Advancing Sexual and Reproductive Health and Rights
 

Monthly State Update:
MAJOR DEVELOPMENTS IN 2013

(as of 04/01/2013)

 

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 April, legislatures in 42 states (AL, AK, AZ, AR, CA, CO, CT, DE, FL, HI, ID, IL, IN, IA, KS, ME, MD, MA, MI, MN, MS, MO, MT, NE, NV, NH, NJ, NY, NC, ND, OH, OK, OR, PA, RI, SC, TN, TX, VT, WA, WV and WI) and the District of Columbia were in regular session. Only one state legislature (LA) has not yet convened its regular session. Seven state legislatures (GA, KY, NM, SD, UT, VA 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:

Enacted in AR and ND

 

(ENACTED) ARKANSAS: In March, the legislature overrode Gov. Mike Beebe’s (D) veto of a measure that would ban abortion 12 weeks after the woman’s last menstrual period. The measure allows abortion when necessary to protect the woman’s life or in cases of severe physical health endangerment, rape or incest. The new law also requires the provider to test for a fetal heartbeat before an abortion through the use of an abdominal ultrasound. If a heartbeat is detected, the woman must be counseled on “the statistical probability of bringing the unborn human individual to term.” The measure will go into effect later this year.

 

(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

Click here for current status of state policy

Introduced in 7 states

Bill Status:

Passed at least one chamber in AL

Enacted in ND

 

ALABAMA: In February, the House adopted a measure that would require the state to revise the abortion clinic regulations to require that abortion providers meet the standards for ambulatory surgical centers. The bill, which also includes provisions related to hospital privileges for abortion providers, medication abortion, physician-only requirements and statutory rape reporting, is awaiting action in the Senate.

 

(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.

 

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Targeted Regulation of Abortion Providers

Introduced in 8 states

Bill Status:

Passed at least one chamber in AL and IN

 

ALABAMA: In February, the House adopted a measure that would require abortion providers to have staff and surgical privileges at a local hospital. Currently, an abortion provider must either have hospital privileges or contract with another physician who has such privileges. The bill, which also includes provisions related to clinic regulations, medication abortion, physician-only requirements and statutory rape reporting, is awaiting action in the Senate.

 

INDIANA: In February, the Senate passed an omnibus abortion measure that would require medication abortion providers to meet the same building code and licensing standards as those required for surgical abortions. The measure, which also includes provisions on medication abortion, ultrasound and physician-only requirements, is awaiting action in the House.

 

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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 3 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 2 states

Bill Status:

Passed at least one chamber in MO and TX

 

MISSOURI: In March, the House passed an appropriations bill that allocates more than $1.6 million for alternatives-to-abortion services for pregnant women. The measure is awaiting action in the Senate.

 

TEXAS:  In March, the Senate passed a measure that allocates more than $4 million to alternatives-to-abortion services in both FY 2014 and FY 2015. The measure, which also restricts and allocates funds for family planning services and the new women’s health program, is awaiting action in the House.

 

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

Bill Status:

Passed at least one chamber in MN

Enacted in AR

 

(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.

 

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Private Insurance Coverage of Abortion

Click here for current status of state policy

Introduced in 9 states

Bill Status:

Passed at least one chamber in GA, 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.” The measure is awaiting concurrence in the House.

 

KANSAS: In March, the House passed an omnibus reproductive health bill that includes a provision that would prohibit 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 bill would also amend the state laws on abortion counseling, state employee and facility participation in abortion, tax credits for organizations that provide abortions, and sex education. The measure is currently awaiting action in the Senate.

 

SOUTH CAROLINA: In March, the House passed a measure that would continue 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. In a new twist, the measure would permit taxpayer dollars to be used to pay only for abortions in cases of life endangerment: the cost of abortions in cases of rape or incest would be covered by employees’ premiums. The bill, which also provides funding for family planning services, 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 7 states

Bill Status:

Passed at least one chamber in AK and MD

 

ALASKA: In March, both chambers approved versions of an appropriations bill that would limit Medicaid funding for abortion to cases of rape, incest or life endangerment. Currently, the state is under a court order to fund all medically necessary abortions, which supersedes the provision in the budget. The bill is currently in conference committee.

