Monthly State Update:
MAJOR DEVELOPMENTS IN 2007
(as of 02/01/2007)
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 February, 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, NH, NJ, NM, NY, NC, ND, OH, OR, PA, RI, SC, SD, TN, TX, UT, VT, VA, WA, WV, WI and WY) were in regular session. Legislatures in five states (AL, FL, LA, NV and OK) have not yet convened for the 2007 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 Women 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
Nonmedical
Use of Ultrasound
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: 9 states
State with further action
Passed at least one chamber: ND
In January, the NORTH DAKOTA 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.
'Choose Life' License Plate Revenue Used to Fund Crisis Pregnancy Centers
Introduced: 2 states
Click here for current status of state policy
Crisis Pregnancy Centers/Alternatives to Abortion
Introduced: 5 states
Fetal Pain
(These bills overlap with bills in the Mandatory Counseling and Waiting Period category.)
Introduced: 5 states
Click here for the current status of state policy
Mandatory Counseling and Waiting Periods Before Abortion
Women Required to Receive State-Directed Counseling:
Introduced: 4 states
Click here for current status of state policy
Requirements for State-Directed Counseling Followed by a Waiting Period:
Introduced: 3 states
Click here for current status of state policy
Medication Abortion
Introduced: 3 states
Minors Reporting Requirements
Introduced: 6 states
Parental Involvement in Minors' Abortions
Parental Consent Requirements:
Introduced: 9 states
Click here for current status of state policy
Parental Notification Requirements:
Introduced: 10 states
Click here for current status of state policy
'Partial-Birth' Abortion
Introduced: 3 states
Click here for current status of state policy
Physician-Only Requirements
Introduced: 0 states
Postviability Abortion
Introduced: 5 states
Click here for current status of state policy
Private Insurance Coverage of Abortion
Introduced: 1 state
Click here for current status of state policy
Prohibiting Forcing a Women to Have an Abortion
Introduced: 3 states
State with further action:
Passed at least one chamber: VA
In January, the VIRGINIA House passed a measure that would make coercing a woman into having an abortion felony. The measure is awaiting Senate action.
Protecting Access to Abortion
Introduced: 1 state
Protecting Access to Clinics
Introduced: 2 states
Click here for current status of state policy
Public Funding of Abortion for Low-Income Women
Introduced: 7 states
Click here for current status of state policy
Reporting Statistical Information to State Agencies
Introduced: 5 states
Click here for current status of state policy
Requiring Abortion Providers to Have Hospital Privileges
Introduced: 0 states
Click here for current status of state policy
Stem-Cell and Embryo Research
Introduced: 19 states
States with further action
Passed at least one chamber: MT
Enacted: MI
(ENACTED) In January, MICHIGAN 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, are in effect.
In January, the MONTANA 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.
Targeted Regulation of Abortion Providers
Introduced: 6 states
State with further action
Passed at least one chamber: VA
In January, the VIRGINIA House passed a measure that would reclassify facilities that perform 25 or more first trimester abortions annually as ambulatory surgical facilities, which would require them to meet stricter inspection and building codes. The measure is awaiting action in the Senate.
CONTRACEPTION & PREVENTION
See also:
REFUSAL
CLAUSES
YOUTH: Child Abuse Reporting
Abortion-Related Restrictions on Family Planning Funds
Introduced: 3 states
Click here for current status of state policy
Contraceptive Coverage Mandates
Introduced: 4 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: 7 states
State with further action
Passed at least one chamber: CO
Click here for current status of state policy
In January, the COLORADO Senate adopted a measure that would require hospitals to provide women who have been sexually assaulted with information about emergency contraception; 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. The measure is awaiting action by the House.
Allowing Pharmacists to Provide Emergency Contraception without a Prescription:
Introduced: 2 states
Click here for current status of state policy
Expanding Access to Emergency Contraception:
Introduced: 1 state
Click here for current status of state policy
Restricting Access to Emergency Contraception:
Introduced: 2 states
Click here for current status of state policy
Requiring Pharmacists or Pharmacies to Dispense Contraception
Introduced: 5 states
HPV: Insurance Coverage
Introduced: 12 states
HPV: School Entry Requirements
Introduced: 20 states
Parental Involvement Requirements for Minors Seeking Contraceptive Services
Introduced: 0 states
Click here for current status of state policy
State Medicaid Family Planning Eligibility Expansions
Introduced: 1 state
Click here for current status of state policy
PREGNANCY & BIRTH
See also:
Fetal and Pregnant Woman Assault
Introduced: 22 states
HIV Testing of Infants and Pregnant Women
Introduced: 3 states
Infant Abandonment
Introduced: 9 states
Click here for current status of state policy
Infertility Coverage
Introduced: 9 states
Nonmedical Use of Ultrasound
Introduced: 0 states
Substance Abuse During Pregnancy
Introduced: 17 states
State with further action
Passed at least one chamber: MT
Click here for current status of state policy
In January, the MONTANA 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.
REFUSAL CLAUSES
Establishing the Right to Refuse to Provide Abortion Services
Allowing Health Professionals to Refuse:
Introduced: 3 states
Click here for current status of state policy
Allowing Insurers to Refuse:
Introduced: 3 states
Click here for current status of state policy
Allowing Pharmacists to Refuse:
Introduced: 5 states
Click here for current status of state policy
Allowing Facilities to Refuse:
Introduced: 3 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: 3 states
Click here for current status of state policy
Allowing Insurers to Refuse:
Introduced: 3 states
Click here for current status of state policy
Allowing Pharmacies to Refuse:
Introduced: 3 states
Click here for current status of state policy
Allowing Pharmacists to Refuse:
Introduced: 5 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: 3 states
Click here for current status of state policy
Allowing Insurers to Refuse:
Introduced:3 states
Click here for current status of state policy
Allowing Pharmacists to Refuse:
Introduced: 5 states
Click here for current status of state policy
Allowing Facilities to Refuse:
Introduced: 3 states
Click here for current status of state policy
YOUTH
See also:
ABORTION: Parental Involvement
CONTRACEPTION & PREVENTION: Parental Involvement
Child Abuse Reporting
Introduced: 3 states
Minors Access to Reproductive Healthcare
Introduced: 4 states
State with further action
Passed at least one chamber: ND
Click here for current status of state policy
In January, the NORTH DAKOTA 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: 13 states
Click here for current status of state policy
Production of the State Update is made possible by support from The David and Lucile Packard Foundation and The John Merck Fund.