Advancing Sexual and Reproductive Health and Rights
 

Monthly State Update:
MAJOR DEVELOPMENTS IN 2013

(as of 07/01/2013)

 

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 July, legislatures in 12 states (CA, MA, MI, NJ, NY, NC, OH, OR, PA, RI, TX and WI) and the District of Columbia were in regular or special session. Thirty-eight state legislatures (AL, AK, AZ, AR, CO, CT, DE, FL, GA, HI, ID, IL, IN, IA, KS, KY, LA, ME, MD, MN, MS, MO, MT, NE, NV, NH, NM, ND, OK, SC, SD, TN, UT, VT, VA, WA, WV and WY) have adjourned 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 17 states

Bill Status:

Passed at least one chamber in MT

Enacted in AR and ND

 

ARKANSAS: In May, a U.S. district court judge temporarily blocked enforcement of a recently enacted provision that would have banned abortions occurring after 12 weeks of a woman’s last menstrual period. The law will remain unenforced until the court case is resolved.

MONTANA: In April, the House approved a measure that would have placed a proposal on the 2014 ballot to add an amendment to the state’s constitution establishing that no constitutional right to abortion exists in Montana. The measure, which also would have established that the state constitution does not require state funding for abortion, died in the Senate.

(ENACTED) NORTH DAKOTA: In March, Gov. Jack Dalrymple (R) signed into law a measure that would ban abortion after a fetal heartbeat is detected, which is generally at six weeks after the woman’s last menstrual period. If a heartbeat is detected, the woman would be required to undergo counseling on “the statistical probability of bringing the unborn human individual to term.” The bill contains an exception for cases of life endangerment or risk of “substantial and irreversible impairment” of the woman’s health. The measure is scheduled to go into effect in August.

NORTH DAKOTA: In March, the House defeated a measure that would ban abortion by defining “human being” as “an individual member of the species homo sapiens at every stage of development.” The measure would have also waived this definition in cases of life endangerment.

(ENACTED) NORTH DAKOTA: In March, the legislature approved a resolution that will place an initiative on the November 2014 ballot to define a person as a “human being at any stage of development.” If approved by the voters, it could restrict women’s access to birth control and abortion services.

 

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Abortion Clinic Regulation

Requiring All or Some Abortion Providers to Have Hospital Privileges or a Transfer Agreement with a Hospital

Click here for current status of state policy

Introduced in 9 states

Bill Status:

Passed at least one chamber in TX and WI

Enacted in AL, ND and OH

ALABAMA: In June, a federal district court judge blocked enforcement of a provision that would require an abortion provider to have admitting privileges at a hospital close to the facility after determining that the law would “impose a substantial obstacle to a woman’s right to choose abortion.” The law will remain blocked during the court case.

MISSISSIPPI: In April, a U.S. district court judge temporarily blocked enforcement of a provision that would have required abortion providers to have admitting privileges at a local hospital. The court’s order found that the law may be considered an undue burden on a woman seeking an abortion. The law will remain unenforced during the court case.

(ENACTED) NORTH DAKOTA: In March, Gov. Jack Dalrymple (R) signed into law a measure that requires abortion providers to have admitting privileges and staff privileges at a hospital within 30 miles of the abortion facility. The new law is scheduled to go into effect in August.

(ENACTED) OHIO: In June, Gov. John Kasich (R) signed the state’s budget bill, which includes a provision that prohibits public hospitals from entering into transfer agreements with an abortion provider. Existing law requires an abortion provider to have an agreement with a hospital that allows for the transfer of a patient in an emergency. This provision affects hospitals that are operated by the state or a city or county, including state university hospitals.

TEXAS: In June, the House passed an omnibus abortion measure, which includes a provision that would require abortion providers to have admitting privileges at a local hospital that provides obstetric and gynecologic care. The bill, which also includes provisions on clinic regulations, limits on abortion at 20 weeks postfertilization, and limits on medication abortion, was not approved by the Senate before the end of a special session.

WISCONSIN: In June, the legislature adopted a measure that would require an abortion provider to have admitting privileges at a hospital close to the facility. The bill, which also requires a woman to undergo an ultrasound before an abortion, is awaiting action by Gov. Scott Walker (R). (The bill was signed in early July.)

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Targeted Regulation of Abortion Providers

Click here for current status of state policy

Introduced in 9 states

Bill Status:

Passed at least one chamber in MN and TX

Enacted in AL and IN

(ENACTED) ALABAMA: In April, Gov. Robert Bentley (R) signed legislation that requires the state to revise its abortion clinic regulations to require that abortion providers meet the standards for fire safety. The enacted bill, which also includes provisions related to hospital privileges for abortion providers, medication abortion, physician-only requirements and statutory rape reporting, is scheduled to go into effect in July.

(ENACTED) INDIANA: In May, Gov. Mike Pence approved an omnibus abortion measure that requires medication abortion providers to meet the same building code and licensing standards as those required for surgical abortion facilities. The measure, which also includes provisions on medication abortion, ultrasound and physician-only requirements, goes into effect in July.

MINNESOTA: In April, the House passed an omnibus reproductive health measure that would require abortion providers that perform at least 10 abortions a month to be licensed as ambulatory surgical facilities. Later in the month, this provision, along with another provision on abortion coverage in the exchange that will established under the federal health care reform law, was struck from the bill by the Senate. The bill, which now contains only funding levels for family planning services, is awaiting action in a conference committee.

TEXAS: In June, the House passed an omnibus abortion measure that includes a provision that would require the state to revise its abortion clinic regulations to require that abortion providers meet the standards for ambulatory surgical centers. The bill, which also includes provisions on hospital admitting privileges for abortion providers, limits on abortion at 20 weeks postfertilization, and limits on medication abortion, was not approved by the Senate before the end of a special session.

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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 4 states

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Regulation of Crisis Pregnancy Centers

Introduced in 6 states

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State Funding of Alternatives-to-Abortion Services

Introduced in 6 states

Bill Status:

Enacted in KS, MI, MO, OH, PA and TX

(ENACTED) KANSAS: In June, Gov. Sam Brownback (R) signed into law a measure that allocates more than $300,000 to services that promote childbirth. The new law, which also allocates funding for family planning services and reenacts a priority-based system for distributing that funding, is in effect.

(ENACTED) MICHIGAN: In June, Gov. Rick Snyder (R) signed a budget bill that allocates $700,000 to programs to promote childbirth and adoption. The new law, which also restricts family planning funds and contains funding levels for family planning, is in effect.

MICHIGAN: In May, the Senate passed a measure that would allocate $700,000 to programs to promote childbirth and adoption. The bill also restricts family planning funds and specifies funding levels for family planning. No further action is expected since the legislature adopted a different budget bill.

(ENACTED) MISSOURI: In June, Gov. Jay Nixon (D) signed into law an appropriations bill that allocates more than $1.6 million for alternatives-to-abortion services for pregnant women. The law is in effect.

(ENACTED) OHIO: In June, Gov. John Kasich (R) signed the state’s budget bill, which includes a provision that allows the state to allocate monies to alternatives-to-abortion programs. The provision went into effect in July.

(ENACTED)PENNSYLVANIA: In June, Gov. Tom Corbett (R) signed a budget bill that allocates $1 million to programs to promote alternatives to abortion. The bill also allocates funding for family planning services.

(ENACTED) TEXAS: In June, Gov. Rick Perry (R) signed the state’s budget bill, which includes a provision that allocates more than $5 million to alternatives-to-abortion services for each of the next two fiscal years. The budget also restricts and allocates funds for family planning services and the new state-run women’s health program.

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

Bill Status:

Passed at least one chamber in MN and NC

Enacted in AR, PA and VA

(ENACTED) ARKANSAS: In February, Gov. Mike Beebe (D) signed into law a measure that bans abortion coverage in the health exchanges that will be established under the federal health care reform law except in cases of life endangerment, rape and incest. Additional abortion coverage can be purchased at an additional cost. The bill goes into effect in June.