 

MARYLAND: In March, both chambers approved versions of an appropriations bill that would reenact current restrictions limiting public funding of abortion to cases of incest, rape, life or health endangerment and fetal impairment. The bill is currently in conference committee.

 

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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

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Introduced in 2 states

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Restricts Abortion After Specific Gestational Age

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Introduced in 12 states

Bill Status:

Passed at least one chamber in ND

Enacted in AR

 

(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.

 

NORTH DAKOTA: In March, the House passed a measure that would ban abortion at 20 weeks after fertilization based on an assumption that a fetus can feel pain at that point of development. The law would permit abortions after that point to protect the woman’s life or to avert “substantial and irreversible” damage to her physical health. The measure, which also contains special reporting provisions and places restrictions on family planning funds, is awaiting the report of a conference committee.

 

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Mandatory Counseling and Waiting Periods Before Abortion

State-Directed Counseling

Click here for current status of state policy

Introduced in 5 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 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, which also includes ultrasound requirements, is awaiting action in the House.

 

KANSAS: In March, the House passed an omnibus reproductive health bill that would amend the state’s 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 bill would also amend the state laws on abortion coverage, state employee participation in abortion, tax credits for organizations that provide abortions, and sex education. The measure is currently awaiting action in the Senate.

 

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Requirements for State-Directed Counseling Followed by a Waiting Period

Click here for current status of state policy

Introduced in 13 states

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. The measure is awaiting action in the House.

 

(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 9 states

Bill Status:

Passed at least one chamber in AL, IN and MS

 

ALABAMA: In February, the House adopted an omnibus abortion measure that would require a physician to examine a patient in person before prescribing medication for abortion, effectively banning telemedicine. The bill also includes provisions on clinic regulation, hospital privileges for abortion providers, physician-only requirements and statutory rape reporting. The bill is currently awaiting action in the Senate.

 

INDIANA: In February, the Senate passed an omnibus abortion measure that would prohibit the use of telemedicine to administer medication for abortion. The measure, which also includes provisions on clinic regulation, ultrasound and physician-only requirements, is awaiting action in the House.

 

MISSISSIPPI: In March, the House passed a measure that would prohibit physicians from prescribing medication for abortion remotely through telemedicine. The measure is awaiting concurrence by the Senate.

 

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Parental Involvement in Minor's Abortions

Parental Consent Requirements

Click here for current status of state policy

Introduced in 7 states

Bill Status:

Passed at least one chamber in AR, MT and OK

 

ARKANSAS: In March, the Senate passed a measure that would make it a crime to intentionally assist a minor in obtaining an abortion without the parental consent mandated by state law, even if the procedure was performed in a state where parental involvement was not required. The bill, which would also mandate that reproductive health clinics report child sexual abuse and require the preservation of fetal tissue when minors younger than 14 have an abortion, is awaiting concurrence from the House.

 

MONTANA: In February, the House passed a measure that would require notarized written consent from a parent before a minor obtains an abortion. Montana law currently requires the abortion provider to notify a parent about the abortion. The 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 measure, which also includes a provision that would require minors to certify they are not being coerced into an abortion, is awaiting action in the Senate.

 

OKLAHOMA: In March, the House passed a measure that would further limit the ability of a minor to obtain an abortion. The measure would require a parent to provide government-issued identification and prove parental status via “written documentation.”  The measure would allow a minor to file for judicial bypass only in a district court in her county of residence, would allow 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 measure is awaiting action in the Senate.

 

OKLAHOMA: In March, the House passed a measure that would further limit the ability of a minor to obtain an abortion by requiring parental notification after an abortion performed in the case of a medical emergency and in all instances of sexual abuse except those committed by a parent. Current law allows a minor to seek a judicial waiver of the notification in 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 measure is currently awaiting action in the Senate.

 

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Parental Notification Requirements

Click here for current status of state policy

Introduced in 6 states

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Physicians

Physician Liability

Introduced in 4 states

Bill Status:

Passed at least one chamber in KS

 

KANSAS: In March, the Huuse passed a measure that would allow a medical professional to withhold information from a woman about her pregnancy that may have resulted in her obtaining an abortion. The measure is awaiting action by Gov. Sam Brownback (R).

