Monthly State Update:
MAJOR DEVELOPMENTS IN 2005
(as of 4/1/2005)
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 April, legislatures in 43 states (AL, AK, AZ, AR, CA,
CO, CT, DE, FL, HI, ID, IL, IN, IA, KS, LA, ME, MD, MA, MI, MN,
MS, MO, MT, NE, NV, NH, NJ, NY, NC, ND, OH, OK, OR, PA, RI, SC,
TN, TX, VT, WA, WV and WI) were in regular session. The legislatures
in seven states (GA, KY, NM, SD, UT, VA 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
Infant
Abandonment
Substance Abuse During Pregnancy
Refusal
Clauses
Abortion Services
Contraceptive Services
General Medical Services
Youth
Child Abuse Reporting
Sex Education
See Also:
Abortion:
Minors Reporting
Abortion: Parental Involvement
Contraception & Prevention: Parental Involvement
ABORTION
See also:
CONTRACEPTION
& PREVENTION: Abortion-Related Restrictions on State Family
Planning Funds
REFUSAL CLAUSES
Introduced: 7 states
States with further action
Passed
at least one chamber: OK
Enacted:
SD
In
March , the OKLAHOMA House of Representative approved a
measure designed to make abortion illegal in the state if the Supreme
Court were to overturn Roe v. Wade . The measure is pending
in the Senate.
In
March , Governor Mike Rounds (R), of SOUTH DAKOTA , signed
legislation that would make abortion illegal in the state, except
when necessary to save the life of the woman, if the Supreme Court
were to overturn Roe v. Wade . The measure was approved
by the legislature in February.
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'Choose
Life' License Plate Revenue Used to Fund Crisis Pregnancy Centers
Introduced: 8 states
States
with further action
Passed
at least one chamber: GA
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 pending in
the House.
(ENACTED)
In February, Gov. Bob Taft (R) of OHIO signed a law authorizing
the sale of “Choose Life” license plates. Proceeds from the sale
of the plates would be used to fund nonprofit organizations that
encourage pregnant woman to choose adoption; funds could not be
distributed to agencies with ties to organizations that provide
abortion services or referrals.
In January,
the U.S. Supreme Court declined to review a lower court decision
invalidating SOUTH CAROLINA'S ‘Choose Life' license plate program.
The effort was established in 2001 and blocked later that year when
Planned Parenthood of South Carolina filed suit, claiming that the
program violates the First Amendment by denying abortion rights
supporters an equal opportunity to express their views. The state
now may either eliminate the specialty plates or offer one with
a prochoice message.
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Crisis
Pregnancy Centers/Alternatives to Abortion
Introduced: 6 states
States with further action
Committee
action: MN and MO
Passed
at least one chamber: KS and ND
In
March, the KANSAS House of Representatives passed a measure
that would create a program to provide grants to nonprofit organizations
that offer services to help women carry their pregnancies to term.
Agencies that provide or refer for abortion services would not be
eligible for funding under the program. The bill is pending in the
Senate.
In
March, the NORTH DAKOTA House of Representatives passed
a measure that would create an “alternatives-to-abortion” program.
The program would fund agencies that provide info rmation, counseling
and support services to encourage childbirth instead of abortion.
The measure passed the Senate in February.
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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: CO and MT
Passed
at least one chamber: AR, GA and VA
In
March, the ARKANSAS legislature passed a bill that would
amend the state's current counseling law to require that women who
are seeking abortion at least 20 weeks gestation be told that “the
unborn child has the physical structures necessary to experience
pain” and that anesthesia may be administered directly to the fetus
to help eliminate any pain caused by the abortion. The bill, which
contains an exception for medical emergencies, is awaiting action
by Governor Mike Huckabee (R).
In
March , the GEORGIA Senate passed a bill that would require
a 24-hour waiting period between a woman's receipt of specified
info rmation on abortion—including info rmation on the medical risks
of the procedure, fetal development, fetal pain and alternatives
to abortion—and the procedure. The measure passed the House
in February and is awaiting
action from Gov. Sonny Perdue (R).
