Advancing Sexual and Reproductive Health and Rights
 

Monthly State Update:
MAJOR DEVELOPMENTS IN 2009

(as of 3/31/2009)

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 April, legislatures in 43 states (AL, AK, AZ, AR, CA, CO, CT, DE, FL, GA, HI, ID, IL, IN, IA, KS, ME, MD, MA, MI, MN, MS, MO, MT, NE, NV, NH, NJ, NY, NC, ND, OH, OK, OR, PA, RI, SC, TN, TX, VT, WA, WV and WI) were in regular session. Six states (KY, NM, SD, UT, VA and WY) have adjourned their regular sessions. The last state legislature (LA) will convene its regular session shortly.

For a state-by-state chart of legislation enacted in 2009, 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 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

Public Funding of Abortion

Requiring Abortion Providers to Have Hospital Privileges
Reporting Statistical Information to State Agencies

Sex Selection

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 Fund
Contraceptive Coverage

Defining Contraception
Emergency Contraception

HPV: Insurance Coverage

HPV: School Entry Requirements

Parental Involvement

Partner Treatment

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

Non-Medical 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 8 states

Bill Status:

Passed at least one chamber in MT and ND

MONTANA: In March, the House defeated a measure that would have put an initiative on the 2010 ballot to ban all induced abortions in the state. The measure was approved by the Senate in February.

MONTANA: In March, the House defeated a measure that would have put an initiative on the 2010 ballot to define a fetus as a human being from the moment of fertilization or conception. The measure was approved by the Senate in February.

NORTH DAKOTA: In February, the House passed a measure that would entitle all persons, defined by the measure as any organism possessesing a human genome, to equal rights and privileges under state law. The measure is awaiting action in the Senate. 

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

Click here for current status of state policy

Introduced in 6 states

Bill Status:

Enacted in VA

MISSOURI: In March, the United States Court of Appeals for the Eighth Circuit upheld a lower court ruling allowing the state to manufacture and sell “Choose Life” license plates; funds generated from the sale of the plates would go to crisis pregnancy centers. The state has not decided whether to appeal to the U.S. Supreme Court.

(ENACTED) VIRGINIA: In March, Gov. Tim Kaine (D) signed a bill to authorize the sale of “Choose Life” license plates. Money generated from the sale of the plates would be allocated to crisis pregnancy centers across the state. The measure, which passed the legislature in February, goes into effect July 1, 2009.

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Crisis Pregnancy Centers/Alternatives to Abortion

Introduced in 8 states

Bill Status:

Passed at least one chamber in MO, ND and OK

MISSOURI: In March, the House passed a measure that would allocate funds to provide alternatives to abortion for any pregnant woman 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 awaiting action in the Senate.

 NORTH DAKOTA: In February, the Senate passed a measure that would allocate $500,000 to fund alternatives-to-abortion services over the next two years. The bill is awaiting action in the House. 

OKLAHOMA: In March, the House passed three measures to appropriate funds for the Alternatives to Abortion Revolving Fund. The fund cannot be used by organizations that support or perform abortions. The measures are awaiting action in the Senate.

OKLAHOMA: In February, the House passed a measure that would allocate state funds for alternatives-to-abortion services. The measure is awaiting action in the Senate.

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Fetal Pain

Click here for current status of state policy

Introduced in 7 states (These bills overlap with bills in the Mandatory Counseling, Waiting Period and Ultrasound Requirements categories.)

Bill Status:

Passed at least one chamber in IN and MO

Enacted in UT

INDIANA: In February, the Senate approved a measure that would require an abortion provider to inform a woman seeking an abortion that there is differing evidence as to whether a fetus can feel pain. The measure, which also contains counseling provisions, is awaiting action in the House.

MISSOURI: In March, the House passed a measure that would require an abortion provider to inform a woman having an abortion after 21 weeks of pregnancy of the purported ability of the fetus to feel pain and to offer her the option of obtaining anesthesia for the fetus. It would also require a provider to provide information about the physical characteristics of the fetus. The bill, which also contains provisions regarding informed consent, hospital requirements, ultrasound and coercion, is awaiting action in the Senate.

