Monthly State Update:
MAJOR DEVELOPMENTS IN 2010
(as of 4/1/2010)
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 April, legislatures in 36 states (AL, AK, AZ, CA, CO, CT, DE, FL, GA, HI, ID, IL, IA, KS, KY, LA, ME, MD, MA, MI, MN, MS, MO, NE, NH, NJ, NY, OH, OK, PA, RI, SC, SD, TN, VT and WI) and the District of Columbia were in regular session. One state legislature (NC) has not yet convened its regular session. Eight states (AR, IN, NM, UT, VA, WA, WV and WI) have adjourned their regular sessions. 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 9 states
Bill Status:
Passed at least one chamber in MO, OK and PA
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.
OKLAHOMA: In March, the Senate approved a measure that would continue funding of alternatives-to-abortion services. The bill, which passed the House in February, is awaiting action by Gov. Brad Henry (D).
PENNSYLVANIA: In March, the House approved the state budget that would allocate $5.65 million to fund alternatives-to-abortion services. The bill is awaiting action in the Senate.
Crisis Pregnancy Centers
Introduced in 6 states
Bill Status:
Passed at least one chamber in MI
MICHIGAN: In March, the House approved a measure that would require crisis pregnancy center staff and volunteers to present medically accurate information to their clients, as well as inform them, orally or in writing, that the center “does not provide information that would lead to the termination of a pregnancy, the location of pregnancy termination services or birth control information.” The bill is awaiting action in the Senate.
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.)
Bill Status:
Passed at least one chamber in MO
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 the content of abortion counseling and coerced abortion, is awaiting action in the Senate.
Health Reform
Introduced in 6 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.)
Bill Status:
Passed at least one chamber in MO and VA
Enacted in UT
MISSOURI: In March, the House approved a measure that would expand counseling requirements to require a provider to give a woman seeking an abortion written materials developed by the state and provide her with the option of undergoing an ultrasound and listening to the fetal heartbeat. The materials would contain a statement that “the life of your unborn child began at conception,” information on fetal development and resources for continuing a pregnancy to term. The bill, which also contains provisions regarding coercion and fetal pain, is awaiting action in the Senate.
(ENACTED) UTAH: In March, Gov. Gary R. Herbert (R) signed a measure that requires a provider to 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 passed the House in February and the Senate in March, also requires a technician to display images from any ultrasound performed as part of an abortion procedure. It goes into effect in May.
VIRGINIA: In March, a Senate committee defeated a bill that would have required the counseling provided to a woman prior to an abortion to include information on the “effects on future pregnancies.” The bill, which the House approved in February, is now dead.
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 and SC
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.
SOUTH CAROLINA: In March, the Senate approved a measure that would require women to receive state-developed counseling materials at least 24 hours before obtaining an abortion. Under current law, the waiting period is one hour. The measure, which also would require a waiting period after an ultrasound procedure, is awaiting concurrence by the House.
Medical Emergency Exception in Abortion Law
Introduced in 4 states
Medication Abortion
Introduced in 2 states
Bill Status:
Passed at least one chamber in OK
OKLAHOMA: In March, both chambers of the legislature passed a bill that would allow only physicians to prescribe and administer mifepristone. If there are complications related to this procedure, a physician must file a report detailing these complications to the drug manufacturer or face sanctioning. The measure is identical to language that was enacted in 2008 and subsequently struck down on procedural grounds by a state court. The bill is awaiting action by Gov. Brad Henry (D).
Minors Reporting Requirements
Introduced in 4 states
Bill Status:
Passed at least one chamber in AZ and OK
ARIZONA: In March, the Senate passed a measure that would require the Department of Health to report detailed information regarding minors’ abortions, including the number of judicial bypass petitions and whether the bypass was granted. The bill, which also includes abortion reporting requirements, is awaiting action in the House.
