Monthly State Update:
MAJOR DEVELOPMENTS IN 2006
(as of 5/1/2006)
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 May, legislatures in 29 states (AK, AZ, CA, CO, CT,
DE, FL, HI, IL, IA, KS, LA, ME, MA, MI, MN, MO, NH, NJ, NY, NC,
OH, OK, PA, RI, SC, TN, VT and WI) were in regular session. In 15
states (AL, GA, ID, IN, KY, MD, MS, NE, NM, SD, UT, VA, WA, WV and
WY) legislatures have adjourned the regular session. Legislatures
in six states (AR, MT, NV, ND, OR and TX) will not meet in a regular
session in 2006.
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
Medication
Abortion
Minors
Reporting
Parental Involvement
'Partial-Birth' Abortion
Physician-Only Requirements
Postviability Abortion
Private Insurance Coverage of Abortion
Protecting
Access to Abortion
Protecting Access to Clinics
Public
Funding of Abortion
Requiring
Abortion Providers to Have Hospital Privileges
Reporting Statistical Information to State
Agencies
Stem-Cell and Embryo Research
Targeted
Regulation of Abortion Providers
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 or Pharmacies 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
Minors
Access to Reproductive Health
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: 14 states
States with further action
Passed
at least one chamber: LA, MS and TN
Enacted:
SD
In
April, the LOUISIANA Senate passed a measure that would
ban abortion except in cases of life endangerment if Roe v.
Wade were overturned, or if the U.S. Constitution was amended
to allow state regulation of abortion and states could restrict
Medicaid coverage for abortion without losing Medicaid funds. The
pregnant woman would be immune from prosecution. The measure specifically
excludes contraception that acts before a pregnancy could be medically
detected. The measure is awaiting action in the House.
In March,
the MISSSISSIPPI House passed a bill that would ban abortion
in the state, except in cases of rape or incest, or to save the
life of the woman. The bill would also make the state financially
responsible for the medical and educational needs of children, from
birth to age 19, born to Mississippi women who receive family counseling
during their pregnancies and decide to carry the pregnancy to term.
The version of the bill that passed the Senate in February would
have amended the state's counseling law while making no reference
to an abortion ban. The two versions of the bill could not be reconciled
and it died in conference committee.
(ENACTED)
In March, Gov. Mike Rounds (R) of SOUTH DAKOTA signed a
bill that bans all abortion in the state except when necessary to
save the life of the woman. The bill passed the legislature in February
and will go into effect in July.
(ENACTED)
In March, Gov. Mike Rounds of SOUTH DAKOTA signed a bill
that establishes an "extraordinary litigation fund," including
a "life protection" sub-fund. The sub-fund will be used
to pay attorney fees, expert witness fees and other litigation costs
of defending the state's laws that govern abortion and contraception.
The bill passed the legislature in February.
In
April, a TENNESSEE House committee defeated a resolution
that would amend the state's constitution to provide that, "nothing
in this Constitution secures or protects a right to abortion or
requires the funding of an abortion." The measure passed the
Senate in March.
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'Choose
Life' License Plate Revenue Used to Fund Crisis Pregnancy Centers
Introduced: 4 states
States with further action
Committee
action: OK
Passed
at least one chamber: GA
Click
here for current status of state policy
In March, both houses
of the GEORGIA legislature passed a bill that would create "Choose
Life" license plates. The money generated by the license plates
would be distributed to groups that encourage women to consider
adoption. The bill is awaiting action by Gov. Sonny Perdue (R).
In
April, the American Civil Liberties Union (ACLU) asked
a federal appeals court to delay production of TENNESSEE's "Choose
Life" license plates. In March,
the Sixth Circuit Court of Appeals overturned a lower court's decision
that the license plates were unconstitutional. The court held that
the "Choose Life" license plate is protected by the First
Amendment, which allows the state to express views on public policy
issues and does not require the state to provide a forum for a prochoice
license plate. The proceeds from the plates, which were approved
by the legislature in 2003, would go to organizations in Tennessee
that promote alternatives to abortion. The ACLU is asking for the
delay in production while they appeal the Sixth Circuit Court ruling.
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Crisis
Pregnancy Centers/Alternatives to Abortion
Introduced: 7 states
States with further action
Committee
action: LA and TN
Passed
at least one chamber: AZ, MO, OK and PA
In March,
the ARIZONA House passed a bill that would appropriate $500,000
from the state general fund to finance grants to nonprofit agencies
that provide assistance to women seeking alternatives to abortion.
The grants would be available only to agencies that provide medically
accurate information and do not promote or provide abortion services
or referrals. The bill is pending in the Senate.
In
April, the MISSOURI Senate eliminated a program for women's
health services but retained funds for alternatives-to-abortion
services when it passed the state budget for health services. As
passed, the measure would prohibit funds from either being used
for services or referrals related to family planning and abortion,
or allocated to an organization or affiliate of an organization
that provides abortion procedures or referrals. It passed the House
in March and is awaiting action
in a conference committee.
In
April, the MISSOURI House adopted a measure that would
establish a tax credit for donations to crisis pregnancy centers.
Missourians would be allowed to receive a tax credit worth 50% of
the donation to the crisis pregnancy center on their state taxes.
Under the measure, the Department of Social Services would identify
the organizations eligible for the donations; organizations that
provide abortion services or abortion referrals would not be eligible.
The measure is awaiting action in the Senate.
In
April, the OKLAHOMA House added several abortion-related
provisions to a bill previously unrelated to reproductive health.
The measure would provide funding for alternatives to abortion services
in the state. The measure would create the Alternatives-to-Abortion
Services Revolving Fund to finance organizations that promote childbirth
through housing, education and adoption programs. Organizations
that provide abortions or referrals for abortions would not be eligible
for funding. In addition, the measure includes abortion counseling
mandates and a new fetal homicide law. The amended measure, which
had originally passed the Senate as a bill relating to sex offenders,
is awaiting concurrence by the Senate.
In March,
the OKLAHOMA House passed a bill that would create the Alternatives-to-Abortion
Services Revolving Fund from which money would be distributed to
nongovernmental agencies that provide information, counseling and
support services to encourage childbirth instead of abortion. The
bill is pending in the Senate.
In
April, the PENNSYLVANIA House passed a budget measure for
the state that includes a fund for alternatives-to-abortion programs
and restricts state family planning funds by requiring organizations
that receive the funds to be financially and physically separate
from organizations that provide abortions; both provisions have
been in place since 2002. The budget is awaiting action in the Senate.
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Fetal
Pain
(These
bills overlap with bills in the Mandatory Counseling and Waiting
Period category.)
Click
here for the current status of state policy
Introduced: 13 states
States with further action
Committee
action: CA and MO
Passed
at least one chamber: AZ, IN, OK and UT
Vetoed:
AZ and WI
In
April, the ARIZONA Senate passed and Gov. Janet Napolitano
(D) vetoed a bill that would have amended the state's current counseling
law to require that women seeking an abortion who are at least 20
weeks' gestation be told that "the unborn child has the physical
structures necessary to experience pain" and that anesthesia
may be administered directly to the fetus to help eliminate any
pain caused by the abortion. The bill had passed the House in February.
