Advancing Sexual and Reproductive Health and Rights
 

Monthly State Update:
MAJOR DEVELOPMENTS IN 2015

(as of 5/1/2015)

 

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

 

For a state-by-state chart of legislation enacted in 2015, 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 18 states

CO, FL, IA, KS, LA, MI, MO, MS, MT, NH, NY, OH, OK, SC, SD, TX, WA and WV

       Passed at least one chamber in MT, OH and SD

       Enacted in KS and OK

 

(ENACTED) KANSAS: In April, Gov. Sam Brownback (R) approved a bill designed to ban most abortions after the first trimester by limiting how a second-trimester abortion can be provided. The ban, which allows for exceptions only to save the woman’s life or to “avert serious risk of substantial and irreversible physical impairment of a major bodily function,” is scheduled to go into effect July 1.  

 

MONTANA: In March, the House passed a measure that would place on the November 2016 ballot a constitutional amendment that would define “person” as “all members of the species Homo sapiens at any stage of development, including the stage of fertilization or conception, regardless of age, health, level of functioning, or condition of dependency.” The measure is awaiting action in the Senate.

 

OHIO: In March, the House passed a bill that would ban any abortion after a fetal heartbeat is detected, which is generally at six weeks after the woman’s last menstrual period. The measure, which awaits action in the Senate, would also ban all abortion if Roe v. Wade is overturned.

 

(ENACTED) OKLAHOMA: In April, Gov. Mary Fallin (R) approved a bill designed to ban most abortions after the first trimester by limiting how a second-trimester abortion can be provided. The ban allows for exceptions only to save the woman’s life or to “avert serious risk of substantial and irreversible physical impairment of a major bodily function.” The ban is scheduled to go into effect in November.

 

SOUTH DAKOTA: In February, the House passed a measure “recognizing the sanctity of human life.” The measure originally would have banned most abortions in the second trimester. The bill awaits action in the Senate.

 

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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 8 states

AZ, AR, CO, FL, ID, IA, MD and NM

       Enacted in AZ and AR

 

(ENACTED) ARIZONA: In March, Gov. Doug Ducey (R) signed a measure that requires an abortion provider to have admitting privileges at a local hospital to obtain or renew his or her medical license. (Existing regulations require that abortion providers either have admitting privileges at a hospital or an agreement with a physician who has such privileges.) The bill, which also adds to abortion counseling requirements and amends the law limiting coverage of abortion in the health exchange, takes effect in July 2015.

 

(ENACTED) ARKANSAS: In March, both chambers passed and Gov. Asa Hutchinson (R) signed a bill that requires a provider administering a medication abortion to have an agreement with another provider who has admitting privileges at a hospital. The law, which also includes other restrictions on the provision of medication abortion, is scheduled to take effect in January 2016.

 

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Targeted Regulation of Abortion Providers

Click here for current status of state policy

Introduced in 19 states

AL, AR, CO, IN, IA, MA, MI, MN, MO, MT, NE, NY, NC, OK, OR, SC, TN, TX and VA

       Passed at least one chamber in IN, MO, MT, OK, SC, TN, TX, VA and WI

       Enacted in AR

       Vetoed in MT

     

ARKANSAS: In March, the Senate passed a bill that would require the health department to perform at least annual inspections of clinics’ facilities and procedures, as well as medical records and informed consent signatures. If a clinic were to fail an inspection, which can be unannounced, the department could close the clinic immediately. The bill is awaiting action in the House.

 

(ENACTED) ARKANSAS: In March, Gov. Asa Hutchinson (R) signed into law a measure that requires specific and costly procedures for the disposal of fetal remains. The law takes effect in July 2015.

 

INDIANA: In March, the House passed a bill that would regulate any physician’s office administering five or more medication abortions per year as an ambulatory surgical center. (In 2014, a similar law was struck down by a federal court.) The bill, which also includes an abortion reporting provision, is awaiting action by Gov. Mike Pence (R).

 

INDIANA: In April, the House passed a bill requiring that prior to obtaining an abortion, a woman must consent in writing to the method used to dispose of fetal remains. The bill, which would also require the state to develop regulations for the disposal of fetal remains, is awaiting action by Gov. Mike Pence (R).

 

MISSOURI: In February, the House passed a bill that would require all ambulatory surgical centers that perform at least five first-trimester abortions or any second- or third-trimester abortions to be inspected at least annually. The bill is awaiting action in the Senate.

 

MONTANA: In April, Gov. Steve Bullock (D) vetoed a bill that would have required fetal anesthesia for any abortion or fetal surgery occurring at or after 20 weeks postfertilization (22 weeks LMP). The measure would also have required women to undergo counseling concerning fetal pain and physicians to report if anesthesia was administered.

 

OKLAHOMA: In March, the Senate passed a bill that would require clinic inspections for abortion clinics, including unannounced inspections. If a clinic were to fail an inspection, which can include compliance with fire ordinances and administrative rules, the health department could close the clinic immediately.

 

SOUTH CAROLINA: In March, the House passed the state’s budget bill that would reenact a provision requiring abortion providers to report to the state the physicians that have admitting privileges at a hospital and to report abortion complications. The bill also includes funding for abstinence education and family planning services, and would continue a long-standing provision that limits abortion coverage in the state employees’ health plan. The bill is in the Senate.

 

TENNESSEE: In April, both chambers passed a bill that would require any facility providing surgical abortions to meet the structural and staffing requirements established for ambulatory surgical centers. The bill is awaiting action by Gov. Bill Haslam (R).

 

TEXAS: In March, the Senate passed a bill that would allow the state to deny a clinic license if a previous license was revoked, suspended or terminated for any reason including administrative infractions. The bill is awaiting action in the House.

