Advancing Sexual and Reproductive Health and Rights
 

Monthly State Update:
MAJOR DEVELOPMENTS IN 2006

(as of 9/1/2006)

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 September, legislatures in 9 states (IL, ME, MA, MI, NJ, NY, OH, PA, and WI) were in regular session. In 35 states (AL, AK, AZ, CA, CO, CT, DE, FL, GA, HI, ID, IN, IA, KS, KY, LA, MD, MN, MS, MO, NE, NH, NM, NC, OK, RI, SC, SD, TN, UT, VT, 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

Nonmedical Use of Ultrasound
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

 

Abortion Bans to Replace Roe

Introduced: 14 states

States with further action

Passed at least one chamber: MS and TN

Enacted: LA and SD

(ENACTED) In June, LOUISIANA Gov. Kathleen Blanco (D) signed a measure that would ban abortion (except in cases when the woman's life is at risk or her physical health is severely endangered) if Roe v. Wade is overturned or if the U.S. Constitution is amended to allow states to ban abortion. The pregnant woman would be immune from prosecution. The measure specifically excludes contraceptives that act before a pregnancy can be diagnosed through medical testing. The law also allows the state to restrict Medicaid funding to the maximum extent permitted by federal law. The measure passed the Senate in April and the House in May. It goes into effect in August.

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.

In June, SOUTH DAKOTA Secretary of State Chris Nelson (R) approved an initiative that will put the question of whether the state's abortion ban will go on the ballot in November. The law, which was enacted in March but is not in effect, would ban all abortions in the state except when necessary to save the life of the woman.

(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

State with further action

Enacted: GA

Click here for current status of state policy

(ENACTED) In May, GEORGIA Gov. Sonny Perdue (R) signed into law a bill that will create "Choose Life" license plates. The money generated by the license plates will be distributed to groups that encourage women to consider adoption. The measure, which passed the legislature in March, goes into effect January 1, 2007.

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: 8 states

States with further action

Enacted: AZ, LA, MO, OK and PA

(ENACTED) In June, ARIZONA Gov. Janet Napolitano (D) signed the state budget, which includes $20,000 for counseling centers that provide alternatives to abortion. The budget had passed both chambers of the legislature earlier in the month and goes into effect in July.

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. No further action is expected since the legislature has adjourned its regular session.

(ENACTED) In July, LOUISIANA Gov. Kathleen Blanco (D) signed into law a final version of the state budget. The law includes $1 million for programs providing alternatives to abortion. The law, which passed the legislature in June, is in effect.

(ENACTED) In June, MISSOURI Gov. Matt Blunt (R) signed into law a measure funding alternatives-to-abortion services as part of the state budget for health services.  The new law prohibits funds from being used for services or referrals related to family planning and abortion, or from being allocated to an organization or affiliate of an organization that provides abortion procedures or referrals. The measure, which passed the House in March and Senate in April, is in effect. 

(ENACTED) In July, MISSOURI Gov. Matt Blunt (R) signed into law a measure establishing a tax credit for donations to crisis pregnancy centers. The new law allows Missourians 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 will identify the organizations eligible for the donations; organizations that provide abortion services or abortion referrals will not be eligible. The tax credit, which passed the legislature in May, will be available for the 2006 filing period.

(ENACTED) In May, OKLAHOMA Gov. Brad Henry (D) signed into law a measure that adds several abortion-related provisions. The measure creates 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 are not eligible for funding. In addition, the measure includes abortion counseling mandates, a parental consent provision for minors' abortions and a new fetal homicide law. The measure, which passed the House in April, goes into effect November 1.

(ENACTED) In June, a special session of the OKLAHOMA legislature passed, and Gov. Brad Henry (D) signed into law, a measure appropriating funds for programs providing alternatives to abortion. The measure allocates $39,000 to be put into the Alternatives to Abortion Services Revolving Fund. The measure goes into effect November 1.

In June, PENNSYLVANIA Gov. Ed Rendell (D) signed into law the final version of a budget that includes $4,519,000 in state funds and another $1 million in Temporary Assistance to Needy Families funds to support alternatives-to-abortion services. The budget also restricts state family planning funds by requiring organizations that receive the funds to be financially and physically separate from organizations that provide abortions. The final version of the budget passed the legislature in June and is now in effect.

