Advancing Sexual and Reproductive Health and Rights
 

Monthly State Update:
MAJOR DEVELOPMENTS IN 2014

(as of 7/1/2014)

 

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, NC, OH and PA) and the District of Columbia were in regular session. Thirty-nine state legislatures (AL, AK, AZ, AR, CO, CT, DE, FL, GA, HI, ID, IL, IN, IA, KS, KY, LA, ME, MD, MN, MS, MO, NE, NH, NM, NY, OK, OR, RI, SC, SD, TN, UT, VT, VA, WA, WV, WI and WY) have concluded their regular sessions. Four state legislatures (MT, NV, ND and TX) are not scheduled to meet in 2014.

 

For a state-by-state chart of legislation enacted in 2014, click here.

 

Abortion

Adolescents

Contraception & Prevention

Pregnancy & Birth

Refusal Clauses

Reproductive Health and Environmental Hazards

 

ABORTION

Abortion Bans to Replace Roe

Click here for current status of state policy

Introduced in 17 states

AL, CO, FL, IA, KS, KY, LA, MI, MS, MO, NH, NY, OH, OK, SC, WA and WV

Bill Status:

Passed at least one chamber in AL

Enacted in LA

 

ALABAMA: In March, the House passed a bill that would ban abortion after a fetal heartbeat is detected, which generally occurs six weeks after the woman’s last menstrual period. The measure, which is awaiting Senate action, includes exceptions for endangerment of the mother’s life or physical health, as well as an exception if the fetus has a medical condition that will result in death within three months of birth. No further action is expected since the legislature has adjourned its regular session.

 

ARKANSAS: In March, a U.S. District Court judge struck down the state’s ban on abortion after 12 weeks of pregnancy. The court held that by banning abortion before viability, the law conflicts with U.S. Supreme Court rulings.

 

(ENACTED) LOUISIANA: In June, Gov. Bobby Jindal (R) signed a measure requiring the continuation of life support for a pregnant woman at 20 weeks’ postfertilization or later so that the fetus could continue to develop until live birth. The law is currently in effect.  

 

NORTH DAKOTA: In April, a U.S. District Court 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 the law was unconstitutional as it violated the precedent established by Roe v. Wade, declaring that “no state may deprive a woman of the choice to terminate her pregnancy at a point prior to viability.”

 

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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 7 states

IL, IN, lA, OK, PA, SC and WV

Bill Status:

Regulations issued in AZ

Passed at least one chamber in OK

Enacted in LA and OK

 

ARIZONA: In January, the Department of Health Services released new regulations for facilities that perform abortions. Existing regulations already required physicians performing medication and surgical abortions to have admitting privileges, or an agreement with another provider who has admitting privileges, at a hospital. The new regulations require that the privileges or agreement be at a hospital that is within 30 miles of the clinic if the provider is performing surgical abortions. The regulations, which also limit medication abortion, are scheduled to take effect in April.

 

(ENACTED) LOUISIANA: In June, Gov. Bobby Jindal (R) signed a bill that will require abortion providers to have admitting privileges at an in-state hospital within 30 miles of the abortion facility. The bill, which also includes a provision about abortion reporting requirements, goes into effect in September.

 

(ENACTED) OKLAHOMA: In May, Gov. Mary Fallin (R) signed a bill that will require at least one physician with admitting privileges at an in-state hospital within 30 miles of the abortion facility to be on the premises of the clinic while any abortions are provided. The law is scheduled to take effect in November.

 

OKLAHOMA: In February, the House passed a measure that would require abortion providers to have hospital privileges at a hospital within 30 miles of the abortion facility. No further action is expected since the legislature has adjourned its regular session.

 

TEXAS: In March, the U.S. Court of Appeals for the Fifth Circuit upheld the state’s requirement that abortion providers have admitting privileges at a hospital within 30 miles of the facility. The court found that the law does not impermissibly burden women because the procedure would still be accessible in some parts of the state. The court also upheld the state’s limitations on the provision of medication abortion.

 

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Targeted Regulation of Abortion Providers

Click here for current status of state policy

Introduced in 10 states

AZ, FL, HI, IL, IN, MN, MO, NH, NY and WV

Bill Status:

Passed at least one chamber in MO

Enacted in AZ andIN

 

(ENACTED) ARIZONA: In April, Gov. Jan Brewer (R) signed a bill that will allow the health department to perform unannounced inspections of abortion clinics if the director believes the clinic to be in violation of a regulation. The enacted law, which also includes restrictions on minors’ ability to access abortion and abortion reporting requirements, is scheduled to take effect in July.

 

(ENACTED) INDIANA: In March, Gov. Mike Pence (R) signed a measure that amends the state’s law that requires abortion providers to either have admitting privileges at a local hospital or an agreement with a physician who has such privileges. The measure requires abortion providers who have an admitting privilege agreement with another physician to file written documentation of the agreement with the state department. In addition, the law will also require abortion clinics to be inspected at least once a year. The law is scheduled to go into effect in July.

 

MISSOURI: In May, the House amended a bill to include a measure that would require the health department to perform at least one annual inspection of clinics that provide abortions. The bill also includes restrictions on which organizations can receive family planning funding. No further action is expected since the legislature has adjourned its regular session.

 

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Crisis Pregnancy Centers

''Choose Life' License Plates

Click here for current status of state policy on 'Choose Life' License Plate laws

Introduced in 3 states

IL, MI and WI

 

NORTH CAROLINA: In February, the U.S. Court of Appeals for the Fourth Circuit ruled that North Carolina’s “Choose Life” license plate program was unconstitutional under the First Amendment because the state refused to print license plates displaying an alternate message, such as “Respect Choice,” as well. The Department of Motor Vehicles cannot print license plates displaying either message. The Attorney General of North Carolina has not decided whether he will appeal this ruling.

 

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Regulation of Crisis Pregnancy Centers

Introduced in 5 states

AZ, MO, NY, RI and VT

Bill Status:

Passed at least one chamber in MO

 

MISSOURI: In March, the House passed a bill that would prohibit any regulation of crisis pregnancy centers. The bill also includes a provision regarding parental consent for minors’ abortions. No further action is expected since the legislature has adjourned its regular session.

 

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State Funding of Alternatives-to-Abortion Services

Introduced in 3 states

MI, MO and PA

Bill Status:

Passed at least one chamber in MI, MO and PA

Enacted in MI and MO

 

(ENACTED) MICHIGAN: In June, both chambers passed and Gov. Rick Snyder (R) signed a budget bill that allocates $800,000 for a pregnancy and parenting support services program, which must promote childbirth, alternatives to abortion and grief counseling. The law also allocates funding for family planning services.

 

(ENACTED) MISSOURI: In June, Gov. Jay Nixon (D) reduced the amount allocated for alternatives-to-abortion services by $500,000 to almost $1.7 million.