(ENACTED) UTAH: In March, Gov. Jon Huntsman Jr. (R) signed a bill requiring that a woman who is seeking an abortion at 20 weeks’ gestation or more be offered anesthesia for the fetus and verbal counseling and state-developed written materials on this option. The materials will be required to be “truthful and nonmisleading” and include information on the potential risk to the woman’s health from providing pain medication to the fetus. The provider is not required to offer the materials or the option of providing fetal anesthesia if the woman’s life is endangered, if there is a substantial risk to her health or in cases of medical emergency. The measure, which passed the House in February and the Senate in March, goes into effect in May.

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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 7 states (These bills overlap with bills in the Fetal Pain and Ultrasound Requirements categories.)

Bill Status:

Passed at least one chamber in IN, KS, MO and ND

Enacted in KS

INDIANA: In February, the Senate passed a bill that would require an abortion provider to inform a woman seeking an abortion that an embryo begins to “grow as human physical life” from the moment of fertilization. The provider would also be required to give the woman written information on the physical risks of carrying a pregnancy to term and the risks of abortion, as well as the availability of adoption as an alternative. The measure, which also contains a provision related to fetal pain, is awaiting action in the House.

KANSAS: In March, the House approved a measure that would require an abortion provider to inform a woman seeking an abortion that the fetus is a “separate, whole, unique person.” The measure, which also contains provisions regarding postviability abortion counseling, abortion reporting, and partial-birth abortion, is awaiting action in the Senate.

(ENACTED) KANSAS: In March, Gov. Kathleen Sebelius (D) signed a bill expanding the requirements for the written materials abortion providers give to women seeking an abortion. The measure requires the materials to include contact information for perinatal hospices and a list of organizations that provide free ultrasound examinations. It also requires the provider to inform the woman that these materials are available online. The measure, which also contains provisions regarding coercion and ultrasound, passed the legislature in March and goes into effect July 1, 2009.

MISSOURI: In March, the House approved a measure that would require a provider to give a woman seeking an abortion written materials developed by the state. These materials would contain a statement that “the life of your unborn child began at conception,” and information on fetal development and resources for continuing a pregnancy to term. The provider would also be required to inform the woman of the probable gestational age of the fetus. Abortion facilities would also be required to publicly display information on alternatives to abortion. The bill, which also contains provisions regarding coercion, ultrasound, hospital requirements and fetal pain, is awaiting action in the Senate.

NORTH DAKOTA: In February, the House adopted a measure that would require abortion providers to inform women seeking an abortion that the procedure would end the life of a “whole, separate, and unique human being.” The measure is currently awaiting action in the Senate. 

 

Requirements for State-Directed Counseling Followed by a Waiting Period

Introduced in 7 states (These bills overlap with bills in the Fetal Pain and Ultrasound Requirements categories.)

Bill Status:

Passed at least one chamber in AZ, KY and SC

ARIZONA: In March, the House approved a bill that would require a physician to inform a woman seeking an abortion about the risks of the procedure and of carrying the pregnancy to term, the developmental stage of the fetus and alternatives to abortion. The information would have to be provided in person at least 24 hours prior to the abortion, thereby necessitating two trips to the clinic. The provider would also be required to inform the woman about adoption agencies and prenatal care options, should she decide to continue the pregnancy to term. The bill, which also includes coercion, parental consent, physician-only, medical emergency and medical provider refusal provisions, is awaiting action in the Senate.

KENTUCKY: In March, the House and Senate approved separate but identical measures that would mandate an in-person counseling session 24 hours before an abortion procedure, in effect necessitating that a woman make two clinic trips to obtain an abortion. (The state currently permits the counseling to take place by mail or phone.) The measures, which also contain an ultrasound provision, are not expected to advance further since the legislature has adjourned its regular session.

SOUTH CAROLINA: In February, the House passed a bill that would require a woman to wait 24 hours between receiving state-mandated counseling materials and obtaining an abortion. Under current law, the waiting period is one hour. The measure, which would also expand the requirements for an ultrasound provided in advance of an abortion, is awaiting action in the Senate.

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Medical Emergency Exception in Abortion Law

Introduced in 6 states

Bill Status:

Passed at least one chamber in AZ

ARIZONA: In March, the House approved a bill that would waive informed consent and waiting period requirements in cases of medical emergency. It would also require a provider to inform a woman of the medical reasons for an emergency abortion before the procedure takes place, if possible. The bill, which includes coercion, informed consent, parental consent and medical provider refusal provisions, is awaiting action in the Senate.