In
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: CO, MN and MT
Passed
at least one chamber: AR, GA, IN and VA
Click
here for current status of state policy
In
March, the ARKANSAS legislature passed a bill that would
amend the state's current counseling law to require that women who
are seeking abortion at least 20 weeks gestation be told that “the
unborn child has the physical structures necessary to experience
pain” and that anesthesia may be administered directly to the fetus
to help eliminate any pain caused by the abortion. The bill, which
contains an exception for medical emergencies, is awaiting action
by Governor Mike Huckabee (R).
In February,
the GEORGIA House passed a measure that would
require a 24-hour waiting period between a woman's receipt of specified
information on abortion—including information on the medical risks
of the procedure, fetal development, fetal pain and alternatives
to abortion— and the procedure. The bill would also amend the state's
parental involvement law by requiring abortion providers to obtain
the consent of a minor's parents before an abortion is performed;
current law requires that parents be notified. The measure is pending
in the Senate.
In
March, the INDIANA House of Representatives passed a bill
that would info rm women seeking abortion of the availability of
ultrasound imaging, and give them the option to view these ultrasound
images before having an abortion. The bill passed the Senate in
February.
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
Committee
action: AR
Passed
at least one chamber: GA and OK
Enacted:
SD
Click
here for current status of state policy
In March, the GEORGIA Senate passed a bill that
would require a 24-hour waiting period between a woman's receipt
of specified info rmation on abortion—including information on the
medical risks of the proceudre, fetal development, fetal pain and
alternatives to abortion—and the procedure. The measure passed
the House in February and
is awaiting action from Gov. Sonny Perdue (R).
In
March, the OKLAHOMA House of Representatives passed a bill
that would require a 24-hour waiting period between when a woman
receives detailed info rmation on abortion and when the procedure
is performed. The bill would require the Department of Health to
produce the info rmational materials and to post the info rmation
on its Web site. The bill would also require parental notification
at least 48 hours before an abortion is performed on a minor and
mandate that physicians and judges file reports with the department.
The bill is pending in the Senate.
In
March, Gov. Mike Rounds (R) of SOUTH DAKOTA signed a law
amending the state's counseling and waiting period requirement.
The new law requires that women be given specific info rmation alleging
an increased risk of depression, psychological distress and suicide
following abortion. Women must also be info rmed that the abortion
will “terminate the life of a whole, separate, unique, living human
being.” While state law had previously required that women be counseled
orally 24 hours before an abortion, the new measure requires that
they must also receive written materials at least two hours before
the procedure. The law was approved by the legislature in February
and goes into effect June 30, 2005.
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Minors
Reporting Requirements
Introduced: 11 states
States with further action
Passed
at least one chamber: GA, ID, OK and WV
Enacted:
AR
(ENACTED)
In March, ARKANSAS Governor Mike Huckabee (R) signed
legislation requiring doctors to obtain parental consent before
performing an abortion on a minor. The physician must report whether
consent was required, how it was obtained or whether it was waived
because of a medical emergency or because a judicial bypass was
granted. In February, the House and Senate approved the measure,
which replaces the state's previous parental notification requirement;
it will take effect in early June.
In
March, the GEORGIA Senate passed legislation that would
require physicians to file annual reports with the Department of
Human Resources on abortions performed on minors. Reports would
provide information on the number of cases in which consent was
given, and on how often the requirement was waived, either because
of a court order or a medical emergency. The Department of Human
Resources would publish an annual report that would hide the identity
of the minors. The measure would also require that a minor's parents'
consent before an abortion is performed. In February, the measure
was approved in the House and is currently awaiting the Governor's
signature.
In
March, the IDAHO House and Senate passed an amendment to
the state's parental consent law that would include reporting requirements
for abortions performed on minors. Under the new measure, physicians
would be required to provide info rmation to the Department of Health
and Welfare on the number of abortions performed on minors and whether
and how parental consent was obtained. For cases in which consent
was not obtained, the department would be required to determine
whether a judicial bypass had been obtained or if a medical emergency
existed. The measure is awaiting approval by the Senate.
