Monthly State Update:
MAJOR DEVELOPMENTS IN 2005
(as of 6/1/2005)
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 June, legislatures in 22 states (CA, CT, DE, IL, LA,
ME, MA, MI, MN*, NE, NV, NH, NJ, NY, NC, OH, OR, PA, RI, SC, VT
and WI) were in regular session. MN is in a special session
that includes debate on reproductive health issues. The legislatures
in 28 states (AL, AK, AR, AZ, CO, FL, GA, HI, ID, IN, IA, KS, KY,
MD, MS, MO, MT, NM, ND, OK, SD, TN, TX, UT, VA, WA, WV and WY) have
adjourned their regular sessions.
Jump to actions around:
Abortion
Abortion Bans to Replace Roe
Choose
Life' License Plates
Crisis
Pregnancy Centers/Alternatives to Abortion
Fetal
Pain
Mandatory Counseling and Waiting Periods
Minors
Reporting
Parental Involvement
'Partial-Birth' Abortion
Physician-Only Requirements
Postviability Abortion
Private Insurance Coverage of Abortion
Protecting Access to Clinics
Public Funding of Abortion
Reporting Statistical Information to State
Agencies
Stem-Cell and Embryo Research
See Also:
Contraception
and Prevention: Abortion-Related Restrictions on State Family Planning
Funds
Fetal
Assault
Refusal Clauses: Abortion Services (See
also General Medical Services)
Contraception
& Prevention
Abortion-Related Restrictions on State
Family Planning Funds
Contraceptive Coverage
Emergency Contraception
HPV
Parental
Involvement
Requiring
Pharmacists to Dispense Contraception
State
Medicaid Family Planning Eligibility Expansions
See Also:
Youth:
Child Abuse Reporting
Refusal Clauses: Contraceptive Services
(See also General Medical Services)
Pregnancy
& Birth
Fetal
Assault
HIV
Testing of Infants and Pregnant Women
Infant
Abandonment
Infertility
Coverage
Substance Abuse During Pregnancy
Refusal
Clauses
Abortion Services
Contraceptive Services
General Medical Services
Youth
Child Abuse Reporting
Sex Education
See Also:
Abortion:
Minors Reporting
Abortion: Parental Involvement
Contraception & Prevention: Parental Involvement
ABORTION
See also:
CONTRACEPTION
& PREVENTION: Abortion-Related Restrictions on State Family
Planning Funds
REFUSAL CLAUSES
Introduced: 8 states
States with further action
Passed
at least one chamber: OK
Enacted:
SD
In March,
the OKLAHOMA House of Representatives approved a measure designed
to make abortion illegal in the state if the Supreme Court were
to overturn Roe v. Wade. Since the legislature has adjourned
its regular session, further action is not expected.
In April,
the SOUTH CAROLINA House passed a measure that would guarantee that
the rights of citizens, as conferred in the state constitution,
begin at fertilization. The measure specifies that it would not
affect the prescription of emergency contraceptives for victims
of sexual assault. The bill is awaiting action by the Senate.
(ENACTED)
In March, Gov. Mike Rounds (R), of SOUTH DAKOTA, signed legislation
that would make abortion illegal in the state, except when necessary
to save the life of the woman, if the Supreme Court were to overturn
Roe v. Wade. The measure was approved by the legislature
in February.
Return
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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 and MO
Enacted:
OH
Click
here for current status of state policy
In March,
the GEORGIA Senate passed a measure to create “Choose Life” and
“Adopt a Child” license plates. The bill is in the House. Since
the legislatures has adjourned its regular session, further action
is not expected.
In April,
a U.S. Court of Appeals panel reversed a lower court decision invalidating
LOUISIANA's “Choose Life” license plates. The court found that the
case properly belongs in state, rather than federal, court and cleared
the way for the sale of the plates, which was authorized by the
state legislature in 1999.
In
May, the MISSOURI House removed several
provisions from an omnibus abortion bill, including a provision
that would have created a “Respect Life” license plate, the proceeds
from which would have gone to a state alternatives-to-abortion fund.
The House retained provisions that would have funded crisis pregnancy
centers, required additional abortion reporting and imposed abortion-related
restrictions on state family planning funds, prohibited organizations
that provide abortion services from participating in sex education
classes and prohibited taking a minor across state lines to obtain
an abortion. The measure passed the Senate in April
but died at the end of the regular legislative session when the
House and Senate could not agree on the provisions. The legislature
will reconvene in September in a special session to address the
abortion-related issues in this bill.
(ENACTED)
In February, Gov. Bob Taft (R) of OHIO signed a law authorizing
the sale of “Choose Life” license plates. Proceeds from the sale
of the plates would be used to fund nonprofit organizations that
encourage pregnant woman to choose adoption; funds could not be
distributed to agencies with ties to organizations that provide
abortion services or referrals.
In January,
the U.S. Supreme Court declined to review a lower court decision
invalidating SOUTH CAROLINA'S ‘Choose Life' license plate program.
The effort was established in 2001 and blocked later that year when
Planned Parenthood of South Carolina filed suit, claiming that the
program violates the First Amendment by denying abortion rights
supporters an equal opportunity to express their views. The state
now may either eliminate the specialty plates or offer one with
a prochoice message.
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Crisis
Pregnancy Centers/Alternatives to Abortion
Introduced: 7 states
States with further action
Passed
at least one chamber: MO, OK and PA
Enacted:
KS, MN and ND
(ENACTED)
In April, Gov. Kathleen Sebelius (D) of KANSAS signed a measure
that creates an “alternatives to abortion” program to fund nonprofit
organizations that provide services, education or referrals that
help women carry their pregnancies to term. Programs that provide
or refer women to abortion services are not eligible for funding.
The bill was approved by the legislature in March.
(ENACTED)
In May, the MINNESOTA legislature passed,
and Gov. Tim Pawlenty (R) signed, a measure that creates a $2.5
million fund from which grants will be distributed to organizations
that provide education, referrals, support or services that help
women carry their pregnancies to term. Funding cannot be given to
organizations or affiliates of organizations that promote, perform
or provide counseling for abortion services.
In
May, the MINNESOTA Senate passed an amended version of
the state's health budget, stripping it of all of the reproductive
health provisions, including one to fund alternatives to abortion.
As passed by the House in April,
the bill would have funded organizations that provide pregnant
women with information, referrals and assistance in carrying their
pregnancy to term. Abortion counseling would have been permitted
only if the woman's life were endangered. The bill also included
reporting requirements for minors seeking abortions, restrictions
on state family planning funds and requirements related to fetal
pain. The legislature is in a special session to continue considering
the bill.
In
May, the MISSOURI House removed several
provisions from an omnibus abortion bill, but retained a provision
relevant to crisis pregnancy centers. The bill would have allowed
citizens to receive a tax credit of up to 50% of the amount contributed
to a “pregnancy resource center”. The House deleted a provisions
that would have created the Respect Life Commission, which would
have been responsible for distributing grants from the state alternatives-to-abortion
fund and coordinating public education efforts on so-called “respecting
life” issues. The House kept provisions that would have restricted
state family planning funds, required additional abortion reporting,
prohibited organizations that provide abortion services from participating
in sex education classes and prohibited taking a minor across state
lines to obtain an abortion. The measure passed the Senate in
April but died at the end of regular legislative session when
the House and Senate could not agree on the provisions. The legislature
will reconvene in September in a special session to address these
abortion-related issues.
