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
Clinic Regulation
Hospital Privilege Requirements
Targeted Regulation of Abortion Providers
Crisis Pregnancy Centers
Insurance Coverage
Later Term Abortion
Abortion After Specific Gestational Age
Mandatory Counseling and Waiting Periods
Mandatory Counseling and Waiting Periods
Parental Involvement
Physicians
Prohibiting Coercing a Woman into Having an Abortion
Protecting Access
Ensuring Legal Access to Abortion
Reporting Requirements
State Employee and Facility Participation in Abortion
Tax Credit Excludes Organizations That Provide Abortion Services
Adolescents
Contraception & Prevention
Abortion-Related Restrictions on State and Family Planning Funds
Budget Bills: Family Planning Line Items
Emergency Contraception
Insurance Coverage
Pregnancy & Birth
Refusal Clauses
Reproductive Health and Environmental Hazards
ABORTION
Abortion Bans to Replace Roe
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Introduced in 12 states
Abortion Clinic Regulation
Requiring Abortion Providers to Have Hospital Privileges
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Introduced in 7 states
Targeted Regulation of Abortion Providers
Introduced in 9 states
Crisis Pregnancy Centers
Click here for current status of state policy on 'Choose Life' License Plate laws
Introduced in 6 states
Regulation of Crisis Pregnancy Centers
Introduced in 7 states
State Funding of Alternatives-to-Abortion Services
Introduced in 1 state
Insurance Coverage of Abortion
Abortion Coverage in Health Plans Offered Through Health Exchanges
Click here for current status of state policy
Introduced in 11 states (These bills may overlap with bills in Private Insurance Coverage.)
Private Insurance Coverage of Abortion
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Introduced in 7 states
Public Funding of Abortion for Low-Income Women
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Introduced in 9 states
Later Term Abortion
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Introduced in 4 states
Click here for current status of state policy
Introduced in 3 states
Restricts Abortion After Specific Gestational Age
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Introduced in 10 states
Mandatory Counseling and Waiting Periods Before Abortion
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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
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
Medication Abortion
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Introduced in 8 states
Parental Involvement in Minor's Abortions
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Introduced in 4 states
Parental Notification Requirements
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Introduced in 9 states
Physicians
Introduced in 6 states
Physician-Only Requirements for Surgical and Medication Abortion
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Introduced in 7 states
Prohibiting Coercing a Woman into Having an Abortion
Introduced in 3 states
Protecting Access
Click here for current status of state policy
Introduced in 1 state
Ensuring Legal Access to Abortion
Click here for current status of state policy
Introduced in 4 states
Reporting Requirements
Click here for current status of state policy
Introduced in 13 states
Introduced in 3 states
Self-Induced Abortion
Introduced in 1 state
Sex and Race Selection
Introduced in 6 states
State Employee and Facility Participation in Abortion
Introduced in 1 state
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.
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.)
ADOLESCENTS
Minors Access to Reproductive Healthcare
Click here for current status of state policy
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.
Sex Education
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Introduced in 23 states
Statutory Rape Reporting
Introduced in 5 states
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.
Budget Bills: Family Planning Line Items
Introduced in 9 states
Definitions of Contraception
Introduced in 1 state
Emergency Contraception
Allowing Pharmacists to Provide Emergency Contraception without a Prescription
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Introduced in 0 states
Emergency Contraception Services for Sexual Assault Victims
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Introduced in 8 states
Restricting Access to Emergency Contraception
Introduced in 0 states
Insurance Coverage
Click here for current status of state policy
Introduced in 6 states
HPV Tests and Vaccine Coverage
Introduced in 2 states
Medicaid Family Planning Eligibility Expansions
click here for current status of state policy
Introduced in 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.
Parental Involvement Requirements for Minors Seeking Contraceptive Services
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Introduced in 1 state
Partner Treatment for Sexually Transmitted Infections
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Introduced in 0 states
Pharmacy or Pharmacist Requirements to Dispense Contraception
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Introduced in 6 states
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.
HIV Testing of Infants and Pregnant Women
Introduced in 2 states
Infant Abandonment
Click here for current status of state policy
Introduced in 8 states
Infertility Coverage
Introduced in 8 states
Non-Medical Use of Ultrasound
Introduced in 0 states
Stillbirth Certificates
Introduced in 4 states
Substance Abuse During Pregnancy
Click here for current status of state policy
Introduced in 12 states
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
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
General Medical Care
Click here for current status of state policy
Health Professionals
Introduced in 2 states
Insurers
Introduced in 0 states
Pharmacists or Pharmacies
Introduced in 2 states
Facilities
Introduced in 1 state
REPRODUCTIVE HEALTH AND ENVIRONMENTAL HAZARDS
Bisphenol A (BPA)
Introduced in 17 states
Dioxin
Introduced in 1 state
Flame Retardants
Introduced in 6 states
Lead
Introduced in 8 states
Mercury
Introduced in 13 states
Parabens
Introduced in 0 states
Pesticides
Introduced in 3 states
Phthalates
Introduced in 3 states