MINNESOTA: In March, the House passed a measure that would have banned abortion coverage in the health exchange that will be established under the federal health care reform law except in cases of life endangerment, rape or incest. The language was removed from the final version that was signed into law.

NORTH CAROLINA: In May, the House passed a measure that would ban abortion coverage in the health exchange that will be established under the federal health care reform law except in cases of life endangerment, rape or incest. The bill, which would also ban abortion coverage for certain state employees and allow certain persons and entities to refuse to provide abortion services, is awaiting action in the Senate.

(ENACTED) PENNSYLVANIA: In June, Gov. Tom Corbett (R) signed into law a measure that bans abortion coverage in the health 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 outside the exchange. The bill also requires coverage of postabortion and miscarriage care. The law goes into effect in August.

(ENACTED) VIRGINIA: In April, the legislature approved Gov. Bob McDonnell’s (R) amendment to the state’s budget that bans abortion coverage in the health exchange that will be established under the federal health care reform law except in cases of life endangerment, rape or incest. This new law goes into effect in January 2014 and replaces the existing restriction, which expires at the end of 2013.

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Private Insurance Coverage of Abortion

Click here for current status of state policy

Introduced in 11 states

Bill Status:

Passed at least one chamber in GA, NC and WI

Enacted in KS and SC

GEORGIA: In March, the Senate passed a measure with an amendment that would prohibit the state employees’ health plan from covering abortion except in cases of life endangerment or “medical necessity.” No further action is expected since the legislature has adjourned its regular session.

(ENACTED) KANSAS: In April, Gov. Sam Brownback (R) signed an omnibus reproductive health bill that prohibits individuals from claiming a tax credit for the amount spent to purchase a rider for insurance coverage of abortion except in cases when the woman’s life is endangered. The measure, which also amends the state laws on abortion counseling, state employee and facility participation in abortion, tax credits for organizations that provide abortions, and sex education, is scheduled to go into effect in July.

NORTH CAROLINA: In May, the House passed a measure that would prohibit health plans for county or municipal employees from covering abortion except when necessary to save the woman’s life, or in cases of rape or incest. The bill, which would also ban abortion coverage in the health exchange and allow certain persons and entities to refuse to provide abortion services, is awaiting action in the Senate.

(ENACTED) SOUTH CAROLINA: In June, Gov. Nikki Haley (R) signed a budget bill that continues a long-standing provision that prohibits the state employees’ health plan from covering abortion except when necessary to save the woman’s life or in cases of rape or incest. The budget also contains provisions concerning family planning funding.  A provision that would have restricted access to family planning funds was deleted from the bill before passage.

WISCONSIN: In June, the Assembly passed a measure that would limit abortion coverage in the state employee health plan to life endangerment, rape or incest. The measure, which also allows religious employers to refuse to provide contraceptive coverage, is awaiting action in the Senate.

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Public Funding of Abortion for Low-Income Women

Click here for current status of state policy

Introduced in 9 states

Bill Status:

Enacted in AK, IA and MD

ALASKA: In April, the Senate passed a measure that would define a “medically necessary abortion” as a procedure that must be performed to protect a woman’s life or physical health. No further action is expected since the legislature has adjourned its regular session.

(ENACTED) ALASKA: In May, Gov. Sean Parnell (R) signed a budget bill that would limit Medicaid funding for abortion to cases of rape, incest or life endangerment. Currently, the state is under a court order, which supersedes the provision in the budget, to fund all medically necessary abortions.

(ENACTED) IOWA: In June, Gov. Terry Branstad (R) signed into law a budget bill that requires the governor’s office to sign off on reimbursement for Medicaid-eligible abortions.

(ENACTED) MARYLAND: In May, Gov. Martin O’Malley (D) approved an appropriations bill that reenacts current restrictions limiting public funding of abortion to cases of incest, rape, life or health endangerment, and fetal impairment. The measure is in effect.

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Requiring Abortion Coverage

Introduced in 2 states

Bill Status:

Passed at least one chamber in WA

WASHINGTON: In February, the House approved a measure that would require health plans that cover maternity care to also cover abortion care unless the purchaser of the health plan opts out of the coverage. This provision would not apply to multistate plans or to plans that would be in violation of the Weldon Amendment if they covered abortion care. The measure is awaiting action in the Senate.

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Later Term Abortion

'Partial-Birth' Abortion

Click here for current status of state policy

Introduced in 3 states

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'Postviability' Abortion

Click here for current status of state policy

Introduced in 2 states

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Restricts Abortion After Specific Gestational Age

Click here for current status of state policy

Introduced in 12 states

Bill Status:

Passed at least one chamber in TX

Enacted in AR and ND

ARIZONA: In May, the U.S. Court of Appeals for the Ninth Circuit struck down a 2012 law that would have banned abortion at 18 weeks postfertilization (or 20 weeks after the woman’s last menstrual period) except when the procedure was necessary to protect the woman’s life or prevent “substantial and irreversible impairment” to her health. The court ruled that the state may not prevent a woman from terminating a pregnancy prior to viability.

(ENACTED) ARKANSAS: In February, the legislature overrode Gov. Mike Beebe’s (D) veto of a measure that bans abortion at 20 weeks after fertilization based on an assumption that a fetus can feel pain at that point of development. The law permits abortions after that point to protect the woman’s life, avert “substantial and irreversible” damage to her physical health or terminate a pregnancy that is the result of rape or incest. The measure, which also contains special reporting provisions, is in effect.

(ENACTED) NORTH DAKOTA: In April, Gov. Jack Dalrymple (R) signed a measure that bans abortion at 20 weeks after fertilization based on an assumption that a fetus can feel pain at that point of development. The law permits abortions after that point to protect the woman’s life or to avert “substantial and irreversible” damage to her physical health. The new law, which also contains special reporting provisions, goes into effect in August.

TEXAS: In June, the House passed an omnibus abortion measure, which includes a provision that bans abortion at 20 weeks after fertilization based on an assumption that a fetus can feel pain at that point of development. The law permits abortions after that point to protect the woman’s life, avert “substantial and irreversible” damage to her physical health or terminate a pregnancy due to “severe fetal abnormality.” The bill, which also includes provisions on hospital admitting privileges for abortion providers, clinic regulations and limits on medication abortion, was not approved by the Senate before the end of a special session.

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Mandatory Counseling and Waiting Periods Before Abortion

State-Directed Counseling

Click here for current status of state policy

Introduced in 7 states

Including:

Information that the fetus can feel pain- 2 states

Information that the fetus is a person- 2 states

Bill Status:

Passed at least one chamber in IN

Enacted in OH and KS

INDIANA: In February, the Senate passed a measure that would amend abortion counseling requirements. Providers would be required to give women state-developed materials and provide them with the number for a 24-hour emergency line that will be continuously staffed. The measure also includes ultrasound requirements. No further action is expected since the legislature has adjourned its regular session.

(ENACTED) KANSAS: In April, Gov. Sam Brownback (R) signed an omnibus reproductive health bill that amends the state’s abortion counseling requirements. The bill would require that counseling include information on fetal pain, the risk of breast cancer and premature birth and delineate the exact text for written counseling materials. The measure, which also amends the state laws on abortion coverage, state employee participation in abortion, tax credits for organizations that provide abortions, and sex education, is scheduled to go into effect in July.

(ENACTED) OHIO: In June, Gov. John Kasich (R) signed the state’s budget bill, which includes a provision that requires a provider to test for a fetal heartbeat at least 24 hours before an abortion and inform the woman of the “statistical probability” of carrying the pregnancy to term if a fetal heartbeat is detected.

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Requirements for State-Directed Counseling Followed by a Waiting Period

Click here for current status of state policy

Introduced in 14 states

Including:

Requiring a woman to make two trips to the clinic- 9 states

Bill Status:

Passed at least one chamber in KY

Enacted in SD

KENTUCKY: In February, the Senate approved a measure that would require abortion counseling to be conducted in person. The state already requires a waiting period of  at least 24 hours between abortion counseling and the procedure, this change would require a woman to make two trips to the clinic for the abortion. No further action is expected since the legislature has adjourned its regular session.