 

MISSOURI: In March, the House passed a measure increasing the amount of cumulative tax credits that those donating to crisis pregnancy centers may receive, from $2 million in fiscal year 2014 to $2.5 million each fiscal year thereafter. No further action is expected since the legislature has adjourned its regular session..

 

MISSOURI: In March, the House passed a budget bill that would provide crisis pregnancy centers with $2.1 million in state funding. The bill splits the money between the centers and publicity campaigns. No further action is expected since the legislature has adjourned its regular session.

 

PENNSYLVANIA: In June, the legislature adopted the state’s budget which includes $1,000,000 from the federal Social Services Block Grant to fund alternatives to abortion services. The bill, which also including funds for family planning services, is awaiting action by Gov. Tom Corbett (R).

 

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

FL, GA, IA, MI, RI, OH and WV

Bill Status:

Enacted in GA

 

(ENACTED) GEORGIA: In April, Gov. Nathan Deal (R) approved a bill that will ban abortion coverage in the plans offered in the health exchange except in cases of life endangerment or possible “substantial or irreversible impairment of a major bodily function.” The enacted bill, which also codifies restrictions on abortion coverage in the state employees’ health plan, is in effect.

 

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Private Insurance Coverage of Abortion

Click here for current status of state policy

Introduced in 8 states

GA, IN, IA, OH, RI, SC, WV and WI

Bill Status:

Enacted in GA, IN and SC

 

(ENACTED) GEORGIA: In April, Gov. Nathan Deal (R) approved a measure that codifies regulations set by the state health department in 2013 that prohibit the state employees’ health plan from covering abortion except in cases of life endangerment. The measure, which also restricts abortion coverage in plans offered in the health exchanges in the state, is in effect.

 

GEORGIA: In March, the House passed a bill that would codify regulations set by the state health department in 2013 that prohibit the state employees’ health plan from covering abortion except in cases of life endangerment. The House amended the bill later that month and the bill was sent to the governor without the relevant provision.

 

(ENACTED) INDIANA: In March, Gov. Mike Pence (R) signed a bill that prohibits private insurers’ health plans from covering abortions except in cases of life endangerment, rape, or incest, or when necessary to prevent “substantial and irreversible impairment of a major bodily function.” Additional abortion coverage will be available at an additional cost. The bill is scheduled to go into effect in December.

 

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

 

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Public Funding of Abortion for Low-Income Women

Click here for current status of state policy

Introduced in 9 states

AK, IA, LA, MD, MI, MN, PA, RI and WV

Bill Status:

Passed at least one chamber in MN

Enacted in AK and MD

 

(ENACTED) ALASKA: In April, Gov. Sean Parnell (R) approved a bill that will define a “medically necessary abortion” as a procedure that must be performed to protect a woman’s life or physical health. The enacted bill is scheduled to take effect in July.

 

ALASKA: In May, the Gov. Sean Parnell (R) signed two budget bills 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.

 

(ENACTED) MARYLAND: In April, Gov. Martin O’Malley (D) approved a budget bill that reenacts current restrictions limiting public funding of abortion to cases of incest, rape, life or health endangerment, and fetal impairment. The provision goes into effect in July.

 

MINNESOTA: In May, Gov. Mark Dayton (D) signed into law an omnibus budget bill. The House version of the bill would have limited Medicaid funding for abortion to cases of rape, incest or life endangerment. The bill would also have amended abortion reporting requirements and the state’s policy on later abortion. The relevant provisions were removed in the version that passed the Senate and that Gov. Dayton signed. 

 

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Requiring Abortion Coverage

Introduced in 2 states

NY and WA

Bill Status:

Passed at least one chamber in WA

 

WASHINGTON: In February, the House passed a measure 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 includes exceptions, such as when the entity purchasing insurance objects based on religious reasons. No further action is expected since the legislature has adjourned its regular session.

 

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Later Term Abortion

'Partial-Birth' Abortion

Click here for current status of state policy

Introduced in 3 states

HI, MA and RI

 

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'Postviability' Abortion

Click here for current status of state policy

Introduced in 2 states

FL and NJ

Bill Status:

Enacted in FL

 

(ENACTED) FLORIDA: In June, Gov. Rick Scott (R) approved a measure banning postviability abortion unless a pregnant woman’s life is at risk or her physical health would be irreversibly impaired. (The measure retains current state law, which bans abortions during the third trimester, except in these circumstances.) The measure would also require these abortions to take place in a hospital; a second physician would have to attend the procedure and, except in cases of medical emergency, certify that the abortion meets the state’s requirements. The law goes into effect July 1.

 

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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 9 states

IL, IA, KY, MD, MN, MS, NJ, SC and WV

Bill Status:

Passed at least one chamber in SC

Enacted in MS

Vetoed in WV

 

MINNESOTA: In May, Gov. Mark Dayton (D) signed into law an omnibus budget bill. The House version of the bill prohibited abortions after 20 weeks postfertilization, with exceptions only to protect a woman’s life or physical health. The measure also included a limit on Medicaid funding of abortion. The relevant provisions were removed in the version that passed the Senate and that Gov. Dayton signed. 

 

(ENACTED) MISSISSIPPI: In April, Gov. Phil Bryant (R) signed into law a measure banning abortions at 18 weeks postfertilization (the equivalent of 20 weeks after the woman’s last menstrual period). An abortion would be allowed after that point only in cases of life endangerment, possible “substantial and irreversible physical impairment of a major bodily function” or a lethal fetal condition. The bill is scheduled to take effect July 1.

 

SOUTH CAROLINA: In March, the House passed a bill that would ban abortions at 20 weeks postfertilization, with exceptions for life endangerment and “serious risk of substantial and irreversible physical impairment of a major bodily function.” The bill also includes reporting requirements. No further action is expected since the legislature has adjourned its regular session.

 

WEST VIRGINIA: In March, Gov. Earl Ray Tomblin (D) vetoed a measure that would ban abortions at 20 weeks after fertilization, calling the measure “unconstitutional” and saying that it “unduly restricts the physician-patient relationship.” The bill, which passed the House and Senate, also included reporting requirements.

 

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Mandatory Counseling and Waiting Periods Before Abortion

State-Directed Counseling

Click here for current status of state policy

Introduced in 11 states (These bills may overlap with bills that require a waiting period.)

AL, IL, KS, LA, MA, MO, NE, NY, OH, OK and RI

Including:

Information that the fetus can feel pain—3 states

Inaccurate information on abortion and risk of breast cancer4 states

Bill Status:

Passed at least one chamber in AL and LA

Enacted in KS, LA and OK

 

ALABAMA: In March, the House approved a measure that would require a woman seeking an abortion because of a lethal fetal anomaly to receive counseling on perinatal hospice services. The bill requires that the counseling be conducted in-person with the physician at least 48 hours before the abortion. No further action is expected since the legislature has adjourned its regular session.