In March,
the INDIANA Senate removed a provision from pending legislation
that would have required a woman seeking an abortion be told that
a fetus may feel pain and that she has the option of having anesthesia
provided directly to the fetus if the procedure takes place at least
20 weeks gestation. As passed in the Senate, the bill would have
required that, as part of abortion counseling, women be told in
writing about adoption the potential health risks of abortion and
that life begins at fertilization. The version that passed the House
in February included the
fetal pain information provision, as well as adoption information
and definition of human life. The two versions could not be reconciled
and the bill died in conference committee.
In
April, the OKLAHOMA House added several abortion-related
provisions to a bill previously unrelated to reproductive health.
The bill would require that a woman seeking an abortion be told
that a fetus may feel pain after 20 weeks' gestation and that anesthesia
is routinely administered to a fetus during fetal surgery at or
after 20 weeks. The bill would also amend the state's homicide law
to define a fetus as a victim, criminalize drug use during pregnancy
that results in the death of the fetus, require that a woman seeking
an abortion be offered the opportunity to see an ultrasound or listen
to the fetal heart tone, amend the state's reporting requirements
for abortion, and establish a fund and governmental support for
organizations that provide alternatives-to-abortion services. The
amended measure, which had originally passed the Senate as a bill
relating to sex offenders, is awaiting concurrence by the Senate.
In February,
the OKLAHOMA House 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 given the option to review materials
that include information on the possibility of a fetus to feel pain
after that point in pregnancy. The woman would also be given the
option to have anesthesia administered directly to the fetus. The
bill is pending in the Senate.
In March,
the UTAH Senate defeated a bill that would have amended the state's
existing counseling law to require that, except in the case of medical
emergencies, a woman seeking an abortion who is at least 20 weeks
pregnant must be told that anesthesia may be administered directly
to the fetus to help eliminate pain. The bill passed the House in
January.
In January,
WISCONSIN Gov. Jim Doyle (D) vetoed a measure that would have amended
the state's current counseling law to require that women who are
seeking an abortion at least 20 weeks of gestation be told that
"the unborn child has the physical structures necessary to
experience pain" and that anesthesia may be administered directly
to the fetus to help eliminate any pain caused by the abortion.
The bill had passed the Senate in September
2005, and the Assembly in November.
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Mandatory
Counseling and Waiting Periods Before Abortion
Women
Required to Receive State-Directed Counseling:
Introduced: 11 states
States with further action
Committee
action: CA and KY
Passed
at least one chamber: GA, IN, MS, OK and UT
Enacted:
ID and MI
Click
here for current status of state policy
In
April, the FLORIDA Supreme Court upheld a 1997 counseling
law that had been struck down by a trial and appeals court. The
law requires that a woman seeking an abortion be told about the
medical risks of the procedure and of carrying the pregnancy to
term as well as the probable gestational age of the fetus. The law
will not go into effect until the resolution of continuing legal
issues related to the actual materials to be offered to the woman.
In March,
the GEORGIA Senate passed a bill that would amend current counseling
laws to require a physician to perform an ultrasound on the patient
before performing an abortion and give her the opportunity to view
the ultrasound image and receive a hard copy of it. Failure to allow
a woman to view ultrasound images would be considered a misdemeanor.
No further action is expected since the legislature has adjourned
its regular session.
(ENACTED)
In April, the IDAHO legislature passed and
Gov. Dirk Kempthorne signed a measure that amends the state's current
abortion counseling law to require that all counseling materials
be medically accurate and "nonmisleading." The law, which
also establishes civil penalties for doctors who fail to comply,
goes into effect on July 1.
In March,
the INDIANA Senate removed a provision from pending legislation
that would have required a woman seeking an abortion be told that
a fetus may feel pain and that she has the option of having anesthesia
provided directly to the fetus if the procedure takes place at least
20 weeks gestation. As passed in the Senate, the bill would have
required that, as part of abortion counseling, women be told in
writing about adoption the potential health risks of abortion and
that life begins at fertilization. The version that passed the House
in February included the fetal pain information provision, as well
as adoption information and definition of human life. The two versions
could not be reconciled and the bill died in conference committee.
(ENACTED)
In March, Gov. Jennifer Granholm (D) of MICHIGAN signed a
measure that amends current counseling laws to require a physician
who performs an ultrasound on a patient prior to an abortion to
give her the opportunity to view the ultrasound image and receive
a hard copy of it. The measure passed the legislature in 2005 and
took effect immediately upon signing.
In February,
the MISSISSIPPI Senate passed a bill that would amend the state's
current counseling law to require a physician to perform an ultrasound
on a patient at least 24 hours prior to an abortion and give the
woman the opportunity to view the ultrasound image and/or receive
a hard copy of it. The measure died in a conference committee at
the end of the regular legislative session.
In
April, the OKLAHOMA House added several abortion-related
provisions to a bill previously unrelated to reproductive health.
The measure would require that a woman be shown an ultrasound image
of her fetus as part of the mandated abortion counseling. Physicians
would need to provide referrals to organizations that offer ultrasound
imaging free of charge. In addition, the measure includes other
abortion counseling mandates, a new fetal homicide law and funding
for alternatives-to-abortion services. The amended measure, which
had originally passed the Senate as a bill relating to sex offenders,
is awaiting concurrence by the Senate.
In March,
the OKLAHOMA House passed a bill that would amend the state's counseling
law to include that a woman seeking an abortion be given information
about the availability of ultrasound imaging and be provided a list
of agencies that provide this service. The bill would also require
a physician who performs an ultrasound on a patient prior to an
abortion to give her the opportunity to view the ultrasound image
and receive a hard copy of it. The bill is pending in the Senate.
In January,
the UTAH House passed a measure that would amend the state's current
counseling law to require that the information given to women prior
to an abortion include a list of adoption agencies and information
on financial assistance that can be provided by adoptive parents.
The measure also includes a provision requiring parental consent.
No further action is expected since the legislature has adjourned
its regular session.
Requirements for State-Directed Counseling
Followed by a Waiting Period:
Introduced: 13 states
States with further action
Committee
action: ID, MN, RI and VA
Passed
at least one chamber: KY
Click
here for current status of state policy
In March,
the KENTUCKY House passed a bill that would amend the state's counseling
law to mandate that counseling be provided to a woman orally and
in person at least 24 hours prior to an abortion. The current law
allows the information to be delivered in person, through the Internet
or on the telephone. The measure passed the Senate in February.
The bill died in a conference committee at the end of the legislative
session.
In March,
a MISSOURI law requiring that women receive state-directed counseling
at least 24 hours prior to an abortion procedure went into effect.
The law, which was enacted in 2003, had been enjoined pending the
resolution of a challenge in state court. The Supreme Court of Missouri
upheld the law in February.
