Advancing Sexual and Reproductive Health and Rights
 

Monthly State Update:
MAJOR DEVELOPMENTS IN 2011

(as of 5/1/2011)

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 May, legislatures in 33 states (AL, CA, CO, CT, DE, FL, HI, IL, IA, KS, LA, ME, MA, MI, MN, MO, NE, NV, NH, NJ, NY, NC, OH, OK, OR, PA, RI, SC, TN, TX, VT, WA and WI) and the District of Columbia were in regular session. Seventeen state legislatures (AK, AZ, AR, GA, ID, IN, KY, MD, MS, MT, NM, ND, SD, UT, VA, WV and WY) have adjourned their sessions.

For a state-by-state chart of legislation enacted in 2011, click here.

 

 

Jump to actions around:

Abortion

Adolescents

Contraception & Prevention

Pregnancy & Birth

Refusal Clauses

Reproductive Health and Environmental Hazards

 

ABORTION

Abortion Bans to Replace Roe

Click here for current status of state policy

Introduced in 20 states

Bill Statute:

Passed at least one chamber in MT, OK, ND, TN and VA

MONTANA: In April, the Senate defeated a measure that would have banned abortion through a ballot initiative to amend the constitutional definition of “person” to include “all members of the species Homo sapiens at any stage of development, including the stage of fertilization or conception.” The bill passed the House in March.

MONTANA: In March, the House approved a measure that would ban abortion through a ballot initiative to amend the constitutional definition of “person” to include “all members of the species Homo sapiens at any stage of development, including the stage of fertilization or conception.” No further action is expected since the legislature has adjourned its regular session.

NORTH DAKOTA: In April, the Senate defeated a bill that would have banned abortion by defining a human being as an “an individual member of the species homo sapiens at every stage of development.” The bill, which would have allowed for lifesaving medical treatment and the use of contraceptives, passed the House in February.

OKLAHOMA: In March, the House approved a measure that seeks to ban abortion by amending the statutory definition of “person” to include “a human being at all stages of human development of life, including the state of fertilization or conception.” The bill is awaiting action in the Senate.

TENNESSEE: In April, the Senate approved a measure that would place a proposal on the 2014 ballot to add an amendment to the state’s constitution establishing that no constitutional right to abortion exists in Tennessee. The measure, which also would establish that the state constitution does not require state funding for abortion, is awaiting action in the House.

VIRGINIA: In February, a Senate committee defeated a measure that would have banned abortion by defining a human being within state law as “the offspring of human beings from the moment of conception until birth at every stage of biological development.” The bill passed the House in February.

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Abortion Clinic Regulation

Requiring Abortion Providers to Have Hospital Privileges

Click here for current status of state policy

Introduced in 9 states

Bill Status:

Passed at least one chamber in IN, KS, MS, MO and OK

INDIANA: In April, the legislature adopted the final version of an omnibus abortion measure that would require abortion providers to have either admitting privileges or an agreement with a physician who has admitting privileges at a hospital that is in the same county as the abortion clinic or in an adjacent county to handle complications from an abortion. The measure also includes a ban on state contracts with abortion providers and provisions related to counseling, abortion at or beyond 20 weeks’ gestation, abortion coverage in the health exchange, medical emergency, ultrasound and reporting requirements. The bill is awaiting action by Gov. Mitch Daniels (R).

INDIANA: In February, the Senate approved a measure that would require an abortion provider to have admitting privileges at a hospital located in the same county as the abortion clinic or in an adjacent county. The bill would also amend the state’s parental consent law and abortion counseling requirements. No further action is expected since the legislature has adjourned its regular sesion.

KANSAS: In April, the legislature approved an omnibus abortion measure that would require an abortion provider to have clinical privileges at a hospital located within 30 miles of where an abortion is performed. Currently, providers must either have admitting privileges or a transfer agreement with a local hospital. The measure, which also includes provisions on clinic regulation, medication abortion and ultrasound, is awaiting action by Gov. Sam Brownback (R).

MISSISSIPPI: In January, the Senate approved a measure that would require any physician “associated with” an abortion facility to have admitting and staff privileges at a local hospital. The measure would require any such physician to be board certified or eligible in obstetrics and gynecology. No further action is expected since the legislature has adjourned its regular session.

MISSOURI: In April, the House adopted an omnibus abortion measure that would require medication abortion providers to have clinical privileges at a hospital that provides gynecologic or obstetric care and is located within 30 miles of where an abortion is performed. The provider would also be required to have the facilities to perform a surgical abortion, if one became necessary, at the same location where the medication abortion was provided. The measure, which also includes provisions on medication abortion, physicians’ liability and pharmacies’ refusal to provide services, is awaiting action in the Senate.

OKLAHOMA: In March, the House adopted a measure that would require abortion providers to have admitting privileges at a hospital within 30 miles of the abortion facility that provides gynecologic or obstetric care. The bill is awaiting action in the Senate.

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Targeted Regulation of Abortion Providers

Introduced in 19 states

Bill Status:

Passed at least one chamber in FL, KS and MS

Enacted in AR, UT and VA

(ENACTED) ARKANSAS: In April, Gov. Mike Beebe (D) signed a measure that requires a facility in which at least 10 abortions, including medication abortions, are performed per month to be licensed and inspected by the state. The measure, which passed the legislature in March, goes into effect in January 2012.

ARKANSAS: In March, the Senate adopted a measure that would require abortion providers to have a signed contract with a second physician who will handle complications from a medication abortion. This contracted physician would have to have hospital admitting privileges, including gynecologic or surgical privileges. The measure includes other provisions related to medication abortion. No further action is expected since the legislature adjourned its regular session.

ARKANSAS: In March, the Senate adopted a measure that would define any facility in which more than five first-trimester surgical abortions are performed per month or in which any second- or third-trimester abortions are performed as ambulatory surgical centers, making them subject to all regulations for ambulatory surgical centers. No further action is expected since the legislature adjourned its regular session.

FLORIDA: In April, the House adopted an omnibus abortion measure that would require new abortion clinics to be owned by a physician or group of physicians who received abortion training during residency. The bill, which would also limit abortions in the third trimester and revise abortion reporting requirements, is awaiting action in the Senate.

KANSAS: In April, the legislature approved an omnibus abortion measure that would require the department of health to expand state regulation of abortion clinic licensing and inspection; it would also impose building and supply requirements. The measure, which also includes provisions related to abortion providers’ hospital privileges, medication abortion and ultrasound, is awaiting action by Gov. Sam Brownback (R).

MISSISSIPPI: In January, the Senate approved a measure that would require any physician “associated with” an abortion facility to have admitting and staff privileges at a local hospital. The measure also would require any such physician to be board certified or eligible in obstetrics and gynecology. No further action is expected since the legislature has adjourned its regular session.

(ENACTED) UTAH: In March, Gov. Gary Herbert (R) signed a measure that requires the Department of Health to issue regulations governing facilities and physicians’ offices that provide abortion services. The bill passed the legislature in March.

(ENACTED) VIRGINIA: In March, Gov. Bob McDonnell (D) signed a measure that classifies any facility that provides more than five abortions per month as a hospital. The bill also requires the Board of Health to develop regulations for these facilities. The bill passed the legislature in February.

VIRGINIA: In February, a Senate committee defeated a bill that would have required the state Department of Health to develop regulations for facilities that provide 25 or more first-trimester abortions during any 12-month period. The bill passed the House in February.

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Crisis Pregnancy Centers

''Choose Life' License Plates

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 FL and TX

Enacted in UT

FLORIDA: In April, the House approved a measure that would redirect funds collected from “Choose Life” license plates to be administered by “Choose Life, Inc.” rather than Florida counties. The bill is awaiting action in the Senate.

TEXAS: In March, the Senate approved a measure that would 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 bill is awaiting action in the Senate.

(ENACTED) UTAH: In March, Gov. Gary Herbert (R) signed a measure that authorizes the sale of “Choose Life” license plates in Utah; license plate holders will be required to make a $25 annual donation to the “Choose Life Adoption Support Restricted Account.” The measure passed the legislature in March.

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Regulation of Crisis Pregnancy Centers

Introduced in 5 states

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State Funding of Alternatives-to-Abortion Services

Introduced in 2 states

Bill Status:

Passed at least one chamber in KS and MO

KANSAS: In March, the Senate passed a measure that would allocate $200,000 for alternatives-to-abortion services. The bill, which also contains provisions on family planning funding, is awaiting action in the Senate.

