Monthly State Update:
MAJOR DEVELOPMENTS IN 2007
(as of 03/01/2007)
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 March, legislatures in 45 states (AK, AZ, AR, CA, CO, CT, DE, GA, HI, ID, IL, IN, IA, KS, KY, ME, MD, MA, MI, MN, MS, MO, MT, NE, NV, NH, NJ, NM, NY, NC, ND, OH, OK, OR, PA, RI, SC, SD, TN, TX, VT, WA, WV, WI and WY) were in regular session. Legislatures in three states (AL, FL and LA) have not yet convened for the 2007 session. Two legislatures (UT and VA) have adjourned their regular session.
Jump to actions around:
Crisis Pregnancy Centers/Alternatives to Abortion
Mandatory Counseling and Waiting Periods
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
Requiring
Abortion Providers to Have Hospital Privileges
Reporting Statistical Information to State
Agencies
Stem-Cell and Embryo Research
Targeted
Regulation of Abortion Providers
See Also:
Contraception
and Prevention: Abortion-Related Restrictions on State Family Planning
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: School Entry Requirements
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)
HIV Testing of Infants and Pregnant Women
Stillborn Certificates
Substance Abuse During Pregnancy
Refusal
Clauses
Abortion Services
Contraceptive Services
General Medical Services
Minors
Access to Reproductive Health
Sex Education
See Also:
Abortion:
Minors Reporting
Abortion: Parental Involvement
Contraception & Prevention: Parental Involvement
ABORTION
See also:
CONTRACEPTION
& PREVENTION: Abortion-Related Restrictions on State Family
Planning Funds
REFUSAL CLAUSES
Abortion Bans to Replace Roe
Introduced in 10 states
Bill Status:
Passed at least one chamber in MS, ND, SD, UT and VA
Click here for current status of state policy
MISSISSIPPI: In February, the House adopted an omnibus abortion bill. The measure would ban abortion except in cases of life endangerment and 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—is awaiting action in a conference committee.
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 January, the House passed a bill that would ban abortion 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. The measure is awaiting Senate action.
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.
'Choose Life' License Plate Revenue Used to Fund Crisis Pregnancy Centers
Introduced in 2 states
Click here for current status of state policy
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.
Crisis Pregnancy Centers/Alternatives to Abortion
Introduced in 6 states
Bill Status:
Passed at least one chamber in ND and OK
NORTH DAKOTA: In February, the Senate passed a measure funding alternatives-to-abortion services and related public education activities. The bill is awaiting action in the House.
OKLAHOMA: In February, the House passed two measures that would require the Department of Health to disburse monies to an alternatives-to-abortion fund. The bill is awaiting action in the Senate.
Fetal Pain
(These bills overlap with bills in the Mandatory Counseling and Waiting Period category.)
Introduced in 8 states
Bill Status:
Passed at least one chamber in VA
Click here for the current status of state policy
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.
Mandatory Counseling and Waiting Periods Before Abortion
Women Required to Receive State-Directed Counseling:
Introduced in 16 states
Bill Status:
Passed at least one chamber in MS, SD and VA
Click here for current status of state policy
MISSISSIPPI: In February, the House adopted an omnibus abortion measure. The bill 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 to listen to the fetus’s heartbeat. The measure—which would also ban abortion if Roe v. Wade were overturned, institute expensive clinic mandates and amend the state’s parental consent requirement—is awaiting action in a conference committee.
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 is awaiting action in the House.
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.
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.
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 7 states
Bill Status:
Passed at least one chamber in KY and WY
Click here for current status of state policy
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 is awaiting action in the House.
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.
Medication Abortion
Introduced in 4 states
Minors Reporting Requirements
Introduced in 7 states
Bill Status:
Passed at least one chamber in ID and WV
IDAHO: In February, the Senate passed a measure that would require 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 would require parental consent before a minor may receive an abortion. The measure 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 is awaiting action in the House.
Parental Involvement in Minors' Abortions
Parental Consent Requirements:
Introduced in 10 states
Bill Status:
Passed at least one chamber in ID and MS
Click here for current status of state policy
IDAHO: In February, the Senate passed a measure that would require written consent from one parent before an abortion is performed. Consent could be waived because of a medical emergency or if the pregnancy was the result of rape or incest. The measure would allow a minor to petition the court for a waiver. In addition, the measure would institute additional abortion reporting related to parental consent and judicial bypasses. The measure is awaiting action in the House.
MISSISSIPPI: In February, the legislature adopted an omnibus abortion bill. As passed by the Senate, the measure would deny a waiver of the state’s parental consent requirement if a judge failed to issue a ruling within 72 hours. The House version would continue the current law, which grants waiver requests when a judge fails to rule within 72 hours, but impose a stricter standard for judges to use when deciding waiver cases. The measure—which would also ban abortion if Roe v. Wade were overturned, institute expensive clinic mandates and amend counseling procedures—is awaiting action in a conference committee.
