicaid-funded family planning services to include coverage for women for two years following a Medicaid-funded delivery. Before passing the measure, the Senate amended it to exclude contraceptives intended to prevent implantation of a fertilized egg, effectively limiting coverage to contraceptives that act by preventing fertilization. The measure is awaiting consideration by the House.

Return to the Top

 

PREGNANCY & BIRTH

See also:

REFUSAL CLAUSES

Fetal and Pregnant Woman Assault

Introduced: 27 states

States with further action

Committee action: AZ and OK

Passed at least one chamber: WV

In February, the WEST VIRGINIA Senate passed a bill that would consider a woman and her fetus to be separate victims in cases of homicide, manslaughter, poisoning, domestic assault or assault and battery. The bill includes exceptions for abortions, medical procedures and research, acts committed in defense of the woman and actions taken by the woman herself. The measure is awaiting consideration by the House.

Return to the Top

Infant Abandonment

Introduced: 9 states

States with further action

Committee action: HI, MT and NY

Click here for current status of state policy

Return to the Top

Substance Abuse During Pregnancy

Introduced: 10 states

States with further action

Committee action: HI and MN

Passed at least one chamber: AR and CO

Click here for current status of state policy

In February, the ARKANSAS Senate approved a measure that would define neglect to include situations in which medical tests showed either the presence of illegal drugs in a newborn's bodily fluids or a health problem resulting   from prenatal substance abuse.   The bill does not contain a provision requiring the woman's consent for medical tests that would have to be performed on either her or the infant to determine whether neglect had occurred. The measure is awaiting consideration by the House.

In February, the COLORADO House approved a measure that would amend the state's definition of neglect (for purposes of determining child abuse) to include a newborn's testing positive for controlled substances that had not been prescribed for the woman during pregnancy. The measure is awaiting consideration by the Senate.

Return to the Top

 

REFUSAL CLAUSES

Establishing the Right to Refuse to Provide Abortion Services

Allowing Health Professionals to Refuse:

Introduced: 8 states

States with further action

Passed at least one chamber: AZ

Click here for current status of state policy

In February, the ARIZONA House adopted a measure that would allow pharmacies, individual medical professionals and their employees,   as well as health care facilities to refuse to provide abortions or emergency contraceptives because of moral or religious objections. The list of services that could be refused changed substantially as the bill made its way through the House. As originally introduced, the measure would have allowed refusals to provide contraceptives and sterilization, as well as abortion. At the committee level, the bill was amended to apply to abortion, \x93abortifacient contraception,\x94 emergency contraception and sterilization. \x93Abortifacient contraception\x94 was not defined. Before approving the measure, the House removed \x93abortifacient contraception\x94 and sterilization. The measure is awaiting consideration in the Senate.

Allowing Insurers to Refuse:

Introduced: 5 states

Click here for current status of state policy

Allowing Pharmacists to Refuse:

Introduced: 8 states

States with further action

Passed at least one chamber: AZ

Click here for current status of state policy

(See Allowing Health Professionals to Refuse for AZ.)

Allowing Facilities to Refuse:

Introduced: 5 states

States with further action

Passed at least one chamber: AZ

Click here for current status of state policy

(See Allowing Health Professionals to Refuse for AZ.)

Return to the Top

Establishing the Right to Refuse to Provide Contraceptive Services

Allowing Health Professionals to Refuse:

Introduced: 6 states

States with further action

Passed at least one chamber: AZ

Click here for current status of state policy

In February, the ARIZONA House adopted a measure that would allow pharmacies, individual medical professionals and their employees,   as well as health care facilities to refuse to provide abortions or emergency contraceptives because of moral or religious objections. The list of services that could be refused changed substantially as the bill made its way through the House. As originally introduced, the measure would have allowed refusals to provide contraceptives and sterilization, as well as abortion. At the committee level, the bill was amended to apply to abortion, \x93abortifacient contraception,\x94 emergency contraception and sterilization. \x93Abortifacient contraception\x94 was not defined. Before approving the measure, the House removed \x93abortifacient contraception\x94 and sterilization. The measure is awaiting consideration in the Senate.

Return to the Top

Allowing Pharmacists to Refuse:

Introduced: 8 states

States with further action

Passed at least one chamber: AZ

Click here for current status of state policy

(See Allowing Health Professionals to Refuse for AZ.)

Return to the Top

Establishing the Right to Refuse to Provide Medical Care in General

Allowing Health Professionals to Refuse:

Introduced: 4 states

Click here for current status of state policy

Allowing Insurers to Refuse:

Introduced: 4 states

Click here for current status of state policy

Allowing Pharmacists to Refuse:

Introduced: 4 states

Click here for current status of state policy

Allowing Facilities to Refuse:

Introduced: 4 states

Click here for current status of state policy

Return to the Top

 

YOUTH

See also:
ABORTION: Parental Involvement
CONTRACEPTION & PREVENTION: Parental Involvement

Child Abuse Reporting

Introduced: 1 state

Return to the Top

Sex Education

Provisions Requiring Sex Education:

Introduced: 12 states

States with further action

Committee action: WA

Click here for current status of state policy

Provisions Requiring HIV Education:

Introduced: 6 states

States with further action

Committee action: UT and WA

Click here for current status of state policy

Provisions Requiring that Sex Education Curricula be Medically Accurate:

Introduced: 6 states
States with further action

Committee action: HI and WA

Return to the Top

Production of the State Update is made possible by support from The David and Lucile Packard Foundation and the Prospect Hill Foundation.




home :: about :: contact :: e-lists :: support AGI :: buy :: help
publications :: article archive :: state center :: media center :: tablemaker







choose by state

by subject
abortion
adolescents
contraception
pregnancy
services and financing


policy update archive
state policies in brief
state facts about abortion
state tablemaker
state center main
home


© copyright 2004, The Alan Guttmacher Institute.