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Medication Abortion

Introduced in 0 states

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Minors Reporting Requirements

Introduced in 3 states

Bill Status:

Passed at least one chamber in OK

OKLAHOMA: In February, the House passed a measure that would require abortion providers to report extremely detailed information regarding minors’ abortions, including whether physicians received the mandatory parental consent, whether minors sought judicial bypass and whether a bypass was granted. Similar language was passed by the Legislature in 2007 in an omnibus abortion bill. The bill, which would also ban abortions performed based on the sex of the fetus and expand abortion reporting requirements, is awaiting action by the House.

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Parental Involvement in Minors' Abortions

Click here for current status of state policy

Parental Consent Requirements

Introduced in 10 states

Bill Status:

Passed at least one chamber in AZ

ARIZONA: In March, the House adopted a measure that would amend the state’s parental consent requirement for minors seeking an abortion. The bill would add a requirement that the parent’s written informed consent be notarized and establish standards for the court in deciding whether to waive the state’s parental consent requirement because of a minor’s maturity. The bill would also prohibit a parent from refusing financial support as a means to coerce a daughter into having an abortion; the minor would become emancipated and eligible for public assistance. Public funds received by the emancipated minor may not be used to procure an abortion. The bill, which includes coercion, informed consent, parental consent, medical emergency and medical provider refusal provisions, is awaiting action in the Senate.

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Parental Notification Requirements

Introduced in 10 states

Bill Status:

Passed at least one chamber in MT

MONTANA: In March, a House committee defeated a measure that would have allowed a judge to grant a judicial bypass if an abortion is in the best interest of the minor. This bill is an attempt to make the state’s currently enjoined parental notification law constitutional. The bill passed the Senate in February.

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'Partial-Birth' Abortion

Click here for current status of state policy

Introduced in 8 states

Bill Status:

Passed at least one chamber in AZ and KS

Enacted in AR

ARIZONA: In March, the House adopted a bill that would revise the state’s ban on “partial-birth” abortion. This bill would modify the currently enjoined law to mirror the federal ban. The measure is awaiting action in the Senate.

 (ENACTED) ARKANSAS: In February, Gov. Mike Beebe (D) signed a measure that bans the performance of a “partial-birth” abortion. The new law allows the procedure if it is performed in order to save the woman’s life. The state’s existing “partial-birth” abortion ban has never been in effect because of judicial action. The new law, which passed the legislature in February and went into effect when signed, mirrors the language in the federal law that was upheld in April 2007.

KANSAS: In March, the House passed a measure that would amend the state’s ban on “partial-birth” abortion by revising the definition of “partial-birth” abortion to mirror the definition in federal law. The measure would also amend the state’s laws on postviability abortion, abortion counseling and abortion reporting. The measure is awaiting action in the Senate.

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Physician Liability

Introduced in 1 state

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Physician-Only Requirements

Click here for current status of state policy

Introduced in 3 states

Bill Status:

Passed at least one chamber in AZ

ARIZONA: In March, the House approved a bill that would prohibit all providers except physicians from performing surgical abortions. The bill, which includes coercion, informed consent, parental consent, medical emergency and medical provider refusal provisions, is awaiting action in the Senate.

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Postviability Abortion

Click here for current status of state policy

Introduced in 4 states

Bill Status:

Passed at least one chamber in KS

Enacted in UT

KANSAS: In March, the House adopted a bill that would revise the state’s postviability abortion law. Current law defines fetal viability as the point at which a physician determines a fetus can survive without the “application of extraordinary measures.” In an attempt to establish viability at an earlier stage in pregnancy, the bill would change the viability standard to the point at which a fetus can survive with or without medical intervention. The measure would also ban “partial-birth” abortion and amend the state’s requirements for abortion reporting and abortion counseling. The measure is awaiting action in the Senate.

(ENACTED) UTAH: In March, Gov. Jon Huntsman Jr. (R) signed into law a bill that amends the state’s postviability abortion law. Currently, the law prohibits an abortion of a viable fetus during the third trimester unless the woman’s physical or mental health is seriously at risk, there is a fetal abnormality or the abortion is necessary to save the woman’s life. The bill will allow abortion after viability in cases of life endangerment, “serious risk of substantial and irreversible impairment of a major bodily function,” severe fetal abnormality as certified by two physicians, or rape or incest reported to the police. Providing an abortion except in one of these circumstances will be a felony. The measure, which passed the legislature in February, goes into effect in May.

