Monthly State Update:
MAJOR DEVELOPMENTS IN 2006
(as of 2/1/2006) 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 February, legislatures in 38 states (AL, AK, AZ, CA,
CO, DE, GA, HI, ID, IL, IN, IA, KS, KY, ME, MA, MD, MI, MN, MS,
MO, NE, NH, NJ, NM, NY, OH, PA, RI, SC, SD, TN, UT, VT, VA, WA,
WV and WI) were in regular session. The legislatures in seven states
(CT, FL, LA, MN, NC, OK and WY) have not yet convened. 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
Minors
Reporting
Parental Involvement
'Partial-Birth' Abortion
Physician-Only Requirements
Postviability Abortion
Private Insurance Coverage of Abortion
Protecting Access to Clinics
Public
Funding of Abortion
Reporting Statistical Information to State
Agencies
Stem-Cell and Embryo Research
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 to Dispense Contraception
State
Medicaid Family Planning Eligibility Expansions
See Also:
Youth:
Child Abuse Reporting
Refusal Clauses: Contraceptive Services
(See also General Medical Services)
Pregnancy
& Birth
Fetal
Assault
HIV
Testing of Infants and Pregnant Women
Infant
Abandonment
Infertility
Coverage
Substance Abuse During Pregnancy
Refusal
Clauses
Abortion Services
Contraceptive Services
General Medical Services
Youth
Child Abuse Reporting
Sex Education
See Also:
Abortion:
Minors Reporting
Abortion: Parental Involvement
Contraception & Prevention: Parental Involvement
ABORTION
See also:
CONTRACEPTION
& PREVENTION: Abortion-Related Restrictions on State Family
Planning Funds
REFUSAL CLAUSES
Introduced: 7states
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'Choose
Life' License Plate Revenue Used to Fund Crisis Pregnancy Centers
Introduced: 1 state
Click
here for current status of state policy
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Crisis
Pregnancy Centers/Alternatives to Abortion
Introduced: 2 states
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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: 7 states
States with further action
Committee
action: AZ and IN
Passed
at least one chamber: UT
Vetoed:
WI
In
January, the UTAH House passed a bill that would amend
the state's existing counseling law to require that, except in the
case of medical emergencies, women seeking an abortion who are at
least 20 weeks pregnant must be told about the availability of anesthesia
that can be administered directly to the fetus to help eliminate
pain. The bill is awaiting action in the Senate.
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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Women
Required to Receive State-Directed Counseling:
Introduced: 3 states
States with further action
Passed
at least one chamber: UT
Click
here for current status of state policy
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, which also includes a provision requiring
parental consent, is awaiting action in the Senate.
Requirements for State-Directed Counseling
Followed by a Waiting Period:
Introduced: 10 states
Click
here for current status of state policy
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Minors
Reporting Requirements
Introduced: 4 states
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Parental
Consent Requirements:
Introduced: 11 states
States with further action
Passed
at least one chamber: UT
Click
here for current status of state policy
In
January, the UTAH House passed 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.)
Consent could be waived with a judicial bypass or in cases of a
medical emergency. The measure also requires that the counseling
given to women include information concerning adoption. The measure
is currently awaiting action in the Senate.
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Parental Notification
Requirements:
Introduced: 11 states
Click
here for current status of state policy
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Introduced: 6 states
Click
here for current status of state policy
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Physician-Only
Requirements
Introduced: 6 states
States with further action
Committee
action: MS and VA
Passed
as least one chamber: OH
In
January , the OHIO House passed a bill that would prohibit
physician assistants from performing abortions or prescribing any
drug or device that induces abortion. The bill passed the Senate
in October 2005 and is awaiting action from Gov. Bob Taft (R).
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Introduced: 3 states
Click
here for current status of state policy
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Introduced: 1 state
Click
here for current status of state policy
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Introduced: 1 state
Click
here for current status of state policy
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Introduced: 2 states Click
here for current status of state policy
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Reporting
Statistical Information to State Agencies
Introduced: 2 states Click
here for current status of state policy
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Introduced: 15 states
States with further action
Committee
action: MS and VA
Passed
at least one chamber: DE
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.
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Targeted
Regulation of Abortion Providers
Introduced: 8 states
States with further action
Committee
action: VA
Passed
at least one chamber: SD
In
January, the SOUTH DAKOTA Senate passed a measure imposing
regulations of abortion clinics that are more onerous than those
imposed on other similar types of health care facilities. The new
measure allows for potential arbitrary control of the regulatory
process by the state Department of Health and higher application
fees. The measure is awaiting action in the House.