In April,
the PENNSYLVANIA House passed the state's budget which includes
funds for alternatives to abortion. The bill is awaiting action
by the Senate.
(ENACTED)
In April, Gov. John Hoeven (R) of NORTH DAKOTA signed a measure
creating an “alternatives to abortion” program to fund agencies
that provide info rmation, counseling and support services to encourage
childbirth instead of abortion. Organizations that provide abortion
referrals or services will not be eligible for funds. The measure
passed the legislature in March
and becomes effective in August.
In April,
each house of the OKLAHOMA legislature passed a measure that would
require the state to provide information, through printed materials
and the Internet, on organizations and services to assist a woman
through pregnancy. The bill also addresses abortion counseling and
waiting periods, abortion reporting and fetal assault; the Senate-passed
measure also includes parental notification for abortion.
Each measure is awaiting passage by the other body.
Return
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Fetal
Pain
(These
bills overlap with bills in the Mandatory Counseling and Waiting
Period category.)
Introduced: 19 states
States with further action
Committee
action: CA, CO and MT
Passed
at least one chamber: MN and VA
Enacted:
AR and GA
(ENACTED)
In April, ARKANSAS Gov. Mike Huckabee (R) signed a bill amending
the state's existing counseling law to require that, except in medical
emergencies, women seeking an abortion who are at least 20 weeks
pregnant must be told about the availability of anesthesia that
can be administered directly to the fetus to help eliminate pain.
The woman must also be given printed materials containing a specific
statement that at 20 weeks' gestation “the unborn child has the
physical structures necessary to experience pain.” The bill passed
the legislature in March and
becomes effective in July.
(ENACTED)
In May, GEORGIA Gov. Sonny
Perdue (R) signed a measure that requires a woman to receive state-directed
counseling at least 24 hours prior to an abortion. The counseling
must include information on the medical risks of the procedure,
the developmental stage of the fetus, the availability of anesthesia
to alleviate fetal pain and alternatives to abortion. The bill also
amends the state's parental notification law and requires physicians
to file reports on abortions provided to minors. The measure passed
the House in February
and the Senate in March and
is now in effect.
In
May, the MINNESOTA Senate passed an amended version of
the state's health budget stripping it of all of the reproductive
health provisions, including a provision related to fetal pain.
As passed by the House, the bill would have required a woman to
receive state-directed counseling at least 24 hours prior to an
abortion. The counseling would have had to include information on
the medical risks of the procedure, the stage in development of
the fetus, the availability of anesthesia to alleviate fetal pain
and alternatives to abortion. The version that passed the House
in April also included provisions on reporting requirements for
abortions on minors, funding for alternatives to abortion and family
planning funding restrictions. It passed the House in April.
The legislature is now in special session to continue consideration
of the measure.
In
February, a measure that would require physicians to inform women
that a fetus may feel pain was passed by the VIRGINIA General Assembly,
but died at the committee level in the Senate. The measure would
have amended the state's current counseling laws to require abortion
providers to give women printed materials stating that at 20 weeks
gestation “the unborn child has the physical structures necessary
to experience pain.” The bill would also have made it a crime for
a doctor to perform an abortion after at least 20 weeks gestation
without anesthesia or other drugs unless the woman refuses the drugs
or there is a medical emergency.
Return
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Women
Required to Receive State-Directed Counseling:
Introduced: 21 states
States with further action
Committee
action: CA, CO, MT and TX
Passed
at least one chamber: VA
Enacted:
IN
Click
here for current status of state policy
(ENACTED)
In April, INDIANA Gov. Mitch Daniels (R)
signed a measure that amends the state's existing counseling law
to require practitioners to inform women seeking an abortion of
the availability of ultrasound imaging and give women the option
to view ultrasound images before undergoing the procedure. The bill
passed the legislature in March
and will go into effect in July.
In February,
a measure that would require physicians to inform women that a fetus
may feel pain was passed by the VIRGINIA General Assembly, but died
at the committee level in the Senate. The measure would have amended
the state's current counseling laws to require abortion providers
to give women printed materials stating that at 20 weeks gestation
“the unborn child has the physical structures necessary to experience
pain.” The bill would also have made it a crime for a doctor to
perform an abortion after at least 20 weeks gestation without anesthesia
or other drugs unless the woman refuses the drugs or there is a
medical emergency.
Requirements for State-Directed Counseling
Followed by a Waiting Period:
Introduced: 17 states
States with further action
Passed
at least one chamber: MI and MN
Enacted:
AR, GA, OK and SD
Click
here for current status of state policy
(ENACTED)
In April, ARKANSAS Gov. Mike Huckabee (R) signed a bill
amending the state's existing counseling law to require that, except
in medical emergencies, women seeking an abortion who are at least
20 weeks pregnant must be told about the availability of anesthesia
that can be administered directly to the fetus to help eliminate
pain. The woman must also be given printed materials containing
a specific statement that at 20 weeks' gestation “the unborn child
has the physical structures necessary to experience pain.” The measure
also institutes a 24-hour waiting period between the time the woman
receives the counseling and the procedure. The bill passed the legislature
in March and becomes effective
in July.
(ENACTED)
In May, GEORGIA Gov. Sonny Perdue (R) signed
into law a measure that requires a woman to receive state-directed
counseling at least 24 hours prior to an abortion. The counseling
must include information on the medical risks of the procedure,
the stage in development of the fetus, the availability of anesthesia
available to alleviate fetal pain and alternatives to abortion.
The state will also develop guidelines for providers on reporting
the number of women receiving the information. The bill also amends
the state's parental notification law and requires physicians to
file reports on abortions provided to minors. The measure passed
the House in February
and the Senate in March,
and is now in effect.
In
May, the MICHIGAN House of Representatives passed a bill
that would amend current counseling laws to require a physician
to perform an ultrasound on the patient at least 24 hours before
performing an abortion and give her the opportunity to view the
ultrasound image and receive a hard copy of it. The measure is awaiting
action in the Senate.
In
May, the MINNESOTA Senate passed an amended version of
the state's health budget, stripping it of all of the reproductive
health provisions, including a provision related to abortion counseling
and waiting periods. As passed by the House in April, the bill would
have required a woman to receive state-directed counseling at least
24 hours prior to an abortion. The counseling would have had to
include information o the medical risks of the procedure, the stage
in development of the fetus, the availability of anesthesia to alleviate
fetal pain and alternatives to abortion. The version passed by the
House in April also included provisions on minors reporting requirements,
alternatives-to-abortion funding and restrictions on family planning
funding. The legislature is now in special session to continue consideration
of the measure.
(ENACTED)
In May, OKLAHOMA Gov. Brad Henry (D) signed
a measure that requires a woman to receive state-directed counseling
at least 24 hours before obtaining an abortion. The counseling materials
must include the physician's name, the developmental stage of the
fetus and a list of organizations able to provide support should
the woman decide to carry the pregnancy to term. Women must certify
in writing, prior to the abortion, that they have received this
information. The bill also calls for the information to be printed
by the state and maintained on the state's Web site. The state's
medical board must develop guidelines for providers on reporting
the number of women receiving the information. The measure also
includes provisions requiring parental notice before a minor obtains
an abortion, and allowing a fetus to be considered a victim under
the state's assault statutes. It passed the legislature in April.
