Advancing Sexual and Reproductive Health and Rights
 

Monthly State Update:
MAJOR DEVELOPMENTS IN 2012

(as of 02/01/2012)

This update provides information on legislation, as well as relevant executive branch actions and judicial decisions in states across the country. For each of the topics listed below, the number of states in which legislation has been introduced is given, as are the names of the states in which subsequent action has been taken. Detailed summaries are provided for legislation that has been passed by at least one house of a legislature and for major court decisions; actions for the current month are in bold. For an archive of previous monthly updates, click here.  

As of the beginning of February, legislatures in 39 states (AK, AZ, CA, CO, DE, FL, GA, HI, ID, IL, IN, IA, KS, KY, ME, MD, MA, MI, MN, MS, MO, NE, NH, NJ, NM, NY, OH, OR, PA, RI, SC, SD, TN, UT, VT, VA, WA, WV and WI) and the District of Columbia were in regular session. Seven states (AL, AR, CT, LA, NC, OK and WY) have not yet convened their regular sessions. Four state legislatures (MT, NV, ND, and TX) will not meet in regular session in 2012.

 

Abortion

Adolescents

Contraception & Prevention

Pregnancy & Birth

Refusal Clauses

Reproductive Health and Environmental Hazards

 

ABORTION

Abortion Bans to Replace Roe

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Introduced in 12 states

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Abortion Clinic Regulation

Requiring Abortion Providers to Have Hospital Privileges

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Introduced in 7 states

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Targeted Regulation of Abortion Providers

Introduced in 9 states

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Crisis Pregnancy Centers

''Choose Life' License Plates

Click here for current status of state policy on 'Choose Life' License Plate laws

Introduced in 6 states

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Regulation of Crisis Pregnancy Centers

Introduced in 7 states

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State Funding of Alternatives-to-Abortion Services

Introduced in 1 state

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Insurance Coverage of Abortion

Abortion Coverage in Health Plans Offered Through Health Exchanges

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Introduced in 11 states (These bills may overlap with bills in Private Insurance Coverage.)

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Private Insurance Coverage of Abortion

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Introduced in 7 states

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Public Funding of Abortion for Low-Income Women

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Introduced in 9 states

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Later Term Abortion

'Partial-Birth' Abortion

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Introduced in 4 states

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'Postviability' Abortion

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Introduced in 3 states

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Restricts Abortion After Specific Gestational Age

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Introduced in 10 states

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Mandatory Counseling and Waiting Periods Before Abortion

State-Directed Counseling

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Introduced in 10 states

Including:

Information that the fetus can feel pain- 1 state

Information that the fetus is a person- 2 states

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Requirements for State-Directed Counseling Followed by a Waiting Period

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Introduced in 9 states

Including:

Requiring a woman to make two trips to the clinic- 6 states

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Medication Abortion

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Introduced in 8 states

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Parental Involvement in Minor's Abortions

Parental Consent Requirements

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Introduced in 4 states

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Parental Notification Requirements

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Introduced in 9 states

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Physicians

Physician Liability

Introduced in 6 states

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Physician-Only Requirements for Surgical and Medication Abortion

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Introduced in 7 states

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Prohibiting Coercing a Woman into Having an Abortion

Introduced in 3 states

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Protecting Access

Clinic Access

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Introduced in 1 state

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Ensuring Legal Access to Abortion

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Introduced in 4 states

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Reporting Requirements

Abortion Reporting

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Introduced in 13 states

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Minors Reporting

Introduced in 3 states

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Self-Induced Abortion

Introduced in 1 state

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Sex and Race Selection

Introduced in 6 states

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State Employee and Facility Participation in Abortion

Introduced in 1 state

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Tax Credit Program Excludes Organizations That Provide Abortion Services

Introduced in 1 state

ARIZONA: In January, the state agreed not to enforce a provision that 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 state’s move is in line with a U.S. District Court judge’s decision to block the tax credit provision from going into effect on the grounds that the law violates constitutionally protected free speech rights.

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Ultrasound Requirements

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Introduced in 11 states

TEXAS: In January, a three-judge panel of the U.S. Fifth Circuit Court of Appeals reversed a decision by a U.S. District Court judge that 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. The panel held that the required provisions do not constitute forced speech, which is a violation of the First Amendment. The panel also overruled the District Court’s decision to block a provision that requires abortion counseling to be conducted by the abortion provider on the grounds that the language was unconstitutionally vague.  (In early February, a U.S. District Court judge allowed the law to go into effect.)