 

(ENACTED) KANSAS: In April, Gov. Sam Brownback (R) approved a measure that deletes the requirement that fetal development information be “objective, nonjudgmental and scientifically accurate.” The new law also limits the situations when an abortion may be provided without complying with the state’s abortion restrictions, by allowing an abortion only when a woman’s life is endangered or her physical health is severely compromised. The previous law did not limit the medical emergency exception to physical health. The new law is in effect.

 

(ENACTED) LOUISIANA: In June, Gov. Bobby Jindal (R) signed into law a bill that requires abortion clinics to post the phone number of the National Human Trafficking Resource Center hotline. The law goes into effect August 1.

 

(ENACTED) LOUISIANA: In June, Gov. Bobby Jindal (R) approved a measure requiring that a woman seeking an abortion be informed that abortion “may have serious psychological impacts.” As part of the abortion counseling materials, the woman will also receive a list of organizations that are unaffiliated with an abortion provider and that provide free and confidential counseling services in case she suffers from emotional distress before obtaining the abortion. The materials also include information on human trafficking and abuse. The law is scheduled to take effect in August.

 

(ENACTED) OKLAHOMA: In April, Gov. Mary Fallin (R) signed a law that requires a provider to counsel a woman on perinatal hospice care if the woman is seeking an abortion due to a lethal fetal condition. The bill, which is scheduled to take effect November 1, also contains reporting requirements.

 

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Requirements for Waiting Period before an Abortion

Click here for current status of state policy

Introduced in 8 states (These bills may overlap with bills that require abortion counseling.)

AL, IL, KY, MA, MO, NY, OH and TN

Including:

Requiring a woman to make two trips to the clinic4 states

Bill Status:

Passed at least one chamber in KY and MO

Enacted in AL

 

(ENACTED) ALABAMA: In April, Gov. Robert Bentley (R) signed into law a bill extending the state’s waiting period before an abortion from 24 hours to 48 hours. The bill is scheduled to take effect in May.

 

KENTUCKY: In January, the Senate approved a bill that would require in-person counseling prior to an abortion by mandating that counseling take place in an “individual, private setting” where both parties are in the same room. No further action is expected since the legislature has adjourned its regular session.

 

MISSOURI: In May, the Senate approved a measure that would extend the state’s waiting period before an abortion from 24 to 72 hours. The measure awaits Gov. Jay Nixon’s (D) signature. (In early July, Gov. Nixon vetoed the bill.)

 

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Medication Abortion

Click here for current status of state policy

Introduced in 4 states

IA, KY, MN and OK

Bill Status:

Regulations issued in AZ

Passed at least one chamber in IA

Enacted in OK

 

ARIZONA: In April, the Ninth Circuit issued a temporary restraining order blocking enforcement of a law which would require abortion providers to follow the outdated FDA protocol when administering medication abortion; this requirement blocks the use of newer evidence-based regimens that are as safe and effective, allow the woman to make fewer trips to the clinic and can be used two weeks further into pregnancy. The court granted the restraining order because abortion patients “will immediately lose access to a common abortion procedure as soon as the law takes effect.”

 

IOWA: In February, the House passed a bill that would ban the use of telemedicine to provide abortions. No further action is expected since the legislature has adjourned its regular session.

 

(ENACTED) OKLAHOMA: In April, Gov. Mary Fallin (R) signed into law a measure that would require physicians to dispense medication abortion according to FDA protocol; this requirement blocks the use of newer evidence-based regimens that are as safe and effective but have fewer side effects and a lower cost. The law, which replaces Oklahoma’s previous medication abortion ban that was found to be unconstitutional, is scheduled to go into effect in November. 

 

TEXAS: In March, the U.S. Court of Appeals for the Fifth Circuit upheld the state’s law that prohibits the provision of medication abortion after 49 days of pregnancy and requires the woman to receive both doses of medication at the facility. The court found that the law will not impose substantial obstacles on abortion access. The court also upheld the state’s requirement that abortion providers have admitting privileges at a local hospital.

 

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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

AL, AZ, FL, KY, MI, MO, NY and WV

Bill Status:

Passed at least one chamber in MO

Enacted in AL and AZ

 

(ENACTED) ALABAMA: In April, Gov. Robert Bentley (R) signed legislation that amends the state’s parental consent requirement for minors obtaining abortions to require a parent seeking to consent to an abortion for his or her daughter to not only provide a certified birth certificate but also have the consent form notarized. The enacted law, which also adds requirements to the judicial bypass procedure for minors who cannot receive parental consent, is scheduled to go into effect in July.

 

(ENACTED) ARIZONA: In April, Gov. Jan Brewer (R) approved a bill that will make it a crime to intentionally assist a minor in obtaining an abortion without the notarized parental consent mandated by state law. The enacted law, which also includes clinic inspection and abortion reporting requirements, is scheduled to take effect in July.

 

MISSOURI: In March, the House passed a bill that would amend the parental consent requirement for minors obtaining an abortion to require a two-step process for a minor who has two custodial parents. One parent would need to consent to the procedure, and then notify the second parent in writing at least five days prior to the procedure. The state currently only requires one parent to consent, and does not pair parental consent with any type of waiting period requirement. The bill also includes a provision regarding crisis pregnancy centers. No further action is expected since the legislature has adjourned its regular session.

 

MONTANA: In January, a state district court blocked enforcement of state law that would have required a minor to obtain parental consent before an abortion. Parents were also required to provide government-issued identification and prove parental status via “written documentation.” The court held that the law violates the equal protection rights guaranteed by the Montana Constitution. The court using the same reasoning also blocked a law that would have required a minor’s parent be notified before an abortion.

 

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Parental Notification Requirements

Click here for current status of state policy

Introduced in 7 states

CA, GA, HI, NJ, NY, WA and WV

 

MONTANA: In January, a state district court blocked enforcement of state law that would have required a minor’s parent be notified before the minor obtained an abortion.  The court held that the law violates the equal protection rights guaranteed by the Montana Constitution. The court using the same reasoning also blocked a law that would have required a parent consent before a minor obtained an abortion.

 

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Physicians

Physician Liability

Introduced in 2 states

IA and OH

 

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Physician-Only Requirements for Surgical and Medication Abortion

Click here for current status of state policy

Introduced in 5 states

FL, IA, KY, MN and SC

 

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Prohibiting Coercing a Woman into Having an Abortion

Introduced in 1 state

MI

 

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Protecting Access

Attempts to Repeal Abortion Restrictions

Introduced in 12 states

AZ, GA, MA, MI, NE, NY, OH, OK, OR, RI, UT and VA

Bill Status:

Passed at least one chamber in VA

Enacted in UT

 

(ENACTED) UTAH: In March, Gov. Gary Herbert (R) signed a measure waiving the state’s counseling and ultrasound requirements when an abortion is necessary to protect the woman’s life or health or in cases of severe fetal impairment. The law is scheduled to take effect in May.

