Monthly State Update:
MAJOR DEVELOPMENTS IN 2005
(as of 10/1/2005)
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 October, legislatures in 8 states (IL, MA, MI, NJ,
NY, OH, PA and WI) were in regular session. The legislatures
in 42 states (AL, AK, AR, AZ, CA, CO, CT, DE, FL, GA, HI, ID, IN,
IA, KS, KY, LA, ME, MD, MN, MS, MO, MT, NE, NV, NH, NM, NC, ND,
OK, OR, RI, SC, SD, TN, TX, UT, VT, VA, WA, WV and WY) have adjourned
their regular sessions.
Jump to actions around:
Abortion
Abortion Bans to Replace Roe
'Choose
Life' License Plates
Crisis
Pregnancy Centers/Alternatives to Abortion
Fetal
Pain
Mandatory Counseling and Waiting Periods
Minors
Reporting
Parental Involvement
'Partial-Birth' Abortion
Physician-Only Requirements
Postviability Abortion
Private Insurance Coverage of Abortion
Protecting Access to Clinics
Provider
Hospital Requirements
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
September, a US District Court judge in MICHIGAN found
the state's 2004 Legal Birth Definition Act unconstitutional. The
law, which had been enjoined since March, defined a legal birth
as when any part of a fetus was outside the womb. District Judge
Denise Page Hood found the law, which claimed to target “partial-birth”
abortions, confusing, vague and an undue burden on a woman's right
to choose. The decision is yet to be appealed.
In March,
the OKLAHOMA House of Representatives approved a measure designed
to make abortion illegal in the state if the Supreme Court were
to overturn Roe v. Wade. Since the legislature has adjourned
its regular session, further action is not expected.
In April,
the SOUTH CAROLINA House passed a measure that would guarantee that
the rights of citizens, as conferred in the state constitution,
begin at fertilization. The measure specifies that it would not
affect the prescription of emergency contraceptives for victims
of sexual assault. Since the legislature has adjourned its regular
session, further action is not expected.
(ENACTED)
In March, Gov. Mike Rounds (R), of SOUTH DAKOTA, signed legislation
that would make abortion illegal in the state, except when necessary
to save the life of the woman, if the Supreme Court were to overturn
Roe v. Wade. The measure was approved by the legislature
in February.
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'Choose
Life' License Plate Revenue Used to Fund Crisis Pregnancy Centers
Introduced: 10 states
States
with further action
Passed
at least one chamber: GA and MO
Enacted:
OH
Click
here for current status of state policy
In
September, U.S. District Judge Paul G. Rosenblatt upheld
the ARIZONA License Plate Commission's refusal to issue a specialty
“Choose Life” license plate. In September 2003, the Arizona Life
Coalition filed suit after the commission denied its application
for the specialty plate, claiming that the denial violated their
right to free speech and equal treatment under the law. The coalition
is appealing the decision.
In March,
the GEORGIA Senate passed a measure to create 'Choose
Life' and 'Adopt a Child' license plates. The bill is in the House.
Since the legislatures has adjourned its regular session, further
action is not expected.
In April,
a U.S. Court of Appeals panel reversed a lower court decision invalidating
LOUISIANA's 'Choose Life' license plates. The court found that the
case properly belongs in state, rather than federal, court and cleared
the way for the sale of the plates, which was authorized by the
state legislature in 1999.
In May,
the MISSOURI House removed several provisions from an
omnibus abortion bill, including a provision that would have created
a 'Respect Life' license plate, the proceeds from which would have
gone to a state alternatives-to-abortion fund. The House retained
provisions that would have funded crisis pregnancy centers, required
additional abortion reporting and imposed abortion-related restrictions
on state family planning funds, prohibited organizations that provide
abortion services from participating in sex education classes and
prohibited taking a minor across state lines to obtain an abortion.
The measure passed the Senate in April
but died at the end of the regular legislative session when the
House and Senate could not agree on the provisions. The legislature
will reconvene in September in a special session to address the
abortion-related issues in this bill.
(ENACTED)
In February, Gov. Bob Taft (R) of OHIO signed a law authorizing
the sale of 'Choose Life' license plates. Proceeds from the sale
of the plates would be used to fund nonprofit organizations that
encourage pregnant woman to choose adoption; funds could not be
distributed to agencies with ties to organizations that provide
abortion services or referrals.
In January,
the U.S. Supreme Court declined to review a lower court decision
invalidating SOUTH CAROLINA'S 'Choose Life' license plate program.
The effort was established in 2001 and blocked later that year when
Planned Parenthood of South Carolina filed suit, claiming that the
program violates the First Amendment by denying abortion rights
supporters an equal opportunity to express their views. The state
now may either eliminate the specialty plates or offer one with
a prochoice message.
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Crisis
Pregnancy Centers/Alternatives to Abortion
Introduced: 8 states
States with further action
Passed
at least one chamber: OK
Enacted:
KS, MN, MO, ND, OH, PA and TX
In
September, Gov. Jeb Bush (R) of FLORIDA began accepting
bids for a $2 million state-sponsored antiabortion contract to provide
pregnancy crisis counseling. The effort will establish a toll-free
hotline directing pregnant women exclusively to local service providers
who do not provide abortions. Agencies that promote abortion or
provide referrals or counseling for abortion are ineligible to participate.
(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.
(ENACTED)
In June, Gov. Matt Blunt (R) of MISSOURI signed an appropriations
bill allocating $1.3 million to organizations that provide education,
referral or counseling services that help women their pregnancies
to term. Organizations or affiliates of organizations that provide
abortion services, information or referrals are not eligible for
this money.
In May,
the MISSOURI House removed several provisions from an
omnibus abortion bill, but retained a provision relevant to crisis
pregnancy centers. The bill would have allowed citizens to receive
a tax credit of up to 50% of the amount contributed to a 'pregnancy
resource center.' The House deleted a provisions that would have
created the Respect Life Commission, which would have been responsible
for distributing grants from the state alternatives-to-abortion
fund and coordinating public education efforts on so-called respecting
life issues. The House kept provisions that would have restricted
state family planning funds, required additional abortion reporting,
prohibited organizations that provide abortion services from participating
in sex education classes and prohibited taking a minor across state
lines to obtain an abortion. The measure passed the Senate in
April but died at the end of regular legislative session when
the House and Senate could not agree on the provisions. The legislature
will reconvene in September in a special session to address these
abortion-related issues.
(ENACTED)
In 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.
