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Advancing Sexual and Reproductive Health and Rights
 

Monthly State Update:
MAJOR DEVELOPMENTS IN 2007

(as of 07/01/2007)

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

For a state-by-state chart of legislation enacted in 2007, click here.

 

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

Medical Emergency Exception in Abortion Law

Medication Abortion

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

Prohibiting Forcing a Woman to Have an Abortion

Protecting Access to Abortion
Protecting Access to Clinics

Public Funding of Abortion

Requiring Abortion Providers to Have Hospital Privileges
Reporting Statistical Information to State Agencies

State Participation in Abortion
Stem-Cell and Embryo Research

Targeted Regulation of Abortion Providers
See Also:

Contraception and Prevention: Abortion-Related Restrictions on State Family Planning FundsFetal 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: Insurance Coverage

HPV: School Entry Requirements

Parental Involvement

Requiring Pharmacists or Pharmacies 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

Nonmedical Use of Ultrasound

Stillborn Certificates
Substance Abuse During Pregnancy

Refusal Clauses
Abortion Services
Contraceptive Services
General Medical Services

 

Youth
Child Abuse Reporting

Minors Access to Reproductive Health
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

Click here for current status of state policy

Introduced in 11 states

Bill Status:

Passed at least one chamber in SD, UT and VA

Enacted in MS and ND

MISSISSIPPI: (ENACTED) In March, Gov. Haley Barbour (R) signed an omnibus abortion bill. The measure would ban abortion except in cases of life endangerment or rape if Roe v. Wade were overturned. The measure—which would also amend the state’s parental consent requirement, institute expensive clinic mandates and amend counseling procedures—passed the legislature in February.

MISSISSIPPI: In February, a committee in the House defeated a measure that would have banned abortion except when the woman’s life is endangered or the pregnancy was the result of rape or incest. The measure passed the Senate in February.

NORTH DAKOTA: (ENACTED) In April, Gov. John Hoevan (R) signed into law a measure that will make performing an abortion a felony if Roe v. Wade is overturned. Although the measure does not include any exceptions, it would explicitly permit a physician to avoid conviction if the procedure had been performed because the woman’s life was endangered or if the pregnancy was the result of rape or incest.

SOUTH DAKOTA: In February, a committee in the Senate defeated a measure that would have banned abortion except in cases of life endangerment, rape, incest or substantial threat to one of the woman’s major bodily functions. The bill passed the House in February.

UTAH: In February, the legislature defeated a measure that would have banned abortion if Roe v. Wade were overturned. The bill would have allowed abortion in cases of life endangerment, rape, incest or substantial threat to one of the woman’s major bodily functions. 

VIRGINIA: In February, a committee in the Senate defeated a measure that would have prohibited a pregnant woman from attempting to cause a miscarriage or induce an abortion in an attempt to terminate her pregnancy. The bill passed the House passed in February.

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

Click here for current status of state policy

Introduced in 4 states

ILLINOIS: In January, a federal judge ordered the state to allow “Choose Life” license plates as an option for motorists in the state. The production and disbursement of the plates are in abeyance pending an appeal.

PENNSYLVANIA: In February, the state began offering “Choose Life” license plates to motorists in the state. The proceeds from these specialty plates will be used to fund adoption and alternatives-to-abortion services.

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Crisis Pregnancy Centers/Alternatives to Abortion

Introduced in 15 states

Bill Status:

Passed at least one chamber in KS, LA, MO and PA

Enacted in AZ, MO, ND, OH, OK and TX

ARIZONA: (ENACTED) In June, Gov. Janet Napolitano (D) signed into law a measure that would allocate $20,000 for organizations that provide medically accurate alternatives-to-abortion services during pregnancy and for one year following birth. The funds may not be used by organizations that provide abortions or abortion referrals. The law, which passed the House in May and the Senate in June, goes into effect in July.

KANSAS: In March, each chamber of the legislature passed nearly identical measures that would appropriate state funds to the "Pregnancy Maintenance Initiative" which funds alternatives to abortion services.  No further action is expected since the legislature has adjourned its regular session.

LOUISIANA: In June, the legislature passed a measure that would allocate $1 million to alternatives-to-abortion services. The bill is awaiting action from Gov. Kathleen Blanco (D).

