Advancing Sexual and Reproductive Health and Rights
 

Monthly State Update:
MAJOR DEVELOPMENTS IN 2011

(as of 12/1/2011)

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

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

 

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 21 states

Bill Statute:

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

Ballot initiative approved for the ballot in TN

Ballot initiative defeated by voters in MS

MISSISSIPPI: In November, Mississippi voters rejected a constitutional amendment that could have potentially restricted women’s access to birth control and abortion services by defining a person throughout Mississippi law as a “human being from the moment of fertilization.”

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.

OHIO: In June, the House approved a measure that would ban all abortions after the fetal heartbeat can be detected by ultrasound – typically between six and 10 weeks’ gestation. The measure is awaiting action in the Senate.

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

TENNESSEE: In May, the House approved a measure that places 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, was approved by the Senate in April.

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 10 states

Bill Status:

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

Enacted in IN and KS

(ENACTED) INDIANA: In May, Gov. Mitch Daniels (R) signed an omnibus abortion measure that requires abortion providers to have either admitting privileges or an agreement with a physician who has these 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. All of the provisions went into effect on July 1, except the provision that bans the state from contracting with abortion providers. That provision is blocked from enforcement during a lawsuit.

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 provision was adopted into law in another measure and the legislature has adjourned its regular sesion.

(ENACTED) KANSAS: In May, Gov. Sam Brownback (R) signed an omnibus abortion measure that requires an abortion provider to have clinical privileges at a hospital located within 30 miles of where an abortion is performed. Currently, providers must have either admitting privileges or a transfer agreement with a local hospital. The measure, which also includes provisions on clinic regulation, medication abortion and ultrasound, goes into effect in July.

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 also includes provisions on medication abortion, physicians’ liability and pharmacies’ refusal to provide services. No further action is expected since the legislature has adjourned its regular session.

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

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Targeted Regulation of Abortion Providers

Introduced in 17 states

Bill Status:

Passed at least one chamber in AR, FL, IA and PA

Enacted in AR, KS, 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 would also limit abortions in the third trimester and revise abortion reporting requirements. No further action is expected since the legislature has adjourned its regular session.

IOWA: In May, the Senate adopted a measure that would require facilities that provide abortions at and after 20 weeks’ gestation to be located near one of the three hospitals that provide perinatal care. No further action is expected since the legislature has adjourned its regular session.

KANSAS: In June, a US district court judged blocked enforcement of the law against two of the three abortion clinics in the state. The law would have imposed unnecessary clinic licensing and inspection scheme and imposed building and supply requirements.

PENNSYLVANIA: In June, the Senate adopted a measure that would direct the Department of Health to develop regulations, including licensing fees and inspection requirements, for abortion clinics. The bill is awaiting action in the House.

PENNSYLVANIA: In May, the House adopted a measure that would require abortion clinics to be licensed as ambulatory surgical facilities and face regulations that are more onerous than those imposed on similar types of health care facilities. The measure is awaiting action in the Senate.

(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:

Enacted in FL, NC, TX and UT

(ENACTED) FLORIDA: In June, Gov. Rick Scott (R) signed 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 passed the House in April and the Senate in June.

New York: In November, a U.S. District Court judge held that the Department of Motor Vehicles violated the First Amendment by engaging in viewpoint discrimination when it denied an application to create a “Choose Life” license plate. The judge’s order for the state to approve the vanity plate is on hold pending an appeal by the state.

North Carolina: In November, a U.S. District Court judge temporarily blocked from enforcement the state’s new law that authorizes the production of “Choose Life” license plates. The law also prohibits any funds raised from the sale of the license plates from going to any organization that provides abortion services. The law will remain unenforced until the resolution of the court case.

(ENACTED) TEXAS: In May, Gov. Rick Perry (R) signed a measure authorizing 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 was approved by the Senate in March and the House in May.

(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 4 states

Bill Status:

Enacted KS, MO, PA and TX

(ENACTED) KANSAS: In May, Gov. Sam Brownback (R) signed a measure that allocates more than $300,000 to fund alternatives-to-abortion services. The bill passed the legislature in May and goes into effect in July.

(ENACTED) MISSOURI: In June, Gov. Jay Nixon (D) signed the state’s health budget that would allocate $1.6 million to provide alternatives-to-abortion services for any pregnant woman at 200% or below 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 prohibits 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, passed the Senate in April and the House in May.

(ENACTED) PENNSYLVANIA: In June, Gov. Tom Corbett (R) signed the state’s budget, which includes $4.8 million for alternatives-to-abortion services. The state prohibits nonprofit organizations receiving the funds from offering abortion services, counseling or referral. Organizations receiving these monies must maintain a strict separation from organizations providing abortion services. The bill is in effect.

(ENACTED) TEXAS: In June, Gov. Rick Perry (R) signed into law a measure that allocates more than $4 million to alternatives-to-abortion services in both FY 2012 and FY 2013. The measure, which also restricts and allocates family planning funds, goes into effect in September.

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

Bill Status:

Passed at least one chamber in  AL, AR, GA, OH, PA, RI, SC, VA and WI

Enacted in FL, ID, IN, KS, NE, OK, UT and VA

Vetoed in MT

ALABAMA: In May, the Senate passed a measure that would ban abortion coverage in the health exchanges that will be established under the federal health care reform law except in cases of life endangerment, rape or incest. The bill is awaiting action in the House. No further action is expected since the legislature has adjourned its regular session.

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.

(ENACTED) FLORIDA: In June, Gov. Rick Scott (R) signed into law a measure that bans 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 can be purchased at an additional cost. The law goes into effect in July.

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 in the exchange may include coverage of abortion only in cases of life endangerment, rape or incest.

(ENACTED) INDIANA: In May, Gov. Mitch Daniels (R) signed into law an omnibus abortion measure that bans abortion coverage in the health exchanges that will be developed under federal health care reform. Plans offered in the exchange may include coverage of abortion only in cases of life endangerment, rape, incest or when there is a possible risk of "substantial and irreversible impairment of a major bodily function." 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. All of the provisions went into effect on July 1, except the provision that bans the state from contracting with abortion providers. That provision is blocked from enforcement during a lawsuit.

(ENACTED) KANSAS: In May, Gov. Sam Brownback (R) signed into law a measure that permits abortion coverage only when the woman’s life is endangered in the health plans that will be offered under federal health care reform law. The bill also prohibits the purchase of abortion coverage at an additional cost. The law, which passed the legislature in May, goes into effect in July.

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) NEBRASKA: In May, Gov. Dave Heineman (R) signed into law a measure that would ban abortion coverage in the health exchanges that will be established under the federal health care reform law except in cases of life endangerment. The bill, which also limits abortion coverage in all private health plans, passed the legislature in May. It goes into effect in 2012.

OHIO: In June, the House 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. The bill is awaiting action in the Senate.

(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.

PENNSYLVANIA: In June, 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 as an additional cost. The bill is awaiting action in the House.

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

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 also includes a provision on prohibiting abortion coverage in all private insurance plans. 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 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.

WISCONSIN: In October, the Senate passed a measure that would ban abortion coverage in the health exchanges that will be established under the federal health care reform law except in cases of life endangerment, rape, incest or possible “grave, long-lasting physical health damage.” The bill is awaiting action in the House.

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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 AL and SC

Enacted in KS, NE, NC, OK and UT

Ballot initiative approved in FL

ALABAMA: In May, the Senate approved a measure that would prohibit public funds from being used to cover abortion in insurance plans for state employees, except when necessary to save the woman’s life.  The measure, which would also prohibit private insurers’ health plans from covering elective abortions, would allow additional coverage to be purchased at an additional cost.  No further action is expected since the legislature has adjourned its regular session.

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) KANSAS: In May, Gov. Sam Brownback (R) signed a measure prohibiting private insurers’ health plans from covering elective abortions, except when necessary to save the woman’s life. Additional coverage can be purchased at an additional cost. The measure, which passed the legislature in May, goes into effect in July.