(ENACTED) SOUTH DAKOTA: In March, Gov. Dennis Daugaard (R) signed into law a measure that prohibits the inclusion of weekends or any “annually recurring holiday” as part of the 72-hour waiting period before a woman may obtain an abortion. The measure will go into effect in July.

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Medication Abortion

Click here for current status of state policy

Introduced in 10 states

Bill Status:

Passed at least one chamber in MO and TX

Enacted in AL, IN, LA and MS

(ENACTED) ALABAMA: In April, Gov. Robert Bentley (R) signed legislation that requires a physician to examine a patient in person before prescribing medication for abortion, effectively banning telemedicine. The enacted bill, which also includes provisions on clinic regulation, hospital privileges for abortion providers, physician-only requirements and statutory rape reporting, is scheduled to go into effect in July.

(ENACTED) INDIANA: In May, Gov. Mike Pence approved an omnibus abortion measure that prohibits the use of telemedicine to administer medication for abortion. The measure, which also includes provisions on clinic regulation, ultrasound and physician-only requirements, goes into effect in July.

(ENACTED) LOUISIANA: In June, Gov. Bobby Jindal (R) signed into law a measure that prohibits a physician from prescribing medication for abortion remotely through telemedicine. The new law, which also requires abortion providers to meet certain training requirements, is in effect.

(ENACTED) MISSISSIPPI: In April, Gov. Phil Bryant (R) signed a measure that prohibits physicians from prescribing medication for abortion remotely through telemedicine. The new law, which also amends abortion reporting requirements, goes into effect in July.

MISSOURI: In May, the Senate passed a measure that would prohibit the use of telemedicine to administer medication for abortion. The measure is currently awaiting action by Gov. Jay Nixon (D).

MISSOURI: In May, the House passed a measure that would prohibit the use of telemedicine to administer medication for abortion. No further action is expected because the legislature has adjourned its regular session.

TEXAS: In June, the House passed an omnibus abortion measure, which includes a provision that requires a physician to examine a patient in person before prescribing medication for abortion, effectively banning telemedicine. Providers would also be required to use the FDA protocol when providing medication abortion; this provision blocks use of newer regimens that are as safe and effective but have fewer side effects and a lower cost. The bill, which also includes provisions on hospital admitting privileges for abortion providers, clinic regulations, and limits on abortion at 20 weeks postfertilization, was not approved by the Senate before the end of a special session.

WISCONSIN: In April, a federal judge temporarily enjoined a 2012 law that prohibits the use of telemedicine for the provision of medication abortion. The law had been in effect since April 2012.

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Parental Involvement in Minor's Abortions

Parental Consent Requirements

Click here for current status of state policy

Introduced in 8 states

Bill Status:

Enacted in AR, MT and OK

(ENACTED) ARKANSAS: In April, Gov. Mike Beebe (D) signed legislation that makes 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 enacted bill, which also requires reproductive health clinics to report child sexual abuse and preserve fetal tissue when minors younger than 14 have an abortion, goes into effect in July.

(ENACTED) MONTANA: In April, Gov. Steve Bullock (D) allowed a measure requiring parental consent before a minor obtains an abortion to go into effect without his signature. A parent is required to provide government-issued identification and prove parental status via “written documentation.” Montana law currently requires the abortion provider to notify a parent about the abortion. The enacted bill also mandates that a judge may waive the state’s parental consent requirement only if there is evidence of abuse or if obtaining consent “is not in the best interests of the minor.” The new law also includes a provision that requires minors to certify that they are not being coerced into an abortion. (The enactment of this measure renders void a legislative effort that would have placed identical language on the November 2014 ballot.) In June, the state agreed to not enforce while the law is the subject of litigation.

(ENACTED) OKLAHOMA: In May, Gov. Mary Fallin (R) signed into law a measure that further limits minors’ ability to obtain an abortion. The measure requires a parent to provide government-issued identification and prove parental status via “written documentation.”  The measure allows a minor to file for judicial bypass only in a district court in her county of residence. It also allows the court to hold a prehearing counseling session and establish criteria a judge must use to assess whether to waive the parental involvement requirement. The new law is scheduled to go into effect in November.

(ENACTED) OKLAHOMA: In May, Gov. Mary Fallin (R) signed into law a measure that further limits minors’ ability to obtain an abortion by requiring parental notification for all minors’ abortions, including after a medical emergency, except in instances of sexual abuse committed by a parent. Current law allows a minor to seek a judicial waiver of the notification after an abortion performed due to a medical emergency; a physician may waive parental involvement if the minor was sexually abused. Additionally, the measure would require that adult women under guardianship obtain parental notice and consent before an abortion. The new law is scheduled to go into effect in November.

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Parental Notification Requirements

Click here for current status of state policy

Introduced in 7 states

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Physicians

Physician Liability

Introduced in 5 states

Bill Status:

Enacted in KS and MT

(ENACTED) KANSAS: In April, Gov. Sam Brownback (R) signed a measure that shields medical professionals from litigation if they withhold information from a woman about her pregnancy that may have resulted in her obtaining an abortion. The new law goes into effect in July.

(ENACTED) MONTANA: In April, Gov. Steve Bullock (D) allowed a measure to go into effect without his signature that shields medical professionals from litigation if they withhold information from a woman about her pregnancy that may have resulted in her obtaining an abortion. The new law goes into effect in October.

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Physician-Only Requirements for Surgical and Medication Abortion

Click here for current status of state policy

Introduced in 10 states

Bill Status:

Passed at least one chamber in CA

Enacted in AL, IN, LA and ND

(ENACTED) ALABAMA: In April, Gov. Robert Bentley (R) signed legislation that requires a physician to administer a medication abortion. The enacted bill, which also includes provisions on clinic regulation, medication abortion, hospital privileges for abortion providers and statutory rape reporting, is scheduled to go into effect in July.

CALIFORNIA: In May, the Assembly passed a measure that would allow nurse practitioners, certified nurse-midwives and physician assistants to perform first-trimester abortions after the completion of appropriate training and certification. The measure is awaiting action in the Senate.

(ENACTED) INDIANA: In May, Gov. Mike Pence approved an omnibus abortion measure that limits the provision of medication abortion to physicians licensed in Indiana. The measure, which also includes provisions on clinic regulations, ultrasound and medication abortion, goes into effect in July.

(ENACTED) LOUISIANA: In June, Gov. Bobby Jindal (R) signed into law a measure that requires abortion providers to be pursuing or have finished a residency in “obstetrics and gynecology or family medicine.” The new law, which also prohibits the use of telemedicine to administer medication for abortion, is in effect.

(ENACTED) NORTH DAKOTA: In March, Gov. Jack Dalrymple (R) signed into law a measure that limits abortion provision only to physicians licensed in the state of North Dakota. The measure, which also contains provisions relating to hospital privileges, is scheduled to go into effect in August.

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Prohibiting Coercing a Woman into Having an Abortion

Introduced in 5 states

Bill Status:

Enacted in LA and MT

(ENACTED) LOUISIANA: In June, Gov. Bobby Jindal (R) signed into law a measure that would classify the coercion of a minor into having an abortion as a form of child abuse. The new law goes into effect in August.

(ENACTED) MONTANA: In February, the House passed a measure that would require a minor to certify in writing that she is not being coerced into an abortion. The enactment of this measure renders void an identical ballot initiative that passed the legislature in April. The new law, which also includes a parental consent requirement, goes into effect in July.

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Protecting Access

Attempts to Repeal Abortion Restrictions

Introduced in 7 states

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Clinic Access

Click here for current status of state policy

Introduced in 0 states

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Ensuring Legal Access to Abortion

Click here for current status of state policy

Introduced in 2 states

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Repealing Pre-Roe Abortion Laws

Introduced in 2 states

Bill Status:

Enacted in CO

(ENACTED) COLORADO: In June, Gov. John Hickenlooper (D) signed into law a measure that repeals the state’s pre-Roe abortion restriction. The new law also amends the state’s statute that criminalizes assault on a pregnant woman. The law is in effect.