MISSOURI: In March, the House approved a measure that would allocate $1.6 million to provide alternatives-to-abortion services for any pregnant woman at or below 200% of the federal poverty level. The program offers a range of services to a woman during her pregnancy and for one year following birth. The measure, which would also prohibit the funds from being used for services related to family planning or abortion or from being provided to organizations that offer abortions or abortion referrals, is awaiting action in the Senate.

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Insurance Coverage of Abortion

Abortion Coverage in Health Plans Offered Through Health Exchanges

Click here for current status of state policy

Introduced in 23 states (These bills may overlap with bills in Private Insurance Coverage.)

Bill Status:

Passed at least one chamber in  AR, FL, GA, IN, RI, SC and VA

Enacted in ID, OK, UT and VA

Vetoed in MT

ARKANSAS: In January, the Senate passed a measure that would ban abortion coverage in the health insurance exchange that will be established under the federal health care reform law unless the woman’s life is endangered. Additional abortion coverage could be purchased at an additional cost. Insurers would be required to notify enrollees of the cost of this coverage and to obtain the enrollee’s written verification that they want coverage for abortion. No further action is expected since the legislature has adjourned its regular session.

FLORIDA: In April, the Senate passed a measure that would ban abortion coverage in the health insurance exchange that will be established under the federal health care reform law except in cases of life endangerment, rape or incest. Additional abortion coverage could be purchased at an additional cost. The bill is awaiting concurrence in the House.

GEORGIA: In April, the House passed a measure that would ban abortion coverage in health insurance exchanges that will be established under the federal health care reform law. No further action is expected since the legislature has adjourned its regular session.

(ENACTED) IDAHO: In April, Gov. C.L. Otter (R) signed into law a measure that limits abortion coverage through the health insurance exchange that will be established under the federal health care reform legislation. Plans offered on the exchange may include coverage of abortion only in cases of life endangerment, rape or incest.

INDIANA: In April, the legislature adopted the final version of an omnibus abortion measure that would ban abortion coverage in the health exchanges that will be developed under federal health care reform. The measure also includes a ban on state contracts with abortion providers and provisions related to counseling, abortions at or after 20 weeks’ gestation, hospital privileges for providers, medical emergency, ultrasound and reporting requirements. The bill is awaiting action by Gov. Mitch Daniels (R).

MONTANA: In April, Gov. Brian Schweitzer (D) vetoed a measure that would have limited abortion coverage through the health insurance exchange that will be established under the federal health care reform legislation. Plans offered on the exchange could have included coverage of abortion only in cases of life endangerment, rape or incest. The bill, passed the House in February and the Senate in March.

(ENACTED) OKLAHOMA: In April, Gov. Mary Fallin (R) signed into law a measure that restricts abortion coverage through the health insurance exchange that will be established under federal health care reform. Plans offered on the exchange may include coverage of abortion only in cases of life endangerment. Additional abortion coverage can be purchased at an additional cost. Insurers are required to notify enrollees of the cost of this coverage. Current law prohibits abortion coverage in all private health plans except in cases of life endangerment, rape and incest, and permits additional coverage only through the purchase of a separate rider. The bill also restricts abortion coverage in all private health plans. The measure goes into effect in November.

RHODE ISLAND: In April, the Senate passed a measure that would ban abortion coverage in the health insurance exchange that will be established under the federal health care reform law except in cases of life endangerment, rape and incest. Additional abortion coverage could be purchased at an additional cost. The bill is awaiting action in the House. 

SOUTH CAROLINA: In March, the House passed a measure that would ban abortion coverage in the health insurance exchange that will be established under federal health care reform law unless the woman’s life is endangered. Additional coverage could be purchased at an additional cost. The bill, which also includes a provision on prohibiting abortion coverage in all private insurance plans, is awaiting action in the Senate.

(ENACTED) UTAH: In March, Gov. Gary Herbert (R) signed a measure that bans abortion coverage in the health insurance exchange that will be established under federal health care reform except in cases of life endangerment, fetal abnormality, rape, incest or a possible “substantial and irreversible impairment” to the woman’s health. The bill, which also includes a provision on prohibiting abortion coverage in private insurance plans, passed the legislature in March and goes into effect in January 2012.

(ENACTED) VIRGINIA: In April, the legislature approved the Governor’s amendment to the state’s budget that bans abortion coverage except in cases when the woman's life is endangered or rape or incest in the health exchange that will be established under the federal health care reform law.

VIRGINIA: In February, a Senate committee defeated a measure that would have banned abortion coverage in the health insurance exchange that will be established under the federal health care reform law except in cases of rape or incest that is reported to police. The bill passed the House in February.

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Private Insurance Coverage of Abortion

Click here for current status of state policy

Introduced in 15 states

Bill Status:

Passed at least one chamber in FL and SC

Enacted in OK and UT

FLORIDA: In April, the legislature passed the final version of a measure that will place on the 2012 ballot the question of whether to prohibit state funding for abortion except in cases of rape, incest or to preserve the woman’s life under the state's constitution. Such a measure would affect any health benefit plan paid for by the state.

(ENACTED) OKLAHOMA: In April, Gov. Mary Fallin (R) signed into law a measure that prohibits private health plans from covering abortions, except when necessary to save the woman’s life. Additional coverage can be purchased at an additional cost. Insurers are required to notify enrollees of the cost of this coverage. Current law prohibits abortion coverage in all private health plans except in cases of life endangerment, rape and incest, and permits additional coverage only through the purchase of a separate rider. The bill also limits abortion coverage through the health insurance exchange. The measure goes into effect in November.

SOUTH CAROLINA: In March, the House approved a measure that would prohibit private insurers’ health plans from covering elective abortions, except when necessary to save the woman’s life. Additional coverage could be purchased at an additional cost. The bill, which would also limit abortion coverage through the health insurance exchange, is awaiting action in the House.

(ENACTED) UTAH: In March, Gov. Gary Herbert (R) approved a measure that would prohibit private insurers’ health plans from covering elective abortions, except when necessary to save the woman’s life. The bill, which would also limit abortion coverage through the health insurance exchange, passed the legislature in March and goes into effect in January 2012.

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Public Funding of Abortion for Low-Income Women

Click here for current status of state policy

Introduced in 14 states

Bill Status:

Passed at least one chamber in AK, IA, MD, MT and TN

ALASKA: In April, the Senate approved an appropriations bill 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 passed the House in March and is awaiting action in a conference committee to resolve unrelated issues.. 

IOWA: In April, the House approved a measure that would limit funding for abortions to cases of life endangerment or miscarriage. Currently, the state will also fund abortions in cases of rape, incest or fetal abnormality. The bill, which also includes a provision on family planning funding, is awaiting action in the Senate.

MARYLAND: In April, the legislature approved an appropriations bill that would reenact current restrictions limiting public funding of abortion to cases of incest, rape, life or health endangerment and fetal abnormality. The bill is awaiting action by Gov. Martin O’Malley (D).  

MONTANA: In April, the House approved a measure that would place a proposal on the 2012 ballot to specify that the state constitution does not require public funding for abortion. The measure, which would also provide for a ballot initiative limiting abortion protections under the state constitution, is awaiting action in the Senate.

TENNEESSEE: In April, the Senate approved a measure that would place a proposal on the 2014 ballot to amend the state’s constitution to establish that the state is not required to fund abortion. The proposal, which also includes a provision that would also amend the state constitution to severely curtail abortion rights, is awaiting action in the House.

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Later Term Abortion

'Partial-Birth' Abortion

Click here for current status of state policy

Introduced in 5 states

Bill Status:

Enacted in KS

(ENACTED) KANSAS: In April, Gov. Sam Brownback (R) signed into law an omnibus abortion measure that further restricts provision of “partial-birth” abortions by removing the current law’s health exception and allowing the procedure only if the woman’s life is at risk. The bill requires an abortion provider and another physician who is unaffiliated with the provider to certify that the use of “partial-birth” abortion is necessary to save the woman’s life. The measure also redefines “partial-birth” abortion to mirror the federal definition as upheld by the U.S. Supreme Court. The bill also includes provisions on postviability abortion, parental consent and counseling, mandatory reporting of statutory rape and reporting requirements for abortions and minors’ judicial waivers. The law goes into effect in July.

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'Postviability' Abortion

Click here for current status of state policy

Introduced in 5 states

Bill Status:

Passed at least one chamber in MO and OH

Enacted in KS

(ENACTED) KANSAS: In April, Gov. Sam Brownback (R) signed into law an omnibus abortion measure that defines 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 fetus viable when it “is capable of sustained survival outside the uterus without the application of extraordinary measures.” The bill also includes provisions on parental consent, counseling, “partial-birth” abortion, mandatory reporting of statutory rape and reporting requirements for abortions and minors’ judicial waivers. The law goes into effect in July.