 

VIRGINIA: In February, the House passed a version of the budget bill that would have barred the state health department from revising the regulations for abortion facilities. This and another amendment severely limiting public funding of abortion under Medicaid were removed from the bill in conference with the Senate. The bill, which also includes funding for family planning services, is awaiting the signature of Gov. Terry McAuliffe (D).

 

WISCONSIN: In March, a federal judge struck down a 2013 law requiring abortion providers have admitting privileges with a hospital that is within 30 miles of the abortion facility. The ruling stated that any “marginal benefit to women’s health” by requiring admitting privileges would be “substantially outweighed” by the restrictions it would place on access to abortion.

 

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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 2 states

IL and MI

       Passed at least one chamber in MI

 

MICHIGAN: In March, the House approved a bill that would authorize the sale of license plates for projects that promote alternatives to abortion. The bill awaits action in the Senate.

 

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Regulation of Crisis Pregnancy Centers

Introduced in 5 states

AZ, CA, MO, NY and TX

     Passed at least one chamber in KS and MO

 

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State Funding of Alternatives-to-Abortion Services

Introduced in 5 states

KS, MO and TX

       Passed at least one chamber in KS, MI and TX

 

KANSAS: In March, both chambers passed the state budget bill that would allocate more than $330,000 to services that promote childbirth. The bill, which also allocates funding for family planning services and reenacts a priority-based system for distributing that funding, is in conference committee for unrelated reasons.

 

MICHIGAN: In April, the House passed a budget bill that allocates $50,000 to pregnancy support services, including alternative-to-abortion services. The bill, which also includes funding for family planning services and restrictions on which entities could receive family planning funding, is awaiting action in the Senate.

 

TEXAS: In April, the House passed a version of the state’s budget bill, which includes a provision that would allocate more than $5 million to alternatives-to-abortion services for each of the next two fiscal years. The version that passed the Senate would allocate more than $9 million to these services. The bill, which would also allocate funds for abstinence education, as well as restrict and allocate funds for family planning services, is in conference committee.

 

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

AZ, IA, MS, RI, TX and WV

       Enacted in AZ

 

(ENACTED) ARIZONA: In March, Gov. Doug Ducey (R) signed a measure designed to repair a perceived flaw in the existing restriction on abortion coverage and ensure that the abortion coverage restriction applies to the federal exchange in Arizona. The law also removes the option to purchase a rider for insurance coverage of abortion on the state health exchange. Abortion coverage is already banned on the exchange, except in cases of rape, incest, life endangerment or risk of “substantial or irreversible physical impairment of a major bodily function.” The law, which also strengthens the requirement that providers have hospital admitting privileges and adds to the abortion counseling requirements, takes effect in July.

 

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Private Insurance Coverage of Abortion

Click here for current status of state policy

Introduced in 8 states

IA, MS, MT, NH, PA, SC, TX and WV

       Passed at least one chamber in MT, SC and WA

 

MONTANA: In April, Gov. Steve Bullock (D) vetoed a bill that would have required health insurance carriers that offer plans covering abortion services to also provide plans without coverage for abortion. 

 

SOUTH CAROLINA: In March, the House passed the state’s budget bill 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. The bill also includes funding for abstinence education and family planning services, and would reenact abortion reporting requirements. The bill is in the Senate.

 

WASHINGTON: In March, the House passed a bill that would require all health plans—including plans in the exchange—that provide coverage for maternity care or services to also include substantially equivalent coverage for abortion services. The bill, which also strengthens the contraceptive coverage requirement, is 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 10 states

AK, MD, MI, MN, MO, NH, OR, PA, VA and WV

       Passed at least one chamber in VA and AK

       Enacted in MD

 

ALASKA: In April, both chambers agreed to a version of a budget bill that would attempt to 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. The bill is awaiting action by Gov. Bill Walker (I).

 

(ENACTED) MARYLAND: In April, both chambers agreed upon a final version of a budget bill that reenacts current restrictions limiting public funding of abortion to cases of incest, rape, life or health endangerment and fetal impairment. Gov. Larry Hogan (R) does not need to sign the bill because in Maryland, a budget bill that has passed both chambers does not require the governor’s approval. The next fiscal year begins in July.

 

VIRGINIA: In February, the House passed a version of the budget bill that would have allowed for public funding of abortion under Medicaid only in cases of life endangerment. This and another amendment barring the state health department from revising regulations for abortion facilities were removed from the bill in conference with the Senate. The bill, which also includes funding for family planning services, is awaiting the signature of Gov. Terry McAuliffe (D).

 

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Requiring Abortion Coverage

Introduced in 3 states

NY, OR and WA

 

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Later Term Abortion

'Partial-Birth' Abortion

Click here for current status of state policy

Introduced in 1 state

MA

 

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'Postviability' Abortion

Click here for current status of state policy

Introduced in 2 states

FL, NM

     Passed at least one chamber in NM

 

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Restricts Abortion at 20 Weeks Postfertilization or at Another Specific Gestational Age

Click here for current status of state policy

Introduced in 13 states

IL, IA, KY, MA, MD, NH, NJ, OH, OR, SC, TX, VA and WV

Passed at least one chamber in SC

Enacted in WV

 

SOUTH CAROLINA: In February, the House passed a bill that would ban abortion at 20 weeks postfertilization (or 22 weeks LMP) except in cases of life endangerment or risk of a “substantial and irreversible physical impairment of a major bodily function.” The bill, which awaits action in the Senate, also addresses abortion reporting requirements.

