The Alan Guttmacher Institute

Monthly State Update:
MAJOR DEVELOPMENTS IN 2005

(as of 8/1/2005)

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 August, legislatures in 12 states (CA, IL, MA, MI, NJ, NY, NC, OH, OR, PA, RI, and WI) were in regular session.  The legislatures in 38 states (AL, AK, AR, AZ, CO, CT, DE, FL, GA, HI, ID, IL, IN, IA, KS, KY, LA, ME, MD, MN, MS, MO, MT, NE, NV, NH, NM, ND, OK, SC, SD, TN, TX, UT, VT, 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

Infertility Coverage
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. Since the legislature has adjourned its regular session, further action is not expected.

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. Since the legislature has adjourned its regular session, further action is not expected.

(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.

Return to the Top

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

Introduced: 10 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 May, the MISSOURI House removed several provisions from an omnibus abortion bill, including a provision that would have created a \x93Respect Life\x94 license plate, the proceeds from which would have gone to a state alternatives-to-abortion fund. The House retained provisions that would have funded crisis pregnancy centers, required additional abortion reporting and imposed abortion-related restrictions on state family planning funds, prohibited organizations that provide abortion services from participating in sex education classes and prohibited taking a minor across state lines to obtain an abortion. The measure passed the Senate in April but died at the end of the regular legislative session when the House and Senate could not agree on the provisions. The legislature will reconvene in September in a special session to address the abortion-related issues in this bill.

(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

Crisis Pregnancy Centers/Alternatives to Abortion

Introduced: 8 states

States with further action

Passed at least one chamber: OK

Enacted: KS, MN, MO, ND, OH and PA

(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.

(ENACTED) In May, the MINNESOTA legislature passed, and Gov. Tim Pawlenty (R) signed, a measure that creates a $2.5 million fund from which grants will be distributed to organizations that provide education, referrals, support or services that help women carry their pregnancies to term. Funding cannot be given to organizations or affiliates of organizations that promote, perform or provide counseling for abortion services.

In May, the MINNESOTA Senate passed an amended version of the state's health budget, stripping it of all of the reproductive health provisions, including one to fund alternatives to abortion. As passed by the House in April, the bill would have   funded organizations that provide pregnant women with information, referrals and assistance in carrying their pregnancy to term. Abortion counseling would have been permitted only if the woman's life were endangered. The bill also included reporting requirements for minors seeking abortions, restrictions on state family planning funds and requirements related to fetal pain. The legislature is in a special session to continue considering the bill.

(ENACTED) In June, Gov. Matt Blunt (R) of MISSOURI signed an appropriations bill allocating $1.3 million to organizations that provide education, referral or counseling services that help women their pregnancies to term. Organizations or affiliates of organizations that provide abortion services, information or referrals are not eligible for this money.

In May, the MISSOURI House removed several provisions from an omnibus abortion bill, but retained a provision relevant to crisis pregnancy centers. The bill would have allowed citizens to receive a tax credit of up to 50% of the amount contributed to a \x93pregnancy resource center\x94. The House deleted a provisions that would have created the Respect Life Commission, which would have been responsible for distributing grants from the state alternatives-to-abortion fund and coordinating public education efforts on so-called \x93respecting life\x94 issues. The House kept provisions that would have restricted state family planning funds, required additional abortion reporting, prohibited organizations that provide abortion services from participating in sex education classes and prohibited taking a minor across state lines to obtain an abortion. The measure passed the Senate in April but died at the end of regular legislative session when the House and Senate could not agree on the provisions. The legislature will reconvene in September in a special session to address these abortion-related issues.

(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.

(ENACTED) In June, OHIO Gov. Bob Taft (R) signed the state's budget. The bill establishes the Choose Life Fund to be paid for by the sale of \x93Choose L ife \x94 license plates. The fund will provide grants to nonprofit organizations that offer counseling, information and referral services that help women carry their pregnancies to term. Organizations that provide abortion-related services are not eligible for the grants.

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.   Since the legislature has adjourned its regular session, no further action is expected.

(ENACTED) In July, Gov. Ed Rendell (D) of PENNSYLVANIA signed a budget bill that appropriates $4.4 million to organizations that provide alternatives-to-abortion services. Organizations that provide abortion counseling, referrals or procedures are not eligible for these funds. The bill, which also passed the legislature in July, also provides funds for family planning.

Return to the Top

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, MT and WI

Passed at least one chamber: VA

Enacted: AR, GA and MN

(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.

(ENACTED) In May, GEORGIA Gov. Sonny Perdue (R) signed a measure that requires a woman to receive state-directed counseling at least 24 hours prior to an abortion. The counseling must include information on the medical risks of the procedure, the developmental stage of the fetus, the availability of anesthesia to alleviate fetal pain and alternatives to abortion. The bill also amends the state's parental notification law and requires physicians to file reports on abortions provided to minors. The measure passed the House in February and the Senate in March and is now in effect.