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Private Insurance Coverage of Abortion

Click here for current status of state policy

Introduced in 3 states

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Prohibiting Forcing a Woman to Have an Abortion

Introduced in 12 states

Bill Status:

Passed at least one chamber in AZ, MO and ND

Enacted in KS and OH

ARIZONA: In March, the House approved a bill that would require an abortion provider to tell a woman in person, that she cannot be coerced into having an abortion. The bill, which also includes informed consent, parental consent, physician-only, medical emergency and medical provider refusal provisions, is awaiting action in the Senate.

(ENACTED) KANSAS: In March, Gov. Kathleen Sebelius (D) signed a bill that will require abortion facilities to post a notice informing women that they cannot be coerced into having an abortion and that an abortion may only be performed if the woman has voluntarily consented to the procedure; it will also inform women that they can contact a law enforcement agency if they feel that they have been the victim of coercion. The measure, which also contains provisions regarding informed consent and ultrasound, passed the legislature in March and goes into effect July 1, 2009.

MISSOURI: In March, the House passed a bill that would make it a crime to coerce a woman into having an abortion and require abortion facilities to display a sign informing women that no one has the right to coerce them into having the procedure. The measure would also add criminal penalties for abortion providers, intimate partners, or family members if they coerced a woman into having an abortion. The bill, which also contains provisions regarding informed consent, ultrasound, hospital requirements and fetal pain, is awaiting action in the Senate.

NORTH DAKOTA: In March, the House passed a measure that would require abortion facilities to prominently display signs containing the following statement: “No one can force you to have an abortion. It is against the law for a spouse, a boyfriend, a parent, a friend, a medical care provider, or any other person to in any way force you to have an abortion.” The signs would be produced by the state department at no cost to abortion facilities. The measure, which passed the Senate in February, is awaiting action by Gov. John Hoeven (R).

(ENACTED) 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.

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Protecting Access to Abortion

Click here for current status of state policy

Introduced in 3 states

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Protecting Access to Clinics

Click here for current status of state policy

Introduced in 3 states

Bill Status:

Passed at least one chamber in MT

MONTANA: In March, the Senate passed a measure that would protect clinic protesters by penalizing anyone who approached them without their consent, except when necessary to enter or exit the clinic. The measure is awaiting action in the House.

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Public Funding of Abortion for Low-Income Women

Click here for current status of state policy

Introduced in 7 states

Bill Status:

Passed at least one chamber in MD and VA

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 woman’s physical and mental health is at grave risk. The measure is awaiting action by Gov. Martin O’Malley (D).

VIRGINIA: In February, both chambers adopted the state’s budget without a provision that would have limited public funds for abortion under Medicaid to cases of life endangerment, rape and incest; it would have excluded funding in cases of fetal abnormality. The version of the bill that passed the House earlier in February included these restrictions on publicly funded abortions as well as provisions that would have prohibited Planned Parenthood from receiving state funds and would have mandated that abortion clinics meet certain requirements. It is awaiting action by Gov. Tim Kaine (D).

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Reporting Statistical Information to State Agencies

Click here for current status of state policy

Introduced in 10 states

Bill Status:

Passed at least one chamber in KS and OK

KANSAS: In March, the House approved a measure that would expand the state’s current abortion reporting requirements to mandate that a provider include information on the specific diagnosis for a postviability abortion and a written certification by the provider and another physician that the procedure was necessary. The provider and the physician would also be required to certify in writing that they do not have a legal or financial relationship. The measure, which contains provisions regarding postviability abortion counseling and partial birth abortion, is awaiting action in the Senate.

OKLAHOMA: In February, the House adopted a measure that would revise and expand the state’s requirements for abortion reporting. Among other reporting requirements, the bill would mandate that providers report on whether anesthesia was provided to the fetus, report cost and payment information and report whether and how the abortion counseling and written materials were provided to the woman. They would also be required to ask the woman why she obtained the abortion; one possible response would be that she “wanted a child of a different sex.” The bill, which would penalize providers for performing an abortion for purposes of sex selection and expand reporting requirements regarding minors’ abortions, is currently awaiting action in the Senate.

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Requiring Abortion Providers to Have Hospital Privileges

Click here for current status of state policy

Introduced in 3 states

Bill Status:

Passed at least one chamber in IN and MO

INDIANA: In February, the Senate approved a bill that would require physicians who perform abortions to have admitting privileges at a hospital within or adjacent to the county in which they perform abortions. The measure is awaiting action in the House.