(ENACTED) NEBRASKA: In May, Gov. Dave Heineman (R) signed a measure prohibiting private insurers’ health plans from covering elective abortions, except when necessary to save the woman’s life. Additional coverage can be purchased at an additional cost. The measure, which also limits abortion coverage in the health exchanges, was approved by the legislature in May. It goes into effect in 2012.

(ENACTED) NORTH CAROLINA: In June, the legislature overrode Gov. Beverly Perdue’s (D) veto of a bill that prohibits the state employees’ health plan from covering abortion except in cases of life endangerment, rape or incest. The bill, which passed the legislature in June, prohibits state funds from being disbursed to Planned Parenthood. The law is in effect.

(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 would also limit abortion coverage through the health insurance exchange. No further action is expected since the legislature has adjourned its regular session.

(ENACTED) UTAH: In March, Gov. Gary Herbert (R) approved a measure that would prohibit private insurers’ health plans from covering elective abortions, 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 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 17 states

Bill Status:

Passed at least one chamber in MT

Enacted in AK, IA and MD

Vetoed in MN

Ballot initiative approved in FL and TN

(ENACTED) ALASKA: In June, Gov. Sean Parnell (R) signed 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, which supercedes the provision in the budget. The bill passed the House in March and the Senate in April.

FLORIDA: In May, the House adopted a resolution that places on the 2012 ballot an amendment to the Florida constitution that would prohibit state funding for abortion except in cases of rape, incest or life endangerment. The resolution passed the Senate in April.

(ENACTED) IOWA: In July, Gov. Terry Brandstad (R) signed the final version of the state’s budget, which limits coverage of abortion under Medicaid to cases of life endangerment, rape or incest. Currently, Medicaid covers abortion in those circumstances and if there is a fetal impairment. The bill also requires providers to counsel a woman seeking an abortion and offer her an ultrasound. It went into effect in July.

IOWA: In June, each chamber of the legislature adopted a separate but identical versions of the state’s budget which includes limiting coverage of abortion under Medicaid to cases when the woman’s life is endangered, or rape or incest. Currently, Medicaid covers abortion in those circumstances and if there is a fetal impairment. The bill also would require providers to offer a woman seeking an abortion an ultrasound and provide her with counseling. No further action is expection on these bills since another budget bill will be signed and the legislature has adjourned its regular session.

(ENACTED) MARYLAND: In May, Gov. Martin O’Malley (D) allowed an appropriations bill that would reenact current restrictions limiting public funding of abortion to cases of incest, rape, life or health endangerment and fetal impairment to go into effect without his signature. The bill was approved by the legislature in April. It goes into effect in July.

MINNESOTA: In May, Gov. Mark Dayton (D) vetoed a bill that would have limited Medicaid-funded abortions to cases of rape, incest or life endangerment. Currently, the state is under a court order to fund all medically necessary abortions. The bill was approved by both chambers of the legislature in May.

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 would also provide for a ballot initiative limiting abortion protections under the state constitution. No further action is expected since the legislature had adjourned its regular session.

TENNEESSEE: In May, the House approved a measure that places 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 to propose amending the state constitution to severely curtail abortion rights, was approved by the Senate in April.

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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 and MI

(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.

(ENACTED) MICHIGAN: In October, Gov. Rick Snyder (R) signed into law a measure that alters the state’s definition of “partial-birth” abortion to mirror that of federal law. The bill also allows the procedure only in cases of life endangerment. The state’s existing ban of “partial-birth” abortion is blocked from enforcement by a court decision. The law is in effect.

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'Postviability' Abortion

Click here for current status of state policy

Introduced in 6 states

Bill Status:

Enacted in KS, MO and OH

(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.

(ENACTED) MISSOURI: In July, Gov. Jay Nixon (D) allowed two measures to go into effect without his signature that 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 be performed only if a second and unaffiliated physician certifies the need for the abortion and if a physician attends the procedure. The bills, which also include provisions on abortion reporting requirements, go into effect in August.

(ENACTED) OHIO: In July, Gov. John Kasich (R) signed into law a ban on 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 be performed only if a second and unaffiliated physician certifies the need for the abortion and if a physician attends the procedure.  The bill goes into effect in October.

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 18 states

Bill Status:

Passed at least one chamber in FL and IA

Enacted in AL, ID, IN, KS and OK

Vetoed in MN

(ENACTED) ALABAMA: In June, Gov. Robert Bentley (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 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 also contains provisions on medical emergency exceptions and abortion reporting requirements. The law goes into effect in September.

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 would also revise abortion reporting requirements and abortion clinic regulations. No further action is expected since the legislature had adjourned its regular session.

(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. 

(ENACTED) INDIANA: In May, Gov. Mitch Daniels (R) signed into law an omnibus abortion measure that bans abortion at or after 20 weeks’ gestation based on the assumption that a fetus can feel pain at that point of development. The bill permits 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, and ultrasound and reporting requirements. All of the provisions went into effect on July 1, except the provision that bans the state from contracting with abortion providers. That provision is blocked from enforcement during a lawsuit.

IOWA: In May, the Senate defeated a measure that would have banned 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 have permitted abortions at or beyond 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 bill, which also includes provisions on abortion reporting and medical emergency, passed the House in March.

(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.

MINNESOTA: In May, Gov. Mark Dayton (D) vetoed a bill that would have banned 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 have permitted 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 limited medical emergency exception was specifically designed to prohibit abortions performed to preserve a woman’s mental health. The bill, which passed the legislature in May, also established additional abortion reporting requirements.

(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 14 states

Bill Status:

Passed at least one chamber in IN and MT

Enacted in IN, IA, KS, LA and ND

ARIZONA: In August, a state appeals court reversed the district court’s decision to temporarily block provisions of a 2009 omnibus abortion law. The appeals court held that the requirement for in-person abortion counseling was not an undue burden on a woman seeking an abortion and that face-to-face contact is better than counseling by phone or videoconference. Using similar reasoning, the appeals court reversed the order to block enforcement of provisions related to parental consent, physician-only requirements and refusal clauses. The laws went into effect in September.

(ENACTED) INDIANA: In May, Gov. Mitch Daniels (R) signed an omnibus abortion measure that expands the state’s abortion counseling requirements to include a statement that “human physical life begins when a human ovum is fertilized by a human sperm," as well as information on the fetus’s purported ability to feel pain. The measure 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.All of the provisions went into effect on July 1, except the provision that bans the state from contracting with abortion providers. That provision is blocked from enforcement during a lawsuit.

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) IOWA: In July, Gov. Terry Brandstad (R) signed the final version of the state’s budget, which requires that a woman seeking an abortion be given information on pregnancy options, including continuation of the pregnancy, abortion and adoption. The bill also includes provisions on Medicaid coverage of abortion and ultrasound. It went into effect in July.

(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.

(ENACTED) LOUISIANA: In July, Gov. Bobby Jindal (R) signed a measure that amends the current law on abortion counseling. The measure requires that some of the counseling be provided by the physician who will perform the abortion. It also requires the abortion counseling materials to include information on all abortion-related risks that has been published in peer-reviewed journals, as well as a statement that the state of Louisiana “strongly urges you to consult an independent physician about the risks of abortion to your physical and psychological well-being.” The measure also requires facilities to post signs on coerced abortion. It goes into effect in August.

LOUISIANA: In May, the House approved a measure that would amend the state’s counseling requirements. The bill would require that some of the abortion counseling be provided by the medical provider who will perform the abortion; it would also require that the counseling include information on all abortion-related risks that have been published in peer-reviewed journal. The bill would also require facilities to post signs on coerced abortion and revise the state’s refusal clause. No further action is expected since the legislature has adjourned its regular session.

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.

