Advancing Sexual and Reproductive Health and Rights
 

Monthly State Update:
MAJOR DEVELOPMENTS IN 2007

(as of 05/01/2007)

This update provides information on legislation, as well as relevant executive branch actions and judicial decisions in states across the country. For each of the topics listed below, the number of states in which legislation has been introduced is given, as are the names of the states in which subsequent action has been taken. Detailed summaries are provided for legislation that has been passed by at least one house of a legislature and for major court decisions; actions for the current month are in bold. For an archive of previous monthly updates, click here.  

As of the beginning of May, legislatures in 33 states (AL, AK, AZ, CA, CO, CT, DE, FL, HI, IL, KS, LA, ME, MA, MI, MN, MO, NE, NV, NH, NJ, NY, NC, OH, OK, OR, PA, RI, SC, TN, TX, VT and WI) were in regular session.  Seventeen legislatures (AR, GA, ID, IN, IA, KY, MD, MS, MT, NM, ND, SD, UT, VA, WA, WV and WY) have adjourned their regular sessions.

For a state-by-state chart of legislation enacted in 2007, click here.

 

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

Medical Emergency Exception in Abortion Law

Medication Abortion

Minors Reporting
Parental Involvement
'Partial-Birth' Abortion
Physician-Only Requirements
Postviability Abortion
Private Insurance Coverage of Abortion

Prohibiting Forcing a Woman to Have an 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

State Participation in Abortion
Stem-Cell and Embryo Research

Targeted Regulation of Abortion Providers
See Also:

Contraception and Prevention: Abortion-Related Restrictions on State Family Planning FundsFetal 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: Insurance Coverage

HPV: School Entry Requirements

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

Stillborn Certificates
Substance Abuse During Pregnancy

Refusal Clauses
Abortion Services
Contraceptive Services
General Medical Services

 

Youth
Child Abuse Reporting

Minors Access to Reproductive Health
Sex Education
See Also:

Abortion: Minors Reporting
Abortion: Parental Involvement
Contraception & Prevention: Parental Involvement

 

ABORTION

See also:

CONTRACEPTION & PREVENTION: Abortion-Related Restrictions on State Family Planning Funds
REFUSAL CLAUSES

Abortion Bans to Replace Roe

Click here for current status of state policy

Introduced in 11 states

Bill Status:

Passed at least one chamber in ND, SD, UT and VA

Enacted in MS

MISSISSIPPI: (ENACTED) In March, Gov. Haley Barbour (R) signed an omnibus abortion bill. The measure would ban abortion except in cases of life endangerment or rape if Roe v. Wade were overturned. The measure—which would also amend the state’s parental consent requirement, institute expensive clinic mandates and amend counseling procedures—passed the legislature in February.

MISSISSIPPI: In February, a committee in the House defeated a measure that would have banned abortion except when the woman’s life is endangered or the pregnancy was the result of rape or incest. The measure passed the Senate in February.

NORTH DAKOTA: In April, the legislature passed a measure that would make performing an abortion a felony if Roe v. Wade is overturned. Although the measure does not include any exceptions, it would explicitly permit a physician to avoid conviction if the procedure had been performed because the woman’s life had been endangered or if the pregnancy was the result of rape or incest. The bill is awaiting action from Gov. John Hoeven (R).

SOUTH DAKOTA: In February, a committee in the Senate defeated a measure that would have banned abortion except in cases of life endangerment, rape, incest or substantial threat to one of the woman’s major bodily functions. The bill passed the House in February.

UTAH: In February, the legislature defeated a measure that would have banned abortion if Roe v. Wade were overturned. The bill would have allowed abortion in cases of life endangerment, rape, incest or substantial threat to one of the woman’s major bodily functions. 

VIRGINIA: In February, a committee in the Senate defeated a measure that would have prohibited a pregnant woman from attempting to cause a miscarriage or induce an abortion in an attempt to terminate her pregnancy. The bill passed the House passed in February.

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'Choose Life' License Plate Revenue Used to Fund Crisis Pregnancy Centers

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Introduced in 4 states

ILLINOIS: In January, a federal judge ordered the state to allow “Choose Life” license plates as an option for motorists in the state. The production and disbursement of the plates are in abeyance pending an appeal.

PENNSYLVANIA: In February, the state began offering “Choose Life” license plates to motorists in the state. The proceeds from these specialty plates will be used to fund adoption and alternatives-to-abortion services.

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Crisis Pregnancy Centers/Alternatives to Abortion

Introduced in 14 states

Bill Status:

Passed at least one chamber in KS, MO, OK and TX

Enacted in ND

KANSAS: In March, each chamber of the legislature passed nearly identical measures that would appropriate state funds to the "Pregnancy Maintenance Initiative" which funds alternatives to abortion services.  The measures are each awaiting action in the opposite chamber.

MISSOURI: In April, the legislature passed a measure that would allocate funds to provide alternatives to abortion for women at or below 200% of the federal poverty level. The program would offer a range of services to a woman during her pregnancy and for one year following birth. Program funding could not be used for services related to family planning or abortion, and could not be provided to organizations that offer abortions or abortion referrals. The bill is currently in conference committee.

MISSOURI: In April, the House passed a measure that would establish an alternatives-to-abortion program that would offer a range of services to women during pregnancy and for one year following birth. Program funding could not be used for services related to family planning or abortion, nor could they be disbursed to organizations that offer abortions or abortion referrals. The measure, which also includes provisions related to clinic licensing, sex education and amending the definition of medical emergency for purposes of the state’s abortion law, is awaiting action in the Senate.

NORTH DAKOTA: (ENACTED) In April, Gov. John Hoeven (R) signed into law a measure that funds alternatives-to-abortion services and related public education activities. The law goes into effect July 1, 2007.

OKLAHOMA: In April, the legislature passed two measures that would require the Department of Health to disburse monies to an alternatives-to-abortion fund. The measures are in conference committees.

TEXAS: In April, the Senate passed a measure allocating $2.5 million for alternatives-to-abortion programs. The measure also amends the state’s restrictions on family planning funds. The measure, which passed the House in March, is now in conference committee.

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Fetal Pain

Click here for the current status of state policy

Introduced in 9 states (These bills overlap with bills in the Mandatory Counseling and Waiting Period category.)

Bill Status:

Passed at least one chamber in KY and VA

KENTUCKY: In March, the House adopted a measure that would require state-developed abortion counseling materials to include an unscientific statement on fetal pain. Under the measure, the materials state that, at 20 weeks, a fetus has the "physical structures necessary to experience pain," and that fetuses after 20 weeks’ gestation avoid stimuli in a manner that is similar to the avoidance of pain by a person or infant. The bill failed to pass the House before the legislature adjourned its regular session.

