Advancing Sexual and Reproductive Health and Rights
 

Monthly State Update:
MAJOR DEVELOPMENTS IN 2015

(as of 8/1/2015)

 

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

 

ARKANSAS: In May, the Eighth Circuit Court of Appeals struck down the state’s ban on abortion after 12 weeks of pregnancy and when a fetal heartbeat has been detected. The court asserted that the state could not ban abortion before viability because of U.S. Supreme Court rulings.

 

KANSAS: In June, a district court blocked a law 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,” was 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.

 

NORTH DAKOTA: In July, the U.S. Circuit Court of Appeals for the Eighth Circuit blocked enforcement of a law passed in 2013 that bans abortion after a fetal heartbeat is detected, which is generally at six weeks after the woman’s last menstrual period. The Court ruled that because the law would have prohibited previability abortions, it violated Supreme Court precedent. The state has the option of appealing to the Supreme Court.

 

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.

 

(ENACTED) OHIO: In June, Gov. John Kasich (R) signed the state’s budget bill that includes a provision requiring facilities that provide abortions to be within 30 miles of a hospital. The budget, which also amends abortion clinic regulations, continues funding for alternatives-to-abortion services and eliminates the Medicaid family planning expansion, is in effect.

 

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Targeted Regulation of Abortion Providers

Click here for current status of state policy

Introduced in 21 states

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

       Passed at least one chamber in AL, AR, MO, MT, OK, SC, TX, VA and WI

       Enacted in AR, IN and TN

       Vetoed in MT

 

ALABAMA: In May, the House passed a bill that would require a facility that performs abortions to be at least 2,000 feet from all public schools to receive or renew its license. The bill is awaiting action in the Senate.     

 

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.

 

(ENACTED) INDIANA: In April, Gov. Mike Pence (R) signed a law that will 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 law takes effect in July.

 

(ENACTED) INDIANA: In May, Gov. Mike Pence (R) signed a law requiring that prior to obtaining an abortion, a woman must consent in writing to the method used to dispose of fetal remains. The law, which also requires the state to develop regulations for the disposal of fetal remains, takes effect next year.

 

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.

 

(ENACTED) OHIO: In June, Gov. John Kasich (R) signed the state’s budget bill that changes the policy for obtaining a variance from abortion clinic regulations. Under the new law, a variance request is automatically denied if the Health Department does not act on it within 60 days. The budget, which also amends the admitting privilege requirement for abortion clinics, continues funding for alternatives-to-abortion services and eliminates the Medicaid family planning expansion, is in effect.

 

(ENACTED) OKLAHOMA: In June, Gov. Mary Fallin (R) signed a bill that requires scheduled and unannounced inspections for abortion clinics. If a clinic were to fail an inspection, (e.g., for not complying with fire ordinances or administrative rules) the health department could close the clinic immediately. The law, which would also make it a crime to intentionally assist a minor in obtaining an abortion without parental consent, takes effect in November.

 

(ENACTED) SOUTH CAROLINA: In June, Gov. Nikki Haley (R) approved the state’s budget that reenacts a provision requiring abortion providers to report abortion complications and which physicians have hospital admitting privileges to the state. The law also includes funding for abstinence education and family planning services, and continues a long-standing provision that limits abortion coverage in the state employees’ health plan. The law is in effect.

 

TENNESSEE: In June, a federal judge temporarily blocked a law that would have required abortion clinics to be regulated as ambulatory surgical centers from going into effect. The law is blocked throughout the duration of a court case on the law’s merits.

 

TEXAS: In June, the Supreme Court of the United States ruled that the state’s abortion clinic regulations would not be enforced while the justices consider whether to hear an appeal of a decision from the fifth circuit. The law, which also includes a provision requiring abortion providers to have admitting privileges at a hospital within 30 miles of the abortion facility, was upheld by the fifth circuit.

 

TEXAS: In May, the House 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 the signature of Gov. Greg Abbott (R).

 

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

 

CALIFORNIA: In June, the Assembly passed a bill that would require licensed and unlicensed medical facilities to notify all clients that California has public programs that provide family planning, abortion, and prenatal care. The measure awaits action in the Senate.

 

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.

 

NORTH CAROLINA: In June, the legislature approved a budget bill that allocates $300,000 for the Carolina Pregnancy Care Fellowship, a coalition of crisis pregnancy centers in the state. The bill is in conference committee.

 

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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 8 states

KS, MI, MN, MO, OH, OK, PA 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 May, the Senate passed a budget bill that would allocate $50,000 in funding for alternatives-to-abortion services. The bill, which also funds family planning services, is in conference committee.