 

VIRGINIA: In February, the Senate adopted a measure that would repeal the state’s requirement that a woman seeking an abortion have an ultrasound as part of the preparation for the abortion. The bill would also repeal the requirement that the ultrasound take place at least 24 hours before the abortion if the woman lives less than 100 miles from the abortion clinic. No further action is expected since the legislature has adjourned its regular session.

 

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Clinic Access

Click here for current status of state policy

Introduced in 3 states

NH, NY and PA

Bill Status:

Enacted in NH

MASSACHUSETTS: In June, the U.S. Supreme Court struck down the Massachusetts law that placed a 35-foot buffer zone around reproductive health facilities. The Court held that the law is a violation of abortion protestors’ free speech rights.

 

(ENACTED) NEW HAMPSHIRE: In June, Gov. Maggie Hassan (D) signed a measure establishing a buffer zone of up to 25 feet around reproductive health care facilities. The buffer zone applies to the sidewalks, entrances, exits and driveways of the reproductive health care facilities. The state considers the law different than the Massachusetts law that was struck down in the U.S. Supreme Court’s ruling in McCullen v Coakley. The law is scheduled to take effect in July.

 

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Ensuring Legal Access to Abortion

Click here for current status of state policy

Introduced in 4 states

CO, NY, RI and VT

Bill Status:

Passed at least one chamber in NY

 

NEW YORK: In January, the Assembly adopted a measure that would permit abortion until 24 weeks of pregnancy and when the woman’s life or health is at risk in New York. No further action is expected since the legislature has adjourned its regular session.

 

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Repealing Pre-Roe Abortion Laws

Introduced in 2 states

MA and VT

Bill Status:

Enacted in VT

 

(ENACTED) VERMONT: In March, Gov. Peter Shumlin (D) signed a measure repealing the state’s pre-Roe law that banned abortion. The bill went into effect upon signing.

 

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Reporting Requirements

Abortion Reporting

Click here for current status of state policy

Introduced in 14 states

AZ, IL, IA, KY, LA, MD, MI, MN, NH, NJ, NY, OK, SC and WV

Bill Status:

Passed at least one chamber in LA and SC

Enacted in AZ, OK and SC

Vetoed in WV

 

(ENACTED) ARIZONA: In April, the Senate passed and Gov. Jan Brewer (R) signed a measure that would amend existing abortion reporting regulations to also require providers to report any abortions that result in a live birth. The measure, which also includes restrictions on minors’ ability to access abortion and clinic inspection requirements, takes effect in July. 

 

(ENACTED) LOUISIANA: In June, Gov. Bobby Jindal (R) signed a bill that will require abortion providers to report all instances of medication-induced abortion and any “adverse events” from medication abortion to the state. The bill, which also includes a provision requiring physicians to have admitting privileges at a nearby hospital, goes into effect in September.

 

(ENACTED) OKLAHOMA: In April, Gov. Mary Fallin (R) signed a law mandating that a doctor report to the state that abortion counseling included perinatal hospice information, which would be required if the abortion was sought due to a lethal fetal condition. The bill is scheduled to take effect November 1.

 

SOUTH CAROLINA: In March, 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. No further action is expected since the legislature has adjourned its regular session.

 

(ENACTED) SOUTH CAROLINA: In June, Gov. Nikki Haley (R) signed a bill that in addition to establishing the state’s budget also requires abortion providers to report to the state the physicians that have admitting privileges at a hospital and to report  abortion complications. The bill also continues a long-standing provision that limits abortion coverage in the state employees’ health plan and provides funding for family planning services.

 

WEST VIRGINIA: In March, Gov. Earl Ray Tomblin (D) vetoed a bill requiring providers to report on method of abortion, postfertilization age of the fetus and whether the woman had an ultrasound. The measure, which passed the House and Senate, would have banned abortions at 20 weeks after fertilization.

 

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Minors Reporting

Introduced in 4 states

CA, NY, WA and WV

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Self-Induced Abortion

Introduced in 1 state

HI

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Sex, Race or Genetic Selection

Introduced in 12 states

CA, IA, MA, MS, MO, NY, OR, RI, SD, VA, WV and WI

Bill Status:

Enacted in SD

 

(ENACTED) SOUTH DAKOTA: In March, Gov. Dennis Daugaard (R) signed a bill criminalizing the provision of an abortion if the provider knows the woman is obtaining the abortion for purposes of sex selection. The bill is scheduled to take effect July 1.

 

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State Employee and Facility Participation in Abortion

Introduced in 0 states

 

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Tax Credit Program Excludes Organizations That Provide Abortion Services

Introduced in 1 state

KS

 

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Training in Abortion Services

Introduced in 1 state

NY

Limits Training—0 states

Requires Training—1 state

 

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Ultrasound Requirements

Click here for current status of state policy

Introduced in 12 states

IL, KY, MA, MD, MI, MO, NJ, NY, OH, OK, RI and TN

Bill Status:

Passed at least one chamber in KY

Enacted in OK

 

KENTUCKY: In February, the Senate passed a measure requiring an ultrasound before an abortion may be provided. The measure allows the woman to avert her eyes but requires the doctor to describe and display the images. No further action is expected since the legislature has adjourned its regular session.

 

NORTH CAROLINA: In January, a federal district court blocked the state’s law that required providers to display and describe an ultrasound image at least four hours before a woman obtains an abortion. (The state already requires an ultrasound to be performed before an abortion.) The court found that the law violated the free speech rights guaranteed by the First Amendment because it compels “providers to speak the state’s message to women who refuse to hear it or who would be harmed by it.”

 

(ENACTED) OKLAHOMA: In May, Gov. Mary Fallin (R) approved a measure that would require an ultrasound prior to an abortion. The law, which also includes an admitting privilege requirement, is scheduled to take effect in November.

 

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ADOLESCENTS

Minors Access to Reproductive Healthcare

Click here for current status of state policy

Introduced in 7 states

CA, IA, KY, MO, NE, NJ and NY

Bill Status:

Passed at least one chamber in KY

 

KENTUCKY: In March, the House passed a measure that would require parents of children entering the sixth grade to opt-in for vaccination against HPV. No further action is expected since the legislature has adjourned its regular session.

 

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Sex Education

Click here for current status of state policy

Introduced in 28 states

AL, AK, AZ, CA, CT, GA, HI, IN, IA, KS, LA, MA, MI, MN, MS, MO, NE, NJ, NM, NY, OH, OK, RI, SC, UT, WA, WV and WI

Bill Status:

Passed at least one chamber in AK, MA, RI and SC

Enacted in CT, LA, NM, PA, SC and UT

 

ALASKA: In April, the Senate passed a measure that would require each school district to implement an age-appropriate sexual abuse awareness and education program for students in kindergarten through 12th grade. No further action is expected since the legislature has adjourned its regular session.