SOUTH DAKOTA: In September, a three-judge panel of the U.S. Court of Appeals for the Eighth Circuit upheld and blocked provisions in a 2005 abortion counseling law. The court struck down a provision that would have required that a woman seeking an abortion be informed that the procedure increases the risk of suicide and suicidal ideation. The court found that this provision is not supported by scientific evidence and requires a provider to participate in “untruthful and misleading speech.” The court also clarified that a provision requiring a provider to inform a woman that she has a constitutionally protected relationship with her fetus that would be ended by an abortion should be interpreted as requiring a provider to inform the woman that she “is legally and constitutionally protected against being forced to have an abortion.”  The counseling requirement that the woman be told that the fetus is a “whole, separate, unique, living human being” was upheld and was not considered a violation of free speech protections because the provider is not required to repeat the exact words in the law. The court also upheld the requirement that the provider must inform the woman of “all known medical risks of the procedure,” holding that the law requires the disclosure of only “generally recognized or familiar risks,” not unproven risks. At the end of the month, the state appealed the decision to be heard before the entire U.S. Court of Appeals for the Eighth Circuit.

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Fetal Pain

Click here for current status of state policy

Introduced in 6 states

Bill Status:

Defeated by one chamber in WY

Enacted in IN

(ENACTED) INDIANA: In May, Gov. Mitch Daniels (R) signed an omnibus abortion measure that expands the state’s abortion counseling requirements to include what the law describes as “objective” and “scientific” information on the fetus’s purported ability to feel pain. The measure 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. All of the provisions went into effect on July 1, except the provision that bans the state from contracting with abortion providers. That provision is blocked from enforcement during a lawsuit.

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 13 states

Bill Status:

Passed at least one chamber in AR and KY

Defeated by one chamber in WY

Enacted in NC, SD and TX

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) NORTH CAROLINA: In July, the legislature overrode the veto by Gov. Beverly Perdue (D) of a measure mandating that a woman receive counseling on abortion at least 24 hours before the procedure. The counseling must include information on the risks of abortion, including the impact on future fertility and mental health, and the health risks of pregnancy. The measure also includes provisions on medical emergency and coercion. These provisions are in effect. Another requirement of the law, which mandates that a woman undergo an ultrasound procedure at least four hours before the abortion, is temporarily enjoined pending the outcome of a legal challenge.

SOUTH DAKOTA: In June, a U.S. district court judge temporarily blocked enforcement of four major provisions of a new omnibus abortion law pending resolution of a legal challenge. The enjoined provisions are requirements that a woman obtain in-person counseling from the physician who will perform the procedure at least 72 hours prior to the abortion, that she visit a crisis pregnancy center in the interim, that abortion counseling include information on 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 an abortion and that counseling include a determination of whether the woman was coerced into having the procedure. (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 have gone into effect on July 1.

TEXAS: In August, a U.S. District Court judge temporarily blocked several provisions of a new law that requires a woman seeking an abortion to receive counseling at the clinic at least 24 hours before the procedure, thus requiring her to make two trips to the abortion clinic. Women who live more than 100 miles away from an abortion provider must receive counseling at least two hours before the abortion. Some of the mandated abortion counseling would also have to be conducted by the abortion provider. The provision that requires in-person counseling for a woman who lives more than 100 miles from an abortion clinic was allowed to go into effect.  However, the judge blocked enforcement of the requirement that some of the abortion counseling be conducted by the abortion provider, holding that the provision does not clearly describe the actions that are required of the provider. The judge also blocked enforcement of the ultrasound requirements, but not the medical emergency requirements. The blocked provisions will remain unenforced until the resolution of the court case.

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 24 states

Bill Status:

Passed at least one chamber in AL and IA

Enacted in AL, ID, IN, KS, MO, NC, ND, OK and TX

Vetoed in MN

(ENACTED) ALABAMA: In June, Gov. Robert Bentley (R) signed into law a measure that limits 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 goes into effect in September.

ALABAMA: In May, the Senate approved a measure which would also narrow the so-called emergency exception in existing state law that allows abortion providers to bypass state requirements, such as a mandated waiting period, to cases in which the woman’s life is endangered or she is at risk of “substantial or irreversible physical impairment. The measure also would require women to undergo an ultrasound procedure before abortion and receive a verbal description of the image. No further action is expected since the legislature has adjourned its regular session.

(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. 

(ENACTED) INDIANA: In May, Gov. Mitch Daniels (R) signed  an omnibus abortion measure that bans 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. Additionally, the measure 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. All of the provisions went into effect on July 1, except the provision that bans the state from contracting with abortion providers. That provision is blocked from enforcement during a lawsuit.

IOWA: In May, the Senate defeated a measure that would have banned abortions at or beyond 20 weeks’ gestation except in a medical emergency, and limited 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 have also established additional reporting requirements and requirements for abortions at or beyond 20 weeks’ gestation, passed the House in March.

(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.

MINNESOTA: In May, Gov. Mark Dayton (D) vetoed a bill that would have banned abortions at or beyond 20 weeks’ gestation except in a medical emergency, and limited 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 have also established additional abortion reporting requirements, was approved by both chambers of the legislature in May.

(ENACTED) MISSOURI: In July, Gov. Jay Nixon (D) allowed two measures to go into effect without his signature that 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 bills, which also include provisions on abortion reporting requirements, go into effect in August.

(ENACTED) NORTH CAROLINA: In July, the legislature overrode the veto by Gov. Beverly Perdue (D) of a measure that allows abortion providers to waive abortion counseling, waiting period and ultrasound requirements in cases when the woman’s life is endangered or she is at risk of “substantial or irreversible physical impairment.” The measure also includes provisions on abortion counseling and waiting periods. These provisions are in effect. Another requirement of the law, which mandates that a woman undergo an ultrasound procedure at least four hours before the abortion, is temporarily enjoined pending the outcome of a legal challenge.

(ENACTED) NORTH DAKOTA: In April, Gov. Jack Dalrymple (R) signed into law an omnibus bill that narrows the so-called emergency exception clause in existing state law that allows abortion providers to bypass state requirements, such as a mandated waiting period, in cases when the woman’s life is endangered or she is at risk of “substantial or irreversible physical impairment.” The bill specifies that the emergency exception cannot be invoked because the provider believes the woman may commit suicide or otherwise injure herself. The bill, which includes provisions on abortion counseling and medication abortion, 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.

TEXAS: In August, a U.S. District Court judge allowed the challenged medical emergency provision of the abortion law to go into effect. The new law allows abortion providers to bypass state requirements, such as a mandated waiting period, in cases when the woman’s life is endangered or she is at risk of “substantial or irreversible physical impairment.” The judge blocked enforcement of a provision that requires abortion counseling to be conducted by the abortion provider and requirements for ultrasound; those requirements will remain unenforced until the resolution of the court case. The challenged provision related to in-person abortion counseling has been allowed to go into effect.

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Medication Abortion

Introduced in 14 states

Bill Status:

Passed at least one chamber in AL, AR and MO

Enacted in AZ, KS, NE, ND, OK and TN

ALABAMA: In May, the Senate approved a measure that would prohibit a physician from prescribing medication for abortion remotely through telemedicine and require them to follow the FDA-approved protocol when dispensing the medication and give the woman a copy of the medication’s label. The measure would also require an abortion provider to contract with a second physician who has admitting rights at a local hospital to handle complications. No further action is expected since the legislature has adjourned its regular session.

(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.

(ENACTED) KANSAS: In May, Gov. Sam Brownback (R) signed an omnibus abortion measure that prohibits prescribing medication for abortion remotely through telemedicine. The measure, which also includes provisions related to clinic regulation, abortion providers’ hospital privileges and ultrasound, goes into effect in July.

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 also includes provisions on hospital privileges for providers, physicians’ liability and pharmacies’ refusal to provide services. No further action is expected since the legislature has adjourned its regular session.