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Medication
Abortion
Introduced: 2 states
In February,
the Sixth Circuit U.S. Court of Appeals upheld an injunction of
an OHIO law that would limit the use of mifepristone except in accordance
with all FDA guidelines governing the use of the drug, including
limiting its use to women who are more than seven weeks pregnant.
The law does not have an exception for cases when medical abortion
is safer than surgical abortion in protecting the life and health
of the mother. The case, originally filed in August 2004, will now
be returned to the district court to determine whether the preliminary
injunction should have been more narrowly drafted.
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Minors
Reporting Requirements
Introduced: 9 states
States with further action
Committee
action: WV
Passed
at least one chamber: KS, MN and OK
In March,
the KANSAS House passed a measure that would amend the state's abortion
laws concerning minors' access to abortion. Current law requires
someone over the age of 21 to accompany a minor to her abortion
counseling session. The measure would require that person to show
valid identification, state their relationship to the minor and
provide any information available as to the identity of the father
of the fetus. The minor would need to present valid identification
proving state of residence. In addition, the measure would prohibit
abortion clinic staff from aiding a minor during the course of a
judicial bypass of parental notice and institute reporting requirements
when a judicial bypass is obtained. The bill is awaiting action
in the Senate.
In
April, the MINNESOTA House passed a measure that would
require reporting information specific to minors' abortions. Physicians
would need to report the number of abortions performed, whether
parents were notified, and whether judicial or emergency bypasses
were granted. Providers would also have to provide demographic information
concerning the minors. This information, along with court records
of judicial bypasses, would be made public with all potentially
identifying information removed. The measure also includes a clause
requiring admitting privileges for physicians when performing abortions
and a prohibition on state funds for abortions, except when required
by federal law. The measure is awaiting action in the Senate.
In February,
the OKLAHOMA House passed a measure mandating specific reporting
requirements for abortions involving minors. Physicians would need
to report the number of instances in which a parent is notified,
the number of abortions performed without notice being given and
the number of judicial bypasses granted. These statistics, with
personal information removed, would be made public once a year.
The measure is awaiting action in the Senate.
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Parental
Consent Requirements:
Introduced: 17 states
States with further action
Committee
action: MS
Passed
at least one chamber: AZ and OK
Enacted:
UT
Vetoed:
AZ
Click
here for current status of state policy
In April,
the ARIZONA legislature passed and Gov. Janet Napolitano (D) vetoed
a measure that would have amended the state's parental involvement
requirement for minors obtaining an abortion. The measure would
have required notarized consent from a parent before a physician
could perform an abortion on a minor.
In April,
the ARIZONA Senate passed and Gov. Janet Napolitano (D) vetoed a
measure that would have amended the state's parental involvement
law for minors obtaining an abortion. The measure mandated criteria
a judge would need to take into account when considering a judicial
waiver of parental consent for a minor seeking an abortion. Judges
would have had to examine a minor's work experience, education level
and experience handling major decisions. The measure would also
have required a minor speak with a physician before applying for
a judicial bypass. The measure passed the House in March.
In February, the OKLAHOMA
House passed a measure that would require a parent's consent before
a physician could perform an abortion on a minor. The consent would
be necessary in addition to Oklahoma 's current requirement for
parental notification. Neither notification nor consent would be
necessary in the case of a medical emergency or a judicial bypass,
as under current law. This measure would also allow for a physician
to perform an abortion without parental notification and consent
if the minor declares she is a victim of sexual abuse and a report
is made. The measure is awaiting action in the Senate.
(ENACTED)
In March, the UTAH legislature passed, and Gov. John Huntsman (R)
signed, a measure requiring abortion providers to obtain parental
consent before performing an abortion on a minor. (State law would
continue to require providers to notify one of the minor's parents
24 hours before the procedure, as well.) The measure passed the
House in January and
will go into effect May 1 of this year.
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Parental Notification
Requirements:
Introduced: 15 states
States with further action
Committee
action: FL, IL and MD
Passed
at least one chamber: KS and WV
Click
here for current status of state policy
In February,
The Federal District Court for the Northern District of FLORIDA
upheld the state's parental notification law. The law, which went
into effect in July 2005, requires parental notification before
a physician may perform an abortion on a minor.
In March,
the KANSAS House passed a measure that would amend the state's abortion
laws concerning minors' access to abortion. Current law requires
someone over the age of 21 to accompany a minor to her abortion
counseling session. The measure would require that person to show
valid identification, state their relationship to the minor and
provide any information available as to the identity of the father
of the fetus. The minor would need to present valid identification
proving state of residence. In addition, the measure would prohibit
abortion clinic staff from aiding a minor during the course of a
judicial bypass of parental notice and institute reporting requirements
when a judicial bypass is obtained. The bill is awaiting action
in the Senate.
In March,
the WEST VIRGINIA Senate passed, and the House subsequently killed,
a measure that would amend that state's law requiring parental notification
before a minor obtains an abortion. The measure would have removed
a provision from the state's law that allows a physician to waive
notification if the minor is sufficiently mature. The bill would
also have added additional reporting requirements.
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Introduced: 6 states
Click
here for current status of state policy
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Physician-Only
Requirements
Introduced: 7 states
States with further action
Committee
action: MS and VA
Enacted:
OH
(ENACTED)
In February, OHIO Gov. Bob Taft (R) signed a measure that would
prohibit physician assistants from performing an abortion or prescribing
a drug that would induce an abortion. The bill passed the Senate
in October 2005 and the House of Representatives in January.
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the Top
Introduced: 7 states
Click
here for current status of state policy
Return
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Introduced: 5 states
State with further action
Vetoed:
AZ
Click
here for current status of state policy
In April,
The ARIZONA House passed and Gov. Janet Napolitano (D) vetoed a
bill that would prohibit public funds from being used to pay for
insurance that covers abortion except in cases where the woman's
life or health is at risk. The bill passed the Senate in March.
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Protecting
Access to Abortion
Introduced: 5 states
States with further action
Committee
action: NY
Enacted:
HI
(ENACTED)
In April, HAWAII Gov. Linda Lingle (R) signed
a bill that prohibits the state from interfering with a woman's
right to obtain an abortion before viability or when necessary to
protect the life and health of the woman. The bill would repeal
the requirement that a woman receiving an abortion be a resident
of the state and would allow abortions to be performed in a clinic
or physician's office; currently the unenforced law requires that
an abortion be performed only in a hospital. The bill passed the
House in March and the Senate
in April.
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Introduced: 5 states
States with further action
Committee
action: CA
Enacted:
WA
Click
here for current status of state policy
(ENACTED)
In March, WASHINGTON Gov. Christine Gregoire (D) signed a measure
that prohibits insurance companies from canceling, refusing to renew
or changing the terms of an insurance policy for a health care facility
or provider that is the victim of arson or vandalism. The bill passed
the legislature in February.
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Introduced: 10 states
States with further action
Committee
action: RI
Passed
at least one chamber: MD, MN and VA
Click
here for current status of state policy
In March, the MARYLAND
Senate passed an appropriations bill that would continue current
restrictions on the use of public funds to pay for abortion. The
measure would permit funding only in cases where abortion is necessary
to protect the life or physical or mental health of the woman, the
pregnancy is the result of rape or incest, or the fetus would be
born with defects. No further action is expected since the legislature
has adjourned its regular session.