(ENACTED) In July, the legislature passed, and Gov. Tim Pawlenty (R) of MINNESOTA signed, a budget bill that amends the state's current abortion counseling law to require that after 20 weeks gestation a woman be told whether there is anesthesia available that could alleviate the pain that may be caused to the fetus by the abortion. If the woman consents to the administration of the anesthetic, the physician must provide it or arrange to have it provided.

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.

Return to the Top

Mandatory Counseling and Waiting Periods Before Abortion

Women Required to Receive State-Directed Counseling:

Introduced: 20 states
States with further action

Committee action: CA, CO, MT and TX

Passed at least one chamber: MI 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 May, the MICHIGAN House of Representatives passed a bill that would amend current counseling laws to require a physician to perform an ultrasound on the patient at least 24 hours before performing an abortion and give her the opportunity to view the ultrasound image and receive a hard copy of it. The measure is awaiting action 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: 17 states

States with further action

Passed at least one chamber: MN

Enacted: AR, GA, LA, OK and 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.

(ENACTED) In May, GEORGIA Gov. Sonny Perdue (R) signed into law a measure that requires a woman to receive state-directed counseling at least 24 hours prior to an abortion. The counseling must include information on the medical risks of the procedure, the stage in development of the fetus, the availability of anesthesia available to alleviate fetal pain and alternatives to abortion.   The state will also develop guidelines for providers on reporting the number of women receiving the information. The bill also amends the state's parental notification law and requires physicians to file reports on abortions provided to minors. The measure passed the House in February and the Senate in March, and is now in effect.  

(ENACTED) In July, the Gov. Kathleen Blanco (D) of LOUISIANA signed a bill that amends the current counseling and waiting period law to allow a woman having an abortion because of rape or incest to forgo the required 24-hour waiting period after receiving the state's info rmed consent materials. The bill also allows a woman to request spiritual counseling before an abortion . The bill passed the legislature in June.

In May, the MICHIGAN House of Representatives passed a bill that would amend current counseling laws to require a physician to perform an ultrasound on the patient at least 24 hours before performing an abortion and give her the opportunity to view the ultrasound image and receive a hard copy of it. The measure is awaiting action in the Senate.

In May, the MINNESOTA Senate passed an amended version of the state's health budget, stripping it of all of the reproductive health provisions, including a provision related to abortion counseling and waiting periods. As passed by the House in April, the bill would have required the counseling would have had to include information on the medical risks of the procedure, the stage in development of the fetus, the availability of anesthesia to alleviate fetal pain and alternatives to abortion. The version passed by the House in April also included provisions on minors reporting requirements, alternatives-to-abortion funding and restrictions on family planning funding. The legislature is now in special session to continue consideration of the measure.

   

(ENACTED) In May, OKLAHOMA Gov. Brad Henry (D) signed a measure that requires a woman to receive state-directed counseling at least 24 hours before obtaining an abortion. The counseling materials must include the physician's name, the developmental stage of the fetus and a list of organizations able to provide support should the woman decide to carry the pregnancy to term. Women must certify in writing, prior to the abortion, that they have received this information. The bill also calls for the information to be printed by the state and maintained on the state's Web site. The state's medical board must develop guidelines for providers on reporting the number of women receiving the information. The measure also includes provisions requiring parental notice before a minor obtains an abortion, and allowing a fetus to be considered a victim under the state's assault statutes. It passed the legislature in April. The measure's parental involvement section is being challenged in court, but is in effect for the time being.

In June, U.S. District Court Judge Karen Schreier enjoined SOUTH DAKOTA's newly amended state-directed counseling and waiting period law. The law was scheduled to go into effect on July 1 and would have required that women be given specific information alleging an increased risk of depression, psychological distress and suicide following abortion. Women would have also been informed 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 would have required that they must also receive written materials at least two hours before the procedure. The law was approved by the legislature in February and signed by Gov. Mike Rounds (R) in March.

Return to the Top

Minors Reporting Requirements

Introduced: 11 states

States with further action

Committee action: NM

Passed at least one chamber: IA, MN, OK, OR, TX and WV

Enacted: AR, FL, GA 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 June, CALIFORNIA Governor Arnold Schwarzenegger (R) issued a proclamation calling for a statewide general election to be held this coming November. Included on the ballot will be a proposed constitutional amendment to require parental involvement in minors' abortions. Abortion providers would have to report all abortions performed on minors and the state would compile those statistics. The state constitutional amendment would also require a physician to give 48 hours' notice to one parent before performing an abortion on a minor. The parent would be able to waive such notice in writing, or notice could be waived in the case of a medical emergency or judicial bypass.

(ENACTED) In May, the FLORIDA Senate passed, and Gov. Jeb Bush (R) signed into law, a measure requiring courts to report the number of times they are requested to waive parental notice and the outcome of each case. The reports will be made to the governor, speaker of the House and president of the Senate once a year. The bill also requires parental notification before a minor obtains an abortion, unless a judicial bypass is obtained or a medical emergency exists. A similar measure passed the Senate but was discarded after the current bill provided for a more accessible and expedient judicial bypass option. This measure passed the House in April and is effective in July.

