Monthly State Update:
MAJOR DEVELOPMENTS IN 2006
(as of 4/1/2006)
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 April, legislatures in 33 states (AL, AK, AZ, CA, CO,
CT, DE, FL, HI, ID, IL, IA, KS, KY, LA, ME, MA, MD, MI, MN, MO,
NE, NH, NJ, NY, OH, OK, PA, RI, SC, TN, VT and WI) were in regular
session. The North Carolina legislature has not yet convened. In
10 states (GA, IN, MS, NM, SD, UT, VA, WA, WV and WY) legislatures
have adjourned the regular session. Legislatures in six states (AR,
MT, NV, ND, OR and TX) will not meet in a regular session in 2006.
Jump to actions around:
Abortion
Abortion Bans to Replace Roe
'Choose
Life' License Plates
Crisis
Pregnancy Centers/Alternatives to Abortion
Fetal
Pain
Mandatory Counseling and Waiting Periods
Medication
Abortion
Minors
Reporting
Parental Involvement
'Partial-Birth' Abortion
Physician-Only Requirements
Postviability Abortion
Private Insurance Coverage of Abortion
Protecting
Access to Abortion
Protecting Access to Clinics
Public
Funding of Abortion
Reporting Statistical Information to State
Agencies
Stem-Cell and Embryo Research
Targeted
Regulation of Abortion Providers
See Also:
Contraception
and Prevention: Abortion-Related Restrictions on State Family Planning
Funds
Fetal
Assault
Refusal Clauses: Abortion Services (See
also General Medical Services)
Contraception
& Prevention
Abortion-Related Restrictions on State
Family Planning Funds
Contraceptive Coverage
Emergency Contraception
HPV
Parental
Involvement
Requiring
Pharmacists or Pharmacies to Dispense Contraception
State
Medicaid Family Planning Eligibility Expansions
See Also:
Youth:
Child Abuse Reporting
Refusal Clauses: Contraceptive Services
(See also General Medical Services)
Pregnancy
& Birth
Fetal
Assault
HIV
Testing of Infants and Pregnant Women
Infant
Abandonment
Infertility
Coverage
Substance Abuse During Pregnancy
Refusal
Clauses
Abortion Services
Contraceptive Services
General Medical Services
Youth
Child Abuse Reporting
Minors
Access to Reproductive Health
Sex Education
See Also:
Abortion:
Minors Reporting
Abortion: Parental Involvement
Contraception & Prevention: Parental Involvement
ABORTION
See also:
CONTRACEPTION
& PREVENTION: Abortion-Related Restrictions on State Family
Planning Funds
REFUSAL CLAUSES
Introduced: 12 states
States with further action
Passed
at least one chamber: MS and TN
Enacted:
SD
In
March, the MISSSISSIPPI House passed a bill that would
ban abortion in the state, except in cases of rape or incest, or
to save the life of the woman. The bill would also make the state
financially responsible for the medical and educational needs of
children, from birth to age 19, born to Mississippi women who receive
family counseling during their pregnancies and decide to carry the
pregnancy to term. The version of the bill that passed the Senate
in February would have amended the state's counseling law while
making no reference to an abortion ban. The two versions of the
bill could not be reconciled and it died in conference committee.
(ENACTED)
In March, Gov. Mike Rounds (R) of SOUTH DAKOTA signed a
bill that bans all abortion in the state except when necessary to
save the life of the woman. The bill passed the legislature in February
and will go into effect in July.
(ENACTED)
In March, Gov. Mike Rounds of SOUTH DAKOTA signed a bill
that establishes an "extraordinary litigation fund," including
a "life protection" sub-fund. The sub-fund will be used
to pay attorney fees, expert witness fees and other litigation costs
of defending the state's laws that govern abortion and contraception.
The bill passed the legislature in February.
In
March, the TENNESSEE Senate passed 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, which is pending
in the House, would have to be approved by a two-thirds majority
of both chambers of the General Assembly during the next session,
which begins in 2007, and then brought before voters in the form
of a ballot referendum.
Return
to the Top
'Choose
Life' License Plate Revenue Used to Fund Crisis Pregnancy Centers
Introduced: 4 states
States with further action
Committee
action: OK
Passed
at least one chamber: GA
Click
here for current status of state policy
In
March, the both houses of the GEORGIA legislature passed
a bill that would create "Choose Life" license plates.