VIRGINIA: In February, a committee in the Senate defeated a measure that would have required that a woman seeking an abortion after at least 20 weeks’ gestation be given information on the ability of a fetus to feel pain and be offered anesthesia for the fetus. Counseling materials offered to all women would also include a statement on the ability of a fetus to feel pain. The measure passed the House in February.

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Mandatory Counseling and Waiting Periods Before Abortion

Click here for current status of state policy

 

Women Required to Receive State-Directed Counseling

Introduced in 23 states

Bill Status:

Passed at least one chamber in AR, GA, KY, SC, SD, TX and VA

Enacted in AR, ID and MS

Vetoed in OK

ARKANSAS: (ENACTED) In April, Gov. Mike Beebe (D) signed legislation amending the state’s abortion counseling materials to include a statement that a woman’s consent to have an abortion should be given voluntarily and not as the result of coercion. The measure passed the House in March and the Senate in April. It goes into effect in June.

GEORGIA: In April, the legislature adopted the final version of a bill that would require a woman seeking an abortion to be offered the opportunity to view any ultrasound performed as part of the preparation for the procedure. The state-developed counseling materials would also include resource information for organizations that provide ultrasounds. The measure is awaiting action by Gov. Sonny Perdue (R).

IDAHO: (ENACTED) In March, Gov. C.L. Otter (R) signed a bill that requires abortion providers to offer a woman seeking an abortion the opportunity to view any ultrasound that is conducted in preparation for the procedure. The measure also gives women the right to ask for an ultrasound, even if the provider does not routinely conduct them. The bill passed both chambers in March.

KENTUCKY: In February, the Senate passed a bill that would require that the state-developed abortion counseling materials be “current.” The measure would also require abortion counseling to be provided in person, at least 24 hours before the procedure—in effect necessitating that the woman make two trips to obtain an abortion. The bill failed to pass the House before the legislature adjourned its regular session..

MISSISSIPPI: (ENACTED) In March, Gov. Haley Barbour (R) signed an omnibus abortion measure. The bill requires a provider to perform an ultrasound on a woman seeking an abortion. The woman will be offered the opportunity to view the image, receive a copy of the image and to listen to the fetus’s heartbeat. The final version of the measure—which also bans abortion if Roe v. Wade were overturned, institutes expensive clinic mandates and amends the state’s parental consent requirement—passed the legislature in February.

MISSISSIPPI: In February, the Senate adopted a measure that would require a provider to perform an ultrasound on a woman seeking an abortion. The woman would be offered the opportunity to view the image, receive a photograph of the image, and listen to the fetus’s heartbeat. She would also be required to sign a consent form stating that the ultrasound was performed at least 24 hours before the procedure. The measure was included in an omnibus abortion bill and enacted in March.

NORTH DAKOTA: In January, the House defeated an omnibus abortion measure. The measure would have fortified the state’s existing abortion counseling requirement by mandating that counseling materials include information on coerced abortion, public assistance for minors who carry a pregnancy to term and the purported link between having an abortion and developing breast cancer, as well as color pictures of a developing fetus. Other provisions would have amended state law on medication abortion, postviability abortion and parental consent before a minor could obtain an abortion.

OKLAHOMA: In April, Gov. Brad Henry (D) vetoed a measure that would have prohibited any state funds or federal funds disbursed by the state to be used to counsel about or encourage abortion, unless the abortion is necessary to save a woman’s life. The bill also would have amended the current definition of abortion to include medication abortion. The legislature failed to override the veto of the measure, which also would have amended the state’s requirements for minors seeking an abortion, narrowed the medical emergency exception to the state’s abortion code, required additional abortion reporting, limited the involvement of state personnel and use of state facilities in abortion procedures, and included medication abortion in the definition of abortion. The bill passed the House in March and the Senate in April.

SOUTH CAROLINA: In March, the House passed a measure that would require a woman seeking an abortion to view an ultrasound before obtaining the procedure. The bill is awaiting action in the Senate.

SOUTH DAKOTA: In February, a committee in the House defeated a bill that would have required that a woman seeking an abortion be offered the “opportunity to view a sonogram” of her fetus. The bill passed the Senate in February.

TEXAS: In April, the Senate adopted a measure that would amend state's statutes on abortion counseling. Under the measure, abortion providers would be required to distribute state-developed information on domestic violence to women who indicate that they are abused or are being forced to have the abortion. The measure would also require providers to ensure that the woman is not being coerced into the abortion. The bill would also amend requirements for abortion reporting, including requirements specific to reporting abortions obtained by minors. The bill is awaiting action in the House.

VIRGINIA: In February, a committee in the Senate defeated a bill that would have required abortion clinics to have ultrasound equipment on site and to offer women the opportunity to have an ultrasound performed and to view the image. The bill passed the House in February.

VIRGINIA: In February, a committee in the Senate defeated a measure that would have required that a woman seeking an abortion after at least 20 weeks’ gestation be given information on the ability of a fetus to feel pain and be offered anesthesia for the fetus. Counseling materials offered to all women would also include a statement on the ability of a fetus to feel pain. The measure passed the House in February.

 

Requirements for State-Directed Counseling Followed by a Waiting Period

Introduced in 12 states

Bill Status:

Passed at least one chamber in FL, KY and WY

FLORIDA: In April, the House passed a measure that would establish requirements for abortion counseling and require a woman to wait at least 24 hours after receiving counseling before obtaining an abortion. The measure would also require that each woman be informed of her right to know the name and qualifications of the abortion provider, and her right to all appropriate medical care related to her abortion. Under the measure, abortion providers would be required to perform an ultrasound on each woman seeking an abortion. Except in cases of rape or incest, or when delay would cause a “serious risk of substantial and irreversible” physical injury, the woman would be offered the opportunity to view and discuss the image with the physician. The measure—which also includes provisions related to postviability abortion and parental involvement—is awaiting action in the Senate.

KENTUCKY: In February, the Senate adopted a measure to amend the state’s abortion counseling statute. The measure would require that the counseling take place in person at the clinic; the current law allows counseling via telephone. Combined with the existing 24-hour waiting period, the measure would require the woman to make two trips to the clinic. The measure failed to pass the House before the legislature adjourned its regular session.

WYOMING: In February, the House defeated a measure that would have required a woman seeking an abortion to receive counseling before waiting 24 hours for the procedure.

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Medical Emergency Exception in Abortion Law

Introduced in 2 states

Bill Status:

Passed at least one chamber in MO

Vetoed in OK

MISSOURI: In April, the House passed a measure that would allow exceptions in cases of a medical emergency (defined as when the pregnant women’s life or a “major bodily function” is at risk) to the entirety of Missouri's abortion law, including provisions concerning parental involvement, abortion counseling and postviability abortion. The measure, which also includes provisions related to clinic licensing, an alternatives-to-abortion program and sex education, is awaiting action in the Senate.