 

(ENACTED) WEST VIRGINIA: In March, the legislature overrode Gov. Earl Ray Tomblin’s (D) veto of a measure that would ban abortions at and after 22 weeks LMP, with exceptions to protect the woman’s life, avert “substantial and irreversible physical impairment of a major bodily function” or to terminate a pregnancy deemed “medically futile” due to fetal anomaly.

 

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Mandatory Counseling and Waiting Periods Before Abortion

State-Directed Counseling

Click here for current status of state policy

Introduced in 15 states (These bills may overlap with bills that require a waiting period.)

AZ, AR, CO, IA, IN, MA, MI, MO, MT, NE, NM, NY, OK, TN and TX

Passed at least one chamber in AR, MT, OK and TN

Enacted in AZ and AR

Including:

Information that the fetus can feel pain—5 states

Inaccurate information on abortion and risk of breast cancer2 states

Information that the fetus is a person—2 states

 

(ENACTED) ARIZONA: In March, Gov. Doug Ducey (R) signed a measure that requires providers performing medication abortion to counsel patients that a medication abortion can be stopped after the woman has taken the first dose of pills, even though this claim has not been scientifically proven. The law, which also strengthens the requirement that providers have hospital admitting privileges and amends the law limiting coverage of abortion in the health exchange, takes effect in July.

 

(ENACTED) ARKANAS: In April, Gov. Asa Hutchinson (R) signed into law a measure that requires abortion counseling to include misleading and inaccurate information on fetal pain, negative mental health outcomes of abortion and the possibility of stopping a medication abortion after the woman has taken the first dose of pills. The law, which goes into effect in June, also extends the state’s waiting period to 48 hours.

 

MONTANA: In April, Gov. Steve Bullock (D) vetoed a bill that would have required abortion counseling to include misleading and inaccurate information on fetal pain, as well as fetal anesthesia for any abortion or fetal surgery occurring at or after 20 weeks postfertilization (22 weeks LMP).

 

OKLAHOMA: In April, the Senate approved a bill that would add the following sentence to the state’s abortion counseling materials: “Abortion shall terminate the life of a whole, separate, unique, living human being.” The measure, which also extends the state’s abortion waiting period from 24 to 72 hours, awaits action by Gov. Mary Fallin (R).

 

TENNESSEE: In April, the legislature adopted a measure that would establish abortion counseling requirements, including the inclusion of information on the risks and benefits of abortion and pregnancy and resources to assist women throughout pregnancy. The bill would also require a woman to receive the counseling at the facility at least 48 hours before the abortion, thereby requiring her to make two visits to access abortion services. The bill is awaiting action by Gov. Bill Haslam (R).

 

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Requirements for Waiting Period before an Abortion

Click here for current status of state policy

Introduced in 14 states (These bills may overlap with bills that require abortion counseling.)

AR, CO, FL, IA, KY, MA, MS, NM, NY, NC, OK, TN and TX

        Passed at least one chamber in FL, KY, NC, OK and TN

        Enacted in AR

Including:

Requiring a woman to make two trips to the clinic4 states

 

(ENACTED) ARKANAS: In April, Gov. Asa Hutchinson (R) signed into law a measure that extends the state’s waiting period to 48 hours. (Currently, women must receive abortion counseling the day before.) The law, which goes into effect in June, also requires abortion counseling to include medically inaccurate and misleading information on fetal pain, negative mental health outcomes of abortion and the possibility of stopping a medication abortion after the woman has taken the first dose of pills.

 

FLORIDA: In April, the legislature approved a measure that would impose a 24-hour waiting period on a woman seeking an abortion. The woman would also obtain in-person counseling at the clinic and the abortion, which would require her to make two trips, one for the counseling and the other for the abortion. The measure, which would allow an exception if the woman has documentation that the pregnancy is the result of rape or incest, awaits action by Gov. Rick Scott (R).

 

KENTUCKY: In January, the Senate approved a bill that would require in-person counseling 24 hours before an abortion can be obtained, thereby requiring the woman to make at least two trips to the facility. The bill is awaiting action in the House.


NORTH CAROLINA: In April, a measure that would impose a mandatory 72-hour waiting period passed the House. Currently, the state requires a woman to wait at least 24 hours before obtaining an abortion. The bill, which also amends abortion reporting requirements, awaits action in the Senate.

 

OKLAHOMA: In April, the Senate approved a bill that would increase the state’s mandatory waiting period for an abortion from 24 hours to 72 hours. A patient could choose to receive the counseling materials over the phone or in the mail, but must receive them a minimum of 72 hours before her abortion. The measure, which also adds to the state’s abortion counseling requirements, awaits action by Gov. Mary Fallin (R).

 

TENNESSEE: In April, the legislature adopted a measure that would require a woman to receive abortion counseling at the facility and then wait at least 48 hours before obtaining an abortion. The bill would also specify information for abortion counseling, including information on the risks and benefits of abortion and pregnancy and resources to assist women throughout pregnancy. The bill is awaiting action by Gov. Bill Haslam (R).

 

 

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Medication Abortion

Click here for current status of state policy

Introduced in 6 states

AR, ID, IA, MN, MT and SC

Enacted in AR and ID

Vetoed in MT

 

(ENACTED) ARKANSAS: In February, the legislature approved and Gov. Asa Hutchinson (R) signed into law a measure banning the provision of medication abortion through telemedicine. The law will take effect in June.

 

(ENACTED) ARKANSAS: In March, both chambers passed and Gov. Asa Hutchinson (R) signed a bill that requires providers to follow the outdated FDA protocol when providing medication abortion and prohibits the use of telemedicine to administer medication for abortion. The law, which also requires providers administering a medication abortion to an agreement with another provider who has admitting privileges at a hospital, is scheduled to take effect in January 2016.

