The Alan Guttmacher Institute

Monthly State Update:
MAJOR DEVELOPMENTS IN 2006

(as of 2/1/2006)

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 February, legislatures in 38 states (AL, AK, AZ, CA, CO, DE, GA, HI, ID, IL, IN, IA, KS, KY, ME, MA, MD, MI, MN, MS, MO, NE, NH, NJ, NM, NY, OH, PA, RI, SC, SD, TN, UT, VT, VA, WA, WV and WI) were in regular session. The legislatures in seven states (CT, FL, LA, MN, NC, OK and WY) have not yet convened. Legislatures in six states (AR, MT, NV, ND, OR and TX) will not meet in a regular session in 2006.

 

Jump to actions around:

Abortion
Abortion Bans to Replace Roe

'Choose Life' License Plates

Crisis Pregnancy Centers/Alternatives to Abortion

Fetal Pain
Mandatory Counseling and Waiting Periods

Minors Reporting
Parental Involvement
'Partial-Birth' Abortion
Physician-Only Requirements
Postviability Abortion
Private Insurance Coverage of Abortion
Protecting Access to Clinics

Public Funding of Abortion
Reporting Statistical Information to State Agencies
Stem-Cell and Embryo Research

Targeted Regulation of Abortion Providers
See Also:

Contraception and Prevention: Abortion-Related Restrictions on State Family Planning Funds

Fetal Assault
Refusal Clauses: Abortion Services (See also General Medical Services)

Contraception & Prevention
Abortion-Related Restrictions on State Family Planning Funds
Contraceptive Coverage
Emergency Contraception

HPV

Parental Involvement

Requiring Pharmacists to Dispense Contraception

State Medicaid Family Planning Eligibility Expansions

See Also:

Youth: Child Abuse Reporting
Refusal Clauses: Contraceptive Services (See also General Medical Services)

Pregnancy & Birth

Fetal Assault

HIV Testing of Infants and Pregnant Women

Infant Abandonment

Infertility Coverage
Substance Abuse During Pregnancy

Refusal Clauses
Abortion Services
Contraceptive Services
General Medical Services

Youth
Child Abuse Reporting
Sex Education
See Also:

Abortion: Minors Reporting
Abortion: Parental Involvement
Contraception & Prevention: Parental Involvement

 

ABORTION

See also:

CONTRACEPTION & PREVENTION: Abortion-Related Restrictions on State Family Planning Funds
REFUSAL CLAUSES

 

Abortion Bans to Replace Roe

Introduced: 7states

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'Choose Life' License Plate Revenue Used to Fund Crisis Pregnancy Centers

Introduced: 1 state

Click here for current status of state policy

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Crisis Pregnancy Centers/Alternatives to Abortion

Introduced: 2 states

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Fetal Pain

(These bills overlap with bills in the Mandatory Counseling and Waiting Period category.)

Click here for the current status of state policy

Introduced: 7 states

States with further action

Committee action: AZ and IN

Passed at least one chamber: UT

Vetoed: WI

In January, the UTAH House passed a bill that would amend the state's existing counseling law to require that, except in the case of medical emergencies, women seeking an abortion who are at least 20 weeks pregnant must be told about the availability of anesthesia that can be administered directly to the fetus to help eliminate pain. The bill is awaiting action in the Senate.

In January, WISCONSIN Gov. Jim Doyle (D) vetoed a measure that would have amended the state's current counseling law to require that women who are seeking an abortion at least 20 weeks of gestation be told that \x93the unborn child has the physical structures necessary to experience pain\x94 and that anesthesia may be administered directly to the fetus to help eliminate any pain caused by the abortion. The bill had passed the Senate in September 2005, and the Assembly in November.

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Mandatory Counseling and Waiting Periods Before Abortion

Women Required to Receive State-Directed Counseling:

Introduced: 3 states

States with further action

Passed at least one chamber: UT

Click here for current status of state policy

In January, the UTAH House passed a measure that would amend the state's current counseling law to require that the information given to women prior to an abortion include a list of adoption agencies and information on financial assistance that can be provided by adoptive parents. The measure, which also includes a provision requiring parental consent, is awaiting action in the Senate.