In
April, the MINNESOTA House passed a measure that would
prohibit public funding for abortion except where necessary to remain
in a federal program. State sponsored health programs would be prohibited
from providing abortions. The measure would also require hospital
privileges for any physician performing an abortion and mandate
reporting requirements specific to minors' abortions. The measure
is awaiting action in the Senate.
In March,
the VIRGINIA Senate adopted the state budget that would limit Medicaid
coverage of abortion services in cases of life endangerment, rape
and incest. Currently Virginia also provides Medicaid coverage in
cases of fetal abnormality and where the woman's health is threatened.
The Senate-passed version also included a provision to direct the
state to apply for federal approval to expand eligibility for Medicaid
coverage of family planning services to individuals with a family
income up to 133% of the federal poverty level. However, neither
provision is included in the budget that is being considered during
a special session.
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Reporting
Statistical Information to State Agencies
Introduced: 6 states
States with further action
Committee
action: WV
Passed
at least one chamber: KS, OK and VA
Enacted:
OH
Click
here for current status of state policy
In March,
the KANSAS House amended and passed a measure that would establish
certain reporting requirements for physicians performing abortions.
Under the House version, physicians would need to report information
concerning abortions performed after 22 weeks' gestation, and all
abortion reporting would need to include any fetal abnormalities
uncovered. The Senate version, which passed in February,
would require abortion reports to include any physical or mental
disabilities on the part of the pregnant woman, as well. The measure
is awaiting concurrence in the Senate.
(ENACTED)
In April, OHIO Gov. Bob Taft (R) signed legislation that
amends the state's abortion reporting law. The Department of Health
will issue a report on abortion in Ohio, which will include the
number of abortions provided to women who live outside of Ohio and
information on abortion complications. The law also reenacts restrictions
on the state's funding of services for women's health care. It goes
into effect in July.
In
April, the OKLAHOMA House added several abortion-related
provisions to a bill previously unrelated to reproductive health.
The bill would amend the state's abortion reporting requirements
to require physicians to report on the number of women receiving
fetal pain information and the number of cases in which counseling
and waiting period requirements are waived because of the health
exception. The bill would also amend the state's homicide law to
define a fetus as a victim, criminalize drug use during pregnancy
that results in the death of the fetus, require that a woman seeking
an abortion be offered the opportunity to see an ultrasound or listen
to the fetal heart tone, require that women receive information
about fetal pain, and establish a fund and governmental support
for organizations that provide alternatives-to-abortion services.
The amended measure, which had originally passed the Senate as a
bill relating to sex offenders, is awaiting concurrence by the Senate.
In February,
the VIRGINIA House passed a bill that would require that doctors
submit a report to the state each time a patient has physical complications
or dies as the result of an abortion. The bill died in the Senate.
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Requiring
Abortion Providers to Have Hospital Privileges
Introduced: 3 states
States with further action
Committee
action: SD
Passed
at least one chamber: MN
Click
here for current status of state policy
In
April, the MINNESOTA House passed a measure that would
require admitting privileges for any physician performing an abortion.
Any physician found performing an abortion without clinical privileges
at a hospital within 20 miles would be guilty of a misdemeanor.
The measure would also prohibit public funding for abortions and
mandate reporting requirements specific to minors' abortions. The
measure is awaiting action in the Senate.
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Introduced: 26 states
States with further action
Committee
action: CA, FL, KY, RI and WA
Passed
at least one chamber: AZ, DE, GA, MD, MS, MO, NY, OK and VA
Enacted:
CT, GA, MD, VA and WI
Vetoed:
AZ
In
April, the ARIZONA Senate amended, the House approved and
Gov. Janet Napolitano vetoed a measure regarding the sale and purchase
of fetal matter when used in embryonic stem cell research. The measure
would have prohibited either the selling or purchasing of a human
oocyte. A clause exempting reimbursement costs associated with the
donation of an oocyte for in vitro fertilization was removed before
passage.
In January,
the DELAWARE House amended and passed a measure that had originally
been intended to promote stem cell research in the state. As passed
by the Senate in June, the original version would have promoted
stem cell research while banning reproductive cloning. In sharp
contrast, the House-passed version would ban reproductive cloning
while leaving the issue of stem cell research unaddressed. The measure's
sponsor in the Senate has decided to let the bill expire rather
than ratify the House version.
(ENACTED)
In April, GEORGIA Gov. Sonny Perdue (R) signed
into law an executive order creating the Governor's Commission for
Newborn Umbilical Cord Blood Research and Medical Treatment. The
commission will establish a cord blood bank network for collecting
and storing cord blood for therapeutic and research purposes. The
commission will also seek to raise awareness of cord blood donation
possibilities among pregnant women. The executive order, which is
effective immediately, mirrors legislation that received serious
consideration in March but
died in the legislature.
(ENACTED)
In April, MARYLAND Gov. Bob Ehrlich (R) signed
into law a measure creating the Maryland Stem Cell Fund and Commission
to promote stem cell research in that state. The measure allows
the governor to allocate funds to research organizations as he or
she sees fit. Funds will be available for both adult and embryonic
stem cell research. The commission will ensure that ethical guidelines
are adhered to and report back to the governor and legislature annually.
The measure also establishes guidelines for the storage, donation
or destruction of unused embryos and prohibits reproductive cloning.
The measure passed the legislature in March
and goes into effect July 1.
In February,
the MISSISSIPPI House passed a measure banning all forms of cloning
in the state, including somatic cell nuclear transfer. Therapeutic
cloning not involving somatic cell nuclear transfer would be protected
and an advisory committee would be established to monitor stem cell
research in the state. The measure later died in a Senate committee.
In
April, the MISSOURI House passed a measure that would provide
funding for stem cell research and umbilical cord blood banks in
the state. The stem cell research would have to derive from non-embryonic
and non-fetal sources. The measure is awaiting action in the Senate.
In March,
the NEW YORK Assembly passed a budget bill allocating $4.5 million
for the New York State Institute for Stem Cell Research and Regenerative
Medicine. A separate measure authorizing the creation of the institute
and setting standards for stem cell research in the state is still
pending in the Assembly. The budget bill is now awaiting action
in the Senate.
(ENACTED)
In April, VIRGINIA Gov. Tim Kaine (D) signed
into law two separate measures creating the Virginia Cord Blood
Initiative to collect, screen and store umbilical cord blood. In
addition, the two measures promote umbilical cord donation awareness
among health care providers and pregnant women. The measures were
enrolled in February
and March and go into effect
July 1.
In
April, WISCONSIN Gov. Jim Doyle (D) issued an executive
order promoting efforts to bring stem cell-related technology to
the state. The Department of Commerce will invest at least $5 million
to bring stem cell-related research and business to the state through
marketing and incentives. The executive order is effective immediately.