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CONTRACEPTION
& PREVENTION
See also:
REFUSAL
CLAUSES
YOUTH: Child Abuse Reporting
Introduced: 6 states
States with further action
Committee
action: VA
Click
here for current status of state policy
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Introduced: 5 states
States with further action Committee
action: SD
Enacted:
NJ
Click
here for current status of state policy
(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.
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Offering
Emergency Contraception Services to Sexual Assault Victims:
Introduced: 10 states
States with further action
Committee
action: SD
Click
here for current status of state policy
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Allowing
Pharmacists to Provide Emergency Contraception without a Prescription:
Introduced: 6 states
Click
here for current status of state policy
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Expanding
Access to Emergency Contraception:
Introduced: 1state
Click
here for current status of state policy
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Restricting
Access to Emergency Contraception:
Introduced:5 states
Click
here for current status of state policy
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Requiring
Pharmacists to Dispense Contraception
Introduced: 6 states
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HPV
Introduced: 3 states
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Introduced: 5 states
States with further action
Committee
action: MS and VA
Click
here for current status of state policy
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State
Medicaid Family Planning Eligibility Expansions
Introduced: 1 state
Click
here for current status of state policy
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PREGNANCY
& BIRTH
See also:
REFUSAL
CLAUSES
Introduced: 27 states
States with further action
Committee
action: IN, MS, NH and SD
Passed
at least one chamber: AL
In
January, the ALABAMA House passed a measure that would
amend 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 would be made for standard medical care provided with
the pregnant woman's consent. The measure is awaiting action in
the Senate.
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HIV
Testing of Infants and Pregnant Women
Introduced: 3 states
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Introduced: 6 states
Click
here for current status of state policy
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Infertility
Coverage
Introduced: 7 states
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Introduced: 10 states
Click
here for current status of state policy
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REFUSAL
CLAUSES
Allowing
Health Professionals to Refuse:
Introduced: 11 states
States with further action
Committee
action: SD
Click
here for current status of state policy
Allowing
Insurers to Refuse:
Introduced: 6 states
Click
here for current status of state policy
Allowing
Pharmacists to Refuse:
Introduced: 15 states
States with further action
Committee
action: SD
Click
here for current status of state policy
Allowing Facilities to
Refuse:
Introduced: 6 states
Click
here for current status of state policy
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Allowing Health Professionals
to Refuse:
Introduced: 9 states
States with further action
Committee
action: SD
Click
here for current status of state policy
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Allowing Pharmacists
to Refuse:
Introduced: 15 states
States with further action
Committee
action: SD
Click
here for current status of state policy
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Allowing Health Professionals
to Refuse:
Introduced: 7 states
States with further action
Committee
action: SD
Click
here for current status of state policy
Allowing Insurers to
Refuse:
Introduced: 5 states
Click
here for current status of state policy
Allowing Pharmacists
to Refuse:
Introduced: 10 states
States with further action
Committee
action: SD
Click
here for current status of state policy
Allowing Facilities to
Refuse:
Introduced: 6 states
Click
here for current status of state policy
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YOUTH
See also:
ABORTION: Parental Involvement
CONTRACEPTION & PREVENTION: Parental Involvement
Introduced: 7 states
States with further action
Committee
action: MS and VA
In
January, a three judge panel of the U.S. 10 th Circuit
Court of Appeals lifted a 2003 injunction barring enforcement of
KANSAS ' controversial statutory rape reporting law. As interpreted
by Kansas Attorney General Phill 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. Lawyers
are currently seeking a permanent injunction in federal District
Court.
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Provisions Requiring
Sex Education:
Introduced: 18 states
States with further action
Passed
at least one chamber: VA
Click
here for current status of state policy
In
January, the VIRGINIA House adopted a measure that would
require school-based sex education to “emphasize” abstinence. Curricula
would also be required to encourage students to “honor and respect
monogamous heterosexual marriage” and discuss the emotional and
psychological consequences of adolescent sexual activity. The measure
would give parents the option to remove their children from the
instruction. The measure is awaiting action in the Senate.
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Production of the State Update
is made possible by support from The David and Lucile Packard Foundation
and The John Merck Fund.
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