Monthly State Update:
MAJOR DEVELOPMENTS IN 2005
(as of 7/1/2005)
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 July, legislatures in 13 states (CA, IL, MA, MI, MN*,
NJ, NY, NC, OH, OR, PA, RI, and WI) were in regular session.
MN is in a special session that includes debate on reproductive
health issues. The legislatures in 37 states (AL, AK, AR, AZ, CO,
CT, DE, FL, GA, HI, ID, IL, IN, IA, KS, KY, LA, ME, MD, 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
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.
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'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 “Choose Life” and
“Adopt a Child” license plates. The bill is in the House. Since
the legislatures has adjourned its regular session, further action
is not expected.
In April,
a U.S. Court of Appeals panel reversed a lower court decision invalidating
LOUISIANA's “Choose Life” license plates. The court found that the
case properly belongs in state, rather than federal, court and cleared
the way for the sale of the plates, which was authorized by the
state legislature in 1999.
In May,
the MISSOURI House removed several provisions from an
omnibus abortion bill, including a provision that would have created
a “Respect Life” 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 “Choose Life” license plates. Proceeds from the sale
of the plates would be used to fund nonprofit organizations that
encourage pregnant woman to choose adoption; funds could not be
distributed to agencies with ties to organizations that provide
abortion services or referrals.
In January,
the U.S. Supreme Court declined to review a lower court decision
invalidating SOUTH CAROLINA'S ‘Choose Life' license plate program.
The effort was established in 2001 and blocked later that year when
Planned Parenthood of South Carolina filed suit, claiming that the
program violates the First Amendment by denying abortion rights
supporters an equal opportunity to express their views. The state
now may either eliminate the specialty plates or offer one with
a prochoice message.
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Crisis
Pregnancy Centers/Alternatives to Abortion
Introduced: 8 states
States with further action
Passed
at least one chamber: OK and PA
Enacted:
KS, MN, MO, ND and OH
(ENACTED)
In April, Gov. Kathleen Sebelius (D) of KANSAS signed a measure
that creates an “alternatives to abortion” program to fund nonprofit
organizations that provide services, education or referrals that
help women carry their pregnancies to term. Programs that provide
or refer women to abortion services are not eligible for funding.
The bill was approved by the legislature in March.
(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 “pregnancy
resource center”. 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 “respecting
life” 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 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 “Choose L ife ” 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 April, Gov. John Hoeven (R) of NORTH DAKOTA signed a measure
creating an “alternatives to abortion” program to fund agencies
that provide info rmation, counseling and support services to encourage
childbirth instead of abortion. Organizations that provide abortion
referrals or services will not be eligible for funds. The measure
passed the legislature in March
and becomes effective in August.
In
April, the PENNSYLVANIA House passed the state's budget which
includes funds for alternatives to abortion. The bill is awaiting
action by the Senate.
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Fetal
Pain
(These
bills overlap with bills in the Mandatory Counseling and Waiting
Period category.)
Introduced: 19 states
States with further action
Committee
action: CA, CO and MT
Passed
at least one chamber: MN and VA
Enacted:
AR and GA
(ENACTED)
In April, ARKANSAS Gov. Mike Huckabee (R) signed a bill amending
the state's existing counseling law to require that, except in medical
emergencies, women seeking an abortion who are at least 20 weeks
pregnant must be told about the availability of anesthesia that
can be administered directly to the fetus to help eliminate pain.
The woman must also be given printed materials containing a specific
statement that at 20 weeks' gestation “the unborn child has the
physical structures necessary to experience pain.” The bill passed
the legislature in March and
becomes effective in July.
(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.
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 fetal pain. As passed by the House,
the bill would have required a woman to receive state-directed counseling
at least 24 hours prior to an abortion. 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
that passed the House in April also included provisions on reporting
requirements for abortions on minors, funding for alternatives to
abortion and family planning funding restrictions. It passed the
House in April. The legislature
is now in special session to continue consideration of the measure.