The money generated by the license plates would be distributed to
groups that encourage women to consider adoption. The bill is awaiting
action by Gov. Sonny Perdue (R).
In
March, the Sixth Circuit Court of Appeals overturned a
lower court's decision that TENNESSEE'S "Choose Life"
license plates were unconstitutional. The court held that the "Choose
Life" license plate is protected by the First Amendment which
allow 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 ruling allows the plates, which were approved by the
legislature in 2003, to now go on sale. The proceeds from the plates
will go to organizations in Tennessee that promote alternatives
to abortion.
Return
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Crisis
Pregnancy Centers/Alternatives to Abortion
Introduced: 7 states
States with further action
Passed
at least one chamber: AZ, MO and OK
In
March, the ARIZONA House passed a bill that would appropriate
$500,000 from the state general fund to finance grants to nonprofit
agencies that provide assistance to women seeking alternatives to
abortion. The grants would be available only to agencies that provide
medically accurate information and do not promote or provide abortion
services or referrals. The bill is pending in the Senate.
In
March, the MISSOURI House passed a bill that would appropriate
$1.5 million dollars to fund alternative-to-abortion services. The
money would be available to agencies that provide information, counseling
and support services to encourage childbirth instead of abortion.
The money could not be used for any family planning services and
organizations that refer women to abortion providers or assist in,
promote or provide the procedure would not be eligible to receive
these funds. The bill is awaiting action in the Senate.
In
March, the OKLAHOMA House passed a bill that would create
the Alternatives-to-Abortion Services Revolving Fund from which
money would be distributed to nongovernmental agencies that provide
information, counseling and support services to encourage childbirth
instead of abortion. The bill is pending in the Senate.
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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: 11 states
States with further action
Committee
action: MO
Passed
at least one chamber: AZ, IN, OK and UT
Vetoed:
WI
In February,
the ARIZONA House passed a bill that would amend the state's current
counseling law to require that women seeking an abortion who are
at 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, which contains
an exception for medical emergencies, is pending in the Senate.
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 February,
the OKLAHOMA House passed a bill that would amend the state's current
counseling law to require that a woman having an abortion after
at least 20 weeks' gestation be given the option to review materials
that include information on the possibility of a fetus to feel pain
after that point in pregnancy. The woman would also be given the
option to have anesthesia administered directly to the fetus. The
bill is pending in the Senate.
In
March, the UTAH Senate defeated a bill that would have
amended the state's existing counseling law to require that, except
in the case of medical emergencies, a woman seeking an abortion
who is at least 20 weeks pregnant must be told that anesthesia may
be administered directly to the fetus to help eliminate pain. The
bill passed the House in January.
In January,
WISCONSIN Gov. Jim Doyle (D) vetoed a measure that would have amended
the state's current counseling law to require that women who are
seeking an abortion at least 20 weeks of gestation be told that
"the unborn child has the physical structures necessary to
experience pain" and that anesthesia may be administered directly
to the fetus to help eliminate any pain caused by the abortion.
The bill had passed the Senate in September
2005, and the Assembly in November.
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Women
Required to Receive State-Directed Counseling:
Introduced: 11 states
States with further action
Committee
action: KY
Passed
at least one chamber: GA, IN, MS, OK and UT
Enacted:
MI
Click
here for current status of state policy
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.
In
March, the INDIANA Senate removed a provision from pending
legislation that would have required a woman seeking an abortion
be told that a fetus may feel pain and that she has the option of
having anesthesia provided directly to the fetus if the procedure
takes place at least 20 weeks gestation. As passed in the Senate,
the bill would have required that, as part of abortion counseling,
women be told in writing about adoption the potential health risks
of abortion and that life begins at fertilization. The version that
passed the House in February included the fetal pain information
provision, as well as adoption information and definition of human
life. The two versions could not be reconciled and the bill died
in conference committee.
(ENACTED)
In March, Gov. Jennifer Granholm (D) of
MICHIGAN signed a measure that amends current counseling laws to
require a physician who performs an ultrasound on a patient prior
to an abortion to give her the opportunity to view the ultrasound
image and receive a hard copy of it. The measure passed the legislature
in 2005 and took effect immediately upon signing.