MISSOURI: In April, the Senate passed a measure that would ban abortion after viability except in cases when a woman’s life is endangered or when there is a “serious risk of substantial and irreversible” impairment to her health. Abortions after viability may be performed only if a second and unaffiliated physician certifies the need for the abortion and if a second physician attends the procedure. The bill is awaiting action in the House.

MISSOURI: In March, the House adopted a measure that would amend the state’s postviability statute by requiring that viability be determined through the use of “accepted obstetrical and neonatal standards.” The measure would also ban abortion after viability except in cases of medical emergency when a woman’s life is endangered or when there is a “serious risk of substantial and irreversible” impairment to her physical health. Abortions after viability may only be performed if a second and unaffiliated physician certifies the need for the abortion and if a second physician attends the procedure. The bill, which also includes provisions on medical emergency and abortion reporting, is awaiting action in the Senate.

OHIO: In April, the Senate passed a measure that would ban abortion after viability. The measure would permit physicians to avoid penalty if they can subsequently prove in court that the procedure was necessary to protect the woman’s life or avert a “serious risk of substantial and irreversible” impairment to her physical health. The measure would require that postviability abortions be performed in a hospital and that a second physician who is not affiliated with the abortion provider attends and certifies that the procedure is necessary. The bill, which also contains provisions on abortion reporting and medical emergency exceptions, is awaiting action in the House.

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Restricts Abortion After Specific Gestational Age

Introduced in 17 states

Bill Status:

Passed at least one chamber in AL, FL, IN and IA

Enacted in ID, KS and OK

ALABAMA: In April, the House passed a measure that would ban abortion at or after 20 weeks’ gestation based on an assumption that a fetus can feel pain at that point of development. The bill would permit abortions at or beyond 20 weeks in cases when the procedure is necessary to protect the woman’s life or to avert a “substantial and irreversible impairment” to her physical health. The bill, which also contains provisions on medical emergency exceptions and abortion reporting requirements, is awaiting action in the Senate.

FLORIDA: In April, the House passed an omnibus abortion measure that would ban abortion during the third trimester except when two physicians certify that the procedure is necessary to protect the woman’s life or to avert “substantial and irreversible impairment” to her health. Current law prohibits abortion in the third trimester except in cases of life or health endangerment. The bill, which would also revise abortion reporting requirements and abortion clinic regulations, is awaiting action in the Senate.

(ENACTED) IDAHO: In April, Governor C.L Otter (R) signed into law a measure that bans abortion at or after 20 weeks’ gestation based on an assumption that a fetus can feel pain at that point of development. The bill permits abortions at or beyond 20 weeks in cases of medical emergency, when the procedure is necessary to protect the woman’s life or avert a “substantial and irreversible impairment” to her physical health. The limited medical emergency exception was specifically designed to prohibit abortions performed to preserve a woman’s mental health. The bill also includes provisions on abortion reporting. The law is in effect. 

INDIANA: In April, the legislature adopted the final version of an omnibus abortion measure that would ban abortion at or after 20 weeks’ gestation based on the assumption that a fetus can feel pain at that point of development. The bill would permit abortions at or beyond 20 weeks’ gestation in cases of medical emergency when the woman’s life is endangered or when there is a risk of “substantial physical impairment” to her health. The measure also includes a ban on state contracts with abortion providers and provisions related to counseling, coverage in the health exchange, hospital privileges for providers, medical emergency, ultrasound and reporting requirements. The bill is awaiting action by Gov. Mitch Daniels (R).

IOWA: In March, the House passed a measure that would ban abortion at or beyond 20 weeks’ gestation based on the notion that a fetus can feel pain at that point of development. The bill would permit abortions at or beyond 20 weeks’ gestation in cases when the woman’s life is endangered or when there is a chance of “substantial and irreversible impairment” of her physical health. The bill, which also includes provisions on abortion reporting and medical emergency, is awaiting action in the Senate.

(ENACTED) KANSAS: In April, Gov. Sam Brownback (R) signed into law a measure that bans abortion at or after 20 weeks’ gestation based on the notion that a fetus can feel pain at that point of development. The bill permits abortions at or after 20 weeks’ gestation in cases of medical emergency when the woman’s life is endangered or when there is a chance of “substantial and irreversible impairment” of her physical health, but the exception specifically prohibits abortions performed to preserve a woman’s mental health. The bill, which also includes provisions on abortion reporting requirements, goes into effect in July.

(ENACTED) OKLAHOMA: In April, Gov. Mary Fallin (R) signed into law a measure that bans abortion at or after 20 weeks’ gestation based on the notion that a fetus can feel pain at that point of development. The bill permits abortions at or after 20 weeks’ gestation in cases of medical emergency when the woman’s life is endangered or when there is a chance of “substantial and irreversible impairment” of her physical health. The limited medical emergency exception was specifically designed to prohibit abortions performed to preserve a woman’s mental health. The bill also includes provisions on abortion reporting requirements. It goes into effect in November.

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Mandatory Counseling and Waiting Periods Before Abortion

State-Directed Counseling

Click here for current status of state policy

Introduced in 9 states

Bill Status:

Passed at least one chamber in IN and MT

Enacted in KS and ND

INDIANA: In April, the legislature adopted the final version of an omnibus abortion measure that would expand the state’s abortion counseling requirements to include information on the fetus’s purported ability to feel pain, that human life begins at fertilization and fetal development. The bill also bans the state from contracting with abortion providers and includes provisions related to abortion at or beyond 20 weeks’ gestation, abortion coverage in the health exchange, hospital privileges for providers, medical emergency, ultrasound and reporting requirements. The bill is awaiting action by Gov. Mitch Daniels (R).

INDIANA: In February, the Senate approved a measure that would amend the state’s abortion counseling requirements and require an abortion provider to offer an ultrasound to a woman seeking an abortion. The bill would require that abortion counseling include information on fetal pain as well as statements that having an abortion increases a woman’s risk of breast cancer and that personhood begins at conception. The bill would also amend the state’s parental consent law and require an abortion provider to have hospital admitting privileges. No further action is expected since the legislature adjourned its regular session.

(ENACTED) KANSAS: In April, Gov. Sam Brownback (R) signed into law an omnibus abortion measure that would expand abortion counseling to include a written statement that an abortion “will terminate the life of a whole, separate, unique, living human being.” The bill, which also includes provisions on postviability abortion, parental consent and “partial-birth” abortion, and reporting requirements for abortions and minors’ judicial waivers, goes into effect in July.

MONTANA: In March, the Senate defeated a measure that would have expanded the state’s abortion counseling requirements.  The measure would have required abortion counselors to inform women of any research showing that some groups of women (based on their “physical, psychological, demographic or situational” characteristics) may be at higher risk of complications associated with having had an abortion. The bill, which also includes an exception for abortions necessary due to a medical emergency, passed the House in February.

(ENACTED) NORTH DAKOTA: In April, Gov. Jack Dalrymple (R) signed into law an omnibus bill that requires the state to develop counseling materials that include information on the purported link between abortion and an increased risk of breast cancer and a statement that the state prefers childbirth to abortion. The measure also requires abortion providers to give the woman “any” information that a “reasonable person” would consider important when considering abortion. The measure, which also includes provisions on medication abortion, medical emergency, abortion reporting requirements and parental consent, goes into effect in August.

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Fetal Pain

Click here for current status of state policy

Introduced in 5 states

Bill Status:

Passed at least one chamber in IN

Defeated by one chamber in WY

INDIANA: In April, the legislature adopted the final version of an omnibus abortion measure that would expand the state’s abortion counseling requirements to include information on the fetus’s purported ability to feel pain, that human life begins at fertilization and fetal development. The bill also bans the state from contracting with abortion providers and includes provisions related to abortion at or beyond 20 weeks’ gestation, abortion coverage in the health exchange, hospital privileges for providers, medical emergency, ultrasound and reporting requirements. The bill is awaiting action by Gov. Mitch Daniels (R).

WYOMING: In January, the House defeated a measure that would have required a provider to inform a woman seeking an abortion after 19 weeks’ gestation of the purported ability of the fetus to feel pain and that fetal anesthesia is available. The measure, which also would have established an in-person counseling requirement with a 24-hour waiting period, is dead for the year.