 

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Physician-Only Requirements for Surgical and Medication Abortion

Click here for current status of state policy

Introduced in 8 states

Bill Status:

Passed at least one chamber in AL and IN

Enacted in ND

 

INDIANA: In February, the Senate passed an omnibus abortion measure that would limit the provision of medication abortion to physicians licensed in Indiana. The measure, which also includes provisions on clinic regulations, ultrasound and medication abortion, is awaiting action in the House.

 

(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, goes into effect in August.

 

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Prohibiting Coercing a Woman into Having an Abortion

Introduced in 4 states

Bill Status:

Passed at least one chamber in MT

 

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 measure, which also includes a parental consent requirement, is awaiting action in the House.

 

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Protecting Access

Attempts to Repeal Abortion Restrictions

Introduced in 6 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 1 state

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Repealing Pre-Roe Abortion Laws

Introduced in 1 state

Bill Status:

Passed at least one chamber in CO

 

COLORADO: In March, the House passed a measure that would repeal the state’s pre-Roe abortion restriction. The bill would also amend the statute that criminalizes assault on a pregnant woman. It is awaiting action in the Senate.

 

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Reporting Requirements

Abortion Reporting

Click here for current status of state policy

Introduced in 17 states

Bill Status:

Passed at least one chamber in MS, ND and OK

Enacted in AR

 

(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.

 

MISSISSIPPI: In February, the Senate passed a measure that would revise the state’s abortion reporting requirements for medication abortions. The measure would require 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, is awaiting action in the House.

 

NORTH DAKOTA: In March, the House passed a measure that would revise the state’s abortion reporting requirements for abortions performed at 20 weeks postfertilization. The measure would require providers to report the medical diagnosis that necessitated the procedure after that point. The 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 and places restrictions on family planning funds, is awaiting the report of a conference committee.

 

OKLAHOMA: In March, the House passed a measure that would revise the state’s abortion reporting requirements to include information on the sex of the fetus, whether the woman had had an ultrasound, if 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 would also be required to include an image from the ultrasound if one had been performed. The measure is awaiting action in the Senate.

 

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Minors Reporting

Introduced in 5 states

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Self-Induced Abortion

Introduced in 2 states

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Sex and Race Selection

Introduced in 14 states

Bill Status:

Passed at least one chamber in KS

Enacted in ND

 

KANSAS: In February, the Senate approved 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 House.

 

(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 will go into effect in August.

 

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State Employee and Facility Participation in Abortion

Introduced in 4 states

Bill Status:

Passed at least one chamber in KS

 

KANSAS: In March, the House passed an omnibus reproductive health bill that would prohibit 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 bill would also amend the state laws on abortion coverage, tax credits for organizations that provide abortions, abortion counseling and sex education. The measure is currently awaiting action in the Senate.

 

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Tax Credit Program Excludes Organizations That Provide Abortion Services

Introduced in 1 state

Bill Status:

Passed at least one chamber in KS

 

KANSAS: In March, the House passed an omnibus reproductive health bill that would amend the tax code to prohibit an organization that provides abortions from claiming tax credits for any business-related expenses. The bill would also amend the state laws on abortion coverage, state employee participation in abortion, abortion counseling and sex education. The measure is currently awaiting action in the Senate.

 

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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 March, NORTH DAKOTA: In March, the House adopted a measure 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. The bill which would also limit abortion at or beyond 20 weeks’ gestation, amend the state’s abortion reporting law and places restrictions on family planning funds, is awaiting action in a conference committee.

 

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Ultrasound Requirements

Click here for current status of state policy

Introduced in 16 states

Bill Status:

Passed at least one chamber in IN and KY

 

INDIANA: In February, the Senate passed an omnibus abortion measure that would require 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, is awaiting action in the House.

 

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, which also amends abortion counseling requirements, is awaiting action in the House.

 

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. The measure is awaiting action in the House.

 

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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 February, the House 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.  The measure is awaiting action in the Senate.

 

KENTUCKY: In February, the House passed a measure that would require children entering sixth grade to be vaccinated against HPV unless their parents decline. The bill is awaiting action in the Senate.

 

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Sex Education

Click here for current status of state policy

Introduced in 24 states

Bill Status:

Passed at least one chamber in CO, HI, KS, MS MT, NH, PA and WA

Enacted in IL

 

COLORADO: In March, the Senate adopted a measure that would require sex education in the state to be scientifically proven to delay sexual debut, reduce adolescents’ number of sexual partners and sexual frequency, or increase their contraceptive use. These requirements would effectively prohibit abstinence-only instruction. The bill would also allocate funds for sex education. The bill is awaiting action by Gov. John Hickenlooper (D).