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Fetal Pain

(These bills overlap with bills in the Mandatory Counseling and Waiting Period category.)

Introduced: 13 states

States with further action

Passed at least one chamber: AZ, IN, LA and UT

Enacted: OK

Vetoed: AZ and WI

Click here for the current status of state policy

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 May, the LOUISIANA House passed a measure that would require that women seeking an abortion be given information on fetal pain and the option of providing the fetus with anesthesia. Specifically, an abortion provider would be required to read a woman a state-developed script indicating that anesthesia is routinely provided when prenatal surgery is performed on a woman whose pregnancy is at least 20 weeks' gestation. No further action is expected since the legislature has adjourned its regular session.

(ENACTED) In May, OKLAHOMA Gov. Brad Henry (D) signed into law a measure that adds several abortion-related provisions. The bill requires 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. In addition, the measure includes other abortion counseling mandates, funding for alternatives to abortion, a parental consent provision for minors' abortions and a new fetal homicide law. The measure, which passed the House in April, goes into effect November 1.

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. No further action is expected since the legislature has adjourned its regular session and a similar measure was enacted in May.

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: 13 states

States with further action

Passed at least one chamber: GA, IN, MI, MN, MS and UT

Enacted: ID, MI and OK

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.

In July, the MICHIGAN House passed several measures aimed at preventing coercive abortions. Taken together, the five measures would create the crime of coercive abortion and require physicians to determine, as part of the informed consent process, whether patients' decisions had been made voluntarily. The measures are awaiting action in the Senate.

(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.

(ENACTED) In June, MINNESOTA Gov. Tim Pawlenty (R) signed a measure that requires abortion providers to inform a woman whose fetus has been diagnosed with a severe fetal abnormality about perinatal hospice care. The bill passed both chambers of the legislature in May and went into effect 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.

(ENACTED) In May, OKLAHOMA Gov. Brad Henry (D) signed into law a measure that adds several abortion-related provisions. The measure requires that a woman be shown an ultrasound image of her fetus as part of the state's mandated abortion counseling. Physicians must provide referrals to organizations that offer ultrasound imaging free of charge. In addition, the measure includes other abortion counseling mandates, funding for alternatives to abortions, a parental consent provision for abortions and a new fetal homicide law. The measure, which passed the House in April, goes into effect November 1.

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. No further action is expected since the legislature has adjourned its regular session and a smiliar measure was enacted in May.

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

State with further action

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: 10 states

States with further action

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. No further action is expected since the legislature has adjourned its regular session.

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. No further action is expected since the legislature has adjourned its regular session.

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. No further action is expected since the legislature has adjourned its regular session.

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Parental Involvement in Minors' Abortions

Parental Consent Requirements:

Introduced: 16 states

States with further action

Passed at least one chamber: AZ

Enacted: OK, TN and 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.

(ENACTED) In May, OKLAHOMA Gov. Brad Henry (D) signed into law a measure that adds several abortion-related provisions. The measure requires parental consent in addition to parental notice before a minor receives an abortion. Parental consent may be waived in cases of a medical emergency, when a judicial bypass is granted or if the minor declares she is a victim of abuse. The measure also includes abortion counseling mandates, a new fetal homicide law and funding for alternatives-to-abortion services. The amended measure, which passed the House in April, goes into effect November 1.

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. No futher action is expected since the legislature adjourned and a similar measure was enacted in May. 

(ENACTED) In June, TENNESSEE Gov. Phil Bredesen (D) signed into law a measure amending the state's parental involvement laws for minors' abortions. Under the new law, a minor's parents have to provide not only written consent before an abortion could be performed but also documentation establishing that they are the minor's parents. The measure creates the crime of impersonating a minor's parent for the purposes of bypassing parental notice abortion laws. The measure, which passed the legislature in May, is in effect.

(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 goes into effect May 1 of this year.

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Parental Notification Requirements:

Introduced: 14 states

States with further action

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. No further action is expected since the legislature has adjourned its regular session.

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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'Partial-Birth' Abortion

Introduced: 7 states

Click here for current status of state policy

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Physician-Only Requirements

Introduced: 6states

State with further action

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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Postviability Abortion

Introduced: 6 states

Click here for current status of state policy

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Private Insurance Coverage of Abortion

Introduced: 8 states

States with further action

Passed at least one chamber: KS and MI

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.