OKLAHOMA: In March, 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 a judicial bypass and whether a bypass was granted. The measure is identical to language that was enacted in 2009 and subsequently struck down on procedural grounds by a state court. The bill, which also includes abortion reporting requirements, is awaiting action in the Senate.
Parental Involvement in Minors' Abortions
Click here for current status of state policy
Parental Consent Requirements
Introduced in 9 states
Parental Notification Requirements
Introduced in 7 states
ILLINOIS: In March, a state court ruled that the state’s constitution does not guarantee the right to abortion, clearing the way for the implementation of a notification law for the first time since it was enacted in 1995. The law requires providers to notify a parent or an adult family member at least 48 hours in advance of a minor’s abortion. Notice can be waived by a judge and is not required in cases of medical emergency or sexual abuse. The law is blocked from going into effect for 60 days pending possible appeal.
'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
Bill Status:
Passed at least one chamber in KS
KANSAS: In March, both chambers of the legislature adopted a measure that would amend the state’s definition of viability for postviability abortions, potentially making more procedures subject to the strict restrictions on later-term abortions. The measure would define viability as the point in gestation when “the life of the child can be continued indefinitely outside the mother’s womb with natural or artificial life-supportive measures.” Current law considers a pregnancy viable when “the fetus is capable of sustained survival outside the uterus without the application of extraordinary measures.” The bill would also require detailed documentation of the medical reasons for the procedure. The measure, which also includes additional reporting requirements, is awaiting action by Gov. Mark Parkinson (D).
KANSAS: In March, the House adopted a measure that would limit postviability abortions to cases when the woman’s life is endangered or when there is a chance of “substantial and irreversible impairment” of her physical health. Currently, the law allows postviability abortions in those situations and when necessary to protect the woman’s mental health. The measure is awaiting action in the Senate.
Private Insurance Coverage of Abortion
Click here for current status of state policy
Introduced in 7 states
Bill Status:
Passed at least one chamber in AZ and KS
ARIZONA: In March, the Senate approved a measure that would prohibit any public funds from being used to cover abortion in insurance plans for state employees, except to avert “substantial and irreversible impairment of a major bodily function” or to preserve the woman’s life. The bill, which would also limit Medicaid funding for abortion to cases of rape, incest or life endangerment, is awaiting action in the House.
KANSAS: In March, the House adopted a measure that would prohibit health insurers from covering abortions except in cases of life endangerment, rape or incest and mandate that insurers offer the option to purchase additional abortion coverage at an additional premium. The bill is awaiting concurrence.
Prohibiting Forcing a Woman to Have an Abortion
Introduced in 11 states
Bill Status:
Passed at least one chamber in MO, OK and TN
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 abortion counseling and fetal pain, is awaiting action in the Senate.
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.
TENNESSEE: In March, both chambers 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 $2,500 for each day the notice is not posted, is awaiting action by Gov. Phil Bredesen (D).
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 8 states
Bill Status:
Passed at least one chamber in AZ
Enacted in IA
ARIZONA: In March, the Senate approved a measure that would limit Medicaid funding for abortion to cases of rape, incest or life endangerment. Currently, the state is under a court order to fund all medically necessary abortions. The bill is awaiting action in the House.
(ENACTED) IOWA: In March, Gov. Chet Culver (D) signed into law a measure that continues the state’s policy of paying for abortions within the Medicaid program in cases of fetal abnormality, rape, incest and life endangerment. The law is in effect.
Reporting Statistical Information to State Agencies
Click here for current status of state policy
Introduced in 11 states
Bill Status:
Passed at least one chamber in AZ, KS and OK
ARIZONA: In March, the Senate passed a measure that would expand abortion reporting requirements to include more detailed personal information, including the woman’s rationale for undergoing the procedure. An aggregated report of this information, with nonidentifying statistics, would be available on the state Department of Health Web site. The bill, which also includes reporting requirements for minors’ abortions, is awaiting action in the House.