In
March, the OKLAHOMA House of Representatives passed a measure
that would establish reporting requirements for physicians performing
an abortion on a minor. The measure would require physicians to
file reports with the Department of Health. Physicians would be
required to report on the number of cases in which parental notice
was given, whether those minors went on to receive an abortion,
and the number of cases in which notification was waived because
of medical emergency or judicial bypass. The department must also
collect the number of judicial waivers requested, granted, denied,
appealed, upheld or overturned. These figures would be published
in a yearly report that would hide the identity of the minors. The
measure would also require that parental notification,
counseling and waiting period requirements be met before an abortion
is performed on a minor. The bill is pending in the Senate.
In
March, the WEST VIRGINIA Senate passed a measure that would
amend the state's parental notification law to require physicians
and judges to report abortions performed on minors to the
Department of Health. Physicians would be required to provide information
on whether and how notification was delivered and whether notice
was waived because of medical emergency or judicial bypass. Judges
would be required to notify the department of the number of judicial
waivers sought and the outcome for each case. The department would
publish a yearly report that would hide the identity of the minors.
The measure would also require that parents be notified 48 hours
before the procedure (existing law requires 24 hours' advance notice).
The bill is awaiting action in the House.
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Parental
Consent Requirements:
Introduced: 15 states
States with further action
Past at
least one chamber: GA, ID and MO
Enacted:
AR
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
March, the GEORGIA Senate passed legislation that would
require parental consent for minors obtaining abortions. The measure
is designed to replace the state's existing parental notification
law . The bill would also require a 24-hour waiting period between
when a woman receives detailed info rmation on abortion and when
the procedure is performed. The measure was approved in the House
in February, and is awaiting
Gov. Sonny Perdue's (R) signature
In
March, the IDAHO House and Senate passed an amendment to
the state's current parental consent law, which had been declared
unconstitutional because its definition of a medical emergency was
too narrow. In addition to defining “medical emergency” more broadly,
the measure would require that a minor's parents be notified within
24 hours of an emergency abortion. A physician would be able to
petition a court to waive consent if he or she believed it would
not be in the minor's best interest. Whenever the judicial bypass
procedure is used, the court would appoint a guardian for the minor
who would be charged with investigating and reporting any evidence
of sexual abuse or statutory rape back to the court. The measure
is awaiting concurrence by the Senate.
In
March, the MISSOURI House passed a measure that would amend
the state's parental consent law by making it illegal to take a
minor across state lines to circumvent the state's parental involvement
requirement. The measure is awaiting passage in the Senate.
Parental Notification
Requirements:
Introduced: 19 states
States with further action
Passed
at least one chamber: MT, OK and WV
Enacted:
SD
Click
here for current status of state policy
In February,
the MONTANA House approved an amendment to the state's current parental
notification law. The measure would give judges greater discretion
in deciding when to bypass the notification requirement by allowing
them to waive notice if the minor were “competent” or the abortion
were in her “best interest.” The measure would also give judges
greater latitude in determining when a minor might be subject to
parental abuse if notice were required. The measure is awaiting
consideration by the Senate.
In
March, the OKLAHOMA House of Representatives passed a measure
that would require physicians to notify a minor's parents at least
48 hours before an abortion is performed. Notice could be waived
in the case of a medical emergency or if the minor obtains a judicial
waiver. Oklahoma 's previous parental consent law was ruled unconstitutional
because it did not include exceptions for medical emergency or cases
of parental abuse; it also did not include a judicial bypass. The
new measure includes reporting requirements for physicians and judges
and a 24-hour waiting period. This 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 July
1, 2005.
In
March, the WEST VIRGINIA Senate passed a measure amending
the state's parental notification law. The bill would require 48
(as opposed to 24) hours' notice be given to one of the minor's
parents either in person or through certified mail. It would also
close a loophole that had allowed physicians to waive notification
if they found the minor sufficiently mature or that notification
would not be in her best interest. The measure would also require
doctors to report abortions to the Department of Health, and include
info rmation on if and how notification was delivered, if a medical
emergency existed or if a judicial bypass was granted. The bill
is currently awaiting action in the House.