(ENACTED) NEBRASKA: In May, Gov. Dave Heineman (R) approved a measure prohibiting a physician from providing medication for abortion remotely through telemedicine. The bill was approved by the legislature in May and goes into effect in August.

NORTH DAKOTA: In July, a state court judge temporarily blocked enforcement of a law that prohibits the use of telemedicine in providing medication abortion and requires a provider to use the FDA protocol when providing medication abortion. The bill was enacted in April and was expected to go into effect in August.

OKLAHOMA: In October, a state judge temporarily blocked enforcement of the state’s new restrictions on the provision of medication abortion. The law, which was slated to go into effect in November, would have limited the authority to prescribe and administer any abortion-inducing drug, including mifepristone, to physicians. In addition, it would have required physicians dispensing the medication to follow the FDA-approved protocol, which would have blocked the use of newer regimens that are as safe and effective as their predecessors but have fewer side effects and cost less. The measure would have also prohibited prescribing medication for abortion remotely through telemedicine.

(ENACTED) TENNESSEE: In May, Gov. Bill Haslam (R) signed into law a measure that prohibits prescribing medication for abortion remotely through telemedicine. The measure goes into effect in January 2013.

 

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Parental Involvement in Minor's Abortions

Parental Consent Requirements

Click here for current status of state policy

Introduced in 19 states

Bill Status:

Passed at least one chamber in IN and MS

Enacted KS, NE, ND and OH

ARIZONA: In August, a state appeals court reversed a state district court’s order that blocked enforcement of provisions of a 2009 omnibus abortion law. The appeals court held that the provision requiring notarized parental consent before a minor obtains an abortion is not an undue burden, would ensure parental consent to a minor’s abortion and would not jeopardize a minor’s privacy. The court allowed several other sections of the statute to go into effect, including provisions related to in-person abortion counseling, physician-only requirements and refusal clauses. The laws went into effect in September.

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) NEBRASKA: In May, Gov. Dave Heineman (R) signed into law a measure that requires notarized parental consent before a minor may obtain an abortion. Currently, a minor’s parent must be notified before an abortion. The bill would also mandate that a judge use specific criteria to determine if there is “clear and convincing evidence” that the minor is mature and informed before waiving the state’s parental consent requirement. The law, which also includes reporting requirements for minors’ abortions, passed the legislature in May. It goes into effect in August.

(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.

(ENACTED) OHIO: In November, Gov. John Kasich (R) signed a measure that requires a judge to use specific criteria when determining whether to grant a minor’s petition for an abortion without parental consent. The measure requires 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 must use the “clear and convincing evidence” standard, which is stricter than the common standard of proof in civil cases. The new law goes into effect in February 2012.

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Parental Notification Requirements

Click here for current status of state policy

Introduced in 11 states

Bill Status:

Ballot initiative approved in MT

Enacted in FL and NH

Vetoed in MT

(ENACTED) FLORIDA: In June, Gov. Rick Scott (R) signed into law a measure that requires judges to use specific criteria when determining whether to waive the state’s requirement that a minor’s parent be notified prior to an abortion. The measure requires 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, which also includes provisions on reporting of minors’ abortions, goes into effect in October.

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 May, Gov. Brian Schweitzer (D) vetoed a measure that would have required 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 have also allowed the minor to seek a court order to permit an abortion without notification in the case of a medical emergency.

(ENACTED) NEW HAMPSHIRE: In June, the legislature overrode Gov. Jon Lynch’s (D) veto of a measure that requires abortion providers to notify a parent of a minor seeking an abortion 48 hours before the procedure. The bill also allows the minor to seek a court order to permit an abortion without notification in the case of a medical emergency. The law goes into effect in January 2012.

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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 also includes provisions on medication abortion, hospital privileges for providers and pharmacies’ refusal to provide services. No further action is expected since the legislature has adjourned its regular session.

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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

ARIZONA: In August, a state appeals court reversed the district court’s decision to temporarily block provisions of a 2009 omnibus abortion law. The appeals court held that the provision limiting surgical abortion provision to physicians is not an undue burden on a woman seeking an abortion and that counseling by a physician is better than counseling from a non-physician. Using similar reasoning, the appeals court reversed the order to block enforcement of provisions related to parental consent, in-person counseling and refusal clauses. The laws went into effect in September.

ARIZONA: In July, as part of a court case, the state agreed not to enforce a measure that prohibits physician assistants from prescribing medication for abortion. The bill was signed into law by Gov. Jan Brewer (R) in April.

ARIZONA: In July, as part of a court case, the state agreed not to enforce 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 signed into law by Gov. Jan Brewer (R) in April.

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 10 states

Bill Status:

Passed at least one chamber in MT

Enacted in LA and NC

Ballot initiative approved in MT

Vetoed in MT

(ENACTED) LOUISIANA: In July, Gov. Bobby Jindal signed a measure that requires abortion facilities to post a notice informing women that they cannot be coerced into having an abortion and that an abortion may be performed only if the woman has voluntarily consented to the procedure. The bill, which also expands abortion counseling requirements, goes into effect in August.

LOUISIANA: In May, the House approved a measure that would require abortion facilities to post a notice informing women that they cannot be coerced into having an abortion and that an abortion may only be performed if the woman has voluntarily consented to the procedure. The bill also expands abortion counseling requirements and revises the state’s refusal clause. No further action is expected since the legislature has adjourned its regular session.

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 May, Gov. Brian Schweitzer (D) vetoed a measure that would have made it a crime for a parent, guardian or any other person to coerce a minor into having an abortion. The bill, which would have also required parental notification for a minor seeking an abortion, passed the legisalture in April.

(ENACTED) NORTH CAROLINA: In July, the legislature overrode the veto by Gov. Beverly Perdue (D) of a measure that requires a provider, as part of abortion counseling, to offer social service resources to any woman the provider believes is being coerced into the abortion. The bill also establishes counseling and waiting period requirements and includes a medical emergency provision. These provisions are in effect. Another requirement of the law, which mandates that a woman undergo an ultrasound procedure at least four hours before the abortion, is temporarily enjoined pending the outcome of a legal challenge.

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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 FL, IA and OH

Enacted in AL, ID, IN, KS, MO, ND, OK and TX

Vetoed in MN

(ENACTED) ALABAMA: In June, Gov. Robert Bentley (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 after that point. The bill, which also limits abortion at or beyond 20 weeks’ gestation to cases of medical emergency, goes into effect in September.

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 also would limit abortion in the third trimester to cases of medical emergency and revise abortion clinic regulations. No further action is expected since the legislature has adjourned its regular session.

(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. 

(ENACTED) INDIANA: In May, Gov. Mitch Daniels (R) signed an omnibus abortion measure that revises 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 measure 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. All of the provisions went into effect on July 1, except the provision that bans the state from contracting with abortion providers. That provision is blocked from enforcement during a lawsuit.

(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 May, the Senate defeated a measure that would have revised the state’s abortion reporting requirements for abortions performed at or after 20 weeks’ gestation. The measure would have required providers to report the specific medical diagnosis that necessitated the procedure. The bill, which would have also limited abortion at or after 20 weeks’ gestation and narrowed the medical emergency clause in current law, passed the House in March.

(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.

MINNESOTA: In May, Gov. Mark Dayton (D) vetoed a bill that would have revised the state’s abortion reporting requirements for abortions performed at or after 20 weeks’ gestation. The measure would have required providers to report the specific medical diagnosis that necessitated the procedure. The bill, which would also have limited abortion at or after 20 weeks’ gestation and narrowed the medical emergency clause in current law, was approved by both chambers of the legislature in May.

(ENACTED) MISSOURI: In July, Gov. Jay Nixon (D) allowed two measures to go into effect without his signature that revise the state’s abortion reporting requirements for abortions performed at or after 20 weeks’ gestation. The measures require providers to report the specific medical diagnosis that necessitated the procedure. The bills, which would also limit abortion at or after 20 weeks’ gestation and limit the permissible conditions for abortion in cases of medical emergency, go into effect in August.