The measure's parental involvement section is being challenged in
court, but is in effect for the time being.
(ENACTED)
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 information 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 in June.
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Minors
Reporting Requirements
Introduced: 11 states
States with further action
Committee
action: NM
Passed
at least one chamber: IA, MN, OK, OR, TX and WV
Enacted:
AR, FL, GA and ID
(ENACTED)
In March, ARKANSAS Gov. Mike Huckabee (R) signed legislation
requiring doctors to obtain parental consent before performing an
abortion on a minor. The physician must report whether consent was
required, how it was obtained or whether it was waived because of
a medical emergency or because a judicial bypass was granted. In
February, the House and Senate approved the measure, which replaces
the state's previous parental notification requirement; it will
take effect in early June.
In
May, CALIFORNIA Attorney General Bill Lockyer (D) authorized
the inclusion of a proposed constitutional amendment requiring parental
involvement on the next statewide ballot, after certifying that
a petition in favor of the ballot initiative had received the necessary
number of signatures. If the amendment is approved by voters, abortion
providers will be required to report the instances of abortions
performed on minors and the state will compile those statistics.
The state constitutional amendment would also require physicians
to give 48 hours' notice to one parent before performing an abortion
on a minor.
(ENACTED)
In May, the FLORIDA Senate passed, and Gov.
Jeb Bush (R) signed into law, a measure requiring courts to report
the number of times they are requested to waive parental notice
and the outcome of each case. The reports will be made to the governor,
speaker of the House and president of the Senate once a year. The
bill also requires parental notification before a minor obtains
an abortion, unless a judicial bypass is obtained or a medical emergency
exists. A similar measure passed the Senate but was discarded after
the current bill provided for a more accessible and expedient judicial
bypass option. This measure passed the House in April and is effective
in July.
(ENACTED)
In May, GEORGIA Gov. Sonny Perdue (R) signed
into law a measure that requires physicians to file annual reports
with the Department of Human Resources on abortions performed on
minors. The reports will include information on the number of cases
in which parental notice was given and on how often notice was waived,
either because of a court order or a medical emergency. The Department
will publish an annual report that hides the identity of the minors.
The measure also closes what was portrayed as a loophole that could
have allowed adults other than the minor's parents or guardian to
receive notice on the parent's behalf, and establishes counseling
and waiting period requirements before a woman obtains an abortion.
The measure passed the House in February and the Senate in March,
and is now in effect.
(ENACTED)
In April, IDAHO Governor Dirk Kempthorne (R) signed legislation
amending the state's parental consent law that had been ruled unconstitutional
in 2004. The new parental consent law includes reporting requirements
specific to minors. Abortion providers must report to the
Department of Health if consent from a parent was received, waived
by a judicial bypass or not obtained because of a medical emergency.
In March, both chambers of the state legislator passed the bill
which is in effect.
In March,
the IOWA House of Representatives passed a bill that would require
a health care provider performing an abortion on a minor to record
whether the parents were notified, whether the notification requirement
was waived by the juvenile court or whether and why the notification
requirement was inapplicable in that case. The measure would require
that all reporting be done in such a way that the names of the patients,
health care professionals, court officials and judges remain anonymous.
The bill is pending in the Senate.
In
May, the MINNESOTA Senate passed an amended version of
the state's budget, stripping it of all of the reproductive health
provisions, including a section that would have established reporting
requirements for minors' abortions. The version of the measure that
passed the House in April
would have required reports of minors obtaining judicial bypass.
These reports would include information on how the minor was informed
of the judicial bypass option, whether a physician assisted the
minor through the court process, and the length of time elapsed
between the minor's clinic visit and the court proceedings. The
House-passed version also included abortion-related restrictions
on state family planning funds, funding for alternatives to abortion
and provisions related to fetal pain. The legislature is in special
session to continue consideration of the measure.
In April,
each house of the OKLAHOMA legislature passed a measure that would
require a woman to receive state-directed counseling at least 24
hours before obtaining an abortion and to be given written materials
including the name of the doctor performing the procedure, the developmental
stage of the fetus and organizations able to provide support, should
the women decide to carry her pregnancy to term. The state's medical
board would be charged with developing guidelines for physicians'
reports on the number of women receiving the info rmation. Both
versions include a fetal assault provision and would establish a
Web site with information on abortion alternatives; the Senate-passed
measure also includes a parental notification requirement. Since
the legislature has adjourned its regular session, further action
is not expected.
In
May, the OREGON House passed a measure that would establish
reporting requirements for minors seeking judicial bypass of the
state's parental involvement requirement. The measure would require
the Chief Administrative Law Judge to publish the number of petitions
filed and their outcomes once per year. The measure would also require
physicians to give 48 hours' notice to one parent before performing
an abortion on a minor, except when a medical emergency exists or
a judicial bypass is granted. The parent may waive the 48-hour waiting
period in person. The measure is awaiting action in the Senate.
In
May, the TEXAS Senate passed a measure that would have
required courts to report information on the number of judicial
bypass petitions received, the outcome of each petition and general
information concerning each minor to the Office of the Court Administration.
The measure died in the House.
In March,
the WEST VIRGINIA Senate passed a measure that would amend the state's
parental notification law to require physicians and judges to report
abortions performed on minors to the Department of Health. Physicians
would be required to provide information on whether and how notification
was delivered and whether notice was waived because of medical emergency
or judicial bypass. Judges would be required to notify the department
of the number of judicial waivers sought and the outcome for each
case. The department would publish a yearly report that would hide
the identity of the minors. The measure would also require that
parents be notified 48 hours before the procedure (existing law
requires 24 hours' advance notice). Since the legislature has adjourned
its regular session, futher action is not expected.
Return
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Parental
Consent Requirements:
Introduced: 14 states
States with further action
Past at
least one chamber: MO and TX
Enacted:
AR and ID
Click
here for current status of state policy
(ENACTED) In March, ARKANSAS Gov. Mike Huckabee (R)
signed legislation requiring doctors to obtain parental consent
before performing an abortion. It also establishes a judicial bypass
procedure and includes an exception when an abortion is necessary
to preserve the health of the minor. In February,
the House and Senate approved the measure, which replaces the state's
previous parental notification requirement; it will take effect
in early June.
(ENACTED)
In April, IDAHO Gov. Dirk Kempthorne (R) signed legislation
amending the state's parental consent law that had been ruled unconstitutional
in 2004. The new law includes a broader definition of “medical emergency”
and requires that a minor's parents be notified within 24 hours
of the emergency abortion procedure. In addition, the law allows
the court to appoint a guardian to investigate the circumstances
of a minor's pregnancy when she petitions for a judicial bypass.
A challenge to the measure has been filed. In March,
the measure was passed by both chambers of the legislature.