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Requirements for State-Directed Counseling Followed by a Waiting Period

Click here for current status of state policy

Introduced in 11 states

Bill Status:

Passed at least one chamber in AR, KY and TX

Defeated by one chamber in WY

Enacted in SD

ARKANSAS: In March, the Senate approved a bill that would require an abortion provider to test for a fetal heartbeat at least 24 hours before an abortion is performed and to inform the woman if a fetal heartbeat is detected; thus requiring the woman to make two trips to the abortion provider. Currently, the state permits abortion counseling to be provided over the phone the day before a procedure is scheduled. No further action is expected since the legislature has adjourned its regular session.

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 would also require an ultrasound to be performed as part of the abortion procedure. No further action is expected since the legislature has adjourned its regular session.

(ENACTED) SOUTH DAKOTA: In March, Gov.  Dennis Daugaard (R) signed into law a measure that would require a woman seeking an abortion to obtain in-person counseling from the physician who will perform the procedure at least 72 hours prior to the abortion; it would also require her to make at least one visit to a crisis pregnancy center in the interim. (Currently, the state does not mandate in-person counseling, but requires the woman to wait 24 hours between counseling and the procedure.) The bill would also require abortion counselors to inform women of any research showing that some groups of women (based on their “physical, psychological, demographic or situational” characteristics) may be at higher risk of complications associated with having had an abortion. The bill, which passed the House in February and the Senate in March, goes into effect in July. 

TEXAS: In March, the House approved a measure that would require a woman seeking an abortion to receive counseling 24–72 hours before the abortion is performed, thus requiring the woman to make two trips to the abortion clinic. Some of the mandated abortion counseling would also have to be provided by the abortion provider. The bill, which also requires that the provider perform an ultrasound, is awaiting action in the Senate.

WYOMING: In February, a Senate committee defeated a measure that would have required a woman seeking an abortion to 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 have also required providers to offer an ultrasound to be performed as part of the abortion procedure, passed the House in February.

WYOMING: In January, the House defeated a measure that would have required a woman seeking an abortion to wait at least 24 hours after receiving in-person counseling to receive an abortion, thus requiring her to make two trips to the clinic. The measure would have also required the provider to offer her an ultrasound and to provide information on the purported ability of a fetus to feel pain if the woman was seeking the abortion after 19 weeks’ gestation.

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Medical Emergency Exception in Abortion Law

Introduced in 21 states

Bill Status:

Passed at least one chamber in AL, IN, IA and MO

Enacted in ID, KS, ND and OK

ALABAMA: In April, the House passed a measure that would ban abortions at or beyond 20 weeks’ gestation except in a medical emergency, and limit this exception to cases where a woman’s life is in danger or when the continuation of the pregnancy would cause a “substantial and irreversible physical impairment of a major bodily function.” The bill, which would also establish additional reporting requirements and bans abortion, is awaiting action in the Senate.

(ENACTED) IDAHO: In April, Governor C.L Otter (R) signed into law a measure that would limit access to abortions at or after 20 weeks’ gestation to cases in which the woman would face “substantial” and “irreversible” physical impairment if she continued the pregnancy; this provision would also preclude any abortions performed to protect a woman’s mental health. The bill also bans abortion at or after 20 weeks’ gestation and imposes additional reporting requirements. The law is in effect. 

INDIANA: In April, the legislature adopted the final version of an omnibus abortion measure that would ban abortions at or beyond 20 weeks’ gestation except in a medical emergency, defined as cases where a woman’s life is in danger or when the continuation of the pregnancy would cause a “substantial physical impairment” to the woman. The bill bans the state from contracting with abortion providers and also includes provisions related to counseling, abortion coverage in the health exchange, hospital privileges for providers, ultrasound and reporting requirements. The bill is awaiting action by Gov. Mitch Daniels (R).

IOWA: In March, the House approved a measure that would ban abortions at or beyond 20 weeks’ gestation except in a medical emergency, and limit this exception to cases where a woman’s life is in danger or when the continuation of the pregnancy would cause a “substantial and irreversible physical impairment of a major bodily function.” The bill, which would also establish additional reporting requirements and requirements for abortions at or beyond 20 weeks’ gestation, is awaiting action in the Senate.

(ENACTED) KANSAS: In April, Gov. Sam Brownback (R) signed into law a measure that would ban abortions at or after 20 weeks’ gestation except in a medical emergency, and limit this exception to cases where a woman’s life is in danger or when the continuation of the pregnancy would cause a “substantial and irreversible physical impairment of a major bodily function.” The bill, which would also establish additional abortion reporting requirements, goes into effect in July.

MISSOURI: In April, the Senate approved a measure that would limit access to postviability abortion to cases in which the woman would face a “serious risk of substantial and irreversible” impairment to her physical health; this provision would also preclude any abortions performed to preserve a woman’s mental health. The bill, which also includes provisions on postviability abortions and reporting requirements, is awaiting action in the Senate.   

MISSOURI: In March, the House approved a measure that would limit access to postviability abortion to cases in which the woman would face a “serious risk of substantial and irreversible” impairment to her physical health; this provision would also preclude any mental health condition as a justification for abortion. The bill, which also includes provisions on postviability abortions and reporting requirements, is awaiting action in the Senate.   

(ENACTED) NORTH DAKOTA: In April, Gov. Jack Dalrymple (R) signed into law an omnibus bill requiring that medication for abortion be administered only by a physician and that the physician and the woman be in the same room when the medication is provided, effectively eliminating the option of using telemedicine. The measure also requires the abortion provider to use the FDA approved protocol when providing a medication abortion and contract with a second physician with admitting rights at a local hospital to handle complications. The measure, which also includes provisions on abortion counseling, medical emergency, abortion reporting requirements and parental consent, goes into effect in August.

(ENACTED) OKLAHOMA: In April, Gov. Mary Fallin (R) signed into law a measure that bans abortions at or after 20 weeks’ gestation except in a medical emergency, and limits this exception to cases where a woman’s life is in danger or when the continuation of the pregnancy would cause a “substantial and irreversible physical impairment of a major bodily function.” The bill, which also includes provisions on reporting requirements, goes into effect in November.

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Medication Abortion

Introduced in 12 states

Bill Status:

Passed at least one chamber in AR, KS, MO and OK

Enacted in AZ and ND

(ENACTED) ARIZONA: In April, Gov. Jan Brewer (R) signed into law a measure that prohibits prescribing medication for abortion remotely through telemedicine. The bill, which also requires a woman to undergo an ultrasound before obtaining an abortion, is in effect.

ARKANSAS: In March, the Senate approved a measure that would allow only physicians to prescribe and administer any abortion-inducing drug, including mifepristone. The measure would also prohibit prescribing medication for abortion remotely through telemedicine and require doctors to provide women with a copy of the medication’s label. The bill also would also impose hospital-related requirements on abortion providers. No further action is expected since the legislature has adjourned its regular session.

KANSAS: In April, the legislature approved an omnibus abortion measure that would prohibit prescribing medication for abortion remotely through telemedicine. The measure, which also includes provisions related to clinic regulation, abortion providers’ hospital privileges and ultrasound, is awaiting action by Gov. Sam Brownback (R).

MISSOURI: In April, the House adopted an omnibus abortion measure that would permit only physicians to provide medication abortion and prohibit the use of telemedicine for medication abortion. The measure, which also includes provisions on hospital privileges for providers, physicians’ liability and pharmacies’ refusal to provide services, is awaiting action in the Senate.

(ENACTED) NORTH DAKOTA: In April, Gov. Jack Dalrymple (R) signed into law an omnibus bill requiring that medication for abortion be administered only by a physician and that the physician and the woman be in the same room when the medication is provided, effectively eliminating the option of using telemedicine. The measure also requires the abortion provider to contract with a second physician with admitting rights at a local hospital to handle complications. The measure, which also includes provisions on abortion counseling, medical emergency, abortion reporting requirements and parental consent, goes into effect in August.

OKLAHOMA: In April, the Senate approved a measure that would specify that only physicians have the authority to prescribe and administer any abortion-inducing drug, including mifepristone. The measure would also prohibit prescribing medication for abortion remotely through telemedicine and require doctors to provide the woman with a copy of the medication’s label. The bill was approved by the House in March and is awaiting action by Gov. Mary Fallin (R).