 

(ENACTED) CONNECTICUT: In June, Gov. Daniel Malloy (D) signed a law that defines teen dating violence, and requires that schools address it and develop prevention and intervention strategies. The measure takes effect in October.

 

(ENACTED) CONNECTICUT: In June, Gov. Daniel Malloy (D) signed a measure requiring a statewide sexual abuse and assault awareness and prevention program with age-appropriate materials for students in kindergarten through 12th grade. The law goes into effect in July and will be implemented in schools in October 2015.

 

(ENACTED) LOUISIANA: In June, Gov. Bobby Jindal (R) approved a measure requiring age-appropriate classroom instruction for all students on “child assault” awareness and prevention. (Earlier versions of the bill would have required education on sexual assault awareness and prevention.) The measure goes into effect August 1.

 

MASSACHUSETTS: In April, the House approved a bill that would require the department of elementary and secondary education to develop materials on domestic violence, teen dating violence and healthy relationships to be used in mandatory health education in grades 9–12. The bill awaits Senate action.

 

(ENACTED) NEW MEXICO: In March, Gov. Susana Martinez (R) signed a bill that requires health education instruction in all public schools to include age-appropriate sexual abuse and assault awareness and prevention training. The measure will be in effect for the 2014–2015 school year.

 

RHODE ISLAND: In June, the legislature approved two identical bills that require students in kindergarten through eighth grade to receive age-appropriate instruction in the prevention of abduction, exploitation and sexual abuse of children. The bills await action from Gov. Lincoln Chafee (D).

 

(ENACTED) SOUTH CAROLINA: In June, Gov. Nikki Haley (R) signed a measure that requires students in kindergarten through 12th grade to receive instruction in sexual abuse and assault awareness and prevention. The law applies to education provided after September 1, 2015.

 

SOUTH CAROLINA: In April, the House approved a bill that would require that mandated school-based sex education be medically accurate. No further action is expected since the legislature has adjourned its regular session.

 

(ENACTED) UTAH: In April, Gov. Gary Herbert (R) signed a bill that requires public and charter schools to provide age-appropriate instruction on child sexual abuse prevention and awareness to elementary school students. The law, which goes into effect in July 2015, requires parental notification before a student receives the education.

 

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Statutory Rape Reporting

Introduced in 1 state

HI

 

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CONTRACEPTION & PREVENTION

Definitions of Contraception

Introduced in 3 states

MO, RI 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 4 states

AZ, MI, MO and PA

 

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Restricting Access to Emergency Contraception

Introduced in 2 states

MS and OK

Bill Status:

Passed at least one chamber in OK

 

OKLAHOMA: In March, the Senate passed a bill that would require a minor younger than 17 to obtain a prescription in order to access emergency contraception. The bill is in direct violation of federal law and is identical to an Oklahoma provision temporarily enjoined pending a legal challenge. No further action is expected since the legislature has adjourned its regular session.

 

OKLAHOMA: In January, a state district court judge blocked enforcement of a law that would have required a minor younger than 17 to obtain a prescription in order to access emergency contraception. The court held that the law violates the legislature’s rule prohibiting a bill from addressing more than one subject.

 

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Family Planning Funds

Abortion-Related Restrictions on Family Planning Funds

Click here for current status of state policy

Introduced in 6 states

CO, MI, MO, NM, PA and VA

Bill Status:

Passed at least one chamber in MO

Enacted in CO, MI, MO and NY

 

(ENACTED) COLORADO: In April, Gov. John Hickenlooper (D) adopted the state’s budget bill that continues a long-standing prohibition against giving state family planning funds to organizations that provide abortion services with their own funds. The bill, which also allocates funding for family planning services, goes into effect in July.

 

(ENACTED) COLORADO: In February, Gov. John Hickenlooper (D) approved supplemental budget appropriations that allocate more than $6 million to family planning services for the 2014 fiscal year. Because of existing restrictions, none of these funds may be used directly or indirectly for abortion services. The law is in effect.

 

MISSOURI: In May, the House passed a measure that would disqualify independent family planning clinics, such as those operated by Planned Parenthood, from receiving any family planning funds managed by the state, including federal Medicaid reimbursement. The bill, was amended by the House to also include a clinic inspection requirement. No further action is expected since the legislature has adjourned its regular session. No further action is expected since the legislature has adjourned its regular session.

 

MISSOURI: In March, the House passed a bill that would require a provider that receives Title X funds for family planning services and also provides or counsels on abortions beyond those necessary to protect a woman’s life to report to the health department how the Title X funds were used. No further action is expected since the legislature has adjourned its regular session.

 

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Budget Bills: Family Planning Line Items

Introduced in 16 states

CO, DE, FL, GA, HI, IL, ME, MA, MI, MO, NJ, NY, PA, SC, VA and WI

Bill Status:

Passed at least one chamber in DE, MA, MI, NJ and PA

Enacted in CO, FL, MI, MO, NY, SC and VA

Vetoed in NJ

 

(ENACTED) COLORADO: In April, Gov. John Hickenlooper (D) approved a FY2015 appropriations bill that allocates more than $6.7 million for 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.

 

(ENACTED) COLORADO: In February, Gov. John Hickenlooper (D) approved supplemental budget appropriations that allocate more than $6 million to family planning services for the 2014 fiscal year. Because of existing restrictions, none of these funds may be used directly or indirectly for abortion services. The bill is in effect.

 

DELAWARE: In June, the legislature adopted the budget bill for the next fiscal year, which would appropriate more than $300,000 for family planning services, an amount that represents level funding for the line item. The bill is awaiting action by Gov. Jack Markell (D).

 

(ENACTED) FLORIDA: In June, Gov. Rick Scott (R) approved a budget bill that allocates more than $5.3 million for family planning services. The next budget year begins in July.

 

MASSACHUSETTS: In June, the legislature adopted the state’s budget, which allocates about $5 million for a range of health services including family planning services. The bill is awaiting action by Gov. Deval Patrick (D).

 

MICHIGAN: In June, both chambers agreed on a budget bill that would allocate more than $8 million for family planning services, roughly $2 million less than last year’s funding level. The bill, which also includes funding for programs that provide alternatives to abortion, is awaiting action by Gov. Rick Snyder (R).

 

(ENACTED) MICHIGAN: In March, Gov. Rick Snyder (R) signed the state’s supplemental budget bill for the remainder of the fiscal year. The measure appropriates $357,400 for family planning services.

 

(ENACTED) MISSOURI: In June, Gov. Jay Nixon (D) signed the state’s budget bill that allocates funding for family planning services. The budget year starts on July 1.