 

MISSOURI: In May, the legislature overrode Gov. Jay Nixon’s (D) veto of a bill that allocates 2% of all Temporary Assistance for Needy Families (TANF) funds to alternatives-to-abortion services programs and public awareness about those programs.

 

(ENACTED) OHIO: In June, Gov. John Kasich (R) signed the state’s budget, which provides $500,000 for alternatives-to-abortion services. The budget, which also amends abortion clinic regulations and admitting privileges requirements and eliminates the Medicaid family planning expansion, is in effect.

 

(ENACTED) OKLAHOMA: In May, the legislature approved and Gov. Mary Fallin (R) signed into law a budget bill that allocates $37,952 for alternatives-to-abortion services. The measure takes effect in July.

 

(ENACTED) TEXAS: In June, Gov. Greg Abbott (R) signed the state’s budget bill that includes a provision that allocates more than $9 million to alternatives-to-abortion services for each of the next two fiscal years. The law, which also allocates funds for abstinence education, and restricts and allocates funds for family planning services, takes effect in September.

 

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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

       Passed at least one chamber in TX

       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.

 

TEXAS: In May, the Senate passed a measure that would restrict abortion coverage in the plans offered in the health exchange except in cases of life endangerment or possible “substantial impairment of a major bodily function.” The bill also limits coverage of abortion in all private health plans. The bill is awaiting action in the House.

 

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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, TX 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. 

 

(ENACTED) SOUTH CAROLINA: In June, Gov. Nikki Haley (R) approved the state’s budget that continues a long-standing provision that prohibits the state employees’ health plan from covering abortion, except when necessary to save the woman’s life, or in cases of rape or incest. The law also includes funding for abstinence education and family planning services, and reenacts abortion reporting requirements. The law is in effect.

 

TEXAS: In May, the Senate passed a measure that would restrict abortion coverage in all private health plans except in cases of life endangerment or possible “substantial impairment of a major bodily function.” The bill also restricts coverage of abortion in all private health plans. The bill is awaiting action in the House.

 

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 IA and VA

       Enacted in AK and MD

 

(ENACTED) ALASKA: In May, Gov. Bill Walker (I) signed the state’s budget, which attempts 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 next fiscal year begins in July.

 

IOWA: In May, the legislature approved an appropriations bill that would allow Medicaid funding of abortion only in cases of life endangerment, rape, incest or fetal impairment. The measure also would require Medicaid enrollees obtaining abortions under the program to be given the chance to view an ultrasound and be counseled about alternatives to abortion.

 

(ENACTED) IOWA: In July, Gov. Terry Branstad (R) signed into law a measure that continues an existing restriction that requires the governor to approve Medicaid reimbursement for an abortion. The measure also requires women to be offered an ultrasound and provided counseling before an abortion.

 

(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.

 

PENNSYLVANIA: In June, Gov. Tom Wolf (D) vetoed a budget bill that would have given $1 million of Temporary Assistance for Needy Families (TANF) funds to alternatives-to-abortion services. The measure also would have allocated money for family planning services.

 

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 1 state

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 14 states

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

       Passed at least one chamber in SC

       Enacted in  WI and WV

 

IDAHO: In May, a federal appeals court ruled that Idaho’s ban on abortions at 20 weeks postfertilization is unconstitutional because it bans abortions prior to fetal viability and creates an undue burden on the woman. The same court ruled in 2013 that Arizona’s ban of abortions at 18 weeks postfertilization was unconstitutional.

 

OHIO: In June, the Senate approved a measure that would ban abortions at 20 weeks postfertilization. In order to obtain an abortion after that point in pregnancy, a doctor would need to certify that the procedure is necessary to protect the patient’s life or health. The measure, which awaits action in the House, also includes reporting requirements.

 

SOUTH CAROLINA: In May, the Senate 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 is in conference committee, 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.

 

(ENACTED) WISCONSIN: In July, Gov. Scott Walker (R) approved a bill that bans abortions at 20 weeks postfertilization. The measure also requires abortion counseling materials to include information on perinatal hospice services. The measure takes effect February 1, 2016.   

 

 

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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 MT

Enacted in AZ, AR, OK and TN

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

 

ARIZONA: In June, a federal district court temporarily blocked enforcement of a law that would have required abortion counseling to include information 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 will remain blocked while the court case continues.

 

(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).

 

(ENACTED) OKLAHOMA: In May, Gov. Mary Fallin (R) approved a bill that adds 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 also extends the state’s abortion waiting period from 24 to 72 hours.