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Parental Involvement in Minor's Abortions

Parental Consent Requirements

Click here for current status of state policy

Introduced in 18 states

Bill Status:

Passed at least one chamber in IN, MS and OH

Enacted KS and ND

INDIANA: In February, the Senate approved a measure that would require a minor seeking a court order to waive the state’s parental consent requirement to petition a court in either her county of residence or the county where the abortion clinic is located. The bill would also prohibit abortion clinic staff or anyone associated with the clinic from assisting a minor in obtaining the waiver. The bill would also amend the state’s abortion counseling requirements and require an abortion provider to have hospital admitting privileges. No further action is expected since the legislature has adjourned its regular session.

(ENACTED) KANSAS: In April, Gov. Sam Brownback (R) signed into law an omnibus abortion measure that requires notarized written consent from two parents before a minor obtains an abortion. Consent of both parents is not required if they are divorced, a parent is unavailable to give consent or if the minor is pregnant as a result of sexual abuse by the male parent. Kansas law currently requires the abortion provider to notify a parent about the abortion. The bill also mandates that a judge use specific criteria to determine if there is “clear and convincing evidence” that the minor is sufficiently mature or that the abortion is in her best interests prior to waiving the state’s parental consent requirement. The bill also includes provisions on postviability abortion, counseling and “partial-birth” abortion, mandatory reporting of statutory rape and reporting requirements for abortions and minors’ judicial waivers. The law goes into effect in July.

MISSISSIPPI: In January, the Senate passed a bill that would make it a crime to intentionally assist a minor in obtaining an abortion without the parental consent mandated by state law, even if the procedure was performed in a state where parental involvement was not required. The bill would also mandate the reporting of sexual abuse of a child and require the preservation of fetal tissue in the case of some minors’ abortions. No further action is expected since the legislature has adjourned its regular session.

(ENACTED) NORTH DAKOTA: In April, Gov. Jack Dalrymple (R) signed into law an omnibus bill that requires a judge to determine if there is “clear and convincing evidence” that a minor is sufficiently mature or if the abortion is in her best interests prior to waiving the state’s parental consent requirement. The bill also allows the court to release statistical information about waiver petitions. The measure also includes provisions on abortion counseling, medication abortion, medical emergency and abortion reporting requirements. It goes into effect in August.

OHIO: In March, the House passed a measure that would require a judge to use specific criteria when determining whether to grant a minor’s petition for an abortion without parental consent. The measure would require the judge to assess the minor’s ability to understand and react to possible physical and emotional complications resulting from the abortion and to determine if anyone prepped the minor with specific responses to the judge’s questions. When deciding whether to grant a petition, the judge would have to use the “clear and convincing evidence” standard, which is stricter than the common standard of proof in civil cases. The bill is awaiting action in the Senate.

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Parental Notification Requirements

Click here for current status of state policy

Introduced in 13 states

Bill Status:

Passed at least one chamber in FL, MT and NH

Ballot initiative approved in MT

FLORIDA: In April, the House passed a passed a measure that would require judges to use specific criteria in determining whether to waive the state’s requirement that a minor’s parent be notified prior to an abortion. The measure would require the judge to assess the minor’s ability to understand her situation and establish that there is “clear and convincing evidence” that notification is not in the minor’s best interest. The bill is awaiting action in the Senate.

MONTANA: In April, the legislature passed the final version of a measure that will place on the 2012 ballot the question of whether to require an abortion provider to notify a parent of a minor seeking an abortion at least 48 hours before the procedure is performed. The proposal would allow the minor to seek a court order to permit an abortion without notification. Montana’s current parental notification law is enjoined.

MONTANA: In April, the legislature adopted the final version of a measure that would require an abortion provider to notify a parent of a minor seeking an abortion at least 48 hours before the procedure is performed. The bill would allow the minor to seek a court order to permit an abortion without notification in the case of a medical emergency. Montana’s current parental notification law is enjoined. The bill is awaiting action by Gov. Brian Schweitzer (D).

NEW HAMPSHIRE: In March, the House passed a measure that would require abortion providers to notify a parent of a minor seeking an abortion 48 hours before the procedure. The bill would allow the minor to seek a court order to permit an abortion without notification in the case of a medical emergency. The bill is awaiting action in the Senate.

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Physicians

Physician Liability

Introduced in 4 states

Bill Status:

Passed at least one chamber in GA and MO

GEORGIA: In March, the Senate approved a bill that would permit a woman who has had an abortion in violation of the law to press civil charges against the physician and claim damages equaling the value of the life of the “unborn child.” No further action is expected since the legislature has adjourned its regular session.

MISSOURI: In April, the House adopted an omnibus abortion measure that would require any provider administering medication for abortion to obtain an insurance policy to cover potential liability if a fetus is “born alive” as the result of an incomplete abortion. The measure, which also includes provisions on medication abortion, hospital privileges for providers and pharmacies’ refusal to provide services, is awaiting action in the Senate.

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Physician-Only Requirements

Click here for current status of state policy

Introduced in 4 states

Bill Status:

Passed at least one chamber in MS

Enacted in AZ

(ENACTED) ARIZONA: In April, Gov. Jan Brewer (R) signed a measure that prohibits physician assistants from prescribing medication for abortion. The bill was adopted by the Senate in March and the House in April. It went into effect upon signing.

(ENACTED) ARIZONA: In April, Gov. Jan Brewer (R) signed a measure that prohibits the state nursing board from issuing rules that would allow abortion provision by nurses.  Currently, the nursing board permits nurse practitioners in Arizona to perform first-trimester abortions. The bill was approved by the Senate in March and the House in April. It went into effect upon signing.

MISSISSIPPI: In January, the Senate approved a measure that would require any physician “associated with” an abortion clinic to be board certified or eligible in obstetrics and gynecology. The bill also would require physicians to have admitting and staff privileges at a local hospital. No further action is expected since the legislature has adjourned its regular session.

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Prohibiting Coercing a Woman into Having an Abortion

Introduced in 6 states

Bill Status:

Passed at least one chamber in MT

MONTANA: In April, the legislature passed the final version of a measure that will place on the 2012 ballot the question of whether to make it a crime for a parent, guardian or any other person to coerce a minor into having an abortion. The bill would also require parental notification for a minor seeking an abortion.

MONTANA: In April, the legislature approved the final version of a measure that would make it a crime for a parent, guardian or any other person to coerce a minor into having an abortion. The bill, which would also require parental notification for a minor seeking an abortion, is awaiting action by Gov. Brian Schweitzer (D).

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Protecting Access

Clinic Access

Click here for current status of state policy

Introduced in 3 states

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Ensuring Legal Access to Abortion

Click here for current status of state policy

Introduced in 5 states

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Reporting Requirements

Abortion Reporting

Click here for current status of state policy

Introduced in 24 states

Bill Status:

Passed at least one chamber in AL, FL, IN, IA, MO and OH

Enacted in ID, IN, KS, ND and OK

ALABAMA: In April, the House approved a measure that would revise the state’s abortion reporting requirements for abortions performed at or beyond 20 weeks’ gestation. The measure would require providers to report the specific medical diagnosis that necessitated the procedure after that point. The bill, which also would limit abortion at or beyond 20 weeks’ gestation to cases of medical emergency, is awaiting action in the Senate.

FLORIDA: In April, the House adopted an omnibus abortion measure that would require the health department to develop an abortion reporting form that includes all the elements from the model developed by the Centers for Disease Control and Prevention. The bill, which also would limit abortion in the third trimester to cases of medical emergency and revise abortion clinic regulations, is awaiting action in the Senate.

(ENACTED) IDAHO: In April, Governor C.L Otter (R) signed into law a measure that would revise the state’s abortion reporting requirements for abortions performed at or beyond 20 weeks’ gestation. The measure would require providers to report the specific medical diagnosis that necessitated the procedure after that point. The bill also includes a provision that limits abortion at or beyond 20 weeks’ gestation to cases of medical emergency. The law is in effect. 

INDIANA: In April, the legislature adopted the final version of an omnibus abortion measure that would revise the reporting requirements for abortions performed at or after 20 weeks’ gestation. The measure would require providers to report the specific medical diagnosis that necessitated the procedure. The bill also bans the state from contracting with abortion providers and includes provisions related to counseling, abortion at or after 20 weeks’ gestation, abortion coverage in the health exchange, hospital privileges for providers, medical emergency and ultrasound. The bill is awaiting action by Gov. Mitch Daniels (R).

(ENACTED) INDIANA: In April, Gov. Mitch Daniels (R) signed into law a measure that would expand the state’s abortion reporting requirements to include information on the age of the woman’s partner, the date of the abortion procedure and the date the report is received by the state. The bill, which also includes provisions on reporting requirements for minors’ abortions, goes into effect in July. 