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Introduced: 9 states
Click
here for current status of state policy
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Physician-Only
Requirements
Introduced: 9 states
States with further action
Passed
as least one chamber: MT and OK
In
March, the MONTANA Senate passed a bill that would revise
the laws governing physician assistants. The Senate amendment repeals
the state's law mandating that abortions be performed only by physicians.
The bill is awaiting further action by the House, as the version
passed in February did not include repealing the relevant provisions.
In
March, the OKLAHOMA House of Representatives passed a bill
that would make it illegal for anyone who is not a physician to
prescribe mifepristone (RU-486). The bill would also require that
physicians prescribing mifepristone perform follow-up exams on their
patients and report any resulting complications. The bill is pending
in the Senate.
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Introduced: 4 states
Click
here for current status of state policy
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Introduced: 8 states
Click
here for current status of state policy
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Introduced: 4 states
States with further action
Committee
action: UT
Passed
at least one chamber: MT
Click
here for current status of state policy
In February,
the MONTANA House passed a measure that would make it a
crime to
knowingly obstruct of hinder entry into or exit from a health care
facility, including a physician's office. The measure would
prohibit anye from coming within eight feet of a person near the
facility to provide information, distribute materials or protest
abortion without that person's consent. The measure is now pending
in the Senate.
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Introduced: 6 states
Committee
action: MO
Click
here for current status of state policy
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Reporting
Statistical Information to State Agencies
Introduced: 6 states
States with further action
Passed
at least one chamber: IA
Click
here for current status of state policy
In
March, the IOWA House of Representatives passed a bill
that would require a health care provider performing an abortion
on a minor to record whether the parents were notified, whether
the notification requirement was waived by the juvenile court or
whether and why the notification requirement was inapplicable in
that case. The measure would require that all reporting be done
in such a way that the names of the patients, health care professionals,
court officials and judges remain anonymous. The bill is pending
in the Senate.
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Introduced: 26 states
States with further action
Committee
action: CT
Passed
at least one chamber: AZ, IN, MD, MA, MS and WA
Enacted:
VA
In February,
the ARIZONA House adopted a measure that would prohibit public funds
from being used for human cloning. Because the measure defines
cloning as the process of inserting the genetic material from one
cell into another cell that has had its nucleus removed, it would
also have the effect of prohibiting funding for therapeutic embryo
research that uses this process. The bill is awaiting consideration
by the Senate.
In
March, the ARIZONA House and Senate each passed separate
measures to establish fact-finding boards composed of legislators,
doctors, lawyers, clergymen, public appointees and experts in the
field to consider the benefits and hazards of allowing stem cell
and cloning research in the state. While the board established by
the Senate would be charged with investigating both stem cell and
cloning research, the panel created by the House bill would be restricted
to cloning research. Each measure is awaiting consideration in the
other body.
In
March, the INDIANA Senate passed a measure that would prohibit
human cloning and the use of public funds or facilities for cloning
research. Hospitals not abiding by the measure would be considered
to have violated their charter; physicians found to be violating
this measure would lose their medical licenses. The measure explicitly
protects adult and fetal stem cell research and permits Indiana
University to establish a center for adult stem cell research. The
bill is awaiting passage in the House.
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 awaiting action in the Senate.
In
March , the MASSACHUSETTS Senate passed a measure that
would ban human reproductive cloning while promoting stem cell research
in the state. The bill would create an advisory panel to oversee
stem cell research in the state and require organizations conducting
research involving stem cells to report back to the advisory panel.
Organizations conducting stem cell research would have to adhere
to the requirements established by an institutional review board
that would be set up at the University of Massachusetts to review
potential stem cell research and advise potential researchers. The
measure is awaiting action in the House.