 

(ENACTED) TENNESSEE: In May, Gov. Bill Haslam (R) approved a measure that establishes abortion counseling requirements, including the inclusion of information on the risks and benefits of abortion and pregnancy and on resources to assist women throughout pregnancy. The law also requires 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.

 

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Requirements for Waiting Period before an Abortion

Click here for current status of state policy

Introduced in 13 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 and NC

        Enacted in AR, OK and TN

Including:

Requiring a woman to make two trips to the clinic8 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.

 

(ENACTED) FLORIDA: In June, Gov. Rick Scott (R) signed into law a measure that imposes a 24-hour waiting period on a woman seeking an abortion. The woman must obtain in-person counseling at the clinic before the abortion, which requires her to make two trips, one for the counseling and the other for the abortion. The measure, which allows an exception if the woman has documentation that the pregnancy is the result of rape or incest, is not in effect due to a court order temporarily blocking enforcement during the court case.

 

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.


(ENACTED) NORTH CAROLINA: In June, Gov. Pat McCrory (R) approved a measure that imposes a mandatory 72-hour waiting period on women seeking an abortion. The law, which also amends abortion reporting requirements, is in effect.

 

(ENACTED) OKLAHOMA: In May, Gov. Mary Fallin (R) approved a bill that increases 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 also adds to the state’s abortion counseling requirements.

 

(ENACTED) TENNESSEE: In May, Gov. Bill Haslam (R) approved a measure that requires a woman to receive abortion counseling at the facility and then wait at least 48 hours before obtaining an abortion. The bill also specifies information for abortion counseling, including information on the risks and benefits of abortion and pregnancy and on resources to assist women throughout pregnancy.

 

 

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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, OK and TX

     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.

 

(ENACTED) OKLAHOMA: In June, Gov. Mary Fallin (R) signed a bill that criminalizes intentionally assisting a minor in obtaining an abortion without the parental consent mandated by state law. The bill also requires reproductive health clinics to preserve fetal tissue when minors younger than 14 have an abortion and submit it to the Oklahoma Bureau of Investigation. The bill, which also amends abortion clinic regulations, goes into effect in July.

 

(ENACTED) TEXAS: In June, Gov. Greg Abbott (R) signed a bill that amends the legal process through which a minor may obtain a court order to waive the state’s parental consent requirement. Under the new requirements, the minor can file for a judicial bypass only in a court in her county of residence and must appear at the court in person. The law also requires the court to follow a stricter standard of evidence and use specific criteria when weighing the petition. Furthermore, the court has five business days to issue judgment, instead of two and if a judgment is not rendered within the time frame, the petition is denied. The court is permitted to order a mental health evaluation of the minor and examine her familiarity with state-published counseling materials. Also, the law requires all women seeking an abortion to provide government-issued identification. If a woman cannot provide identification that proves she is an adult, she must be treated as a minor and must obtain parental consent. The law takes effect in 2016.

 

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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

 

(ENACTED) DISTRICT OF COLUMBIA: In May, a measure that prohibits employers from discriminating against an individual because of his or her reproductive health decision making passed the deadline for both chambers of U.S. Congress to act against it. Though the U.S. House voted to strike down the measure, the Senate did not. The new law is in effect.

 

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Repealing Pre-Roe Abortion Laws

Introduced in 1 state

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 NC and SC

       Enacted in IN, MN

       Vetoed in MT

 

(ENACTED) INDIANA: In April, Gov. Mike Pence (R) signed a measure that will require all providers who perform surgical or medication abortion to report the abortion to the state. The law, 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, takes effect in July.

 

(ENACTED) INDIANA: In May, Gov. Mike Pence (R) 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 measure goes into effect on July 1. 

 

(ENACTED) MINNESOTA: In May, Gov. Mark Dayton (D) signed the state’s budget that adds abortion reporting requirements and funds for alternatives-to-abortion services. The measure also allocates $1 million for family planning services for each of the next two fiscal years. The next fiscal year starts in July.

 

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 May, the Senate passed a measure that requires reporting about 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 in conference committee.

 

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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 and LA

 

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.

 

LOUISIANA: In May, the House approved a bill that would ban sex-selective abortions. The measure awaits Senate action.

 

 

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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

 

(ENACTED) IOWA: In July, Gov. Terry Branstad (R) signed into law a measure that requires women to be offered an ultrasound and provided counseling before an abortion. It also continues an existing requirement that the governor approve any abortion paid for by Medicaid.

 

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, IL, IA, NV, TX and WA

       Enacted in OR

 

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.