 

(ENACTED) ARKANSAS: In April, Gov. Asa Hutchinson (R) signed into law a bill that regulates telemedicine generally and explicitly prohibits the provision of medication abortion via telemedicine. The measure is in effect.

 

(ENACTED) ARKANSAS: In April, Gov. Asa Hutchinson (R) signed into law a measure that bans the provision of medication abortion through telemedicine. The law will take effect in June.

 

(ENACTED) IDAHO: In April, Gov. Butch Otter (R) approved a bill banning the provision of medication abortion through telemedicine. The measure goes into effect July 1.

 

MONTANA: In April, Gov. Steve Bullock (D) vetoed a bill that would have banned the use of telemedicine to provide medication abortion. Montana does not currently have any telemedicine abortion providers.

 

 

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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

AR, CO, IN, ME, MO, OK, TX, WV

     Passed at least one chamber in CO and OK

     Enacted in AR

 

(ENACTED) ARKANSAS: In April, Gov. Asa Hutchinson (R) signed a law that amends the state’s parental consent requirement for minors obtaining an abortion to require that a parent seeking to consent provide proof of parenthood, such as a birth certificate. The law also mandates that prior to waiving the state’s parental consent requirement, a judge must use specific criteria to determine if there is “clear and convincing evidence” that a minor is sufficiently mature or that the abortion is in her best interests. The law also requires that a minor file the petition in a court in the county where she resides. The law takes effect in January 2016.

 

COLORADO: In February, the Senate passed a bill that would establish a parental bill of rights requiring written parental consent before a minor could receive any form of health care, including abortion. The bill, which allows for exceptions only if the minor’s life is in danger or if the parent is unreachable, is awaiting action in the House.

 

OKLAHOMA: In March, the Senate passed a bill that would make it a crime to intentionally assist a minor in obtaining an abortion without the parental consent mandated by state law. The bill, which also includes a provision on inspections of facilities providing abortion, is awaiting action in the House.

 

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Parental Notification Requirements

Click here for current status of state policy

Introduced in 8 states

CT, NV, NJ, NM, NY, VT, WA and WV

     Passed at least one chamber in NV and NM

 

NEVADA: In April, the Assembly passed a bill that would require parental notification for all minors’ abortions, except in instances of life endangerment or risk of a “substantial and irreversible physical impairment of a major bodily function.” The bill is awaiting action in the Senate.

 

NEW MEXICO: In March, the House passed a bill that would have required parental notification for all minors’ abortions, except in instances of life endangerment, rape and incest. The bill, which would also have expanded the ability for individuals and facilities to refuse to participate in abortion services, died in the Senate.

 

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Physicians

Physician Liability

Introduced in 1 state

OK

 

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Physician-Only Requirements for Surgical and Medication Abortion

Click here for current status of state policy

Introduced in 5 states

AR, ID, MN, NC and SC

       Passed at least one chamber in AR

 

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Prohibiting Coercing a Woman into Having an Abortion

Introduced in 4 states

CT, NE, ND and TX

        Eacted in ND

 

(ENACTED) NORTH DAKOTA: In April, Gov. Jack Dalrymple (R) signed into law a measure that bans coerced abortion and adds penalties for providers if a patient terminates a pregnancy as a result of coercion. The law takes effect in August.

 

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Protecting Access

Attempts to Repeal Abortion Restrictions

Introduced in 9 states

AZ, GA, IL, MA, MI, NY, RI, TX and VA

 

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Clinic Access

Click here for current status of state policy

Introduced in 2 states

NH and NY

      Passed at least one chamber in NH

 

NEW HAMPSHIRE: In March, the House approved a bill that would repeal the state’s existing buffer zones surrounding reproductive health care clinics. The state enacted a 25-foot buffer zone around sidewalks, entrances, exits and driveways of reproductive health care facilities in 2014, but is not enforcing the law currently.

 

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Ensuring Legal Access to Abortion

Click here for current status of state policy

Introduced in 2 states

     NY and RI

 

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Protecting Patients, Physician and Employees from Interference in Medical Care

Introduced in 7 states and the District of Columbia

AZ, MI, MO, NY, OH, VA and WA

       Passed at least one chamber in DC

 

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Repealing Pre-Roe Abortion Laws

Introduced in 1 states

MA

 

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Reporting Requirements

Abortion Reporting

Click here for current status of state policy

Introduced in 17 states

IN, IA, KY, MA, MD, MI, MN, MT, NH, NJ, NM, NC, OH, OR, SC, TN and TX

       Passed at least one chamber in IN, NC and SC

       Vetoed in MT

 

INDIANA: In March, the House passed a bill that would require all providers who perform surgical or medication abortion to report the abortion to the state. The bill, which also includes a provision requiring any physician’s office administering five or more medication abortions per year to be regulated as an ambulatory surgical center, is awaiting action by Gov. Mike Pence (R).

 

INDIANA: In April, the Senate approved a measure that would require physicians to submit abortion reporting forms electronically and would prohibit anyone other than a physician from filling out such forms. The bill awaits action by Gov. Mike Pence (R).

 

NORTH CAROLINA: In April, a measure that would amend abortion reporting requirements to include fetal age, measurements, doctor methodology, and an ultrasound image passed the House. The bill would also impose a mandatory 72-hour waiting period. It awaits action in the Senate.

