Monthly State Update:
MAJOR DEVELOPMENTS IN 2010
(as of 3/1/2010)
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 41 states (AL, AK, AZ, AR, CA, CO, CT, DE, GA, HI, ID, IL, IN, IA, KS, KY, ME, MD, MA, MI, MN, MS, MO, NE, NH, NJ, NY, OH, OK, PA, RI, SC, SD, TN, UT, VT, VA, WA, WV, WI and WY) and the District of Columbia were in regular session. Three states (FL, LA and NC) have not yet convened their regular sessions. One state (NM) has adjourned its regular session. Five state (MT, NV, ND, OR and TX) legislatures will not meet in regular session in 2010.
For a state-by-state chart of legislation enacted in 2010, click here.
Jump to actions around:
Crisis Pregnancy Centers: 'Choose Life' License Plates and State Funding
Later Term and Second Trimester 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
Defining Contraception
Emergency Contraception
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 8 states
Crisis Pregnancy Centers: 'Choose Life' License Plate and State Funding
Click here for current status of state policy on 'Choose Life' License Plate laws
Introduced in 8 states
Bill Status:
Passed at least one chamber in OK
OKLAHOMA: In February, the House approved a measure that would continue funding of alternatives-to-abortion services. It is awaiting action in the Senate.
Crisis Pregnancy Centers
Introduced in 6 states
Fetal Pain
Click here for current status of state policy
Introduced in 3 states (These bills overlap with bills in the Mandatory Counseling, Waiting Period and Ultrasound Requirements categories.)
Health Reform
Introduced in 5 states
Later Term and Second Trimester Abortion
Introduced in 3 states
Mandatory Counseling and Waiting Periods Before Abortion
Click here for current status of state policy
Women Required to Receive State-Directed Counseling
Introduced in 12states (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 10 states (These bills overlap with bills in the Fetal Pain and Ultrasound Requirements categories.)
Bill Status:
Passed at least one chamber in KY, UT and VA
KENTUCKY: In January, the Senate approved a bill that would require that a woman seeking an abortion receive counseling in person at least 24 hours prior to the procedure, thus requiring her to make two trips to the clinic. The bill, which would also require an ultrasound to be performed as part of the abortion procedure, is awaiting action in the House.
UTAH: In February, the House passed a measure that would require that a provider inform a woman seeking an abortion that the state’s abortion counseling video is available on the Department of Health’s Web site. The bill, which would also require a technician to display images from any ultrasound performed as part of an abortion procedure, is awaiting action in the Senate.
VA H 334
VIRGINIA: In February, the House passed a bill that would require the counseling provided to a woman prior to an abortion to include information on the “effects on future pregnancies.” The bill is awaiting action in the Senate.
Medical Emergency Exception in Abortion Law
Introduced in 4 states
Medication Abortion
Introduced in 2 states
Minors Reporting Requirements
Introduced in 3 states
Parental Involvement in Minors' Abortions
Click here for current status of state policy
Parental Consent Requirements
Introduced in 8 states
Parental Notification Requirements
Introduced in 6 states
'Partial-Birth' Abortion
Click here for current status of state policy
Introduced in 5 states
Physician Liability
Introduced in 1 state
Bill Status:
Passed at least one chamber in OK
OKLAHOMA: In February, the House approved a measure that would protect health care providers who withhold information about pregnancy or fetal development from women who might otherwise choose abortion. The bill, which is awaiting action in the Senate, would prohibit damages from being awarded to women from wrongful birth lawsuits brought on these grounds.
Physician-Only Requirements
Click here for current status of state policy
Introduced in 4 states
Postviability Abortion
Click here for current status of state policy
Introduced in 3 states
Private Insurance Coverage of Abortion
Click here for current status of state policy
Introduced in 4 states
Prohibiting Forcing a Woman to Have an Abortion
Introduced in 8 states
Bill Status:
Passed at least one chamber in OK
OKLAHOMA: In February, the House approved a measure that would 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 would also inform women that they can contact a law enforcement agency if they feel that they have been the victim of coercion. The bill, which would fine facilities $10,000 for each day the notice is not posted, is awaiting action in the Senate.
Protecting Access to Abortion
Click here for current status of state policy
Introduced in 4 states
Protecting Access to Clinics
Click here for current status of state policy
Introduced in 2 states
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 IA
IOWA: In February, the legislature passed a measure that would continue the state’s policy of paying for abortions within the Medicaid program in cases of fetal abnormality, rape, incest and life endangerment. The measure is awaiting action by Gov. Chet Culver (D).
Reporting Statistical Information to State Agencies
Click here for current status of state policy
Introduced in 11 states
OKLAHOMA: In February, a state court declared unconstitutional a state law that would have revised and expanded the state’s abortion reporting requirements. Specifically, the law would have required that providers report cost and payment information, whether anesthesia was provided to the fetus and the woman’s reason for the abortion. The court struck down the law largely on procedural grounds, saying that it violated the state constitution’s “single-subject” requirement by addressing too many disparate topics. The law, which also would have penalized providers for performing an abortion for purposes of sex selection, was originally enacted in May 2009 and never went into effect.