In
May, the MISSOURI House passed an omnibus abortion measure
that would make it illegal to transport a minor across state lines
for an abortion to avoid parental involvement statutes. The House
removed other abortion-related provisions, but retained restrictions
on family planning funds, funding for crisis pregnancy centers,
additional abortion reporting requirements and restrictions on organizations
that provide abortion services from participating in sex education
classes. The measure passed the Senate in April,
but died at the end of regular legislative session when the House
and Senate could not agree on the provisions. The legislature will
reconvene in September in a special session to address these abortion-related
issues.
In
May, the TEXAS legislature passed a measure that would
require a physician to obtain written consent from one parent before
performing an abortion on a minor. Consent could be waived in the
case of a medical emergency or judicial bypass. The measure would
also prohibit third-trimester abortions of a viable fetus, except
in cases where the life of the woman is endangered, the woman would
otherwise suffer imminent severe brain damage or paralysis, or the
fetus has severe, irreversible brain impairment. Efforts to institute
parental consent were considered in both the House and the Senate,
but were dropped in favor of the current legislation. The current
measure is awaiting the Gov. Rick Perry's (R) signature.
Parental Notification
Requirements:
Introduced: 22 states
States with further action
Committee
action: IL, NM and OR
Passed
at least one chamber: FL, GA, MT, OK and WV
Enacted:
SD
Click
here for current status of state policy
In
May, the CALIFORNIA Attorney General Bill Lockyer (D) authorized
the inclusion of a proposed constitutional amendment requiring parental
involvement on the next statewide ballot, after certifying that
a petition in favor of the ballot initiative had received the necessary
number of signatures. The state constitutional amendment would require
a physician give 48 hours' notice to one parent before performing
an abortion on a minor. The parent may waive such notice in writing,
or notice may be waived in the case of a medical emergency or judicial
bypass. Abortion providers would have to report all abortions performed
on minors, and the state would compile those statistics.
(ENACTED)
In May, the FLORIDA Senate passed, and Gov.
Jeb Bush (R) signed into law, a measure requiring parental notice
before an abortion is performed on a minor. The physician would
be required to give 48 hours' notice to one parent, either in person
or via certified mail. The notice requirement could be waived in
the case of a medical emergency, if the minor is married, already
has a child or obtains a judicial bypass. The measure also requires
courts to report the number of bypass petitions they receive and
the outcome of each case. A similar measure passed the Senate, but
was dropped. This measure passed the House in April
and is effective in July.
In
May, the FLORIDA legislature passed a measure that will
make minor changes to the abortion code. The measure would expand
the types of materials protected from public viewing in a minor's
judicial bypass hearing, and would include all court records. The
measure is awaiting the Governor's signature.
(ENACTED)
In May, GEORGIA Governor Sonny Perdue (R)
signed into law a measure amending the state's existing parental
notification law. The new law closes a perceived loophole that could
have allowed adults other than a parent or guardian to receive notice.
The measure also requires physicians to file reports on abortions
performed on minors and establishes counseling and waiting period
requirements before a woman obtains an abortion. The measure passed
the House in February and
the Senate in March, and
is in effect.
In February,
the MONTANA House approved an amendment to the state's current parental
notification law. The measure would give judges greater discretion
in deciding when to bypass the notification requirement by allowing
them to waive notice if the minor were “competent” or the abortion
were in her “best interest.” The measure would also give judges
greater latitude in determining when a minor might be subject to
parental abuse if notice were required. Since the legislature has
adjourned its regular session, further action is not expected.
(ENACTED)
In May, OKLAHOMA Gov. Brad Henry (D) signed
into law a measure that requires a physician to give 48 hours' notice
to one parent before performing an abortion on a minor. Notice is
not necessary in cases of a medical emergency or when the minor
receives a judicial bypass. The bill also includes provisions related
to fetal assault and counseling and waiting periods for women obtaining
an abortion. The bill passed the House in March
and the Senate in April.
The measure's parental involvement section is being challenged in
court, but is in effect for the time being.
In
May, the OREGON House passed a measure requiring that a
physician give 48 hours' notice to one parent before performing
an abortion on a minor, except when a medical emergency exists or
a judicial bypass is granted. The parent may waive the 48-hour waiting
period in person. The measure would also require the courts
to report on the number of bypass petitions filed and the outcome
of each petition. The measure is awaiting action in the Senate.
(ENACTED)
In March, the SOUTH DAKOTA House approved, and the Governor
signed into law, a measure amending the state's parental notification
law. The new law will allow notification to be waived if the minor's
parents provide a certified document confirming that they know about
the procedure. The bill would also require a doctor to notify a
minor's parents within 24 hours of an emergency abortion. In February,
the Senate approved the measure. The changes will be effective in
July.
In March,
the WEST VIRGINIA Senate passed a measure amending the state's parental
notification law. The bill would require 48 (as opposed to 24) hours'
notice be given to one of the minor's parents either in person or
through certified mail. It would also close a loophole that had
allowed physicians to waive notification if they found the minor
sufficiently mature or that notification would not be in her best
interest. The measure would also require doctors to report abortions
to the Department of Health, and include info rmation on if and
how notification was delivered, if a medical emergency existed or
if a judicial bypass was granted. Since the legislature has adjourned
its regular session, further action is not expected.
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Introduced: 9 states
States with further action
Committee
action: IL
Passed
at least one chamber: AR
Click
here for current status of state policy
In April,
the ARKANSAS House passed a measure that would ban “partial-birth”
abortions except in rare circumstances. The measure would allow
the procedure only if a second, unaffiliated physician certifies
that it is necessary to save a woman's life or prevent major physical
impairment. Abortions using this procedure would have to be reported
to the Department of Health. Since the legislature has adjourned
it regular session, further action is not expected.
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Physician-Only
Requirements
Introduced: 8 states
States with further action
Passed
as least one chamber: OK
Enacted:
MT
(ENACTED)
In April, Gov. Brian Schweitzer (D) of MONTANA signed
a law permitting physician assistants to provide abortion services.
The measure repeals the state's existing physician-only law that
has not been in effect since it was ruled unconstitutional by the
state Supreme Court in 1999. The bill passed the legislature in
March and becomes effective
in October.
In March,
the OKLAHOMA House of Representatives passed a bill that would make
it illegal for anyone who is not a physician to prescribe mifepristone
(RU-486). The bill would also require that physicians prescribing
mifepristone perform follow-up exams on their patients and report
any resulting complications. Since the legislature has adjourned
its regular session, further action is not expected.
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Introduced: 6 states
Passed
at least one chamber: TX
Click
here for current status of state policy
In
May, the TEXAS legislature passed a measure that would
ban certain third-trimester abortions. The measure would prohibit
third-trimester abortions on a viable fetus, except when the life
of the woman is endangered, the woman would otherwise suffer imminent
severe brain damage or paralysis, or the fetus has severe, irreversible
brain impairment. The measure would also mandate parental consent
for minors seeking an abortion. The measure is awaiting the Gov.
Rick Perry's (R) signature.
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Introduced: 10 states
Click
here for current status of state policy
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Introduced: 4 states
States with further action
Committee
action: UT
Enacted:
MT
Click
here for current status of state policy
In April,
the U.S. Supreme Court refused to hear an appeal of a lower court
ruling upholding MASSACHUSETT'S clinic access law. The law, which
passed in 2000, mandates a six-foot buffer zone around people within
18 feet of clinic entrances and prohibits interacting with clinic
visitors or staff for the purpose of counseling or protesting within
this designated area.