KANSAS: In March, both chambers of the legislature adopted a measure that would include additional reporting requirements for postviability abortions. The measure would require information about the "specific medical diagnosis and condition" that would have caused a "substantial and irreversible impairment of a major bodily function of the mother" if the procedure had not been performed. The measure, which also amends the state’s definition of viability for postviability abortions, is awaiting action by Gov. Mark Parkinson (D).
OKLAHOMA: In March, the Senate approved a measure that would require abortion providers to collect personal information, such as the reason for the abortion, race, the total number of previous pregnancies and the county where the abortion was performed. Aggregated information would be posted on the Department of Health’s Web site. The bill is identical to language that was struck down by a state court on procedural grounds in February. The bill is awaiting action in the House.
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:
Enacted in UT
(ENACTED) UTAH: In March, Gov. Gary Herbert (R) signed a measure that establishes self-induced abortion as murder. The measure, which also criminalizes any “intentional or knowing act” by the woman that results in miscarriage, went into effect upon signing.
Sex and Race Selection
Introduced in 8 states
Bill Status:
Passed at least one chamber in GA and OK
GEORGIA: In March, the Senate approved a measure that would criminalize soliciting or coercing a woman to have an abortion “based in any way on account of the race, color or sex of the unborn child.” Providers could be penalized for performing an abortion if they knew the woman had been coerced or was seeking the procedure because of the sex or race of the fetus. The bill is awaiting action in the House.
OKLAHOMA: In March, both chambers of the legislature approved a measure that would criminalize any abortion performed solely because of the sex of the fetus. The bill is awaiting action by Gov. Brad Henry (D). The measure is identical to language that was enacted in 2009 and subsequently struck down on procedural grounds by a state court in February.
State Participation in Abortion
Introduced in 3 states
Targeted Regulation of Abortion Providers
Introduced in 8 states
Ultrasound Requirements
Click here for current status of state policy
Introduced in 18 states
Bill Status:
Passed at least one chamber in KY, OK, SC, VA and WV
Enacted in UT
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.
OKLAHOMA: In March, the House approved a measure that would require provision of an ultrasound at least one hour before an abortion procedure. The bill would also require that a woman be provided with a simultaneous medical explanation of the images, including, if present and viewable, a description of the fetus and information on any cardiac activity. The measure, which would permit a woman to “avert her eyes” from the image if she desires, is awaiting action in the Senate. The measure is identical to language that was enacted in 2008 and subsequently struck down on procedural grounds by a state court.
SOUTH CAROLINA: In March, the Senate approved a measure that would require a woman seeking an abortion who opts to have an ultrasound to wait an additional 24 hours after receiving the ultrasound before the abortion. Taken together, the two waiting periods could delay the abortion by at least 48 hours. The extra waiting period would not apply if an ultrasound is performed by a provider as part of the abortion procedure. The measure is awaiting concurrence by the House.
(ENACTED) UTAH: In March, Gov. Gary Herbert (R) signed a measure that requires providers who perform an ultrasound as part of an abortion procedure to simultaneously display the image to the woman and give her the opportunity to hear a description of the image. The new law, which passed the House in February and the Senate in March, also expands the state’s abortion counseling requirements. It goes into effect in May.
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. No further action is expected since the legislature has adjourned its regular session.
WEST VIRGINIA: In March, the Senate and the House approved a measure that would require a provider who performs an ultrasound as part of the preparation for an abortion to give a woman the opportunity to view the image. The bill is awaiting action by Gov. Joe Manchin (D).
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:
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 law, which passed the legislature in February, is in effect.
Contraceptive Coverage Mandates
Click here for current status of state policy
Introduced in 9 states
Bill Status:
Passed at least one chamber in CO
COLORADO: In March, the legislature passed a measure that would require all group and individual health insurance plans to cover contraceptives and maternity care. The bill is currently in conference committee.
Defining Contraception
Introduced in 4 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 9 states
Bill Status:
Passed at least one chamber in MI
MICHIGAN: In March, the House passed a measure that would require health facilities to provide medically accurate written information on emergency contraception to a woman who has been sexually assaulted. The measure would also require the facility to offer emergency contraception and provide the medication when requested by the woman. The bill is awaiting action in the Senate.
