Advancing Sexual and Reproductive Health and Rights
 

Monthly State Update:
MAJOR DEVELOPMENTS IN 2011

(as of 2/1/2011)

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 February, legislatures in 46 states (AK, AZ, AR, CA, CO, CT, DE, GA, HI, ID, IL, IN, IA, KS, KY, ME, MD, MA, MI, MN, MS, MO, MT, NE, NH, NJ, NM, NY, NC, ND, OH, OK, OR, PA, RI, SC, SD, TN, TX, UT, VT, VA, WA, WV, WI and WY) and the District of Columbia were in regular session. Four states (AL, FL, LA and NV) have not yet convened their regular sessions.

For a state-by-state chart of legislation enacted in 2010, 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

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Introduced in 8 states

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Abortion Clinic Regulation

Requiring Abortion Providers to Have Hospital Privileges

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Introduced in 4 states

Bill Status:

Passed at least one chamber in MS

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, which also would require any such physician to be board certified or eligible in obstetrics and gynecology, is awaiting action in the House.

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Targeted Regulation of Abortion Providers

Introduced in 7 states

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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 4 states

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Regulation of Crisis Pregnancy Centers

Introduced in 2 states

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State Funding of Alternatives-to-Abortion Services

Introduced in 0 states

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Insurance Coverage of Abortion

Abortion Coverage in Health Plans Offered Through Health Exchanges

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Introduced in 13 states (These bills may overlap with bills in Private Insurance Coverage.)

Bill Status:

Passed at least one chamber in  AR

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. The bill is awaiting action in the House.

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Private Insurance Coverage of Abortion

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Introduced in 5 states

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Public Funding of Abortion for Low-Income Women

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Introduced in 7 states

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Later Term Abortion

'Partial-Birth' Abortion

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Introduced in 3 states

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'Postviability' Abortion

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Introduced in 7 states

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Second Trimester Abortion Restrictions

Introduced in 8 states

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Mandatory Counseling and Waiting Periods Before Abortion

State-Directed Counseling

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Introduced in 6 states

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Fetal Pain

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Introduced in 3 states

Bill Status:

Defeated by one chamber in WY

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

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Introduced in 7 states

Bill Status:

Defeated by one chamber in WY

Passed at least one chamber in KY

KENTUCKY: In January, the Senate approved a bill that would require that a woman seeking an abortion receive counseling in person at least 24 hours prior to the procedure, thus requiring her to make two trips to the clinic. The bill, which would also require an ultrasound to be performed as part of the abortion procedure, is awaiting action in the House.

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 3 states

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Medication Abortion

Introduced in 8 states

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Parental Involvement in Minor's Abortions

Parental Consent Requirements

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Introduced in 5 states

Bill Status:

Passed at least one chamber in MS

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. The bill is awaiting action in the House.

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Parental Notification Requirements

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Introduced in 8 states

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Physicians

Physician Liability

Introduced in 0 states

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Physician-Only Requirements

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Introduced in 2 states

Bill Status:

Passed at least one chamber in MS

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, which also would require physicians to have admitting and staff privileges at a local hospital, is awaiting action in the House.

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Prohibiting Coercing a Woman into Having an Abortion

Introduced in 4 states

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Protecting Access

Clinic Access

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Introduced in 0 states

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Ensuring Legal Access to Abortion

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Introduced in 1 state

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Reporting Requirements

Abortion Reporting

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Introduced in 14 states

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Minors Reporting

Introduced in 3 states

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Self-Induced Abortion

Introduced in 0 states

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Sex and Race Selection

Introduced in 3 states

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State Employee and Facility Participation in Abortion

Introduced in 2 states

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Ultrasound Requirements

Click here for current status of state policy

Introduced in 10 states

Bill Status:

Passed at least one chamber in KY

KENTUCKY: In January, the Senate approved a measure that would require an abortion provider or a certified technician to perform an ultrasound prior to an abortion. The provider would be required to display and describe the ultrasound image to the woman, although the woman would be permitted to avert her eyes from the image. The measure would also require that a woman seeking an abortion receive in-person counseling at least 24 hours prior to the procedure. The bill is awaiting action in the House.

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ADOLESCENTS

Minors Access to Reproductive Healthcare

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Introduced in 3 states

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Sex Education

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Introduced in 15 states

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Statutory Rape Reporting

Introduced in 3 states

Bill Status:

Passed at least one chamber in MS

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, which would also criminalize assisting a minor seeking an abortion without parental consent, is awaiting action in the House.

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CONTRACEPTION & PREVENTION

Abortion-Related Restrictions on Family Planning Funds

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Introduced in 4 states

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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 4 states

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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 2 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 5 states

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Parental Involvement Requirements for Minors Seeking Contraceptive Services

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Introduced in 0 states

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Partner Treatment for Sexually Transmitted Infections

Introduced in 1 state

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Pharmacy or Pharmacist Requirements to Dispense Contraception

Introduced in 5 states

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PREGNANCY & BIRTH

Fetal and Pregnant Woman Assault

Introduced in 8 states

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HIV Testing of Infants and Pregnant Women

Introduced in 4 states

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Infant Abandonment

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Introduced in 5 states

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Infertility Coverage

Introduced in 5 states

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Non-Medical Use of Ultrasound

Introduced in 1 state

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Stillbirth Certificates

Introduced in 4 states

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Substance Abuse During Pregnancy

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Introduced in 7 states

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REFUSAL CLAUSES

Abortion Services

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Health Professionals

Introduced in 2 states

 

Allowing Insurers to Refuse

Introduced in 0 states

 

Allowing Pharmacists or Pharmacies to Refuse

Introduced in 3 states

 

Allowing Facilities to Refuse

Introduced in 1 state

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Contraceptive Services

Click here for current status of state policy

Health Professionals

Introduced in 1 state

 

Allowing Insurers to Refuse

Introduced in 0 states

 

Allowing Pharmacies or Pharmacists to Refuse

Introduced in 2 states

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General Medical Care

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Health Professionals

Introduced in 0 states

 

Insurers

Introduced in 0 states

 

Pharmacists or Pharmacies

Introduced in 0 states

 

Facilities

Introduced in 0 states

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REPRODUCTIVE HEALTH AND ENVIRONMENTAL HAZARDS

Bisphenol-A (BPA)

Introduced in 10 states

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Dioxin

Introduced in 0 states

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Flame Retardants

Introduced in 2 states

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Lead

Introduced in 6 states

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Mercury

Introduced in 10 states

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Parabens

Introduced in 0 states

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Pesticides

Introduced in 3 states

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Phthalates

Introduced in 4 states

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