(ENACTED)
In June, OHIO Gov. Bob Taft (R) signed the
state's budget. The bill establishes the Choose Life Fund to be
paid for by the sale of 'Choose Life' license plates. The fund will
provide grants to nonprofit organizations that offer counseling,
information and referral services that help women carry their pregnancies
to term. Organizations that provide abortion-related services are
not eligible for the grants.
In April,
each house of the OKLAHOMA legislature passed a measure that would
require the state to provide information, through printed materials
and the Internet, on organizations and services to assist a woman
through pregnancy. The bill also addresses abortion counseling and
waiting periods, abortion reporting and fetal assault; the Senate-passed
measure also includes parental notification for abortion.
Since the legislature has adjourned its regular session, no further
action is expected.
(ENACTED)
In July, Gov. Ed Rendell (D) of PENNSYLVANIA signed a budget bill
that appropriates $4.4 million to organizations that provide alternatives-to-abortion
services. Organizations that provide abortion counseling, referrals
or procedures are not eligible for these funds. The bill, which
also passed the legislature in July, also provides funds for family
planning.
(ENACTED)
In June, TEXAS Gov. Rick Perry (R) signed the state's budget,
which includes several provisions related to family planning. The
measure will continue the state's policy of blocking organizations
that provide abortion services from receiving family planning funds.
Of the funds identified for family planning serivces, $2.5 million
will toward "alternatives to abortion" efforts. The measure
passed both chambers of the legislature in May. It goes into effect
in September.
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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: VA and WI
Enacted:
AR, GA and MN
(ENACTED)
In April, ARKANSAS Gov. Mike Huckabee (R) signed a bill amending
the state's existing counseling law to require that, except in medical
emergencies, women seeking an abortion who are at least 20 weeks
pregnant must be told about the availability of anesthesia that
can be administered directly to the fetus to help eliminate pain.
The woman must also be given printed materials containing a specific
statement that at 20 weeks' gestation "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.
(ENACTED)
In July, the legislature passed, and Gov. Tim Pawlenty (R)
of MINNESOTA signed, a budget bill that amends the state's current
abortion counseling law to require that after 20 weeks gestation
a woman be told whether there is anesthesia available that could
alleviate the pain that may be caused to the fetus by the abortion.
If the woman consents to the administration of the anesthetic, the
physician must provide it or arrange to have it provided.
In
February, a measure that would require physicians to inform women
that a fetus may feel pain was passed by the VIRGINIA General Assembly,
but died at the committee level in the Senate. The measure would
have amended the state's current counseling laws to require abortion
providers to give women printed materials stating that at 20 weeks
gestation "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.
In
September, the WISCONSIN Senate passed a bill that would
amend the state's current counseling law to require that a woman
having an abortion after at least 20 weeks gestation be told that
the fetus may be able to feel pain. In addition, the woman would
be given the option to have anesthesia administered directly to
the fetus. The bill is now pending in the House.
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Women
Required to Receive State-Directed Counseling:
Introduced: 20 states
States with further action
Committee
action: CA, CO, MT and TX
Passed
at least one chamber: MI and VA
Enacted:
IN
Click
here for current status of state policy
(ENACTED)
In April, INDIANA Gov. Mitch Daniels (R)
signed a measure that amends the state's existing counseling law
to require practitioners to inform women seeking an abortion of
the availability of ultrasound imaging and give women the option
to view ultrasound images before undergoing the procedure. The bill
passed the legislature in March
and will go into effect in July.
In May,
the MICHIGAN House of Representatives passed a bill that would amend
current counseling laws to require a physician to perform an ultrasound
on the patient at least 24 hours before performing an abortion and
give her the opportunity to view the ultrasound image and receive
a hard copy of it. The measure is awaiting action in the Senate.
In
September, a federal District Court judge ruled that OHIO's
parental consent law, which also includes a 24-hour waiting period
for all abortions, is constitutional. The decision was immediately
appealed to the US 6th Circuit Court of Appeals, and the law was
again temporarily enjoined. Opponents of the law contend that the
waiting period constitutes an undue burden, especially for poor
and young women.
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: MN
Enacted:
AR, GA, LA, OK and SD
Click
here for current status of state policy
(ENACTED)
In April, ARKANSAS Gov. Mike Huckabee (R) signed a bill
amending the state's existing counseling law to require that, except
in medical emergencies, women seeking an abortion who are at least
20 weeks pregnant must be told about the availability of anesthesia
that can be administered directly to the fetus to help eliminate
pain. The woman must also be given printed materials containing
a specific statement that at 20 weeks' gestation “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.
(ENACTED)
In July, the Gov. Kathleen Blanco (D) of LOUISIANA signed
a bill that amends the current counseling and waiting period law
to allow a woman having an abortion because of rape or incest to
forgo the required 24-hour waiting period after receiving the state's
info rmed consent materials. The bill also allows a woman to request
spiritual counseling before an abortion . The bill
passed the legislature in June.
In May, the MICHIGAN
House of Representatives passed a bill that would amend current
counseling laws to require a physician to perform an ultrasound
on the patient at least 24 hours before performing an abortion and
give her the opportunity to view the ultrasound image and receive
a hard copy of it. The measure is awaiting action in the Senate.
(ENACTED)
In May, OKLAHOMA Gov. Brad Henry (D) signed a measure that
requires a woman to receive state-directed counseling at least 24
hours before obtaining an abortion. The counseling materials must
include the physician's name, the developmental stage of the fetus
and a list of organizations able to provide support should the woman
decide to carry the pregnancy to term. Women must certify in writing,
prior to the abortion, that they have received this information.
The bill also calls for the information to be printed by the state
and maintained on the state's Web site. The state's medical board
must develop guidelines for providers on reporting the number of
women receiving the information. The measure also includes provisions
requiring parental notice before a minor obtains an abortion, and
allowing a fetus to be considered a victim under the state's assault
statutes. It passed the legislature in April.
The measure's parental involvement section is being challenged in
court, but is in effect for the time being.
In June,
U.S. District Court Judge Karen Schreier enjoined SOUTH DAKOTA's
newly amended state-directed counseling and waiting period law.
The law was scheduled to go into effect on July 1 and would have
required that women be given specific information alleging an increased
risk of depression, psychological distress and suicide following
abortion. Women would have also been informed that the abortion
will “terminate the life of a whole, separate, unique, living human
being.” While state law had previously required that women be counseled
orally 24 hours before an abortion, the new measure would have required
that they must also receive written materials at least two hours
before the procedure. The law was approved by the legislature in
February and signed by Gov.