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ADOLESCENTS

Minors Access to Reproductive Healthcare

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Introduced in 5 states

Bill Status:

Passed at least one chamber in VA

VIRGINIA: In January, the House passed a measure that would eliminate the requirement that girls receive the HPV vaccination in order to attend middle school. The bill is awaiting action in the Senate.

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Sex Education

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Introduced in 23 states

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Statutory Rape Reporting

Introduced in 5 states

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CONTRACEPTION & PREVENTION

Abortion-Related Restrictions on State and Family Planning Funds

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Introduced in 8 states

Bill Status:

Passed at least one chamber in NH

NEW HAMPSHIRE: In January, the House passed a measure that would establish a four-tiered priority system for the allocation of family planning funds that excludes family planning clinics from eligibility. Under this system, public health organizations would have the highest priority, followed by nonpublic hospitals, federally qualified health centers, rural health clinics and finally, private medical organizations that focus on primary health services. The bill would also prohibit allocating funds to organizations that perform elective abortions or run facilities that perform elective abortions. The bill is awaiting action in the Senate.

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Budget Bills: Family Planning Line Items

Introduced in 9 states

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Definitions of Contraception

Introduced in 1 state

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Emergency Contraception

Allowing Pharmacists to Provide Emergency Contraception without a Prescription

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Introduced in 0 states

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Emergency Contraception Services for Sexual Assault Victims

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Introduced in 8 states

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Restricting Access to Emergency Contraception

Introduced in 0 states

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Insurance Coverage

Contraceptive Coverage

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Introduced in 6 states

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HPV Tests and Vaccine Coverage

Introduced in 2 states

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Medicaid Family Planning Eligibility Expansions

click here for current status of state policy

Introduced in 6 states

Bill Status:

Passed at least one chamber in IN and VT

INDIANA: In January, the House passed a measure that would require the state to apply for a state plan amendment to expand Medicaid family planning services. Individuals would be eligible for services if their income is at 133% or below of the federal poverty level. The bill is awaiting action in the Senate.

VERMONT: In January, the House passed the state’s budget bill, which would require the Commissioner of Vermont Health Access to prepare rules and procedures for the adoption of a state plan amendment for family planning services. The state is currently seeking a state plan amendment through regulatory process. The bill is awaiting action in the Senate.

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Parental Involvement Requirements for Minors Seeking Contraceptive Services

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Introduced in 1 state

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Partner Treatment for Sexually Transmitted Infections

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Introduced in 0 states

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Pharmacy or Pharmacist Requirements to Dispense Contraception

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Introduced in 6 states

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PREGNANCY & BIRTH

Fetal and Pregnant Woman Assault

Introduced in 10 states

Bill Status:

Passed at least one chamber in NH

NEW HAMPSHIRE: In January, the House passed a measure that would consider a fetus at 24 weeks “of gestation” as a victim of homicide.  The bill would not permit prosecution in cases of medical treatment provided with the consent of the woman or her guardian. The bill is awaiting action in the Senate.

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HIV Testing of Infants and Pregnant Women

Introduced in 2 states

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Infant Abandonment

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Introduced in 8 states

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Infertility Coverage

Introduced in 8 states

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Non-Medical Use of Ultrasound

Introduced in 0 states

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Stillbirth Certificates

Introduced in 4 states

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Substance Abuse During Pregnancy

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Introduced in 12 states

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REFUSAL CLAUSES

Abortion Services

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Health Professionals

Introduced in 8 states

 

Allowing Insurers to Refuse

Introduced in 1 state

 

Allowing Pharmacists or Pharmacies to Refuse

Introduced in 7 states

 

Allowing Facilities to Refuse

Introduced in 6 states

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Contraceptive Services

Click here for current status of state policy

Health Professionals

Introduced in 6 states

 

Allowing Insurers to Refuse

Introduced in 0 states

 

Allowing Pharmacies or Pharmacists to Refuse

Introduced in 5 states

 

Allowing Facilities to Refuse

Introduced in 4 states

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General Medical Care

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Health Professionals

Introduced in 2 states

 

Insurers

Introduced in 0 states

 

Pharmacists or Pharmacies

Introduced in 2 states

 

Facilities

Introduced in 1 state

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REPRODUCTIVE HEALTH AND ENVIRONMENTAL HAZARDS

Bisphenol A (BPA)

Introduced in 17 states

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Dioxin

Introduced in 1 state

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Flame Retardants

Introduced in 6 states

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Lead

Introduced in 8 states

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Mercury

Introduced in 13 states

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Parabens

Introduced in 0 states

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Pesticides

Introduced in 3 states

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Phthalates

Introduced in 3 states

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