(ENACTED) In May, GEORGIA Gov. Sonny Perdue (R) signed into law a measure that requires physicians to file annual reports with the Department of Human Resources on abortions performed on minors. The reports will include information on the number of cases in which parental notice was given and on how often notice was waived, either because of a court order or a medical emergency. The Department will publish an annual report that hides the identity of the minors. The measure also closes what was portrayed as a loophole that could have allowed adults other than the minor's parents or guardian to receive notice on the parent's behalf, and establishes counseling and waiting period requirements before a woman obtains an abortion. The measure passed the House in February and the Senate in March, and is now in effect.

(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. Since the legislature has adjourned its regular session, no further action is expected.

In May, the MINNESOTA Senate passed an amended version of the state's budget, stripping it of all of the reproductive health provisions, including a section that would have established reporting requirements for minors' abortions. The version of the measure that passed the House in April would have required reports of minors obtaining judicial bypass. These reports would include information on how the minor was informed of the judicial bypass option, whether a physician assisted the minor through the court process, and the length of time elapsed between the minor's clinic visit and the court proceedings. The House-passed version also included abortion-related restrictions on state family planning funds, funding for alternatives to abortion and provisions related to fetal pain. The legislature is in special session to continue consideration of the measure.

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. Since the legislature has adjourned its regular session, further action is not expected.

In May, the OREGON House passed a measure that would establish reporting requirements for minors seeking judicial bypass of the state's parental involvement requirement. The measure would require the Chief Administrative Law Judge to publish the number of petitions filed and their outcomes once per year. The measure would also require physicians to give 48 hours' notice to one parent before performing an abortion on a minor, except when a medical emergency exists or a judicial bypass is granted. The parent may waive the 48-hour waiting period in person. The measure is awaiting action in the Senate.

In May, the TEXAS Senate passed a measure that would have required courts to report information on the number of judicial bypass petitions received, the outcome of each petition and general information concerning each minor to the Office of the Court Administration. The measure died in the 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). Since the legislature has adjourned its regular session, futher action is not expected.

Return to the Top

Parental Involvement in Minors' Abortions

Parental Consent Requirements:

Introduced: 15 states

States with further action

Past at least one chamber: MO

Enacted: AR, ID and TX

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.

In July, an IDAHO district court judge temporarily enjoined that state's recently enacted parental consent law. The law, which became effective in April, was enjoined because the judge found that the judicial bypass option did not provide a guaranteed confidential alternative to parental consent and could discourage mature teens from seeking abortions when medically necessary. This is the state's third attempt to pass a constitutional parental consent law.

In May, the MISSOURI House passed an omnibus abortion measure that would make it illegal to transport a minor across state lines for an abortion to avoid parental involvement statutes. The House removed other abortion-related provisions, but retained restrictions on family planning funds, funding for crisis pregnancy centers, additional abortion reporting requirements and restrictions on organizations that provide abortion services from participating in sex education classes. The measure passed the Senate in April, but died at the end of regular legislative session when the House and Senate could not agree on the provisions. The legislature will reconvene in September in a special session to address these abortion-related issues.

(ENACTED) In June, TEXAS Governor Rick Perry (R) signed into law a measure that will require a physician to obtain written consent from one parent before performing an abortion on a minor. Consent could be waived in the case of a medical emergency or judicial bypass. The measure will also prohibit third-trimester abortions of a viable fetus, except in cases where the life of the woman is endangered, the woman will otherwise suffer imminent severe brain damage or paralysis, or the fetus has severe, irreversible brain impairment. The measure passed both chambers in May and goes into effect in September.

 

Parental Notification Requirements:

Introduced: 21 states

States with further action

Committee action: IL and NM

Passed at least one chamber: MT, OR and WV

Enacted: FL, GA, OK and SD

Click here for current status of state policy

In June, CALIFORNIA Governor Arnold Schwarzenegger (R) issued a proclamation calling for a statewide general election to be held this coming November. Included on the ballot will be a proposed constitutional amendment requiring parental involvement in minors' abortions. The state constitutional amendment would require a physician to give 48 hours' notice to one parent before performing an abortion on a minor. The parent would be able to waive such notice in writing, or notice could be waived in the case of a medical emergency or judicial bypass. The measure would also require abortion providers to report all abortions performed on minors, and the state would compile those statistics.

(ENACTED) In May, the FLORIDA Senate passed, and Gov. Jeb Bush (R) signed into law, a measure requiring parental notice before an abortion is performed on a minor. The physician would be required to give 48 hours' notice to one parent, either in person or via certified mail. The notice requirement could be waived in the case of a medical emergency, if the minor is married, already has a child or obtains a judicial bypass. The measure also requires courts to report the number of bypass petitions they receive and the outcome of each case. A similar measure passed the Senate, but was dropped. This measure passed the House in April and is effective in July.  

In July, a federal judge refused to temporarily enjoin FLORIDA's recently enacted parental notification law, which went into effect in June. U.S. District Court Judge William Stafford said the opponents of the law did not prove they have a good chance of winning the case, the prerequisite for a temporary injunction. Opponents' request for a permanent injunction will be heard later this year.