Mike Rounds (R) in March.
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Minors
Reporting Requirements
Introduced: 11 states
States with further action
Committee
action: NM
Passed
at least one chamber: IA, MN, OK, OR, TX and WV
Enacted:
AR, FL, GA and ID
(ENACTED)
In March, ARKANSAS Gov. Mike Huckabee (R) signed legislation
requiring doctors to obtain parental consent before performing an
abortion on a minor. The physician must report whether consent was
required, how it was obtained or whether it was waived because of
a medical emergency or because a judicial bypass was granted. In
February, the House and Senate approved the measure, which replaces
the state's previous parental notification requirement; it will
take effect in early June.
In June,
CALIFORNIA Governor Arnold Schwarzenegger (R) issued a proclamation
calling for a statewide general election to be held this coming
November. Included on the ballot will be a proposed constitutional
amendment to require parental involvement in minors' abortions.
Abortion providers would have to report all abortions performed
on minors and the state would compile those statistics. The state
constitutional amendment would also require a physician to give
48 hours' notice to one parent before performing an abortion
on a minor. The parent would be able to waive such notice in writing,
or notice could be waived in the case of a medical emergency or
judicial bypass.
(ENACTED)
In May, the FLORIDA Senate passed, and Gov. Jeb Bush (R) signed
into law, a measure requiring courts to report the number of times
they are requested to waive parental notice and the outcome of each
case. The reports will be made to the governor, speaker of the House
and president of the Senate once a year. The bill also requires
parental notification before a minor obtains an abortion, unless
a judicial bypass is obtained or a medical emergency exists. A similar
measure passed the Senate but was discarded after the current bill
provided for a more accessible and expedient judicial bypass option.
This measure passed the House in April and is effective in July.
(ENACTED)
In May, GEORGIA Gov. Sonny Perdue (R) signed into law a measure
that requires physicians to file annual reports with the Department
of Human Resources on abortions performed on minors. The reports
will include information on the number of cases in which parental
notice was given and on how often notice was waived, either because
of a court order or a medical emergency. The Department will publish
an annual report that hides the identity of the minors. The measure
also closes what was portrayed as a loophole that could have allowed
adults other than the minor's parents or guardian to receive notice
on the parent's behalf, and establishes counseling and waiting period
requirements before a woman obtains an abortion. The measure passed
the House in February and the Senate in March,
and is now in effect.
(ENACTED)
In April, IDAHO Governor Dirk Kempthorne (R) signed legislation
amending the state's parental consent law that had been ruled unconstitutional
in 2004. The new parental consent law includes reporting requirements
specific to minors. Abortion providers must report to the
Department of Health if consent from a parent was received, waived
by a judicial bypass or not obtained because of a medical emergency.
In March, both chambers of the state legislator passed the bill
which is in effect.
In March,
the IOWA House of Representatives passed a bill that would require
a health care provider performing an abortion on a minor to record
whether the parents were notified, whether the notification requirement
was waived by the juvenile court or whether and why the notification
requirement was inapplicable in that case. The measure would require
that all reporting be done in such a way that the names of the patients,
health care professionals, court officials and judges remain anonymous.
Since the legislature has adjourned its regular session, no further
action is expected.
In 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.
Since the legislature has adjourned further action on the measure
is not expected.
In May,
the TEXAS Senate passed a measure that would have required courts
to report information on the number of judicial bypass petitions
received, the outcome of each petition and general information concerning
each minor to the Office of the Court Administration. The measure
died in the House.
In March,
the WEST VIRGINIA Senate passed a measure that would amend the state's
parental notification law to require physicians and judges to report
abortions performed on minors to the Department of Health. Physicians
would be required to provide information on whether and how notification
was delivered and whether notice was waived because of medical emergency
or judicial bypass. Judges would be required to notify the department
of the number of judicial waivers sought and the outcome for each
case. The department would publish a yearly report that would hide
the identity of the minors. The measure would also require that
parents be notified 48 hours before the procedure (existing law
requires 24 hours' advance notice). Since the legislature has adjourned
its regular session, futher action is not expected.
Return
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Parental
Consent Requirements:
Introduced: 15 states
States with further action
Enacted:
AR, ID, MO and TX
Click
here for current status of state policy
(ENACTED) In March, ARKANSAS Gov. Mike Huckabee (R)
signed legislation requiring doctors to obtain parental consent
before performing an abortion. It also establishes a judicial bypass
procedure and includes an exception when an abortion is necessary
to preserve the health of the minor. In February,
the House and Senate approved the measure, which replaces the state's
previous parental notification requirement; it will take effect
in early June.
In July,
an IDAHO district court judge temporarily enjoined that
state's recently enacted parental consent law. The law, which became
effective in April, was
enjoined because the judge found that the judicial bypass option
did not provide a guaranteed confidential alternative to parental
consent and could discourage mature teens from seeking abortions
when medically necessary. This is the state's third attempt to pass
a constitutional parental consent law.
In
September, the MISSOURI legislature was called into special
session by Gov. Matt Blunt (R) for the express purpose of enacting
legislation dealing with abortion. A measure adopted by the legislature
and signed into law by the governor will prohibit anyone from helping
a minor receive an abortion out of state in order to circumvent
parental involvement laws. The measure, which also requires an abortion
provider to have admitting privileges at a hospital within 30 miles
of the clinic, was immediately challenged in both state and federal
courts and has been temporarily enjoined in both.
(ENACTED)
In June, TEXAS Governor Rick Perry (R) signed into law
a measure that will require a physician to obtain written consent
from one parent before performing an abortion on a minor. Consent
could be waived in the case of a medical emergency or judicial bypass.
The measure will also prohibit third-trimester abortions of a viable
fetus, except in cases where the life of the woman is endangered,
the woman will otherwise suffer imminent severe brain damage or
paralysis, or the fetus has severe, irreversible brain impairment.
The measure passed both chambers in May
and goes into effect in September.
Parental Notification
Requirements:
Introduced: 21 states
States with further action
Committee
action: IL and NM
Passed
at least one chamber: MT, OR and WV
Enacted:
FL, GA, OK and SD
Click
here for current status of state policy
In June,
CALIFORNIA Governor Arnold Schwarzenegger (R) issued a proclamation
calling for a statewide general election to be held this coming
November. Included on the ballot will be a proposed constitutional
amendment requiring parental involvement in minors' abortions. The
state constitutional amendment would require a physician to give
48 hours' notice to one parent before performing an abortion on
a minor. The parent would be able to waive such notice in writing,
or notice could be waived in the case of a medical emergency or
judicial bypass. The measure would also require abortion providers
to report all abortions performed on minors, and the state would
compile those statistics.