Return
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Targeted
Regulation of Abortion Providers
Introduced: 12 states
States with further action
Committee
action: MS
Passed
at least one chamber: IN, KS and VA
Enacted:
PA and SD
In March,
the INDIANA legislature ended its session for the year without final
passage of a measure that would have regulated abortion clinics,
which had passed both the House and Senate in February.
In February,
the KANSAS House passed a measure that would regulate all office-based
surgical centers in the state. What began as a bill targeting abortion
clinics was amended to regulate building codes and licensing and
inspection processes for all nonhospital facilities where surgery
occurs. The measure was amended to win approval from Gov. Kathleen
Sebelius, who, in the past, has vetoed similar bills that specifically
targeted abortion clinics.
In February,
the U.S. Sixth Circuit Court of Appeals issued a decision in a case
involving OHIO's requirement that ambulatory surgical centers, such
as abortion clinics, have an agreement with a local hospital to
accept clinic patients in cases of an emergency. No local hospital
would agree to such a transfer arrangement with an abortion clinic,
leading the facility to request a waiver of the requirement from
the state. When the state refused the waiver and ordered the clinic
closed, the clinic filed suit, arguing that patients would be endangered
by needing to travel long distances. The court dismissed the suit,
in part, because it held that traveling long distances to obtain
an abortion does not constitute undue burden.
(ENACTED)
In April, the PENNSYLVANIA legislature passed
and Gov. Ed Rendell (D) signed into law a measure that will regulate
abortion providers. The measure requires abortion providers who
perform more than 100 abortions per year to establish a patient
safety panel and guidelines. The abortion provider will have to
report serious events and infrastructure failures or face a fine
and revocation of its license. The measure also requires abortion
providers give money to a patient safety trust fund along with ambulatory
surgical centers and birthing centers. The measure, which originally
passed the House in January,
will go into effect June 29.
(ENACTED)
In February, the SOUTH DAKOTA House passed, and Gov. Mike Rounds
(R) signed into law a measure imposing regulations of abortion clinics
that are more onerous than those imposed on similar types of health
care facilities. The new measure gives the state Department of Health
unlimited control of the regulatory process and higher application
fees. The new law will go into effect July 1, 2006.
In February,
the SOUTH DAKOTA House passed a measure that would have imposed
regulation of abortion clinics. It would have required steep licensing
fees and given the state health department virtually unlimited authority
to regulate abortion providers. The measure died when it was subsequently
replaced with an abortion counseling bill that was defeated.
In February,
the VIRGINIA House passed a measure imposing regulations on abortion
clinics that would have defined all abortion clinics as ambulatory
surgical facilities. It would have required abortion clinics to
meet heightened building code regulations and be subject to scrutiny
greater than that imposed on other nonhospital surgical providers
in the state. The measure died in Senate committee
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CONTRACEPTION
& PREVENTION
See also:
REFUSAL
CLAUSES
YOUTH: Child Abuse Reporting
Introduced: 11 states
States with further action
Committee
action: MI and VA
Passed
at least one chamber: MO and PA
Enacted:
CO and OH
Click
here for current status of state policy
(ENACTED)
In February, COLORADO Gov. Bill Owens (R) signed an appropriation
bill for the Department of Public Health and Environment that continues
the state's policy of prohibiting state family planning funds from
going to organizations that provide abortion services with their
own funds. The measure passed both chambers of the legislature in
February.
In
April, as part of passing a state budget for health services,
the MISSOURI Senate eliminated a program for women's health services
but retained funds for alternatives-to-abortion services. As established
by the legislature, program funds could not be used for services
or referrals related to family planning and abortion. The funds
could not be allocated to an organization or affiliate of an organization
that provides or refers for abortion. The measure is awaiting action
in a conference committee.
(ENACTED)
In April, 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 bill also amended
the state's abortion reporting requirements. The measure passed
the House and Senate in March. It goes into effect in July.
In
April, the PENNSYLVANIA House passed the state's budget,
which includes restrictions on state family planning funds that
have been in place since 2002. These restrictions require agencies
(except for hospitals) that receive state family planning funds
to be financially and physically separate from organizations that
provide abortions or abortion-related services, but allow programs
funded through Title X to provide nondirective counseling and referral
services, as required by federal law. The bill also provides funds
for alternatives to abortion. The budget is awaiting action in the
Senate.
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Introduced: 8 states
States with further action
Committee
action: SD and UT
Enacted:
NJ
Click
here for current status of state policy
In March,
MONTANA Attorney General Mike McGrath (D) issued an opinion requiring
health plans that provide coverage of prescription drugs to also
cover contraception. The opinion held that under the state's unisex
insurance law and human rights act, exclusion of contraceptives
in health plans is sex discrimination.
(ENACTED)
In January, NEW JERSEY Acting Gov. Dick Codey (D) signed a
bill that requires health benefit plans that cover outpatient prescription
drugs to include coverage of prescription contraceptives. A religious
employer can be exempted from the requirement if the objection is
based on bona fide religious beliefs and the organization is a church,
association of churches or a religiously sponsored school. Exempted
organizations must notify employees of the refusal. In 2005, the
bill passed the Senate in June and the Assembly in December.
In January,
a NEW YORK appeals court rejected a challenge to the state's contraceptive
coverage mandate based on its provisions allowing certain religious
employers to refuse to provide the coverage. The law was challenged
by religiously-affiliated organizations who claimed that the existing
exemption was too narrow and as such violated federal and state
constitutional protections for religion. The court held that the
law does not violate religious rights because it is designed to
increase women's access to health care services and not impinge
on religion. The religious organizations plan to appeal to the state's
highest court.
In March,
the UTAH Senate defeated a bill that would have required health
plans that cover prescription drugs to also cover prescription drugs
for contraception. The measure would have permitted religious employers
to refuse coverage if the employer had as its major purpose the
inculcation of religious values, primarily employed and served people
who shared those values and was a church or religious order as defined
by the federal government.
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Offering
Emergency Contraception Services to Sexual Assault Victims:
Introduced: 12 states
States with further action
Committee
action: AZ, CT, FL, HI, MO and SD
Click
here for current status of state policy
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Allowing
Pharmacists to Provide Emergency Contraception without a Prescription:
Introduced: 7 states
States with further action
Committee
action: IL and MD
Passed
at least one chamber: NY
Enacted:
VT
Vetoed:
CO
Click
here for current status of state policy
In
April, COLORADO Gov. Bill Owens (R) vetoed a bill that
would have given pharmacists prescribing authority for emergency
contraception. The bill specifically excluded medication abortion
from the definition of emergency contraception. It passed the House
in February and the Senate in March.
In March,
the MARYLAND Senate defeated a measure that would have allowed pharmacists
to dispense emergency contraception without a physician prescription
as long as the pharmacist had entered into an agreement with the
state.
In February,
the NEW YORK Assembly passed a measure that would allow pharmacists
and registered nurses to dispense emergency contraceptives without
a prescription if acting under an agreement with a physician, nurse
practitioner or licensed midwife. The pharmacist would have
to complete training on emergency contraception and provide clients
with a fact sheet that would be developed by the state Department
of Health. This measure is identical to another bill that was vetoed
last year by Gov. George Pataki (R).