In February,
the MISSISSIPPI Senate passed a measure that would prohibit human
cloning in the state. The bill defined cloning as the introduction
of human genetic material into a cell that has had its nucleus removed
in order to produce a human or mostly human organism. (On March
1, the measure died in a committee in the House.)
(ENACTED)
In March, VIRGINIA Governor Mark Warner (R) 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.
In
March, the WASHINGTON House passed a measure that would
establish a stem cell research advisory committee. Consisting of
thirteen members chosen by the Governor, the panel would create
guidelines regulating stem cell research and address related scientific
and ethical issues. The measure would delineate the role of the
physician and patient in determining the future of embryos remaining
from infertility treatment and prohibit human cloning, the sale
of certain human materials and research on surplus material from
reproductive treatments without the donor's written consent. The
bill is awaiting action in the Senate.
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CONTRACEPTION
& PREVENTION
See also:
REFUSAL
CLAUSES
YOUTH: Child Abuse Reporting
Introduced: 5 states
Click
here for current status of state policy
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Introduced: 12 states
States with further action
Committee
action: SD and UT
Passed
at least one chamber: MT, OR and WV
Click
here for current status of state policy
In February, the MONTANA
Senate adopted a measure that would require health insurance policies
that include coverage of prescription drugs to also cover contraceptive
drugs and devices. The bill defines contraceptive methods as those
designed to prevent either fertilization or the implantation of
a fertilized egg; it explicitly includes emergency contraception
in the definition but excludes mifepristone and RU-486 . The measure
is awaiting consideration by the House.
In
March, the OREGON Senate passed a measure that would require
health plans that cover prescription drugs to also cover all FDA-approved
contraceptive drugs and devices, as well as related outpatient medical
services. The bill specifically allows medical professionals to
refuse to provide these services and requires that the patient must
be notified of the objection. The measure is awaiting consideration
by the House.
In
March, the WEST VIRGINIA House passed 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. An employer that is either
a nonprofit organization or is listed in the Official Catholic Directory
would be able to refuse to provide the coverage because of “sincerely
held religious or moral” objections, as long as they notify employees
of their objections. In cases in which an employer refuses, employees
would be able to access coverage at the group rate through the insurer.
The measure is awaiting action in the Senate.
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Offering
Emergency Contraception Services to Sexual Assault Victims:
Introduced: 12 states
States with further action
Committee
action: AR, HI and SD
Passed
at least one chamber: CO
Enacted:
NJ
Click here for current status of state
policy
In
March, the COLORADO Senate approved a measure that would
require hospital emergency rooms to give sexual assault victims
information about emergency contraception and to dispense the medication
on request. Although the measure would permit individual
health professionals to refuse to provide the info rmation, the
institution would still have an obligation to do so. Health care
facilities would not be required to provide the medication if the
woman is already pregnant or if the woman “is not at risk of becoming
pregnant.” The definition of emergency contraception included in
the legislation specifically excludes medical abortion. The bill
originally passed the House in January
and is awaiting consideration by Gov. Bill Owens (R).
(ENACTED)
In March, Acting NEW JERSEY Gov. Dick Codey
(D) signed a measure requiring hospital emergency rooms to give
medically accurate info rmation about emergency contraception to
women who have been sexually assaulted, and to provide the medication
to these women on request. The new law does not require hospitals
to provide emergency contraceptives if contraindicated or if the
woman is already pregnant. The measure, which passed the Assembly
last December and the Senate in February,
goes into effect in June.
Allowing
Pharmacists to Provide Emergency Contraception without a Prescription:
Introduced: 7 states
States with further action
Committee
action: IL
Passed
at least one chamber: MD, NH and NY
Click
here for current status of state policy
In
March, the MARYLAND Senate defeated a measure that would
have allowed pharmacists to dispense emergency contraceptives under
the aegis of a collaborative practice agreement with a physician.
In
March, the NEW HAMPSHIRE Senate approved a measure that
would allow pharmacists to dispense emergency contraceptives without
a prescription if under the aegis of a collaborative practice arrangement
with a physician and under protocols developed by the Board of Pharmacy.