MISSOURI: In March, the House passed a measure that would require that an abortion provider have hospital admitting privileges 30 miles from where the abortion would be performed. The bill—which also contains provisions regarding informed consent, ultrasound, fetal pain and coercion—is awaiting action in the Senate.

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Sex Selection

Introduced in 4 states

Bill Status:

Passed at least one chamber in OK

OKLAHOMA: In February, the House passed a bill that would penalize providers for knowingly performing an abortion for purposes of sex selection. The bill, which would also expand reporting requirements, including reporting requirements for an abortion obtained by a minor, is currently awaiting action in the Senate. 

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State Participation in Abortion

Introduced in 0 states

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Targeted Regulation of Abortion Providers

Introduced in 6 states

Bill Status:

Passed at least one chamber in VA

VIRGINIA: In February, both chambers adopted the state’s budget without a provision that would have classified facilities that provide 25 or more first-trimester abortions a year as ambulatory surgical centers, which would subject them to increased regulation by the state. The version of the bill that passed the House in February included these abortion facility requirements as well as provisions to limit public funds for abortion and to prohibit Planned Parenthood from receiving state funds. It is awaiting action by Gov. Tim Kaine (D).

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Ultrasound Requirements

Click here for current status of state policy

Introduced in 21 states

Bill Status:

Passed at least one chamber in KY, MO, ND, SC and VA

Enacted in KS

(ENACTED) KANSAS: In March, Gov. Kathleen Sebelius (D) signed a bill requiring that if an ultrasound is performed prior to an abortion, the provider must offer the woman an opportunity to view the image. Similarly, if heart monitoring equipment is used, the woman must be offered the opportunity to hear the fetal heartbeat. The measure, which also contains provisions regarding coercion and informed consent,  passed the legislature in March and goes into effect July 1, 2009.

KENTUCKY: In March, the House and Senate approved separate but identical measures that would require an abortion provider to perform an ultrasound prior to an abortion, explain the results of the ultrasound and review the image with the woman. The woman would be entitled to “avert her eyes” from the monitor during the review, and would not be penalized for refusing to look at the image. The measures, which also contain a waiting period provision, are not expected to advance further since the legislature has adjourned its regular session.

MISSOURI: In March, the House approved a measure that would require a provider to offer a woman seeking an abortion the opportunity to obtain an ultrasound and to provide her with a list of places where an ultrasound could be obtained, prior to the abortion procedure. An abortion provider would also have to provide a woman with the opportunity to hear the fetal heartbeat, if audible. The bill, which also contains provisions regarding coercion, informed consent, hospital requirements and fetal pain, is awaiting action in the Senate.

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.

SOUTH CAROLINA: In February, the House passed a bill that would expand current state policy requiring that a woman seeking an abortion be offered an ultrasound at least 24 hours prior to the procedure. Under the bill, the provider would be required to tell the woman the probable gestational age of the fetus. The measure, which would also increase the waiting period for a woman seeking an abortion, is awaiting action in the Senate.

VIRGINIA: In February, a Senate committee defeated a bill that would have required abortion providers to perform an ultrasound on every woman seeking an abortion and offer the woman the option to see the image. The bill passed the House earlier in February.

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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 7 states

Bill Status:

Passed at least one chamber in KS and VA

Enacted in CO

(ENACTED) COLORADO: In March, Gov. Bill Ritter (D) signed into law a measure that reenacts a longstanding prohibition of giving state family planning funds to organizations that provide abortion services with their own funds. The measure, which passed the legislature in February, is in effect.

KANSAS: In March, a conference committee deleted a provision that would have required family planning funds dispensed by a state agency to be dispersed on a priority-based system. Facilities run by health agencies would have had the highest priority, followed by private hospitals and federally qualified health centers. The bill passed the Senate with this provision in March.

VIRGINIA: In February, both chambers adopted the state’s budget without a provision that would have prohibited any funds going through the state treasury from being allocated to Planned Parenthood affiliates. The version of the bill that passed the House earlier in February included this prohibition as well as provisions that would have limited the circumstances under which public funds may be used for abortion and would have mandated that abortion clinics meet certain requirements. It is awaiting action by Gov. Tim Kaine (D).