(ENACTED)
In March, VERMONT Gov. Jim Douglas (D) signed egislation that allows
a pharmacist to dispense emergency contraception within a collaborative
practice agreement with a physician. The measure requires the state
to develop standards for the agreements, dispensing procedures for
the pharmacist and informational materials to be provided to patients.
A pharmacist must undergo training on emergency contraception. The
bill, which passed the House in May 2005, passed the Senate in March
2006.
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Expanding
Access to Emergency Contraception:
Introduced: 3 states
Click
here for current status of state policy
Return
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Restricting
Access to Emergency Contraception:
Introduced: 8 states
States with further action
Committee
action: AZ, IL and NH
Click
here for current status of state policy
Return
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Requiring
Pharmacists or Pharmacies to Dispense Contraception
Introduced: 11 states
States with further action
Commitee
action: AZ, MN and MO
In March,
the ARIZONA Senate defeated a measure that would have established
a duty for pharmacists to fill valid prescriptions except when contraindicated.
Under the measure a pharmacist who wanted to refuse to fill prescriptions
because of religious or ethical beliefs would have been required
to notify his or her employer. For it's part, the pharmacy would
not have been required to accommodate the objection if it would
have caused an "undue hardship" for the business. If the
pharmacy opted to accommodate the refusal, then it would have been
required to take steps to ensure that the patient is nonetheless
able to get the medication in a timely manner.
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HPV
Introduced: 7 states
States with further action
Committee
action: CA and NJ
Enacted:
WV
(ENACTED)
In March, WEST VIRGINIA Gov. Joe Manchin (D) signed legislation
that requires health plans to cover both conventional and Thin Prep
pap tests and HPV tests for women who are at least 18 years of age.
The previous law only required that pap smears be covered by health
plans. The bill passed both chambers of the West Virginia General
Assembly in March.
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Introduced: 11 states
States with further action
Committee
action: AZ, MS, NH and VA
Click
here for current status of state policy
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State
Medicaid Family Planning Eligibility Expansions
Introduced: 3 states
States with further action
Committee
action: WI
Passed
at least one chamber: VA
Click
here for current status of state policy
In March,
the VIRGINIA Senate adopted the state budget that would have directed
the state to apply for federal approval to expand eligibility for
Medicaid coverage of family planning services to individuals with
a family income up to 133% of the federal poverty level. Currently
the program only applies to women who have had a Medicaid-funded
delivery. The bill also included a provision that would limit Medicaid-funded
abortion. However, neither provision is included in the budget that
is being considered during a special session.
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PREGNANCY
& BIRTH
See also:
REFUSAL
CLAUSES
Introduced: 34 states
States with further action
Committee
action: CA, DE, HI, IN, MS, NH, PA, SD and TN
Passed
at least one chamber: AL, AK, FL, LA, OK and SC
Enacted:
AL, GA andNE
Vetoed:
AZ
(ENACTED)
In April, the ALABAMA legislature passed and
Gov. Bob Riley (R) signed into law a measure that changes the state's
current law to permit a fetus of any gestational age to be considered
a victim of either criminal assault or homicide. Exceptions are
made for standard medical care provided with the pregnant woman's
consent, along with any actions taken by the pregnant woman. The
measure, which passed the House in January, goes into effect July
1.
In
April, the FLORIDA legislature passed a measure that would
permit death certificates to be generated on request when a fetus
is stillborn after the 20th week of pregnancy. The Senate concurred
and the measure is awaiting the Governor's signature.
(ENACTED)
In April, GEORGIA Gov. Sonny Perdue (R) signed
into law a measure that will amend the state's laws relating to
fetal assault. The crimes of voluntary manslaughter of an unborn
child and feticide now apply to a fetus of any gestational age,
whereas the previous law applied to viable fetuses only. In addition,
the law increases penalties for assaults on pregnant women. Exceptions
will be made for abortions and actions taken by the pregnant woman.
The measure, which passed the House in March
and the Senate last year, will go into effect July 1.
(ENACTED)
In April, NEBRASKA Gov. Bob
Riley (R) signed into law a measure that changes the state's current
law to permit a fetus of any gestational age to be considered a
victim of assault. The legislation makes exceptions for standard
medical care provided with the pregnant woman's consent, medical
drugs and devices, and any actions taken by the pregnant woman.
In addition, the measure raises penalties for crimes committed against
a pregnant woman. The measure, which passed the legislature in April,
is currently in effect.
In
April, the OKLAHOMA House added several abortion-related
provisions to a bill previously unrelated to reproductive health.
The measure would consider a fetus a person for purposes of the
state's homicide laws. Exceptions would be made for legal abortions,
medical procedures and legal actions taken by the pregnant woman.
A pregnant woman could be charged if she committed an illegal act
that resulted in the death of her fetus. The measure includes abortion
counseling mandates as well as funding for alternatives to abortion
services. The amended measure, which had originally passed the Senate
as a bill relating to sex offenders, is awaiting concurrence by
the Senate.
In March,
the OKLAHOMA House passed a measure that would amend the state's
criminal code. The measure would define a fetus as a human being
for purposes of the state's homicide laws. The measure would not
apply to legal abortions, medical procedures or acts taken by the
pregnant woman. The measure is awaiting action in the Senate.
In March,
the SOUTH CAROLINA Senate passed a measure that would create a separate
crime for the injury or death of a fetus. Standard penalties would
apply, except that killing a fetus could not be tried as a capital
crime. Exceptions are included for abortions, medical treatments
and actions taken by the pregnant woman. The measure is awaiting
action in the House.
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HIV
Testing of Infants and Pregnant Women
Introduced: 3 states
States with further action
Passed
at least one chamber: IL and NJ
In March,
the ILLINOIS Senate adopted a measure that would require that newborns
be tested for HIV. While a pregnant woman would be able to decline
to be tested throughout her pregnancy, a newborn would be tested
if the woman's HIV status were unknown. The bill is awaiting action
by Gov. Rod Blagojevich (D).
In March,
the NEW JERSEY Assembly adopted a measure that would amend the state's
statute on HIV testing for pregnant and postpartum women. Current
law requires that women who test positive for HIV receive notification
of the results as well as counseling when needed. Under the measure,
pregnant and postpartum women with positive HIV test results will
receive information about prenatal care to reduce the possibility
of HIV transmission to the fetus or infant. The measure is awaiting
action in the Senate.
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Introduced: 10states
States with further action
Committee
action: MN and WA
Passed
at least one chamber: AK, HI, IL, SC and VT
Click
here for current status of state policy
In
April, the ALASKA House adopted a measure that would provide
immunity to a parent who leaves an infant, younger than 21 days
with a peace officer, hospital employee, or fire station employee
or volunteer. The person receiving the infant will ask for the parent's
identity, but the parent may decline to answer. The measure is awaiting
action in the Senate.
In March,
each chamber of the HAWAII legislature passed a measure that would
allow a person to leave an infant younger than 72 hours with personnel
at a hospital, fire station or police station. The bill is awaiting
action by Gov. Linda Lingle (R).