(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.

(ENACTED) TEXAS: In May, Gov. Rick Perry (R) signed a measure that will require abortion providers to report to the state any instance in which a woman must bypass informed consent and mandated waiting periods due to a medical emergency. The measure, which also amends the state’s abortion counseling and waiting period requirement and contains provisions on ultrasound and abortion reporting, passed the legislature in May.

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Minors Reporting

Introduced in 6 states

Bill Status:

Passed at least one chamber in TX

Enacted in FL, IN, KS and NE

(ENACTED) FLORIDA: In June, Gov. Rick Scott (R) signed a measure that requires 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, goes into effect in October.

(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.

(ENACTED) 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.

(ENACTED) NEBRASKA: In May, Gov. Dave Heineman (R) signed into law a measure that expands reporting requirements related to minors’ abortions. The law requires a court to report to the state the number of abortions performed on minors, the number of procedures performed after obtaining parental consent and the number of abortions performed without consent, as well as the reasons why consent was not obtained. The law, which also includes a parental consent requirement, passed the legislature in May. It goes into effect in August.

TEXAS: In May, the House adopted a measure that would amend reporting requirements for minors’ abortions. The measure would require the state supreme court to collect and release statistical information on judicial waivers of parental notification requirements, including the number of petitions granted and denied and if appeals were granted. No further action is expected since the legislature has adjourned its regular session.

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Self-Induced Abortion

Introduced in 1 state

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Sex and Race Selection

Introduced in 6 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 5 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 21 states

Bill Status:

Passed at least one chamber in KY and TX

Enacted in AL, AZ, FL, IN, IA, KS, NC and TX

ALABAMA: In May, 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 narrow the so-called emergency exception clause in existing state law that allows abortion providers to bypass state requirements, such as a mandated waiting period, to cases when the woman’s life is endangered or she is at risk of “substantial or irreversible physical impairment. No further action is expected since the legislature has adjourned its regular session.

(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.

(ENACTED) FLORIDA: In June, Gov. Rick Scott (R) signed a measure that would require an abortion provider to perform an ultrasound prior to an abortion. The measure would then require that the provider give the woman the option to see the image or hear a description of it, unless the woman is a survivor of rape, human trafficking or domestic violence. It goes into effect in July.

(ENACTED) INDIANA: In May, Gov. Mitch Daniels (R) signed an omnibus abortion measure that requires 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 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 abortion reporting requirements. It goes into effect in July.

(ENACTED) IOWA: In July, Gov. Terry Brandstad (R) signed the final version of the state’s budget, which requires that a woman seeking an abortion be offered the option to obtain an ultrasound. The bill also includes provisions on Medicaid coverage of abortion and abortion counseling. It went into effect in July.

(ENACTED) KANSAS: In May, Gov. Sam Brownback (R) signed an omnibus abortion measure that requires that a woman undergo an ultrasound procedure before having an abortion and be given the option to review the image with a medical provider. The measure, which also includes provisions on medication abortion, abortion providers’ hospital privileges and clinic regulation, goes into effect in July.

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.

NORTH CAROLINA: In October, a U.S. district judge blocked a provision that would have required a woman to undergo an ultrasound procedure at least four hours before having an abortion. The provider would have been required to display and describe the ultrasound image to the woman, although the woman could have averted her eyes from the image and refused to listen to the explanation. The ultrasound-related provisions are enjoined until the resolution of the court case. The new law also established counseling and waiting period requirements and includes provisions on medical emergency and coercion. These provisions are in effect.

TEXAS: In August, a U.S. District Court judge temporarily blocked enforcement of the state’s newly enacted ultrasound requirements, which require an abortion provider or a certified technician to perform an ultrasound prior to an abortion. The woman is offered the option of viewing the image and listening to the fetal heartbeat, and must listen to a detailed verbal description of the image unless she was raped, has a court order waiving parental consent or is ending the pregnancy because of a fetal abnormality.  In blocking the requirements, the judge held that the law does not clearly describe which actions are prohibited and which are not, and that the provisions constitute forced speech, which is a violation of the First Amendment. The requirements are blocked until the resolution of the court case. The judge also blocked enforcement of a provision that requires abortion counseling to be conducted by the abortion provider. The challenged provisions related to medical emergency and in-person abortion counseling have been allowed to go into effect.

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 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. No further action is expected since a similar measure was enacted.

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ADOLESCENTS

Minors Access to Reproductive Healthcare

Click here for current status of state policy

Introduced in 9 states

Bill Status:

Enacted in CA, SC and UT

(ENACTED) CALIFORNIA: In October, Gov. Jerry Brown (D) signed into law a measure that allows a minor aged 12 or older to consent to services, such as the HPV and Hepatitis B vaccines, to prevent STIs. Current law allows a minor to consent STI diagnosis or treatment.  The bill, which passed the Assembly in May and the Senate in August, goes into effect in January 2012. 

(ENACTED) SOUTH CAROLINA: In June, Gov. Nikki Haley (R) signed into law a measure that requires the state to notify public school officials if any student enrolled in kindergarten through grade five is infected with HIV. Current law requires the state to notify the school if a minor of any age tests positive for HIV. The law is in effect.

(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 33 states

Bill Status:

Passed at least one chamber in HI, IL, TN, VA and WI

Enacted in MS, ND 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. No further action is expected since the legislature has adjourned its regular session.

ILLINOIS: In May, the Senate adopted a measure that would require discussion of abstinence and contraception when sex education is taught in a school. The bill would also require that sex education be developmentally appropriate and medically accurate. Current law requires only that sex education emphasize abstinence. No further action is expected since the legislature has adjourned its regular session.

(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.

(ENACTED) NORTH DAKOTA: In May, Gov. Jack Dalrymple (R) signed a measure that requires 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 goes into effect in August.

TENNESSEE: In May, the Senate adopted a measure that limits discussion of sexual orientation to heterosexuality when sex education is taught in a school. No further action is expected since the legislature has adjourned its regular session.

(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.

WISCONSIN: In November, the Senate adopted a measure that would revise and repeal many of the provisions in the state’s sex education law. The bill would repeal the requirements to provide contraception education, strengthen the abstinence education requirements and weaken the requirement that instruction be medically accurate. The bill is awaiting action in the Assembly.

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Statutory Rape Reporting

Introduced in 6 states

Bill Status:

Passed at least one chamber in MS

Enacted in IL and KS

(ENACTED) ILLINOIS: In August, Gov. Pat Quinn (D) signed into law a measure that requires health care professionals who provide abortion and family planning services to report situations of child abuse and neglect to the proper authorities. The bill goes into effect in January 2012.

(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 15 states

Bill Status:

Enacted in CO, IN, KS, MI, NH, NC, TX and WI

Vetoed in MN

(ENACTED) COLORADO: In May, Gov. John Hickenlooper (D) 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, goes into effect in July.

(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 June, a U.S. district court enjoined enforcement of two recently enacted abortion restrictions. The court enjoined a provision that would have required Planned Parenthood of Indiana, which only provide abortions during the first trimester, to inform women that an abortion might cause a fetus to feel pain; it also blocked implementation of a separate provision that would have prohibited the state from contracting with abortion providers other than hospitals and ambulatory surgical centers. The court, however, upheld a third provision requiring that a woman seeking an abortion be informed that “human physical life begins” at fertilization. This provision—along with others from the same law that require additional counseling, ban abortion at 20 weeks, restrict insurance coverage of abortion and require that abortion providers have hospital admitting privileges—will go into effect in July. The state’s attorney general has indicated that the state will appear the provisions that were blocked.