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Contraceptive Coverage Mandates

Click here for current status of state policy

Introduced in 5 states

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Defining Contraception

Introduced in 3 states

Bill Status:

Passed at least one chamber in CO

COLORADO: In March, the legislature passed a measure that would define contraception as “a medically acceptable drug, device or procedure used to prevent pregnancy” in order to ensure that state restrictions on abortion do not apply to contraception. The measure is awaiting action from Gov. Bill Ritter (D).

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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 9 states

Bill Status:

Passed at least one chamber in HI

Enacted in UT

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 bill is awaiting action in the House.

(ENACTED) UTAH: In March, Gov. Jon Huntsman Jr. (R) signed into law a measure that requires hospitals to provide medically accurate information on emergency contraception to a woman who has been sexually assaulted. A practitioner is required to dispense emergency contraception or to provide the medication upon request. The law goes into effect in June.

Allowing Pharmacists to Provide Emergency Contraception without a Prescription

Introduced in 1 state

Expanding Access to Emergency Contraception

Introduced in 4 states

Bill Status:

Enacted in VA

(ENACTED) VIRGINIA: In March, Gov. Tim Kaine (D) signed into law a measure that would allow a “prescriber” to authorize a certified sexual assault nurse examiner to provide CDC-recommended preventative medicines, such as emergency contraception, to women who have been sexually assaulted. The bill, which passed the legislature in February, goes into effect in July.

Restricting Access to Emergency Contraception

Introduced in 1 state

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Requiring Pharmacists or Pharmacies to Dispense Contraception

Introduced in 10 states

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HPV: Insurance Coverage

Introduced in 7 states

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HPV Vaccine: Required for School Entry

Introduced in 2 states

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Parental Involvement Requirements for Minors Seeking Contraceptive Services

Click here for current status of state policy

Introduced in 1 state

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Partner Treatment for Sexually Transmitted Infections

Introduced in 8 states

Bill Status:

Passed at least one chamber in ND

Enacted in UT

NORTH DAKOTA: In March, the legislature passed a measure that would allow a medical practitioner to treat a patients’ partner for STIs. The bill is awaiting action from Gov. John Hoeven (R).

(ENACTED) UTAH: In March, Gov. Jon Huntsman Jr. (R) signed into law a measure that allows a medical provider to prescribe or dispense a drug for treatment of chlamydia or gonorrhea for a partner of one of their patients without first seeing the partner. The bill, which passed the House in February and the Senate in March, goes into effect in May.

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State Medicaid Family Planning Eligibility Expansions

click here for current status of state policy

Introduced in 7 states

Bill Status:

Enacted in Georgia

(ENACTED) GEORGIA: In March, Gov. Sonny Perdue (R) signed into law a measure that allocates $50,000 for a federal waiver to provide family planning services to women with an income up to 200% of the federal poverty line. The law is in effect.

NORTH DAKOTA: In February, the Senate defeated a bill that would have required the health department to apply for a state Medicaid family planning expansion waiver.

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PREGNANCY & BIRTH

See also:

REFUSAL CLAUSES

Fetal and Pregnant Woman Assault

Introduced in 15 states

Bill Status:

Passed at least one chamber in IN, MT and WY

INDIANA: In February, the Senate adopted a measure that would allow for a separate murder charge to be filed if a fetus of any gestation dies because the pregnant woman was murdered or if an attempt was made on her life. Under current law, a separate murder charge can be filed only when the fetus was viable. The bill would also increase the penalties for providing an illegal abortion. The measure is awaiting action in the House.

MONTANA: In March, a House committee defeated a measure that would have made it possible to consider a fetus a victim under the state’s assault and murder statutes. The bill passed the Senate in March.

WYOMING: In February, the Senate adopted a measure that would permit the imposition of the death penalty in a case involving the murder of a woman known by perpetrator to be pregnant. No further action is expected since the legislature has adjourned its regular session.

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HIV Testing of Infants and Pregnant Women

Introduced in 12 states

Bill Status:

Passed at least one chamber in CO, HI, KS and MT

COLORADO: In March, the legislature passed a measure that would require a physician to test a pregnant woman for HIV either during prenatal care or at delivery, unless she refuses. The bill, which passed the Senate in February, is awaiting action from Gov. Bill Ritter (D).

HAWAII: In March, the Senate adopted a measure that would allow a health care provider to test a patient for HIV without written consent. The provider would be required to inform the patient of the availability of anonymous HIV testing, give the patient the opportunity to decline the test and provide post-test counseling if the test results are positive. The bill is awaiting action the House.