In April, Gov. Brad Henry (D) vetoed a measure that would have narrowed the definition of “medical emergency” for purposes of the state’s abortion statutes, including requirements for parental involvement, abortion counseling and abortion reporting. The measure would have eliminated the existing mental health exception and allowed exceptions only in cases where a physical condition could cause major impairment of a bodily function or death. The legislature failed to override the veto of the measure, which also would have amended the state’s requirements for a minor seeking an abortion, required additional abortion reporting, limited the involvement of state personnel and use of state facilities in abortion procedures, amended the statutes on abortion counseling and expanded the definition of abortion to include medication abortion. The bill passed the House in March and the Senate in April.

Medication Abortion

Introduced in 4 states

Bill Status:

Vetoed in OK

OKLAHOMA: In April, Gov. Brad Henry (D) vetoed a measure that would change the abortion definition to include medication abortion. The legislature failed to override the veto of the measure, which also would have amended the state’s requirements for a minor seeking an abortion, required additional abortion reporting, limited the involvement of state personnel and use of state facilities in abortion procedures, amended the statutes on abortion counseling and narrowed the “medical emergency” exception to the state’s abortion code. The bill passed the House in March and the Senate in April.

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Minors Reporting Requirements

Introduced in 8 states

Bill Status:

Passed at least one chamber in TX and WV

Enacted in ID

IDAHO: (ENACTED) In March, Gov. C.L. Otter (R) signed a measure that requires abortion providers to report information on abortions performed on minors and courts to report information on waivers of the state’s parental consent requirement. In addition, the measure requires parental consent before a minor may receive an abortion. The bill, which passed the Senate in February and the House in March, went into effect upon signing.

TEXAS: In April, the Senate passed a measure that would require abortion reporting specific to minors’ abortions. The measure would also require the Texas Supreme Court to issue a public report detailing the number of minors who sought a judicial bypass of the state’s parental consent requirement and the results of those petitions. The bill would also amend requirements for general abortion reporting and abortion counseling. The bill is awaiting action in the House.

WEST VIRGINIA: In February, the Senate passed a measure that would require abortion reporting specific to minors’ abortions. The measure would require reports to detail the number of abortions performed on minors with and without parental notification. The measure would also make it more difficult to waive parental notification. The measure failed to pass the House before the legislature adjourned its regular session.

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Parental Involvement in Minors' Abortions

Click here for current status of state policy

Parental Consent Requirements

Introduced in 13 states

Bill Status:

Enacted in ID and MS

Vetoed in OK

IDAHO: (ENACTED) In March, the House passed and Gov. C.L. Otter (R) signed into law a measure requiring written consent from one parent before an abortion is performed on a minor. The consent requirement can be waived because of a medical emergency or if the pregnancy is the result of rape or incest. The measure allows a minor to petition the court for a waiver. In addition, the measure institutes additional abortion reporting requirements related to parental consent and judicial bypasses. The measure, which passed the Senate in February, goes into effect July 1.

MISSISSIPPI: (ENACTED) In March, Gov. Haley Barbour (R) signed into law an omnibus abortion bill. The measure imposes a stricter standard for judges to use when deciding to the state’s requirement that a parent consent before a minor’s abortion. The measure—which also bans abortion if Roe v. Wade were overturned, institutes expensive clinic mandates and amends counseling procedures—passed the legislature in February. All sections of the measure except the abortion ban go into effect in July.

NORTH DAKOTA: In January, the House defeated an omnibus abortion measure. The measure would have required minors seeking a judicial bypass of the state’s parental consent requirement to do so only in their home county. It would also have imposed a stricter standard for judges to use when deciding bypass cases. Other provisions in the bill would have amended state law on medication abortion, postviability abortion and abortion counseling.

OKLAHOMA: In April, Gov. Brad Henry (D) vetoed a measure that would have amended the state’s parental notification and consent requirement for minors seeking and abortion by requiring parents to both sign a consent form and provide photo identification. The measure would also have required that in case of a medical emergency, physicians notify a parent of a minor’s abortion no less than 24 hours after the procedure, unless the minor had obtained a waiver in court. Finally, the measure would have mandated a stricter standard of judgment for courts adjudicating a minor’s request for a waiver of parental involvement. The legislature failed to override the veto of the measure, which also would have narrowed the “medical emergency” exception in the state’s abortion code, amended the statutes on abortion counseling, required additional abortion reporting, limited the involvement of state personnel and use of state facilities in abortion procedures, and included medication abortion in the definition of abortion. The bill passed the House in March and the Senate in April.

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Parental Notification Requirements

Introduced in 14 states

Bill Status:

Passed at least one chamber in AZ, FL, MT, NH, NM and WV

Vetoed in OK

ARIZONA: In March, the House passed a measure that would amend the state’s parental notification requirement for minors seeking an abortion. The measure would require stricter standards of judgment for a court adjudicating a minor’s request for a waiver of the state’s parental notification requirement. The measure is awaiting action in the Senate.

FLORIDA: In April, the House passed a measure that would amend the state’s judicial bypass procedure for minors seeking an abortion. Under the measure, a minor seeking to bypass the parental involvement requirement would need a court-appointed guardian to be present during the hearing. The measure would also require judges to apply stricter criteria when determining a minor’s maturity. The measure—which also includes provisions related to abortion counseling, waiting periods, postviability abortion and would require abortion clinics to offer ultrasounds—is awaiting action in the Senate.

MONTANA: In February, the House passed a measure amending the state’s parental notification requirement. The measure would require that minors without a parent or guardian would still need to obtain a judicial waiver of parental notification before receiving an abortion. A single abusive act, as opposed to a pattern of abuse, would be sufficient to grant judicial bypass under the measure. No further action is expected since the legislature has adjourned its regular session.

NEW HAMPSHIRE: In March, the House passed a measure that would repeal the state’s parental notification mandate for minors seeking an abortion. The enjoined law, which includes no exception for medical emergencies, gained national exposure when it was reviewed by the U.S. Supreme Court in November of last year. The Court remanded the law back to the circuit court where a judge was ordered to approve the law as applied to healthy teens (in effect, writing in a health exception) or declare it unconstitutional. That ruling has been postponed pending the results of this measure in the New Hampshire General Court. The measure is awaiting action in the Senate.

NEW MEXICO: In February, the Senate passed a measure that would have required parental notice 48 hours before an abortion is performed on a minor. Notice would not have been required in cases of life endangerment or judicial waiver. The state’s current parental notice law is enjoined and not in effect. The measure was defeated in a House committee and is now dead.