(ENACTED) In May, GEORGIA Governor Sonny Perdue (R) signed into law a measure amending the state's existing parental notification law. The new law closes a perceived loophole that could have allowed adults other than a parent or guardian to receive notice. The measure also requires physicians to file reports on abortions performed on minors and establishes counseling and waiting period requirements before a woman obtains an abortion. The measure passed the House in February and the Senate in March, and is in effect.

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. Since the legislature has adjourned its regular session, further action is not expected.

In July, the 10th U.S. Circuit Court of Appeals for OKLAHOMA upheld a lower court's ruling that allows a recently enacted parental notification to remain in effect. The three judge panel decided that the law did not pose a significant health risk to teenagers and could withstand constitutional scrutiny.

In May, the OREGON House passed a measure requiring that a physician give 48 hours' notice to one parent before performing an abortion on a minor, except when a medical emergency exists or a judicial bypass is granted. The parent may waive the 48-hour waiting period in person.   The measure would also require the courts to report on the number of bypass petitions filed and the outcome of each petition. The measure is awaiting action in the Senate.

(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. Since the legislature has adjourned its regular session, further action is not expected.

Return to the Top

'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. Since the legislature has adjourned it regular session, further action is not expected.

Return to the Top

Physician-Only Requirements

Introduced: 10 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. Since the legislature has adjourned its regular session, further action is not expected.

Return to the Top

Postviability Abortion

Introduced: 6 states

Enacted: TX

Click here for current status of state policy

(ENACTED) In June, TEXAS Governor Rick Perry (R) signed into law a measure that will prohibit third-trimester abortions on a viable fetus, except when the life of the woman is endangered, the woman will otherwise suffer imminent severe brain damage or paralysis, or the fetus has severe, irreversible brain impairment. The measure will also mandate parental consent for minors seeking an abortion. The measure passed the House and Senate in May and goes into effect in September.

Return to the Top

Private Insurance Coverage of Abortion

Introduced: 10 states

Click here for current status of state policy

Return to the Top

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.

Return to the Top

Public Funding of Abortion for Low-Income Women

Introduced: 5 states

Passed at least one chamber: NY

Click here for current status of state policy

In June, the NEW YORK Senate passed a bill that would prohibit Medicaid from paying for abortion, except in cases of rape or incest when the incident has been reported to the authorities or when the life of the mother is endangered. The bill is now awaiting action from the Assembly.

Return to the Top

Reporting Statistical Information to State Agencies

Introduced: 10 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. Since the legislature has adjourned its regular session, further action is not expected.

In May, the MISSOURI House removed several provisions from an omnibus abortion bill, including a provision that would have expanded 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. The House retained provisions that would have funded crisis pregnancy centers, restricted state family planning funds, prohibited organizations that provide abortion services from participating in sex education classes and prohibited taking a minor across state lines to obtain an abortion. The measure passed the Senate in April but died at the end of regular legislative session when the House and Senate could not agree on the provisions. The legislature will reconvene in September in a special session to address these abortion-related issues.

Return to the Top

Stem-Cell and Embryo Research

Introduced: 31 states

States with further action

Committee action: IL, MO, MN and NY

Passed at least one chamber: AZ, HI, LA, MD, MS, WA and WI

Enacted: AZ, CT, IN, MA and VA

Vetoed: OH

(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.

(ENACTED) In June, CONNECTICUT Governor Jodi Rell (R) signed into law a measure that bans reproductive cloning while setting conditions for stem cell research in the state. Under the measure, the state will establish one panel to review potential research and another panel to award grants based on the recommendations of the first panel and to craft policies for stem cell research conducted in the state. Money from the state's tobacco settlement will finance a portion the Stem Cell Research Fund. The measure passed the legislature in May and is in effect. 

In June, the DELAWARE Senate passed a measure to promote stem cell research in the state and establish a stem cell advisory committee to develop guidelines and publish research activity. While the measure would also ban reproductive cloning, it would permit therapeutic cloning of excess embryos from fertility treatments that were scheduled for destruction anyways. The measure was scheduled for a vote in the House, but was carried over to the next session in order to allow for greater discussion. The House will hear testimony from religious and medical groups in January 2006.

In May, the HAWAII legislature approved two virtually identical measures on stem cell research. The measures 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. Both measures passed an initial house in April and are now awaiting the Gov. Linda Lingle's (R) signature.

(ENACTED) In May, INDIANA Gov. Mitch Daniels (R) signed into law a measure to prohibit human cloning and the use of public funds or facilities for cloning research. The measure, which was passed by the Senate in March and the House in April, protects adult and fetal stem cell research, create a center for adult stem cell research at Indiana University and charges the Department of Health with examining the feasibility of creating an embryo adoption bank to preserve embryos that would otherwise be destroyed. The new law is in effect.

In May, the LOUISIANA House passed a bill that would prohibit human reproductive cloning and somatic cell nuclear transplantation. The measure, makes exceptions for fertility treatments and stem cell research that does not involve embryos. Since the legislature has adjourned its regular session, no further action is expected.

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.