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 10 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 2 states
Bill Status:
Passed at least one chamber in AZ
ARIZIONA: In March, the Senate passed a measure that would prohibit a health care provider from writing a prescription, including a prescription for contraceptives, for a minor without parental consent, except in a medical emergency. The measure would also repeal an existing statute that permits minors to consent to STI services. The bill is awaiting action in the House.
Partner Treatment for Sexually Transmitted Infections
Introduced in 7 states
Bill Status:
Passed at least one chamber in MO and WI
Enacted in ME
(ENACTED) MAINE: In March, Gov. John Baldacci (D) signed into law a measure that allows a medical provider to prescribe or dispense a drug for treatment of STIs for a partner of a patient without first seeing the partner. The provider will also provide counseling and information for the patient to give to the partner. The bill, which passed the legislature in March, goes into effect in July.
MISSOURI: In March, the House passed a measure that would allow a physician 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 provider will also be able to provide counseling and information about preventing STI’s. The bill is awaiting action in the Senate.
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 17 states
Bill Status:
Enacted in UT and WY
(ENACTED) UTAH: In March, Gov. Gary Herbert (R) signed a measure that considers it murder if the woman’s “intentional or knowing” act results in a miscarriage. The measure, which also criminalizes self-induced abortion, passed the Senate in February and the House in March. It went into effect upon signing.
(ENACTED) WYOMING: In March, Gov. Dave Freudenthal (D) signed a measure that allows for an additional penalty when a person is convicted of the murder or manslaughter of a pregnant woman. The bill, which passed the House in February and the Senate in March, goes into effect in July.
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
Bill Status:
Passed at least one chamber in TN
TENNESSEE: In March, the Senate passed a measure that would allow for a certificate of birth resulting in a stillbirth to be issued for a fetal death when requested by a parent. The medical provider is required to inform the parent about the option to obtain the certificate. The certificate would not count toward live births. The bill is awaiting action in the House.
Substance Abuse During Pregnancy
Click here for current status of state policy
Introduced in 14 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 OK
Enacted in ID
(ENACTED) IDAHO: In March, Gov. C.L. Otter (R) allowed a broad refusal clause to go into effect without his signature. The new law permits 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 must provide the service if no other provider is available. Employers are also required to “reasonably accommodate” an employee’s refusal as long as it does not cause an “undue hardship” on the business. Other provisions also allow refusal of services related to emergency contraception and certain health care services. The law, which passed the Senate in February and the House in March, goes into effect in July.
OKLAHOMA: In March, both chambers of the legislature adopted a measure that would allow medical providers and institutions to refuse to provide abortion services, except when necessary to protect the woman’s life, if the refusal is based on moral or religious beliefs. Contraception would be specifically excluded from the definition of abortion. Medical institutions would be allowed to refuse to provide personnel or facilities for abortion services, except in the case of life endangerment. The measure is identical to language that was enacted in 2008 and subsequently struck down on procedural grounds by a state court. The bill is awaiting action by Gov. Brad Henry (D).
Allowing Insurers to Refuse
Introduced in 5 states
Allowing Pharmacists or Pharmacies to Refuse
Introduced in 12 states
Bill Status:
Enacted in ID
(ENACTED) IDAHO: In March, Gov. C.L. Otter (R) allowed a broad refusal clause to go into effect without his signature. The new law permits pharmacists to refuse to provide certain services, including medication abortion services, if the refusal is based on moral, religious or ethical objections. In the case of a life-threatening situation, the medical provider must provide the service if no other provider is available. Employers are also required to “reasonably accommodate” an employee’s refusal as long as it does not cause an “undue hardship” on the business. Other provisions also allow refusal of services related to emergency contraception and certain health care services. The law, which passed the Senate in February and the House in March, goes into effect in July.