IOWA: In March, the House approved a measure that would revise the state’s abortion reporting requirements for abortions performed at or after 20 weeks’ gestation. The measure would require providers to report the specific medical diagnosis that necessitated the procedure. The bill, which would also limit abortion at or after 20 weeks’ gestation and narrow the medical emergency clause in current law, is waiting action by the Senate.

(ENACTED) KANSAS: In April, Gov. Sam Brownback (R) signed into law an omnibus abortion measure that would expand the state’s abortion reporting requirements for abortions performed after 21 weeks’ gestation. In the case of an abortion after 21 weeks, the reporting form would require the abortion provider and another physician who is unaffiliated with the provider to certify the need for the abortion and provide detailed information on the medical diagnosis necessitating the procedure. The bill would also permit district and county attorneys to have access to women’s confidential information. The bill, which also contains provisions on postviability abortion, parental consent, reporting requirements for minors’ judicial waivers, counseling and “partial-birth” abortion, goes into effect in July.

(ENACTED) KANSAS: In April, Gov. Sam Brownback (R) signed into law a measure that would revise the state’s abortion reporting requirements for abortions performed at or after 20 weeks’ gestation. The measure would require providers to report the specific medical diagnosis that necessitated the procedure. The bill, which would also limit abortion at or after 20 weeks’ gestation, goes into effect in July.

MISSOURI: In April, the Senate approved a measure that would revise the state’s reporting requirements to include information on the medical reasons for a postviability abortion. The bill, which also includes provisions on postviability abortion and medical emergency, is awaiting action in the Senate.

MISSOURI: In March, the House approved a measure that would revise the state’s reporting requirements for abortions performed at or beyond 20 weeks’ gestation. The measure would require providers to report the specific medical diagnosis that necessitated the procedure. The bill, which also would limit abortion at or beyond 20 weeks’ gestation and limit the permissible conditions for abortion in cases of medical emergency, is awaiting action in the Senate.

(ENACTED) NORTH DAKOTA: In April, Gov. Jack Dalrymple (R) signed into law an omnibus bill that requires abortion providers to report “adverse events” from medication abortion to the state and to submit reporting forms within 24 hours of an abortion procedure. The bill, which also includes provisions on abortion counseling, medication abortion, medical emergency and parental consent, goes into effect in August.

OHIO: In April, the Senate passed a measure that would expand the state’s reporting requirements to include information on whether the fetus was viable and if the abortion was provided to protect the woman’s life or avert “substantial and irreversible” impairment to her health. The bill, which also would ban abortion after viability, is awaiting action in the house.

(ENACTED) OKLAHOMA: In April, Gov. Mary Fallin (R) signed into law a measure that revises the state’s abortion reporting requirements for abortions performed at or beyond 20 weeks’ gestation. The measure would require providers to report the specific medical diagnosis that necessitated the procedure. The bill also limits abortion at or beyond 20 weeks’ gestation to cases of medical emergency.

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Minors Reporting

Introduced in 6 states

Bill Status:

Passed at least one chamber in FL

Enacted in IN and KS

FLORIDA: In April , the House passed a measure that would require the Supreme Court to include in their yearly report the reasons why petitions waiving the parental notice requirement were granted. The bill, which also includes a parental notice requirement, is awiating aciton in the Senate.

(ENACTED) INDIANA: In April, Gov. Mitch Daniels (R) signed into law a measure that requires abortion providers to report procedures performed on minors younger than 14 to the state within three days of the procedure. The bill, which also includes provisions on abortion reporting, goes into effect in July.

KANSAS: In April, Gov. Sam Brownback (R) signed into law an omnibus abortion measure that requires judges to give the Department of Health information on the number of cases where a minor petitioned for a court waiver of parental consent and the number of waivers that were granted. The bill also includes provisions on abortion reporting requirements, postviability abortion, parental consent, counseling, mandatory reporting of statutory rape and “partial-birth” abortion. The law goes into effect in July.

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Self-Induced Abortion

Introduced in 1 state

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Sex and Race Selection

Introduced in 5 states

Bill Status:

Enacted in AZ

(ENACTED) ARIZONA: In March, Gov. Jan Brewer (R) signed a measure that criminalizes the provision of an abortion if the provider knows the reason for the abortion is related to the race or gender of the fetus. The bill, which also prohibits coercing a woman into an abortion based on race or gender, passed the House in February and the Senate in March.

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State Employee and Facility Participation in Abortion

Introduced in 4 states

Bill Status:

Enacted in AZ

(ENACTED) ARIZONA: In April, Gov. Jan Brewer (R) signed a bill that prohibits state universities from using state funds, federal funds or tuition payments to train abortion providers. The measure also prohibits citizens from claiming a tax credit for donations to any organization that “provides, pays for, promotes, provides coverage of or provides referrals for abortions.” The bill, which was approved by the House in February and the Senate in April, went into effect upon signing.

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Ultrasound Requirements

Click here for current status of state policy

Introduced in 19 states

Bill Status:

Passed at least one chamber in FL, IN, KS, KY and TX

Enacted in AZ

(ENACTED) ARIZONA: In April, Gov. Jan Brewer (R) signed into law a bill that requires a woman to undergo an ultrasound at least one hour before obtaining an abortion. The measure also requires providers to offer the woman the option to view the ultrasound image, listen to the fetal heartbeat, receive a verbal description of the image and receive a picture of it. The bill, which prohibits medication for abortions from being prescribed remotely through telemedicine, is in effect.

FLORIDA: In April, the House approved a measure that would require an abortion provider to perform an ultrasound prior to an abortion and give the woman the option to see the image or hear a description of it. The measure, which would include an exception for women who have been raped or are victims of human trafficking or domestic violence, is awaiting action in the Senate.

INDIANA: In April, the legislature adopted the final version of an omnibus abortion measure that would require an abortion provider to perform an ultrasound prior to an abortion and give the woman the option to see the image or hear a description of it. The bill also bans the state from contracting with abortion providers and includes provisions related to counseling, abortion at or beyond 20 weeks’ gestation, abortion coverage in the health exchange, hospital privileges for providers, medical emergency and reporting requirements. The bill is awaiting action by Gov. Mitch Daniels (R).

KANSAS: In April, the legislature approved an omnibus abortion measure that would require that women undergo an ultrasound procedure before having an abortion and be given the option to review the image with a medical provider. Currently, the state requires that if a provider performs an ultrasound before an abortion, the woman must be given the option to view the time. The measure, which also includes provisions on medication abortion, abortion providers’ hospital privileges and clinic regulation, is awaiting action by Gov. Sam Brownback (R).

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. No further action is expected since the legislature has adjourned its regular session.

TEXAS: In March, the House approved a measure that would require an abortion provider or a certified technician to perform an ultrasound 24–72 hours 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, which also amends the state’s abortion counseling and waiting period requirement, is awaiting action in the Senate.

TEXAS: In February, the Senate approved a measure that would require a woman seeking an abortion to undergo an ultrasound and be given the opportunity to view the image and hear a description of it. The measure, which would allow survivors of sexual assault and incest, as well as those ending their pregnancy because of an irreversible fetal abnormality, to opt out of the ultrasound, is awaiting action in the House.

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ADOLESCENTS

Minors Access to Reproductive Healthcare

Click here for current status of state policy

Introduced in 9 states

Bill Status:

Passed at least one chamber in SC

Enacted in UT

SOUTH CAROLINA: In March, the legislature passed two identical measures that would remove the requirement that the Department of Health and Environmental Control notify the superintendent or nurse of a school when a student tests positive for HIV or is diagnosed with AIDS. The bills are awaiting action in their opposite chambers.

(ENACTED) UTAH: In March, Gov. Gary Herbert (R) signed into law a measure that allows a minor who is married, emancipated, a parent or pregnant to consent to immunizations against communicable diseases. However, parental consent is required for most minors requesting the HPV vaccine. The bill also stipulates that the physician will not be required to provide immunizations to the minor. The law goes into effect in May.

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Sex Education

Click here for current status of state policy

Introduced in 28 states

Bill Status:

Passed at least one chamber in HI and ND

Enacted in MS and VA

Vetoed in MT

HAWAII: In March, the Senate adopted a measure that would require sex education to be provided in all public schools. The instruction would include discussion of healthy relationships, decision-making skills and communication with parents about sex and could not be biased against any race, sex, religion, sexual orientation or gender identity. The state currently requires that when provided, sex education must be medically accurate and include information on contraception and abstinence. The bill is awaiting action in the House.