In February,
the MISSISSIPPI Senate passed a bill that would amend the state's
current counseling law to require a physician to perform an ultrasound
on a patient at least 24 hours prior to an abortion and give the
woman the opportunity to view the ultrasound image and/or receive
a hard copy of it. The measure is pending in the House of Representatives.
In
March, the OKLAHOMA House passed a bill that would amend
the state's counseling law to include that a woman seeking an abortion
be given information about the availability of ultrasound imaging
and be provided a list of agencies that provide this service. The
bill would also require a physician who performs an ultrasound on
a patient prior to an abortion to give her the opportunity to view
the ultrasound image and receive a hard copy of it. The bill is
pending in the Senate.
In January,
the UTAH House passed a measure that would amend the state's current
counseling law to require that the information given to women prior
to an abortion include a list of adoption agencies and information
on financial assistance that can be provided by adoptive parents.
The measure, 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: 13 states
States with further action
Committee
action: ID
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 is passed
the Senate in February.
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.
Return
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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.
Return
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Minors
Reporting Requirements
Introduced: 9 states
States with further action
Committee
action: MN and WV
Passed
at least one chamber: KS and OK
In
March, the KANSAS House passed a measure that would amend
the state's abortion laws concerning minors' access to abortion.
Current law requires someone over the age of 21 to accompany a minor
to her abortion counseling session. The measure would require that
person to show valid identification, state their relationship to
the minor and provide any information available as to the identity
of the father of the fetus. The minor would need to present valid
identification proving state of residence. In addition, the measure
would prohibit abortion clinic staff from aiding a minor during
the course of a judicial bypass of parental notice and institute
reporting requirements when a judicial bypass is obtained. The measure
is awaiting action in the Senate.
In February,
the OKLAHOMA House passed a measure mandating specific reporting
requirements for abortions involving minors. Physicians would need
to report the number of instances in which a parent is notified,
the number of abortions performed without notice being given and
the number of judicial bypasses granted. These statistics, with
personal information removed, would be made public once a year.
The measure is awaiting action in the Senate.
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Parental
Consent Requirements:
Introduced: 17 states
States with further action
Passed
at least one chamber: AZ and OK
Enacted:
UT
Click
here for current status of state policy
In
March, the ARIZONA House passed a measure that would amend
the state's parental involvement requirement for minors obtaining
an abortion. The measure would require notarized consent from a
parent before a physician could perform an abortion on a minor.
The measure is awaiting action in the Senate.
In
March, the ARIZONA House passed a measure that would amend
the state's parental involvement law for minors obtaining an abortion.
The measure delineates criteria a judge would be able to take into
account when considering a judicial waiver of parental consent for
a minor seeking an abortion. These factors would include the minor's
work experience, education level and experience handling major decisions.
The measure is awaiting action in the Senate.
In February, the OKLAHOMA
House passed a measure that would require a parent's consent before
a physician could perform an abortion on a minor. The consent would
be necessary in addition to Oklahoma 's current requirement for
parental notification. Neither notification nor consent would be
necessary in the case of a medical emergency or a judicial bypass,
as under current law. This measure would also allow for a physician
to perform an abortion without parental notification and consent
if the minor declares she is a victim of sexual abuse and a report
is made. The measure is awaiting action in the Senate.
(ENACTED)
In March, the UTAH legislature passed, and Gov. John Huntsman
(R) signed, a measure requiring abortion providers to obtain parental
consent before performing an abortion on a minor. (State law would
continue to require providers to notify one of the minor's parents
24 hours before the procedure, as well.) The measure passed the
House in January and
will go into effect May 1 of this year.
Return
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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. The measure
is awaiting action in the Senate.
In
March, the WEST VIRGINIA Senate passed, and the House subsequently
killed, a measure that would amend that state's law requiring parental
notification before a minor obtains an abortion. The measure would
have removed a provision from the state's law that allows a physician
to waive notification if the minor is sufficiently mature. The bill
would also have added additional reporting requirements.
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Introduced: 6 states
Click
here for current status of state policy
Return
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Physician-Only
Requirements
Introduced: 7 states
States with further action
Committee
action: MS and VA
Enacted:
OH
(ENACTED)
In February, OHIO Gov. Bob Taft (R) signed a measure that would
prohibit physician assistants from performing an abortion or prescribing
a drug that would induce an abortion. The bill passed the Senate
in October 2005 and the House of Representatives in January.