In
February, a measure that would require physicians to inform women
that a fetus may feel pain was passed by the VIRGINIA General Assembly,
but died at the committee level in the Senate. The measure would
have amended the state's current counseling laws to require abortion
providers to give women printed materials stating that at 20 weeks
gestation “the unborn child has the physical structures necessary
to experience pain.” The bill would also have made it a crime for
a doctor to perform an abortion after at least 20 weeks gestation
without anesthesia or other drugs unless the woman refuses the drugs
or there is a medical emergency.
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Women
Required to Receive State-Directed Counseling:
Introduced: 20 states
States with further action
Committee
action: CA, CO, MT and TX
Passed
at least one chamber: 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 February,
a measure that would require physicians to inform women that a fetus
may feel pain was passed by the VIRGINIA General Assembly, but died
at the committee level in the Senate. The measure would have amended
the state's current counseling laws to require abortion providers
to give women printed materials stating that at 20 weeks gestation
“the unborn child has the physical structures necessary to experience
pain.” The bill would also have made it a crime for a doctor to
perform an abortion after at least 20 weeks gestation without anesthesia
or other drugs unless the woman refuses the drugs or there is a
medical emergency.
Requirements for State-Directed Counseling
Followed by a Waiting Period:
Introduced: 17 states
States with further action
Passed
at least one chamber: LA, MI and MN
Enacted:
AR, GA, 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 “the unborn child
has the physical structures necessary to experience pain.” The measure
also institutes a 24-hour waiting period between the time the woman
receives the counseling and the procedure. The bill passed the legislature
in March and becomes effective
in July.
(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.
In
June, the LOUISIANA legislature passed a bill that would
amend their current counseling and waiting period law to allow a
woman having an abortion because of rape or incest to receive the
state's informed consent materials without having to wait 24 hours
before the procedure. The bill would also allow a woman to request
spiritual counseling before an abortion. The bill is awaiting action
from Gov. Kathleen Blanco (D).
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 “terminate the life of a whole, separate, unique,
living human being.” While state law had previously required that
women be counseled orally 24 hours before an abortion, the new measure
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.
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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
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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.
(ENACTED)
In April, IDAHO Gov. Dirk Kempthorne (R) signed legislation
amending the state's parental consent law that had been ruled unconstitutional
in 2004. The new law includes a broader definition of “medical emergency”
and requires that a minor's parents be notified within 24 hours
of the emergency abortion procedure. In addition, the law allows
the court to appoint a guardian to investigate the circumstances
of a minor's pregnancy when she petitions for a judicial bypass.
A challenge to the measure has been filed. In March,
the measure was passed by both chambers of the legislature.
In 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, NM and OR
Passed
at least one chamber: MT 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.
(ENACTED)
In June, FLORIDA Governor Jeb Bush (R) signed
into law a measure that will make minor changes to the abortion
code. The measure protects the record of judicial bypass proceedings
for minors by expanding the scope of material prohibited from public
viewing. The measure passed both chambers in May
and is effective July 1.
(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 “competent” or the abortion
were in her “best interest.” The measure would also give judges
greater latitude in determining when a minor might be subject to
parental abuse if notice were required. Since the legislature has
adjourned its regular session, further action is not expected.
(ENACTED)
In May, OKLAHOMA Gov. Brad Henry (D) signed into law a measure
that requires a physician to give 48 hours' notice to one parent
before performing an abortion on a minor. Notice is not necessary
in cases of a medical emergency or when the minor receives a judicial
bypass. The bill also includes provisions related to fetal assault
and counseling and waiting periods for women obtaining an abortion.
The bill passed the House in March
and the Senate in April.