Requirements for State-Directed Counseling Followed by a Waiting Period:

Introduced: 10 states

Click here for current status of state policy

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Minors Reporting Requirements

Introduced: 4 states

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Parental Involvement in Minors' Abortions

Parental Consent Requirements:

Introduced: 11 states

States with further action

Passed at least one chamber: UT

Click here for current status of state policy

In January, the UTAH House passed a measure requiring abortion providers to obtain parental consent before performing an abortion on a minor. (State law would continue to require providers to notify one of the minor's parents 24 hours before the procedure as well.) Consent could be waived with a judicial bypass or in cases of a medical emergency. The measure also requires that the counseling given to women include information concerning adoption. The measure is currently awaiting action in the Senate.

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Parental Notification Requirements:

Introduced: 11 states

Click here for current status of state policy

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'Partial-Birth' Abortion

Introduced: 6 states

Click here for current status of state policy

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Physician-Only Requirements

Introduced: 6 states

States with further action

Committee action: MS and VA

Passed as least one chamber: OH

In January , the OHIO House passed a bill that would prohibit physician assistants from performing abortions or prescribing any drug or device that induces abortion. The bill passed the Senate in October 2005 and is awaiting action from Gov. Bob Taft (R).

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Postviability Abortion

Introduced: 3 states

Click here for current status of state policy

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Private Insurance Coverage of Abortion

Introduced: 1 state

Click here for current status of state policy

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Protecting Access to Clinics

Introduced: 1 state

Click here for current status of state policy

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Public Funding of Abortion for Low-Income Women

Introduced: 2 states

Click here for current status of state policy

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Reporting Statistical Information to State Agencies

Introduced: 2 states

Click here for current status of state policy

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Stem-Cell and Embryo Research

Introduced: 15 states

States with further action

Committee action: MS and VA

Passed at least one chamber: DE

In January, the DELAWARE House amended and passed a measure that had originally been intended to promote stem cell research in the state. As passed by the Senate in June, the original version would have promoted stem cell research while banning reproductive cloning. In sharp contrast, the House-passed version would ban reproductive cloning while leaving the issue of stem cell research unaddressed. The measure's sponsor in the Senate has decided to let the bill expire rather than ratify the House version.

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Targeted Regulation of Abortion Providers

Introduced: 8 states

States with further action

Committee action: VA

Passed at least one chamber: SD

In January, the SOUTH DAKOTA Senate passed a measure imposing regulations of abortion clinics that are more onerous than those imposed on other similar types of health care facilities. The new measure allows for potential arbitrary control of the regulatory process by the state Department of Health and higher application fees. The measure is awaiting action in the House.

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CONTRACEPTION & PREVENTION

See also:

REFUSAL CLAUSES
YOUTH: Child Abuse Reporting

Abortion-Related Restrictions on Family Planning Funds

Introduced: 6 states

States with further action

Committee action: VA

Click here for current status of state policy

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Contraceptive Coverage Mandates

Introduced: 5 states

States with further action

Committee action: SD

Enacted: NJ

Click here for current status of state policy

(ENACTED) In January, NEW JERSEY Acting Gov. Dick Codey (D) signed a bill that requires health benefit plans that cover outpatient prescription drugs to include coverage of prescription contraceptives. A religious employer can be exempted from the requirement if the objection is based on bona fide religious beliefs and the organization is a church, association of churches or a religiously sponsored school. Exempted organizations must notify employees of the refusal. In 2005, the bill passed the Senate in June and the Assembly in December.

In January, a NEW YORK appeals court rejected a challenge to the state's contraceptive coverage mandate based on its provisions allowing certain religious employers to refuse to provide the coverage. The law was challenged by religiously-affiliated organizations who claimed that the existing exemption was too narrow and as such violated federal and state constitutional protections for religion. The court held that the law does not violate religious rights because it is designed to increase women's access to health care services and not impinge on religion. The religious organizations plan to appeal to the state's highest court.