 

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Reporting Requirements

Abortion Reporting

Click here for current status of state policy

Introduced in 19 states

Bill Status:

Enacted in AR, MS, ND and OK

(ENACTED) ARKANSAS: In February, the legislature overrode Gov. Mike Beebe’s (D) veto of a measure that revises the state’s abortion reporting requirements for abortions performed at 20 weeks postfertilization (which translates to 22 weeks after the woman’s last menstrual period). The measure requires providers to report the medical diagnosis that necessitated the procedure after that point. The measure, which also limits abortion at or beyond 20 weeks’ gestation except to protect the woman’s life, avert “substantial and irreversible” damage to her physical health or terminate a pregnancy that is the result of rape or incest, is in effect.

(ENACTED) MISSISSIPPI: In April, Gov. Phil Bryant (R) signed a measure that revises the state’s abortion reporting requirements for medication abortions. The measure requires providers to report all medication abortions to the Department of Health and report any complications to the FDA. The measure, which also includes provisions regulating medication abortion, goes into effect in July.

(ENACTED) NORTH DAKOTA: In April, Gov. Jack Dalrymple (R) signed a measure that revises the state’s abortion reporting requirements for abortions performed at 20 weeks postfertilization. The law requires providers to report the medical diagnosis that necessitated the procedure after that point. The enacted bill, which also limits abortion at or beyond 20 weeks’ gestation except to protect the woman’s life or avert “substantial and irreversible” damage to her physical health, goes into effect in August.

(ENACTED) OKLAHOMA: In May, Gov. Mary Fallin (R) signed into law a measure that revises the state’s abortion reporting requirements mandating the inclusion of information on the sex of the fetus, whether the woman had had an ultrasound, whether she had been offered the option to listen to the fetal heartbeat, and, in the case of a medication abortion, whether the provider was in the same room as the woman. Providers will also be required to include an image from the ultrasound if one is performed. The new law is scheduled to go into effect in November.

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Minors Reporting

Introduced in 6 states

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Self-Induced Abortion

Introduced in 2 states

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Sex and Race Selection

Introduced in 17 states

Bill Status:

Passed at least one chamber in FL, NC and WI

Enacted in KS and ND

FLORIDA: In April, the House passed a measure that would criminalize the provision of an abortion if the provider knows the woman is obtaining the abortion for purposes of race or sex selection. No further action is expected since the legislature has adjourned its regular session.

(ENACTED) KANSAS: In April, Gov. Sam Brownback (R) signed an omnibus reproductive health bill that criminalizes the provision of an abortion if the provider knows the woman is obtaining the abortion for purposes of sex selection. The measure, which also amends the statutes on abortion coverage, abortion counseling, state employee and facility participation in abortion, tax credits for organizations that provide abortions, and sex education, is scheduled to go into effect in July.

NORTH CAROLINA: In May, the House passed a measure that would criminalize the provision of an abortion if the provider knows the woman is obtaining the abortion for the purpose of sex selection. The measure is awaiting action in the Senate.

(ENACTED) NORTH DAKOTA: In March, Gov. Jack Dalrymple (R) signed into law a measure that would prohibit the provision of an abortion if the provider knows the woman is obtaining the abortion for purposes of sex selection or because the fetus has been “diagnosed with either a genetic abnormality or the potential for a genetic abnormality.” The measure is scheduled to go into effect in August.

WISCONSIN: In June, the Assembly passed a measure that would prohibit the provision of an abortion if the provider knows the woman is obtaining the abortion for purposes of sex selection. The measure is awaiting action in the Senate.

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State Employee and Facility Participation in Abortion

Introduced in 4 states

Bill Status:

Enacted in KS

(ENACTED) KANSAS: In April, Gov. Sam Brownback (R) signed an omnibus reproductive health bill that prohibits state employees or state agencies from participating in or facilitating abortion care unless they do so outside of normal working hours and at a facility that is not funded or operated by the state. The measure, which also amends the state laws on abortion coverage, tax credits for organizations that provide abortions, abortion counseling and sex education, is scheduled to go into effect in July.

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Tax Credit Program Excludes Organizations That Provide Abortion Services

Introduced in 1 state

Bill Status:

Enacted in KS

KANSAS: In April, Gov. Sam Brownback (R) signed an omnibus reproductive health bill that amends the tax code to prohibit an organization that provides abortions from claiming tax credits for any business-related expenses. The measure, which also amends the state laws on abortion coverage, state employee participation in abortion, abortion counseling and sex education, is scheduled to go into effect in July.

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Training in Abortion Services

Introduced in 5 states

Limits Training- 4 states

Requires Training- 1 state

Bill Status:

Passed at least one chamber in ND

NORTH DAKOTA: In April, the Senate removed, from an omnibus abortion bill, a provision that would prohibit, unless required by federal law, any funds moving through state agencies, including a state board of higher education from going to organizations that provide abortion services. This provision would have the potential to limit access to abortion training. Gov. Jack Dalrymple (R) signed the other provisions in the bill that limit abortion at or beyond 20 weeks’ gestation, amend the state’s abortion reporting law and places restrictions on family planning funds.

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Ultrasound Requirements

Click here for current status of state policy

Introduced in 18 states

Bill Status:

Passed at least one chamber in KY and WI

Enacted in IN

(ENACTED) INDIANA: In May, Gov. Mike Pence approved an omnibus abortion measure that requires a woman seeking medication abortion services to undergo an ultrasound prior to receiving abortion care. The measure, which also includes provisions on clinic regulation, medication abortion and physician-only requirements, goes into effect in July.

INDIANA: In February, the Senate also passed a second measure that would require a woman to undergo an ultrasound before obtaining an abortion. The measure would also require providers to offer the woman the option to view the ultrasound image and listen to the fetal heartbeat. The measure also amends abortion counseling requirements. No further action is expected since the legislature had adjourned its regular session.

KENTUCKY: In February, the Senate approved a measure that would require a woman seeking abortion services to undergo an ultrasound before obtaining an abortion. The measure contains a provision that would require the ultrasound to be performed by the provider who performs the abortion. The provider must also show and describe the ultrasound image to the woman, although she could opt not to view the image. No further action is expected since the legislature had adjourned its regular session.

WISCONSIN: In June, both chambers passed a measure that would require a woman to undergo an ultrasound before obtaining an abortion. The woman would be offered the option of viewing the ultrasound image and would have to listen to a detailed description of it. She must also be offered the option of listening to the fetal heartbeat. The measure, which also requires abortion providers to have hospital privileges, is awaiting action by Gov. Scott Walker (R). (The bill was signed in early July.)

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ADOLESCENTS

Minors Access to Reproductive Healthcare

Click here for current status of state policy

Introduced in 10 states

Bill Status:

Passed at least one chamber in IN and KY

INDIANA: In April, the Senate passed a measure that would establish a new program to provide health care for students in schools. The school program would be prohibited from contracting with organizations that provide abortion services, could not provide contraceptive services and would be barred from providing referrals to organizations that provide contraceptive services to minors or perform abortions with the exception of hospitals. Later in the month, the relevant language was struck from the bill by a conference committee.

KENTUCKY: In February, the House passed a measure that would require children entering sixth grade to be vaccinated against HPV unless their parents decline.No further action is expected since the legislature had adjourned its regular session.

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Sex Education

Click here for current status of state policy

Introduced in 26 states

Bill Status:

Passed at least one chamber in HI, IL, MS, NV, NH, NC, PA and RI

Enacted in CO, IL, KS and WA

Vetoed in MT

(ENACTED) COLORADO: In May, Gov. John Hickenlooper (D) signed a measure that requires sex education in the state to be scientifically proven to delay sexual debut, reduce adolescents’ number of sexual partners, frequency of sex, or increase their contraceptive use. These requirements effectively prohibit abstinence-only instruction. The bill, which also allocates funds for sex education, is now in effect.