In May, the KANSAS House adopted the state budget that includes a provision that would prohibit the state employee insurance plan from covering abortion except when necessary to save the life of the woman or for the resolution of a tubal pregnancy. No further action is expected since the legislature has adjourned its regular session.

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Protecting Access to Abortion

Introduced: 5 states

State with further action

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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Protecting Access to Clinics

Introduced: 5 states

States with further action

Passed at least one chamber: CA

Enacted: WA

Click here for current status of state policy

In August, the CALIFORNIA Senate passed a measure that would provide additional protections to individuals associated with reproductive health clinics. Specifically, the measure would make it a misdemeanor to publish or provide identifying information about an employee, volunteer or patient of a reproductive health clinic with the intent to threaten the subject or incite a third person to commit violence upon the subject. The subject of any such posting would be entitled to file suit against anyone violating the measure. The measure, which passed the Assembly in May, is awaiting action by Gov. Arnold Schwarzenegger (R).

(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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Public Funding of Abortion for Low-Income Women

Introduced: 10 states

States with further action

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. No further action is expected since the legislature has adjourned its regular session.

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. However, the provision is wa not included in the budget that was considered during a special session.

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Reporting Statistical Information to State Agencies

Introduced: 6 states

States with further action

Passed at least one chamber: OK and VA

Enacted: OH

Vetoed: KS

Click here for current status of state policy

In May, KANSAS Gov. Kathleen Sebelius (D) vetoed a measure that would have established certain reporting requirements for physicians performing abortions. Under the measure, physicians would have had to report information concerning abortions performed after 22 weeks' gestation, as well as any fetal abnormalities uncovered. The Kansas legislature, which approved the final version earlier in May, attempted to override the veto but failed.

(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.

(ENACTED) In May, OKLAHOMA Gov. Brad Henry (D) signed into law a measure adding several abortion-related provisions. The bill amends the state's abortion reporting law 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. In addition, the measure includes other abortion counseling mandates, funding for alternatives to abortion, a parental consent provision for minors' abortions and a new fetal homicide law. The measure, which passed the House in April, goes into effect November 1.

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: 5 states

State with further action

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. No further action is expected since the legislature has adjourned its regular session.

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Stem-Cell and Embryo Research

Introduced: 28 states

States with further action

Passed at least one chamber: AZ, DE, GA, MD, MS, MO, NJ, 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 July, the NEW JERSEY legislature passed a budget that would appropriate 5.5 million for the New Jersey Stem Cell Research Institute, pending approval by the state treasurer. The measure is awaiting Gov. Jon Corzine's (D) signature.

In June, the NEW JERSEY Senate passed a measure that would create a bond act to fund stem cell research in the state. The measure would permit the sale of $230 million in state bonds for stem cell research, pending the approval of voters in a statewide election. A stem cell commission would be created to oversee distribution and ensure ethical usage of the funds. The measure is awaiting action in the Assembly.

In May, the NEW JERSEY Senate passed a measure that would mandate funding for stem cell research. The measure would authorize up to $200 million for stem cell research facilities and up to $50 million for biomedical research facilities; the money would come from the state's tobacco settlement fund. The measure is awaiting action in the Assembly.

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.

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Targeted Regulation of Abortion Providers

Introduced: 13 states

States with further action

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. No further action is expected since the legislature has adjourned its regular session.

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

Abortion-Related Restrictions on Family Planning Funds

Introduced: 12 states

States with further action

Passed at least one chamber: MO

Enacted: CO,MI, OH and PA

Click here for current status of state policy

(ENACTED) In August, MICHIGAN Gov. Jennifer Granholm (D) signed the state's budget that continues longstanding state policy prohibiting the use of state family planning funds for abortion services, counseling or referrals. The final version of the budget passed the House and Senate in July. It goes into effect in October.

(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 by Gov. Matt Blunt (R).

(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.

(ENACTED) In July, PENNSYLVANIA Gov. Ed Rendell (D) signed the state's budget, which amends the restrictions on state family planning funds that have been in place since 2002. These restrictions require agencies 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 exempts hospitals and private physicians that accept Medicaid from the requirements. The budget also provides funds for alternatives to abortion. The final version of the budget passed the legislature in June and is now in effect.