(ENACTED)
In May, the FLORIDA Senate passed, and Gov. Jeb Bush (R) signed
into law, a measure requiring parental notice before an abortion
is performed on a minor. The physician would be required to give
48 hours' notice to one parent, either in person or via certified
mail. The notice requirement could be waived in the case of a medical
emergency, if the minor is married, already has a child or obtains
a judicial bypass. The measure also requires courts to report the
number of bypass petitions they receive and the outcome of each
case. A similar measure passed the Senate, but was dropped. This
measure passed the House in April
and is effective in July.
In July,
a federal judge refused to temporarily enjoin FLORIDA's
recently enacted parental notification law, which went into effect
in June. U.S. District
Court Judge William Stafford said the opponents of the law did not
prove they have a good chance of winning the case, the prerequisite
for a temporary injunction. Opponents' request for a permanent injunction
will be heard later this year.
(ENACTED)
In May, GEORGIA Governor Sonny Perdue (R) signed into law a
measure amending the state's existing parental notification law.
The new law closes a perceived loophole that could have allowed
adults other than a parent or guardian to receive notice. The measure
also requires physicians to file reports on abortions performed
on minors and establishes counseling and waiting period requirements
before a woman obtains an abortion. The measure passed the House
in February and the Senate
in March, and is in effect.
In February,
the MONTANA House approved an amendment to the state's current parental
notification law. The measure would give judges greater discretion
in deciding when to bypass the notification requirement by allowing
them to waive notice if the minor were "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.
In July,
the 10th U.S. Circuit Court of Appeals for OKLAHOMA upheld
a lower court's ruling that allows a recently enacted parental notification
to remain in effect. The three judge panel decided that the law
did not pose a significant health risk to teenagers and could withstand
constitutional scrutiny.
In May, the OREGON
House passed a measure requiring that a physician give 48 hours'
notice to one parent before performing an abortion on a minor, except
when a medical emergency exists or a judicial bypass is granted.
The parent may waive the 48-hour waiting period in person.
The measure would also require the courts to report on the number
of bypass petitions filed and the outcome of each petition. Since
the legislature has adjourned its regular session, further action
is not expected.
(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 so-called partial-birth
abortions except in rare circumstances. The measure would allow
the procedure only if a second, unaffiliated physician certifies
that it is necessary to save a woman's life or prevent major physical
impairment. Abortions using this procedure would have to be reported
to the Department of Health. Since the legislature has adjourned
it regular session, further action is not expected.
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Physician-Only
Requirements
Introduced: 10 states
States with further action
Passed
as least one chamber: OK
Enacted:
MT
(ENACTED)
In April, Gov. Brian Schweitzer (D) of MONTANA signed
a law permitting physician assistants to provide abortion services.
The measure repeals the state's existing physician-only law that
has not been in effect since it was ruled unconstitutional by the
state Supreme Court in 1999. The bill passed the legislature in
March and becomes effective
in October.
In March,
the OKLAHOMA House of Representatives passed a bill that would make
it illegal for anyone who is not a physician to prescribe mifepristone
(RU-486). The bill would also require that physicians prescribing
mifepristone perform follow-up exams on their patients and report
any resulting complications. Since the legislature has adjourned
its regular session, further action is not expected.
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Introduced: 6 states
Enacted:
TX
Click
here for current status of state policy
(ENACTED)
In June, TEXAS Governor Rick Perry (R) signed into law a measure
that will prohibit third-trimester abortions on a viable fetus,
except when the life of the woman is endangered, the woman will
otherwise suffer imminent severe brain damage or paralysis, or the
fetus has severe, irreversible brain impairment. The measure will
also mandate parental consent for minors seeking an abortion. The
measure passed the House and Senate in May and goes into effect
in September.
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Introduced: 10 states
Click
here for current status of state policy
Return
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Introduced: 4 states
States with further action
Committee
action: UT
Enacted:
MT
Click
here for current status of state policy
In April,
the U.S. Supreme Court refused to hear an appeal of a lower court
ruling upholding MASSACHUSETT'S clinic access law. The law, which
passed in 2000, mandates a six-foot buffer zone around people within
18 feet of clinic entrances and prohibits interacting with clinic
visitors or staff for the purpose of counseling or protesting within
this designated area.
(ENACTED)
In April, MONTANA Gov. Brian Schweitzer (D) signed a law making
it illegal to knowingly obstruct or hinder entry to or exit from
a health care facility, including a physician's office. The measure
prohibits anyone from coming within eight feet of a person near
the facility to provide info rmation, distribute materials or protest
abortion without that person's consent. The measure passed the legislature
in February and becomes effective
in October.
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Provider
Hospital Requirements
States with further action
Enacted:
MO
In
September, a special session of the MISSOURI legislature
passed, and Gov. Matt Blunt (R) signed, a law that requires abortion
providers to have admitting privileges at a hospital within 30 miles
of where they perform an abortion. The law also includes regulations
for judicial bypass and prohibits anyone from taking a minor across
state lines for an abortion. The new law is not in effect pending
the resolution of a court challenge.
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Introduced: 5 states
Passed
at least one chamber: NY
Click
here for current status of state policy
In June,
the NEW YORK Senate passed a bill that would prohibit Medicaid from
paying for abortion, except in cases of rape or incest when the
incident has been reported to the authorities or when the life of
the mother is endangered. The bill is now awaiting action from the
Assembly.
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Reporting
Statistical Information to State Agencies
Introduced: 10 states
States with further action
Committee
action: MN
Passed
at least one chamber: AR and MO
Click
here for current status of state policy
In April,
the ARKANSAS House passed a measure that would require physicians
to report the occurrence of “partial-birth” abortions to the state
Department of Health. Since the legislature has adjourned its regular
session, further action is not expected.
In May,
the MISSOURI House removed several provisions from an omnibus abortion
bill, including a provision that would have expanded existing state
abortion reporting requirements to include information on the procedure,
the specific reason the woman was having the abortion and whether
she had been using any method of contraception when she became pregnant.
The House retained provisions that would have funded crisis pregnancy
centers, restricted state family planning funds, prohibited organizations
that provide abortion services from participating in sex education
classes and prohibited taking a minor across state lines to obtain
an abortion. The measure passed the Senate in April
but died at the end of regular legislative session when the House
and Senate could not agree on the provisions. The legislature will
reconvene in September in a special session to address these abortion-related
issues.