(ENACTED)
In April, MONTANA Gov. Brian Schweitzer (D) signed a law making
it illegal to knowingly obstruct or hinder entry to or exit from
a health care facility, including a physician's office. The measure
prohibits anyone from coming within eight feet of a person near
the facility to provide info rmation, distribute materials or protest
abortion without that person's consent. The measure passed the legislature
in February and becomes effective
in October.
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Introduced: 5 states
Click
here for current status of state policy
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Reporting
Statistical Information to State Agencies
Introduced: 10 states
States with further action
Committee
action: MN
Passed
at least one chamber: AR and MO
Click
here for current status of state policy
In April,
the ARKANSAS House passed a measure that would require physicians
to report the occurrence of “partial-birth” abortions to the state
Department of Health. Since the legislature has adjourned its regular
session, further action is not expected.
In
May, the MISSOURI House removed several provisions from
an omnibus abortion bill, including a provision that would have
expanded existing state abortion reporting requirements to include
information on the procedure, the specific reason the woman was
having the abortion and whether she had been using any method of
contraception when she became pregnant. The House retained provisions
that would have funded crisis pregnancy centers, restricted state
family planning funds, prohibited organizations that provide abortion
services from participating in sex education classes and prohibited
taking a minor across state lines to obtain an abortion. The measure
passed the Senate in April
but died at the end of regular legislative session when the House
and Senate could not agree on the provisions. The legislature will
reconvene in September in a special session to address these abortion-related
issues.
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Introduced: 29 states
States with further action
Committee
action: IL, MO, MN and NY
Passed
at least one chamber: AZ, CT, HI, LA, MD, MS and WA
Enacted:
AZ, IN, MA and VA
(ENACTED)
In April, the ARIZONA House passed, and Gov. Janet Napolitano
(D) signed, a measure creating a fact-finding board to explore issues
related to stem cell research and provide advice on how it may be
regulated on a statewide level. The panel will report back to the
legislature in the fall of 2005 and again in the fall of 2006. The
law passed the Senate in March;
it takes effect immediately.
(ENACTED)
In April, the ARIZONA Senate passed, and Gov. Janet Napolitano
(D) signed, a measure prohibiting the use of public money and institutions
for human cloning. Because the measure defines cloning as the process
of inserting the genetic material from one cell into another cell
that has had its nucleus removed, it would also have the effect
of prohibiting funding for therapeutic embryo research that uses
this process. The bill passed the House in February;
it will take effect in August.
In
May, the CONNECTICUT legislature passed a measure that
would ban reproductive cloning while setting conditions for stem
cell research in the state. Under the measure, the state would establish
two panels: one would consist of researchers in the field and would
review potential research; the other, consisting of legislative,
religious and health experts, would award grants based on the recommendations
of the first panel and craft policies for stem cell research conducted
in the state. Money from the state's tobacco settlement will finance
a portion the Stem Cell Research Fund. The measure is awaiting the
Gov. Jodi Rell's (R) signature.
In
May, the HAWAII legislature approved two virtually identical
measures on stem cell research. The measures would charge the University
of Hawaii with examining the possible benefits and drawbacks of
encouraging stem cell research in the state and reporting back to
the legislature for the beginning of the 2006 legislative session.
Both measures passed an initial house in
April and are now awaiting the Gov. Linda Lingle's (R) signature.
(ENACTED)
In May, INDIANA Gov. Mitch Daniels (R) signed
into law a measure to prohibit human cloning and the use of public
funds or facilities for cloning research. The measure, which was
passed by the Senate in March
and the House in April, protects
adult and fetal stem cell research, create a center for adult stem
cell research at Indiana University and charges the Department of
Health with examining the feasibility of creating an embryo adoption
bank to preserve embryos that would otherwise be destroyed. The
new law is in effect.
In
May, the LOUISIANA House passed a bill that would prohibit
human reproductive cloning and somatic cell nuclear transplantation.
The measure, which makes exceptions for fertility treatments and
stem cell research that does not involve embryos, is awaiting passage
in the Senate.
In March,
the MARYLAND House passed a bill to establish the Maryland Stem
Cell Research Fund to support research on human embryos donated
from infertility treatments. The bill would also require that infertility
patients be given the full range of options when deciding on how
to dispose of unused embryos. The measure, which prohibits human
cloning, is in the Senate. Since the legislature has adjourned its
regular session, no further action is expected.
(ENACTED)
In May , the MASSACHUSETTS legislature overrode
Gov. Mitt Romney's (R) veto and enacted a measure to ban human reproductive
cloning while permitting stem cell research. The measure will establish
two separate panels, one to oversee research and issue permits,
and another to review programs and advise researchers. The measure
passed the Senate in March
and the House in April and
is now in effect.
In February,
the MISSISSIPPI Senate passed a measure that would prohibit human
cloning in the state. The bill defined cloning as the introduction
of human genetic material into a cell that has had its nucleus removed
in order to produce a human or mostly human organism. (On March
1, the measure died in a committee in the House.)
(ENACTED)
In March, VIRGINIA Gov. Mark Warner (D) signed legislation
establishing the Christopher Reeve Stem Cell Research Fund. While
the measure will fund adult stem cell research, funding for human
embryonic stem cell research is explicitly prohibited. In February,
the measure passed both chambers of the General Assembly. The new
law will be effective July 1, 2005.
In February,
a VIRGINIA Senate committee defeated a measure that would have prohibited
financial payment for acquiring or transferring tissue from an abortion.
The bill had been approved by the House earlier in the month. Since
the legislature has adjourned its regular session, no further action
is expected.
In April,
the WASHINGTON Senate defeated a measure that would have established
a stem cell advisory committee to address scientific and ethical
concerns related to the research. The bill passed the House in March.
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CONTRACEPTION
& PREVENTION
See also:
REFUSAL
CLAUSES
YOUTH: Child Abuse Reporting
Introduced: 10 states
States with further action
Passed
at least one chamber: MN, MO, PA and TX
Click
here for current status of state policy
In
May, the MINNESOTA Senate passed an amended version of
the state's budget, stripping it of all of the reproductive health
provisions, including a section that would have restricted the use
of state grant funds for family planning. Under the version of the
measure that passed the House in April, these funds could not go
directly or indirectly to pay for abortion services or to fund an
organization that either provides abortion services or considers
abortion part of the continuum of reproductive health services.
The House-passed version also included reporting requirements for
minors seeking abortions, funding for alternatives to abortion and
provisions related to fetal pain. The legislature is in special
session to continue consideration of the measure.
In
May, the MISSOURI House removed several provisions from
an omnibus abortion bill, but retained a provision that would have
prohibited organizations that provide abortion services, including
referrals, from receiving public funds from the state, including
federal dollars that passed through the state's treasury. The House
also kept provisions that would have funded crisis pregnancy centers,
required additional abortion reporting, and prohibited organizations
that provide abortion services from participating in sex education
classes. The bill also retained the provision that would prohibit
taking a minor across state lines to obtain an abortion. The measure
passed the Senate in April
but died at the end of regular legislative session when the House
and Senate could not agree on the provisions. The legislature will
reconvene in September in a special session to address these abortion-related
issues.