 

(ENACTED) MISSOURI: In April, Gov. Jay Nixon (D) approved supplemental budget appropriations for family planning services for the remainder of the 2014 fiscal year. The current budget year ends in June.

 

NEW JERSEY: In June, Gov. Chris Christie (R) line-item vetoed $7.5 million for family planning services, which was included in the supplemental appropriations bill that was passed by the legislature.

 

NEW JERSEY: In June, the Senate adopted a measure to provide $7.5 million for family planning services. The bill is awaiting action in the Assembly.

 

(ENACTED) NEW YORK: In April, Gov. Andrew Cuomo (D) signed into law a measure that allocates nearly $26 million for family planning services for the 2015 fiscal year; this is essentially the current funding level. The next budget year begins in April.

 

PENNSYLVANIA: In June, the legislature adopted the state’s budget which includes $2,000,000 from the federal Social Services Block Grant to fund family planning services. The bill, which also including funds for alternatives to abortion services, is awaiting action by Gov. Tom Corbett (R).

 

(ENACTED) SOUTH CAROLINA: In June, Gov. Nikki Haley (R) signed a budget bill that allocates over $32 million for family planning services. The bill also reenacts restrictions on abortion coverage in the state employee health plan and establishes a new abortion reporting requirement.

 

(ENACTED) VIRGINIA: In June, Gov. Terry McAuliffe (D) signed the state’s budget, which includes nearly $24.2 million in funding for family planning services for each of the next two years. The next budget cycle begins on July 1.

 

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Repealing Abortion-Related Restrictions on Family Planning Funds

Introduced in 2 states

OH and WI

 

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Insurance Coverage

Contraceptive Coverage

Click here for current status of state policy

Introduced in 7 states

CA, IA, NJ, NY, RI, WV and WI

Bill Status:

Passed at least one chamber in CA

 

CALIFORNIA: In May, the Senate passed a measure that would require private health plans to cover all FDA-approved contraceptives without cost-sharing. The bill, which includes certain exceptions as well as an option for religious employers to opt out, is awaiting action in the Assembly.

 

ILLINOIS: In May, both chambers passed a bill that would place a non-binding question on Illinois’s November 2014 ballot in order to poll voters on whether a health insurance plan that provides prescription drug coverage should be required to include prescription birth control as part of that coverage. The bill is awaiting action by Gov. Pat Quinn (D).

 

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HPV Tests and Vaccine Coverage

Introduced in 1 state

OH

 

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Protections for Confidential Medical Care within Insurance

Introduced in 3 states and the District of Columbia

ConfidentialityMD

Employer InterferenceDC, MI, NY

Bill Status:

Passed at least one chamber in NY

Enacted in MD

 

(ENACTED) MARYLAND: In April, Gov. Martin O’Malley (D) signed a bill that requires insurance carriers to allow enrollees to file a request for confidential communication from that carrier. The law is in effect.

 

NEW YORK: In June, the Assembly passed a bill that would make it illegal for an employer to discriminate against an employee on the basis of his or her reproductive health decisions or opinions. No further action is expected since the legislature has adjourned its regular session.

 

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Medicaid Family Planning Eligibility Expansions

Click here for current status of state policy

Introduced in 6 states

ME, NE, NJ, NY, RI and WI

Expands access in 6 states

Repeal of Expansion in 0 states

Bill Status:

Passed at least one chamber in NJ

Vetoed in ME

 

MAINE: In April, Gov. Paul LePage (R) vetoed a measure that would have required the state to apply for a state plan amendment to expand Medicaid family planning services. Individuals would have been eligible for services if their income was at 200% or below the federal poverty level.

 

NEW JERSEY: In June, both houses passed a measure 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 action by Gov. Chris Christie (R).

 

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Parental Involvement Requirements for Minors Seeking Contraceptive Services

Click here for current status of state policy

Introduced in 1 state

NY

 

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Partner Treatment for Sexually Transmitted Infections

Click here for current status of state policy

Introduced in 4 states and the District of Columbia

KY, MI, NY and WV

Bill Status:

Passed at least one chamber in KY and NY

Enacted in DC

Vetoed in WV

 

(ENACTED) DISTRICT OF COLUMBIA: In April, a measure that allows medical providers to prescribe or dispense a drug for treatment of chlamydia, gonorrhea or trichomoniasis for a patient’s partner without first seeing the partner passed the deadline for the U.S. Congress to act against it. The new law is in effect.

 

KENTUCKY: In February, the House passed a measure that would allow medical providers to prescribe or dispense a drug for treatment of chlamydia or gonorrhea for a patient’s partner(s) without first seeing the partner(s). No further action is expected since the legislature has adjourned its regular session.

 

NEW YORK: In February, the Assembly passed a measure that would expand the state’s policy on allowing medical providers to prescribe or dispense a drug for treatment of chlamydia for a patient’s partner(s) without first seeing the partner(s) to also include treatment for any STI as recommended by the Centers for Disease Control and Prevention. No further action is expected since the legislature has adjourned its regular session.

 

WEST VIRGINIA: In March, Gov. Earl Ray Tomblin (D) vetoed a measure that would have allowed medical providers to prescribe or dispense a drug for treatment of an STI for a patient’s partner without first seeing the partner. The bill would also have required 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 4 states

AZ, MO, NY and OK

 

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PREGNANCY & BIRTH

Fetal and Pregnant Woman Assault

Introduced in 14 states

AK, CO, FL, IL, IA, MA, MN, NH, NY, PA, RI, SC, TN and WV

Bill Status:

Passed at least one chamber in NH

Enacted in CO, FL and MN

 

(ENACTED) COLORADO: In June, Gov. John Hickenlooper (D) passed a measure allowing a woman to bring civil charges against a person responsible for the unlawful termination of her pregnancy at any point in gestation. The bill, which provides exceptions for actions by the pregnant woman and medical care, specifically prohibits giving personhood rights to fetuses and goes into effect in July. 

 

(ENACTED) FLORIDA: In June, Gov. Rick Scott (R) approved a measure that would make it a crime to cause the injury or death of a fetus at any point of development. The bill includes exceptions for abortion, medical treatment and actions by the pregnant woman. The state’s fetal homicide law currently applies to viable fetuses only. The law goes into effect in October.

 

(ENACTED) MINNESOTA: In April, the legislature passed and Gov. Mark Dayton (D) signed into law a measure that allows individuals to be prosecuted for causing injury or death to a fetus while driving a vehicle negligently or under the influence. The law, which goes into effect August 1, does not explicitly exempt the pregnant woman from prosecution.

 

NEW HAMPSHIRE:  In March, the House approved a bill that would consider a fetus at eight weeks postfertilization as a victim of homicide. The measure does not apply to abortions, medical treatment for the pregnant woman, or the woman’s actions. No further action is expected since the legislature has adjourned its regular session.