(ENACTED) In May, the MASSACHUSETTS legislature overrode Gov. Mitt Romney's (R) veto and enacted a measure to ban human reproductive cloning while permitting stem cell research. The measure will establish two separate panels, one to oversee research and issue permits, and another to review programs and advise researchers. The measure passed the Senate in March and the House in April and is now in effect.

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 June, OHIO Gov. Bob Taft (R) signed the state's budget. However he vetoed the provision that would have prohibited public funding for stem cell research other than that which is currently permitted by the Bush administration. Enacted provisions in the budget include abortion-related restrictions on family planning funds and funding for alternatives-to-abortion projects. The measure passed the House in April and the Senate in June.

(ENACTED) In March, VIRGINIA Gov. 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.  

In June, the WISCONSIN Assembly passed a measure that would ban human cloning in the state. The measure would prohibit reproductive cloning, therapeutic cloning and acquiring embryos created through any cloning process. The bill is awaiting action in the Senate.

Return to the Top

 

CONTRACEPTION & PREVENTION

See also:

REFUSAL CLAUSES
YOUTH: Child Abuse Reporting

Abortion-Related Restrictions on Family Planning Funds

Introduced: 11 states

States with further action

Passed at least one chamber: MN, MO, PA and WI

Enacted: OH, PA, TX and WI

Click here for current status of state policy

(ENACTED) In July, MINNESOTA Gov. Tim Pawlenty (R) signed the state's budget. This bill excluded a provision that had been in the version of the measure passed by the House in April and would have prohibited using state family planning funds, directly or indirectly, to pay for abortion services or to fund organizations that either provide abortion services or consider abortion part of the continuum of reproductive health services. The final budget also excludes funding for crisis pregnancy centers and additional abortion reporting requirements for minors that do not receive parental consent, both of which had also been included in the House-passed bill; the measure includes a provision on fetal pain.

 

In May, the MISSOURI House removed several provisions from an omnibus abortion bill, but retained a provision that would have prohibited organizations that provide abortion services, including referrals, from receiving public funds from the state, including federal dollars that passed through the state's treasury. The House also kept provisions that would have funded crisis pregnancy centers, required additional abortion reporting, and prohibited organizations that provide abortion services from participating in sex education classes. The bill also retained the provision that would prohibit taking a minor across state lines to obtain an abortion. The measure passed the Senate in April but died at the end of regular legislative session when the House and Senate could not agree on the provisions. The legislature will reconvene in September in a special session to address these abortion-related issues.    

(ENACTED) In June, OHIO Gov. Bob Taft (R) signed the state's budget. The bill will reenact the provisions detailing the use of the Women's Health Services Fund. The fund may be used to pay for pelvic and breast exams; cervical cancer screening; testing and treatment of STDs, including HIV; contraceptives; patient education and pre-pregnancy counseling on smoking, alcohol and drug use; education on sexual coercion and violence; and prenatal care or referrals for prenatal care. The fund may not be used for abortion provision, counseling or referrals, except in cases of medical emergency. Organizations receiving support from this fund must be physically and financially separate from abortion providers. In allocating money from the Women's Health Services Fund, preference will be given to local health departments, although other organizations, including agencies that do not provide contraceptive services, may apply. The governor also vetoed a provision to restrict funding for stem cell research and approved a provision to fund alternative-to-abortion projects. The measure passed the House in April and the Senate in June. It goes into effect in July.

(ENACTED) In July, PENNSYLVANIA Gov. Ed Rendell (D) signed 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 also provides funds for alternatives to abortion. The bill passed the House in April and the Senate in June.

(ENACTED) In June, TEXAS Gov. Rick Perry (R) signed the state's budget, which includes several provisions related to family planning. The measure will continue the state's policy of blocking organizations that provide abortion services from receiving family planning funds. It will also continue the requirement that agencies obtaining state funding must receive parental consent before providing minors with prescription contraceptives. A separate provision will require the state to apply to the federal government to expand eligibility for Medicaid-covered family planning services. The measure passed both chambers of the legislature in May. It goes into effect in September.     

In July,WISCONSIN Gov. Jim Doyle (D) line-item vetoed the state's budget. Included in the veto was a provision that would have established a priority system for the allocation of state family planning funds, giving preference to local health departments and tribal health centers. The budget passed the legislature in June.

Return to the Top

Contraceptive Coverage Mandates

Introduced: 13 states

States with further action

Committee action: SD and UT

Passed at least one chamber: MT and OR

Enacted: AR and WV

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.

(ENACTED) In May, WEST VIRGINIA Gov. Joe Manchin (D) signed 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 would have to be notified in writing and would be permitted to purchase the coverage at the group rate. The measure was passed by the Senate in April and the House in March and goes into effect in August.

Return to the Top

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: MA

Enacted: NJ and TX

Vetoed: CO and MA
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

In July, MASSACHUSETTS Gov. Mitt Romney (R) vetoed a measure that would have required hospitals and clinics to offer medically accurate information on emergency contraception and provide the medication, upon request, to women of childbearing age who have been sexually assaulted. The measure also included a provision that would have allowed pharmacists to provide emergency contraceptives to women without a physician's prescription. A vote to override the veto is expected when the legislature returns from summer recess. The bill passed the legislature in June.