 

SOUTH CAROLINA: In February, the House passed a measure that contains reporting requirements specific to abortions provided at and after 20 weeks postfertilization, including the medical diagnosis that led to the abortion. The bill would also ban abortions at 20 weeks postfertilization, except in cases of life endangerment or risk of a “substantial and irreversible physical impairment of a major bodily function.” The bill is awaiting action in the Senate.

 

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Minors Reporting

Introduced in 2 states

GA and TX

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Self-Induced Abortion

Introduced in 0 states

 

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Sex, Race or Genetic Selection

Introduced in 13 states

CO, IN, IA, LA, MA, MS, MO, NY, OH, OR, SD, TX and WV

       Passed at least one chamber in IN

 

INDIANA: In February, the Senate approved a bill that would ban abortions for reasons of gender selection, or diagnosis or potential diagnosis of fetal disability or Down Syndrome. The bill awaits action in the Senate.

 

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State Employee and Facility Participation in Abortion

Introduced in 2 states

IA and WV

 

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Tax Credit Program Excludes Organizations That Provide Abortion Services

Introduced in 0 states

 

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Training in Abortion Services

Introduced in 3 states

Limits Training—NH, NC

Requires Training—NY

 

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Ultrasound Requirements

Click here for current status of state policy

Introduced in 13 states

CO, IL, IA, KY, MD, MA, NJ, NM, NY, RI, SC, TN and WY

       Passed at least one chamber in IA and KY

 

IOWA: In March, the House approved a measure that would require a provider to perform an ultrasound before an abortion. The bill, which states that a woman must be offered the option to see and hear a description of the fetus, awaits action in the Senate.

 

KENTUCKY: In February, the Senate approved a measure that would require a woman to undergo an ultrasound before an abortion could be performed. The bill mandates that the physician who performs the abortion describe and display the ultrasound image to the woman. (The woman may avert her eyes, but is required to listen to the description.) The measure includes exceptions for medical emergencies.

 

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ADOLESCENTS

Minors Access to Reproductive Healthcare

Click here for current status of state policy

Introduced in 14 states

CO, FL, IN, IA, MO, MN, NV, NH, NJ, NY, OH, OR, TX and WA

       Passed at least one chamber in CO, IA, OR and WA

 

COLORADO: In February, the Senate passed a bill that would establish a parental bill of rights requiring written parental consent before a minor could receive any form of health care, including reproductive health care. The bill, which allows for exceptions only if the minor’s life is in danger or if the parent is unreachable, is awaiting action in the House.

 

IOWA: In March, the Senate passed a bill that would prohibit mental health care professionals from engaging in sexual orientation change counseling with anyone under 18 years of age. The bill is awaiting action in the House.

 

OREGON: In March, the House passed a bill that would prohibit mental health care professionals from engaging in sexual orientation change counseling with anyone under 18 years of age. The bill is awaiting action in the Senate.

 

WASHINGTON: In April, the House amended and passed a bill that would prohibit mental health care professionals from engaging in sexual orientation conversion counseling with anyone younger than 18. The bill is awaiting concurrence in the Senate.

 

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Sex Education

Click here for current status of state policy

Introduced in 30 states

AL, AK, AZ, AR, CA, CO, GA, HI, IA, IN, KS, KY, LA, MD, MA, MO, MS, MT, NH, NJ, NY, OH, OK, OR, SC, SD, TX, UT, VA and WA

Passed at least one chamber in CO, HI, MD, MT, NH, OK, OR and SC

Enacted in AR and UT

 

(ENACTED) ARKANSAS: In April, Gov. Asa Hutchinson (R) approved a bill that would require dating violence awareness education in health courses for students in grades 7–12. The measure will take effect in June.

 

COLORADO: In February, the Senate passed a bill that would establish a parental bill of rights, which would reaffirm that a parent may remove a student from sex education. The bill, which would also require written parental consent before a minor could receive any form of health care with limited exceptions, is awaiting action in the House.

 

HAWAII: In March, the House approved a bill that would prohibit discrimination in sex education classes. The measure also solidifies the requirement for medically accurate sex education and permits teachers to respond to students’ questions. Parents would have the right to opt out. The measure awaits action in the Senate.

 

MARYLAND: In March, the House approved a bill that would require nonpublic schools to develop and implement age-appropriate sexual abuse and assault awareness and prevention education (public schools must already meet this requirement). The measure awaits action in the Senate.

 

NEW HAMPSHIRE: In March, the House approved a bill that would require school districts or teachers to provide parents advance notice before teaching sex education and to make the sex education materials available to parents and other interested parties. The measure awaits action in the Senate.

 

OKLAHOMA: In March, the House approved a bill that would require schools to establish a sexual abuse prevention program for students in prekindergarten through fifth grade. The measure awaits action in the Senate.

 

OREGON: In April, the Senate approved a bill that would require the Department of Justice to encourage and support education of students in grades 7 through 12 about domestic violence. The measure would require school district boards to incorporate age-appropriate education about domestic violence into training programs for students and school employees.  The bill is awaiting action in the House.

 

SOUTH CAROLINA: In March, the House passed the state’s budget bill that would allocate $100,000 for abstinence education. The bill also includes funding for family planning services and would reenact abortion reporting requirements and restrictions on abortion coverage in the state employee health plan. The bill is in the Senate.

 

(ENACTED) UTAH: In March, the legislature approved and Gov. Gary Herbert (R) signed into law a bill that reaffirms the requirement that a parent consent before a student can participate in sex education. The measure will take effect in May.