KANSAS: In March, the Senate passed a measure that would require a physician or other health care professional to offer a pregnant woman an HIV test either during prenatal care or at delivery. The woman would be informed in writing of the HIV screening and would sign a form consenting to or opting out of the test. 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. The mother would sign a form verifying that informed in writing of the newborn screening procedure. The bill is awaiting action in the House.

MONTANA: In March, the Senate adopted a measure that would require a prenatal care provider to inform a woman that an HIV test will be performed unless she refuses. The measure would also stipulate that a provider can offer HIV testing during the third trimester or when a patient presents for labor and delivery with unknown HIV status. The bill is awaiting action in the House.

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Infant Abandonment

Click here for current status of state policy

Introduced in 10 states and DC

Bill Status:

Passed at least one chamber in IL, ND and WA

ILLINOIS: In March, the House passed a measure that would extend the age limit at which an infant can be legally relinquished from seven to 30 days. The bill is awaiting action in the Senate.

NORTH DAKOTA: In February, a Senate committee defeated a bill that would have included fire stations as a permissible location to legally relinquish an infant.

WASHINGTON: In March, the Senate passed a measure that would include medical clinics during their hours of operation as an acceptable location to legally relinquish an infant. The bill would also mandate that a sign be displayed at locations where it is legal to surrender infants. The measure is awaiting action in the House.

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Infertility Coverage

Introduced in 13 states

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Non-Medical Use of Ultrasound

Introduced in 3 states

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Stillborn Certificates

Introduced in 8 states

Bill Status:

Passed at least one chamber in AK and NM

ALASKA: In March, the House adopted a measure that would allow the state to issue a certificate of stillbirth when requested by a parent. The medical provider would be required to inform the parent about the option to obtain the certificate. The measure is awaiting action in the Senate.

NEW MEXICO: In February, the House adopted a measure that would allow for a certificate of birth resulting in a stillbirth to be issued for a fetal death. No further action is expected since the legislature had adjourned its regular session.

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Substance Abuse During Pregnancy

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Introduced in 14 states

BIll Status:

Passed at least one chamber in AR

ARKANSAS: In March, the legislature adopted a measure that would include the presence of illegal substances in a newborn’s system in the state’s definition of “child neglect.” The bill would also allow for test results of the infant and mother to be used as evidence of neglect. The bill is awaiting action from Gov. Mike Beebe (D).

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REFUSAL CLAUSES

Establishing the Right to Refuse to Provide Abortion Services

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Allowing Health Professionals to Refuse

Introduced in 8 states

Bill Status:

Passed at least one chamber of the leigslature in AZ

ARIZONA: In March, the House adopted a measure that would expand the state’s refusal clause for abortion. Current law allows a hospital, medical provider or its employees to refuse to participate in an abortion. The measure would expand the law by allowing these entities to also refuse to facilitate an abortion. The bill, which also includes coercion, parental consent, physician-only, medical emergency, abortion counseling and waiting provisions and medical provider refusal for contraception provisions, is awaiting action in the Senate.

Allowing Insurers to Refuse

Introduced in 3 states

Allowing Pharmacists or Pharmacies to Refuse

Introduced in 10 states

Bill Status:

Passed at least one chamber of the leigslature in AZ and ID

ARIZONA: In March, the House adopted a measure that would expand the state’s refusal clause for abortion. Current law allows a hospital, medical provider or its employees to refuse to participate in an abortion. The measure would expand the law by allowing these entities to also refuse to facilitate an abortion. The bill, which also includes coercion, parental consent, physician-only, medical emergency, abortion counseling and waiting provisions and medical provider refusal for contraception provisions, is awaiting action in the Senate.

IDAHO: In March, the House adopted a measure that would allow a pharmacist to refuse to provide services because of a religious, moral or ethical objection. The measure would protect the pharmacist or the pharmacist’s employer from liability. However, a refusal cannot be based on the patient’s race, color, religion, sex or national origin. The bill is awaiting action in the Senate.

Allowing Facilities to Refuse

Introduced in 6 states

Bill Status:

Passed at least one chamber of the leigslature in AZ

ARIZONA: In March, the House adopted a measure that would expand the state’s refusal clause for abortion. Current law allows a hospital, medical provider or its employees to refuse to participate in an abortion. The measure would expand the law by allowing these entities to also refuse to facilitate an abortion. The bill, which also includes coercion, parental consent, physician-only, medical emergency, abortion counseling and waiting provisions and medical provider refusal for contraception provisions, is awaiting action in the Senate.