In April,
the PENNSYLVANIA House passed the state's budget which includes
restrictions on state family planning funds that have been in place
since 2002. These restrictions require agencies (except for hospitals)
that receive state family planning funds to be financially and physically
separate from organizations that provide abortions or abortion-related
services, but allow programs funded through Title X to provide nondirective
counseling and referral services as required by federal law. The
bill also provides funds for alternatives to abortion. The bill
is awaiting action by the Senate.
In
May, both houses of the TEXAS legislature agreed to the
state's budget, which includes several provisions related to family
planning. The measure continues the state's policy of blocking organizations
that provide abortion services from receiving family planning funds.
It also continues the requirement that agencies obtaining state
funding must receive parental consent before providing minors with
prescription contraceptives. A separate provision requires the state
to apply to the federal government to expand eligibility for Medicaid-covered
family planning services. The measure is awaiting action by Gov.
Rick Perry (R).
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Introduced: 13 states
States with further action
Committee
action: SD and UT
Passed
at least one chamber: MT and OR
Enacted:
AR and WV
Click
here for current status of state policy
(ENACTED)
In April, ARKANSAS Gov. Mike Huckabee (R) signed legislation
requiring health insurance plans that cover prescription drugs to
cover prescription contraceptive drugs and devices, except for emergency
contraception. A religious employer may decline to provide contraceptive
coverage if the employer serves a “religious purpose,” is designated
as a nonprofit organization under federal law, has as one of its
primary purposes the inculcation of religious values and primarily
employs people that share those values. The bill also passed both
chambers of the legislature in April, and goes into effect in June.
In April,
a committee in the MONTANA House defeated legislation that would
have required health insurance policies that include coverage of
prescription drugs to cover contraceptive drugs and devices. The
measure had passed the Senate in February.
In March,
the OREGON Senate passed a measure that would require health plans
that cover prescription drugs to also cover all FDA-approved contraceptive
drugs and devices, as well as related outpatient medical services.
The bill specifically allows medical professionals to refuse to
provide these services and requires that the patient must be notified
of the objection. The measure is awaiting consideration by the House.
(ENACTED)
In May, WEST VIRGINIA Gov. Joe Manchin (D)
signed a measure that would require health plans that cover prescription
drugs and devices and outpatient services to cover prescription
contraceptive drugs and devices and related outpatient services.
The mandate would apply only to adults; coverage would not be required
for minor dependents. A religious employer could refuse coverage
if its operating principles include sincerely held religious beliefs
and it is designated as a nonprofit or a church under federal law,
or if it is listed in the Official Catholic Directory. If an employer
refuses to provide coverage, employees would have to be notified
in writing and would be permitted to purchase the coverage at the
group rate. The measure was passed by the Senate in April
and the House in March and
goes into effect in August.
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Offering
Emergency Contraception Services to Sexual Assault Victims:
Introduced: 15 states
States with further action
Committee
action: HI and SD
Passed
at least one chamber: AR and TX
Enacted:
NJ
Vetoed:
CO
Click here for current status of state
policy
In April,
COLORADO Gov. Bill Owens (R) vetoed a measure that would have required
that a victim of sexual assault receive information about emergency
contraception and either the medication or a referral to a nearby
pharmacy when requested. If the woman was either already pregnant
or “not at risk of becoming pregnant as a result of the sexual assault,”
the hospital would not have been required to provide the medication.
Individual medical providers would have been allowed to refuse based
on their moral or religious beliefs. The measure passed the House
in January and the Senate in March.
(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.
In
May, the TEXAS legislature passed a measure that would
require that women who have been sexually assaulted be given information
on STD treatment and pregnancy prevention methods, presumably including
emergency contraception. A health care professional may refuse to
provide this information if the refusal is based on ethical or religious
grounds. However, another health care provider at the facility must
give the woman the information. The measure is awaiting action by
Gov. Rick Perry (R).
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, OR, NY and VT
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
May, the NEW HAMPSHIRE House 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 passed the Senate in March
and is awaiting action by Gov. John Lynch (D).
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.
In
May, the OREGON Senate adopted a measure that would allow
pharmacists to dispense emergency contraceptives without a physician's
prescription if under the aegis of an agreement with a physician,
physician assistant or nurse practitioner. The measure also includes
a provision stating that nothing limits a pharmacist's authority
to fill contraceptive prescriptions or limits a patient's ability
to have contraceptive prescriptions filled. The measure is awaiting
consideration by the House.
In
May, the VERMONT House passed a measure that would allow
a pharmacist to dispense emergency contraceptives as part of a collaborative
practice agreement with a physician or other person authorized to
prescribe drugs. The Department of Health and Board of Pharmacy
would be charged with developing standards for the agreements, dispensing
procedures for the pharmacist and the information that would be
given to the patient. A pharmacist entering into an agreement under
the measure would have to undergo training on emergency contraception
and sensitive communications. The bill is awaiting action in the
Senate.
Expanding
Access to Emergency Contraception:
Introduced: 8 states
States with further action
Committee
action: MN
Passed
at least one chamber: HI
Click
here for current status of state policy
In
May, the HAWAII House concurred with Senate amendments
and approved a resolution that would require the state to develop
and disseminate materials on the availability of emergency contraception.
The measure passed the Senate in April.
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Restricting
Access to Emergency Contraception:
Introduced: 5 states
States with further action
Passed
as least one chamber: TX
Enacted:
AR and IN
(ENACTED)
In April, ARKANSAS Gov. Mike Huckabee (R) signed legislation
mandating contraceptive coverage in private insurance but excluding
emergency contraception from the requirement. The measure passed
both chambers of the legislature in April and goes into effect in
June.
(ENACTED)
In April, INDIANA Gov. Mitch Daniels (R) signed legislation
that directs the state to apply to for a federal waiver to expand
eligibility for Medicaid-funded family planning services to women
for two years following a Medicaid-funded delivery. The measure
specifically excludes coverage of contraceptives “intended to terminate
a pregnancy after fertilization” in a clear attempt by the measure's
supporters to exclude coverage of emergency contraception (and potentially
other hormonal methods that could act after fertilization). The
measure passed the Senate in February
and the House in March.
It went into effect when signed.
In
May, the TEXAS legislature passed a measure that would
require the state to apply for a waiver from the federal government
to expand eligibility for Medicaid-covered family planning services
to include women aged 18–64 who have an income of up to 185% of
the federal poverty level and participate in another public assistance
program. The program would exclude services or information related
to emergency contraception, emphasize sexual abstinence for unmarried
women and prohibit participation by, or referrals to, abortion providers
or affiliated entities. The measure is awaiting action by Gov. Rick
Perry (R).
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Requiring
Pharmacists to Dispense Contraception
Introduced: 5 states
States with further action
Committee
action: CA and NJ
Passed
at least one chamber: NV
In April,
ILLINOIS Gov. Rod Blagojevich (D) issued emergency rules that require
pharmacies in the state to dispense FDA-approved contraceptives.