Requiring Abortion Providers to Have Hospital Privileges
Click here for current status of state policy
Introduced in 2 states
Self-Induced Abortion
Introduced in 3 states
Bill Status:
Passed at least one chamber in UT
UTAH: In February, the Senate passed a bill that would consider self-induced abortion to be murder. The measure, which would also criminalize some miscarriages, was approved by the House in January. It is awaiting action by Gov. Gary Herbert (R). (In early March, this bill was returned to the legislature and amended. The new version is now before the governor.)
Sex and Race Selection
Introduced in 8 states
OKLAHOMA: In February, a state court declared unconstitutional a state law that would have penalized providers for knowingly performing an abortion for the purpose of sex selection. The court struck down the law largely on procedural grounds, saying that it violated the state constitution’s “single-subject” requirement by addressing too many disparate topics. The law, which also would have expanded the state’s abortion reporting requirements, was originally enacted in May 2009 and never went into effect.
State Participation in Abortion
Introduced in 2 states
Targeted Regulation of Abortion Providers
Introduced in 8 states
Ultrasound Requirements
Click here for current status of state policy
Introduced in 17 states
Bill Status:
Passed at least one chamber in KY, UT and VA
KENTUCKY: In January, the Senate approved a measure that would require an abortion provider or a certified technician to perform an ultrasound prior to an abortion. The provider would be required to display and describe the ultrasound image to the woman, although the woman would be permitted to avert her eyes from the image. The measure would also require that a woman seeking an abortion receive in-person counseling at least 24 hours prior to the procedure. The bill is awaiting action in the House.
UTAH: In February, the House passed a measure that would require that when an ultrasound is provided as part of an abortion procedure that the image be simultaneously displayed to her and she be given an opportunity to receive a description of the image. The bill, which would also add to the state’s abortion counseling requirements, is awaiting action in the Senate.
VIRGINIA: In February, the House approved a measure that would require a woman seeking an abortion to undergo an ultrasound and be given the opportunity to view the image. The bill 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 6 states
Bill Status:
Passed at least one chamber in CO
COLORADO: In February, the legislature passed a measure that reenacts a longstanding prohibition of giving state family planning funds to organizations that provide abortion services with their own funds. The bill is awaiting action by Gov. Bill Ritter (D).
Contraceptive Coverage Mandates
Click here for current status of state policy
Introduced in 9 states
Defining Contraception
Introduced in 3 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 8 states
Allowing Pharmacists to Provide Emergency Contraception without a Prescription
Introduced in 1 state
Expanding Access to Emergency Contraception
Introduced in 3 states
Restricting Access to Emergency Contraception
Introduced in 0 states
Requiring Pharmacists or Pharmacies to Dispense Contraception
Introduced in 9 states
HPV: Insurance Coverage
Introduced in 4 states
HPV Vaccine: School Entry
Introduced in 0 states
Parental Involvement Requirements for Minors Seeking Contraceptive Services
Click here for current status of state policy
Introduced in 1 state
Partner Treatment for Sexually Transmitted Infections
Introduced in 6 states
Bill Status:
Passed at least one chamber in WI
WISCONSIN: In February, the Senate adopted a measure that would allow a medical provider to prescribe or dispense a drug for treatment of Chlamydia, gonorrhea or trichomonsiasis for a partner of a patient without first seeing the partner. The bill is awaiting action in the Assembly.
State Medicaid Family Planning Eligibility Expansions
click here for current status of state policy
Introduced in 5 states
PREGNANCY & BIRTH
See also:
Fetal and Pregnant Woman Assault
Introduced in 15 states
Bill Status:
Passed at least one chamber in UT and WY
UTAH: In February, the Senate passed a bill that would consider a woman’s reckless act that results in a miscarriage to be murder. The measure, which would also criminalize self-induced abortion, passed the House in January. It is awaiting action by Gov. Gary Herbert (R). (In early March, this bill was returned to the legislature and amended. The new version is now before the governor.)
WYOMING: In February, the House adopted a measure that would allow for an additional penalty when a person is convicted of murder or manslaughter of a pregnant woman. The bill is awaiting action in the Senate.
HIV Testing of Infants and Pregnant Women
Introduced in 6 states
Infant Abandonment
Click here for current status of state policy
Introduced in 8 states and DC
Infertility Coverage
Introduced in 10 states
Non-Medical Use of Ultrasound
Introduced in 1 state
Stillborn Certificates
Introduced in 6 states
Substance Abuse During Pregnancy
Click here for current status of state policy
Introduced in 13 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 11 states
Bill Status:
Passed at least one chamber in ID
IDAHO: In February, the Senate adopted a measure that would allow health care providers to refuse to provide certain services, including surgical and medication abortion, if the refusal is based on moral, religious or ethical objections. In the case of a life-threatening situation, the medical provider would be required to provide the service if no other provider were available. An employer would be required to “reasonably accommodate” an employee’s refusal as long as it would not cause an “undue hardship” on the business. The measure is awaiting action in the House.