When dispensing emergency contraceptives, pharmacists would be required
to provide patients with a fact sheet on emergency contraception
developed by the board. The measure is awaiting action by the House.
In January,
the NEW YORK Assembly approved a measure that
would allow pharmacists and registered nurses to dispense emergency
contraception without a prescription if acting under the aegis of
an agreement with a physician, nurse practitioner or licensed midwife. The
pharmacist would be required to complete training on emergency contraception
and provide clients with a fact sheet that would be developed by
the state department of health. The measure is awaiting consideration
by the Senate.
Restricting
Access to Emergency Contraception:
Introduced: 1 state
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Requiring
Pharmacists to Dispense Contraception
Introduced: 4 states
States with further action
Committee
action: 2 states
In
April, ILLINOIS Gov. Rod Blagojevich (D) issued emergency
rules that require pharmacies in the state to dispense FDA-approved
contraceptives. If the pharmacy does not have the drug or a suitable
substitute in stock, then the pharmacy must order the medication
through standard procedures, transfer the prescription to another
local pharmacy or return the prescription to the patient. The emergency
rules will be in effect only for 150 days, after which the state
is expected to begin the normal rulemaking process in order to make
the requirement rule permanent.
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HPV
Introduced: 6 states
States with further action
Passed
at least one chamber: MD and NM
In
March, both chambers of the NEW MEXICO legislature passed
a measure that would require health insurance plans in the state
to include coverage of HPV screening every three years for women
over 30. As originally introduced, the bill only applied to HMOs,
but was amended to include all insurance plans in the state. The
measure is awaiting consideration by Gov. Bill Richardson (D).
In
March, the MARYLAND Senate approved a measure that would
require health plans to cover HPV testing in accordance with the
recommendations by the American College of Obstetricians and Gynecologists.
The measure would permit insurers to charge co-payments comparable
to those charged for similar services. The measure is awaiting action
by the House.
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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: 3 states
States with further action
Passed
at least one chamber: ID and IN
Click
here for current status of state policy
In
March, an IDAHO House committee defeated a measure that
would have authorized the state to apply to the federal government
for a waiver to expand eligibility for Medicaid-covered family planning
services. This expansion would have covered parents whose children
are enrolled in the state's SCHIP program and women aged 19 and
older who get medical services through the Medicaid Pregnant Women
and Children Program. The measure also passed the Senate in March.
In
March, the INDIANA House approved a measure that would
direct the state to apply to for a federal waiver to expand eligibility
for Medicaid-funded family planning services to include coverage
for women for two years following a Medicaid-funded delivery. The
proposal excludes coverage of contraceptives intended to prevent
implantation of a fertilized egg, effectively limiting coverage
to contraceptives that act by preventing fertilization. The measure
passed the Senate in February
and is awaiting action by Gov. Mitch Daniels (R).
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PREGNANCY
& BIRTH
See also:
REFUSAL
CLAUSES
Introduced: 29 states
States with further action
Passed
at least one chamber: AZ, KS, MD and OK
Enacted:
WV
In
March, the ARIZONA Senate passed a bill that would amend
the state's criminal code to consider a fetus as a person for purposes
of its murder, negligent homicide and manslaughter codes. The measure
is awaiting action in the House.
In
March, the KANSAS House of Representatives passed legislation
that would define the terms “person” and “human being” under the
Kansas criminal code to include an unborn child at any stage of
development. Exceptions would include actions taken by the pregnant
woman, medical procedures (including an abortion) performed with
the pregnant woman's consent and lawfully prescribed and administered
drugs. The measure is awaiting action in the Senate.
In
March, the MARYLAND House passed a measure that would create
the crime of fetal homicide and allow the intentional killing of
a viable fetus to be considered murder, manslaughter or other form
of wrongful homicide. The measure explicitly protects the right
of a woman to an abortion and notes that it does not confer personhood
on the fetus. In addition, the bill exempts a doctor performing
reasonable medical services and measures taken by the woman herself.