HAWAII: In March, the House adopted a measure that would have included instruction on skills for building healthy relationships, making decisions and talking to family members about sex. It would have also prohibited instruction from discriminating “on the basis of sex, race, ethnicity, national origin, disability, religion, sexual orientation or gender identity.”  In April, the Senate removed all relevant language and the bill is no longer under consideration.

ILLINOIS: In May, the Senate amended two state laws related to sex education. The bill would amend the state’s mandatory instruction on health education to include age-appropriate and medically accurate information on abstinence. The bill would also require the optional sex education program to be medically accurate and age-appropriate and to include instruction on contraception and abstinence. Currently, this optional program is limited to instruction on abstinence outside of marriage. The bill is awaiting action by Gov. Pat Quinn (D).

ILLINOIS: In May, the Senate adopted a measure that requires age-appropriate instruction on teen dating violence for students in grades 7–12. The bill is awaiting action by Gov. Pat Quinn (D).

 

(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.

 

(ENACTED) KANSAS: In April, Gov. Sam Brownback (R) signed an omnibus reproductive health bill that prohibits an employee, agent or volunteer of an organization that performs abortions to provide sex or STI education. The restriction would not apply if the organization provides abortions only when necessary to protect a woman’s life. The new law also amends the statutes on abortion coverage, tax credits for organizations that provide abortions, abortion counseling and state employee participation in abortion. The measure is scheduled to go into effect in July.

MISSISSIPPI: In February, the Senate adopted a measure that would require schools to provide evidence-based, age-appropriate and culturally sensitive instruction on the prevention of sexual abuse from kindergarten through fifth grade. In March, the House removed the relevant provisions.

MONTANA: In April, Gov. Steve Bullock (D) vetoed a measure that would have required parental consent before a student may participate in sex education.

MONTANA: In April, the Senate defeated a measure that would have placed a measure on the November 2014 ballot to require parental consent before a student may participate in sex education. The bill passed the House in April.

NEVADA: In April, the Assembly adopted a measure that would mandate comprehensive sex education in schools. The bill would require that sex education be medically accurate, age-appropriate and not discriminate based on “race, gender, gender identity or expression, religion, sexual orientation, ethnic or cultural background or disability.” Instruction would include information on abstinence, contraception, human development, HIV/STIs, healthy decision-making and family communication about sex, refusal skills and dating violence. The bill is awaiting action in the Senate.

NEW HAMPSHIRE: In May, the Senate adopted a measure that would allow parents to remove their children from sex education for reasons of personal beliefs. Currently parents may only remove their children for religious reasons. No further action is expected since the legislature has adjourned its regular session.

NORTH CAROLINA: In May, the House amended a bill that would have required students to receive information on prevention of preterm birth, “including induced abortion, smoking, alcohol consumption, the use of illicit drugs, and inadequate prenatal care” as part of sex education, so that it is not longer relevant. 

RHODE ISLAND: In June, the Senate adopted a measure that would require students to be taught about sexual exploitation and abuse from kindergarten to the eighth grade. The bill is awaiting action in the House.

 

PENNSYLVANIA: In February, the House adopted a measure that would require schools to provide age-appropriate instruction on the prevention of sexual abuse from kindergarten through eighth grade. The bill is awaiting action in the Senate.

 

(ENACTED) WASHINGTON: In May, Gov. Jay Inslee signed a measure that requires sex education to include information on the laws related to sexual offenses when a minor is a victim. The bill is scheduled to go into effect in July.

 

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Statutory Rape Reporting

Introduced in 5 states

Bill Status:

Enacted in AL, AR and MS

 

(ENACTED) ALABAMA: In April, Gov. Robert Bentley (R) signed an omnibus abortion bill that requires an abortion provider to ask a minor younger than 16 for the name and age of her male partner. For minors aged 14–15 whose partner is at least two years older, or for minors younger than 14, the measure requires the provider to report the names and ages of the pregnant minor and her partner to the state. It is scheduled to go into effect in July.

(ENACTED) ARKANSAS: In April, Gov. Mike Beebe (D) signed legislation that mandates that employees or volunteers of organizations that provide reproductive health services report child abuse. The enacted bill, which also criminalizes assisting a minor seeking an abortion without parental consent and requires the preservation of fetal tissue when minors younger than14 have an abortion, goes into effect in July.

(ENACTED) MISSISSIPPI: In April, Gov. Phil Bryant(R) signed into law a measure that requires 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 law goes into effect in July.

 

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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 10 states

Bill Status:

Passed at least one chamber in AR, ND and SC

Enacted in CO, KS, MI, OH, OK and TX

ARKANSAS: In April, the Senate passed a measure that prohibits the state from awarding public funds to organizations that provide abortion services or referrals. Entities that contract with abortion providers or are affiliated with organizations that provide abortion services are also prohibited from receiving these funds. The measure also stipulates that this policy would not apply to the Medicaid program or hospitals, medical schools and universities. No further action is expected since the legislature has adjourned its regular session.

(ENACTED) COLORADO: In April, 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) KANSAS: In June, Gov. Sam Brownback (R) signed into law a measure 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 can apply for any remaining funds; other types of family planning providers would not be eligible for funding. This provision is identical to one that is currently not in effect because of pending litigation. The bill, which would also allocate funding for family planning services and alternatives-to-abortion services, is in effect.

(ENACTED) MICHIGAN: In June, Gov. Rick Snyder (R) signed into law a measure that continues long-standing abortion-related restrictions on the distribution of family planning funds and continues to extend those restrictions to maternal and child health funds. Specifically, the bill gives preference in the allocation of funds to organizations that do not provide abortion services. The bill, which also contains funding levels for family planning and alternatives-to-abortion services, is in effect.

MICHIGAN: In May, the Senate passed a measure that continues long-standing abortion-related restrictions on the distribution of family planning funds and continues to extend those restrictions to maternal and child health funds. Specifically, the bill gives preference in the allocation of funds to organizations that do not provide abortion services. The bill also specifies funding levels for family planning and alternatives-to-abortion services. No further action is expected since another budget bill was enacted.

NORTH DAKOTA: In April, the legislature removed language that would have prohibited the state from contracting with an organization that provides abortions, or refers or counsels for abortion, except when the abortion is necessary to protect the life of the woman. The provision would have also prohibited organizations that perform abortions or provide abortion referral or counseling, except as required by federal regulations, from receiving family planning funds going through the state treasury. Other provisions in the bill were signed by Gov. Jack Dalrymple (R); those provisions, which limit abortion at or beyond 20 weeks’ gestation, and amend the state’s abortion reporting law, go into effect in August.

(ENACTED) OHIO: In June, Gov. John Kasich (R) signed the state’s budget bill that establishes a four-tiered priority system for the allocation of family planning funds including federal block grants and Title X funds. Under this system, public health organizations have the highest priority, followed by nonpublic federally qualified health centers and private medical organizations that focus on primary health services. Family planning providers may apply for any remaining funds. Currently, there is a similar restriction applied to a state-run women’s health program. The provision went into effect in July.

(ENACTED) OKLAHOMA: In May, Gov. Mary Fallin (R) signed into law a measure that establishes a three-tier priority system for the allocation of family planning funds that would exclude specialized family planning clinics. Under this system, public facilities have the highest priority, followed by nonpublic hospitals, federally qualified health centers and rural health clinics. Primary health care providers could apply for any remaining funds. The law goes into effect in November.

SOUTH CAROLINA: In June, the legislature adopted a conference committee report that removes language requiring agencies to allocate family planning funds under a three-tiered priority-based system. Under this system, public facilities would have had the highest priority, followed by nonpublic facilities that provide primary health care and family planning services. Family planning providers would have been allowed to apply for any remaining funds. The bill, which reenacts restrictions on abortion coverage in the state employee health plan and provides funding for family planning services, was signed in June by Gov. Nikki Haley (R).

(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 continues a three-tiered priority system for the allocation of family planning funds: 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, the new women’s health program and alternatives-to-abortion services. The law goes into effect in September..