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Contraceptive Coverage Mandates

Introduced: 9 states

States with further action

Enacted: NJ

Click here for current status of state policy

In August, the MICHIGAN Civil Rights Commission ruled that health plans that cover prescription drugs and related services must also cover contraceptive drugs and services. The commission held that to exclude such coverage is a violation of the state's civil rights law and constitutes sex discrimination. Religious employers may refuse to cover contraceptives, if the employer is a nonprofit agency, has the purpose of inculcating religious values and primarily employs and serves people who share the same values. 

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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Emergency Contraception

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

Offering Emergency Contraception Services to Sexual Assault Victims:

Introduced: 13 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: 8 states

States with further action

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 legislation 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: 4 states

Click here for current status of state policy

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Restricting Access to Emergency Contraception:

Introduced: 7 states

Click here for current status of state policy

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Requiring Pharmacists or Pharmacies to Dispense Contraception

Introduced: 11 states

State with further action

Defeated by a legisaltive chamber: AZ

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

Passed at least one chamber: CA

Enacted: WV

In August, both chambers of the CALIFORNIA adopted a measure that would amend the state's health insurance mandate and require health plans to cover Pap tests. The bill would extend the coverage to include FDA-approved HPV tests. It is awaiting action by Gov. Arnold Schwarzenegger (R).

(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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Parental Involvement Requirements for Minors Seeking Contraceptive Services

Introduced: 11 states

Click here for current status of state policy

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State Medicaid Family Planning Eligibility Expansions

Introduced: 3 states

State with further action

Enacted: VA

Click here for current status of state policy

(ENACTED) In June, VIRGINIA Gov. Tim Kaine (D) signed the state budget, which includes a provision directing 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 final version of the budget, which passed both chambers of the legislature in June, is in effect.

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PREGNANCY & BIRTH

See also:

REFUSAL CLAUSES

Fetal and Pregnant Woman Assault

Introduced: 32 states

States with further action

Passed at least one chamber: AL, AK, CA, FL, LA, OK and SC

Enacted: AL, AK, GA, NE, OK and SC

(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.

(ENACTED) In June, ALASKA Gov.Frank Murkowski (R) signed into law a measure that adds the crimes of murder, manslaughter, negligent homicide and assault of a fetus to the state's criminal statutes. Under the measure, exceptions will be made for legal abortions, medical procedures and actions taken by the pregnant woman. The measure, which includes a legislative intent statement clarifying that the measure is not intended to alter a woman's right to choose abortion, defines "unborn" as being at any stage of development. The measure, which passed the Senate in May 2005 and the House a year later, goes into effect September 14.

In May, the CALIFORNIA Assembly passed a measure that would increase penalties for assaults on a pregnant woman. The measure would amend the state's current law protecting pregnant women by mandating an additional five-year sentence to anyone who injures a pregnant woman without her consent, causing the termination of her pregnancy. The measure is awaiting action in the Senate.

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.

(ENACTED) In May, OKLAHOMA Gov. Brad Henry (D) signed into law a measure adding several abortion-related provisions. The measure will consider a fetus a person for purposes of the state's homicide laws. Exceptions are 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 a parental consent provision for minors' abortions, abortion counseling mandates and funding for alternatives-to-abortion services. The measure, which passed the House in April, goes into effect November 1.

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. No further action is expected since the legislature has adjourned its regular session and a similar measure was enacted in May.

(ENACTED) In June, SOUTH CAROLINA Gov. Mark Sanford (R) signed into law a measure that creates a separate crime for the injury or death of a fetus. Standard penalties apply, except that killing a fetus cannot be tried as a capital crime. Exceptions are included for abortions, medical treatments and actions taken by the pregnant woman. The measure, which passed the Senate in March and the House in May, is in effect.

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HIV Testing of Infants and Pregnant Women

Introduced: 4 states

States with further action

Passed at least one chamber: NJ

Enacted: DE and IL

(ENACTED) In July, DELAWARE Gov. Ruth Ann Minner (D) signed a measure that requires medical professionals to offer HIV testing to women who are in the third trimester of pregnancy and who are at high risk of contracting HIV. The measure passed the legislature in June and is in effect.

(ENACTED) In June, ILLINOIS Gov. Rod Blagojevich (D) signed a measure requiring that newborns be tested for HIV. While a pregnant woman may decline to be tested throughout her pregnancy, a newborn will be tested if the woman's HIV status is unknown. The bill, which passed the House in February and the Senate in March, is in effect.