Return to
the Top
Introduced: 6 states
Click
here for current status of state policy
Return
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Introduced: 3 states
State with further action
Passed
at least one chamber: AZ
Click
here for current status of state policy
In
March, the ARIZONA Senate passed a bill that would prohibit
public funds from being used to pay for abortion or for insurance
that covers abortion except in cases where the woman's life or health
are at risk. The bill is pending in the House.
Return
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Protecting
Access to Abortion
Introduced: 4 states
States with further action
Committee
action: NY
Passed
at least one chamber: HI
In
March, the HAWAII House passed a bill that would prohibit
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 also repeal the requirement that a
woman receiving an abortion be a resident of the state and 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 is pending in the Senate.
Return
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Introduced: 4 states
State with further action
Enacted:
WA
Click
here for current status of state policy
(ENACTED)
In March, WASHINGTON Gov. Christine Gregoire (D)
signed a measure that prohibits insurance companies from canceling,
refusing to renew or changing the terms of an insurance policy for
a health care facility or provider that is the victim of arson or
vandalism. The bill passed the legislature in February.
Return
to the Top
Introduced: 10 states
States with further action
Committee
action: MN
Passed
at least one chamber: MD 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. The bill is pending in
the House.
In
March, the VIRGINIA Senate adopted the state budget that
would limit Medicaid coverage of abortion services in cases of life
endangerment, rape and incest. Currently Virginia also provides
Medicaid coverage in cases of fetal abnormality and where the woman's
health is threatened. The Senate-passed version also included a
provision to direct the state to apply for federal approval to expand
eligibility for Medicaid coverage of family planning services to
individuals with a family income up to 133% of the federal poverty
level. However, neither provision is included in the budget that
is being considered during a special session.
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Reporting
Statistical Information to State Agencies
Introduced: 5 states
States with further action
Committee action: WV
Passed at least one chamber:
KS and VA
Click
here for current status of state policy
In
March, the KANSAS House amended and passed a measure that
would establish certain reporting requirements for physicians performing
abortions. Under the House version, physicians would need to report
information concerning abortions performed after 22 weeks' gestation,
and all abortion reporting would need to include any fetal abnormalities
uncovered. The Senate version, which passed in February,
would require abortion reports to include any physical or mental
disabilities on the part of the pregnant woman, as well. The measure
is awaiting concurrence in the Senate.
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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Introduced: 24 states
States with further action
Committee
action: FL, MD, MO and WI
Passed
at least one chamber: AZ, DE, GA, MD, MS, NY and VA
In
March, the ARIZONA House passed a measure regarding the
sale and purchase of fetal matter. The measure would prohibit either
the selling or purchasing of a human oocyte. Reimbursement costs
associated with the donation of an oocyte for in vitro fertilization
would be exempted. The measure is awaiting action in the Senate.
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.
In
March, the GEORGIA Senate passed a measure that would create
a Newborn Umbilical Cord Blood Initiative. The initiative would
establish a cord blood bank for collecting and storing cord blood
for therapeutic and research purposes. The initiative would also
seek to raise awareness of cord blood donation possibilities among
pregnant women. No further action is expected since the legislature
has adjourned its regular session.
In
March, the MARYLAND House and Senate each passed a measure
that would create the Maryland Stem Cell Fund and Commission to
promote stem cell research in that state. The House measure would
allocate $25 million per year to be distributed in grants and loans
by the commission to approved research organizations. 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 Senate measure does not
specify particular funding amounts and does not place a priority
on embryonic stem cell research. The House measure is awaiting action
in the Senate while the Senate measure passed the House and is expected
to be signed by Gov. Bob Ehrlich (R).
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
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.
In
March, the VIRGINIA Senate and House passed separate measures
creating a Virginia Cord Blood Initiative to collect, screen and
store umbilical cord blood. In addition, the two measures would
promote umbilical cord donation awareness among health care providers
and pregnant women. Each measure was enrolled in its respective
chamber in February and
is awaiting action by Gov. Tim Kaine (D).
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Targeted
Regulation of Abortion Providers
Introduced: 11 states
States with further action
Passed
at least one chamber: IN, KS and VA
Enacted:
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. The measure is awaiting action in the
Senate.