MISSOURI: (ENACTED) In June, Gov. Matt Blunt (R) signed into law a measure allocating funds to provide alternatives to abortion for women with an income of up to 200% of the federal poverty level. The program would offer a range of services to women during pregnancy and for one year after they give birth. Program funding could not be used for services related to family planning or abortion, and could not be provided to organizations that offer abortions or abortion referrals. The law, which passed the legislature in May, goes into effect in July.

MISSOURI: In May, the Senate passed a measure that would establish an alternatives-to-abortion program that would offer a range of services to women during pregnancy and for one year following birth. Program funding could not be used for services related to family planning or abortion, nor could they be disbursed to organizations that offer abortions or abortion referrals. The measure, which passed the House in April, also includes provisions related to clinic licensing, sex education and amending the definition of medical emergency for purposes of the state’s abortion law. It is awaiting action by Gov. Matt Blunt (R).

NORTH DAKOTA: (ENACTED) In April, Gov. John Hoeven (R) signed into law a measure that funds alternatives-to-abortion services and related public education activities. The law goes into effect July 1, 2007.

OHIO: (ENACTED) In June, Gov. Ted Strickland (D) signed a measure that would allocate $150,000 over the next two years to a Choose Life fund. The bill passed the legislature in June and goes into effect in July.

 

OKLAHOMA: (ENACTED) In June, Gov. Brad Henry (D) signed into law a measure that would require the Department of Health to disburse $40,000 to an alternatives-to-abortion fund. The law, which passed the legislature in May, goes into effect in July.

 

PENNSYLVANIA: In June, the legislature passed a measure that would allocate $4,655,000 to fund alternative-to-abortion programs. The bill, which passed the Senate in May, is currently in conference committee.

 

PENNSYLVANIA: In June, each chamber passed identical measures that would prohibit nonprofit organizations receiving alternatives-to-abortion funds to perform abortion services or counseling. The organizations receiving these monies must maintain a strict separation for organizations that provide abortion services. Each bill is awaiting action in the opposite chamber.

 

TEXAS: (ENACTED) In June, Gov. Rick Perry (R) signed into law a measure allocating $2.5 million for alternatives-to-abortion programs. The measure also amends the state’s restrictions on family planning funds by requiring organizations to maintain strict separation from abortion providers. The law, which passed the House in March and the Senate in April, goes into effect in September.

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Fetal Pain

Click here for the current status of state policy

Introduced in 9 states (These bills overlap with bills in the Mandatory Counseling and Waiting Period category.)

Bill Status:

Passed at least one chamber in KY, LA and VA

KENTUCKY: In March, the House adopted a measure that would require state-developed abortion counseling materials to include an unscientific statement on fetal pain. Under the measure, the materials state that, at 20 weeks, a fetus has the "physical structures necessary to experience pain," and that fetuses after 20 weeks’ gestation avoid stimuli in a manner that is similar to the avoidance of pain by a person or infant. The bill failed to pass the House before the legislature adjourned its regular session.

LOUISIANA: In June, the Senate passed a measure that would require a woman seeking an abortion be told about the availability of anesthesia “that would alleviate pain” to the fetus during the procedure. The bill would also require that a statement on fetal pain be included in the written materials given to the women and that women be offered the opportunity to review an ultrasound. The measure passed the House in May and is awaiting action by Gov. Kathleen Blanco (D).

VIRGINIA: In February, a committee in the Senate defeated a measure that would have required that a woman seeking an abortion after at least 20 weeks’ gestation be given information on the ability of a fetus to feel pain and be offered anesthesia for the fetus. Counseling materials offered to all women would also include a statement on the ability of a fetus to feel pain. The measure passed the House in February.

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Mandatory Counseling and Waiting Periods Before Abortion

Click here for current status of state policy

 

Women Required to Receive State-Directed Counseling

Introduced in 23 states

Bill Status:

Passed at least one chamber in AR, KY, LA, SC, SD, TX and VA

Enacted in AR, GA, ID and MS

Vetoed in OK

ARKANSAS: (ENACTED) In April, Gov. Mike Beebe (D) signed legislation amending the state’s abortion counseling materials to include a statement that a woman’s consent to have an abortion should be given voluntarily and not as the result of coercion. The measure passed the House in March and the Senate in April. It goes into effect in June.

GEORGIA: (ENACTED) In May, Gov. Sonny Perdue (R) signed legislation that requires a woman seeking an abortion to be offered the opportunity to view any ultrasound performed as part of the preparation for the procedure. The state-developed counseling materials would also include resource information for organizations that provide ultrasounds. The bill which, passed the House in March and the Senate in April, goes into effect in July.