(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.

  

(ENACTED) In June, TEXAS Gov. Rick Perry (R) signed a measure that will require that women who have been sexually assaulted be given information on STD treatment and pregnancy prevention methods, presumably including emergency contraception. A health care professional may refuse to provide this information if the refusal is based on ethical or religious grounds. However, another health care provider at the facility must give the woman the information. The legislature passed the bill in May. It goes into effect in September.

Allowing Pharmacists to Provide Emergency Contraception without a Prescription:

Introduced: 8 states

States with further action

Committee action: IL

Passed at least one chamber: MD, OR and VT

Enacted: NH

Vetoed: MA 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 July, MASSACHUSETTS Gov. Mitt Romney (R) vetoed a bill that would have allowed pharmacists to provide emergency contraceptives to women without a physician's prescription. The pharmacist would have been able to work under the aegis of a collaborative practice agreement with an actively practicing physician. Pharmacists would have been required to undergo training on emergency contraception that would have covered quality assurance and documentation. When dispensing emergency contraceptives, pharmacists would have had to provide the client with information on appropriate follow-up health care services. The vetoed measure also contained a provision to require hospitals to provide emergency contraceptives to women who have been sexually assaulted. A vote to override the veto is expected when the legislature returns from summer recess.

(ENACTED) In June, NEW HAMPSHIRE Gov. John Lynch (D) signed a measure that will 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 will be required to provide patients with a fact sheet on emergency contraception developed by the board. The measure passed the Senate in March and the House in May. It goes into effect in August.

In June, the NEW YORK Senate approved a measure that would allow pharmacists and registered nurses to dispense emergency contraceptives 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 Assembly passed the same language in January. (In early August, Gov. George Pataki (R) vetoed the bill.)

In May, the OREGON Senate adopted a measure that would allow pharmacists to dispense emergency contraceptives without a physician's prescription if under the aegis   of an agreement with a physician, physician assistant or nurse practitioner. The measure also includes a provision stating that nothing limits a pharmacist's authority to fill contraceptive prescriptions or limits a patient's ability to have contraceptive prescriptions filled. The measure is awaiting consideration by the House.

In May, the VERMONT House passed a measure that would allow a pharmacist to dispense emergency contraceptives as part of a collaborative practice agreement with a physician or other person authorized to prescribe drugs. The Department of Health and Board of Pharmacy would be charged with developing standards for the agreements, dispensing procedures for the pharmacist and the information that would be given to the patient. A pharmacist entering into an agreement under the measure would have to undergo training on emergency contraception and sensitive communications. Since the legislature has adjourned its regular session, no further action is expected.

Expanding Access to Emergency Contraception:

Introduced: 8 states

States with further action

Committee action: MN

Passed at least one chamber: HI

Click here for current status of state policy

In May, the HAWAII House concurred with Senate amendments and approved a resolution that would require the state to develop and disseminate materials on the availability of emergency contraception. The measure passed the Senate in April.

Return to the Top

Restricting Access to Emergency Contraception:

Introduced: 5 states

States with further action

Enacted: AR, IN and TX

(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.

(ENACTED) In June, TEXAS Gov. Rick Perry (R) signed a measure directing the state to apply for a waiver from the federal government to expand eligibility for Medicaid-covered family planning services to include women aged 18\x9664 who have an income of up to 185% of the federal poverty level and participate in another public assistance program. The program will exclude services or information related to emergency contraception, emphasize sexual abstinence for unmarried women and prohibit participation by, or referrals to, abortion providers or affiliated entities. Both chambers of the legislature passed the bill in May.

Return to the Top

Requiring Pharmacists to Dispense Contraception

Introduced: 5 states

States with further action

Committee action: NJ

Passed at least one chamber: CA

Enacted: NV

In May, the California Senate approved a measure that would require pharmacists to dispense valid prescriptions.  Pharmacists are not required to fill prescriptions that are contraindicated for the patient.  If a pharmacist has a religious or moral objection to a medication, the pharmacist must notify the employer.  The employe will then determine if the refusal can be accommodated without creating an undue hardship.  Any accommodation of the pharmacist's refusal must ensure that a patient can access their medication in a timely manner.  The bill is awaiting action in the Assembly.

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.

(ENACTED) In June, NEVADA Gov. Kenny Guinn (R) signed a measure that will require a pharmacist to transfer any valid prescription when requested by a patient. Pharmacists will not be required to transfer prescriptions that were obtained fraudulently, that otherwise violate a law or that are contraindicated. In May, the Assembly passed a version of the measure that would have   required a pharmacist to dispense any valid prescription. The enacted version passed the Senate and the Assembly in June. It goes into effect in October.

Return to the Top

HPV

Introduced: 8 states

States with further action

Enacted: MD, NM and TX

   

(ENACTED) In May, MARYLAND Gov. Bob Ehrlich (R) signed a measure that will 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 the House in April. It goes into effect in October.

(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.

(ENACTED) In June, TEXAS Gov.Rick Perry (R) signed a measure that will require health plans to cover cervical cancer screening for women aged 18 and older. Both chambers of the legislature passed the bill in May. It goes into effect in September.

