Monthly State Update:
MAJOR DEVELOPMENTS IN 2009
(as of 1/31/2009)
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 44 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, WI and WY) were in regular session. The other six state legislatures (AL, FL, LA, NV, OK and WV) will convene their regular sessions over the next two months.
For a state-by-state chart of legislation enacted in 2009, click here.
Jump to actions around:
Crisis Pregnancy Centers/Alternatives to Abortion
Mandatory Counseling and Waiting Periods
Medical Emergency Exception in Abortion Law
Minors
Reporting
Parental Involvement
'Partial-Birth' Abortion
Physician Liability
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
State Participation in Abortion
Targeted Regulation of Abortion Providers
Ultrasound Requirements
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
Click here for current status of state policy
Introduced in 3 states
'Choose Life' License Plate Revenue Used to Fund Crisis Pregnancy Centers
Click here for current status of state policy
Introduced in 2 states
Crisis Pregnancy Centers/Alternatives to Abortion
Introduced in 2 states
Fetal Pain
Click here for current status of state policy
Introduced in 4 states (These bills overlap with bills in the Mandatory Counseling, Waiting Period and Ultrasound Requirements categories.)
Mandatory Counseling and Waiting Periods Before Abortion
Click here for current status of state policy
Women Required to Receive State-Directed Counseling
Introduced in 7 states ((These bills overlap with bills in the Fetal Pain and Ultrasound Requirements categories.)
Requirements for State-Directed Counseling Followed by a Waiting Period
Introduced in 2 states
Medical Emergency Exception in Abortion Law
Introduced in 0 states
Medication Abortion
Introduced in 0 states
Minors Reporting Requirements
Introduced in 0 states
Parental Involvement in Minors' Abortions
Click here for current status of state policy
Parental Consent Requirements
Introduced in 5 states
Parental Notification Requirements
Introduced in 6 states
'Partial-Birth' Abortion
Click here for current status of state policy
Introduced in 4 states
Physician Liability
Introduced in 1 state
Physician-Only Requirements
Click here for current status of state policy
Introduced in 1 state
Postviability Abortion
Click here for current status of state policy
Introduced in 2 states
Private Insurance Coverage of Abortion
Click here for current status of state policy
Introduced in 0 states
Prohibiting Forcing a Woman to Have an Abortion
Introduced in 6 states
Bill Status:
Enacted in OH
OHIO: In January, a law requiring facilities that perform abortions to display a sign stating that a woman cannot be coerced into having an abortion and encouraging any woman who feels that she has been coerced to discuss the issue with clinic staff was enacted without Gov. Ted Strickland’s (D) signature. The measure passed the legislature in October 2008. The law, which also increases the penalty for domestic violence if the offender knew the woman was pregnant at the time, goes into effect in April.
Protecting Access to Abortion
Click here for current status of state policy
Introduced in 1 state
Protecting Access to Clinics
Click here for current status of state policy
Introduced in 0 states
Public Funding of Abortion for Low-Income Women
Click here for current status of state policy
Introduced in 2 states
Reporting Statistical Information to State Agencies
Click here for current status of state policy
Introduced in 4 states
Requiring Abortion Providers to Have Hospital Privileges
Click here for current status of state policy
Introduced in 2 states
State Participation in Abortion
Introduced in 0 states
Targeted Regulation of Abortion Providers
Introduced in 1 state
Ultrasound Requirements
Click here for current status of state policy
Introduced in 9 states
Bill Status:
Passed at least one chamber in ND
NORTH DAKOTA: In January, the House approved a provision that would require abortion clinics to offer a woman seeking an abortion an ultrasound at least 24 hours prior to the procedure. The measure would also require abortion providers to keep records of the number of women who accept the offer to have an ultrasound, the number who decline and the number in each group who go on to have an abortion. 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
Click here for current status of state policy
Introduced in 2 states
Contraceptive Coverage Mandates
Click here for current status of state policy
Introduced in 2 states
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 3 states
Allowing Pharmacists to Provide Emergency Contraception without a Prescription
Introduced in 1 state
Expanding Access to Emergency Contraception
Introduced in 2 states
Restricting Access to Emergency Contraception
Introduced in 0 states
Requiring Pharmacists or Pharmacies to Dispense Contraception
Introduced in 4 states
HPV: Insurance Coverage
Introduced in 1 state
HPV Vaccine: Required for School Entry
Introduced in 2 states
Parental Involvement Requirements for Minors Seeking Contraceptive Services
Click here for current status of state policy
Introduced in 0 states
Partner Treatment for Sexually Transmitted Infections
Introduced in 5 states
Bill Status:
Passed at least one chamber in UT
UTAH: In January, the House passed a measure that would allow a medical provider to prescribe or dispense a drug for STI treatment for partners of their patients without seeing the partner. The bill is currently awaiting action in the Senate.
State Medicaid Family Planning Eligibility Expansions
click here for current status of state policy
Introduced in 0 states
PREGNANCY & BIRTH
See also:
Fetal and Pregnant Woman Assault
Introduced in 10 states
HIV Testing of Infants and Pregnant Women
Introduced in 6 states
Infant Abandonment
Click here for current status of state policy
Introduced in 6 states
Infertility Coverage
Introduced in 6 states
Non-Medical Use of Ultrasound
Introduced in 2 states
Stillborn Certificates
Introduced in 1 state
Substance Abuse During Pregnancy
Click here for current status of state policy
Introduced in 7 states
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 4 states
Allowing Insurers to Refuse
Introduced in 2 states
Allowing Pharmacists to Refuse
Introduced in 5 states
Allowing Facilities to Refuse
Introduced in 4 states
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 4 states
Allowing Insurers to Refuse
Introduced in 2 states
Allowing Pharmacies to Refuse
Introduced in 4 states
Allowing Pharmacists to Refuse
Introduced in 4 states
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 4 states
Allowing Insurers to Refuse
Introduced in 2 states
Allowing Pharmacists to Refuse
Introduced in 4 states
Allowing Facilities to Refuse
Introduced in 4 states
YOUTH
See also:
ABORTION: Parental Involvement
CONTRACEPTION & PREVENTION: Parental Involvement
Child Abuse Reporting
Introduced in 2 states
Bill Status:
Passed at least one chamber in MS
MISSISSIPPI: In January, the Senate passed a measure that would require Vital Records and Board of Health employees, along with teachers and principals, to report to the authorities certain instances where a minor younger than 14 became pregnant, gave birth or had sex. The bill is awaiting action in the House.
MISSISSIPPI: In January, the Senate passed a measure that would require individuals—including physicians and teachers—who are charged with reporting suspected cases of child abuse to report all instances of alleged or suspected sexual abuse. It would also prohibit these individuals from using their professional discretion to determine which situations to report. In addition, the measure would require a physician performing an abortion on a minor younger than 14 to provide a fetal tissue sample to the state bureau of investigation and crime laboratory. The bill, which would also criminalize assisting a minor seeking an abortion without parental consent, is awaiting action in the House.
Minors Access to Reproductive Healthcare
Click here for current status of state policy
Introduced in 7 states
Sex Education
Click here for current status of state policy
Introduced in 8 states
Production of the State Update is made possible by support from The John Merck Fund.