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 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: 9 states
States with further action
Committee
action: MI, PA and VA
Passed
at least one chamber: MO
Enacted:
CO
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
March, the MISSOURI House adopted the state budget for
health services, which includes a provision that would prohibit
funds allotted for women's health services from being used for services
or referrals related to family planning and abortion. The funds
could be used for cancer screening and sexually transmitted disease
testing. The funds could not be allocated to an organization or
affiliate of an organization that provides or refers for abortion.
The bill would also allocate funds for alternatives-to-abortion
services. The measure is awaiting action in the Senate.
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Introduced: 7 states
States with further action
Committee
action: SD and UT
Enacted:
NJ
Click
here for current status of state policy
In
March, MONTANA Attorney General Mike McGrath (D) issued
an opinion requiring health plans that provide coverage of prescription
drugs to also cover contraception. The opinion held that under the
state's unisex insurance law and human rights act, exclusion of
contraceptives in health plans is sex discrimination.
(ENACTED)
In January, NEW JERSEY Acting Gov. Dick Codey (D) signed a
bill that requires health benefit plans that cover outpatient prescription
drugs to include coverage of prescription contraceptives. A religious
employer can be exempted from the requirement if the objection is
based on bona fide religious beliefs and the organization is a church,
association of churches or a religiously sponsored school. Exempted
organizations must notify employees of the refusal. In 2005, the
bill passed the Senate in June and the Assembly in December.
In January,
a NEW YORK appeals court rejected a challenge to the state's contraceptive
coverage mandate based on its provisions allowing certain religious
employers to refuse to provide the coverage. The law was challenged
by religiously-affiliated organizations who claimed that the existing
exemption was too narrow and as such violated federal and state
constitutional protections for religion. The court held that the
law does not violate religious rights because it is designed to
increase women's access to health care services and not impinge
on religion. The religious organizations plan to appeal to the state's
highest court.
In
March, the UTAH Senate defeated a bill that would have
required health plans that cover prescription drugs to also cover
prescription drugs for contraception. The measure would have permitted
religious employers to refuse coverage if the employer had as its
major purpose the inculcation of religious values, primarily employed
and served people who shared those values and was a church or religious
order as defined by the federal government.
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Offering
Emergency Contraception Services to Sexual Assault Victims:
Introduced: 12 states
States with further action
Committee
action: CT, HI and SD
Click
here for current status of state policy
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Allowing
Pharmacists to Provide Emergency Contraception without a Prescription:
Introduced: 7 states
States with further action
Committee
action: MD
Passed
at least one chamber: CO and NY
Enacted:
VT
Click
here for current status of state policy
In
March, the COLORADO Senate adopted a measure that would
give pharmacists prescribing authority for emergency contraception.
The bill specifically excludes medication abortion from the definition
of emergency contraception. It passed the House in February and
is awaiting action by Gov. Bill Owens (R).
In
March, the MARYLAND Senate defeated a measure that would
have allowed pharmacists to dispense emergency contraception without
a physician prescription as long as the pharmacist had entered into
an agreement with the state.
In February,
the NEW YORK Assembly passed a measure that would allow pharmacists
and registered nurses to dispense emergency contraceptives without
a prescription if acting under an agreement with a physician, nurse
practitioner or licensed midwife. The pharmacist would have
to complete training on emergency contraception and provide clients
with a fact sheet that would be developed by the state Department
of Health. This measure is identical to another bill that was vetoed
last year by Gov. George Pataki (R).
(ENACTED)
In March, VERMONT Gov. Jim Douglas (D) signed egislation
that allows a pharmacist to dispense emergency contraception within
a collaborative practice agreement with a physician. The measure
requires the state to develop standards for the agreements, dispensing
procedures for the pharmacist and informational materials to be
provided to patients. A pharmacist must undergo training on emergency
contraception. The bill, which passed the House in May 2005, passed
the Senate in March 2006.
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Expanding
Access to Emergency Contraception:
Introduced: 4 states
Click
here for current status of state policy
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Restricting
Access to Emergency Contraception:
Introduced: 7 states
States with further action
Committee
action: AZ, IL and NH
Click
here for current status of state policy
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Requiring
Pharmacists or Pharmacies to Dispense Contraception
Introduced: 10 states
State with further action
Commitee
action: 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
State with further action
Enacted:
WV
(ENACTED)
In March, WEST VIRGINIA Gov. Joe Manchin (D) signed legislation
that requires health plans to cover both conventional and Thin Prep
pap tests and HPV tests for women who are at least 18 years of age.