KANSAS: In August, a U.S. District Court judge temporarily blocked enforcement of a law that requires state agencies to dispense family planning funds using a priority-based system. Facilities run by health agencies have the highest priority. Private hospitals and federally qualified health centers are allowed to apply for any remaining funds; other types of family planning providers are not eligible for funding. The judge found that there was a likelihood that the statute violates federal law by placing additional restrictions on the allocation of federal funds and discriminating against Planned Parenthood. The law will not be enforced until the resolution of the court case.

(ENACTED) MICHIGAN: In June, Gov. Rick Snyder (R) signed into law a measure that imposes abortion-related restrictions on two funding streams for family planning. One fund could not be used for abortion counseling or referral services and the other could not be used “to encourage or support abortion services.” The bill, which also allocates specific funding levels for family planning services, is in effect.

MINNESOTA: In May, Gov. Mark Dayton (D) vetoed the state’s budget, which included a provision that would have prohibited any state or federal funds from being allocated to an abortion provider. The bill, which also included a line item for family planning funding, passed the legislature in May.

(ENACTED) NEW HAMPSHIRE: In June, the state budget was enacted without Gov. Jon Lynch’s (D) signature. It 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 final version of the bill passed the legislature in June.

NORTH CAROLINA: In August, a U.S. District Court judge temporarily blocked enforcement of a law that would have prohibited any funds that go through the state treasury from being disbursed to Planned Parenthood. The judge found that there was a likelihood that the statute violates federal law by impermissibly restricting the allocation of federal funds and discriminating against Planned Parenthood. The law will not be enforced until the resolution of the court case.

(ENACTED) TEXAS: In July, Gov. Rick Perry (R) signed into law a measure that establishes a three-tiered priority system for the allocation of family planning funds. Under this system, health departments have top priority, followed by community health centers; family planning centers can apply for any funds that remain. The bill, which passed the legislature in June, also prohibits Medicaid family planning expansion funds from being used for abortion services. The law goes into effect in September.

(ENACTED) TEXAS: In June, Gov. Rick Perry (R) signed into law a measure that continues restrictions on organizations’ eligibility for state family planning funds. Under the measure, family planning organizations must maintain incorporation, governing structure and bookkeeping that are separate from those of abortion providers. The measure also establishes a three-tiered priority system for the allocation of family planning funds. Under this system, health departments have top priority, followed by community health centers; family planning centers can apply for any funds that remain. The bill also continues the requirement that agencies receiving state funding must obtain parental consent before providing minors with prescription contraceptives. The measure also includes funding for family planning and alternatives-to-abortion services. The law goes into effect in September.

TEXAS: In May, the House passed a measure that would require the department of health to dispense family planning funds using a priority-based system. Public facilities would have the highest priority, followed by private facilities that provide comprehensive services as well as family planning services. Nonpublic organizations that provide only family planning services could apply for any remaining funds. The bill died in a conference committee.

(ENACTED) WISCONSIN: In June, Gov. Scott Walker (R) signed into law the state’s budget prohibiting family planning funds from being dispersed directly to private organizations The budget would allow funds allocated to public entities, such as health departments, to then be distributed to private organizations, providing that they neither provide nor refer for abortion services. The measure permits state funds to be used for abortions in cases of rape, incest, life or physical health endangerment. This bill also restricts minors’ access to Medicaid family planning services. The law is in effect.

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Budget Bills: Family Planning Line Items

Introduced in 19 states

Bill Status:

Passed at least one chamber in HI, MN and NJ

Enacted in CO, DE, FL, GA, IL, KS, ME, MI, NH, NJ, NY, PA, TX and WA

Vetoed in MN

(ENACTED) COLORADO: In May, Gov. John Hickenlooper (D) signed 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, goes into effect in July.

(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.

(ENACTED) DELAWARE: In July, Gov. Jack Markell (D) signed into law the state’s budget that allocates $325,000 for family planning services. The bill, which passed the legislature in June, is in effect.

(ENACTED) FLORIDA: In May, Gov. Rick Scott (R) signed into law a measure that allocates more than $4.5 million for family planning services. Last year, the legislature allocated more than $5 million for family planning services. The law goes into effect in July.

(ENACTED) GEORGIA: In May, Gov. Nathan Deal (R) signed the state's budget which includes funding for family planning. Nearly $42.7 million is 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 law went into effect upon signing.

HAWAII: In April, the Senate passed a measure that would allocate state funds for family planning. The measure was not reported out of conference committee with a specific funding level. No further action is expected since the legislature has adjourned its regular session.

(ENACTED) ILLINOIS: In June, Gov. Pat Quinn (D) signed the state’s budget that allocates $9.5 million for family planning (mostly Title X) services. The law goes into effect in July.

ILLINOIS: In May, the Senate passed a measure removing funding for Title X. No further action is expected since the legislature has adjourned its regular session.

(ENACTED) KANSAS: In May, Gov. Sam Brownback (R) signed a measure into law that allocates $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 law also creates a priority system for distributing the family planning funds and allocates funds for alternatives-to-abortion services. It passed the legislature in May and goes into effect in July.

(ENACTED) MAINE: In June, Gov. Paul LaPage (R) signed into law a measure that allocates more than $1 million for family planning services over the next two years. The law, which passed the legislature in June, is in effect.

(ENACTED) MASSACHUSETTS: In July, Gov. Deval Patrick (D) signed into law a measure that allocates $4.6 million for health services, including family planning services. The measure, which passed the legislature in June, is in effect.

(ENACTED) MICHIGAN: In June, Gov. Rick Snyder (R) signed into law a measure that allocates nearly $10 million for family planning services and nearly $13 million for the state’s Medicaid family planning expansion. The bill, which also restricts the use of family planning funds, is in effect.

MINNESOTA: In May, Gov. Mark Dayton (D) vetoed the state’s budget, which included a provision that would have allocated nearly $580,000 in federal Temporary Assistance to Needy Families (TANF) funds for family planning services. Currently, the state spends more than $1 million in TANF funds for family planning services. The bill, which also included restrictions on family planning funds, passed the legislature in May.

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

(ENACTED) NEW HAMPSHIRE: In June, Gov. John Lynch (D) allowed a bill to go into effect without his signature that allocates more than $4 million in state and federal funds for family planning services over the next two years. This allocation represents a 50% cut in the amount of state funds for family planning. The law is in effect.

(ENACTED) NEW JERSEY: In June, Gov. Chris Christie (R) signed into law the state’s budget allocating $4.2 million for family planning services under Title X. Gov. Christie also line-item vetoed $7.5 million of state funds to provide family planning services. The bill goes into effect in July.

NEW JERSEY: In May, the Senate passed a measure that would allocate $7.5 million for family planning services. These funds may not be used for abortions. The bill, which also requires the state to apply for a state plan amendment to expand Medicaid family planning services, is awaiting action in the Assembly.

(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.

(ENACTED) PENNSYLVANIA: In June, Gov. Tom Corbett signed the state's budget, which includes $2 million of the federal social services block grant for family planning funding. The bill, which also contains provisions on funding for alternatives-to-abortion services, goes into effect in July.

(ENACTED) TEXAS: In June, Gov. Rick Perry (R) signed into law a measure that allocates nearly $19 million for family planning services for each of the next two years. It also allocates $40.7 million for FY 2012 and $23.1 million for FY 2013 for the state’s Medicaid family planning expansion. The bill also restricts the use of family planning funds and allocates funds for alternatives to abortion. The law goes into effect in September.

(ENACTED) WASHINGTON: In June, Gov. Christine Gregoire (D) signed into law the final version of 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 law goes into effect in July.

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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

Click here for current status of state policy

Introduced in 0 states

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Emergency Contraception Services for Sexual Assault Victims

Click here for current status of state policy

Introduced in 8 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. No further action is expected since the legislature has adjourned its regular session.

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Restricting Access to Emergency Contraception

Introduced in 0 states

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Insurance Coverage

Contraceptive Coverage

Click here for current status of state policy

Introduced in 7 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 11 states

Bill Status:

Passed at least one chamber in NJ

Enacted in IA, MD, TX, WA and WI

(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.