OKLAHOMA: In April, Gov. Brad Henry (D) vetoed a measure that would have amended the state’s parental notification and consent requirement for minors seeking and abortion by requiring parents to both sign a consent form and provide photo identification. The measure would also have required that in case of a medical emergency, physicians notify a parent of a minor’s abortion no less than 24 hours after the procedure, unless the minor had obtained a waiver in court. Finally, the measure would have mandated a stricter standard of judgment for courts adjudicating a minor’s request for a waiver of parental involvement. The legislature failed to override the veto of the measure, which also would have narrowed the “medical emergency” exception in the state’s abortion code, amended the statutes on abortion counseling, required additional abortion reporting, limited the involvement of state personnel and use of state facilities in abortion procedures, and included medication abortion in the definition of abortion. The bill passed the House in March and the Senate in April.

WEST VIRGINIA: In March, a committee in the House defeated a measure that sought to amend the state’s current parental notification policy. The measure would have required 48 (instead of 24) hours’ notice, repealed a clause allowing physicians to waive notification when it is not in the best interest of the minor, and required more detailed reporting information from physicians after performing an abortion on a minor. The measure, which passed the Senate in February, is now dead.

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'Partial-Birth' Abortion

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Introduced in 6 states

Bill Status:

Passed at least one chamber in IA

IOWA: In April, the Senate passed a measure that would ban public funding of “partial-birth” abortions. The measure, which also includes other restrictions on public funding for abortions, is awaiting concurrence in the House.

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Physician-Only Requirements

Introduced in 0 states

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Postviability Abortion

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Introduced in 6 states

Bill Status:

Passed at least one chamber in FL

FLORIDA: In April, the House passed a measure that would require that all third-trimester abortions be performed in a hospital. The measure—which also includes provisions related to abortion counseling, waiting periods, parental involvement requiring abortion clinics to offer ultrasounds—is awaiting action in the Senate.

NORTH DAKOTA: In January, the House defeated an omnibus abortion measure. The bill would have raised penalties for killing a fetus born alive as a result of an abortion. Other provisions would have amended state law on medication abortion, abortion counseling and parental consent for minors obtaining an abortion.

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Private Insurance Coverage of Abortion

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Introduced in 6 states

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Prohibiting Forcing a Women to Have an Abortion

Introduced in 9 states

Bill Status:

Passed at least one chamber in VA

VIRGINIA: In February, a committee in the Senate defeated a measure that would have made it a felony to coerce a woman to have an abortion. The House passed the bill in January.

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Protecting Access to Abortion

Introduced in 2 states

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Protecting Access to Clinics

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Introduced in 4 states

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Public Funding of Abortion for Low-Income Women

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Introduced in 12 states

Bill Status:

Passed at least one chamber in IA, MD and VA

IOWA: In April, the Senate passed a measure that would reenact current restrictions on public funding of abortion that prohibit funding except in cases of life endangerment, rape, incest or fetal defect. The measure also prohibits funding for “partial birth” abortion. The bill, is awaiting concurrence in the House.

MARYLAND: In March, the legislature passed a measure that would reenact current restrictions prohibiting public funding of abortion unless the pregnancy is the result of incest or rape, the woman’s life is at risk, the fetus is affected by a serious abnormality, or the women’s physical and mental health is at grave risk. The bill is awaiting action from the Gov. Martin O’Malley (D).

VIRGINIA: In February, a conference committee deleted a provision in the state’s budget bill, which would have tightened the restrictions on publicly funded abortions by removing fetal abnormality as an allowable condition for funding. Current policy prohibits public funding of abortion except in cases of life endangerment, rape, incest and fetal abnormality. The version that passed the House in February had included the provision.

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Reporting Statistical Information to State Agencies

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Introduced in 12 states

Bill Status:

Passed at least one chamber in KS and TX

Vetoed in OK

KANSAS: In April, the House passed a measure that would require physicians to report to the state when they perform a postviability abortion and to specify whether the procedure was performed because of a threat to the woman’s life or a threat to her physical health. The measure would also require physicians who provide referrals for postviability abortions to certify that they do not profit from the referral. The measure, which would also mandate statutory rape reporting, is awaiting action in conference committee.

OKLAHOMA: In April, Gov. Brad Henry (D) vetoed a measure that would have required abortion providers to report extremely detailed, including information on the number of women receiving state abortion counseling materials and the number of abortions exempted from the counseling requirement because of a medical emergency. The legislature failed to override the veto of the measure, which also would have amended the state’s requirements for a minor seeking an abortion, narrowed the “medical emergency” exception to the state’s abortion code, limited the involvement of state personnel and use of state facilities in abortion procedures, amended the statutes on abortion counseling and expanded the definition of abortion to include medication abortion. The bill passed the House in March and the Senate in April.

TEXAS: In April, the Senate passed a measure that would require a physician to submit a detailed report for each abortion procedure performed and for each patient treated for complications resulting from an abortion. The bill would also amend requirements for abortion counseling and for reporting abortions obtained by a minor. The bill is awaiting action in the House.

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Requiring Abortion Providers to Have Hospital Privileges

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Introduced in 0 states

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State Participation in Abortion

Introduced in 1 state

Bill Staus:

Vetoed in OK

OKLAHOMA: In April, Gov. Brad Henry (D) vetoed a measure that would have prohibited state employees from participating in or performing an abortion not necessary to save the life of the woman. The bill also prohibits the use of any public facility for abortion, unless the woman’s life is at risk. The legislature failed to override the veto of the measure–which also would have narrowed the “medical emergency” exception to the state’s requirement for abortion counseling, required additional abortion reporting, amended the state’s requirements for a minor seeking an abortion, amended the statutes on abortion counseling and expanded the definition of abortion to include medication abortion. The bill passed the House in March and the Senate in April.

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Stem-Cell and Embryo Research

Introduced in 31states

Bill Status:

Passed at least one chamber in DE, IL, MN, MT, NM, NY and VA

Enacted in IA and NY

DELAWARE: In March, the Senate passed a measure that would that would allow stem cell research, ban cloning and establish a committee charged with overseeing stem cell research performed in the state. The measure explicitly prohibits the purchase or sale of fetal tissue. The bill is awaiting action in the House.

ILLINOIS: In March, the House passed a measure that would allow stem cell research, ban cloning and establish a committee to disperse state funds to research institutions for stem cell research. The measure explicitly prohibits the purchase or sale of fetal tissue. The bill is awaiting action in the Senate.

ILLINOIS: In February, the Senate passed a measure that would allow stem cell research, ban human cloning, and set up committees charged with funding and overseeing the research. The measure explicitly prohibits the purchase or sale of fetal tissue. The measure is awaiting action in the House.