 

Return to the Top

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.)

Return to the Top

State Medicaid Family Planning Eligibility Expansions

Introduced: 4 states

States with further action

Passed at least one chamber: ID

Enacted: CT, IN and TX

Click here for current status of state policy

(ENACTED) In June, CONNECTICUT Gov. Jodi Rell (R) signed a measure directing the state to apply for a waiver from the federal government to expand eligibility for Medicaid-covered family planning services to adults with a household income up to 185% of the federal poverty line. The legislature passed the bill in May.

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.

(ENACTED) In June, TEXAS Gov. Rick Perry (R) signed a measure directing the state to apply for a waiver from the federal government to expand eligibility for Medicaid-covered family planning services to include women aged 18\x9664 who have an income of up to 185% of the federal poverty level and participate in another public assistance program. The program will exclude services or information related to emergency contraception, emphasize sexual abstinence for unmarried women and prohibit participation by, or referrals to, abortion providers or affiliated entities. Both chambers of the legislature passed the bill in May.

Return to the Top

 

PREGNANCY & BIRTH

See also:

REFUSAL CLAUSES

Fetal and Pregnant Woman Assault

Introduced: 32 states

States with further action

Committee action: NE

Passed at least one chamber: AL, AK, FL, IL, KS and OR

Enacted: AZ, FL, ME, MD, OK 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. Since the legislature has adjourned its regular session, no further action is expected.

In May, the ALASKA Senate passed legislation that would create the crimes of murder, manslaughter, criminally negligent homicide and assault of an unborn child. Since the legislature has adjourned its regular session, no further action is expected.

(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.

(ENACTED) In June, FLORIDA Governor Jeb Bush (R) signed a measure that will define a viable fetus as an independent victim in cases of vehicular manslaughter committed while under the influence of alcohol or drugs. The measure exempts actions taken by the pregnant woman. The measure passed the House and Senate in April and is scheduled to take effect in October.

  

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. It is awaiting action 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. Since the legislature has adjourned for the session, no further action is expected.   

(ENACTED) In June, the MAINE legislature passed, and Gov.John Baldacci (D) signed into law, a measure that will increase penalties for attacking a pregnant woman. The new crime, elevated aggravated assault of a pregnant woman, will apply to anyone who kills the fetus of a woman they know or should reasonably know to be pregnant. Exceptions will be made for legal abortions and medical procedures. The law, originally introduced as a fetal assault measure in the House, was amended to its current form in the Senate and will take effect in September.

(ENACTED) In May, the MAINE legislature passed, and Gov. John Baldacci (D) signed into law, a measure that establishes higher penalties for homicides when the victim was pregnant and creates a panel dedicated to collecting statistics concerning domestic abuse, especially as it relates to pregnant victims. The measure will go into effect in the fall.

In May, MARYLAND Gov. Robert Ehrlich (R) signed into law a measure that would create the crime of fetal homicide for viable fetuses, 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 the Senate in April, and is effective in October.

(ENACTED) In May, OKLAHOMA Gov. Brad Henry (D) signed into law a measure that will 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 also parental notification for abortion. The measure's parental involvement section is being challenged in court, but is in effect for the time being.

In May, the OREGON House passed a measure that would expand definitions of criminal homicide and assault to include harming an unborn fetus. The measure, which includes exemptions for lawful abortions and any actions taken by the pregnant woman, is awaiting passage in the Senate.

(ENACTED) In March, the WEST VIRGINIA House passed, and the Gov. Joe Manchin (D) 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.

Return to the Top

HIV Testing of Infants and Pregnant Women

Introduced: 5 states

States with further Action

Enacted: FL and OR

(ENACTED) In June, FLORIDA Gov. Jeb Bush (R) signed a measure that will require that a pregnant woman be informed both that an HIV the test will be performed and that she has a right to refuse. The measure will also require physicians to report infants that are exposed to HIV. The measure passed the Senate in April and the House in May. It goes into effect in July.

 

In July, OREGON Gov. Ted Kulongoski (D) signed a measure that incorporates HIV testing into the consent procedures for other blood tests conducted on pregnant women. Previously a separate consent process was necessary for HIV testing. The measure passed the House in May and the Senate in July. 

Return to the Top

Infant Abandonment

Introduced: 11 states

States with further action

Committee action: MT and NY

Passed at least one chamber: HI and VT

Enacted: MO and TX

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. Since the legislature has adjourned its regular session, no further action is expected. 

(ENACTED) In July, MISSOURI Gov. Matt Blunt (R) signed a measure that extends the age limit for legally abandoning a newborn from 30 days to one year. The bill passed the Senate in March and the House in May.

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. Since the legislature has adjourned its regular session, no further action is expected.

Return to the Top

Infertility Coverage

Introduced: 14 states

States with further action

Committee action: IL, MD and NH

Enacted: CT

(ENACTED) In June, CONNECTICUT Gov. Jodi Rell (R) signed a measure that will require health insurance plans to cover medically necessary infertility diagnosis and treatment. Religious employers that fit the federal definition of a qualified church organization or church-affiliated organization will be able to opt out of the coverage. In cases where the employer opts out, employees will receive written notice that their plan does not include the coverage. The requirement will apply to plans issued after October 1, 2005. The measure passed the Senate in May and the House in June.