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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 6 states

Bill Status:

Passed at least one chamber in AZ

ARIZONA: In March, the House adopted a measure that would allow a pharmacy, hospital, medical provider or its employees to refuse to participate in or facilitate access to emergency contraception or contraceptive methods that prevent implantation of a fertilized egg. The bill, which also includes coercion, parental consent, physician-only, medical emergency, abortion counseling and waiting period, and medical provider refusal for abortion provisions, is awaiting action in the Senate.

Allowing Insurers to Refuse

Introduced in 3 states

Allowing Pharmacies to Refuse

Introduced in 6 states

Bill Status:

Passed at least one chamber in AZ

ARIZONA: In March, the House adopted a measure that would allow a pharmacy, hospital, medical provider or its employees to refuse to participate in or facilitate access to emergency contraception or contraceptive methods that prevent implantation of a fertilized egg. The bill, which also includes coercion, parental consent, physician-only, medical emergency, abortion counseling and waiting period, and medical provider refusal for abortion provisions, is awaiting action in the Senate.

Allowing Pharmacists to Refuse

Introduced in 8 states

Bill Status:

Passed at least one chamber in AZ and ID

ARIZONA: In March, the House adopted a measure that would allow a pharmacy, hospital, medical provider or its employees to refuse to participate in or facilitate access to emergency contraception or contraceptive methods that prevent implantation of a fertilized egg. The bill, which also includes coercion, parental consent, physician-only, medical emergency, abortion counseling and waiting period, and medical provider refusal for abortion provisions, is awaiting action in the Senate.

IDAHO: In March, the House adopted a measure that would allow a pharmacist to refuse to provide services because of a religious, moral or ethical objection. The measure would protect the pharmacist or the pharmacist’s employer from liability. However, a refusal cannot be based on the patient’s race, color, religion, sex or national origin. The bill is awaiting action in the Senate.

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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 3 states

Allowing Pharmacists to Refuse

Introduced in 6 states

Bill Status:

Passed at least one chamber in ID

IDAHO: In March, the House adopted a measure that would allow a pharmacist to refuse to provide services because of a religious, moral or ethical objection. The measure would protect the pharmacist or the pharmacist’s employer from liability. However, a refusal cannot be based on the patient’s race, color, religion, sex or national origin. The bill is awaiting action in the Senate.

Allowing Facilities to Refuse

Introduced in 5 states

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YOUTH

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

Child Abuse Reporting

Introduced in 5 states

Bill Status:

Passed at least one chamber in MS

MISSISSIPPI: In March, a House committee defeated a measure that would have required 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 passed the Senate in January.

MISSISSIPPI: In March, a House committee defeated a measure that would have required 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 have also prohibited these individuals from using their professional discretion to determine which situations to report. In addition, the measure would have required 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 have also criminalized assisting a minor seeking an abortion without parental consent, passed the Senate in January.

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Minors Access to Reproductive Healthcare

Click here for current status of state policy

Introduced in 13 states

Bill Status:

Passed at least one chamber in AR and ND

ARKANSAS: In March, the legislature passed a measure that would clarify existing law allowing minors to consent to medical or surgical care if they believe they are infected with an STI. The bill is awaiting action by Gov. Mike Beebe (D).

NORTH DAKOTA: In February, the Senate passed a measure that would guarantee a minor’s right to consent to care related to the detection or treatment of pregnancy. Under the measure, 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 possible hospitalization or a threat to the “unborn child” or minor’s health. The measure is awaiting action in the House.

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Sex Education

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Introduced in 25 states

Bill Status:

Passed at least one chamber in HI, OR and WA

HAWAII: In February, the Senate passed a bill that would require all state-funded sex education to be medically accurate and include information on both abstinence and contraception. The measure is awaiting action in the House.

OREGON: In March, the House adopted a bill that would amend the state’s law on sex education. The bill would require that abstinence be taught as the most effective method for pregnancy and STI prevention; current law requires abstinence to be taught as the “safest and most responsible sexual behavior.” The bill would also codify an existing state regulation that requires sex education to be medically accurate. The measure is awaiting action in the Senate.

WASHINGTON: In March, the Senate adopted a provision that would prohibit the state from seeking federal abstinence-only progam funds. The measure is awaiting action in the House.

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