The previous law only required that pap smears be covered by health
plans. The bill passed both chambers of the West Virginia General
Assembly in March.
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Introduced: 11 states
States with further action
Committee
action: AZ, MS and VA
Click
here for current status of state policy
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State
Medicaid Family Planning Eligibility Expansions
Introduced: 3 states
States with further action
Committee
action: WI
Passed
at least one chamber: VA
Click
here for current status of state policy
In
March, the VIRGINIA Senate adopted the state budget that
would have directed the state to apply for federal approval to expand
eligibility for Medicaid coverage of family planning services to
individuals with a family income up to 133% of the federal poverty
level. Currently the program only applies to women who have had
a Medicaid-funded delivery. The bill also included a provision that
would limit Medicaid-funded abortion. However, neither provision
is included in the budget that is being considered during a special
session.
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PREGNANCY
& BIRTH
See also:
REFUSAL
CLAUSES
Introduced: 31 states
States with further action
Committee
action: CA, HI, IN, MS, NH and SD
Passed
at least one chamber: AL, GA, OK and SC
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.
In
March, the GEORGIA legislature passed a measure that would
amend the state's laws relating to fetal assault. The Senate-passed
measure, which was introduced as an abortion counseling and parental
involvement measure, would create the crime of voluntary manslaughter
of an unborn child, make small amendments to the state's feticide
laws and increase the penalty for an assault on a pregnant woman.
The measure would include exceptions for abortion. The version amended
in the House would include an exception for actions taken by the
pregnant woman. The Senate concurred with the House amendments and
the measure is awaiting action by Gov. Sonny Perdue (R).
In
March, the OKLAHOMA House passed a measure that would amend
the state's criminal code. The measure would define a fetus as a
human being for purposes of the state's homicide laws. The measure
would not apply to legal abortions, medical procedures or acts taken
by the pregnant woman. The measure is awaiting action in the Senate.
In
March, the SOUTH CAROLINA Senate passed a measure that
would create a separate crime for the injury or death of a fetus.
Standard penalties would apply, except that killing a fetus could
not be tried as a capital crime. Exceptions are included for abortions,
medical treatments and actions taken by the pregnant woman. The
measure is awaiting action in the House.
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HIV
Testing of Infants and Pregnant Women
Introduced: 3 states
States with further action
Passed
at least one chamber: IL and NJ
In
March, the ILLINOIS Senate adopted a measure that would
require that newborns be tested for HIV. While a pregnant woman
would be able to decline to be tested throughout her pregnancy,
a newborn would be tested if the woman's HIV status were unknown.
The bill is awaiting action by Gov. Rod Blagojevich (D).
In
March, the NEW JERSEY Assembly adopted a measure that would
amend the state's statute on HIV testing for pregnant and postpartum
women. Current law requires that women who test positive for HIV
receive notification of the results as well as counseling when needed.
Under the measure, pregnant and postpartum women with positive HIV
test results will receive information about prenatal care to reduce
the possibility of HIV transmission to the fetus or infant. The
measure is awaiting action in the Senate.
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Introduced: 9 states
States with further action
Committee
action: MN and WA
Passed
at least one chamber: HI, IL, SC and VT
Click
here for current status of state policy
In
March, each chamber of the HAWAII legislature passed a
measure that would allow a person to leave an infant younger than
72 hours with personnel at a hospital, fire station or police station.
The bill is awaiting action by Gov. Linda Lingle (R).
In
March, the ILLINOIS House adopted a measure that would
allow state-designated churches to accept an infant abandoned by
a parent. Current law allows a parent to leave an infant younger
than 72 hours at a hospital, fire or police station, emergency medical
facility or trauma center. The measure is awaiting action by the
Senate.
In
March, the SOUTH CAROLINA House passed a measure that would
amend the state's infant abandonment law. The bill would expand
the types of facilities that could accept an infant to include a
law enforcement agency, a fire station, an emergency medical services
station or any staffed house of worship. Current law allows an infant
to be left only at a hospital or hospital outpatient facility. The
bill is awaiting action in the Senate.
In
March, the VERMONT Senate adopted a measure that would
provide immunity to a person who leaves an infant younger than 30
days with an employee or volunteer of a fire station, police station,
health care facility or church that the person leaving the infant
attends, or through the 911 emergency system. The bill passed the
House in April 2005 and is awaiting action by Gov. Jim Douglas (D).