Allowing Insurers to Refuse
Introduced in 5 states
Allowing Pharmacists or Pharmacies to Refuse
Introduced in 9 states
Bill Status:
Passed at least one chamber in ID
IDAHO: In February, the Senate adopted a measure that would allow pharmacists to refuse to provide certain services, including medication abortion, if the refusal is based on moral, religious or ethical objections. In the case of a life-threatening situation, the medical provider would be required to provide the service if no other provider were available. An employer would be required to “reasonably accommodate” an employee’s refusal as long as it would not cause an “undue hardship” on the business. The measure is awaiting action in the House.
Allowing Facilities to Refuse
Introduced in 7 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 7 states
Bill Status:
Passed at least one chamber in ID
IDAHO: In February, the Senate adopted a measure that would allow health care providers to refuse to provide certain services, including emergency contraception and family planning, if the refusal is based on moral, religious or ethical objections. In the case of a life-threatening situation, the medical provider would be required to provide the service if no other provider were available. An employer would be required to “reasonably accommodate” an employee’s refusal as long as it would not cause an “undue hardship” on the business. The measure is awaiting action in the House.
Allowing Insurers to Refuse
Introduced in 5 states
Allowing Pharmacies to Refuse
Introduced in 5 states
Allowing Pharmacists to Refuse
Introduced in 8 states
Bill Status:
Passed at least one chamber in ID
IDAHO: In February, the Senate adopted a measure that would allow pharmacists to refuse to provide certain services, including emergency contraception and family planning, if the refusal is based on moral, religious or ethical objections. In the case of a life-threatening situation, the medical provider would be required to provide the service if no other provider were available. An employer would be required to “reasonably accommodate” an employee’s refusal as long as it would not cause an “undue hardship” on the business. The measure is awaiting action in the House.
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 6 states
Bill Status:
Passed at least one chamber in ID
IDAHO: In February, the Senate adopted a measure that would allow health care providers to refuse to participate in abortion and activities related to stem cell research or treatment or end of life care. The refusal would have to be based on religious, moral or ethical objections. In the case of a life-threatening situation, the medical provider would be required to provide the service if no other provider were available. An employer would be required to “reasonably accommodate” an employee’s refusal as long it would not cause an “undue hardship” on the business. The measure is awaiting action in the House.
Allowing Insurers to Refuse
Introduced in 5 states
Allowing Pharmacists or Pharmacies to Refuse
Introduced in 7 states
Bill Status:
Passed at least one chamber in ID
IDAHO: In February, the Senate adopted a measure that would allow pharmacists to refuse to participate in abortion and activities related to stem cell research or treatment or end of life care. The refusal would have to be based on religious, moral or ethical objections. In the case of a life-threatening situation, the medical provider would be required to provide the service if no other provider were available. An employer would be required to “reasonably accommodate” an employee’s refusal as long it would not cause an “undue hardship” on the business. The measure is awaiting action in the House.
Allowing Facilities to Refuse
Introduced in 6 states
YOUTH
See also:
ABORTION: Parental Involvement
CONTRACEPTION & PREVENTION: Parental Involvement
Child Abuse Reporting
Introduced in 3 states
Bill Status:
Passed at least one chamber in MS
MISSISSIPPI: In February, the Senate adopted a measure that would require individuals 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. 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 4 states
Sex Education
Click here for current status of state policy
Introduced in 23 states
Bill Status:
Passed at least one chamber in MS
Enacted in WI
MISSISSIPPI: In February, the House adopted a measure that would require school districts to provide sex education, either through abstinence-only or abstinence-plus programs. Although current law does not require every school to provide sex education, it mandates that any sex education provided in a school teach that sex is only appropriate within marriage and include the “likely negative psychological and physical effects of not abstaining.” The measure would require all districts to meet the current requirements related to abstinence, but would also allow them to include other subjects such as contraception and STIs. The measure is awaiting action in the Senate.
(ENACTED) WISCONSIN: In February, Gov. Jim Doyle (D) signed a measure that amends the state’s sex education law and allows the state to seek federal funding for sex education programs that are proven to delay sexual activity, reduce teen pregnancy and increase contraceptive use. The modifications to current law ensure that sex education is medically accurate, age-appropriate and teaches students about contraception and abstinence. (Current law does not require any instruction about contraceptives, but does require that information on abstinence be stressed.) The measure went into effect in February.
Production of the State Update is made possible by support from The John Merck Fund.