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
Clinic Regulation
Hospital Privilege Requirements
Targeted Regulation of Abortion Providers
Crisis Pregnancy Centers
Insurance Coverage
Later Term Abortion
Mandatory Counseling and Waiting Periods
Mandatory Counseling and Waiting Periods
Parental Involvement
Physicians
Prohibiting Coercing a Woman into Having an Abortion
Protecting Access
Ensuring Legal Access to Abortion
Reporting Requirements
State Employee and Facility Participation in Abortion
Adolescents
Contraception & Prevention
Abortion-Related Restrictions on State Family Planning Funds
Emergency Contraception
Insurance Coverage
Pregnancy & Birth
Refusal Clauses
Reproductive Health and Environmental Hazards
ABORTION
Abortion Bans to Replace Roe
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Introduced in 8 states
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.
Targeted Regulation of Abortion Providers
Introduced in 7 states
Crisis Pregnancy Centers
Click here for current status of state policy on 'Choose Life' License Plate laws
Introduced in 4 states
Regulation of Crisis Pregnancy Centers
Introduced in 2 states
State Funding of Alternatives-to-Abortion Services
Introduced in 0 states
Insurance Coverage of Abortion
Abortion Coverage in Health Plans Offered Through Health Exchanges
Click here for current status of state policy
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.
Private Insurance Coverage of Abortion
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Introduced in 5 states
Public Funding of Abortion for Low-Income Women
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Introduced in 7 states
Later Term Abortion
Click here for current status of state policy
Introduced in 3 states
Click here for current status of state policy
Introduced in 7 states
Second Trimester Abortion Restrictions
Introduced in 8 states
Mandatory Counseling and Waiting Periods Before Abortion
Click here for current status of state policy
Introduced in 6 states
Click here for current status of state policy
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.
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.
Medical Emergency Exception in Abortion Law
Introduced in 3 states
Medication Abortion
Introduced in 8 states
Parental Involvement in Minor's Abortions
Click here for current status of state policy
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.
Parental Notification Requirements
Click here for current status of state policy
Introduced in 8 states
Physicians
Introduced in 0 states
Click here for current status of state policy
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.
Prohibiting Coercing a Woman into Having an Abortion
Introduced in 4 states
Protecting Access
Click here for current status of state policy
Introduced in 0 states
Ensuring Legal Access to Abortion
Click here for current status of state policy
Introduced in 1 state
Reporting Requirements
Click here for current status of state policy
Introduced in 14 states
Introduced in 3 states
Self-Induced Abortion
Introduced in 0 states
Sex and Race Selection
Introduced in 3 states
State Employee and Facility Participation in Abortion
Introduced in 2 states
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.
ADOLESCENTS
Minors Access to Reproductive Healthcare
Click here for current status of state policy
Introduced in 3 states
Sex Education
Click here for current status of state policy
Introduced in 15 states
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.
CONTRACEPTION & PREVENTION
Abortion-Related Restrictions on Family Planning Funds
Click here for current status of state policy
Introduced in 4 states
Definitions of Contraception
Introduced in 1 state
Emergency Contraception
Allowing Pharmacists to Provide Emergency Contraception without a Prescription
Click here for current status of state policy
Introduced in 0 states
Emergency Contraception Services for Sexual Assault Victims
Click here for current status of state policy
Introduced in 4 states
Restricting Access to Emergency Contraception
Introduced in 0 states
Insurance Coverage
Click here for current status of state policy
Introduced in 2 states
HPV Tests and Vaccine Coverage
Introduced in 2 states
Medicaid Family Planning Eligibility Expansions
click here for current status of state policy
Introduced in 5 states
Parental Involvement Requirements for Minors Seeking Contraceptive Services
Click here for current status of state policy
Introduced in 0 states
Partner Treatment for Sexually Transmitted Infections
Introduced in 1 state
Pharmacy or Pharmacist Requirements to Dispense Contraception
Introduced in 5 states
PREGNANCY & BIRTH
Fetal and Pregnant Woman Assault
Introduced in 8 states
HIV Testing of Infants and Pregnant Women
Introduced in 4 states
Infant Abandonment
Click here for current status of state policy
Introduced in 5 states
Infertility Coverage
Introduced in 5 states
Non-Medical Use of Ultrasound
Introduced in 1 state
Stillbirth Certificates
Introduced in 4 states
Substance Abuse During Pregnancy
Click here for current status of state policy
Introduced in 7 states
REFUSAL CLAUSES
Abortion Services
Click here for current status of state policy
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
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
General Medical Care
Click here for current status of state policy
Health Professionals
Introduced in 0 states
Insurers
Introduced in 0 states
Pharmacists or Pharmacies
Introduced in 0 states
Facilities
Introduced in 0 states
REPRODUCTIVE HEALTH AND ENVIRONMENTAL HAZARDS
Bisphenol-A (BPA)
Introduced in 10 states
Dioxin
Introduced in 0 states
Flame Retardants
Introduced in 2 states
Lead
Introduced in 6 states
Mercury
Introduced in 10 states
Parabens
Introduced in 0 states
Pesticides
Introduced in 3 states
Phthalates
Introduced in 4 states