 

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Statutory Rape Reporting

Introduced in 0 states

 

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CONTRACEPTION & PREVENTION

Definitions of Contraception

Introduced in 3 states

CO, MO and VA

 

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Emergency Contraception

Emergency Contraception Services for Sexual Assault Victims

Click here for current status of state policy

Introduced in 8 states

AZ, MA, MI, MO, NY, OH, PA and TX

 

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Restricting Access to Emergency Contraception

Introduced in 1 states

NY

 

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Mid-Level Scope of Practice

Introduced in 1 state

      Passed at least one chamber in WA

 

WASHINGTON: In March, the House passed a measure that would allow registered nurses working under a prescriber’s orders to dispense medication for family planning and STI care. The bill is awaiting action in the Senate.

 

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Family Planning Funds

Abortion-Related Restrictions on Family Planning Funds

Click here for current status of state policy

Introduced in 8 states

AR, CO, KS, MI, MO, NH, SC, TX

       Passed at least one chamber in KS, MI, TX

       Enacted in AR and CO

 

(ENACTED) ARKANSAS: In April, Gov. Asa Hutchinson (R) approved a law 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 law also stipulates that this policy does not apply to the Medicaid program or hospitals, medical schools and universities. The law goes into effect later this year.

 

(ENACTED) COLORADO: In March, Gov John Hickenlooper (D) signed the supplemental budget appropriations that allocate more than $6 million to family planning services for the remainder of the fiscal year. Because of existing restrictions, none of these funds may be used directly or indirectly for abortion services. The law is in effect.

 

(ENACTED) COLORADO: In April, both chambers passed and Gov. John Hickenlooper (D) signed next year’s budget bill, which allocates more than $6.5 million to family planning services. Because of existing restrictions, none of these funds may be used directly or indirectly for abortion services. The fiscal year begins in July.

 

KANSAS: In March, both chambers passed the state budget bill that would reenact a longstanding provision 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. The bill, which would also allocate funding for family planning services and alternatives-to-abortion services, is in conference committee for unrelated reasons.

 

MICHIGAN: In April, the House passed a budget bill that would exclude any entity that provides abortion services, or contracts with an entity that provides abortion services, from receiving state funding for family planning services. The bill, which also includes funding for family planning services and alternative-to-abortion services, is awaiting action in the Senate.

 

TEXAS: In April, both chambers of the legislature passed versions of the state’s budget bill that would continue restrictions on organizations’ eligibility for state family planning funds. Under the measure, family planning organizations would have to maintain incorporation, governing structure and bookkeeping that are separate from those of abortion providers. The measure would continue a three-tiered priority system for the allocation of family planning funds: health departments would have top priority, followed by community health centers; family planning centers could apply for any funds that remain. The bill would also continue 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, abstinence education and alternatives-to-abortion services. The bill is in conference committee.

 

 

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Budget Bills: Family Planning Line Items

Introduced in 18 states

CO, DE, FL, GA, IL, KS, MA, MI, MN, MO, MT, NH, NJ, NY, SC, TX, VA and WA

       Passed at least one chamber in CO, GA, MA, MI, MO, NY and TX

       Enacted in CO and VA

 

(ENACTED) COLORADO: In March, Gov John Hickenlooper (D) signed the supplemental budget appropriations that allocate more than $6 million to family planning services for the remainder of the fiscal year. Because of existing restrictions, none of these funds may be used directly or indirectly for abortion services. The law is in effect.

 

(ENACTED) COLORADO: In April, both chambers passed and Gov. John Hickenlooper (D) signed 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.

 

FLORIDA: In April, both chambers passed a budget bill that would allocate more than $5.3 million for family planning services. The bill is in conference committee for unrelated reasons.

 

GEORGIA: In March, both chambers agreed to a budget bill for the upcoming fiscal year that includes funding for family planning. About $31 million is allocated for teenage pregnancy prevention, tobacco use prevention, cancer screening and prevention, and family planning services. The bill is awaiting action by Gov. Nathan Deal (R).

 

ILLINOIS: In April, both chambers passed and Gov. Bruce Rauner (R) signed the state’s budget that allocates more than $400,000 for family planning services for the 2016 fiscal year. The next fiscal year begins in July.

 

MASSACHUSETTS: In March, the House passed a budget bill for the upcoming fiscal year that would allocate about $5 million for family planning services. The bill is awaiting action in the Senate.

 

MICHIGAN: In April, the House passed a budget bill that allocates over $8 million for family planning services for the next fiscal year. The bill, which would also fund alternative-to-abortion services as well as restrict which entities could receive family planning funding, is awaiting action in the Senate.

 

MISSOURI: In April, the Senate passed a budget bill that allocates funding for family planning services. The bill is awaiting action from Gov. Jay Nixon (D).

 

NEW HAMPSHIRE: In April, the House passed a budget bill that would allocate more than $1.5 million for family planning services. The bill is awaiting action in the Senate.

 

SOUTH CAROLINA: In March, the House passed the state’s budget bill that would allocate over $62 million for family planning services, nearly double last year’s level. The bill also includes funding for abstinence education and would reenact abortion reporting requirements and restrictions on abortion coverage in the state employee health plan. The bill is in the Senate.

 

TEXAS: In April, both chambers passed versions of the state’s budget bill that would allocate more than $21 million for each of the next two years for family planning services and would exclude agencies that provide abortion services from receiving funds. The bill would also fund abstinence education and alternatives-to-abortion services. The bill is in conference committee.

 

(ENACTED) VIRGINIA: In March, Gov. Terry McAuliffe (D) signed a budget bill that includes nearly $24.2 million in funding for family planning services for FY2015 and FY2016. The bill is in effect.