In
April, the ILLINOIS House adopted a measure that would
extend the age that an infant could be legally abandoned from three
days to seven days The measure passed the Senate in February
and is awaiting action by Gov. Rod Blagojevich (D).
In March,
the SOUTH CAROLINA House passed a measure that would amend the state's
infant abandonment law. The bill would expand the types of facilities
that could accept an infant to include a law enforcement agency,
a fire station, an emergency medical services station or any staffed
house of worship. Current law allows an infant to be left only at
a hospital or hospital outpatient facility. The bill is awaiting
action in the Senate.
In March,
the VERMONT Senate adopted a measure that would provide immunity
to a person who leaves an infant younger than 30 days with an employee
or volunteer of a fire station, police station, health care facility
or church that the person leaving the infant attends, or through
the 911 emergency system. The bill passed the House in April 2005
and is awaiting action by Gov. Jim Douglas (D).
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Infertility
Coverage
Introduced: 9 states
States with further action:
Committee
action: LA, NH and RI
Return
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Introduced: 18 states
States with further action
Committee
action: HI, MN and MO
Passed
at least one chamber: AK, HI, ID, LA and OK
Click
here for current status of state policy
In March,
the Alaska House adopted a bill that would require health care providers
to report to the state if a newborn is adversely affected or experiencing
withdrawal from a controlled substance or alcohol. The bill is awaiting
action in the Senate.
In
April, the HAWAII Senate passed a measure that would establish
a pilot program on Oahu to provide substance abuse services to drug
addicts. The program would provide prenatal, delivery and postpartum
care, as well as substance abuse treatment and other social services
to pregnant women who have a history of drug abuse. However, the
Senate amended the bill so that the program would not begin until
2050. A conference committee has convened to address the differences
between the House and Senate versions.
In February,
the IDAHO Senate adopted a measure that would make it a criminal
act for a woman to use controlled substances during pregnancy. The
bill would not apply in cases when drugs are taken for legal purposes.
Although the legislation would not require physicians to report
prenatal substance abuse, it would grant them immunity from liability
if they did so. The measure is awaiting action in the House.
In
April, both chambers of the LOUSIANA legislature passed
identical bills that would require a drug test on a newborn, without
consent of the parents, if the physician suspects that the mother
used controlled substances during pregnancy. Physicians must report
positive test results to the state as soon as possible; the test
results cannot be used in a criminal prosecution. Current law requires
physicians to report suspected prenatal substance abuse when infants
shows signs of withdrawal.
In
April, the OKLAHOMA House added several abortion-related
provisions to a bill previously unrelated to reproductive health.
The bill would establish that a woman could be prosecuted for the
death of the fetus if caused by her criminal act. The bill would
also amend the state's homicide law to define a fetus as a victim,
require that a woman seeking an abortion be offered the opportunity
to see an ultrasound or listen to the fetal heart tone, require
that women receive information about fetal pain, amend the state's
reporting requirements for abortion, and establish a fund and governmental
support for organizations that provide alternatives-to-abortion
services. The amended measure, which had originally passed the Senate
as a bill relating to sex offenders, is awaiting concurrence by
the Senate.
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REFUSAL
CLAUSES
Allowing
Health Professionals to Refuse:
Introduced: 14 states
States with further action
Committee
action: MO, OH and SD
Click
here for current status of state policy
Allowing
Insurers to Refuse:
Introduced: 8 states
States with further action
Committee
action: MO
Passed
at least one chamber: MI
Click
here for current status of state policy
In
April, the MICHIGAN House adopted two measures that would
allow health insurers and health maintenance organizations to refuse
to provide any service, including abortion and contraceptive services,
based on ethical, moral or religious objection. The bills are awaiting
action in the Senate.
Allowing
Pharmacists to Refuse:
Introduced: 18 states
States with further action
Committee
action: MO, OH and SD
Passed
at least one chamber: OK
Enacted:
GA
Click
here for current status of state policy
(ENACTED)
In April, GEORGIA Gov. Sonny Perdue (R) signed
a measure that will allow pharmacists to refuse to fill prescriptions
for drugs that cause abortion. The objection must be based on moral
or religious grounds and be on file with the employer. The bill
passed the House and the Senate in March.
In March,
the GEORGIA House defeated a measure that would have allowed a pharmacist
to refuse to fill any prescription on moral or religious grounds
if the pharmacist "believes" the drug would have the effect,
or possible effect, of terminating a pregnancy. The language of
the bill was broad enough to include contraceptive prescriptions.
In March,
the OKLAHOMA House passed a bill that would allow a pharmacist to
refuse to fill any prescription if the pharmacist "believes"
that the drug would cause an abortion. The language is broad enough
to include contraceptive prescriptions. The measure is awaiting
action in the Senate.
Allowing Facilities to
Refuse:
Introduced: 9 states
State with further action
Committee
action: MO
Click
here for current status of state policy
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Allowing Health Professionals
to Refuse:
Introduced: 11 states
States with further action
Committee
action: MO and SD
Click
here for current status of state policy
Allowing Insurers to Refuse:
Introduced: 8 states
State with further action
Passed
at least one chamber: MI
Click
here for current status of state policy
In April,
the MICHIGAN House adopted two measures that would allow health
insurers and health maintenance organizations to refuse to provide
any service, including abortion and contraceptive services, based
on ethical, moral or religious objection. The bills are awaiting
action in the Senate.
Allowing Pharmacies to
Refuse:
Introduced: 9 states
States with further action
Committee
action: MO and SD
Allowing Pharmacists
to Refuse:
Introduced: 18 states
States with further action
Committee
action: IL, MO, NH and SD
Passed
at least one chamber: GA and OK
Click
here for current status of state policy
In March, the GEORGIA
House defeated a measure that would have allowed a pharmacist to
refuse to fill any prescription on moral or religious grounds if
the pharmacist "believes" the drug would have the effect,
or possible effect, of terminating a pregnancy. The language of
the bill was broad enough to include contraceptive prescriptions.
In March, the OKLAHOMA
House passed a bill that would allow a pharmacist to refuse to fill
any prescription if the pharmacist "believes" that the
drug would cause an abortion. The language is broad enough to include
contraceptive prescriptions. The measure is awaiting action in the
Senate.
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Allowing Health Professionals
to Refuse:
Introduced: 9 states
States with further action
Committee
action: MO and SD
Click
here for current status of state policy
Allowing Insurers to
Refuse:
Introduced: 7 states
State with further action
Passed
at least one chamber: MI
Click
here for current status of state policy
In
April, the MICHIGAN House adopted two measures that would
allow health insurers and health maintenance organizations to refuse
to provide any service, including abortion and contraceptive services,
based on ethical, moral or religious objection. The bills are awaiting
action in the Senate.
