Advancing Sexual and Reproductive Health and Rights
 

Monthly State Update:
MAJOR DEVELOPMENTS IN 2010

(as of 2/1/2010)

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 February, legislatures in 37 states (AL, AK, AZ, CA, CO, DE, GA, HI, ID, IL, IN, IA, KS, KY, ME, MD, MA, MI, MS, MO, NE, NH, NJ, NM, NY, OH, PA, RI, SC, SD, TN, UT, VT, VA, WA, WV and WI) and the District of Columbia were in regular session. Eight states (AR, CT, FL, LA, MN, NC, OK and WY) have not yet convened their regular sessions. Five state (MT, NV, ND, OR and TX) legislatures will not meet in regular session in 2010.

 

Jump to actions around:

Abortion

Abortion Bans to Replace Roe

Crisis Pregnancy Centers: 'Choose Life' License Plates and State Funding

Crisis Pregnancy Centers

Fetal Pain

Later Term and Second Trimester Abortion

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

Self-Induced Abortion

Sex and Race 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 Funds
Contraceptive Coverage

Defining Contraception
Emergency Contraception

HPV: Insurance Coverage

HPV: School Entry

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

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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 5 states

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Crisis Pregnancy Centers

Introduced in 6 states

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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.)

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Later Term and Second Trimester Abortion

Introduced in 2 states

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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 11states (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 9 states (These bills overlap with bills in the Fetal Pain and Ultrasound Requirements categories.)

Bill Status:

Passed at least one chamber in KY

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.

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Medical Emergency Exception in Abortion Law

Introduced in 4 states

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Medication Abortion

Introduced in 1 state

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Minors Reporting Requirements

Introduced in 2 states

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Parental Involvement in Minors' Abortions

Click here for current status of state policy

Parental Consent Requirements

Introduced in 5 states

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Parental Notification Requirements

Introduced in 6 states

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'Partial-Birth' Abortion

Click here for current status of state policy

Introduced in 5 states

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Physician Liability

Introduced in 0 states

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Physician-Only Requirements

Click here for current status of state policy

Introduced in 3 states

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Postviability Abortion

Click here for current status of state policy

Introduced in 3 states

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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 8 states

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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 2 states

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Public Funding of Abortion for Low-Income Women

Click here for current status of state policy

Introduced in 6 states

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Reporting Statistical Information to State Agencies

Click here for current status of state policy

Introduced in 9 states

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Requiring Abortion Providers to Have Hospital Privileges

Click here for current status of state policy

Introduced in 2 states

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Self-Induced Abortion

Introduced in 3 states

Bill Status:

Passed at least one chamber in UT

UTAH: In January, the House approved a measure that would make it illegal for a woman to self-induce an abortion. The measure would also clarify that the woman cannot be charged with a crime if her pregnancy ends because she refused medical treatment or used illegal substances during pregnancy. The bill is awaiting action in the Senate.

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Sex and Race Selection

Introduced in 5 states

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State Participation in Abortion

Introduced in 1 state

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Targeted Regulation of Abortion Providers

Introduced in 8 states

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Ultrasound Requirements

Click here for current status of state policy

Introduced in 13 states

Bill Status:

Passed at least one chamber in KY

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.

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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 4 states

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Contraceptive Coverage Mandates

Click here for current status of state policy

Introduced in 6 states

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Defining Contraception

Introduced in 3 states

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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 6 states

Allowing Pharmacists to Provide Emergency Contraception without a Prescription

Introduced in 1 state

Expanding Access to Emergency Contraception

Introduced in 1 state

Restricting Access to Emergency Contraception

Introduced in 0 states

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Requiring Pharmacists or Pharmacies to Dispense Contraception

Introduced in 5 states

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HPV: Insurance Coverage

Introduced in 4 states

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HPV Vaccine: School Entry

Introduced in 0 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 3 states

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State Medicaid Family Planning Eligibility Expansions

click here for current status of state policy

Introduced in 3 states

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PREGNANCY & BIRTH

See also:

REFUSAL CLAUSES

Fetal and Pregnant Woman Assault

Introduced in 12 states

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HIV Testing of Infants and Pregnant Women

Introduced in 5 states

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Infant Abandonment

Click here for current status of state policy

Introduced in 5 states and DC

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Infertility Coverage

Introduced in 9 states

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Non-Medical Use of Ultrasound

Introduced in 1 state

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Stillborn Certificates

Introduced in 6 states

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Substance Abuse During Pregnancy

Click here for current status of state policy

Introduced in 12 states

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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 9 states

Allowing Insurers to Refuse

Introduced in 4 states

Allowing Pharmacists or Pharmacies to Refuse

Introduced in 6 states

Allowing Facilities to Refuse

Introduced in 5 states

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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 5 states

Allowing Insurers to Refuse

Introduced in 4 states

Allowing Pharmacies to Refuse

Introduced in 4 states

Allowing Pharmacists to Refuse

Introduced in 5 states

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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 4 states

Allowing Pharmacists or Pharmacies to Refuse

Introduced in 4 states

Allowing Facilities to Refuse

Introduced in 4 states

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YOUTH

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

Child Abuse Reporting

Introduced in 2 states

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Minors Access to Reproductive Healthcare

Click here for current status of state policy

Introduced in 4 states

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Sex Education

Click here for current status of state policy

Introduced in 21 states

Bill Status:

Passed at least one chamber in WI

WISCONSIN: In January, the Wisconsin Assembly and Senate adopted the final version of a measure that would amend the state’s sex education law and allow 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 would ensure that when provided, sex education be medically accurate, age-appropriate and teach 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 is awaiting action by Gov. Jim Doyle (D).

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