 

HAWAII: In March, the House adopted a measure that would include instruction on skills for building healthy relationships, making decisions and talking to family members about sex. It would also prohibit instruction from discriminating "on the basis of sex, race, ethnicity, national origin, disability, religion, sexual orientation or gender identity." The measure is awaiting action in the Senate.

 

(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.

 

KANSAS: In March, the House passed an omnibus reproductive health bill that would prohibit 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 bill would also amend the state laws on abortion coverage, tax credits for organizations that provide abortions, abortion counseling and state employee participation in abortion. The measure is currently awaiting action in the Senate.

 

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; the bill is awaiting action in a conference committee.

 

MONTANA: In February, the House adopted a measure that would require parental consent before a student may participate in sex education. The bill is awaiting action in the Senate.

 

NEW HAMPSHIRE: In March, the House 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. The bill is awaiting action in the Senate.

 

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.

 

WASHINGTON: In March, the House adopted a measure that would require information on the laws related to sexual offenses when a minor is a victim.  The bill is awaiting action in the Senate.

 

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Statutory Rape Reporting

Introduced in 4 states

Bill Status:

Passed at least one chamber in AL, AR and MS

 

ALABAMA: In February, the House adopted an omnibus abortion bill that would require an abortion provider to ask a minor younger than16 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 would require the provider to report the names and ages of the pregnant minor and her partner to the state.

 

ARKANSAS: In March, the Senate passed a measure that would mandate that employees or volunteers of organizations that provide reproductive health services report child abuse. The bill, which would also criminalize assisting a minor seeking an abortion without parental consent and require the preservation of fetal tissue when minors younger than14 have an abortion, is awaiting concurrence from the House.

 

MISSISSIPPI: In March, the legislature adopted 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 is awaiting action from Gov. Phil Bryant (R).

 

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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 7 states

Bill Status:

Passed at least one chamber in KS, ND and TX

 

KANSAS: In March, the House passed two measures that would require state agencies to dispense family planning funds using a priority-based system. Facilities run by health agencies would have the highest priority. Private hospitals and federally qualified health centers could 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, is awaiting action in the Senate.

 

NORTH DAKOTA: In March, the House adopted a measure that would prohibit 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 bill would also prohibit 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. The measure, which would also limit abortion at or beyond 20 weeks’ gestation, and amend the state’s abortion reporting law, is awaiting action in a conference committee.

 

TEXAS: In March, the Senate passed 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. Under this system, health departments have top priority, followed by community health centers; family planning centers can apply for any funds that remain. The bill also continues the requirement that agencies receiving state funding must obtain parental consent before providing minors with prescription contraceptives. The measure also includes funding for family planning, the new women’s health program and alternatives-to-abortion services. The bill is awaiting action in the House.

 

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Budget Bills: Family Planning Line Items

Introduced in 14 states

Bill Status:

Passed at least one chamber in KS, SC and TX

 

KANSAS: In March, the House passed two measures that would allocate 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 would also reenact a priority-based system for distributing family planning funds, is awaiting action in the Senate.

 

SOUTH CAROLINA: In March, the House passed a measure that would allocate nearly $24 million for family planning services; this is essentially the same as the current funding level. The bill, which would also reenact restrictions on abortion coverage in the state employee health plan, is awaiting action by the Senate.

 

TEXAS: In March, the Senate passed a measure that allocates nearly $38 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 women’s health program and alternatives to abortion. The bill is awaiting action in the House.

 

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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

Click here for current status of state policy

Introduced in 3 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:

Passed at least one chamber in HI

 

HAWAII: In March, the House and the Senate passed nearly identical measures that would require 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 bills are awaiting action in the opposite chambers.

 

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Restricting Access to Emergency Contraception

Introduced in 1 state

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Insurance Coverage

Contraceptive Coverage

Click here for current status of state policy

Introduced in 10 states

Bill Status:

Passed at least one chamber in AL and OK

 

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. The bill 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

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Introduced in 8 states

Expands access in 7 states

Repeal of Expansion in 1 state

 

Bill Status:

Passed at least one chamber in 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. 