Allowing Pharmacists
to Refuse:
Introduced: 11 states
States with further action
Committee
action: MO and SD
Click
here for current status of state policy
Allowing Facilities to
Refuse:
Introduced: 9 states
State with further action
Committee
action: MO
Click
here for current status of state policy
Return
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YOUTH
See also:
ABORTION: Parental Involvement
CONTRACEPTION & PREVENTION: Parental Involvement
Introduced: 15 states
States with further action
Committee
action: CA, GA, KS and VA
Passed
at least one chamber: ID, LA, MS and TN
Enacted:
ID and KY
(ENACTED)
In April, IDAHO Gov. Dirk Kempthorne
(R) signed into law a measure that exempts certain perpetrators
from having to register as sex offenders. The measure excuses 19
to 20-year-olds convicted of statutory rape (with a minor not more
than 3 years their junior) from having to register as sex offenders.
In addition, all parties must agree to the exemption or a judge
must find that the defendant would not pose a risk of committing
another sexual assault. The measure, which passed the legislature
in March, goes into effect July
1.
In
April, a federal District Court judge permanently barred
enforcement of KANSAS Attorney General Phill Kline's controversial
interpretation of that state's statutory rape reporting law. As
interpreted by Kline, the law would have required health care providers
to report consensual sexual behavior between minors under the age
of 16 to law enforcement or face fines. Judge Thomas Marten ruled
that Kline's interpretation was contrary to the original intention
of the law and violated a minor's right to informational privacy
concerning sexual activity. Under the rulings, providers will still
be obligated to report illegal sexual activity when they believe
a minor has been harmed. The Attorney General has
not announced if he will appeal the decision.
(ENACTED)
In April, the KENTUCKY House passed and Gov.
Ernie Fletcher (R) signed into law a measure expanding the state's
existing statutory rape laws by establishing specific criminal penalties
for sexual relationships between a minor and someone in a position
of authority. The measure, which originally passed the House in
February and the Senate in March,
goes into effect July 11. In
April, the LOUISIANA House passed a measure that would
amend that state's statutory rape laws. The measure would make it
a felony for someone older than 18 to engage in sexual intercourse
with someone aged 12–17 or for a 17- or 18-year-old to engage in
sexual intercourse with someone aged 12–15. The measure is awaiting
action in the Senate.
In March,
the MISSOURI Senate passed a measure that would mandate reporting
of statutory rape. Any health care professional involved in a pregnancy
or abortion with evidence of statutory rape or sexual assault of
a minor would be required to report the offense. The measure is
awaiting action in the House.
In March,
the TENNESSEE Senate passed a measure that would regulate physicians'
duties when performing an abortion on a minor. Under the measure,
physicians would be required to preserve fetal tissue from an abortion
performed on a minor under the age of 13. The fetal tissue would
then have to be turned over to the Tennessee Bureau of Investigation
along with a report including the minor's name, address and legal
guardian. The measure is awaiting action in the House.
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Minors
Access to Reproductive Healthcare
Introduced: 12 states
States with further action
Passed
at least one chamber: HI
Enacted:
CO
Click
here for current status of state policy
(ENACTED)
In April, the COLORADO House concurred to
and passed a measure relating to minors' rights. Gov. Bill Owens
(R) allowed the measure to become law without his signature. The
measure would allow a pregnant minor to consent to prenatal, delivery
and postdelivery medical care related to the live birth of a child.
The measure, which originally passed the House in February and passed
the Senate in March, goes into
effect immediately.
In March,
the HAWAII Senate passed a measure that would grant greater reproductive
health rights to minors. The measure would allow minors to consent
to STI, pregnancy and family planning services; it would specifically
prohibit the imposition of parental consent requirements. The measure
is awaiting action in the House.
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Provisions Requiring
Sex Education:
Introduced: 27 states
States with further action
Committee
action: CA, FL, MA, MN and NH
Passed
at least one chamber: HI, MS, MO, NY, SD, UT, VA and WI
Click
here for current status of state policy
In March,
both chambers of the HAWAII legislature passed measures that would
require sex education and pregnancy counseling funded with state
dollars to be medically accurate and age-appropriate.
In March,
the KANSAS Board of Education adopted a provision that requires
parental consent before a student takes part in a class on sex education.
Previously parents could remove students from the instruction.
In February,
a committee in the MISSISSIPPI House defeated a measure that would
have required students to receive abstinence education and information
on fetal development. The purpose of instruction on fetal development
was to provide a "better understanding of the relationship
between the mother and her unborn fetus." Currently, school
districts in the state have the option of providing abstinence education.
The bill passed the Senate in February.
In
April, the MISSOURI House passed a bill that would rewrite
the state's sex education statute. The bill would substitute the
requirement that sex education include information on contraception
with a statement that information about contraception is available
from a physician, and would require a discussion of the emotional
and psychological consequences of "premarital and extramarital
sex." It would also mandate that students be told that personhood
begins at conception. The bill would prohibit anyone from an organization
that provides abortion services from providing school-based instruction
or materials for sex education. Parental consent would be required
prior to students taking part in sex education. The measure is awaiting
action in the Senate.
In
April, the NEW YORK Assembly passed a bill that would provide
grants to schools and educational and community-based organizations
for comprehensive sex education. Funded projects would provide age-appropriate
and medically accurate instruction; they could neither promote nor
teach religion. All programs would include information on abstinence
and contraception, teach life skills and responsible decision-making,
and encourage family communication. The measure is awaiting action
in the Senate.
In February,
a committee in the SOUTH DAKOTA Senate defeated a measure that would
have amended the state's requirements for abstinence education,
which is a mandatory component of the required character education.
The bill specifically would have prohibited instruction on contraception;
it passed the House in February.
In February,
a committee in the SOUTH DAKOTA Senate defeated a measure that would
have prohibited the distribution of contraceptives and abortifacients
on school grounds. It passed the House in February.
In March,
a UTAH House committee defeated a measure that would have set guidelines
for school boards to follow when authorizing a school club or allowing
a club to use school facilities. Criteria for denial include clubs
with activities that "involve human sexuality" by presenting
information that violates sex education laws, discussing sex outside
of legal marriage or in a manner that is prohibited by state law,
or discussing contraception. The bill passed the Senate in February.
In March,
a VIRGINIA Senate committee defeated a measure that would have required
school-based sex education to "emphasize" abstinence.
Curricula would have also been required to encourage students to
"honor and respect monogamous heterosexual marriage" and
to discuss the emotional and psychological consequences of adolescent
sexual activity. The measure would have given parents the option
to remove their children from the instruction. The bill passed the
House in January.
In March,
a VIRGINIA Senate committee defeated a measure that would have allowed
local school boards to prohibit school facilities from being used
by any student club or group that encourages or promotes sexual
activity by unmarried minor students. The bill passed the House
in January.
In March,
the WISCONSIN Assembly adopted a measure that would require that
all sex education provided in the state devote more time to abstinence
than other behaviors, teach that abstinence before marriage is the
preferred behavior and emphasize that abstinence from sexual activity
is the most effective way to prevent pregnancy and sexually transmitted
disease. The bill passed the Senate in September 2005.
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Production of the State Update
is made possible by support from The David and Lucile Packard Foundation
and The John Merck Fund.
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