(ENACTED) MARYLAND: In May, Gov. Martin O’Malley (D) signed into law two identical measures that expand the state’s Medicaid family planning expansion program. Women are eligible for services if their income is at 200% or below of the federal poverty level. Currently, women are covered by the program for five years after the birth of a child. The law goes into effect in October.

NEW JERSEY: In May, the Senate passed a measure that would mandate that the state amend their Medicaid program to cover family planning services for individuals whose income is at 200% or below of the federal poverty level. The bill, which also includes funding for family planning services, is awaiting action in the Assembly.

(ENACTED) TEXAS: In July, Gov. Rick Perry (R) signed into law a measure that prohibits Medicaid family planning funds from being used to perform or promote elective abortions. The measure would also prohibit these funds from going to organizations or affiliates that perform or promote elective abortions. The bill, which passed the legislature in June, also restricts family planning funds. The law goes into effect in September.

(ENACTED) WASHINGTON: In June, Gov. Christine Gregoire (D) signed into law a measure that expands the state’s Medicaid family planning expansion program. Individuals are eligible for services if their income is at 250% or below of the federal poverty level. Currently, men and women are covered by the program if their income is at 200% or below of the federal poverty level. The law, which passed the legislature in May, goes into effect in August.

(ENACTED) WISCONSIN: In June, Gov. Scott Walker (R) signed the state’s budget into law, which requires parental notification before a minor obtains family planning services under the state’s Medicaid family planning expansion program. Furthermore, eligibility for this program is no longer contingent the minor’s individual income. Instead, the program would consider the entire family income of the minor. The bill would also limit eligibility for family planning funds. The law is in effect.

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Parental Involvement Requirements for Minors Seeking Contraceptive Services

Click here for current status of state policy

Introduced in 3 states

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Partner Treatment for Sexually Transmitted Infections

Introduced in 2 states; Regulations proposed in 2 states

Bill Status:

Enacted in CT

Regulations adopted in IN and MA

(ENACTED) CONNECTICUT: In June, Gov. Dan Malloy (D) allowed a measure permitting medical providers to prescribe or dispense a drug for treatment of chlamydia or gonorrhea for a patient’s partner without first seeing the partner to go into effect without his signature. The measure, which passed the legislature in June, goes into effect in October.

(ENACTED) INDIANA: In October, the medical licensing board of Indiana approved regulations that permit physicians to prescribe or dispense a drug for treatment of chlamydia and gonorrhea for a patient’s partner without first seeing the partner. The regulations are in effect.

(ENACTED) MASSACHUSETTS: In August, the Massachusetts Public Health Council approved regulations in accordance with a 2010 statute that permits medical providers to prescribe or dispense a drug for treatment of chlamydia for a patient’s partner without first seeing the partner. The regulations are in effect.

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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 NM

Enacted in NC and TN

Vetoed in MT

MONTANA: In May, Gov. Brian Schweitzer (D) vetoed a measure that would have considered a fetus as a victim of homicide. The bill would have included exceptions for abortion, medical care and any act by the woman.

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.

(ENACTED) TENNESSEE: In June, Gov. Bill Haslam (R) signed into law a measure that expands the state’s fetal homicide statute to apply throughout pregnancy. Current law applies only to viable fetuses. The law is in effect.

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HIV Testing of Infants and Pregnant Women

Introduced in 6 states

Bill Status:

Enacted in ME and OK

(ENACTED) MAINE: In June, Gov. Paul LaPage (R) signed into law a measure that includes HIV screening of pregnant women in the routine panel of prenatal tests, unless the woman declines. The bill also mandates that a provider perform an HIV test on an infant born to a mother who has not been tested for HIV, unless a parent refuses the test on the basis of religious beliefs. The law goes into effect in September.

(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

Click here for current status of state policy

Introduced in 8 states

Bill Status:

Enacted in NV

(ENACTED) NEVADA: In June, Gov. Brian Sandoval (R) signed into law a measure that amends the state’s safe haven law. The bill requires the recipient of a relinquished infant to also report the event to law enforcement. Current law requires only notification of child services. The measure also mandates that law enforcement determine whether the infant has been reported missing. The law goes into effect in July.

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Infertility Coverage

Introduced in 12 states

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Non-Medical Use of Ultrasound

Introduced in 1 state

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Stillbirth Certificates

Introduced in 9 states

Bill Status:

Enacted in AL, NY, NC and PA

(ENACTED) ALABAMA: In June, Gov. Robert Bentley (R) signed into law a measure allowing a parent who loses a fetus after 20 weeks’ gestation to obtain a certificate of birth resulting in a stillbirth. The law goes into effect in September.

(ENACTED) NEW YORK: In September, Gov. Andrew Cuomo (D) signed a measure that allows a parent who loses a fetus after 20 weeks’ gestation to obtain a certificate of birth resulting in a stillbirth. The law goes into effect in March 2012.

(ENACTED) NORTH CAROLINA: In June, Gov. Beverly Perdue (D) signed into law a measure allowing a parent who loses a fetus after 20 weeks’ gestation to obtain a certificate of birth resulting in a stillbirth. The law, which passed the legislature in June, goes into effect in October.

(ENACTED) In July, Gov. Tom Corbett (R) signed into law a measure that allows a parent who loses a fetus to obtain a certificate of birth resulting in stillbirth. The bill goes into effect in September.

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Substance Abuse During Pregnancy

Click here for current status of state policy

Introduced in 16 states and the District of Columbia

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

(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) vetoed a 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

Click here for current status of state policy

Health Professionals

Introduced in 10 states

Bill Status:

Passed at least one chamber in KY and LA

Enacted in UT

ARIZONA: In August, a state appeals court reversed the district court’s decision to temporarily block provisions of a 2009 omnibus abortion law. The appeals court held that the provision that permits a hospital, pharmacy or medical provider or its employees to refuse to participate in an abortion is not an undue burden on a woman seeking an abortion. Using similar reasoning, the appeals court reversed the order to block enforcement of provisions related to parental consent, in-person counseling and physician-only requirements. The laws went into effect in September.

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.

LOUISIANA: In May, the House approved a measure that would roll back patient protections in cases where a health care provider’s refusal to participate in an abortion would impede an individual’s access to the service. The measure also expands abortion counseling requirements and requires clinics to post signs on coerced 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 Status:

Passed at least one chamber in MO

ARIZONA: In August, a state appeals court reversed the district court’s decision to temporarily block provisions of a 2009 omnibus abortion law. The appeals court held that the provision that permits a hospital, pharmacy or medical provider or its employees to refuse to participate in an abortion is not an undue burden on a woman seeking an abortion. Using similar reasoning, the appeals court reversed the order to block enforcement of provisions related to parental consent, in-person counseling and physician-only requirements. The laws went into effect in September.

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 also includes provisions on hospital privileges for providers, physicians’ liability and medication abortion. No further action is expected since the legislature has adjourned its regular session.

 

Allowing Facilities to Refuse

Introduced in 7 states

Bill Status:

Enacted in UT

ARIZONA: In August, a state appeals court reversed the district court’s decision to temporarily block provisions of a 2009 omnibus abortion law. The appeals court held that the provision that permits a hospital, pharmacy or medical provider or its employees to refuse to participate in an abortion is not an undue burden on a woman seeking an abortion. Using similar reasoning, the appeals court reversed the order to block enforcement of provisions related to parental consent, in-person counseling and physician-only requirements. The laws went into effect in September.

(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

Click here for current status of state policy

Health Professionals

Introduced in 4 states

ARIZONA: In August, a state appeals court reversed the district court’s decision to temporarily block provisions of a 2009 omnibus abortion law. The appeals court held that the provision that permits a hospital, pharmacy, or medical provider or its employees to refuse to provide contraceptive services is constitutional because the right to an abortion or contraception does not require a private person or institution to facility to provide either service. Holding that there is no undue burden justification, the appeals court reversed the order to block enforcement of provisions related to parental consent, in-person counseling and physician-only requirements. The laws went into effect in September..