Return to the Top

Substance Abuse During Pregnancy

Introduced: 15 states

States with further action

Committee action: MN and TN

Passed at least one chamber: AR

Enacted: AR, CO, LA and NV

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.

(ENACTED) In May, COLORADO Gov. Bill Owns (R) signed legislation that will allow a newborn's testing positive for controlled substances to be considered evidence of child neglect, unless the drugs had been prescribed for the woman. The measure passed the Senate in March and the House in February. It goes into effect in July.

(ENACTED) In June, LOUISIANA Gov. Kathleen Blanco (D) signed a bill that would expand the definition of child neglect to include prenatal substance abuse. Health care providers would be required to report to the state when a newborn is affected by prenatal drug use. The measure passed the Senate in May and the House in June.

 

(ENACTED) In June, NEVADA Gov. Kenny Guinn (R) signed a measure that will amend the state's child abuse statutes to require health professionals and anyone who reasonably believes an infant has been harmed to report to the state when an infant shows signs of withdrawal or indications of prenatal substance abuse. The measure will also establish that prenatal substance abuse may be a reason to remove the infant from the parent. Current law considers prenatal substance abuse as a reason to remove a child. The bill passed the Senate in April, and the Assembly in June. It goes into effect in October.

Return to the Top

 

REFUSAL CLAUSES

Establishing the Right to Refuse to Provide Abortion Services

Allowing Health Professionals to Refuse:

Introduced: 14 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. Since the legislature adjourned its regular session, further action is not expected.

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, 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: 10 states

States with further action

Committee action: SD

Passed at least one chamber: AZ

Click here for current status of state policy

(See Allowing Health Professionals to Refuse for AZ and OK.)

Return to the Top

Establishing the Right to Refuse to Provide Contraceptive Services

(See also: Requiring Pharmacists to Dispense Contraception)

Allowing Health Professionals to Refuse:

Introduced: 9 states

States with further action

Committee action: SD

Passed at least one chamber: OR

Enacted: TX

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.

(ENACTED) In June, TEXAS Gov. Rick Perry (R) signed legislation that would require that women who have been sexually assaulted be given information on STD treatment and pregnancy prevention methods, presumably including emergency contraception. A health care provider may refuse to provide this information if the refusal is based on ethical or religious grounds; however, another health care provider at the facility must give the woman the information. It passed the legislature in May and goes into effect in September.

Return to the Top

Allowing Pharmacists to Refuse:

Introduced: 12 states

States with further action

Committee action: GA, SD, TN and TX

Vetoed: 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: 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

Return to the Top

 

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.

Return to the Top

Sex Education

Provisions Requiring Sex Education:

Introduced: 20 states

States with further action

Committee action: CA, ME, MN and RI

Passed at least one chamber: IL, MO, NC and WA

Vetoed: AZ

Click here for current status of state policy

In May, ARIZONA Gov. Janet Napolitano (D) vetoed a measure that would have would have allowed parents to remove their children from either sex or HIV education classes. Current state policy requires parents to consent before a child takes part in sex education and allows parents to remove children from HIV education. The measure passed the Senate in April and the House in February.

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. Since the legislature has adjourned its regular session, further action is not expected.

In May, the MISSOURI House removed several provisions from an omnibus abortion bill, but retained a provision that would have prohibited organizations that provide abortion services from participating in, or providing materials for, sex education classes. The House provisions would also require health educators to refer students to a health care practitioner for information on contraception, abortion and pregnancy. The House also retained provisions that would have funded crisis pregnancy centers, placed abortion-related restrictions on state health department funds, expanded reporting requirements for abortion and prohibited taking a minor across state lines to obtain an abortion. The measure passed the Senate in April but died at the end of regular legislative session when the House and Senate could not agree on the provisions. The legislature will reconvene in September in a special session to address these abortion-related issues.   

In June, the NORTH CAROLINA House approved a measure that would amend the state's mandatory sex education law. The bill would require that sex education offered in the state include instruction on diseases that are transmitted through sexual contact, as well as information on contraceptive effectiveness and failure rates for adolescents. Students would also receive information on how alcohol and drug use may lead to risky sexual behavior. The measure is awaiting action in 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. Since the legislature adjourned its regular session, no further action is expected.

Provisions Requiring HIV Education:

Introduced: 12 states

States with further action

Committee action: MN, RI and UT

Passed at least one chamber: WA

Vetoed: AZ

Click here for current status of state policy

In May, ARIZONA Gov. Janet Napolitano (D) vetoed a measure that would have would have allowed parents to remove their children from either sex or HIV education classes. Current state policy requires parents to consent before a child takes part in sex education and allows parents to remove children from HIV education. The measure passed the Senate in April and the House in February.

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. Since the legislature has adjourned its regular session, no further action is expected.

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. Since the legislature has adjourned its regular session, no further action is expected.

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


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


© copyright 2004, The Alan Guttmacher Institute.