(ENACTED) MISSISSIPPI: In March, Gov. Haley Barbour (R) signed a measure that requires school districts to provide, at a minimum, abstinence-only education. Additional subjects, such as contraception, may be provided upon approval from the state. 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 bill, which passed the House in February and the Senate in March, goes into effect in July.

MONTANA: In April, Gov. Brian Schweitzer (D) vetoed a measure that would have required parental consent before sex education is provided. The school would have also been required to notify parents that sex education will be taught and inform them about the content of the instruction. The bill also would have prohibited the use of materials or instruction from organizations that are affiliated with abortion services. A subsequant veto override attempt failed.

NORTH DAKOTA: In April, the legislature adopted the final version of a measure that would require all schools to include information on the risks of adolescent sex and the benefits of abstinence until and within marriage as part of the health education curriculum. Currently, the state has no policy requiring sex education. The bill, which passed the House in February and the Senate in March, is awaiting action by Gov. Jack Dalrymple (R).

(ENACTED) VIRGINIA: In March, Gov. Bob McDonnell (D) signed a measure that includes the topics of dating violence and abusive relationships in family life education. The bill, which passed the legislature in February, goes into effect in July.

VIRGINIA: In February, a House committee defeated a bill that would have mandated that schools provide sex education. The education would have been required to have the goals of reducing teen pregnancy and STI incidence and be medically accurate and age appropriate. The bill passed the Senate in February.

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Statutory Rape Reporting

Introduced in 7 states

Bill Status:

Passed at least one chamber in IL and MS

Enacted in KS

ILLINOIS: In April, the House passed a measure that would require health care professionals who provide abortion and family planning services to report situations of child abuse and neglect to the proper authorities. The bill is awaiting action in the Senate.

(ENACTED) KANSAS: In April, Gov. Sam Brownback (R) signed into law an omnibus abortion measure mandating that employees or volunteers of organizations that provide services to pregnant teenagers report child abuse. The bill, which also contains provisions on postviability abortion, parental consent and counseling, “partial-birth” abortion and reporting requirements for abortions and minors’ judicial waivers, goes into effect in July.

MISSISSIPPI: In January, the Senate passed a measure that would include reproductive health clinic staff and volunteers among those individuals who are charged with reporting sexual abuse of a child. The measure would also require a physician performing an abortion on a minor younger than 14 to provide a tissue sample to the state bureau of investigation. The bill would also criminalize assisting a minor seeking an abortion without parental consent. No further action is expected since the legislature has adjourned its regular session.

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CONTRACEPTION & PREVENTION

Abortion-Related Restrictions on State and Family Planning Funds

Click here for current status of state policy

Introduced in 11 states

Bill Status:

Passed at least one chamber in CO, IN, KS, MI and NH

Enacted in CO

COLORADO: In April, the legislature adopted the state’s budget bill that continues a long-standing prohibition against giving state family planning funds to organizations that provide abortion services with their own funds. The bill, which also allocates funding for family planning services, is awaiting action by Gov. John Hickenlooper (D).

(ENACTED) COLORADO: In March, Gov. John Hickenlooper (D) signed two supplemental budget bills that continue a long-standing prohibition of giving state family planning funds to organizations that provide abortion services with their own funds. The laws, which also allocate funding for family planning services, are in effect.

INDIANA: In April, the legislature passed the final version of an omnibus abortion measure that would prohibit state or federal funds going through the state treasury from being disbursed to organizations that provide abortion services or maintain abortion facilities, except hospitals and ambulatory surgical centers. The bill would also dissolve any current state contracts that fund such organizations. The measure, which also includes provisions related to counseling, abortions at or after 20 weeks’ gestation, hospital privileges for providers, medical emergency, ultrasound and reporting requirements, is awaiting action by Gov. Mitch Daniels (R).

KANSAS: In March, the Senate passed a measure that would require state agencies to dispense family planning funds using a priority-based system. Facilities run by health agencies would have the highest priority. Private hospitals and federally qualified health centers could apply for any remaining funds; other types of family planning providers would not be eligible for funding. The bill, which also allocates funding for family planning services and alternatives to abortion, is awaiting action in the House.

MICHIGAN: In April, the Senate passed a measure that would prohibit the use of state pregnancy prevention funds for abortion services, including counseling and referral. The bill is awaiting action in the House.

NEW HAMPSHIRE: In March, the House adopted the state’s budget which includes a provision that prohibits the use of state family planning funds for the “evaluation, assessment, consultation about, preparation for, or provision of an abortion.” The bill is awaiting action in the Senate.

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Budget Bills: Family Planning Line Items

Introduced in 18 states

Bill Status:

Passed at least one chamber in CO, FL, GA, HI, KS, MI, MN and WA

Enacted in CO and NY

COLORADO: In April, the legislature adopted the state’s budget bill that allocates more than $6.5 million for family planning services, a similar amount to that allocated for the current fiscal year. The bill, which retains the long-standing prohibition against giving state family planning funds to organizations that provide abortion services with their own funds, is awaiting action by Gov. John Hickenlooper (D).

(ENACTED) COLORADO: In March, Gov. John Hickenlooper (D) signed two supplemental budget bills that together include $6.2 million in state and federal funds for family planning services. The bills, which retain the long-standing prohibition of giving state family planning funds to organizations that provide abortion services with their own funds, passed the legislature in February. The laws are in effect.

FLORIDA: In April, the legislature passed a measure that would allocate more than $4.5 million for family planning services, an amount that is similar to the current fiscal year. The bill is currently in conference committee.

GEORGIA: In April, the legislature adopted the state's budget which included funding for family planning. Nearly $42.7 million were allocated for preventing teenage pregnancies, tobacco use prevention, cancer screening and prevention, and family planning services. This is slightly less than the amount allocated last year to reflect furlough days for state employees. THe bill is awaiting action by Gov.Nathan Deal (R).

HAWAII: In April, the Senate passed a measure that would allocate state funds for family planning. The measure is currently awaiting action in a conference committee, which is expected to specify a funding level.

KANSAS: In March, the Senate passed a measure that would allocate $300,000 for the state match needed to receive federal family planning funds under the Title X program, an amount that is similar to funding levels allocated in recent years. The bill, which would also create a priority system for distributing the family planning funds and allocate funds for alternatives to abortion, is awaiting action in the House.

MICHIGAN: In April, the Senate passed a measure allocating nearly $23 million for family planning and pregnancy prevention services. The bill is awaiting action in the House.

MINNESOTA: In April, the House passed the state’s budget, which includes a provision to allocate $1 million of the state’s allotment under the federal Temporary Assistance to Needy Families program for family planning services. The state typically spends more than $5 million per year in state and federal funds on family planning services. The bill, which passed the Senate in March, is currently in a conference committee.

MINNESOTA: In March, the Senate passed the state’s budget, which would prohibit the health department from allocating state or federal funds for family planning services. The state typically spends more than $5 million per year in state and federal funds on family planning services. The bill is awaiting action in the House.

(ENACTED) NEW YORK: In April, Gov. Andrew Cuomo (D) signed into law a budget that allocates $25 million for family planning services; this is essentially the current funding level. It is in effect.

WASHINGTON: In April, the Senate adopted the state’s budget, which includes a provision to reduce family planning funding from the current $9 million to $6.75 million for the coming fiscal year. The bill is awaiting concurrence in the House.

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Definitions of Contraception

Introduced in 1 state

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Emergency Contraception

Allowing Pharmacists to Provide Emergency Contraception without a Prescription

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Introduced in 0 states

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Emergency Contraception Services for Sexual Assault Victims

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Introduced in 6 states

Bill Status:

Passed at least one chamber in HI

HAWAII: In March, the House passed a measure requiring that a woman who has been sexually assaulted receive medically accurate and unbiased information on emergency contraception, as well as the medication upon request from the hospital treating her injuries. The hospital is not required to provide the medication if the woman has a positive pregnancy test. The bill is awaiting action in the Senate.

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Restricting Access to Emergency Contraception

Introduced in 0 states

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Insurance Coverage

Contraceptive Coverage

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Introduced in 6 states

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HPV Tests and Vaccine Coverage

Introduced in 2 states

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Medicaid Family Planning Eligibility Expansions

click here for current status of state policy

Introduced in 10 states

Bill Status:

Passed at least one chamber in MD

Enacted in IA

(ENACTED) IOWA: In April, Gov. Terry Branstad (R) signed into law a measure that expands the state’s Medicaid family planning program to include men. The program currently serves women whose income is 200% or less of the federal poverty line. The bill goes into effect in August.