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Introduced: 35 states
States with further action
Committee
action: IL, MO, MN and NY
Passed
at least one chamber: AZ, HI, LA, MD, MS, WA and WI
Enacted:
AZ, CT, IN, MA and VA
Vetoed:
OH
(ENACTED)
In April, the ARIZONA House passed, and Gov. Janet Napolitano
(D) signed, a measure creating a fact-finding board to explore issues
related to stem cell research and provide advice on how it may be
regulated on a statewide level. The panel will report back to the
legislature in the fall of 2005 and again in the fall of 2006. The
law passed the Senate in March;
it takes effect immediately.
(ENACTED)
In April, the ARIZONA Senate passed, and Gov. Janet Napolitano
(D) signed, a measure prohibiting the use of public money and institutions
for human cloning. Because the measure defines cloning as the process
of inserting the genetic material from one cell into another cell
that has had its nucleus removed, it would also have the effect
of prohibiting funding for therapeutic embryo research that uses
this process. The bill passed the House in February;
it will take effect in August.
(ENACTED)
In June, CONNECTICUT Governor Jodi Rell (R) signed into law
a measure that bans reproductive cloning while setting conditions
for stem cell research in the state. Under the measure, the state
will establish one panel to review potential research and another
panel to award grants based on the recommendations of the first
panel and to craft policies for stem cell research conducted in
the state. Money from the state's tobacco settlement will finance
a portion the Stem Cell Research Fund. The measure passed the legislature
in May and is in effect.
In June,
the DELAWARE Senate passed a measure to promote stem cell research
in the state and establish a stem cell advisory committee to develop
guidelines and publish research activity. While the measure would
also ban reproductive cloning, it would permit therapeutic cloning
of excess embryos from fertility treatments that were scheduled
for destruction anyways. The measure was scheduled for a vote in
the House, but was carried over to the next session in order to
allow for greater discussion. The House will hear testimony from
religious and medical groups in January 2006.
In May,
the HAWAII legislature approved two virtually identical measures
on stem cell research. The measures would charge the University
of Hawaii with examining the possible benefits and drawbacks of
encouraging stem cell research in the state and reporting back to
the legislature for the beginning of the 2006 legislative session.
Both measures passed an initial house in
April and are now awaiting the Gov. Linda Lingle's (R) signature.
(ENACTED)
In May, INDIANA Gov. Mitch Daniels (R) signed into law a measure
to prohibit human cloning and the use of public funds or facilities
for cloning research. The measure, which was passed by the Senate
in March and the House in
April, protects adult and fetal stem cell research, create a
center for adult stem cell research at Indiana University and charges
the Department of Health with examining the feasibility of creating
an embryo adoption bank to preserve embryos that would otherwise
be destroyed. The new law is in effect.
In May,
the LOUISIANA House passed a bill that would prohibit human reproductive
cloning and somatic cell nuclear transplantation. The measure, makes
exceptions for fertility treatments and stem cell research that
does not involve embryos. Since the legislature has adjourned its
regular session, no further action is expected.
In March,
the MARYLAND House passed a bill to establish the Maryland Stem
Cell Research Fund to support research on human embryos donated
from infertility treatments. The bill would also require that infertility
patients be given the full range of options when deciding on how
to dispose of unused embryos. The measure, which prohibits human
cloning, is in the Senate. Since the legislature has adjourned its
regular session, no further action is expected.
(ENACTED)
In May, the MASSACHUSETTS legislature overrode Gov. Mitt Romney's
(R) veto and enacted a measure to ban human reproductive cloning
while permitting stem cell research. The measure will establish
two separate panels, one to oversee research and issue permits,
and another to review programs and advise researchers. The measure
passed the Senate in March
and the House in April and
is now in effect.
In February,
the MISSISSIPPI Senate passed a measure that would prohibit human
cloning in the state. The bill defined cloning as the introduction
of human genetic material into a cell that has had its nucleus removed
in order to produce a human or mostly human organism. (On March
1, the measure died in a committee in the House.)
(ENACTED)
In June, OHIO Gov. Bob Taft (R) signed the state's budget. However
he vetoed the provision that would have prohibited public funding
for stem cell research other than that which is currently permitted
by the Bush administration. Enacted provisions in the budget include
abortion-related restrictions on family planning funds and funding
for alternatives-to-abortion projects. The measure passed the House
in April and the Senate in June.
(ENACTED)
In March, VIRGINIA Gov. Mark Warner (D) signed legislation
establishing the Christopher Reeve Stem Cell Research Fund. While
the measure will fund adult stem cell research, funding for human
embryonic stem cell research is explicitly prohibited. In February,
the measure passed both chambers of the General Assembly. The new
law will be effective July 1, 2005.
In February,
a VIRGINIA Senate committee defeated a measure that would have prohibited
financial payment for acquiring or transferring tissue from an abortion.
The bill had been approved by the House earlier in the month. Since
the legislature has adjourned its regular session, no further action
is expected.
In April,
the WASHINGTON Senate defeated a measure that would have established
a stem cell advisory committee to address scientific and ethical
concerns related to the research. The bill passed the House in March.
In
September, the WISCONSIN Senate passed a measure that would
prohibit reproductive cloning, therapeutic cloning and acquiring
embryos created through any cloning process. It passed the Assembly
in June and Gov. Jim Doyle
(D) has said he will veto the measure.
In
September, the WISCONSIN Senate passed a measure that seeks
to increase umbilical cord blood donation in the state. The bill
would require primary care providers to notify pregnant women of
their option to donate cord blood. Providers with moral objections
would not have to comply. The measure has been sent to Gov.
Jim Doyle (D), who is expected to sign it.
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CONTRACEPTION
& PREVENTION
See also:
REFUSAL
CLAUSES
YOUTH: Child Abuse Reporting
Introduced: 11 states
States with further action
Passed
at least one chamber: MN, MO, PA and WI
Enacted:
OH, PA, TX
Click
here for current status of state policy
In July,
MINNESOTA Gov. Tim Pawlenty (R) signed the state's budget. This
bill excluded a provision that had been in the version of the measure
passed by the House in April
and would have prohibited using state family planning funds, directly
or indirectly, to pay for abortion services or to fund organizations
that either provide abortion services or consider abortion part
of the continuum of reproductive health services. The final budget
also excludes funding for crisis pregnancy centers and additional
abortion reporting requirements for minors that do not receive parental
consent, both of which had also been included in the House-passed
bill; the measure includes a provision on fetal pain.