 

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Repealing Abortion-Related Restrictions on Family Planning Funds

Introduced in 1 state

IL

 

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Insurance Coverage

Contraceptive Coverage

Click here for current status of state policy

Introduced in 18 states

Limits Contraceptive Coverage: AZ, CO, IA, MT and NJ

Protects Contraceptive Coverage: CT, MA, MN, MT, NJ, NM, NY, OH, OR, RI, VA and WA

Notice about coverage: NH and NY

 

OREGON: In April, the House passed a bill that would require health plans to cover prescriptions for a full year of prescription contraceptives. The bill is awaiting action in the Senate. 

 

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HPV Tests and Vaccine Coverage

Introduced in 1 state

MA

 

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Protections for Confidential Medical Care within Insurance

Introduced in 4 states

Confidentiality: IL, MA, NM and OR

       Passed at least one chamber in IL and OR

 

ILLINOIS: In April, the House passed a bill that would protect the confidentiality of individuals insured as dependents on Medicaid health plans. The bill would prohibit Medicaid plans from sending bills or explanation of benefits forms to policy holders for sensitive health services received by dependents. The bill is awaiting action in the Senate.

 

OREGON: In April, the House passed a bill that would protect the confidentiality of individuals insured as dependents on health plans. The bill, which would allow enrollees to request confidential communications for sensitive health services, is awaiting action in the Senate.

 

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Medicaid Family Planning Eligibility Expansions

Click here for current status of state policy

Introduced in 5 states

FL, ME, NE, ND and OH

Expands access in 3 states: ME, NE, ND

Repeal of Expansion in 2 state: FL and OH

 

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Parental Involvement Requirements for Minors Seeking Contraceptive Services

Click here for current status of state policy

Introduced in 2 states

CO, TX

       Passed at least one chamber in CO and TX

 

COLORADO: In February, the Senate passed a bill that would establish a parental bill of rights requiring written parental consent before a minor could receive any form of health care, including access to prescription contraceptives. The bill, which allows for exceptions only if the minor’s life is in danger or if the parent is unreachable, is awaiting action in the House.

 

TEXAS: In April, both chambers passed versions of the state’s budget bill that would continue the requirement that agencies receiving state funding must obtain parental consent before providing minors with prescription contraceptives. The bill, which also includes funding for family planning, abstinence education and alternatives-to-abortion services, is in conference committee.

 

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Partner Treatment for Sexually Transmitted Infections

Click here for current status of state policy

Introduced in 5 states

ID, KY, NY, OH and WV

Bill Status:

Enacted in MI

 

(ENACTED) MICHIGAN: In January, Gov. Rick Snyder (R) signed a bill that allows medical providers to prescribe or dispense a drug for treatment of an STI for a patient’s partner without first seeing the partner. The new law, which is in effect, also requires the department of health to establish rules determining allowable diseases for expedited partner therapy.

 

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Pharmacy or Pharmacist Requirements to Dispense Contraception

Click here for current status of state policy

Introduced in 5 states

AZ, MO, NJ, NY and OH

 

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PREGNANCY & BIRTH

Fetal and Pregnant Woman Assault

Introduced in 16 states

AR, CO, FL, HI, IN, KY, MI, MT, NH, NM, NY, OR, PA, RI, WA and WV

Bill Status:

       Passed at least one chamber in AR, CO and NH

       Enacted in MT

 

ARKANSAS: In March, the House passed a bill that would amend the definition of “person” in the criminal code to include fetuses regardless of gestational age. (Currently the law considers a fetus at or beyond 12 weeks of pregnancy as a victim under the criminal statute.) The bill, which awaits Senate action, permits pregnant women charged under this measure to enter into substance abuse and treatment rehabilitation in lieu of being convicted and sentenced. 

 

COLORADO: In April, a measure that would include a fetus starting at fertilization as a victim of homicide in the criminal code passed the Senate. The bill includes exceptions for legal medical treatment, legally prescribed and administered medications and actions by the pregnant woman.

 

(ENACTED) MONTANA: In April, Gov. Steve Bullock (D) signed a measure that increases the penalty for assaulting a pregnant individual if the perpetrator knew or should have known that the victim was pregnant.

 

NEW HAMPSHIRE: In March, the House approved a bill that would include fetuses as a victim in cases of first and second degree murder, manslaughter, negligent homicide and causing or aiding suicide. The measure awaits Senate action.

 

NEW HAMPSHIRE: In March, the Senate passed a bill that would include fetuses in the definition of “another” in cases of first and second degree murder, manslaughter, negligent homicide and causing or aiding suicide. The measure awaits House action.

 

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HIV Testing of Infants and Pregnant Women

Introduced in 4 states

FL, GA, NJ and WA

       Passed at least one chamber in FL and GA

 

GEORGIA: In March, the House approved a bill that would require doctors providing prenatal care to offer a woman HIV and syphilis testing, regardless whether she had been tested in the first two trimesters of pregnancy. The bill awaits action in the Senate, which is expected to approve the measure.

 

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Infant Abandonment

Click here for current status of state policy

Introduced in 9 states

AZ, IL, LA, MO, NJ, NY, SC, TX and VA

 

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Infertility Coverage

Introduced in 8 states

CT, HI, IL, ME, MD, NJ, NY and PA

       Passed at least one chamber in HI, IL and MD

     

HAWAII: In April, both chambers passed versions of a bill that would strengthen the requirements for health plans to provide coverage for infertility treatment. The bill is in conference committee.

 

ILLINOIS: In April, the Senate passed a bill that would amend the requirements for health plans to provide coverage for infertility treatment by clarifying the definition of infertility and requiring coverage for IVF if a woman has been unable to attain or maintain a viable pregnancy. The bill is awaiting action in the House.