 

TEXAS: In March, the Senate passed a measure that allocates $50 million for each of the next two years for a state-run women’s health program 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 the use of family planning funds and allocates funds for family planning services and alternatives to abortion.  The bill is awaiting action in the House.

 

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 3 states

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Partner Treatment for Sexually Transmitted Infections

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Introduced in 6 states

Bill Status:

Passed at least one chamber in HI, VT and WV

 

HAWAII: In March, the Senate passed 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 is awaiting action in the House.

 

VERMONT: In March, the Senate passed a measure that would expand 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 including additional STIs. The department of health would be required to determine which STIs will be included under the law. The bill is awaiting action in the House.

 

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. The bill is awaiting action in the House.

 

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Pharmacy or Pharmacist Requirements to Dispense Contraception

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Introduced in 5 states

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PREGNANCY & BIRTH

Fetal and Pregnant Woman Assault

Introduced in 11 states

Bill Status:

Passed at least one chamber in AR, CO and MT

 

ARKANSAS: In March, the legislature passed a measure that would expand 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 would 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 bill is awaiting action by Gov. Mike Beebe (D).

 

COLORADO: In March, the House passed a measure that would amend the state’s statute that criminalizes assault on a pregnant woman. The bill would include 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 bill is awaiting action in the Senate.

 

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 3 states

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Infant Abandonment

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Introduced in 4 states

Bill Status:

Enacted in NM

 

(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 goes into effect in June.

 

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Infertility Coverage

Introduced in 5 states

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Non-Medical Use of Ultrasound

Introduced in 0 states

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Stillbirth Certificates

Introduced in 8 states

Bill Status:

Passed at least one chamber in NM

 

NEW MEXICO: In March, the legislature passed a measure that would allow a parent who loses a fetus after 20 weeks of pregnancy to obtain a certificate of birth resulting in a stillbirth. The bill is awaiting action by Gov. Susana Martinez (R).

 

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Substance Abuse During Pregnancy

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Introduced in 16 states

Bill Status:

Passed at least one chamber in IN, MD, NM and TN

 

INDIANA: In March, the House passed a measure that would allocate nearly $250,000 for “prenatal substance use and prevention.” The bill is awaiting action in the Senate.

 

MARYLAND: In March, the House passed a measure that would require a health care provider to report the delivery of an infant exposed to controlled substances to a local social services office. The report alone would not automatically trigger a child abuse or neglect investigation. The bill is awaiting action in the Senate.

 

NEW MEXICO: In March, the legislature passed a measure that would allow 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. The bill is awaiting action by Gov. Susana Martinez (R). 

 

TENNESSEE: In March, the Senate passed a measure that would require publicly funded substance abuse facilities to give preference to pregnant women. The bill would also require any facility capable of treating a pregnant woman to provide her with treatment. Also, the bill would prohibit 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 bill is awaiting action in the House.

 

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REFUSAL CLAUSES

Abortion Services

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Facilities

Introduced in 6 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. The bill is awaiting action in the Senate.

 

Health Professionals

Introduced in 8 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. The bill is awaiting action in the Senate.

 

Insurers

Introduced in 3 states

 

Pharmacists or Pharmacies

Introduced in 7 states

 

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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. The bill is awaiting action in the Senate.

 

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. The bill is awaiting action in the Senate.

 

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 12 states

Bill Status:

Passed at least one chamber in HI

 

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.

 

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Dioxin

Introduced in 0 states

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Flame Retardants

Introduced in 8 states

Bill Status:

Passed at least one chamber in MD, VT and WA

 

MARYLAND: In February, the House 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 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. As of July, upholstered furniture and products designed to be used by children less than 12 years of age may only contain very limited amounts of TRIS. 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 March, the House passed legislation that would only allow very limited amounts of the flame retardant TRIS or any flame retardant that is considered by the state to be a chemical of high concern in the manufacture or sale of upholstered furniture and products developed for children. The bill is awaiting action in the Senate.

 

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Lead

Introduced in 10 states

Bill Status:

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.

 

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Mercury

Introduced in 13 states

Bill Status:

Enacted in NM

 

(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.

 

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Parabens

Introduced in 2 states

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Pesticides

Introduced in 3 states

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Phthalates

Introduced in 5 states

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