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Emergency Contraception

(See Also: Requiring Pharmacists to Dispense Contraception and Establishing the Right to Refuse to Provide Contraceptive Services)

Offering Emergency Contraception Services to Sexual Assault Victims:

Introduced: 10 states
States with further action

Committee action: SD

Click here for current status of state policy

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Allowing Pharmacists to Provide Emergency Contraception without a Prescription:

Introduced: 6 states

Click here for current status of state policy

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Expanding Access to Emergency Contraception:

Introduced: 1state

Click here for current status of state policy

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Restricting Access to Emergency Contraception:

Introduced:5 states

Click here for current status of state policy

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Requiring Pharmacists to Dispense Contraception

Introduced: 6 states

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HPV

Introduced: 3 states

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Parental Involvement Requirements for Minors Seeking Contraceptive Services

Introduced: 5 states

States with further action

Committee action: MS and VA

Click here for current status of state policy

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State Medicaid Family Planning Eligibility Expansions

Introduced: 1 state

Click here for current status of state policy

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PREGNANCY & BIRTH

See also:

REFUSAL CLAUSES

Fetal and Pregnant Woman Assault

Introduced: 27 states

States with further action

Committee action: IN, MS, NH and SD

Passed at least one chamber: AL

In January, the ALABAMA House passed a measure that would amend the state's current law to permit a fetus of any gestational age to be considered a victim of either criminal assault or homicide. Exceptions would be made for standard medical care provided with the pregnant woman's consent. The measure is awaiting action in the Senate.

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HIV Testing of Infants and Pregnant Women

Introduced: 3 states

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Infant Abandonment

Introduced: 6 states

Click here for current status of state policy

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Infertility Coverage

Introduced: 7 states

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Substance Abuse During Pregnancy

Introduced: 10 states

Click here for current status of state policy

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REFUSAL CLAUSES

Establishing the Right to Refuse to Provide Abortion Services

Allowing Health Professionals to Refuse:

Introduced: 11 states

States with further action

Committee action: SD

Click here for current status of state policy

Allowing Insurers to Refuse:

Introduced: 6 states

Click here for current status of state policy

Allowing Pharmacists to Refuse:

Introduced: 15 states

States with further action

Committee action: SD

Click here for current status of state policy

Allowing Facilities to Refuse:

Introduced: 6 states

Click here for current status of state policy

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Establishing the Right to Refuse to Provide Contraceptive Services

(See also: Requiring Pharmacists to Dispense Contraception)

Allowing Health Professionals to Refuse:

Introduced: 9 states

States with further action

Committee action: SD

Click here for current status of state policy

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Allowing Pharmacists to Refuse:

Introduced: 15 states

States with further action

Committee action: SD

Click here for current status of state policy

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Establishing the Right to Refuse to Provide Medical Care in General

Allowing Health Professionals to Refuse:

Introduced: 7 states

States with further action

Committee action: SD

Click here for current status of state policy

Allowing Insurers to Refuse:

Introduced: 5 states

Click here for current status of state policy

Allowing Pharmacists to Refuse:

Introduced: 10 states

States with further action

Committee action: SD

Click here for current status of state policy

Allowing Facilities to Refuse:

Introduced: 6 states

Click here for current status of state policy

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YOUTH

See also:
ABORTION: Parental Involvement
CONTRACEPTION & PREVENTION: Parental Involvement

Child Abuse Reporting

Introduced: 7 states

States with further action

Committee action: MS and VA

In January, a three judge panel of the U.S. 10 th Circuit Court of Appeals lifted a 2003 injunction barring enforcement of KANSAS ' controversial statutory rape reporting law. As interpreted by Kansas Attorney General Phill Kline, the law would have required health care providers to report consensual sexual behavior between minors under the age of 16 to law enforcement or face fines. Lawyers are currently seeking a permanent injunction in federal District Court.

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Sex Education

Provisions Requiring Sex Education:

Introduced: 18 states

States with further action

Passed at least one chamber: VA

Click here for current status of state policy

In January, the VIRGINIA House adopted a measure that would require school-based sex education to \x93emphasize\x94 abstinence. Curricula would also be required to encourage students to \x93honor and respect monogamous heterosexual marriage\x94 and discuss the emotional and psychological consequences of adolescent sexual activity. The measure would give parents the option to remove their children from the instruction. The measure is awaiting action in the Senate.

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Production of the State Update is made possible by support from The David and Lucile Packard Foundation and The John Merck Fund.




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