 

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HIV Testing of Infants and Pregnant Women

Introduced in 4 states

FL, LA, NJ and WA

Bill Status:

Enacted in LA

 

(ENACTED) LOUISIANA: In June, Gov. Bobby Jindal (R) signed into law a measure requiring doctors who treat women in the third trimester of pregnancy to offer a screening for HIV and syphilis at the first examination, even if the pregnant woman has been tested previously. The woman can choose to decline the screening. If the woman has been screened previously during the third trimester and does not disclose activities that may put her at risk of infection, then the doctor does not have to offer to retest. The law is in effect.

 

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Infant Abandonment

Click here for current status of state policy

Introduced in 7 states

KS, MA, NJ, NY, SC, VA and WI

Bill Status:

Enacted in KS

 

(ENACTED) KANSAS: In April, Gov. Sam Brownback (R) approved a bill that would allow a parent or another person voluntarily relinquishing an infant younger than 45 days old to remain anonymous, provided the child has not been abused. The parent may be offered the opportunity to provide medical or family information about the child. The bill, which also added police stations, sheriffs’ offices and law enforcement centers to the list of acceptable places to relinquish infants, goes into effect July 1.

 

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Infertility Coverage

Introduced in 9 states

CA, CT, HI, IL, MA, MO, NJ, PA and UT

Bill Status:

Enacted in UT

 

(ENACTED) UTAH: In April, Gov. Gary Herbert (R) approved a bill that will allow a health plan to offer coverage for adoption-related expenses instead of coverage for infertility treatment. The law is scheduled to take effect in April.

 

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Non-Medical Use of Ultrasound

Introduced in 0 states

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Stillbirth Certificates

Introduced in 7 states

KS, KY, LA, NJ, UT, WA and WI

Bill Status:

Passed at least one chamber in UT

Enacted in KS

 

(ENACTED) KANSAS: In May, Gov. Sam Brownback (R) signed into law a measure that would define stillbirth as any fetal death that occurs at 20 weeks or later, other than abortions. The law goes into effect in July.

 

KANSAS: In March, the House passed a bill that would allow stillbirth certificates to be issued for fetuses at least 20 weeks’ postfertilization. No further action is expected since the legislature has adjourned its regular session.

 

UTAH: In March, the House passed a measure that would amend the state’s statute to allow stillborn certificates to be issued for fetuses between 16 and 20 weeks’ gestation. The bill has since been defeated in the Senate.

 

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Substance Abuse During Pregnancy

Click here for current status of state policy

Introduced in 16 states

CO, FL, IL, IN, IA, KY, MD, MN, MS, MO, NY, OH, PA, TN, WV and WI

Bill Status:

Passed at least one chamber in MO and TN

Enacted in CO, IN, IA, KY, MO, OH, PA, TN and WI

 

Alabama: In May, the Supreme Court of Alabama found that a woman who uses drugs while pregnant is guilty of chemical endangerment of a child. The court found that the drug use is considered child abuse at any stage of gestation.

 

(ENACTED) KENTUCKY: In April, Gov. Steve Beshear (D) signed into law the final version of the state’s budget, which included $891,400 in each fiscal year for substance abuse treatment for pregnant women.

 

KENTUCKY: In February, the Senate approved a bill that would require the department of health to periodically publish the number of infants born with neonatal abstinence syndrome for statistical purposes. The bill would not include identifiable information about the patient. No further action is expected since the legislature has adjourned its regular session.

 

(ENACTED) MISSOURI: In June, Gov. Jay Nixon (D) signed a measure allowing the state to terminate the parental rights of a pregnant woman if she (or the newborn within eight hours of birth) tests positive for alcohol, cocaine, heroin or methamphetamines. The law also allows the state to terminate the parental rights of mothers who plead guilty to or are convicted of charges related to alcohol, cocaine, heroin or methamphetamine.

 

OHIO: In January, the House passed a measure that would require maternity units, newborn care nurseries and maternity homes to report newborns diagnosed as opioid-dependent at birth to the Department of Health. The reports would not include any identifying information about the patient and would not be shared with law enforcement. The bill is awaiting action in the Senate.

 

(ENACTED) PENNSYLVANIA: In January, Gov. Tom Corbett (R) signed a measure that requires medical providers to report to the appropriate county authority when an infant up to one year of age is affected by substance abuse by the mother, withdrawal symptoms or fetal alcohol syndrome. The new law is scheduled to take effect in April.

 

(ENACTED) TENNESSEE: In April, Gov. Bill Haslam (R) signed into law a bill that allows assault or homicide charges to be filed against pregnant women who use narcotics while pregnant. The bill provides an affirmative defense for women who enroll in and complete a treatment program. The new law is scheduled to take effect in July.  

 

(ENACTED) WISCONSIN: In April, Gov. Scott Walker (R) signed a measure that amends the state’s laws regarding substance abuse by pregnant women and new mothers. The bill would require testing if fetal alcohol syndrome (FAS) is suspected. If the infant is diagnosed with FAS, the provider must report to the agency responsible for conducting child abuse and neglect investigations. That agency must then offer services to both the woman and her infant.

 

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REFUSAL CLAUSES

Abortion Services

Click here for current status of state policy

Facilities

Introduced in 5 states

FL, MI, MO, NE and PA

Bill Status:

Passed at least one chamber in MO

 

MISSOURI: In April, the Senate passed a bill that allows facilities and providers to refuse to participate in abortion, contraception, sterilization, assisted reproduction, and stem-cell research, among other services, if participation conflicts with the facility’s religious, moral or ethical beliefs. The bill does not apply in emergencies or to information or counseling. No further action is expected since the legislature has adjourned its regular session.

 

 

Health Professionals

Introduced in 6 states

AL, FL, MI, MO, NE and PA

Bill Status:

Passed at least one chamber in AL and MO

 

ALABAMA: In January, the House approved a measure that would allow a health care provider to refuse to participate in any health care service related to abortion, sterilization, embryonic stem cell research and human cloning, if the objection is based on religious, moral or ethical belief. The measure would require a provider to file a written objection with his or her employer. The measure includes exceptions for life-threatening situations when other health care providers are not available or capable of providing health care and for abortion clinics. No further action is expected since the legislature has adjourned its regular session.

 

MISSOURI: In April, the Senate passed a bill that allows providers and facilities to refuse to participate in abortion, contraception, sterilization, assisted reproduction, and stem-cell research, among other services, if participation conflicts with the provider’s religious, moral or ethical beliefs. The bill does not apply in emergencies or to information or counseling. No further action is expected since the legislature has adjourned its regular session.