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

ARIZONA: In August, a state appeals court reversed the district court’s decision to temporarily block provisions of a 2009 omnibus abortion law. The appeals court held that the provision that permits a hospital, pharmacy, or medical provider or its employees to refuse to provide contraceptive services is constitutional because the right to an abortion or contraception does not require a private person or institution to facility to provide either service. Holding that there is no undue burden justification, the appeals court reversed the order to block enforcement of provisions related to parental consent, in-person counseling and physician-only requirements. The laws went into effect in September.

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 also includes provisions on hospital privileges for providers, physicians’ liability and medication abortion. No further action is expected since the legislature has adjourned its regular session.

 

Allowing Facilities to Refuse

Introduced in 3 states

ARIZONA: In August, a state appeals court reversed the district court’s decision to temporarily block provisions of a 2009 omnibus abortion law. The appeals court held that the provision that permits a hospital, pharmacy, or medical provider or its employees to refuse to provide contraceptive services is constitutional because the right to an abortion or contraception does not require a private person or institution to facility to provide either service. Holding that there is no undue burden justification, the appeals court reversed the order to block enforcement of provisions related to parental consent, in-person counseling and physician-only requirements. The laws went into effect in September.

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General Medical Care

Click here for current status of state policy

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 26 states

Bill Status:

Passed at least one chamber in IA, NY and OR

Enacted in CA, CT, DE and MD

(ENACTED) CALIFORNIA: In October, Gov. Jerry Brown (D) signed a measure that bans the use of BPA in reusable bottles and cups for children younger than four. The law goes into effect in July 2013.

(ENACTED) CONNECTICUT: In June, a bill that prohibits the sale of thermal receipt paper or cash register receipt paper that contains BPA, was enacted without the signature of Gov. Dan Malloy (D). The law goes into effect in October 2013.

(ENACTED) DELAWARE: In June, Gov. Jack Markell (D) signed a bill that prohibits the sale of reusable food containers, such as sippy cups, that are designed to be used by children younger than four years of age that contain BPA. The law goes into effect in January 2012.

IOWA: In March, the Senate adopted a measure that would ban the use of BPA in pacifiers and reusable beverage containers designed for children aged three and younger. No further action is expected since the legislature has adjourned its regular session.

(ENACTED) MARYLAND: In May, Gov. Martin O’Malley (D) signed a measure that bans the use of BPA in reusable beverage and food containers designed for children younger than four. The bill also virtually bans BPA from infant formula. The bill passed the legislature in March and goes into effect in June.

NEW YORK: In May, the Assembly adopted a measure that would amend the law that requires state government agencies to purchase goods and services that have the least impact on the environment. The bill would require that agencies take into consideration whether the product could expose employees or the public to “priority toxic substances of concern” which include dioxin, flame retardants and Bisphenol A.

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

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Dioxin

Introduced in 2 states

Bill Status:

Passed at least one chamber in NY

NEW YORK: In May, the Assembly adopted a measure that would amend the law that requires state government agencies to purchase goods and services that have the least impact on the environment. The bill would require that agencies take into consideration whether the product could expose employees or the public to “priority toxic substances of concern” which include dioxin, flame retardants and Bisphenol A.

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Flame Retardants

Introduced in 8 states

Bill Status:

Passed at least one chamber in NY

Enacted in MD

(ENACTED) MARYLAND: In May, Gov. Martin O’Malley (D) signed a measure that sharply curtails the use of a widely used flame retardant (decabrominated diphenyl ether or decaDBE) in products manufactured, leased, sold or distributed in the state. The ban will be fully in place by 2014. The bill went into effect in May. 

NEW YORK: In May, the Assembly adopted a measure that bans the use of a widely used flame retardant (decabrominated diphenyl ether or decaDBE) in products manufactured and sold in the state. The ban does not apply to products that have transportation and military uses. The bill is awaiting action in the Senate.

NEW YORK: In May, the Assembly adopted a measure that would amend the law that requires state government agencies to purchase goods and services that have the least impact on the environment. The bill would require that agencies take into consideration whether the product could expose employees or the public to “priority toxic substances of concern” which include dioxin, flame retardants and Bisphenol A.

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Lead

Introduced in 15 states

Bill Status:

Passed at least one chamber in CO, IL and OR

Enacted in ME

Vetoed in NE

COLORADO: In May, the Senate adopted a measure that would bolster recycling of electronic waste, such as computers, DVD players and televisions. Specifically targeted in the bill is proper disposal of mercury and lead. The bill would establish a system for state oversight of entities that collect, dispose and recycle electronic waste. No further action is expected since the legislature has adjourned its regular session.

ILLINOIS: In May, the legislature adopted the final version of 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 by Gov. Pat Quinn.

(ENACTED) MAINE: In May, Gov. Paul LePage (R) signed a measure that allows some Head Start and health care facilities that dispense WIC benefits to provide screening for lead levels. The measure passed the legislature in May and goes into effect in June.

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.

OREGON: In May, the Senate adopted a measure that would severely curtail the amount of lead and mercury that can be used in brake friction fluid for vehicles. No further action is expected since the legislature has adjourned its regular session.

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Mercury

Introduced in 22 states

Bill Status:

Passed at least one chamber in CO, CT, NY, OR and TX

Enacted in IL, NY and VT

COLORADO: In May, the Senate adopted a measure that would bolster recycling of electronic waste, such as computers, DVD players and televisions. Specifically targeted in the bill is proper disposal of mercury and lead. The bill would establish a system for state oversight of entities that collect, dispose and recycle electronic waste. No further action is expected since the legislature has adjourned its regular session.

CONNECTICUT: In May, the Senate adopted a measure that requires any program by a wholesaler to collect mercury containing thermostats to accept any thermostat that is brought in by a member of the public. No further action is expected since the legislature has adjourned its regular session.

ILLINOIS: In August, Gov. Pat Quinn (D) signed a measure that adds pressure transducers, seals, rings and sensors to the list of items that cannot contain mercury. The law goes into effect in July 2012.

ILLINOIS: In August, Gov. Pat Quinn (D) signed a measure that amends the state’s electronic waste recycling and disposal law. Electronic devices covered by the bill include computers, DVD players and televisions. The measure requires that in 2012, manufacturers of electronic devices must recycle or reuse at least 40% of the total weight of electronic devices sold in 2010. For 2013 and beyond, at least 50% of the total weight of electronic devices sold two years prior must be recycled or reused.

NEW YORK: In June, the legislature adopted a measure that would establish a new process for the approval of electricity-generating facilities. Those seeking to build a new facility would have to conduct an impact analysis on air quality for the area around the proposed site, including an analysis of mercury levels. The bill is awaiting action by Gov. Andrew Cuomo (D).

(ENACTED) NEW YORK: In May, Gov. Andrew Cuomo (D) signed a bill that prohibits the sale of certain mercury-containing products, such as thermostats and thermometers. The bill removed a provision that had allowed the sale of mercury-containing products when an alternative nonmercury-containing product was not available. The bill passed the legislature in May.

OREGON: In May, the Senate adopted a measure that would severely curtail the amount of lead and mercury that can be used in brake friction fluid for vehicles. No further action is expected since the legislature has adjourned its regular session.

TEXAS: In May, the House adopted a measure that would require recycling of any mercury containing thermostat that is removed and no longer in service. The bill would also require any manufacturer of mercury containing thermostats to accept used thermostats for recycling. No further action is expected since the legislature has adjourned its regular session.

(ENACTED) VERMONT: In May, Gov. Peter Shumlin (D) signed a measure that prohibits the sale of mercury containing light bulbs, unless the light bulb manufacturer has a collection and recycling plan in place. The bill passed the legislature in May and goes into effect in July 2012.

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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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