MARYLAND: In April, each chamber of the legislature adopted a measure that would expand the state’s Medicaid family planning expansion program. Women would be eligible for services if their income is 200% or less of the federal poverty line. Currently, women are covered by the program for five years after the birth of a child. The bills, which passed their chambers of origin in March, are awaiting action by Gov. Martin O’Malley (D). 

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Parental Involvement Requirements for Minors Seeking Contraceptive Services

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Introduced in 2 states

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Partner Treatment for Sexually Transmitted Infections

Introduced in 2 states

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Pharmacy or Pharmacist Requirements to Dispense Contraception

Introduced in 6 states

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PREGNANCY & BIRTH

Fetal and Pregnant Woman Assault

Introduced in 19 states

Bill Status:

Passed at least one chamber in MT and NM

Enacted in NC

MONTANA: In April, the legislature passed the final version of a bill that would consider a fetus as a victim of homicide. The bill would include exceptions for abortion, medical care and any act by the woman. The bill is awaiting action from Gov. Brian Schweitzer (D).

NEW MEXICO: In March, the House passed a measure that would consider a fetus as a victim of homicide and assault. The bill includes exceptions for abortion, medical care, actions by the woman and actions performed in self-defense. No further action is expected since the legislature has adjourned its regular session.

(ENACTED) NORTH CAROLINA: In April, Gov. Beverly Perdue (D) signed a measure that considers a fetus as a victim of homicide and assault. The enacted bill, which includes exceptions for legal abortion, medical care and actions by the woman, passed the House in March and the Senate in April. It goes into effect in December.

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HIV Testing of Infants and Pregnant Women

Introduced in 6 states

Bill Status:

Enacted in OK

(ENACTED) OKLAHOMA: In April, Gov. Mary Fallin (R) signed into law a measure that requires a health care provider to test a woman for HIV when she delivers an infant if she has not received any prenatal care. The woman is not permitted to decline the test, even if she knows her HIV status. The law is in effect. 

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Infant Abandonment

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Introduced in 7 states

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Infertility Coverage

Introduced in 11 states

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Non-Medical Use of Ultrasound

Introduced in 1 state

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Stillbirth Certificates

Introduced in 9 states

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Substance Abuse During Pregnancy

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Introduced in 15 states

Bill Status:

Passed at least one chamber in AL

Enacted in AR, CO and KY

Vetoed in NM

ALABAMA: In March, the House passed a measure that would consider the act of exposing a fetus to controlled substances or chemicals a felony. The bill is awaiting action in the Senate.

(ENACTED) ARKANSAS: In April, Gov. Mike Beebe (D) signed into law a measure that requires a health care provider to report the birth of an infant with fetal alcohol syndrome to the state. The law goes into effect in August.

(ENACTED) COLORADO: In March, Gov. John Hickenlooper (D) signed into law a measure that allocates $2 million for drug treatment for pregnant women. The law, which passed the Senate in February and the House in March, is in effect.

(ENACTED) KENTUCKY: In March, Gov. Steve Beshear (D) signed into law a measure that allocates $1.8 million over two years for substance abuse prevention and treatment for pregnant women. The bill passed the legislature in March.

NEW MEXICO: In March, Gov. Susana Martinez (R) vetoeda measure that would have included drug screening as part of routine prenatal and postpartum care, unless the woman declined. The measure would have required the woman to be counseled about the testing and referred to treatment programs if she tested positive. The bill passed the legislature in March.

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REFUSAL CLAUSES

Abortion Services

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Health Professionals

Introduced in 7 states

Bill Status:

Passed at least one chamber in KY

Enacted in UT

KENTUCKY: In February, the Senate adopted a measure that would expand the state’s refusal clause to allow any person, employer or health care provider to refuse to be directly or indirectly involved with abortion services. Currently, hospitals and some health care providers may refuse to participate in abortion. No further action is expected since the legislature has adjourned its regular session.

(ENACTED) UTAH: In March, Gov. Gary Herbert (R) signed a measure that expands the state’s abortion refusal clause to allow employees of health care facilities and public and non-religious hospitals to refuse to participate in or perform abortions. Current state law allows hospital employees and private and religious hospitals to refuse to participate in abortion because of religious or moral objections. The bill, which passed the House and Senate in March, will go into effect in May.

 

Allowing Insurers to Refuse

Introduced in 4 states

 

Allowing Pharmacists or Pharmacies to Refuse

Introduced in 6 states

Bill Statuts:

Passed at least one chamber in MO

MISSOURI: In April, the House adopted an omnibus abortion measure that would allow pharmacies to refuse to provide services related to medication abortion or emergency contraception. The measure, which also includes provisions on hospital privileges for providers, physicians’ liability and medication abortion, is awaiting action in the Senate.

 

Allowing Facilities to Refuse

Introduced in 5 states

Bill Status:

Enacted in UT

(ENACTED) UTAH: In March, Gov. Gary Herbert (R) signed a measure that expands the state’s abortion refusal clause to allow employees of health care facilities and public and non-religious hospitals to refuse to participate in or perform abortions. Current state law allows hospital employees and private and religious hospitals to refuse to participate in abortion because of religious or moral objections. The bill, which passed the House and Senate in March, will go into effect in May.

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Contraceptive Services

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Health Professionals

Introduced in 4 states

 

Allowing Insurers to Refuse

Introduced in 4 states

 

Allowing Pharmacies or Pharmacists to Refuse

Introduced in 5 states

Bill Status:

Passed at least one chamber in MO

MISSOURI: In April, the House adopted an omnibus abortion measure that would allow pharmacies to refuse to provide services related to medication abortion or emergency contraception. The measure, which also includes provisions on hospital privileges for providers, physicians’ liability and medication abortion, is awaiting action in the Senate.

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General Medical Care

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Health Professionals

Introduced in 3 states

 

Insurers

Introduced in 3 states

 

Pharmacists or Pharmacies

Introduced in 3 states

 

Facilities

Introduced in 3 states

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REPRODUCTIVE HEALTH AND ENVIRONMENTAL HAZARDS

Bisphenol-A (BPA)

Introduced in 24 states

Bill Status:

Passed at least one chamber in IA, MD and OR

IOWA: In March, the Senate adopted a measure that would ban the use of Bisphenol-A (BPA) in pacifiers and reusable beverage containers designed for children aged three and younger. The measure is awaiting action in the House.

MARYLAND: In March, the legislature adopted a measure that would ban the use of BPA in reusable beverage and food containers designed for children younger than four. The bill would also virtually ban BPA from infant formula. The measure is awaiting action by Gov. Martin O’Malley (D).

OREGON: In April, the Senate adopted a measure that would prohibit the manufacture, distribution and sale of reusable bottles that contain BPA. The bill would also require the Women, Infants and Children program to distribute only infant formula packaged in containers made without BPA. The bill is awaiting action in the House.

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Dioxin

Introduced in 1 state

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Flame Retardants

Introduced in 8 states

Bill Status:

Passed at least one chamber in MD

MARYLAND: In March, the House adopted a measure that would sharply curtail use of a widely used flame retardant (decabrominated diphenyl ether or decaDBE) in products manufactured, leased, sold or distributed in the state. The ban would be fully in place by 2014. The bill, which passed the Senate in February, is awaiting action by Gov. Martin O’Malley (D).

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Lead

Introduced in 15 states

Bill Status:

Passed at least one chamber in IL

Vetoed in NE

ILLINOIS: In April, the Senate adopted a measure to expand the state’s electronic waste recycling program that helps keep chemicals, such as lead and mercury, out of the environment, to include electronics, such as iPods, VCRs and video game consoles. The measure is awaiting action in the House.

NEBRASKA: In April, Gov. Dave Heineman (R) vetoed a measure that would have required children to be tested for lead before attending school. The bill passed the legislature in April.

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Mercury

Introduced in 22 states

Bill Status:

Passed at least one chamber in IL and VT

ILLINOIS: In April, the Senate adopted a measure to expand the state’s electronic waste recycling program that helps keep chemicals, such as lead and mercury, out of the environment, to include electronics such as iPods, VCRs and video game consoles. The measure is awaiting action in the House.

VERMONT: In April, the Senate passed a measure that would prohibit the sale of light bulbs that include mercury, unless the store has a free program to collect used bulbs. The measure is awaiting action in the House.

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Parabens

Introduced in 0 states

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Pesticides

Introduced in 6 states

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Phthalates

Introduced in 4 states

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