Advancing Sexual and Reproductive Health and Rights
 

Monthly State Update:
MAJOR DEVELOPMENTS IN 2013

(as of 02/01/2013)

 

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

 

For a state-by-state chart of legislation enacted in 2013, 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 9 states

Bill Status:

Passed at least one chamber in AR

 

ARKANSAS: In January, the Senate passed a measure that would ban abortion if a fetal heartbeat is detected. The bill would require the provider to determine if there is a fetal heartbeat. If one is detected, the provider would have to counsel the woman on “the statistical probability of bringing the unborn human individual to term.” The bill contains exceptions in cases of life endangerment, rape and incest. The measure is awaiting action in the House.

 

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Abortion Clinic Regulation

Requiring All or Some Abortion Providers to Have Hospital Privileges

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Introduced in 2 states

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Targeted Regulation of Abortion Providers

Introduced in 3 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 1 state

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Regulation of Crisis Pregnancy Centers

Introduced in 3 states

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State Funding of Alternatives-to-Abortion Services

Introduced in 0 states

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Insurance Coverage of Abortion

Abortion Coverage in Health Plans Offered Through Health Exchanges

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Introduced in 7 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 3 states

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Public Funding of Abortion for Low-Income Women

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Introduced in 4 states

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Requiring Abortion Coverage

Introduced in 2 states

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Later Term Abortion

'Partial-Birth' Abortion

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Introduced in 1 state

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'Postviability' Abortion

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Introduced in 2 states

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Restricts Abortion After Specific Gestational Age

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Introduced in 6 states

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Mandatory Counseling and Waiting Periods Before Abortion

State-Directed Counseling

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Introduced in 2 states

Including:

Information that the fetus can feel pain- 0 states

Information that the fetus is a person- 0 states

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Requirements for State-Directed Counseling Followed by a Waiting Period

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Introduced in 7 states

Including:

Requiring a woman to make two trips to the clinic- 5 states

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Medication Abortion

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Introduced in 5 states

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Parental Involvement in Minor's Abortions

Parental Consent Requirements

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Introduced in 0 states

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Parental Notification Requirements

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Introduced in 6 states

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Physicians

Physician Liability

Introduced in 2 states

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Physician-Only Requirements for Surgical and Medication Abortion

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Introduced in 4 states

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Prohibiting Coercing a Woman into Having an Abortion

Introduced in 1 state

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Protecting Access

Clinic Access

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Introduced in 0 states

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Ensuring Legal Access to Abortion

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Introduced in 1 state

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Reporting Requirements

Abortion Reporting

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Introduced in 7 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 9 states

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State Employee and Facility Participation in Abortion

Introduced in 2 states

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Tax Credit Program Excludes Organizations That Provide Abortion Services

Introduced in 0 states

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Training in Abortion Services

Introduced in 3 states

Limits Training- 2 states

Requires Training- 1 state

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Ultrasound Requirements

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Introduced in 9 states

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ADOLESCENTS

Minors Access to Reproductive Healthcare

Click here for current status of state policy

Introduced in 4 states

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Sex Education

Click here for current status of state policy

Introduced in 15 states

Bill Status:

Enacted in IL

(ENACTED) ILLINOIS: In January, Gov. Pat Quinn (D) signed legislation that requires child sexual abuse prevention to be included as part of health education from pre-kindergarten through high school.

 

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Statutory Rape Reporting

Introduced in 1 state

Bill Status:

Passed at least one chamber in MS

 

MISSISSIPPI: In January, the House passed a measure that would require a medical provider to keep a cord blood sample from an infant delivered by a minor younger than 16 for legal authorities when statutory rape is suspected. The bill would also require a health care facility to keep cord blood or fetal tissue samples from deliveries performed on minors who may be victims of sex crimes.  (State law requires a tissue sample be sent to legal authorities when a minor younger than 14 obtains an abortion.) The bill is awaiting action in the Senate.

 

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CONTRACEPTION & PREVENTION

Abortion-Related Restrictions on State and Family Planning Funds

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Introduced in 4 states

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Budget Bills: Family Planning Line Items

Introduced in 5 states

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Definitions of Contraception

Introduced in 2 states

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Emergency Contraception

Allowing Pharmacists to Provide Emergency Contraception without a Prescription

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Introduced in 2 states

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Emergency Contraception Services for Sexual Assault Victims

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Introduced in 3 states

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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 1 state

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HPV Tests and Vaccine Coverage

Introduced in 1 state

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Medicaid Family Planning Eligibility Expansions

click here for current status of state policy

Introduced in 3 states

 

TEXAS: In January, a state court judge refused to halt implementation of a state-run family planning program that prohibits participation by organizations that perform abortions. Until the end of 2012, the program had been funded by state and federal Medicaid funds; the federal Centers for Medicaid and Medicare Services terminated the joint federal-state effort after the state excluded abortion providers.

 

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Parental Involvement Requirements for Minors Seeking Contraceptive Services

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Introduced in 0 states

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Partner Treatment for Sexually Transmitted Infections

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Introduced in 3 states

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Pharmacy or Pharmacist Requirements to Dispense Contraception

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Introduced in 4 states

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PREGNANCY & BIRTH

Fetal and Pregnant Woman Assault

Introduced in 8 states

Bill Status:

Passed at least one chamber in MT

 

MONTANA: In January, the House passed a measure that would consider a fetus at any point in gestation to be a victim of homicide. The bill includes exceptions for legal abortion, medical treatment for the pregnant woman or any action of the pregnant woman. 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 2 states

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Infertility Coverage

Introduced in 3 states

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Non-Medical Use of Ultrasound

Introduced in 0 states

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Stillbirth Certificates

Introduced in 7 states

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Substance Abuse During Pregnancy

Click here for current status of state policy

Introduced in 10 states

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REFUSAL CLAUSES

Abortion Services

Click here for current status of state policy

Facilities

Introduced in 5 states

 

Health Professionals

Introduced in 6 states

 

Insurers

Introduced in 2 states

 

Pharmacists or Pharmacies

Introduced in 6 states

 

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Contraceptive Services

Click here for current status of state policy

Facilities

Introduced in 5 states

 

Health Professionals

Introduced in 5 states

 

Insurers

Introduced in 2 states

 

Pharmacies or Pharmacists

Introduced in 5 states

 

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General Medical Care

Click here for current status of state policy

Facilities

Introduced in 4 states

 

Health Professionals

Introduced in 4 states

 

Insurers

Introduced in 2 states

 

Pharmacists or Pharmacies

Introduced in 4 states

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REPRODUCTIVE HEALTH AND ENVIRONMENTAL HAZARDS

Bisphenol A (BPA)

Introduced in 8 states

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Dioxin

Introduced in 0 states

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Flame Retardants

Introduced in 5 states

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Lead

Introduced in 7 states

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Mercury

Introduced in 9 states

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Parabens

Introduced in 0 states

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Pesticides

Introduced in 3 states

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Phthalates

Introduced in 4 states

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