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Budget Bills: Family Planning Line Items

Introduced in 22 states

Bill Status:

Passed at least one chamber in DE, NJ and WI

Enacted in CO, FL, IL, KS, ME, MA, MI, MN, MO, MT, NH, NY, PA, SC and TX

(ENACTED) COLORADO: In April, Gov. John Hickenlooper (D) signed the state’s budget bill that allocates more than $6.3 million for family planning services.  This represents a 3% decrease in family planning funding. 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.

DELAWARE: In June, the legislature adopted the state’s budget, including an annual appropriation of $325,000 for family planning services. The bill is awaiting action by Gov. Jack Markell (D). (The bill was signed in early July.)

(ENACTED) FLORIDA: In May, Gov. Rick Scott (R) signed into law a measure that allocates more than $4 million in state funds for family planning services. The law goes into effect in July.

(ENACTED) ILLINOIS: In June, Gov. Patrick Quinn (D) signed into law the state’s budget, which provides an annual appropriation of $470,400 for family planning services. The law is in effect.

IOWA: In May, the legislature adopted a conference committee report that removes an allocation of $100,000 to family planning agencies to support clinic infrastructure. The bill, which also includes provisions on Medicaid family planning expansions and restrictions on abortion funding in Medicaid, is awaiting action by Gov. Terry Brandstad (R).

(ENACTED) KANSAS: In June, Gov. Sam Brownback (R) signed into law a measure that allocates funding 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 bill, which also reenacts a priority-based system for distributing family planning funds, is in effect.

(ENACTED) MAINE: In June, Gov. Paul LaPage (R) signed the state’s budget, which provides $1.2 million for family planning services, $400,000 less than what was allocated last year. The budget is now in effect.

(ENACTED) MASSACHUSETTS: In June, Gov. Deval Patrick (D) signed the state’s budget that allocates about $4.7 million for health services, including family planning services, essentially maintaining the current funding level.

(ENACTED) MICHIGAN: In June, Gov. Rick Snyder (R) signed into law a measure that allocates nearly $10 million for family planning services and nearly $14 million for the state’s Medicaid family planning expansion. This represents current funding for family planning services and a 5% decrease for the Medicaid family planning expansion. The bill, which also restricts family planning funds and funds alternatives-to-abortion services, is in effect.

(ENACTED) MINNESOTA: In May, Gov. Mark Dayton (D) signed into law an omnibus reproductive health measure that allocates about $1 million in federal Temporary Assistance to Needy Families (TANF) funds for family planning services, maintaining the current level of funding. The law goes into effect in July.

(ENACTED) MISSOURI: In June, Gov. Jay Nixon (D) signed the state’s budget bill that allocates funding for family planning services, most of which are provided through Title X. The budget year started on July 1.

(ENACTED) MONTANA: In May, Gov. Steve Bullock (D) signed into law a measure allocating $4.6 million for Title X family planning services. The law goes into effect in July.

(ENACTED) NEW HAMPSHIRE: In June, Gov. Maggie Hassan (D) signed the state’s budget that allocates approximately $4.6 million for family planning services over the next two years. The budget took effect in July.

NEW JERSEY: In June, the legislature passed a supplemental appropriations bill for fiscal year 2013 that allocates $7.4 million for family planning services. The bill is awaiting action by Gov. Chris Christie (R).

(ENACTED) NEW YORK: In April, Gov. Andrew Cuomo (D) signed into law a budget that allocates just over $26 million for family planning services for the 2014 fiscal year and $25 million for the 2015 fiscal year. It is in effect.

(ENACTED) PENNSYLVANIA: In June, Gov. Tom Corbett (R) signed the state’s budget that allocates $2 million of the federal social services block grant for family planning funding. The bill also provides funding for alternatives to abortion.

(ENACTED) SOUTH CAROLINA: In June, Gov. Nikki Haley (R) signed a budget bill that allocates nearly $24 million for family planning services, essentially maintaining the current funding level. The bill also reenacts restrictions on abortion coverage in the state employee health plan.

(ENACTED) TEXAS: In June, Gov. Rick Perry (R) signed into law a measure that allocates nearly $22 million for family planning services for each of the next two years. The bill also restricts the use of family planning funds and allocates funds for the new state-run women’s health program and alternatives to abortion. The law goes into effect in September.

WISCONSIN: In June, the legislature adopted the state’s budget that includes more than $3.5 million for family planning services. The bill is awaiting action by Gov. Scott Walker (R). (The bill was signed in early July.)

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Definitions of Contraception

Introduced in 3 states

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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 2 states

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Emergency Contraception Services for Sexual Assault Victims

Click here for current status of state policy

Introduced in 7 states

Bill Status:

Enacted in HI

 

(ENACTED) HAWAII: In April, Gov. Neil Abercrombie (D) signed into law 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. The law is in effect.

 

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Restricting Access to Emergency Contraception

Introduced in 1 state

Bill Status:

Enacted in OK

(ENACTED) OKLAHOMA: In May, Gov. Mary Fallin (R) signed into law a measure that allows minors younger than 17 to obtain emergency contraception only with a prescription. This is in direct contradiction to the nationwide policy established by the FDA, under which emergency contraception is available over the counter for woman aged 15 and older. The bill goes into effect in July.

 

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Insurance Coverage

Contraceptive Coverage

Click here for current status of state policy

Introduced in 13 states

Bill Status:

Passed at least one chamber in AL, OK and WI

ALABAMA: In February, the House passed a measure that allows a “religiously-affiliated employer” to offer a health plan that does not cover contraceptives or abortifacients based on religious objections. An employee could receive reimbursement for contraceptives prescribed for medical purposes unrelated to family planning. The bill defines “religiously-affiliated employer” as a church or ministry and organizations with 10 or fewer shareholders who object to coverage of contraceptives or abortifacients based on religious belief.  The bill is awaiting action in the Senate.

MISSOURI: In March, a federal district court judge permanently struck down a new law that would have allowed insurance purchasers, such as employers, and insurance providers to opt out of providing coverage for contraceptive services, and would have authorized the state Attorney General to protect these rights with regard to the federal health care law.

OKLAHOMA: In March, the House passed a measure that would allow health plans to exclude coverage for family planning services. If enacted, the bill would conflict with the requirements for coverage of contraceptives in the Affordable Care Act. No further action is expected since the legislature has adjourned its regular session.

WISCONSIN: In June, the Assembly passed a measure that would permit a religious non-profit organization to refuse to provide health coverage of contraceptives if the objection is based on religious beliefs. The bill, which would also limit abortion coverage in the state employee health plan, is awaiting action in the Senate.

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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 10 states

Expands access in 9 states

Repeal of Expansion in 1 state

Bill Status:

Passed at least one chamber in IA and NJ

Enacted in NH and TX

ARIZONA: In February, a U.S. district court judge struck down a law that would have prohibited the state from contracting with most abortion providers.  The court held that the state cannot interfere with the federal regulations that grant Medicaid participants the ability to seek treatment from the Medicaid provider of their choice. 

IOWA: In May, the legislature adopted a conference committee report that removes language requiring the state move from a Medicaid family planning waiver to a state plan amendment. The bill, which also addresses funding for family planning services and Medicaid funding of abortion, is awaiting action by Gov. Terry Brandstad (R)..

(ENACTED) NEW HAMPSHIRE: In June, Gov. Maggie Hassan (D) signed into law a measure that would encourage implementation of an existing law that directs the state to apply to the federal government for a Medicaid family planning expansion. The law is in effect.

NEW JERSEY: In June, the legislature passed a measure that directs the state to expand Medicaid family planning services through an amendment of its Medicaid plan. Individuals would be eligible for services if their income is at 200% or below the federal poverty level. The bill is awaiting action by Gov. Chris Christie (R).

(ENACTED) TEXAS: In June, Gov. Rick Perry (R) signed into law a measure that allocates nearly $36 million for each of the next two years for a state-run women’s health program, provides funding for a range of women’s health services including family planning, and prohibits the program from including agencies that provide abortion services. This new program replaces the state’s joint federal-state Medicaid family planning expansion that was terminated by the federal government in December 2012 because of the state’s prohibition against abortion providers. The bill also restricts and allocates funds for family planning services and funds alternatives to abortion. The law goes into effect in September.