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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Infant Abandonment

Introduced: 10 states

States with further action

Passed at least one chamber: AK and HI

Enacted: 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. No further action is expected since the legislature has adjourned its regular session.

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).

(ENACTED) In June, ILLINOIS Gov. Rod Blagojevich (D) signed a measure that extends the age that an infant could be legally abandoned from three days to seven days. The measure, which passed the Senate in February and the House in April, is in effect.

(ENACTED) In June, SOUTH CAROLINA Gov. Mark Stanford (R) signed a measure that amends the state's infant abandonment law. The bill expands the types of facilities that can accept an infant to include law enforcement agencies, fire stations, emergency medical services stations and staffed houses of worship. The previous law only allowed an infant to be left at a hospital or hospital outpatient facility. The bill, which passed the House in March and the Senate in May, is in effect.

(ENACTED) In May, VERMONT Gov. Jim Douglas (D) signed a measure that provides 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 the Senate in March.

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Infertility Coverage

Introduced: 9 states

State with further action

Enacted: RI

(ENACTED) In June, the RHODE ISLAND legislature passed, and Gov. Don Carcieri (R) signed into law a measure that restricts the state's insurance mandate for coverage infertility treatment by limiting it to women between the ages of 25 and 40 who have trouble conceiving for two years. A lifetime cap of $100,000 was also added to the law. The measure is in effect.

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Nonmedical Use of Ultrasound

Introduced: 2 states

State with further action

Passed at least one chamber: CA

In August, the CALIFORNIA Senate passed a measure that would prohibit ultrasound manufacturers from selling or leasing ultrasound machines to anyone besides a medical professional, a licensed practitioner in the healing arts or a licensed medical facility. The measure, which passed the Assembly in May, is awaiting action by Gov. Arnold Schwarzenegger (R).

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Substance Abuse During Pregnancy

Introduced: 20 states

States with further action

Passed at least one chamber: HI, ID, LA and PA

Enacted: AK, LA and OK

Click here for current status of state policy

(ENACTED) In May, ALASKA Gov. Frank Murkowski (R) signed a bill that requires health care providers to report to the state if a newborn or an infant as old as one year is adversely affected by or experiencing withdrawal from a controlled substance or alcohol. The bill passed the House in March and the Senate in April. It went into effect when signed.

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.

(ENACTED) In June, LOUISIANA Gov. Kathleen Blanco (D) signed a measure requiring 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. The prior law required physicians to report suspected prenatal substance abuse when infants showed signs of withdrawal. The bill passed the House in April and the Senate in May. It goes into effect in August.

(ENACTED) In May, OKLAHOMA Gov. Brad Henry (D) signed into law a measure adding several abortion-related provisions. The bill establishes that a woman could be prosecuted for the death of the fetus if caused by her criminal act. The bill also amends 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 measure, which passed the House in April, goes into effect November 1.

In June, the PENNSYLVANIA House passed legislation that would require health care providers to report to the state when a newborn shows signs of withdrawal due to prenatal drug exposure. The report would make the infant eligible to receive health and social services. The measure is awaiting action by the Senate.

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REFUSAL CLAUSES

Establishing the Right to Refuse to Provide Abortion Services

Allowing Health Professionals to Refuse:

Introduced: 14 states

Click here for current status of state policy

Allowing Insurers to Refuse:

Introduced: 8 states

States 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: 18 states

States with further action

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. No further action is expected since the legislature has adjourned its regular session.

Allowing Facilities to Refuse:

Introduced: 9 states

Click here for current status of state policy

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Establishing the Right to Refuse to Provide Contraceptive Services

(See also: Requiring Pharmacists to Dispense Contraception)

Allowing Health Professionals to Refuse:

Introduced: 11 states

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

Allowing Pharmacists to Refuse:

Introduced: 18 states

States with further action

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. No further action is expected since the legislature has adjourned its regular session.

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Establishing the Right to Refuse to Provide Medical Care in General

Allowing Health Professionals to Refuse:

Introduced: 9 states

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

Click here for current status of state policy

Allowing Facilities to Refuse:

Introduced: 9 states

Click here for current status of state policy

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YOUTH

See also:
ABORTION: Parental Involvement
CONTRACEPTION & PREVENTION: Parental Involvement

Child Abuse Reporting

Introduced: 20 states

States with further action

Passed at least one chamber: CA, ID and NY

Enacted: ID, KY, LA, MO, TN and WV

In May, the CALIFORNIA Assembly passed a measure that would amend that state's laws concerning sex crimes. Under the measure, penalties that currently apply to sexual acts with a minor under the age of 14 would also apply to minors aged 15-17 when the perpetrator is at least 10 years older than the minor. The measure is awaiting action in the Senate.