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.
Parental Notification Requirements:
Introduced in 11 states
Bill Status:
Passed at least one chamber in MT and WV
Click here for current status of state policy
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. The measure is awaiting action in the Senate.
WEST VIRGINIA: In February, the Senate passed a measure that would amend the state’s current parental notification policy. The measure would require 48 (instead of 24) hours’ notice, repeal a clause allowing physicians to waive notification when it is not in the best interest of the minor and require more detailed reporting information from physicians after performing an abortion on a minor. The measure is awaiting action in the House.
'Partial-Birth' Abortion
Introduced in 4 states
Click here for current status of state policy
Physician-Only Requirements
Introduced in no states
Postviability Abortion
Introduced in 6 states
Click here for current status of state policy
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.
Private Insurance Coverage of Abortion
Introduced in 5 states
Click here for current status of state policy
Prohibiting Forcing a Women to Have an Abortion
Introduced in 6 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.
Protecting Access to Abortion
Introduced in 1 state
Protecting Access to Clinics
Introduced in 4 states
Click here for current status of state policy
Public Funding of Abortion for Low-Income Women
Introduced in 11 states
Bill Status:
Passed at least one chamber in VA
Click here for current status of state policy
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.
Reporting Statistical Information to State Agencies
Introduced in 8 states
Click here for current status of state policy
Requiring Abortion Providers to Have Hospital Privileges
Introduced in no states
Click here for current status of state policy
Stem-Cell and Embryo Research
Introduced in 29 states
Bill Status:
Passed at least one chamber in IL, MT and VA
Enacted in IA and MI
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.
(ENACTED) IOWA: 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).
(ENACTED) MICHIGAN: In January, Gov. Jennifer Granholm (D) signed into law a series of measures establishing and funding a cord blood bank network throughout the state and creating educational materials for clinicians and the public. At the same time, Granholm vetoed a companion measure that would have allowed for tax credits for individuals who donate money to the banks. The measures, which passed the legislature in December 2006, are in effect.
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. It is awaiting Senate action.
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.
Targeted Regulation of Abortion Providers
Introduced in 12 states
Bill Status:
Passed at least one chamber in IN, MS, SD and VA
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. The measure is awaiting action in the House.
MISSISSIPPI: In February, the legislature adopted an omnibus abortion bill. The measure would require an abortion provider purchase expensive ultrasound equipment and perform an ultrasound on a women seeking an abortion. The measure—which would also ban abortion if Roe v. Wade were overturned, amend counseling procedures and amend the state’s parental consent requirement—is awaiting action in a conference committee.
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 is awaiting action in the House.
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.
CONTRACEPTION & PREVENTION
See also:
REFUSAL
CLAUSES
YOUTH: Child Abuse Reporting
Abortion-Related Restrictions on Family Planning Funds
Introduced in 6 states
Bill Status:
Passed at least one chamber in CO
Click here for current status of state policy
COLORADO: In February, the Senate adopted the budget 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 is awaiting action in the House.
Contraceptive Coverage Mandates
Introduced in 8 states
Click here for current status of state policy
Emergency Contraception
(See Also: Requiring Pharmacists to Dispense Contraception and Establishing the Right to Refuse to Provide Contraceptive Services)
Offering Emergency Contraception Services to Sexual Assault Victims:
Introduced in 16 states
Bill Status:
Passed at least one chamber in CO and SD
Click here for current status of state policy
COLORADO: In February, both chambers of the legislature adopted a measure that would require hospitals to provide information about emergency contraception to women who have been sexually assaulted; it would not require hospitals to provide the medication itself. The bill would allow a medical professional to refuse to provide the information because of a religious or moral objection. Pharmacies would be required to post a notice when nonprescription emergency contraception is out of stock. The measure passed the House in a different form in January and is awaiting action by Gov. Bill Ritter (D).
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. The bill is awaiting action in the House.
Allowing Pharmacists to Provide Emergency Contraception without a Prescription:
Introduced in 3 states
Click here for current status of state policy
Expanding Access to Emergency Contraception:
Introduced in 2 states
Click here for current status of state policy
Restricting Access to Emergency Contraception:
Introduced in 2 states
Click here for current status of state policy
Requiring Pharmacists or Pharmacies to Dispense Contraception
Introduced in 5 states
HPV: Insurance Coverage
Introduced in 17 states
Bill Status:
Passed at least one chamber in NM
NEW MEXICO: In February, the Senate adopted a measure that would require that health plans cover the HPV vaccine for girls aged 9–14. It is awaiting action in the House.
HPV: School Entry Requirements
Introduced in 24 states
Bill Status:
Passed at least one chamber in IN, KY and VA
Governor executive order in TX
INDIANA: In February, the Senate adopted a measure that would require the state to develop informational materials for parents about the HPV vaccine. After receiving these materials, parents would be able to refuse the vaccine for their daughters. The measure is awaiting action in the House.