In May,
the MISSOURI House removed several provisions from an omnibus abortion
bill, but retained a provision that would have prohibited organizations
that provide abortion services, including referrals, from receiving
public funds from the state, including federal dollars that passed
through the state's treasury. The House also kept provisions that
would have funded crisis pregnancy centers, required additional
abortion reporting, and prohibited organizations that provide abortion
services from participating in sex education classes. The bill also
retained the provision that would prohibit taking a minor across
state lines to obtain an abortion. The measure passed the Senate
in April but died at
the end of regular legislative session when the House and Senate
could not agree on the provisions. The legislature will reconvene
in September in a special session to address these abortion-related
issues.
(ENACTED)
In June, OHIO Gov. Bob Taft (R) signed the state's budget.
The bill will reenact the provisions detailing the use of the Women's
Health Services Fund. The fund may be used to pay for pelvic and
breast exams; cervical cancer screening; testing and treatment of
STDs, including HIV; contraceptives; patient education and pre-pregnancy
counseling on smoking, alcohol and drug use; education on sexual
coercion and violence; and prenatal care or referrals for prenatal
care. The fund may not be used for abortion provision, counseling
or referrals, except in cases of medical emergency. Organizations
receiving support from this fund must be physically and financially
separate from abortion providers. In allocating money from the Women's
Health Services Fund, preference will be given to local health departments,
although other organizations, including agencies that do not provide
contraceptive services, may apply. The governor also vetoed a provision
to restrict funding for stem cell research and approved a provision
to fund alternative-to-abortion projects. The measure passed the
House in April and the Senate in June. It goes into effect in July.
(ENACTED)
In July, PENNSYLVANIA Gov. Ed Rendell (D) signed the state's budget,
which includes restrictions on state family planning funds that
have been in place since 2002. These restrictions require agencies
(except for hospitals) that receive state family planning funds
to be financially and physically separate from organizations that
provide abortions or abortion-related services, but allow programs
funded through Title X to provide nondirective counseling and referral
services as required by federal law. The bill also provides funds
for alternatives to abortion. The bill passed the House in April
and the Senate in June.
(ENACTED)
In June, TEXAS Gov. Rick Perry (R) signed the state's budget,
which includes several provisions related to family planning. The
measure will continue the state's policy of blocking organizations
that provide abortion services from receiving family planning funds.
It will also continue the requirement that agencies obtaining state
funding must receive parental consent before providing minors with
prescription contraceptives. A separate provision will require the
state to apply to the federal government to expand eligibility for
Medicaid-covered family planning services. The measure passed both
chambers of the legislature in May. It goes into effect in September.
In July,
WISCONSIN Gov. Jim Doyle (D) line-item vetoed the state's budget.
Included in the veto was a provision that would have established
a priority system for the allocation of state family planning funds,
giving preference to local health departments and tribal health
centers. The budget passed the legislature in June.
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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. Since the legislature has adjourned its regular
session, further action is not expected.
(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
Enacted:
MA, NJ and TX
Vetoed:
CO
Click here for current status of state
policy
In April,
COLORADO Gov. Bill Owens (R) vetoed a measure that would have required
that a victim of sexual assault receive information about emergency
contraception and either the medication or a referral to a nearby
pharmacy when requested. If the woman was either already pregnant
or “not at risk of becoming pregnant as a result of the sexual assault,”
the hospital would not have been required to provide the medication.
Individual medical providers would have been allowed to refuse based
on their moral or religious beliefs. The measure passed the House
in January and the Senate in March.
In
September, the MASSACHUSETTS legislature overwhelmingly
overrode Gov. Mitt Romney's (R) veto of a measure to increase access
to emergency contraception. The new law requires hospitals and clinics
to offer medically accurate information on emergency contraception
and provide the medication, upon request, to women of childbearing
age who have been sexually assaulted. The measure also allows pharmacists
to provide emergency contraceptives to women without a physician's
prescription. The bill passed the legislature in June
and was vetoed in July. The
law goes into effect in December.
(ENACTED)
In March, Acting NEW JERSEY Gov. Dick Codey (D) signed a measure
requiring hospital emergency rooms to give medically accurate info
rmation about emergency contraception to women who have been sexually
assaulted, and to provide the medication to these women on request.
The new law does not require hospitals to provide emergency contraceptives
if contraindicated or if the woman is already pregnant. The measure,
which passed the Assembly last December and the Senate in February,
goes into effect in June.
(ENACTED)
In June, TEXAS Gov. Rick Perry (R) signed a measure that will
require that women who have been sexually assaulted be given information
on STD treatment and pregnancy prevention methods, presumably including
emergency contraception. A health care professional may refuse to
provide this information if the refusal is based on ethical or religious
grounds. However, another health care provider at the facility must
give the woman the information. The legislature passed the bill
in May. It goes into effect in September.
Allowing
Pharmacists to Provide Emergency Contraception without a Prescription:
Introduced: 8 states
States with further action
Committee
action: IL
Passed
at least one chamber: MD, OR and VT
Enacted:
MA and NH
Vetoed:
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
September, the MASSACHUSETTS legislature overwhelmingly
overrode Gov. Mitt Romney's (R) veto of a measure to increase access
to emergency contraception. The measure allows pharmacists to provide
emergency contraceptives to women without a physician's prescription.
It also requires hospitals and clinics to offer medically accurate
information on emergency contraception and provide the medication,
upon request, to women of childbearing age who have been sexually
assaulted. The bill passed the legislature in June
and was vetoed in July. The
law goes into effect in December.
(ENACTED)
In June, NEW HAMPSHIRE Gov. John Lynch (D) signed a measure
that will allow pharmacists to dispense emergency contraceptives
without a prescription if under the aegis of a collaborative practice
arrangement with a physician and under protocols developed by the
Board of Pharmacy. When dispensing emergency contraceptives, pharmacists
will be required to provide patients with a fact sheet on emergency
contraception developed by the board. The measure passed the Senate
in March and the House in May.
It goes into effect in August.
In August,
NEW YORK Gov. George Pataki (R) vetoed legislation that would have
allowed pharmacists and registered nurses to dispense emergency
contraceptives without a prescription if acting under the aegis
of an agreement with a physician, nurse practitioner or licensed
midwife. The pharmacist would have had to complete training
on emergency contraception and provide clients with a fact sheet
that would be developed by the state Department of Health. The Assembly
passed the same language in January .
An override of the veto is not expected.