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

Click here for current status of state policy

Introduced in 3 states

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Partner Treatment for Sexually Transmitted Infections

Click here for current status of state policy

Introduced in 7 states and the District of Columbia

Bill Status:

Passed at least one chamber in HI and WV

Enacted in NE and VT

HAWAII: In April, the House passed a measure that would allow medical providers to prescribe or dispense a drug for treatment of gonorrhea, chlamydia or any STI as recommended by the Centers for Disease Control and Prevention, for a patient’s partner without first seeing the partner. The bill is awaiting action by Gov. Neil Abercrombie (D).

(ENACTED) NEBRASKA: In April, Gov. Dave Heineman (R) signed into law a measure that would allow medical providers to prescribe or dispense a drug for treatment of gonorrhea or chlamydia for a patient’s partner without first seeing the partner. The bill also requires the prescription include the partner’s name. The law goes into effect in September.

(ENACTED) VERMONT: In May, Gov. Pete Shumlin (D) signed into law a measure that expands the scope of the state’s law that allows a health care provider to treat a patient’s partner for chlamydia without first seeing the partner, by allowing such treatment for additional STIs. The department of health is required to determine which STIs will be included under the law. The law goes into effect in July.

WEST VIRGINIA: In March, the Senate passed a measure that would allow medical providers to prescribe or dispense a drug for treatment of an STI for a patient’s partner without first seeing the partner. The bill would also require the department of health to establish rules determining allowable diseases for expedited partner therapy. No further action is expected since the legislature has adjourned its regular session.

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Pharmacy or Pharmacist Requirements to Dispense Contraception

Click here for current status of state policy

Introduced in 5 states

Bill Status:

Enacted in MO

(ENACTED) MISSOURI: In May, Gov. Jay Nixon (D) signed a measure that prohibits the state from requiring pharmacies to carry prescription or nonprescription drugs or devices. The bill is scheduled to take effect in August.

 

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PREGNANCY & BIRTH

Fetal and Pregnant Woman Assault

Introduced in 13 states

Bill Status:

Passed at least one chamber in FL

Enacted in AR, CO and MT

(ENACTED) ARKANSAS: In April, Gov. Mike Beebe (D) signed into law a measure that expands the state’s fetal homicide statute to apply throughout pregnancy. Current law considers a fetus a person after 12 weeks’ gestation for purposes of the criminal code. This will not apply in the cases of abortion, medical care to save the life of the woman, treatments such as IVF or any actions by the pregnant woman. The law goes into effect in July.

 

(ENACTED) COLORADO: In June, Gov. John Hickenlooper (D) signed into law a measure that amends the state’s statute that criminalizes assault on a pregnant woman. The bill includes penalties for causing the pregnant woman to miscarry and includes exceptions for medical treatment and actions by the pregnant woman. The bill would also repeal the state’s pre-Roe abortion restriction. The law is in effect.

FLORIDA: In April, the House passed a measure that would consider a fetus at any point in gestation to be a victim of homicide. Current law allows prosecution for harming a fetus after “quickening,” a term that describes the point in pregnancy when the woman feels the fetus move. The bill includes exceptions for legal abortion, medical treatment for the pregnant woman or any actions by the pregnant woman. No further action is expected since the legislature has adjourned its regular session.

(ENACTED) MONTANA: In April, a fetal homicide measure became law without the signature of Gov. Steve Bullock (D). The enacted bill considers a fetus at any point in gestation to be a victim of homicide and includes exceptions for legal abortion, medical treatment for the pregnant woman or any actions by the pregnant woman. It goes into effect in October.

 

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HIV Testing of Infants and Pregnant Women

Introduced in 4 states

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Infant Abandonment

Click here for current status of state policy

Introduced in 8 states

Bill Status:

Passed at least one chamber in MO and NV

Enacted in LA and NM

(ENACTED) LOUISIANA: In June, Gov. Bobby Jindal (R) signed into law a measure that allows a parent to legally relinquish an infant who is 60 days old or younger. Current law allows a parent to relinquish an infant who is 30 days old or younger. The law goes into effect in August.

MISSOURI: In May, a conference committee adopted a measure that would allow a parent to legally relinquish an infant who is 45 days old or younger. Current law allows a parent to relinquish an infant aged one year or younger. The bill would ensure the protection of the parent’s anonymity and would add pregnancy resource centers and maternity homes to the list of locations where an infant can be relinquished. The bill is awaiting action by Gov. Jay Nixon (D).

NEVADA: In April, the Assembly adopted a measure that would allow personnel at a volunteer fire department or an ambulance service to accept an infant that is 30 days old or younger. The bill is awaiting action in the Senate.

(ENACTED) NEW MEXICO: In March, Gov. Susana Martinez (R) signed into law a measure that would add fire stations and law enforcement agencies to the list of legally acceptable places to leave an infant. The bill is scheduled to go into effect in June.

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Infertility Coverage

Introduced in 6 states

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Non-Medical Use of Ultrasound

Introduced in 0 states

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Stillbirth Certificates

Introduced in 9 states

Bill Status:

Enacted in NM

(ENACTED) NEW MEXICO: In April, Gov. Susana Martinez (R) signed into law a measure that allows a parent who loses a fetus after 20 weeks of pregnancy to obtain a certificate of birth resulting in a stillbirth. The law goes into effect in January 2014..

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Substance Abuse During Pregnancy

Click here for current status of state policy

Introduced in 14 states

Bill Status:

Passed at least one chamber in IN 

Enacted in IN, MD and TN

Vetoed in NM

(ENACTED) INDIANA: In May, Gov. Mike Pence (R) signed a measure that allocates nearly $250,000 for “prenatal substance use and prevention.” It goes into effect in July.

(ENACTED) MARYLAND: In April, Gov. Martin O’Malley (D) signed into law a bill that requires a health care provider to report the delivery of an infant exposed to controlled substances to a local social services office. The report alone will not automatically trigger a child abuse or neglect investigation. The law goes into effect in October.

NEW MEXICO: In April, Gov. Susana Martinez (R) took no action on a bill (effectively vetoing it) that would have allowed the state to license a substance abuse treatment facility only if the facility grants admission preference to pregnant women and provides them with the same treatment received by women who are not pregnant.

(ENACTED) TENNESSEE: In May, Gov. Bill Haslam (R) signed into law a measure that requires publicly funded substance abuse facilities to give preference to pregnant women. The bill also requires any facility capable of treating a pregnant woman to provide her with treatment. Also, the bill prohibits the state from filing for protective services for a newborn if a woman who is less than 20 weeks into her pregnancy seeks substance abuse treatment as part of prenatal care. The law is in effect.

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REFUSAL CLAUSES

Abortion Services

Click here for current status of state policy

Facilities

Introduced in 7 states

Bill Status:

Passed at least one chamber in MO and NC

MISSOURI: In March, the House adopted a measure that would allow any health care provider or facility to refuse to participate in abortion (including medication abortion), contraceptive services or non-medically necessary sterilization if the objection is based on religious, moral or ethical beliefs. The provider or institution would be not allowed to refuse to provide these services in the case of an emergency. Current law allows a physician, nurse, midwife and hospital to refuse to provide abortion services. No further action is expected since the legislature has adjourned its regular session.

NORTH CAROLINA: In May, the House passed a measure the would expand the state’s existing refusal clause and allow a broad range of health care providers, including social workers and pharmacists, to refuse to participate in abortion-related services if the objection is based on religious, moral or ethical beliefs. Current law allows physicians and nurses to refuse to provide abortion care for religious, moral or ethical reasons. The bill, which would also ban abortion coverage for certain state employees and also ban abortion coverage in the health exchange, is awaiting action in the Senate.