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Infertility
Coverage
Introduced: 9 states
States with further action:
Committee
action: NH and RI
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Introduced: 16 states
States with further action
Committee
action: HI, MN and MO
Passed
at least one chamber: AK, HI and ID
Click
here for current status of state policy
In
March, the Alaska House adopted a bill that would require
health care providers to report to the state if a newborn is adversely
affected or experiencing withdrawal from a controlled substance
or alcohol. The bill is awaiting action in the Senate.
In
March, each chamber of the HAWAII legislature passed a
measure that would establish a pilot program on Oahu to provide
substance abuse services to drug addicts. Part of the program would
provide prenatal delivery and postpartum care, as well as substance
abuse and other social services, to pregnant women who have a history
of drug abuse.
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.
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REFUSAL
CLAUSES
Allowing
Health Professionals to Refuse:
Introduced: 13 states
States with further action
Committee
action: MO and SD
Click
here for current status of state policy
Allowing
Insurers to Refuse:
Introduced: 8 states
States with further action
Committee
action: MI and MO
Click
here for current status of state policy
Allowing
Pharmacists to Refuse:
Introduced: 18 states
States with further action
Committee
action: MO and SD
Passed
at least one chamber: GA and OK
Click
here for current status of state policy
In
March, the GEORGIA House defeated a measure that would
have allowed a pharmacist to refuse to fill any prescription on
moral or religious grounds if the pharmacist “believes” the drug
would have the effect, or possible effect, of terminating a pregnancy.
The language of the bill was broad enough to include contraceptive
prescriptions.
In
March, the GEORIGA Senate adopted two measures that would
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. One measure died at the
end of session, while the other is awaiting action by Gov. Sonny
Perdue (R).
In
March, the OKLAHOMA House passed a bill that would allow
a pharmacist to refuse to fill any prescription if the pharmacist
“believes” that the drug would cause an abortion. The language is
broad enough to include contraceptive prescriptions. The measure
is awaiting action in the Senate.
Allowing Facilities to
Refuse:
Introduced: 9 states
State with further action
Committee
action: MO
Click
here for current status of state policy
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Allowing Health Professionals
to Refuse:
Introduced: 10 states
States with further action
Committee
action: MO and SD
Click
here for current status of state policy
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Allowing Pharmacies to
Refuse:
Introduced: 9 states
States with further action
Committee
action: MO and SD
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Allowing Pharmacists
to Refuse:
Introduced: 18 states
States with further action
Committee
action: IL, MO, NH and SD
Passed
at least one chamber: GA and OK
Click
here for current status of state policy
In March,
the GEORGIA House defeated a measure that would have allowed a pharmacist
to refuse to fill any prescription on moral or religious grounds
if the pharmacist "believes" the drug would have the effect,
or possible effect, of terminating a pregnancy. The language of
the bill was broad enough to include contraceptive prescriptions.
In March,
the OKLAHOMA House passed a bill that would allow a pharmacist to
refuse to fill any prescription if the pharmacist "believes"
that the drug would cause an abortion. The language is broad enough
to include contraceptive prescriptions. The measure is awaiting
action in the Senate.
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Allowing Health Professionals
to Refuse:
Introduced: 9 states
States with further action
Committee
action: MO and SD
Click
here for current status of state policy
Allowing Insurers to
Refuse:
Introduced: 7 states
State with further action
Committee
action: MI
Click
here for current status of state policy
Allowing Pharmacists
to Refuse:
Introduced: 11 states
States with further action
Committee
action: MO and SD
Click
here for current status of state policy
Allowing Facilities to
Refuse:
Introduced: 9 states
State with further action
Committee
action: MO
Click
here for current status of state policy
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YOUTH
See also:
ABORTION: Parental Involvement
CONTRACEPTION & PREVENTION: Parental Involvement
Introduced: 15 states
States with further action
Committee
action: CA, GA and VA
Passed
at least one chamber: ID, KY, MS and TN
In
March, the IDAHO legislature passed a measure that would
exempt certain perpetrators from having to register as sex offenders.