 

ILLINOIS: In May, both chambers 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 the signature of Gov. Bruce Rauner (R).

 

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. 

 

NEVADA: In May, the Senate passed a measure that would prohibit mental health care professionals from engaging in sexual orientation conversion counseling with anyone younger than 18. The bill is awaiting action in the House.

 

(ENACTED)OREGON: In May, Gov. Kate Brown (D) approved a law that prohibits mental health care professionals from engaging in sexual orientation conversion counseling with anyone younger than 18. The law is in effect.

 

(ENACTED) TEXAS: In June, Gov. Greg Abbott (R) signed the state’s budget bill that continues the requirement that agencies receiving state funding must obtain parental consent before providing minors with prescription contraceptives. The law, which also includes funding for family planning, abstinence education and alternatives-to-abortion services, takes effect in September.

 

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, OR and SC

Enacted in AR, OK and UT

 

(ENACTED) ALABAMA: In June, the Senate approved and Gov. Robert J. Bentley (R) signed into law a bill that requires annual sexual assault prevention education in grades K–12. The law is in effect.

 

(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

.

CALIFORNIA: In June, the Assembly passed a bill that would review and update sexual health education to reflect advances in age-appropriate sexual health instruction, including information on healthy relationships and dating violence. The measure awaits Senate action.

 

CALIFORNIA: In May, the Assembly approved a bill that would require parental permission before a student can participate in HIV or sex education taught by outside speakers. The measure awaits Senate action.

 

CALIFORNIA: In May, the Senate approved a bill that would require sexual assault education, including education on affirmative consent, in places where health education is a graduation requirement. The measure awaits Assembly action.

 

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.

 

(ENACTED) MAINE: In June, the legislature approved a bill that would require schools to teach sexual assault detection and prevention strategies to students in grades K–5. If signed, the measure will take effect in the 2016–2017 school year.

 

NEW HAMPSHIRE: In May, the Senate approved a bill that would require school districts or teachers to give 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 by Gov. Maggie Hassan (D).

 

NEW YORK: In May, the Senate approved a bill that would require schools to provide students in kindergarten through eighth grade with instructions on how to prevent child sexual exploitation and abuse. The measure awaits action in the House.

 

(ENACTED) OKLAHOMA: In May, Gov. Mary Fallin (R) approved a bill that requires schools to establish a sexual abuse prevention program for students in prekindergarten through fifth grade. The measure takes effect in November.

 

(ENACTED) OREGON: In June, Gov. Kate Brown (D) signed a bill that requires sexual abuse prevention education for students in grades K–12. The measure is in effect.

 

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.

 

(ENACTED) SOUTH CAROLINA: In June, Gov. Nikki Haley (R) approved the state’s budget that allocates $100,000 for abstinence education. The law also includes funding for family planning services and reenacts abortion reporting requirements and restrictions on abortion coverage in the state employee health plan. The law is in effect.

 

(ENACTED) TEXAS: In June, Gov. Greg Abbott (R) signed the state’s budget bill that allocates more than $5.2 million for abstinence education. The law, which also funds alternatives-to-abortion services, and restricts and allocates funds for family planning services, takes effect in September.

 

(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.

(ENACTED) MAINE: In July, a bill to expand Medicaid coverage for reproductive health care and family planning services to those whose income is at or below 209% of the federal poverty line became law without the governor’s signature. This is the same level of Medicaid coverage provided to pregnant women.

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.

 

NEW JERSEY: In June, the legislature passed a supplemental appropriations bill for fiscal year 2015 that allocates $7.4 million for family planning services. The bill is awaiting action by Gov. Chris Christie (R).

 

(ENACTED) TEXAS: In June, Gov. Greg Abbott (R) signed the state’s budget bill 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 law also continues a three-tiered priority system for the allocation of family planning funds: health departments have top priority, followed by community health centers; family planning centers can apply for any funds that remain. The law also continues the requirement that agencies receiving state funding must obtain parental consent before providing minors with prescription contraceptives. The law also includes funding for family planning, abstinence education and alternatives-to-abortion services. The bill takes effect in September.

 

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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, FL, IL, MA, MI, MN, NH, SC and TX

       Enacted in CO, GA, MO 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.

 

(ENACTED) GEORGIA: In May, Gov. Nathan Deal (R) signed the 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 next fiscal year begins in July.

 

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 May, the Senate passed a budget bill that would allocate more than $8 million for family planning services for the next fiscal year. The bill, which would also fund alternatives-to-abortion services, is in conference committee.