The bill is awaiting action in the Senate.
In
March, the OKLAHOMA House passed a bill that would consider
a fetus as a person for the purposes of the state's homicide and
assault statutes. The measure explicitly exempts legal abortions
and medically acceptable procedures. The measure is pending in the
Senate.
In
March, the WEST VIRGINIA House passed, and the Governor
signed into law, a measure ensuring that a woman and her fetus would
constitute two separate victims under the state's homicide, manslaughter
and assault statutes. The bill includes exceptions for abortion,
medical care, legal medical research and acts committed in defense
of the pregnant woman or by the woman herself. The measure passed
the Senate in February and will
go into effect on July 1, 2005.
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Introduced: 11 states
States with further action
Committee
action: MT and NY
Passed
at least one chamber: HI
Click
here for current status of state policy
In
March, the HAWAII House approved a measure that would provide
immunity to anyone who leaves an unharmed infant younger than 72
hours with an employee of a hospital, fire or police station. The
person leaving the infant would be required to provide the infant's
written medical history. The bill is awaiting consideration by the
Senate.
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Introduced: 13 states
States with further action
Committee
action: MN
Passed
at least one chamber: AR and CO
Enacted:
AR
Click
here for current status of state policy
(ENACTED)
In March, ARKANSAS addressed two measures
concerning substance abuse during pregnancy. Gov. Mike Huckabee
(R) signed a measure that amends the definition of child neglect
to include newborns that test positive for an illegal drug or have
a health problem caused by prenatal substance abuse. The law does
not require the woman to give consent to medical tests for herself
or her infant if needed to determine whether abuse has occurred.
The law went into effect when signed. Also in March, the Senate
approved a separate measure that would require health care professionals
to report to the Department of Human Services if an infant is affected
by illegal substances or exhibits withdrawal symptoms; the report
would include info rmation that specifically identifies the woman
and the infant. The bill is awaiting consideration by the House.
In March,
the COLORADO Senate approved a measure that would consider a newborn's
testing positive for controlled substances is evidence of child
neglect unless the drugs were prescribed for the woman. The measure,
as passed by the House in February,
would have allowed for the termination of parental rights of a woman
who had failed previous court-ordered drug treatment if her newborn
tested positive for controlled substances; the Senate removed that
provision. The measure is being considered by a conference committee.
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REFUSAL
CLAUSES
Allowing Health Professionals
to Refuse:
Introduced: 11 states
States with further action
Committee
action: SD and TX
Passed
at least one chamber: AZ and OK
Click
here for current status of state policy
In February, the ARIZONA
House adopted a measure that would allow pharmacies, individual
medical professionals and their employees, as well as health
care facilities to refuse to provide abortions or emergency contraceptives
because of moral or religious objections. The list of services that
could be refused changed substantially as the bill made its way
through the House. As originally introduced, the measure would have
allowed refusals to provide contraceptives and sterilization, as
well as abortion. At the committee level, the bill was amended to
apply to abortion, “abortifacient contraception,” emergency contraception
and sterilization. “Abortifacient contraception” was not defined.
Before approving the measure, the House removed “abortifacient contraception”
and sterilization. The measure is awaiting consideration in the
Senate.
In
March , the OKLAHOMA House passed a bill that would allow
individual health care providers and university and community hospitals
to refuse to perform abortions, sterilizations and procedures related
to fetal or embryo research. The measure would also reinstitute
the state's ban on abortion, except in cases of life endangerment,
if Roe v Wade is overturned by the U.S. Supreme Court.
The legislation is awaiting consideration by the Senate.
Allowing
Insurers to Refuse:
Introduced: 6 states
States with further action
Committee
action: SD and TX
Click
here for current status of state policy
Allowing
Pharmacists to Refuse:
Introduced: 11 states
States with further action
Committee
action: GA, SD, TN and TX
Passed
at least one chamber: AZ
Click
here for current status of state policy
(See
Allowing Health Professionals to Refuse for AZ.)