 

MARYLAND: In April, both chambers passed a bill that would make it easier for same-sex couples to obtain coverage for infertility treatment. The bill is awaiting action by Gov. Larry Hogan (R).

 

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Non-Medical Use of Ultrasound

Introduced in 0 states

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Stillbirth Certificates

Introduced in 6 states

KY, NJ, OK, TX, UT and WV

      Enacted in OK, UT and WV

 

(ENACTED) OKLAHOMA: In April, Gov. Mary Fallin (R) signed into law a bill that would amend the state’s stillbirth certificate law to allow a parent to obtain a certificate for a stillbirth at 12 weeks of pregnancy or later. Currently, a parent may obtain a stillbirth certificate at 20 weeks of pregnancy or later.

 

(ENACTED) UTAH: In March, Gov. Gary Herbert (R) signed a bill that would create “early term stillbirth” certificates for fetal deaths that occur between 16 and 20 weeks since LMP.

 

(ENACTED) WEST VIRGINIA: In March, the House approved and Gov. Earl Ray Tomblin (D) signed into law a bill allowing the state to issue stillbirth certificates for unintended fetal deaths. The measure will go into effect in June.

 

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Substance Abuse During Pregnancy

Click here for current status of state policy

Introduced in 16 states

AR, CA, IN, KY, MN, MS, MO, NJ, NY, NC, OK, TN, TX, VA and WV

       Passed at least on chamber in AR and OK

       Enacted in KY

 

ARKANSAS: In March, the House passed a bill that would consider it a crime for a pregnant woman to cause a miscarriage or harm to her fetus by ingesting drugs. The bill would permit a judge to sentence a pregnant woman to substance abuse treatment in lieu of being convicted and sentenced. The bill awaits Senate action.

 

OKLAHOMA: In March, the Senate passed a bill that would allow a woman to be charged with assault if her child is born addicted to of harmed by a narcotic drug. The measure, which creates a felony offense if the woman miscarries or has a stillbirth, awaits action in the House.

 

(ENACTED) KENTUCKY: In March, both chambers approved and Gov. Steve Beshear (D) signed a measure that requires substance abuse treatment centers receiving state funding to give priority access to pregnant women and prohibits these centers from discriminating against women on the basis of pregnancy. The measure also prohibits a woman’s controlled substance use from being used against her in parental rights proceedings, if she enrolls in and completes a substance abuse treatment program.

 

 

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REFUSAL CLAUSES

Religious Freedom Restoration Acts

Introduced in 16 states

AR, CO, GA, HI, IN, MI, MT, NV, NC, OK, SC, SD, TX, UT, WV and WY

       Passed at least on chamber in AR, GA and WY

       Enacted in IN

 

ARKANSAS: In April, the House recalled from the Governor’s desk a bill that would prohibit the government from burdening a person’s exercise of religion, unless the state can demonstrate that the policy is essential to a “compelling governmental interest” and that it is designed to be the “least restrictive” on the exercise of religion. The legislature allowed the measure to die when they adjourned their session.

 

GEORGIA: In March, the Senate approved a bill that would prohibit the government from “substantially burdening” a person’s exercise of religion, unless the state can demonstrate that the policy represents a “compelling governmental interest” and that it is designed to be the “least restrictive” on the exercise of religion. The measure awaits action in the House.

 

(ENACTED) INDIANA: In March, the House passed and Gov. Mike Pence (R) approved a measure that would prohibit the government from “substantially burdening” a person’s exercise of religion, unless the state can demonstrate that the policy represents a “compelling governmental interest” and that it is designed to be the “least restrictive” on the exercise of religion. Following controversy that the measure could be used to discriminate, the Governor sent the bill back to the legislature for clarification and amendment.

 

WYOMING: In February, the Senate approved a measure that would prohibit the government from “substantially burdening” a person’s exercise of religion unless the state can demonstrate that the policy represents a “compelling governmental interest” and that it is designed to be the "least restrictive" on the exercise of religion. The measure awaits action by the Senate.

                                             

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Abortion Services

Click here for current status of state policy

Facilities

Introduced in 5 states

MI, MO, NH, NM and PA

 

Health Professionals

Introduced in 7 states

AL, MI, MO, NH, NM, PA and TX

      Passed at least one chamber in NM

 

NEW MEXICO: In March, the House passed a bill that would have expanded the ability of individuals and facilities to refuse to participate in abortion services. The earlier law applied to hospitals and hospital staff. The bill, which would also have required parental notification for all minors’ abortions except in certain instances, died in the Senate.

 

Insurers

Introduced in 2 states

MI and NH

 

Pharmacists or Pharmacies

Introduced in 4 states

MI, NH, NM and PA

 

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Contraceptive Services

Click here for current status of state policy

Facilities

Introduced in 4 states

MI, MO, NH and PA

 

Health Professionals

Introduced in 5 states

MI, MO, NH, PA and TX

 

Insurers

Introduced in 2 states

MI and NH

 

Pharmacies or Pharmacists

Introduced in 4 states

MI, NH, PA and TX

 

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General Medical Care

Click here for current status of state policy

Facilities

Introduced in 3 states

MI, MO and NH

 

Health Professionals

Introduced in 4 states

AL, MI, MO and NH

 

Insurers

Introduced in 2 states

MI and NH

 

Pharmacists or Pharmacies

Introduced in 3 states

MI, NH and TX

 

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REPRODUCTIVE HEALTH AND ENVIRONMENTAL HAZARDS

Bisphenol A (BPA)

 

 

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Dioxin

 

 

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Flame Retardants

 

 

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Lead

 

 

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Mercury

 

 

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Parabens

 

 

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Pesticides

 

 

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Phthalates

 

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