Monthly State Update:
MAJOR DEVELOPMENTS IN 2006
(as of 7/1/2006)
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 July, legislatures in 11 states (CA, IL, ME, MA, MI,
NJ, NY, NC, OH, PA, and WI) were in regular session. In 33 states
(AL, AK, AZ, CO, CT, DE, FL, GA, HI, ID, IN, IA, KS, KY, LA, MD,
MN, MS, MO, NE, NH, NM, 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
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
Passed
at least one chamber: LA, MO and PA
Enacted:
AZ, MO and OK
(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.
In
June, both chambers of the LOUISIANA legislature agreed
to a final version of the state budget. The bill includes $1 million
for programs providing alternatives to abortion. The measure is
awaiting action by Gov. Kathleen Blanco (D).
(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.
In May,
both chambers of the MISSOURI legislature agreed to a final version
of a measure that would establish a tax credit for donations to
crisis pregnancy centers. Missourians would be allowed to receive
a tax credit worth 50% of the donation to the crisis pregnancy center
on their state taxes. Under the measure, the Department of Social
Services would identify the organizations eligible for the donations;
organizations that provide abortion services or abortion referrals
would not be eligible. The bill had originally passed the House
in April and the Senate in May.
The measure is awaiting action by Gov. Matt Blunt (R).
(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, the PENNSYLVANIA legislature adopted the final version
of the budget which includes $4,519,000 in state funds and another
$1 million in TANF 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 bill is
awaiting action by Gov. Ed Rendell (D).
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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, 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.
(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
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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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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Introduced: 6 states
Click
here for current status of state policy
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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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Introduced: 5 states
States with further action
Passed
at least one chamber: CA
Enacted:
WA
Click
here for current status of state policy
In May,
the CALIFORNIA Assembly 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 is
awaiting action in the Senate.
(ENACTED)
In March, WASHINGTON Gov. Christine Gregoire (D) signed a measure
that prohibits insurance companies from canceling, refusing to renew
or changing the terms of an insurance policy for a health care facility
or provider that is the victim of arson or vandalism. The bill passed
the legislature in February.
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Introduced: 10 states
States with further action
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: 3 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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Introduced: 27 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
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
Introduced: 12 states
States with further action
Passed
at least one chamber: MO and PA
Enacted:
CO and OH
Click
here for current status of state policy
(ENACTED)
In February, COLORADO Gov. Bill Owens (R) signed an appropriation
bill for the Department of Public Health and Environment that continues
the state's policy of prohibiting state family planning funds from
going to organizations that provide abortion services with their
own funds. The measure passed both chambers of the legislature in
February.
In April,
as part of passing a state budget for health services, the MISSOURI
Senate eliminated a program for women's health services but retained
funds for alternatives-to-abortion services. As established by the
legislature, program funds could not be used for services or referrals
related to family planning and abortion. The funds could not be
allocated to an organization or affiliate of an organization that
provides or refers for abortion. The measure is awaiting action
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.
In
June, both chambers of the PENNSYLVANIA legislature adopted
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. It
is awaiting action by Gov. Ed Rendell (D).
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Introduced: 9 states
States with further action
Enacted:
NJ
Click
here for current status of state policy
In March,
MONTANA Attorney General Mike McGrath (D) issued an opinion requiring
health plans that provide coverage of prescription drugs to also
cover contraception. The opinion held that under the state's unisex
insurance law and human rights act, exclusion of contraceptives
in health plans is sex discrimination.
(ENACTED)
In January, NEW JERSEY Acting Gov. Dick Codey (D) signed a
bill that requires health benefit plans that cover outpatient prescription
drugs to include coverage of prescription contraceptives. A religious
employer can be exempted from the requirement if the objection is
based on bona fide religious beliefs and the organization is a church,
association of churches or a religiously sponsored school. Exempted
organizations must notify employees of the refusal. In 2005, the
bill passed the Senate in June and the Assembly in December.
In January,
a NEW YORK appeals court rejected a challenge to the state's contraceptive
coverage mandate based on its provisions allowing certain religious
employers to refuse to provide the coverage. The law was challenged
by religiously-affiliated organizations who claimed that the existing
exemption was too narrow and as such violated federal and state
constitutional protections for religion. The court held that the
law does not violate religious rights because it is designed to
increase women's access to health care services and not impinge
on religion. The religious organizations plan to appeal to the state's
highest court.
In March,
the UTAH Senate defeated a bill that would have required health
plans that cover prescription drugs to also cover prescription drugs
for contraception. The measure would have permitted religious employers
to refuse coverage if the employer had as its major purpose the
inculcation of religious values, primarily employed and served people
who shared those values and was a church or religious order as defined
by the federal government.
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Offering
Emergency Contraception Services to Sexual Assault Victims:
Introduced: 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
Committee
action: IL and MD
Passed
at least one chamber: NY
Enacted:
VT
Vetoed:
CO
Click
here for current status of state policy
In April,
COLORADO Gov. Bill Owens (R) vetoed a bill that would have given
pharmacists prescribing authority for emergency contraception. The
bill specifically excluded medication abortion from the definition
of emergency contraception. It passed the House in February and
the Senate in March.
In March,
the MARYLAND Senate defeated a measure that would have allowed pharmacists
to dispense emergency contraception without a physician prescription
as long as the pharmacist had entered into an agreement with the
state.
In February,
the NEW YORK Assembly passed a measure that would allow pharmacists
and registered nurses to dispense emergency contraceptives without
a prescription if acting under an agreement with a physician, nurse
practitioner or licensed midwife. The pharmacist would have
to complete training on emergency contraception and provide clients
with a fact sheet that would be developed by the state Department
of Health. This measure is identical to another bill that was vetoed
last year by Gov. George Pataki (R).
(ENACTED)
In March, VERMONT Gov. Jim Douglas (D) signed 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 May,
the CALIFORNIA Senate 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 the Assembly.
(ENACTED)
In March, WEST VIRGINIA Gov. Joe Manchin (D) signed legislation
that requires health plans to cover both conventional and Thin Prep
pap tests and HPV tests for women who are at least 18 years of age.
The previous law only required that pap smears be covered by health
plans. The bill passed both chambers of the West Virginia General
Assembly in March.
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Introduced: 11 states
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
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: DE and NJ
Enacted:
IL
In
June, both chambers of the DELAWARE legislature adopted
a measure that would require 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 is awaiting
action by Gov. Ruth Ann Minner (D).
(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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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
May, the CALIFORNIA Assembly 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 bill is
awaiting action in the Senate.
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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
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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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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to the Top
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
Return
to the Top
YOUTH
See also:
ABORTION: Parental Involvement
CONTRACEPTION & PREVENTION: Parental Involvement
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
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