 

 

Insurers

Introduced in 1 state

MI

 

Pharmacists or Pharmacies

Introduced in 3 states

MI, NE and PA

 

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Contraceptive Services

Click here for current status of state policy

Facilities

Introduced in 4 states

MI, MO, NE and PA

Bill Status:

Passed at least one chamber in MO

 

MISSOURI: In February, the House passed a bill that would allow medical providers and facilities to refuse to participate in services that conflict with their religious, moral or ethical beliefs, including abortion, contraception and assisted reproduction. The bill does not apply in emergencies or to information or counseling. No further action is expected since the legislature has adjourned its regular session.

 

Health Professionals

Introduced in 4 states

MI, MO, NE and PA

Bill Status:

Passed at least one chamber in MO

 

MISSOURI: In February, the House passed a bill that would allow medical providers and facilities to refuse to participate in services that conflict with their religious, moral or ethical beliefs, including abortion, contraception and assisted reproduction. The bill does not apply in emergencies or to information or counseling. No further action is expected since the legislature has adjourned its regular session.

 

Insurers

Introduced in 1 state

MI

 

Pharmacies or Pharmacists

Introduced in 3 states

MI, NE and PA

 

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General Medical Care

Click here for current status of state policy

Facilities

Introduced in 4 states

MI, MO, NE and PA

 

Health Professionals

Introduced in 4 states

MI, MO, NE and PA

 

Insurers

Introduced in 1 state

MI

 

Pharmacists or Pharmacies

Introduced in 3 states

MI, NE and PA

 

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REPRODUCTIVE HEALTH AND ENVIRONMENTAL HAZARDS

Bisphenol A (BPA)

Introduced in 14 states

Bill Status:

Enacted in VT

 

(ENACTED) VERMONT: In June, Gov. Peter Shumlin (D) signed legislation that establishes a list of chemicals that are considered to be of “high concern” for children younger than 12. The list includes: BPA, specific phthalates, mercury and certain flame retardants. The bill also creates a working group that has the authority to add additional toxins to the list and to regulate or ban any listed toxins from products designed for children.

 

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Dioxin

Introduced in 4 states

 

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Flame Retardants

Introduced in 7 states

Bill Status:

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

Enacted in VT

 

CALIFORNIA: In May, the Senate adopted a measure that would require upholstered furniture to be labeled so that consumers know if the furniture has been treated with flame retardant chemicals. The bill is awaiting action in the Assembly.

 

MARYLAND: In February, the House adopted a measure that would amend the state’s law that bans the use of one common flame retardant in child care articles, such as strollers, mattresses and car seats to include another flame retardant, TDCPP. No further action is expected since the legislature has adjourned its regular session.

 

NEW YORK: In February, the Assembly passed a bill that would ban the sale of upholstered furniture that has been treated with common flame retardants, including TDCPP TRIS which is a chemical that may lower sperm count in men and negatively affect fetal development. No further action is expected, since the legislature has adjourned its regular session.

 

(ENACTED) VERMONT: In June, Gov. Peter Shumlin (D) signed legislation that establishes a list of chemicals that are considered to be of “high concern” for children younger than 12. The list includes: BPA, specific phthalates, mercury and certain flame retardants. The bill also creates a working group that has the authority to add additional toxins to the list and to regulate or ban any listed toxins from products designed for children.

 

WASHINGTON: In January, the House adopted a bill that would limit the use of common flame retardants, TDCPP or TCEP, in products designed for children and in upholstered furniture for residential sale. As of July 1, 2015, upholstered furniture and children’s products would not be allowed to contain more than one hundred parts per million of the flame retardants in any product component. No further action is expected since the legislature has adjourned its regular session.

 

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Lead

Introduced in 15 states

Bill Status:

Passed at least one chamber in NC

 

NORTH CAROLINA: In June, the Senate adopted a bill that would require coal ash to be placed in lined landfills or used in the manufacture of concrete, so that the ash does not leak into the environment. (Coal ash contains heavy metals such as lead and mercury, and toxins including cadmium, chromium and selenium.) The bill would establish a committee, which would decide whether to require that existing coal ash ponds be removed or closed, allowing the ash to enter into the environment. The bill is awaiting action in the House.

 

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Mercury

Introduced in 19 states

Bill Status:

Passed at least one chamber in NY and NC

Enacted in MN and VT

 

(ENACTED) MINNESOTA: In May, Gov. Mark Dayton (D) signed legislation that bans the sale of mercury-containing balancing devices and wheel weights as of January 2015 and requires recycling of existing products. The bill also bans, as of January 2017, the use of a common antibacterial agent, triclosan, which is often found in hand soap.

 

NEW YORK: In June, the Assembly adopted a measure that would ban the use, sale or distribution of wheel weights or other tire balancing products that contain mercury. The ban on mercury in automotive products would also apply to balancing products for other car parts including engines, motors, fans and drive shafts. No further action is expected, since the legislature has adjourned its regular session.

 

NORTH CAROLINA: In June, the Senate adopted a bill that would require coal ash to be placed in lined landfills or used in the manufacture of concrete, so that the ash does not leak into the environment. (Coal ash contains heavy metals such as lead and mercury, and toxins including cadmium, chromium and selenium.) The bill would establish a committee, which would decide whether to require that existing coal ash ponds be removed or closed, allowing the ash to enter into the environment. The bill is awaiting action in the House.

 

(ENACTED) VERMONT: In May, Gov. Peter Shumlin (D) signed a measure that requires retailers that sell single-use or rechargeable batteries to institute a battery recycling program by January 1, 2016.

 

(ENACTED) VERMONT: In June, Gov. Peter Shumlin (D) signed legislation that establishes a list of chemicals that are considered to be of “high concern” for children younger than 12. The list includes: BPA, specific phthalates, mercury and certain flame retardants. The bill also creates a working group that has the authority to add additional toxins to the list and to regulate or ban any listed toxins from products designed for children.

 

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Parabens

Introduced in 5 states

 

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Pesticides

Introduced in 5 states

Bill Status:

Passed at least one chamber in CA and CT

 

CALIFORNIA: In May, the Senate adopted a measure that would require schools to have a plan for the use of pesticides on school grounds and would require anyone who applies pesticides on school grounds to receive training on pesticides and child health. The bill is awaiting action in the Assembly.

 

CONNECTICUT: In April, the Senate adopted legislation that extends the ban on pesticides on school grounds to include high schools. (Current law applies to grade schools and middle schools.) The bill was defeated in the House.

 

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Phthalates

Introduced in 7 states

Bill Status:

Enacted in VT

 

(ENACTED) VERMONT: In June, Gov. Peter Shumlin (D) signed legislation that establishes a list of chemicals that are considered to be of “high concern” for children younger than 12. The list includes: BPA, specific phthalates, mercury and certain flame retardants. The bill also creates a working group that has the authority to add additional toxins to the list and to regulate or ban any listed toxins from products designed for children.

 

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