The Alan Guttmacher Institute



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

 

Abortion Bans to Replace Roe

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 \x93Choose Life\x94 and \x93Adopt a Child\x94 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 \x93Choose Life\x94 license plates. Proceeds from the sale of the plates would be used to fund nonprofit organizations that encourage pregnant woman to choose adoption; funds could not be distributed to agencies with ties to organizations that provide abortion services or referrals.

In January, the U.S. Supreme Court declined to review a lower court decision invalidating SOUTH CAROLINA'S \x91Choose Life' license plate program. The effort was established in 2001 and blocked later that year when Planned Parenthood of South Carolina filed suit, claiming that the program violates the First Amendment by denying abortion rights supporters an equal opportunity to express their views. The state now may either eliminate the specialty plates or offer one with a prochoice message.

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Crisis Pregnancy Centers/Alternatives to Abortion

Introduced: 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 \x93alternatives-to-abortion\x94 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 \x93the unborn child has the physical structures necessary to experience pain\x94 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\x97including info rmation on the medical risks of the procedure, fetal development, fetal pain and alternatives to abortion\x97and the procedure.  The measure passed the House in February and is awaiting action from Gov. Sonny Perdue (R).

In February, a measure that would require physicians to inform women that a fetus may feel pain was passed by the VIRGINIA General Assembly, but died at the committee level in the Senate. The measure would have amended the state's current counseling laws to require abortion providers to give women printed materials stating that at 20 weeks gestation \x93the unborn child has the physical structures necessary to experience pain.\x94 The bill would also have made it a crime for a doctor to perform an abortion after at least 20 weeks gestation without anesthesia or other drugs unless the woman refuses the drugs or there is a medical emergency.

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Mandatory Counseling and Waiting Periods Before Abortion

Women Required to Receive State-Directed Counseling:

Introduced: 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 \x93the unborn child has the physical structures necessary to experience pain\x94 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\x97including information on the medical risks of the procedure, fetal development, fetal pain and alternatives to abortion\x97 and the procedure. The bill would also amend the state's parental involvement law by requiring abortion providers to obtain the consent of a minor's parents before an abortion is performed; current law requires that parents be notified. The measure is pending in the Senate.

In 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 \x93the unborn child has the physical structures necessary to experience pain.\x94 The bill would also have made it a crime for a doctor to perform an abortion after at least 20 weeks gestation without anesthesia or other drugs unless the woman refuses the drugs or there is a medical emergency.

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

Introduced: 17 states

States with further action

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\x97including information on the medical risks of the proceudre, fetal development, fetal pain and alternatives to abortion\x97and the procedure.  The measure passed the House in February and is awaiting action from Gov. Sonny Perdue (R).

In March, the OKLAHOMA House of Representatives passed a bill that would require a 24-hour waiting period between when a woman receives detailed info rmation on abortion and when the procedure is performed. The bill would require the Department of Health to produce the info rmational materials and to post the info rmation on its Web site. The bill would also require parental notification at least 48 hours before an abortion is performed on a minor and mandate that physicians and judges file reports with the department. The bill is pending in the Senate.

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 \x93terminate the life of a whole, separate, unique, living human being.\x94 While state law had previously required that women be counseled orally 24 hours before an abortion, the new measure requires that they must also receive written materials at least two hours before the procedure. The law was approved by the legislature in February and goes into effect 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 Involvement in Minors' Abortions

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 \x93medical emergency\x94 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 \x93competent\x94 or the abortion were in her \x93best interest.\x94 The measure would also give judges greater latitude in determining when a minor might be subject to parental abuse if notice were required. The measure is awaiting consideration by the Senate.

In 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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'Partial-Birth' Abortion

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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Postviability Abortion

Introduced: 4 states

Click here for current status of state policy

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Private Insurance Coverage of Abortion

Introduced: 8 states

Click here for current status of state policy

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Protecting Access to Clinics

Introduced: 4 states

States with further action

Committee action: UT

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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Public Funding of Abortion for Low-Income Women

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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Stem-Cell and Embryo Research

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

Abortion-Related Restrictions on Family Planning Funds

Introduced: 5 states

Click here for current status of state policy

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Contraceptive Coverage Mandates

Introduced: 12 states

States with further action

Committee action: SD and UT

Passed at least one chamber: MT, OR and WV

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 \x93sincerely held religious or moral\x94 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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Emergency Contraception

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

Offering Emergency Contraception Services to Sexual Assault Victims:

Introduced: 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 \x93is not at risk of becoming pregnant.\x94 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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Parental Involvement Requirements for Minors Seeking Contraceptive Services

Introduced: 7 states

States with further action

Committee action: MN and VA

Passed at least one chamber: MS

Click here for current status of state policy

In February, the MISSISSIPPI Senate adopted a bill that would require minors to obtain parental consent before receiving medical services, including contraceptive services, at clinics run by the State Department of Health. The only services exempted from the parental consent requirement were treatment for sexually transmitted diseases and emergency care. (On March 1, the measure died in a committee in the House.)

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State Medicaid Family Planning Eligibility Expansions

Introduced: 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

Fetal and Pregnant Woman Assault

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 \x93person\x94 and \x93human being\x94 under the Kansas criminal code to include an unborn child at any stage of development. Exceptions would include actions taken by the pregnant woman, medical procedures (including an abortion) performed with the pregnant woman's consent and lawfully prescribed and administered drugs. The measure is awaiting action in the Senate.

In 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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Infant Abandonment

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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Substance Abuse During Pregnancy

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

Establishing the Right to Refuse to Provide Abortion Services

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, \x93abortifacient contraception,\x94 emergency contraception and sterilization. \x93Abortifacient contraception\x94 was not defined. Before approving the measure, the House removed \x93abortifacient contraception\x94 and sterilization. The measure is awaiting consideration in the Senate.

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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Establishing the Right to Refuse to Provide Contraceptive Services

(See also: Requiring Pharmacists to Dispense Contraception)

Allowing Health Professionals to Refuse:

Introduced: 9 states

States with further action

Committee action: SD 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, \x93abortifacient contraception,\x94 emergency contraception and sterilization. \x93Abortifacient contraception\x94 was not defined. Before approving the measure, the House removed \x93abortifacient contraception\x94 and sterilization. The measure is awaiting consideration in the Senate.

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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Establishing the Right to Refuse to Provide Medical Care in General

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

Child Abuse Reporting

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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Sex Education

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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