IOWA: (ENACTED) In February, the legislature enacted a measure that would allow stem cell research and ban human cloning.  The measure was signed by Gov. Chet Culver (D).

MINNESOTA: In April, the Senate passed a measure that would allow stem cell research and ban human cloning. The bill would also require a health care provider treating a woman for infertility to provide her with information about her choices as to the disposing of any remaining embryos. The measure is awaiting action in the House.

MONTANA: In January, the House passed a measure that would prohibit human cloning. The measure would not restrict stem cell research and does not apply to in vitro fertilization. No further action is expected since the legislature has adjourned its regular session.

NEW MEXICO: In March, the Senate passed a measure that would allow stem cell research and ban cloning. The measure failed to pass the House before the legislature adjourned for the year.

NEW YORK: (ENACTED) In April, Gov. Eliot Spitzer (D) signed into law a measure that will establish an institute to disburse state monies for stem cell research. No funds shall be used for human reproductive cloning. The law goes into effect April 1, 2007.

VIRGINIA: In February, the House passed a measure that would have created a nonprofit corporation to support academic research and allowed it to fund stem cell research. The measure failed to pass the Senate before the legislature adjourned for the year.

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Targeted Regulation of Abortion Providers

Introduced in 15 states

Bill Status:

Passed at least one chamber in FL, IN, MO, SC, SD and VA

Enacted in MS

FLORIDA: In April, the House passed a measure that would require abortion providers to purchase ultrasound equipment and to perform an ultrasound on each woman seeking an abortion. The woman would have the option to view and discuss the image with the physician. The measure—which also includes provisions related to abortion counseling, waiting periods, postviability abortion and parental involvement—is awaiting action in the Senate.

INDIANA: In February, the Senate passed a measure targeting abortion providers in the state. The measure would require any physician performing abortions in the state to have admitting privileges at a hospital within the county or neighboring counties. No further action is expected since the legislature has adjourned its regular session.

MISSISSIPPI: (ENACTED) In March, Gov. Haley Barbour (R) signed into law an omnibus abortion bill. The measure requires an abortion provider purchase expensive ultrasound equipment and perform an ultrasound on a woman seeking an abortion. The measure—which also bans abortion if Roe v. Wade were overturned, amends counseling procedures and amends the state’s parental consent requirement—passed the legislature in February. All sections of the measure except the abortion ban go into effect in July.

MISSISSIPPI: In February, the Senate passed a measure that would require abortion providers to purchase ultrasound equipment and to perform an ultrasound on each woman seeking an abortion at least 24 hours before the procedure. The measure was included in the enacted omnibus abortion bill.

MISSOURI: In April, the House passed a measure that would classify facilities that provide either more than five first-trimester abortions a year, or any second- or third-trimester abortions whatsoever, as ambulatory surgical centers; these facilities would face increased regulation by the state. The measure, which also includes provisions related to sex education, an alternatives-to-abortion program and amending the definition of medical emergency for purposes of the state’s abortion law, is awaiting action in the Senate.

SOUTH CAROLINA: In March, the House passed a measure that would require abortion providers to purchase ultrasound equipment. The provider would have to perform an ultrasound on each woman seeking an abortion and review the ultrasound with her. The measure is awaiting action in the Senate.

SOUTH DAKOTA: In February, a committee in the Senate defeated a bill that would have required abortion providers to purchase ultrasound equipment. Providers would have had to offer each woman seeking an abortion the opportunity to view a sonogram image of the fetus. The bill passed the House in February.

VIRGINIA: In February, a committee in the Senate defeated a bill that would have required abortion clinics to have ultrasound equipment on site and to offer women the opportunity to have an ultrasound performed and view the image. The bill passed the House in February.

VIRGINIA: In February, a committee in the Senate defeated a measure that would have reclassified facilities that perform 25 or more first-trimester abortions annually as ambulatory surgical facilities, which would have required them to meet stricter inspection and building codes. The measure, which passed the House in January, is now dead.

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CONTRACEPTION & PREVENTION

See also:

REFUSAL CLAUSES
YOUTH: Child Abuse Reporting

Abortion-Related Restrictions on Family Planning Funds

Click here for current status of state policy

Introduced in 8 states

Bill Status:

Passed at least one chamber in OK and TX

Enacted in CO

COLORADO: (ENACTED) In March, Gov. Bill Ritter (D) signed the budget bill for the Department of Public Health and the Environment, including the longstanding prohibition on state family planning funds going to organizations that provide abortion services with their own funds. The measure passed the Senate in February and the House in March.

OKLAHOMA: In March, the House adopted a measure that would prohibit the use of state funds and federal funds passing through the state treasury from being used to counsel about or encourage abortion, unless the woman’s life is endangered or funding is necessary to participate in a federal program, such as Title X. The bill would also prohibit the participation of state employees and the use of state facilities in abortions, other than those to save the life of the woman. The bill is awaiting action from the Senate.

TEXAS: In April, the Senate adopted a measure meant to increase restrictions on organizations’ eligibility for state family planning funds. Under the measure, organizations would be required to maintain incorporation, governing structure and bookkeeping that are separate from abortion providers. Both the Senate version and the House version from March continued the requirement that agencies that receive state funding must obtain parental consent before providing minors with prescription contraceptives. Both the House and Senate versions would also continue funding alternatives-to-abortion services. The measure is currently under consideration in a conference committee.

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Contraceptive Coverage Mandates

Click here for current status of state policy

Introduced in 8 states

Bill Status:

Passed at least one chamber in OR

OREGON: In March, the House adopted a measure that would mandate health plans that provide coverage for prescription drugs to cover prescription contraceptives. Under the measure, religious employers could refuse coverage if their primary purpose is the inculcation of religious values, they primarily employ and serve people with the same values, and are nonprofit entities under federal law. The bill also would require a hospital to provide a woman who was sexually assaulted with information on emergency contraception and the medication itself, when requested by the woman. The bill is awaiting action in the Senate.

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Emergency Contraception

Click here for current status of state policy

(Click here for legislative activity on: Requiring Pharmacists to Dispense Contraception and Establishing the Right to Refuse to Provide Contraceptive Services)

 

Offering Emergency Contraception Services to Sexual Assault Victims

Introduced in 18 states
Bill Status:

Passed at least one chamber in CT, HI, MN, OR and SD

Enacted in AR and CO

ARKANSAS: (ENACTED) In April, Gov. Mike Beebe (D) signed legislation that requires hospitals to provide women who have been sexually assaulted with information about emergency contraception. The measure permits an individual medical provider to refuse because of a religious or moral objection. The measure, which passed the Senate in March and the House in April, goes into effect in June.