(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.

(ENACTED) In May, the LOUISIANA Senate passed, and Gov. Kathleen Blanco (D) signed into law, a measure that amends that state's statutory rape laws. The measure makes it a felony for someone older than 18 to engage in sexual intercourse with someone aged 13-17 or for a 17- or 18-year-old to engage in sexual intercourse with someone aged 13-15. The measure, which passed the House in April, goes into effect August 15.

(ENACTED) In June, MISSOURI Gov. Matt Blunt (R) signed into law a measure mandating statutory rape reporting. Any health care professional involved in a pregnancy or abortion with evidence of statutory rape or sexual assault of a minor must report the offense. The measure also increases penalties for having sex with a minor younger than 12. The measure, which passed the House in March and the Senate in May, is in effect.

In June, the NEW YORK Senate passed a measure that would create several new statutory rape crimes, specifically, child rape in the first, second and third degree. The crimes would increase in severity according to the age difference between the minor and the perpetrator. The measure is awaiting action in the Assembly.

(ENACTED) In June, TENNESSEE Gov. Phil Bredesen (D) signed into law legislation requiring that health care providers who identify a minor as being pregnant provide information regarding sexual abuse to the minor's parent, if the parent is present and the minor consents. The measure, which passed the legislature in May, is in effect.

(ENACTED) In June, TENNESSEE Gov. Phil Bredesen (D) signed into law a measure regulating physicians' duties when performing an abortion on a minor. Under the new law, before performing an abortion on a minor younger than 13, physicians must alert authorities as to the time and place of the abortion and preserve fetal tissue to be turned over to law enforcement officials. Physicians who fail to comply face a fine and criminal penalties for repeated transgressions. The measure, which passed the Senate in March and the House in May, goes into effect July 1.

(ENACTED) In June, TENNESSEE Gov. Phil Bredesen (D) signed into law a measure further regulating statutory rape in the state. The measure increases penalties for cases of statutory rape where the minor is between ages 13 and 18, and the perpetrator is at least four years older and a figure of authority. The measure, which passed the legislature in May, is in effect.

(ENACTED) In June, a Special Session of the WEST VIRGINIA legislature passed, and Gov. Joe Manchin (D) signed into law, a measure that will increase penalties for statutory rape. The new law increases penalties for forcible sex when the victim is younger than 12. It also raises from 11 to 12 the age at which someone may be considered a victim of sexual assault in the first degree and sexual abuse in the first degree if the perpetrators is aged 15 or older. The measure goes into effect October 1.

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Minors Access to Reproductive Healthcare

Introduced: 13 states

States with further action

Vetoed: 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 July, HAWAII Gov. Linda Lingle (R) vetoed a measure that would have granted greater reproductive health rights to minors. The measure would have allowed minors to consent to STI, pregnancy and family planning services, and would have specifically prohibited the imposition of parental consent requirements. The measure, which passed the legislature in March, is dead.

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Sex Education

Provisions Requiring Sex Education:

Introduced: 28 states

States with further action

Passed at least one chamber: CA, HI, MS, MO, NY, SD, UT and VA

Enacted: WI

Click here for current status of state policy

In May, the California Senate adopted a measure that would prohibit sex education provided in the state from promoting religion. Under the measure, sex education provided in a single session, would have to portray abstinence as the only certain way to prevent sexually transmitted diseases and unintended pregnancy, and would have to include information on at least one FDA-approved method of contraception. Instruction presented over multiple sessions would include the same information about abstinence but include information on all FDA-approved contraceptives (including emergency contraception). The bill is awaiting action in the Assembly.

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 nonbinding provision that allows for parental consent before a student takes part in a class on sex education. Parents can 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. No further action is expected since the legisalture has adjourned its regular session.

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.  

(ENACTED) In May, WISCONSIN Gov. Jim Doyle (D) signed a measure that requires all sex education provided in the state to 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 diseases. The bill passed the Assembly in March and the Senate in September 2005. It goes into effect in July.

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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.