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 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
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Introduced: 9 states
States with further action
Committee
action: IL
Passed
at least one chamber: AR
Click
here for current status of state policy
In April,
the ARKANSAS House passed a measure that would ban “partial-birth”
abortions except in rare circumstances. The measure would allow
the procedure only if a second, unaffiliated physician certifies
that it is necessary to save a woman's life or prevent major physical
impairment. Abortions using this procedure would have to be reported
to the Department of Health. Since the legislature has adjourned
it regular session, further action is not expected.
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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
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.
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Introduced: 10 states
Click
here for current status of state policy
Return
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Introduced: 4 states
States with further action
Committee
action: UT
Enacted:
MT
Click
here for current status of state policy
In April,
the U.S. Supreme Court refused to hear an appeal of a lower court
ruling upholding MASSACHUSETT'S clinic access law. The law, which
passed in 2000, mandates a six-foot buffer zone around people within
18 feet of clinic entrances and prohibits interacting with clinic
visitors or staff for the purpose of counseling or protesting within
this designated area.
(ENACTED)
In April, MONTANA Gov. Brian Schweitzer (D) signed a law making
it illegal to knowingly obstruct or hinder entry to or exit from
a health care facility, including a physician's office. The measure
prohibits anyone from coming within eight feet of a person near
the facility to provide info rmation, distribute materials or protest
abortion without that person's consent. The measure passed the legislature
in February and becomes effective
in October.
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Introduced: 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.
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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 “partial-birth” 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.
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Introduced: 32 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.
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CONTRACEPTION
& PREVENTION
See also:
REFUSAL
CLAUSES
YOUTH: Child Abuse Reporting
Introduced: 10 states
States with further action
Passed
at least one chamber: MN, MO, PA and WI
Enacted:
OH and TX
Click
here for current status of state policy
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 restricted the use of state grant funds
for family planning. Under the version of the measure that passed
the House in April, these funds could not go directly or indirectly
to pay for abortion services or to fund an organization that either
provides abortion services or considers abortion part of the continuum
of reproductive health services. The House-passed version also included
reporting requirements for minors seeking abortions, funding for
alternatives to abortion and provisions related to fetal pain. The
legislature is in special session to continue consideration of the
measure.
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.
In April,
the PENNSYLVANIA House passed the state's budget which includes
restrictions on state family planning funds that have been in place
since 2002. These restrictions require agencies (except for hospitals)
that receive state family planning funds to be financially and physically
separate from organizations that provide abortions or abortion-related
services, but allow programs funded through Title X to provide nondirective
counseling and referral services as required by federal law. The
bill also provides funds for alternatives to abortion. The bill
is awaiting action by the Senate.
(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
June, the WISCONSIN legislature passed the state's budget
which includes a priority system for the allocation of state family
planning funds that would give preference to local health departments
and tribal health centers. Other organizations may apply for any
remaining funds. The budget is awaiting action by Gov. Jim Doyle
(D).
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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 “religious purpose,” is designated
as a nonprofit organization under federal law, has as one of its
primary purposes the inculcation of religious values and primarily
employs people that share those values. The bill also passed both
chambers of the legislature in April, and goes into effect in June.
In April,
a committee in the MONTANA House defeated legislation that would
have required health insurance policies that include coverage of
prescription drugs to cover contraceptive drugs and devices. The
measure had passed the Senate in February.
In March,
the OREGON Senate passed a measure that would require health plans
that cover prescription drugs to also cover all FDA-approved contraceptive
drugs and devices, as well as related outpatient medical services.
The bill specifically allows medical professionals to refuse to
provide these services and requires that the patient must be notified
of the objection. The measure is awaiting consideration by the House.
(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.
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Offering
Emergency Contraception Services to Sexual Assault Victims:
Introduced: 15 states
States with further action
Committee
action: HI and SD
Passed
at least one chamber: MA
Enacted:
NJ and TX
Vetoed:
CO
Click here for current status of state
policy
In April,
COLORADO Gov. Bill Owens (R) vetoed a measure that would have required
that a victim of sexual assault receive information about emergency
contraception and either the medication or a referral to a nearby
pharmacy when requested. If the woman was either already pregnant
or “not at risk of becoming pregnant as a result of the sexual assault,”
the hospital would not have been required to provide the medication.