 

MINNESOTA: In May, Gov. Mark Dayton (D) signed the state’s budget that allocates $1 million for family planning services for each of the next two fiscal years. The law also includes abortion reporting requirements and funding for alternatives-to-abortion services. The next fiscal year starts in July.

 

(ENACTED) MISSOURI: In May, Gov. Jay Nixon (D) signed the budget bill for the upcoming fiscal year that allocates funding for family planning services. The next fiscal year begins in July.

 

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.

 

(ENACTED) SOUTH CAROLINA: In June, Gov. Nikki Haley (R) approved the state’s budget that allocates more than $62 million for family planning services, nearly double last year’s level. The law also includes funding for abstinence education and reenacts abortion reporting requirements and restrictions on abortion coverage in the state employee health plan. The law is in effect.

 

(ENACTED) TEXAS: In June, Gov. Greg Abbott (R) signed the state’s budget bill that allocates more than $50 million for each of the next two years for women’s health services—including family planning services—and excludes agencies that provide abortion services from receiving funds. The law also funds abstinence education and alternatives-to-abortion services. The bill takes effect in September.

 

(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

 

(ENACTED) DISTRICT OF COLUMBIA: In June, Mayor Muriel Bowser (D) signed a law that requires health plans to cover prescriptions for a full year of prescription contraceptives. The bill is awaiting review by the U.S. Congress.


(ENACTED) OREGON: In June, Gov. Kate Brown (D) signed a bill that requires health plans to cover prescriptions for a full year of prescription contraceptives. The law takes effect in 2016.

 

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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.

 

(ENACTED) OREGON: In June, Gov. Kate Brown (D) signed a law that protects the confidentiality of individuals insured as dependents on health plans. The law, which allows enrollees to request confidential communications for sensitive health services, is in effect.

 

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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

NEW JERSEY: In June, both chambers passed a bill that would direct the state to expand Medicaid family planning services through an amendment of its Medicaid plan. The program would provide services to individuals with incomes up to 200% of the federal poverty level. The bill is awaiting the signature of Gov. Chris Christie (R).

 

(ENACTED) OHIO: In June, Gov. John Kasich (R) signed the state’s budget bill that removes the state’s expansion of family planning services under Medicaid. The budget, which also amends abortion clinic regulations and admitting privileges requirements and continues funding for alternatives-to-abortion services, is in effect.

 

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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

Passed at least one chamber in OH

 

(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.

 

OHIO: In May, the House passed a measure that would allow certain advanced practice nurses to prescribe or dispense a drug for treatment of chlamydia, gonorrhea or trichomoniasis for a patient’s partner without first seeing the partner. The bill is awaiting action in the Senate.

 

 

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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

 

(ENACTED) OREGON: In July, Gov. Kate Brown (D) approved a bill that allows pharmacists to prescribe and dispense oral contraceptives to anyone older than 18 or to minors with evidence of a past prescription.

 

WASHINGTON: In July, the U.S. Court of Appeals for the Ninth Circuit upheld a regulation that requires pharmacies to dispense all valid prescriptions, including prescriptions for contraceptives. The court held that the regulations are constitutional and serve the purpose of ensuring that citizens have timely access to lawfully prescribed medications.

 

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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, NH and OR

       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 May, the Senate approved a bill that would include a fetus as a victim in cases of first- and second-degree murder, manslaughter, negligent homicide and assisted suicide. The measure awaits action by Gov. Maggie Hassan (D).

 

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.

 

OREGON: In April, the House approved a bill that would increase the penalty for strangulation when the perpetrator knows the victim is pregnant. The measure awaits action in the Senate.

 

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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

        Enacted in TX

 

NEW JERSEY: In June, the legislature approved a measure that would expand the number of safe havens for abandoned newborns to include fire departments. The bill, which will go into effect immediately if signed by Gov. Chris Christie (R), would require infants to be left with adult employees and at premises that are staffed 24-hours a day. 

 

(ENACTED) TEXAS: In May, the House approved and Gov. Greg Abbott (R) signed into law a measure that adds freestanding emergency clinics to the places where a parent may abandon an infant. The measure goes into effect on September 1.

 

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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 and IL

       Enacted in 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 May, the House 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 the signature of Gov. Bruce Rauner (R).

 

(ENACTED) MARYLAND: In May, Gov. Larry Hogan (R) signed a law that will make it easier for same-sex couples to obtain coverage for infertility treatment. The law takes effect in July.

 

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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, CA 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.

 

CALIFORNIA: In April, the Assembly approved a bill that would require Drug Medi-Cal to reimburse providers for residential substance abuse treatment services for pregnant and postpartum women. The measure 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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