Health Professionals

Introduced in 9 states

Bill Status:

Passed at least one chamber in MO and NC

MISSOURI: In March, the House adopted a measure that would allow any health care provider or facility to refuse to participate in abortion (including medication abortion), contraceptive services or non-medically necessary sterilization if the objection is based on religious, moral or ethical beliefs. The provider or institution would be not allowed to refuse to provide these services in the case of an emergency. Current law allows a physician, nurse, midwife and hospital to refuse to provide abortion services. No further action is expected since the legislature has adjourned its regular session.

NORTH CAROLINA: In May, the House passed a measure the would expand the state’s existing refusal clause and allow a broad range of health care providers, including social workers and pharmacists, to refuse to participate in abortion-related services if the objection is based on religious, moral or ethical beliefs. Current law allows physicians and nurses to refuse to provide abortion care for religious, moral or ethical reasons. The bill, which would also ban abortion coverage for certain state employees and also ban abortion coverage in the health exchange, is awaiting action in the Senate.

Insurers

Introduced in 3 states

 

Pharmacists or Pharmacies

Introduced in 8 states

Bill Status:

Passed at least one chamber in NC

NORTH CAROLINA: In May, the House passed a measure the would expand the state’s existing refusal clause and allow a broad range of health care providers, including social workers and pharmacists, to refuse to participate in abortion-related services if the objection is based on religious, moral or ethical beliefs. Current law allows physicians and nurses to refuse to provide abortion care for religious, moral or ethical reasons. The bill, which would also ban abortion coverage for certain state employees and also ban abortion coverage in the health exchange, is awaiting action in the Senate.

 

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Contraceptive Services

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Facilities

Introduced in 7 states

Bill Status:

Passed at least one chamber in MO

MISSOURI: In March, the House adopted a measure that would allow any health care provider or facility to refuse to participate in abortion (including medication abortion), contraceptive services or non-medically necessary sterilization if the objection is based on religious, moral or ethical beliefs. The provider or institution would be not allowed to refuse to provide these services in the case of an emergency. Current law allows a physician, nurse, midwife and hospital to refuse to provide abortion services. No further action is expected since the legislature has adjourned its regular session.

Health Professionals

Introduced in 7 states

Bill Status:

Passed at least one chamber in MO

MISSOURI: In March, the House adopted a measure that would allow any health care provider or facility to refuse to participate in abortion (including medication abortion), contraceptive services or non-medically necessary sterilization if the objection is based on religious, moral or ethical beliefs. The provider or institution would be not allowed to refuse to provide these services in the case of an emergency. Current law allows a physician, nurse, midwife and hospital to refuse to provide abortion services. No further action is expected since the legislature has adjourned its regular session.

Insurers

Introduced in 3 states

 

Pharmacies or Pharmacists

Introduced in 6 states

 

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General Medical Care

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Facilities

Introduced in 5 states

 

Health Professionals

Introduced in 5 states

 

Insurers

Introduced in 3 states

 

Pharmacists or Pharmacies

Introduced in 5 states

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REPRODUCTIVE HEALTH AND ENVIRONMENTAL HAZARDS

Bisphenol A (BPA)

Introduced in 14 states

Bill Status:

Passed at least one chamber in HI, MN, NV and NY

HAWAII: In March, the House adopted a measure that would ban the use of BPA in reusable bottles and cups for children younger than three. The bill is awaiting action in the Senate.

MINNESOTA: In April, the House adopted a measure that would prohibit the sale of food and drink containers containing Bisphenol-A (BPA) that are designed to be used by children aged 12 or younger. The ban would go into effect for wholesalers on January 1, 2014, and for retailers on January 1, 2015. The bill is pending in the Senate.

NEVADA: In April, the Assembly adopted a measure that would prohibit the sale of reusable food and drink containers designed to be used by children younger than four that include the chemical BPA. The bill would also prohibit the use of BPA in containers for infant formula or baby food. The bill is awaiting action in the Senate.

NEW YORK: In April, the Assembly adopted a measure that would expand the requirements for purchasing “healthy and green” products for state agencies to include avoidance of products that include dioxin, brominated flame retardants and BPA. The bill is awaiting action in the Senate.

 

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Dioxin

Introduced in 1 state

Bill Status:

Passed at least one chamber in NY

NEW YORK: In April, the Assembly adopted a measure that would expand the requirements for purchasing “healthy and green” products for state agencies to include avoidance of products that include dioxin, brominated flame retardants and BPA. The bill is awaiting action in the Senate.

 

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Flame Retardants

Introduced in 9 states

Bill Status:

Passed at least one chamber in MD, NY, VT and WA

MARYLAND: In March, the Senate adopted a measure that would prohibit the use of a common flame retardant referred to as TCEP in child care articles, such as strollers, mattresses and car seats, intended for use by children younger than three. The bill is awaiting action by Gov. Martin O’Malley (D).

NEW YORK: In April, the Assembly adopted a measure that would prohibit the use of common flame retardants known as TRIS or phosphate or phosphorus-bromine flame retardants in upholstered furniture designed for home use. The bill is awaiting action in the Senate.

NEW YORK: In April, the Assembly adopted a measure that would expand the requirements for purchasing “healthy and green” products for state agencies to include avoidance of products that include dioxin, brominated flame retardants and BPA. The bill is awaiting action in the Senate.

VERMONT: In March, the Senate adopted a measure that would prohibit the sale of consumer products that contain a common flame retardant known as TRIS. On July 1, upholstered furniture and products designed to be used by children less than 12 years of age would not be permitted to contain TRIS in amounts greater than 1,000 parts per million. The bill would also prohibit the sale or use of plastic shipping pallets that contain more than 0.1 percent by weight of another flame retardant, decaDBE.

WASHINGTON: In April, the Senate passed legislation that would only allow very limited amounts of the flame retardant TDCPP or TCEP in the manufacture or sale of upholstered furniture and products developed for children. No further action is expected since the legislature has adjourned its regular session.

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Lead

Introduced in 13 states

Bill Status:

Passed at least one chamber in NY

Enacted in MS

(ENACTED) MISSISSIPPI: In March, Gov. Phil Bryant (R) signed legislation that requires all renovation work that involves lead-based paint to meet certain requirements to protect human health. Current law allows a homeowner to opt out of the lead-paint abatement requirements if the home is not the residence of a child younger than six or a pregnant woman. The law goes into effect in July.

NEW YORK: In April, the Assembly adopted a measure that would prohibit the sale of children’s products (such as toys, clothes and personal care and safety items) that are designed for children aged 12 or younger, if the product contains common flame retardants, lead or mercury, among other toxicants. The bill would also allow additions to the list of banned substances to include chemicals that are identified by a state, federal or international government as “a reproductive or developmental toxicant or an endocrine disruptor.”

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Mercury

Introduced in 18 states

Bill Status:

Passed at least one chamber in MA and NY

Enacted in NM

MASSACHUSETTS: In March, the Senate adopted a measure that would revise and expand options for recycling products containing mercury. The bill would limit mercury recycling requirements to florescent light bulbs and mercury-containing thermostats and require that the seller inform the buyer if a light bulb contains mercury and provide information about options for recycling. Current law requires manufacturers and sellers of any mercury-containing product to develop an education and recycling plan.  The bill is awaiting action in the House.

(ENACTED) NEW MEXICO: In March, Gov.  Susana Martinez (R) signed legislation that requires dentists’ offices to install a mechanism to separate amalgam (a material used in filling cavities that includes mercury and other toxins) from their wastewater stream to keep the toxins from entering the public water system. The requirements go into effect at the end of 2014.

NEW YORK: In April, the Assembly adopted a measure that would prohibit the sale of children’s products (such as toys, clothes and personal care and safety items) that are designed for children aged 12 or younger, if the product contains common flame retardants, lead or mercury, among other toxicants. The bill would also allow additions to the list of banned substances to include chemicals that are identified by a state, federal or international government as “a reproductive or developmental toxicant or an endocrine disruptor.”

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Parabens

Introduced in 2 states

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Pesticides

Introduced in 4 states

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Phthalates

Introduced in 5 states

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