COLORADO: (ENACTED) In March, Gov. Bill Ritter (D) signed legislation that requires hospitals to provide information about emergency contraception to women who have been sexually assaulted; it does not require hospitals to provide the medication itself. The bill allows a medical professional to refuse to provide the information because of a religious or moral objection. Pharmacies must post a notice when nonprescription emergency contraception is out of stock. The final version of the measure passed both chambers of the legislature in February.

CONNECTICUT: In April, the Senate passed a measure that would require a hospital to inform a woman who has been sexually assaulted about emergency contraception and to provide her with the medication upon request, unless she has had a positive pregnancy test. The hospital would be permitted to contract with an independent medical professional to provide services related to emergency contraception. The bill is pending before the House.

HAWAII: In March, the Senate adopted a measure that would require hospitals to provide medically accurate information on emergency contraception to a woman who has been sexually assaulted. The measure would also require hospitals to provide the medication when requested by the woman. The measure is awaiting action in the House.

MINNESOTA: In April, the Senate passed a bill that would require a hospital to inform a woman who has been sexually assaulted about emergency contraception and to provide her with the medication if she requests it. The hospital would not be required to provide emergency contraception if the medication is contraindicated or the woman has a positive pregnancy test. The measure is awaiting action in the House.

OREGON: In March, the House adopted a measure that would require a hospital to provide a woman who was sexually assaulted with information on emergency contraception and the medication when requested. The bill also would mandate coverage of contraceptives within health plans. It is awaiting action in the Senate.

SOUTH DAKOTA: In February, the Senate adopted a measure that would require the state to develop “medically and factually accurate and objective” informational materials on emergency contraception for distribution to women who have been sexually assaulted. The measure would permit a facility or individual to refuse to provide these materials because of a religious or ethical objection. No further action is expected since the legislature has adjourned its regular session.

Allowing Pharmacists to Provide Emergency Contraception without a Prescription

Introduced in 3 states

Expanding Access to Emergency Contraception

Introduced in 3 states

Bill Status:

Passed at least one chamber in HI

HAWAII: In March, the House adopted a measure that would require the Department of Human Services to directly reimburse pharmacies for emergency contraception provided without a prescription to Medicaid recipients. The bill is awaiting action in the Senate.

Restricting Access to Emergency Contraception

Introduced in 2 states

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Requiring Pharmacists or Pharmacies to Dispense Contraception

Introduced in 9 states

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HPV: Insurance Coverage

Introduced in 20 states

Bill Status:

Passed at least one chamber in CO, IL, IA and NY

Enacted in NM

COLORADO: In April, the House passed a bill that would require health plans to cover the HPV vaccine for girls and woman aged 9–26. The bill would also require the state’s Medicaid program to cover HPV vaccinations for women younger than 20 and permit local public health agencies to be reimbursed for vaccinating uninsured girls entering the sixth grade. The measure is awaiting action in the Senate.

ILLINOIS: In March, the Senate adopted a measure that would require health plans to cover the HPV vaccine. The bill is awaiting action in the House.

IOWA: In March, the Senate passed a bill that would require health plans to cover the HPV vaccine. The measure is awaiting action in the House.

NEVADA: In April, the Senate passed a measure that would require health plans to cover HPV vaccination for women and girls who are within the age-range recommended by "competent authorities," such as the Centers for Disease Control and Prevention. The bill is pending before the Assembly.

NEW MEXICO: (ENACTED) In April, Gov. Bill Richardson (D) signed legislation that requires health plans to cover the HPV vaccine for girls aged 9–14. The bill passed the Senate in February and the House in March.

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HPV: School Entry Requirements

Introduced in 25 states and Washington DC

Bill Status:

Passed at least one chamber in KY, SC, TX and Washington DC

Enacted in VA

Vetoed in NM

Governor executive order in TX

WASHINGTON DC: In April, the Council of the District of Columbia approved legislation that would require girls entering sixth grade to be vaccinated against HPV. The bill would allow parents to opt out of vaccination for any reason. If Mayor Adrian Fenty (D) signs the measure, the U.S. Congress has 30 days to review it.

KENTUCKY: In February, the House passed a measure that would require HPV vaccination for middle school attendance. Parents could withhold consent to the vaccination. The measure failed to pass the Senate before the legislature adjourned its regular session.

NEW MEXICO: In April, Gov. Bill Richardson (D) vetoed a measure that would have required girls entering the sixth grade to receive the HPV vaccine as long as a parent consented. The bill passed the legislature in March.

SOUTH CAROLINA: In April, the House adopted a measure that would require girls who are entering seventh grade and are at least 11 years old to receive the HPV vaccine. Parents would be able to opt out for any reason. The measure is awaiting action in the Senate.

TEXAS: In April, the Senate passed a bill that would negate the governor’s executive order requiring girls entering middle school to be vaccinated against HPV by prohibiting a requirement for HPV vaccination for entry into elementary or secondary school. The bill passed the House in March and is awaiting action by Gov. Rick Perry (R).

TEXAS: In February, Gov. Rick Perry (R) issued an executive order that requires HPV vaccination before a girl may enter the 6th grade. Parents can withhold consent if they have a religious or conscientious objection.

VIRGINIA: (ENACTED) In April, Gov. Tim Kaine (D) signed two identical measures to require HPV vaccination for middle school attendance. Parents may refuse to have their daughters vaccinated. The legislation passed the legislature in February and will go into effect in October.

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Parental Involvement Requirements for Minors Seeking Contraceptive Services

Click here for current status of state policy

Introduced in 5 states

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State Medicaid Family Planning Eligibility Expansions

Click here for current status of state policy

Introduced in 5 states

Bill Status:

Passed at least one chamber in NH

Enacted in VA

NEW HAMPSHIRE: In March, the House adopted a bill that would require the state Department of Health and Human Services to seek approval from the federal Centers for Medicare and Medicaid Services to expand eligibility for Medicaid family planning services. The measure is awaiting action in the Senate.

VIRGINIA: (ENACTED) In April, Gov. Tim Kaine (D) signed the state’s budget, which includes a provision directing the state to seek to expand Medicaid eligibility for family planning services for individuals with incomes of up to 200% of the federal poverty level. The state currently has a more limited Medicaid family planning expansion that extends coverage for two years following a Medicaid-funded delivery. The budget, which passed the legislature in February, goes into effect in July.

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PREGNANCY & BIRTH

See also:

REFUSAL CLAUSES

Fetal and Pregnant Woman Assault

Introduced in 21 states

Bill Status:

Passed at least one chamber in IN, KS, NV and VA

Vetoed in WY

INDIANA: In February, the Senate passed a measure that would increase battery charges for knowingly assaulting and causing injury to a pregnant woman. No further action is expected since the legisalture has adjouned its regular session.