The measure would excuse 19 or 20 year olds convicted of statutory
rape (with a minor not more than 3 years their younger) from having
to register as sex offenders. In addition, all parties would
have to agree to the exemption or a judge would have to find that
the defendant would not pose a risk of committing another sexual
assault. The measure is awaiting the Governor's signature.
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.
In February,
the KENTUCKY House passed a measure that would expand 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 is awaiting action in the Senate.
In
March, the MISSOURI Senate passed a measure that would
mandate reporting of statutory rape. Any health care professional
involved in a pregnancy or abortion with evidence of statutory rape
or sexual assault of a minor would be required to report the offense.
The measure is awaiting action in the House.
In
March, the TENNESSEE Senate passed a measure that would
regulate physicians' duties when performing an abortion on a minor.
Under the measure, physicians would be required to preserve fetal
tissue from an abortion performed on a minor under the age of 13.
The fetal tissue would then have to be turned over to the Tennessee
Bureau of Investigation along with a report including the minor's
name, address and legal guardian. The measure is awaiting action
in the House.
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Minors
Access to Reproductive Healthcare
Introduced: 12 states
States with further action
Passed
at least one chamber: CO and HI
Click
here for current status of state policy
In
March, the COLORADO legislature passed a measure relating
to minors' rights. The House version of the measure allows a pregnant
minor to consent to prenatal, delivery and post-delivery medical
care. The version passed in the Senate specifies that all such care
must be related to the live birth of a child. The measure is awaiting
concurrence in the House.
In
March, the HAWAII Senate passed a measure that would grant
greater reproductive health rights to minors. The measure would
allow minors to consent to STI, pregnancy and family planning services;
it would specifically prohibit the imposition of parental consent
requirements. The measure is awaiting action in the House.
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Provisions Requiring
Sex Education:
Introduced: 27 states
States with further action
Committee
action: GA, IL, MA, MI, MO and NH
Passed
at least one chamber: HI, MS, SD, UT, VA and WI
Click
here for current status of state policy
In
March, both chambers of the HAWAII legislature passed measures
that would require sex education and pregnancy counseling funded
with state dollars to be medically accurate and age-appropriate.
In
March, the KANSAS Board of Education adopted a provision
that requires parental consent before a student takes part in a
class on sex education. Previously parents could remove students
from the instruction.
In February,
a committee in the MISSISSIPPI House defeated a measure that would
have required students to receive abstinence education and information
on fetal development. The purpose of instruction on fetal development
was to provide a "better understanding of the relationship
between the mother and her unborn fetus." Currently, school
districts in the state have the option of providing abstinence education.
The bill passed the Senate in February.
In February,
a committee in the SOUTH DAKOTA Senate defeated a measure that would
have amended the state's requirements for abstinence education,
which is a mandatory component of the required character education.
The bill specifically would have prohibited instruction on contraception;
it passed the House in February.
In February,
a committee in the SOUTH DAKOTA Senate defeated a measure that would
have prohibited the distribution of contraceptives and abortifacients
on school grounds. It passed the House in February.
In
March, a UTAH House committee defeated a measure that would
have set guidelines for school boards to follow when authorizing
a school club or allowing a club to use school facilities. Criteria
for denial include clubs with activities that "involve human
sexuality" by presenting information that violates sex education
laws, discussing sex outside of legal marriage or in a manner that
is prohibited by state law, or discussing contraception. The bill
passed the Senate in February.
In
March, a VIRGINIA Senate committee defeated a measure that
would have required school-based sex education to "emphasize"
abstinence. Curricula would have also been required to encourage
students to "honor and respect monogamous heterosexual marriage"
and to discuss the emotional and psychological consequences of adolescent
sexual activity. The measure would have given parents the option
to remove their children from the instruction. The bill passed the
House in January.
In
March, a VIRGINIA Senate committee defeated a measure that
would have allowed local school boards to prohibit school facilities
from being used by any student club or group that encourages or
promotes sexual activity by unmarried minor students. The bill passed
the House in January.
In
March, the WISCONSIN Assembly adopted a measure that would
require that all sex education provided in the state devote more
time to abstinence than other behaviors, teach that abstinence before
marriage is the preferred behavior and emphasize that abstinence
from sexual activity is the most effective way to prevent pregnancy
and sexually transmitted disease. The bill passed the Senate in
September 2005.
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Production of the State Update
is made possible by support from The David and Lucile Packard Foundation
and The John Merck Fund.
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