Individual medical providers would have been allowed to refuse based
on their moral or religious beliefs. The measure passed the House
in January and the Senate in March.
In
June, the MASSACHUSETTS Senate adopted a measure that would
require hospitals and clinics to offer medically accurate information
on emergency contraception and the medication, upon request, to
women of childbearing age who have been sexually assaulted. The
measure also would also allow pharmacists to provide emergency contraceptives
to women without a physician's prescription. It is awaiting action
by the House. (In early July, the Massachusetts House approved
the measure. It is in conference committee to resolve differences
in the versions that passed the two chambers.)
(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, MA, OR, NY and VT
Enacted:
NH
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
June, the MASSACHUSETTS Senate adopted a bill that would
allow pharmacists to provide emergency contraceptives to women without
a physician's prescription. The pharmacist would work under the
aegis of a collaborative practice agreement with an actively practicing
physician. Pharmacists would undergo training on emergency contraception
that would include quality assurance and documentation. When dispensing
emergency contraceptives, pharmacists would provide the client with
information on follow-up health care services when appropriate.
The bill is awaiting action by the House. (In early July, the
Massachusetts House approved the measure. It is in conference
committee to resolve differences in the versions that passed the
two chambers.)
(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 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.
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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 “intended to terminate
a pregnancy after fertilization” in a clear attempt by the measure's
supporters to exclude coverage of emergency contraception (and potentially
other hormonal methods that could act after fertilization). The
measure passed the Senate in February
and the House in March.
It went into effect when signed.
(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 18–64 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.
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Requiring
Pharmacists to Dispense Contraception
Introduced: 5 states
States with further action
Committee
action: CA and NJ
Enacted:
NV
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.
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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.
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Introduced: 7 states
States with further action
Committee
action: MN and VA
Passed
at least one chamber: MS
Click
here for current status of state policy
In February,
the MISSISSIPPI Senate adopted a bill that would require minors
to obtain parental consent before receiving medical services, including
contraceptive services, at clinics run by the State Department of
Health. The only services exempted from the parental consent requirement
were treatment for sexually transmitted diseases and emergency care.
(On March 1, the measure died in a committee in the House.)
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State
Medicaid Family Planning Eligibility Expansions
Introduced: 4 states
States with further action
Passed
at least one chamber: ID
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 “intended to terminate
a pregnancy after fertilization” in a clear attempt by the measure's
supporters to exclude coverage of emergency contraception (and potentially
other hormonal methods that could act after fertilization). The
measure passed the Senate in February
and the House in March.
It went into effect when signed.
(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 18–64 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.
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PREGNANCY
& BIRTH
See also:
REFUSAL
CLAUSES
Introduced: 33 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 “person” 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 “person” and “human being” under the Kansas criminal
code to include an unborn child at any stage of development. Exceptions
would include actions taken by the pregnant woman, medical procedures
(including an abortion) performed with the pregnant woman's consent
and lawfully prescribed and administered drugs. 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.
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HIV
Testing of Infants and Pregnant Women
Introduced: 5 states
States with further Action
Passed
at least one chamber: OR
Enacted:
FL
(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 May,
the OREGON House adopted a measure that would allow physicians to
administer HIV tests without informing a pregnant woman of the option
to refuse testing. The measure is awaiting action in the Senate.
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Introduced: 11 states
States with further action
Committee
action: MO, MT and NY
Passed
at least one chamber: HI and VT
Enacted:
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.
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.
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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.
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Introduced: 15 states
States with further action
Committee
action: MN and TN
Passed
at least one chamber: AR and LA
Enacted:
AR, CO 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.
In
June, the LOUISIANA House adopted 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 is awaiting
action by Gov. Kathleen Blanco (D).
(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
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