KANSAS: In April, the House and Senate passed final versions of two measures that would change murder, manslaughter, vehicular manslaughter and battery laws to include an “unborn child” from fertilization to birth as a possible victim. The measures, which did not originally include fetal assault provisions, are awaiting action from Gov. Kathleen Sebelius (D).

KANSAS: In February, the House passed a measure that would define a fetus of any gestational age as a human being for criminal statutes regarding homicide, manslaughter and battery. The measure is awaiting action in the Senate.

NEVADA: In April, the Senate passed a measure that would increase penalties for certain crimes committed against pregnant women. The measure would not create new offenses but add additional penalties for crimes committed against a woman the perpetrator knew was pregnant. The measure is awaiting action in the House.

VIRGINIA: In February, a Senate committee defeated a measure that would have created the crime of unintentionally causing miscarriage or stillbirth. The bill was amended and passed the House in February and is now dead.

WYOMING: In March, Gov. Dave Freudenthal (D) vetoed a measure that would have created the crime of homicide of an unborn child or fetus. This new crime would have applied only when the mother was killed as well. The measure, which passed the legislature in February, is now dead.

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HIV Testing of Infants and Pregnant Women

Introduced in 11 states

Bill Status:

Passed at least one chamber in GA, IL, NV, NJ, RI and TN

Enacted in IA and MD

GEORGIA: In April, the legislature adopted a bill that would require physicians to test pregnant women for HIV either during prenatal care or at delivery, unless the woman refuses. The woman would be provided with information about the test and her right to refuse. If the woman is HIV positive, she would be given information about counseling and medical services. The measure is awaiting action from Gov. Sonny Perdue (R).

IOWA: (ENACTED) In April, Gov. Chet Culver (D) signed into law a bill that would require pregnant women to be tested for HIV as part of their prenatal care, unless they decline. The law goes into effect July 1, 2007.

 

ILLINOIS: In April, the House passed a measure that would require health care providers to counsel pregnant women about HIV and recommend testing unless the women explicitly decline in writing. The bill is awaiting action in the Senate.

MARYLAND: (ENACTED) In April, Gov. Martin O’Malley (D) signed two identical measures into law to require a physician to report, within 48 hours, the birth any infant whose mother is HIV positive. If the infant does not test positive for HIV in its first 18 months, the child’s name will be removed from the HIV registry. The law, which passed the legislature in March, is in effect as of April 24, 2007.

NEVADA: In April, the Senate passed a bill that would require physicians to test pregnant women for HIV either during prenatal care of at delivery unless the woman refuses. The bill would also mandate that a provider perform an HIV test on an infant born to a mother who has not been tested for HIV, unless a parent refuses the test on the basis of religious beliefs. No tests could be performed until the woman has received written information on her right to refuse testing for herself or her newborn. The measure is awaiting action in the House.

NEW JERSEY: In March, the House passed a measure that would establish a program to provide counseling and information to pregnant women who are HIV positive. The counseling would include prenatal and postnatal care to reduce the likelihood of HIV transmission. The bill is awaiting action in the Senate.

RHODE ISLAND: In April, the House passed a measure that would permit a health care provider to perform an HIV test on a pregnant woman, unless she has explicitly declined the test. The measure is awaiting action in the Senate.

TENNESSEE: In April, both houses of the legislature passed identical measures that would require health care providers to test pregnant women for HIV during either prenatal care or delivery unless the woman refuses. The woman would be provided with information about the test and her right to refuse. If the woman is HIV positive, she would be given information about counseling and medical services. The bill is awaiting action from Gov. Phil Bresden (D).

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Infant Abandonment

Click here for current status of state policy

Introduced in 16 states

Bill Status:

Passed at least one chamber in HI, IL and NM

HAWAII: In April, the legislature passed a measure that would allow a person to leave an unharmed infant no more than 72 hours old at a hospital, fire station or police station, and be immune from prosecution for child abandonment. The professional receiving the infant would be required to inquire about the child’s medical history and provide information on social services to the person relinquishing the infant. The measure is currently in conference committee.

ILLINOIS: In March, the House passed a measure that would prohibit an individual accepting an infant from publicly discussing the circumstances surrounding an infant’s legal surrender. The bill is awaiting action in the Senate.

NEW MEXICO: In March, the Senate passed a measure that would amend current policy to allow an individual to face separate charges for either abandoning or abusing multiple infants or children. This bill also expands the state’s definition of child abuse to include a newborn’s addiction to methamphetamine. No further action is expected since the legislature has adjourned its regular session.

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Infertility Coverage

Introduced in 19 states

Bill Status:

Passed at least one chamber in RI

RHODE ISLAND: In April, the House passed a measure that would expand the state’s current mandate that insurance plans cover infertility services to apply both to women up to age 45 (the current age limit under the mandate is 40) and to unmarried women. The bill is awaiting action in the Senate.

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Nonmedical Use of Ultrasound

Introduced in 0 states

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Stillborn Certificates

Introduced in 13 states

Bill Status:

Passed at least one chamber in MT

Enacted in AR and SD

Vetoed in NM

ARKANSAS: (ENACTED) In March, Gov. Mike Beebe (D) signed into law a measure allowing a woman who loses a fetus after 20 weeks’ gestation to obtain a certificate of birth resulting in a stillbirth. The certificate will not count toward statistical reporting in the state. The measure, which passed the House and Senate in March, goes into effect in July.

MONTANA: In March, the legislature passed a measure that would allow a woman who loses a fetus after 20 weeks’ gestation to seek a certificate of birth resulting in a stillbirth. The certificate would not count toward statistical reporting in the state. The measure is awaiting action from Gov. Brian Schweitzer (D).

NEW MEXICO: In April, Gov. Bill Richardson (D) vetoed legislation that would have required a certificate of birth resulting in a stillbirth for fetal deaths after 20 weeks’ gestation. Certificates of stillbirth would have been filed with the state vital statistics bureau. The governor’s veto of the measure, which passed the Senate in January and the House in March, did not face a challenge in the legislature.

SOUTH DAKOTA: (ENACTED) In March, Gov. Mike Rounds (R) signed into law a measure that will allow women who lose a fetus after 20 weeks’ gestation to seek a certificate of birth resulting in a stillbirth. The certificate will not be mandatory and will not count toward statistical reporting in the state. The measure, which passed the House and Senate in February, goes into effect in June.

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Substance Abuse During Pregnancy

Click here for current status of state policy

Introduced in 23 states

Bill Status:

Passed at least one chamber in MN, NM and WY

Enacted in AR, MD and MT

ARKANSAS: (ENACTED) In April, Gov. Mike Beebe (D) signed into law a measure that allocates $5 million over two years to expand substance abuse treatment services for pregnant women and women with children. The law, which passed the legislature in March, goes into effect July 1, 2007.