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. Since the legislature has adjourned its regular
session, further action is not expected.
In May,
the VERMONT House passed a measure that would allow a pharmacist
to dispense emergency contraceptives as part of a collaborative
practice agreement with a physician or other person authorized to
prescribe drugs. The Department of Health and Board of Pharmacy
would be charged with developing standards for the agreements, dispensing
procedures for the pharmacist and the information that would be
given to the patient. A pharmacist entering into an agreement under
the measure would have to undergo training on emergency contraception
and sensitive communications. Since the legislature has adjourned
its regular session, no further action is expected.
Expanding
Access to Emergency Contraception:
Introduced: 8 states
States with further action
Committee action: MN
Passed
at least one chamber: HI
Click
here for current status of state policy
In May,
the HAWAII House concurred with Senate amendments and approved a
resolution that would require the state to develop and disseminate
materials on the availability of emergency contraception. The measure
passed the Senate in April.
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Restricting
Access to Emergency Contraception:
Introduced: 5 states
States with further action
Enacted:
AR, IN and TX
(ENACTED)
In April, ARKANSAS Gov. Mike Huckabee (R) signed legislation
mandating contraceptive coverage in private insurance but excluding
emergency contraception from the requirement. The measure passed
both chambers of the legislature in April and goes into effect in
June.
(ENACTED)
In April, INDIANA Gov. Mitch Daniels (R) signed legislation
that directs the state to apply to for a federal waiver to expand
eligibility for Medicaid-funded family planning services to women
for two years following a Medicaid-funded delivery. The measure
specifically excludes coverage of contraceptives “intended to terminate
a pregnancy after fertilization” in a clear attempt by the measure's
supporters to exclude coverage of emergency contraception (and potentially
other hormonal methods that could act after fertilization). The
measure passed the Senate in February
and the House in March.
It went into effect when signed.
(ENACTED)
In June, TEXAS Gov. Rick Perry (R) signed a measure directing
the state to apply for a waiver from the federal government to expand
eligibility for Medicaid-covered family planning services to include
women aged 18-64 who have an income of up to 185% of the federal
poverty level and participate in another public assistance program.
The program will exclude services or information related to emergency
contraception, emphasize sexual abstinence for unmarried women and
prohibit participation by, or referrals to, abortion providers or
affiliated entities. Both chambers of the legislature passed the
bill in May.
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Requiring
Pharmacists to Dispense Contraception
Introduced: 5 states
States with further action
Committee
action: NJ
Enacted:
CA and NV
(ENACTED)
In September, CALIFORNIA Gov. Arnold Schwarzenegger
(R) signed a bill that would allow a pharmacist who has a religious
or moral objection to dispensing specific medications to refuse,
but only if that refusal does not create an undue hardship on the
pharmacy. Nonetheless, the pharmacy must ensure that patients
can access their medications in a timely manner. The bill passed
the Senate in May
and the Assembly in September. It goes into effect in January.
In April,
ILLINOIS Gov. Rod Blagojevich (D) issued emergency rules that require
pharmacies in the state to dispense FDA-approved contraceptives.
If the pharmacy does not have the drug or a suitable substitute
in stock, then the pharmacy must order the medication through standard
procedures, transfer the prescription to another local pharmacy
or return the prescription to the patient. The emergency
rules will be in effect only for 150 days, after which the state
is expected to begin the normal rulemaking process in order to make
the requirement rule permanent.
(ENACTED)
In June, NEVADA Gov. Kenny Guinn (R) signed a measure that
will require a pharmacist to transfer any valid prescription when
requested by a patient. Pharmacists will not be required to transfer
prescriptions that were obtained fraudulently, that otherwise violate
a law or that are contraindicated. In May,
the Assembly passed a version of the measure that would have required
a pharmacist to dispense any valid prescription. The enacted version
passed the Senate and the Assembly in June. It goes into effect
in October.
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HPV
Introduced: 8 states
States with further action
Enacted:
MD, NM and TX
(ENACTED)
In May, MARYLAND Gov. Bob Ehrlich (R) signed a measure that will
require health insurance plans to cover HPV testing in accordance
with the recommendations of the American College of Obstetricians
and Gynecologists. The bill passed the Senate in March
and the House in April. It goes
into effect in October.
(ENACTED)
In April, NEW MEXICO Gov. Bill Richardson (D) signed legislation
that requires health insurance plans to include coverage of HPV
screening every three years for women 30 and older. Both chambers
of the legislature passed the measure in March;
it goes into effect in June.
(ENACTED)
In June, TEXAS Gov.Rick Perry (R) signed a measure that will
require health plans to cover cervical cancer screening for women
aged 18 and older. Both chambers of the legislature passed the bill
in May. It goes into effect in September.
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Introduced: 7 states
States with further action
Committee
action: MN and VA
Passed
at least one chamber: MS
Click
here for current status of state policy
In February,
the MISSISSIPPI Senate adopted a bill that would require minors
to obtain parental consent before receiving medical services, including
contraceptive services, at clinics run by the State Department of
Health. The only services exempted from the parental consent requirement
were treatment for sexually transmitted diseases and emergency care.
(On March 1, the measure died in a committee in the House.)
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State
Medicaid Family Planning Eligibility Expansions
Introduced: 5 states
States with further action
Passed
at least one chamber: ID
Enacted:
CT, IN and TX
Click
here for current status of state policy
(ENACTED)
In June, CONNECTICUT Gov. Jodi Rell (R) signed a measure directing
the state to apply for a waiver from the federal government to expand
eligibility for Medicaid-covered family planning services to adults
with a household income up to 185% of the federal poverty line.
The legislature passed the bill in May.
In March,
an IDAHO House committee defeated a measure that would have authorized
the state to apply to the federal government for a waiver to expand
eligibility for Medicaid-covered family planning services. This
expansion would have covered parents whose children are enrolled
in the state's SCHIP program and women aged 19 and older who get
medical services through the Medicaid Pregnant Women and Children
Program. The measure also passed the Senate in March.
(ENACTED)
In April, INDIANA Gov. Mitch Daniels (R) signed legislation
that directs the state to apply to for a federal waiver to expand
eligibility for Medicaid-funded family planning services to women
for two years following a Medicaid-funded delivery. The measure
specifically excludes coverage of contraceptives “intended to terminate
a pregnancy after fertilization” in a clear attempt by the measure's
supporters to exclude coverage of emergency contraception (and potentially
other hormonal methods that could act after fertilization). The
measure passed the Senate in February
and the House in March.
It went into effect when signed.