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 10 states
Bill Status:
Enacted in ID
(ENACTED) IDAHO: In March, Gov. C.L. Otter(R) allowed a broad refusal clause to go into effect without his signature. The new law permits health care providers to refuse to provide services related to 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 must provide the service if no other provider is available. Employers are also required to “reasonably accommodate” an employee’s refusal as long as it does not cause an “undue hardship” on the business. Other provisions also allow refusal of services related to abortion and certain health care services. The law, which passed the Senate in February and the House in March, goes into effect in July.
Allowing Insurers to Refuse
Introduced in 5 states
Allowing Pharmacies to Refuse
Introduced in 5 states
Allowing Pharmacists to Refuse
Introduced in 11 states
Bill Status:
Enacted in ID
(ENACTED) IDAHO: In March, Gov. C.L. Otter(R) allowed a broad refusal clause to go into effect without his signature. The new law permits pharmacists to refuse to provide services related to 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 must provide the service if no other provider is available. Employers are also required to “reasonably accommodate” an employee’s refusal as long as it does not cause an “undue hardship” on the business. Other provisions also allow refusal of services related to abortion and certain health care services. The law, which passed the Senate in February and the House in March, goes into effect in July.
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 10 states
Bill Status:
Enacted in ID
(ENACTED) IDAHO: In March, Gov. C.L. Otter (R) allowed a broad refusal clause to go into effect without his signature. The new law permits health care providers to refuse to participate in activities related to stem cell research or treatment or end-of-life care, if the refusal is based on religious, moral or ethical objections. In the case of a life-threatening situation, the medical provider must provide the service if no other provider is available. Employers are also required to “reasonably accommodate” an employee’s refusal as long it does not cause an “undue hardship” on the business. Other provisions also allow refusal of services related to abortion and emergency contraception. The law, which passed the Senate in February and the House in March, goes into effect in July.
Allowing Insurers to Refuse
Introduced in 5 states
Allowing Pharmacists or Pharmacies to Refuse
Introduced in 11 states
Bill Status:
Enacted in ID
(ENACTED) IDAHO: In March, Gov. C.L. Otter (R) allowed a broad refusal clause to go into effect without his signature. The new law permits pharmacists to refuse to participate in activities related to stem cell research or treatment or end-of-life care, if the refusal is based on religious, moral or ethical objections. In the case of a life-threatening situation, the medical provider must provide the service if no other provider is available. Employers are also required to “reasonably accommodate” an employee’s refusal as long it does not cause an “undue hardship” on the business. Other provisions also allow refusal of services related to abortion and emergency contraception. The law, which passed the Senate in February and the House in March, goes into effect in July.
Allowing Facilities to Refuse
Introduced in 7 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 and MO
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.
MISSOURI: In March, the House passed a measure that would require a health care provider to notify the prosecutor’s office if a minor seeks an abortion without a court order. Notification would be mandatory even if the minor was accompanied by a parent. Providers would also be required to maintain a fetal tissue sample from the procedure. The bill, which also contains provisions regarding abortion counseling, fetal pain and coerced abortion, is awaiting action in the Senate.
Minors Access to Reproductive Healthcare
Click here for current status of state policy
Introduced in 7 states
Bill Status:
Passed at least one chamber in AZ
ARIZONA: In March, the Senate adopted a measure that would repeal minors’ right to consent to the diagnosis and treatment of STIs. The measure, which would also require parental consent for contraceptive prescriptions, is awaiting action in the House.
Sex Education
Click here for current status of state policy
Introduced in 26 states
Bill Status:
Passed at least one chamber in MI and MS
Enacted in WI
MICHIGAN: In March, the House adopted a measure that would revise the state’s sex education law. The bill, which would require that if sex education is provided, it must be medically accurate, defines the term medically accurate and requires education to include information on contraception. Current law does not require contraceptive education and states that sex education “shall not be medically inaccurate,” but does not define the term. The measure is awaiting action in the Senate.
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.