If the pharmacy does not have the drug or a suitable substitute
in stock, then the pharmacy must order the medication through standard
procedures, transfer the prescription to another local pharmacy
or return the prescription to the patient. The emergency rules will
be in effect only for 150 days, after which the state is expected
to begin the normal rulemaking process in order to make the requirement
rule permanent.
In
May, the NEVADA Assembly passed a measure to require a
pharmacist to dispense any valid prescription. The measure would
permit a pharmacist to refuse to dispense prescriptions that were
obtained fraudulently, violate a law or are contraindicated, but
not those that conflict with his or her religious or moral beliefs.
The measure is awaiting concurrence in the Senate.
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HPV
Introduced: 7 states
States with further action
Passed
at least one chamber: TX
Enacted:
MD and NM
(ENACTED)
In May, MARYLAND Gov. Bob Ehrlich (R) signed a
measure that will require health insurance plans to cover HPV testing
in accordance with the recommendations of the American College of
Obstetricians and Gynecologists. The bill passed the Senate in March
and the House in April. It goes
into effect in October.
(ENACTED)
In April, NEW MEXICO Gov. Bill Richardson (D) signed legislation
that requires health insurance plans to include coverage of HPV
screening every three years for women 30 and older. Both chambers
of the legislature passed the measure in March;
it goes into effect in June.
In
May, the TEXAS legislature passed a measure that would
require health plans to cover cervical cancer screening for women
18 years and older. The measure is awaiting action by Gov. Rick
Perry (R).
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Introduced: 7 states
States with further action
Committee
action: MN and VA
Passed
at least one chamber: MS
Click
here for current status of state policy
In February,
the MISSISSIPPI Senate adopted a bill that would require minors
to obtain parental consent before receiving medical services, including
contraceptive services, at clinics run by the State Department of
Health. The only services exempted from the parental consent requirement
were treatment for sexually transmitted diseases and emergency care.
(On March 1, the measure died in a committee in the House.)
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State
Medicaid Family Planning Eligibility Expansions
Introduced: 4 states
States with further action
Passed
at least one chamber: CT, ID and TX
Enacted:
IN
Click
here for current status of state policy
In
May, the CONNECTICUT legislature passed a measure that
would require the state to apply for a waiver from the federal government
to expand eligibility for Medicaid-covered family planning services
to adults with a household income up to 185% of the federal poverty
line. The bill is awaiting action by Gov. Jodi Rell (R).
In March,
an IDAHO House committee defeated a measure that would have authorized
the state to apply to the federal government for a waiver to expand
eligibility for Medicaid-covered family planning services. This
expansion would have covered parents whose children are enrolled
in the state's SCHIP program and women aged 19 and older who get
medical services through the Medicaid Pregnant Women and Children
Program. The measure also passed the Senate in March.
(ENACTED)
In April, INDIANA Gov. Mitch Daniels (R) signed legislation
that directs the state to apply to for a federal waiver to expand
eligibility for Medicaid-funded family planning services to women
for two years following a Medicaid-funded delivery. The measure
specifically excludes coverage of contraceptives “intended to terminate
a pregnancy after fertilization” in a clear attempt by the measure's
supporters to exclude coverage of emergency contraception (and potentially
other hormonal methods that could act after fertilization). The
measure passed the Senate in February
and the House in March.
It went into effect when signed.
In
May, the TEXAS legislature passed a measure that would
require the state to apply for a waiver from the federal government
to expand eligibility for Medicaid-covered family planning services
to include women aged 18–64 who have an income of up to 185% of
the federal poverty level and participate in another public assistance
program. The program would exclude services or information related
to emergency contraception, emphasize sexual abstinence for unmarried
women and prohibit participation by, or referrals to, abortion providers
or affiliated entities. The measure is awaiting action by Gov. Rick
Perry (R).
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PREGNANCY
& BIRTH
See also:
REFUSAL
CLAUSES
Introduced: 29 states
States with further action
Committee
action: NE
Passed
at least one chamber: AL, AK, FL, IL, KS and OR
Enacted:
AZ, FL, ME, MD, OK and WV
In April,
the ALABAMA House passed a measure that would include a fetus as
a “person” for purposes of the state's criminal homicide and assault
codes. The bill includes an exemption for standard medical care
and abortions. Since the legislature has adjourned its regular session,
no further action is expected.
In
May, the ALASKA Senate passed legislation that would create
the crimes of murder, manslaughter, criminally negligent homicide
and assault of an unborn child. Since the legislature has adjourned
its regular session, no further action is expected.
(ENACTED)
In April, ARIZONA Gov. Janet Napolitano (D)
signed into law a measure amending the state's criminal code to
consider a fetus as a person for purposes of the state's murder,
negligent homicide and manslaughter codes. The new law will take
effect in August.
In
May, the FLORIDA legislature passed a measure that would
define a viable fetus as an independent victim in cases of vehicular
manslaughter committed while under the influence of alcohol or drugs.
The measure exempts actions taken by the pregnant woman. Passed
the House and Senate in April,
the measure is awaiting the Gov. Jeb Bush's signature.
In April,
the ILLINOIS House passed a measure that would make battery of a
viable fetus a separate criminal category. The measure would exempt
abortions and other medical procedures. It is awaiting action by
the Senate.
In March,
the KANSAS House of Representatives passed legislation that would
define the terms “person” and “human being” under the Kansas criminal
code to include an unborn child at any stage of development. Exceptions
would include actions taken by the pregnant woman, medical procedures
(including an abortion) performed with the pregnant woman's consent
and lawfully prescribed and administered drugs. The measure is awaiting
action in the Senate.
(ENACTED)
In May, the MAINE legislature passed, and
Gov. John Baldacci (D) signed into law, a measure that establishes
higher penalties for homicides when the victim was pregnant and
creates a panel dedicated to collecting statistics concerning domestic
abuse, especially as it relates to pregnant victims. The measure
will go into effect in the fall.
In
May, MARYLAND Gov. Robert Ehrlich (R) signed into law a
measure that would create the crime of fetal homicide for viable
fetuses, while declaring that it is not establishing fetal personhood.
The bill includes exemptions for medical services and any actions
taken by a pregnant woman. The measure passed the House in March
and the Senate in April, and is effective in October.
(ENACTED)
In May, OKLAHOMA Gov. Brad Henry (D) signed
into law a measure that will allow a fetus to be considered a victim
for purposes of the state's assault statutes. The measure includes
exceptions for legal abortions, medical procedures and actions taken
by the pregnant woman. The bill goes on to address abortion counseling
and waiting periods, and also parental notification for abortion.
The measure's parental involvement section is being challenged in
court, but is in effect for the time being.
In
May, the OREGON House passed a measure that would expand
definitions of criminal homicide and assault to include harming
an unborn fetus. The measure, which includes exemptions for lawful
abortions and any actions taken by the pregnant woman, is awaiting
passage in the Senate.
(ENACTED)
In March, the WEST VIRGINIA House passed, and the Gov. Joe Manchin
(D) signed into law, a measure ensuring that a woman and her fetus
would constitute two separate victims under the state's homicide,
manslaughter and assault statutes. The bill includes exceptions
for abortion, medical care, legal medical research and acts committed
in defense of the pregnant woman or by the woman herself. The measure
passed the Senate in February
and will go into effect in July.