(ENACTED)
In June, TEXAS Gov. Rick Perry (R) signed a measure directing
the state to apply for a waiver from the federal government to expand
eligibility for Medicaid-covered family planning services to include
women aged 18-64 who have an income of up to 185% of the federal
poverty level and participate in another public assistance program.
The program will exclude services or information related to emergency
contraception, emphasize sexual abstinence for unmarried women and
prohibit participation by, or referrals to, abortion providers or
affiliated entities. Both chambers of the legislature passed the
bill in May.
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PREGNANCY
& BIRTH
See also:
REFUSAL
CLAUSES
Introduced: 32 states
States with further action
Committee
action: NE
Passed
at least one chamber: AL, AK, FL, IL, KS and OR
Enacted:
AZ, FL, IL, ME, MD, OK and WV
In April,
the ALABAMA House passed a measure that would include a fetus as
a 'person' for purposes of the state's criminal homicide and assault
codes. The bill includes an exemption for standard medical care
and abortions. Since the legislature has adjourned its regular session,
no further action is expected.
In May,
the ALASKA Senate passed legislation that would create the crimes
of murder, manslaughter, criminally negligent homicide and assault
of an unborn child. Since the legislature has adjourned its regular
session, no further action is expected.
(ENACTED)
In April, ARIZONA Gov. Janet Napolitano (D)
signed into law a measure amending the state's criminal code to
consider a fetus as a person for purposes of the state's murder,
negligent homicide and manslaughter codes. The new law will take
effect in August.
(ENACTED)
In June, FLORIDA Governor Jeb Bush (R) signed a measure that
will define a viable fetus as an independent victim in cases of
vehicular manslaughter committed while under the influence of alcohol
or drugs. The measure exempts actions taken by the pregnant woman.
The measure passed the House and Senate in April
and is scheduled to take effect in October.
In April,
the ILLINOIS House passed a measure that would make battery of a
viable fetus a separate criminal category. The measure would exempt
abortions and other medical procedures. It is awaiting action by
the Senate.
(ENACTED)
In August, ILLINOIS Gov. Rod Blagojevich (D) signed
legislation stating that the definitions of the terms person, human
being, child and individual, as used in any state statute, must
include a human being outside the womb with signs of life. The measure
specifically states that it neither confers rights on a fetus nor
changes existing abortion law. The measure passed the House in April
and the Senate in May and will go into effect January 1, 2006.
In March,
the KANSAS House of Representatives passed legislation that would
define the terms 'person' and 'human being' under the Kansas criminal
code to include an unborn child at any stage of development. Exceptions
would include actions taken by the pregnant woman, medical procedures
(including an abortion) performed with the pregnant woman's consent
and lawfully prescribed and administered drugs. Since the legislature
has adjourned for the session, no further action is expected.
(ENACTED)
In June, the MAINE legislature passed, and Gov.John Baldacci
(D) signed into law, a measure that will increase penalties for
attacking a pregnant woman. The new crime, elevated aggravated assault
of a pregnant woman, will apply to anyone who kills the fetus of
a woman they know or should reasonably know to be pregnant. Exceptions
will be made for legal abortions and medical procedures. The law,
originally introduced as a fetal assault measure in the House, was
amended to its current form in the Senate and will take effect in
September.
(ENACTED)
In May, the MAINE legislature passed, and Gov. John Baldacci
(D) signed into law, a measure that establishes higher penalties
for homicides when the victim was pregnant and creates a panel dedicated
to collecting statistics concerning domestic abuse, especially as
it relates to pregnant victims. The measure will go into effect
in the fall.
(ENACTED)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 August,
the OREGON House amended and passed a crime bill that
would have made an unborn fetus a potential victim for purposes
of the state's murder, manslaughter and negligent homicide statutes,
even if the perpetrator did not know that the woman was pregnant.
The measure included exceptions for legal abortions and actions
taken by the pregnant woman. The Senate refused to concur with the
House amendment and the measure died when the legislature recessed.
An earlier version of the crime bill, which did not include the
fetal assault provision, passed the Senate in May.
Since the legislature has adjourned its regular session, further
action is not expected.
In August,
the OREGON Senate passed a crime bill that would have
made the murder of a pregnant woman a capital crime punishable by
death in cases where the perpetrator knew the woman was pregnant.
The House refused to concur with the Senate version and the measure
died when the legislature recessed. An earlier version of the crime
bill passed the House in June. Since the legislature has adjourned
its regular session, further action is not expected.
(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
Enacted:
FL and OR
(ENACTED)
In June, FLORIDA Gov. Jeb Bush (R) signed a measure that will
require that a pregnant woman be informed both that an HIV the test
will be performed and that she has a right to refuse. The measure
will also require physicians to report infants that are exposed
to HIV. The measure passed the Senate in April and the House in
May. It goes into effect in
July.
In July,
OREGON Gov. Ted Kulongoski (D) signed a measure that incorporates
HIV testing into the consent procedures for other blood tests conducted
on pregnant women. Previously a separate consent process was necessary
for HIV testing. The measure passed the House in May
and the Senate in July.
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Introduced: 11 states
States with further action
Committee
action: MT and NY
Passed
at least one chamber: HI and VT
Enacted:
MO and TX
Click
here for current status of state policy
In March,
the HAWAII House approved a measure that would provide immunity
to anyone who leaves an unharmed infant younger than 72 hours with
an employee of a hospital, fire or police station. The person leaving
the infant would be required to provide the infant's written medical
history. Since the legislature has adjourned its regular session,
no further action is expected.
(ENACTED)
In July, MISSOURI Gov. Matt Blunt (R)
signed a measure that extends the age limit for legally abandoning
a newborn from 30 days to one year. The bill passed the Senate in
March and the House in May.
In April,
the VERMONT Senate adopted a measure that provides immunity to a
person who leaves an infant younger than 30 days of age with an
employee or volunteer of a fire station, police station, health
care facility, church that the person leaving the infant attends,
or through the 911 emergency system. Since the legislature has adjourned
its regular session, no further action is expected.
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Infertility
Coverage
Introduced: 14 states
States with further action
Committee
action: IL, MD and NH
Enacted:
CT
(ENACTED)
In June, CONNECTICUT Gov. Jodi Rell (R) signed a measure that
will require health insurance plans to cover medically necessary
infertility diagnosis and treatment. Religious employers that fit
the federal definition of a qualified church organization or church-affiliated
organization will be able to opt out of the coverage. In cases where
the employer opts out, employees will receive wri | 