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 is awaiting action in the Senate.
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: In February, both chambers of the legislature adopted two identical measures that would require HPV vaccination for middle school attendance. Parents could refuse to have their daughters vaccinated. The measure is awaiting action by Gov. Tim Kaine (D).
Parental Involvement Requirements for Minors Seeking Contraceptive Services
Introduced in 3 states
Click here for current status of state policy
State Medicaid Family Planning Eligibility Expansions
Introduced in 4 states
Bill Status:
Passed at least one chamber in VA
Click here for current status of state policy
VIRGINIA: In February, the legislature adopted a measure 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 bill is awaiting action by Gov. Tim Kaine (D).
PREGNANCY & BIRTH
See also:
Fetal and Pregnant Woman Assault
Introduced in 18 states
Bill Status
Passed at least one chamber in IN, KS, VA and WY
INDIANA: In February, the Senate passed a measure that would increase battery charges for knowingly assaulting and causing injury to a pregnant woman. The measure is awaiting action in the House.
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.
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 February, the legislature passed a measure that would create the crime of homicide of an unborn child or fetus. This new crime would apply only when the mother is killed as well. The measure is awaiting action by Gov. Dave Freudenthal (D).
HIV Testing of Infants and Pregnant Women
Introduced in 7 states
Infant Abandonment
Introduced in 15 states
Click here for current status of state policy
Infertility Coverage
Introduced in 14 states
Nonmedical Use of Ultrasound
Introduced in no states
Stillborn Certificates
Introduced in 3 states
Bill Status:
Passed at least one chamber in SD
SOUTH DAKOTA: In February, the legislature passed a measure that would allow women who lose a fetus after 20 weeks’ gestation to seek a certificate of birth resulting in a stillbirth. The certificate would not be mandatory and would not count toward statistical reporting in the state. The measure is awaiting action by Gov. Mike Rounds (R).
Substance Abuse During Pregnancy
Introduced in 21 states
Bill Status:
Passed at least one chamber in MT and WY
Click here for current status of state policy
MONTANA: In January, the House passed a measure that would require individuals operating in a professional capacity to report to the Department of Health if they know of an infant affected by drug exposure. The measure is awaiting Senate action.
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 is awaiting action in the Senate.
REFUSAL CLAUSES
Establishing the Right to Refuse to Provide Abortion Services
Allowing Health Professionals to Refuse:
Introduced in 6 states
Click here for current status of state policy
Allowing Insurers to Refuse:
Introduced in 4 states
Click here for current status of state policy
Allowing Pharmacists to Refuse:
Introduced in 8 states
Click here for current status of state policy
Allowing Facilities to Refuse:
Introduced in 5 states
Click here for current status of state policy
Establishing the Right to Refuse to Provide Contraceptive Services
(See also: Requiring Pharmacists to Dispense Contraception)
Allowing Health Professionals to Refuse:
Introduced in 4 states
Click here for current status of state policy
Allowing Insurers to Refuse:
Introduced in 4 states
Click here for current status of state policy
Allowing Pharmacies to Refuse:
Introduced in 4 states
Click here for current status of state policy
Allowing Pharmacists to Refuse:
Introduced in 6 states
Click here for current status of state policy
Establishing the Right to Refuse to Provide Medical Care in General
Allowing Health Professionals to Refuse:
Introduced in 4 states
Click here for current status of state policy
Allowing Insurers to Refuse:
Introduced in 4 states
Click here for current status of state policy
Allowing Pharmacists to Refuse:
Introduced in 5 states
Click here for current status of state policy
Allowing Facilities to Refuse:
Introduced in 4 states
Click here for current status of state policy
YOUTH
See also:
ABORTION: Parental Involvement
CONTRACEPTION & PREVENTION: Parental Involvement
Child Abuse Reporting
Introduced in 4 states
Bill Status:
Passed at least one chamber in MS
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. The measure is awaiting action in the House.
Minors Access to Reproductive Healthcare
Introduced in 6 states
Bill Status:
Passed at least one chamber in ND
Click here for current status of state policy
NORTH DAKOTA: In January, the Senate passed a measure that would guarantee a minor’s right to consent to care related to the detection or treatment of pregnancy. Physicians would have 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 is awaiting action in the House.
Sex Education
Introduced in 15 states
Bill Status:
Passed at least one chamber in CO
Click here for current status of state policy
COLORADO: In February, the House adopted a measure that would establish requirements for school districts offering sex education. Any instruction would describe abstinence as the “only certain way and most effective way to avoid pregnancy” and STIs. Abstinence is defined to exclude any sexual activity, including “genital skin-to-skin” contact. The bill would also require education on the risks and benefits of contraceptive methods, including emergency contraception. It is awaiting action in the Senate.
Production of the State Update is made possible by support from The David and Lucile Packard Foundation and The John Merck Fund.