MARYLAND: (ENACTED) In April, Gov. Martin O’Malley signed into law two identical measures that amend current policy to state that a child is “not receiving proper care” if he or she is born exposed to methamphetamine or if the mother tests positive for methamphetamine upon admission to the hospital for delivery of that infant. The laws, which passed the legislature in March, go into effect October 1, 2007.

MINNESOTA: In April, the Senate passed a measure that would allow a court to order a pregnant woman into an early intervention treatment program for substance abuse. The bill would also require professionals, such as health care providers and law enforcement officers, to report suspected abuse of a controlled substance by a pregnant woman. The measure is awaiting action in the House.

MINNESOTA: In April, the House passed a measure that would establish an intervention and advocacy program to provide a range of services for women who give birth to children affected by alcohol or drugs. The bill is currently in conference committee.

MONTANA: (ENACTED) In April, Gov. Brian Schweitzer (D) signed into law a measure that will require individuals operating in a professional capacity to report to the health department any infant affected by drug exposure. The law, which passed the legislature in March, goes into effect July 1, 2007.

NEW MEXICO: In March, the Senate passed a measure that would expand the state’s definition of child abuse to include a newborn’s addiction to methamphetamine. The bill would also amend current policy to allow an individual to face separate charges for either abandoning or abusing multiple infants or children. No further action is expected, since the legislature has adjourned its regular session.

WYOMING: In February, the House passed a measure that would define exposing a fetus to methamphetamine as placing it in imminent danger, thus making the mother subject to prosecution. The bill would also allow treatment centers and courts to give priority to treating or hearing cases involving pregnant women. The measure failed to pass the Senate before the legislature adjourned its regular session.

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REFUSAL CLAUSES

Establishing the Right to Refuse to Provide Abortion Services

Click here for current status of state policy

Allowing Health Professionals to Refuse

Introduced in 7 states

Allowing Insurers to Refuse

Introduced in 4 states

Allowing Pharmacists to Refuse

Introduced in 9 states

Allowing Facilities to Refuse

Introduced in 5 states

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Establishing the Right to Refuse to Provide Contraceptive Services

Click here for current status of state policy

(Click here for legislative activity on: Requiring Pharmacists to Dispense Contraception)

 

Allowing Health Professionals to Refuse

Introduced in 5 states

Allowing Insurers to Refuse

Introduced in 4 states

Allowing Pharmacies to Refuse

Introduced in 4 states

Allowing Pharmacists to Refuse

Introduced in 7 states

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Establishing the Right to Refuse to Provide Medical Care in General

Click here for current status of state policy

Allowing Health Professionals to Refuse

Introduced in 5 states

Allowing Insurers to Refuse

Introduced in 4 states

Allowing Pharmacists to Refuse

Introduced in 6 states

Allowing Facilities to Refuse

Introduced in 4 states

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YOUTH

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

Child Abuse Reporting

Introduced in 7 states

Bill Status:

Passed at least one chamber in KS and MS

KANSAS: In April, the House passed a measure that would force social services employees to report sexual intercourse involving a minor younger than 16 years of age, regardless of consent. While consensual sex involving minors younger than 16 is technically illegal in Kansas, courts have found the law unenforceable. The measure, which also amends abortion reporting laws, is awaiting action in conference committee.

MISSISSIPPI: In February, the Senate passed a measure that would require any healthcare worker or school employee with knowledge of a statutory rape to report the crime to the appropriate law enforcement agency. No further action is expected since the legislature has adjourned its regular session.

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Minors Access to Reproductive Healthcare

Click here for current status of state policy

Introduced in 9 states

Bill Status:

Passed at least one chamber in HI and ND

HAWAII: (ENACTED) In April, the Senate passed and Gov. Linda Lingle (R) signed into law a measure that grants minors not under the care of an adult the right to consent to health care. Under the measure, minors between the ages of 14 and 17 who are not under the care, control or support of an adult may consent to nonsurgical health care. The measure passed the House in March.

NORTH DAKOTA: In March, the House failed to pass a measure that would have guaranteed a minor’s right to consent to care related to the detection or treatment of pregnancy. Under the measure, physicians would have had the right to notify a minor’s parents only if she were first informed and the notification was deemed necessary because of prolonged hospitalization or a threat to the minor’s physical or mental health. The measure, which passed the Senate in January, is dead.

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Sex Education

Click here for current status of state policy

Introduced in 20 states

Bill Status:

Passed at least one chamber in CO, HI, MO, NY and WA

Enacted in IA

COLORADO: In April, the legislature adopted the final version of a bill that would establish requirements for sex education, except for federally funded abstinence education programs. Sex education would be medically accurate, age appropriate and culturally sensitive, emphasize abstinence and provide education on contraception. Parents would be allowed to remove their children from the instruction for religious or personal reasons. The original version of the measure passed the House in February and it is now awaiting action by Gov. Bill Ritter (D).

HAWAII: In March, the Senate passed legislation that would require sex education funded by the state to be medically accurate and age appropriate, and to include information on both abstinence and contraception. The bill is awaiting action in the House.

IOWA: (ENACTED) In April, Gov. Chet Culver signed a bill to require HIV education and sex education to be medically accurate and age appropriate. Education on STIs will also include information on HPV and the HPV vaccine. The bill passed the first chamber in March and the second chamber in April. It goes into effect in July.

MISSOURI: In April, the House passed a measure that would allow school districts to offer abstinence education that follows the federal definition of abstinence; current state law requires instruction on sex education to be medically accurate. The bill would also prohibit sex education materials from or presentations by organizations that provide abortion services or abortion referrals. The measure, which also includes provisions related to clinic licensing, an alternatives-to-abortion program and amending the definition of medical emergency for purposes of the state’s abortion law, is awaiting action in the Senate.

NEW YORK: In March, the Assembly adopted a measure that would establish a grant program for comprehensive sex education that would fund agencies such as public schools and community-based organizations. Funded programs would have to be age appropriate and medically accurate, provide information on contraceptives, educate students about HPV, encourage family communication, provide instruction on physical changes in adolescence, and seek to develop interpersonal, decisionmaking and communication skills. Programs could not promote religion and must teach that abstinence is the “only sure way” to avoid pregnancy or STIs. The measure is awaiting action in the Senate.

WASHINGTON: In April, the House passed a bill that would require all sex education to meet guidelines issued by the state in 2005. These guidelines require that programs be medically accurate and age appropriate, and discuss both abstinence and contraception as methods to avoid unintended pregnancy and STIs. The bill, which passed the Senate in March, is awaiting action by Gov. Christine Gregoire (D).

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Production of the State Update is made possible by support from The John Merck Fund.