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HIV
Testing of Infants and Pregnant Women
Introduced: 5 states
States with further Action
Passed
at least one chamber: FL and OR
In
May, the FLORIDA House adopted a measure that would require
that a pregnant woman be informed both that an HIV the test will
be performed and that she has a right to refuse. The measure would
also require physicians to report infants that are exposed to HIV.
The measure passed the Senate in April and is awaiting action by
Gov. Jeb Bush (R).
In
May, the OREGON House adopted a measure that would allow
physicians to administer HIV tests without informing a pregnant
woman of the option to refuse testing. The measure is awaiting action
in the Senate.
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Introduced: 11 states
States with further action
Committee
action: MO, MT, NY and TX
Passed
at least one chamber: HI and VT
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.
In April,
the VERMONT Senate adopted a measure that provides immunity to a
person who leaves an infant younger than 30 days of age with an
employee or volunteer of a fire station, police station, health
care facility, church that the person leaving the infant attends,
or through the 911 emergency system. The bill is awaiting consideration
by the House.
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Infertility
Coverage
Introduced: 13 states
States with further action
Committee
action: IL, MD and NH
Passed
at least one chamber: CT
In
May, the CONNECTICUT Senate passed a measure that would
require health insurance plans to cover medically necessary infertility
diagnosis and treatment. Religious employers that fit the federal
definition of a qualified church organization or are a "church-affiliated
organization" would be able to opt out of the coverage; employees
would receive written notice that their plan does not include the
coverage. The requirement would apply to plans issued after October
1, 2005. The measure is awaiting action by the House.
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Introduced: 15 states
States with further action
Committee
action: MN and TN
Passed
at least one chamber: AR, LA and NV
Enacted:
AR and CO
Click
here for current status of state policy
(ENACTED)
In March, ARKANSAS addressed two measures concerning substance
abuse during pregnancy. Gov. Mike Huckabee (R) signed a measure
that amends the definition of child neglect to include newborns
that test positive for an illegal drug or have a health problem
caused by prenatal substance abuse. The law does not require the
woman to give consent to medical tests for herself or her infant
if needed to determine whether abuse has occurred. The law went
into effect when signed. Also in March, the Senate approved a separate
measure that would require health care professionals to report to
the Department of Human Services if an infant is affected by illegal
substances or exhibits withdrawal symptoms; the report would include
info rmation that specifically identifies the woman and the infant.
The bill is awaiting consideration by the House.
(ENACTED)
In May, COLORADO Gov. Bill Owns (R)
signed legislation that will allow a newborn's testing positive
for controlled substances to be considered evidence of child neglect,
unless the drugs had been prescribed for the woman. The measure
passed the Senate in March
and the House in February.
It goes into effect in July.
In
May, the LOUISIANA Senate adopted a bill that would expand
the definition of child neglect to include prenatal substance abuse.
Health care providers would be required to report to the state when
a newborn is affected by prenatal drug use. The measure is awaiting
action in the House.
In
May, the NEVADA Assembly adopted a measure that would amend
the state's child abuse statutes to require health professionals
and anyone who reasonably believes an infant has been harmed to
report to the state when an infant shows signs of withdrawal or
indications of prenatal substance abuse. The measure would also
establish that prenatal substance abuse may be a reason to remove
the infant from the parent. Current law considers prenatal substance
abuse as a reason to remove a child. The Senate passed the bill
in April, and measure is
being considered by a conference committee.
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REFUSAL
CLAUSES
Allowing Health Professionals
to Refuse:
Introduced: 13 states
States with further action
Committee
action: SD
Passed
at least one chamber: OK
Vetoed:
AZ
Click
here for current status of state policy
In April,
ARIZONA Gov. Janet Napolitano (D) vetoed a measure that would have
allowed a pharmacy, an institution or an individual medical provider
to refuse to participate in or provide abortion or emergency contraceptives
because of moral or religious objections. The measure passed the
House in February and the
Senate in April.
In March,
the OKLAHOMA House passed a bill that would allow individual health
care providers and university and community hospitals to refuse
to perform abortions, sterilizations and procedures related to fetal
or embryo research. The measure would also reinstitute the state's
ban on abortion, except in cases of life endangerment, if Roe
v Wade is overturned by the U.S. Supreme Court. Since the
legislature adjourned its regular session, further action is not
expected.
Allowing
Insurers to Refuse:
Introduced: 7 states
States with further action
Committee
action: SD
Click
here for current status of state policy
Allowing
Pharmacists to Refuse:
Introduced: 10 states
States with further action
Committee
action: GA, SD, TN and TX
Vetoed:
AZ
Click
here for current status of state policy
(See
Allowing Health Professionals to Refuse for AZ.)
Allowing Facilities to
Refuse:
Introduced: 9 states
States with further action
Committee
action: SD
Passed
at least one chamber: AZ
Click
here for current status of state policy
(See
Allowing Health Professionals to Refuse for AZ and OK.)
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Allowing Health Professionals
to Refuse:
Introduced: 11 states
States with further action
Committee
action: SD
Passed
at least one chamber: OR and TX
Vetoed:
AZ
Click
here for current status of state policy
In April,
ARIZONA Gov. Janet Napolitano (D) vetoed a measure that would have
allowed a pharmacy, an institution or an individual medical provider
to refuse to participate in or provide abortion or emergency contraceptives
because of moral or religious objections. The measure passed the
House in February and the
Senate in April.
In March,
the OREGON Senate passed a measure would allow medical professionals
to refuse to provide contraceptive-related services and requires
that the patient must be notified of the objection. The provision
is contained in legislation that would establish a contraceptive
coverage mandate that would require insurance plans that cover prescription
drugs to also cover all FDA-approved contraceptive drugs and devices,
as well as related outpatient medical services. The measure is awaiting
consideration by the House.
In
May, the TEXAS legislature passed a measure that would
require that women who have been sexually assaulted be given information
on STD treatment and pregnancy prevention methods, presumably including
emergency contraception.. A health care provider may refuse to provide
this information if the refusal is based on ethical or religious
grounds; however, another health care provider at the facility must
give the woman the information. The measure is awaiting action by
Gov. Rick Perry (R).
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Allowing Pharmacists
to Refuse:
Introduced: 13 states
States with further action
Committee
action: GA, SD, TN and TX
Vetoed:
AZ
Click
here for current status of state policy
(See
Allowing Health Professionals to Refuse for AZ.)
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Allowing Health Professionals
to Refuse:
Introduced: 8 states
States with further action
Committee
action: SD
Click
here for current status of state policy
Allowing Insurers to
Refuse:
Introduced: 7 states
States with further action
Committee
action: SD
Click
here for current status of state policy
Allowing Pharmacists
to Refuse:
Introduced: 8 states
States with further action
Committee
action: SD
Click
here for current status of state policy
Allowing Facilities to
Refuse:
Introduced: 9 states
States with further action
Committee
action: SD and TN
Click
here for current status of state policy
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YOUTH
See also:
ABORTION: Parental Involvement
CONTRACEPTION & PREVENTION: Parental Involvement
Introduced: 4 states
States with further action
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