Allowing Facilities to
Refuse:
Introduced: 11 states
States with further action
Committee
action: SD, TN and TX
Passed
at least one chamber: AZ and OK
Click
here for current status of state policy
(See
Allowing Health Professionals to Refuse for AZ and OK.)
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Allowing Health Professionals
to Refuse:
Introduced: 9 states
States with further action
Committee
action: SD and TX
Passed
at least one chamber: AZ and OR
Click
here for current status of state policy
In
February, the ARIZONA House adopted a measure that would allow pharmacies,
individual medical professionals and their employees, as
well as health care facilities to refuse to provide abortions or
emergency contraceptives because of moral or religious objections.
The list of services that could be refused changed substantially
as the bill made its way through the House. As originally introduced,
the measure would have allowed refusals to provide contraceptives
and sterilization, as well as abortion. At the committee level,
the bill was amended to apply to abortion, “abortifacient contraception,”
emergency contraception and sterilization. “Abortifacient contraception”
was not defined. Before approving the measure, the House removed
“abortifacient contraception” and sterilization. The measure is
awaiting consideration in the Senate.
In
March, the OREGON Senate passed a measure would allow medical
professionals to refuse to provide contraceptive-related services
and requires that the patient must be notified of the objection.
The provision is contained in legislation that would establish a
contraceptive coverage mandate that would require insurance plans
that cover prescription drugs to also cover all FDA-approved contraceptive
drugs and devices, as well as related outpatient medical services.
The measure is awaiting consideration by the House.
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Allowing Pharmacists
to Refuse:
Introduced: 10 states
States with further action
Committee
action: GA, SD, TN and TX
Passed
at least one chamber: AZ
Click
here for current status of state policy
(See
Allowing Health Professionals to Refuse for AZ.)
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Allowing Health Professionals
to Refuse:
Introduced: 7 states
States with further action
Committee
action: SD and TX
Click
here for current status of state policy
Allowing Insurers to
Refuse:
Introduced: 6 states
States with further action
Committee
action: SD and TX
Click
here for current status of state policy
Allowing Pharmacists
to Refuse:
Introduced: 7 states
States with further action
Committee
action: SD and TX
Click
here for current status of state policy
Allowing Facilities to
Refuse:
Introduced: 9 states
States with further action
Committee
action: SD, TN and TX
Click
here for current status of state policy
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YOUTH
See also:
ABORTION: Parental Involvement
CONTRACEPTION & PREVENTION: Parental Involvement
Introduced: 4 states
States with further action
Passed
at least one chamber: KS
In
March, both chambers of the KANSAS legislature adopted
a measure that would require physicians providing abortions to minors
younger than 14 years of age to send a sample of the fetal tissue
to the Kansas Bureau of Investigation, which would conduct an investigation
for evidence of statutory rape according to rules developed by the
attorney general's office. The bill is awaiting action by Gov. Kathleen
Sebelius (D).
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Provisions Requiring
Sex Education:
Introduced: 19 states
States with further action
Committee
action: MN and RI
Passed
at least one chamber: WA
Click
here for current status of state policy
In
March, the WASHINGTON House approved a measure that would
establish requirements for sex education provided in the state.
The measure would require that any sex education provided in the
state to include info rmation 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 info rmation on
physiology and building self-esteem. The measure is awaiting consideration
by the Senate.
Provisions Requiring
HIV Education:
Introduced: 9 states
States with further action
Committee
action: RI, UT and WA
Click
here for current status of state policy
Provisions
Requiring that Sex Education Curricula be Medically Accurate:
Introduced: 8 states
States with further action
Committee
action: HI, MN, RI and WA
Passed
at least one chamber: HI
In March,
the HAWAII House passed a measure that would require all information
on family planning, pregnancy counseling, STDs and HIV included
in reproductive health education provided by state-funded organizations
to be medically accurate. The measure is awaiting consideration
in the Senate.
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Production of the State Update
is made possible by support from The David and Lucile Packard Foundation
and the Prospect Hill Foundation.
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