IDAHO: (ENACTED) In March, Gov. C.L. Otter (R) signed a bill that requires abortion providers to offer a woman seeking an abortion the opportunity to view any ultrasound that is conducted in preparation for the procedure. The measure also gives women the right to ask for an ultrasound, even if the provider does not routinely conduct them. The bill passed both chambers in March.

KENTUCKY: In February, the Senate passed a bill that would require that the state-developed abortion counseling materials be “current.” The measure would also require abortion counseling to be provided in person, at least 24 hours before the procedure—in effect necessitating that the woman make two trips to obtain an abortion. The bill failed to pass the House before the legislature adjourned its regular session.

LOUISIANA: In June, the Senate passed a measure that would require a woman seeking an abortion be offered the opportunity to review an ultrasound. Current law requires abortion providers to perform an ultrasound to determine the gestational age of the fetus. It also would require the woman receive information on anesthesia for the fetus. The measure passed the House in May and is awaiting action by Gov. Kathleen Blanco (D).

MISSISSIPPI: (ENACTED) In March, Gov. Haley Barbour (R) signed an omnibus abortion measure. The bill requires a provider to perform an ultrasound on a woman seeking an abortion. The woman will be offered the opportunity to view the image, receive a copy of the image and to listen to the fetus’s heartbeat. The final version of the measure—which also bans abortion if Roe v. Wade were overturned, institutes expensive clinic mandates and amends the state’s parental consent requirement—passed the legislature in February.

MISSISSIPPI: In February, the Senate adopted a measure that would require a provider to perform an ultrasound on a woman seeking an abortion. The woman would be offered the opportunity to view the image, receive a photograph of the image, and listen to the fetus’s heartbeat. She would also be required to sign a consent form stating that the ultrasound was performed at least 24 hours before the procedure. The measure was included in an omnibus abortion bill and enacted in March.

NORTH DAKOTA: In January, the House defeated an omnibus abortion measure. The measure would have fortified the state’s existing abortion counseling requirement by mandating that counseling materials include information on coerced abortion, public assistance for minors who carry a pregnancy to term and the purported link between having an abortion and developing breast cancer, as well as color pictures of a developing fetus. Other provisions would have amended state law on medication abortion, postviability abortion and parental consent before a minor could obtain an abortion.

SOUTH CAROLINA: In May, the House approved a measure that would require abortion providers to perform an ultrasound before a woman obtains an abortion. The measure would also require providers to discuss the ultrasound with the woman, but the woman would not be not required to view the images. Earlier in May, the Senate passed a version of the bill that would make performance of an ultrasound optional before 14 weeks’ gestation. No further action is expected since the legislature adjourned its regular session.

SOUTH DAKOTA: In February, a committee in the House defeated a bill that would have required that a woman seeking an abortion be offered the “opportunity to view a sonogram” of her fetus. The bill passed the Senate in February.

TEXAS: In May, the Senate adopted a measure that would require abortion providers to perform an ultrasound on each woman seeking an abortion. While providers would be required to review the ultrasound results with the woman, she would not be required to view the image herself. No further action is expected since the legislature has adjourned its regular session.

TEXAS: In April, the Senate adopted a measure that would amend state's statutes on abortion counseling. Under the measure, abortion providers would be required to distribute state-developed information on domestic violence to women who indicate that they are abused or are being forced to have the abortion. The measure would also require providers to ensure that the woman is not being coerced into the abortion. The bill would also amend requirements for abortion reporting, including requirements specific to reporting abortions obtained by minors. No further action is expected since the leigslature has adjourned its regular session.

VIRGINIA: In February, a committee in the Senate defeated a bill that would have required abortion clinics to have ultrasound equipment on site and to offer women the opportunity to have an ultrasound performed and to view the image. The bill passed the House in February.

VIRGINIA: In February, a committee in the Senate defeated a measure that would have required that a woman seeking an abortion after at least 20 weeks’ gestation be given information on the ability of a fetus to feel pain and be offered anesthesia for the fetus. Counseling materials offered to all women would also include a statement on the ability of a fetus to feel pain. The measure passed the House in February.

Requirements for State-Directed Counseling Followed by a Waiting Period

Introduced in 13 states

Bill Status:

Passed at least one chamber in FL, KY and WY

FLORIDA: In May, the House passed a measure that would have established requirements for abortion counseling and require a woman to wait at least 24 hours after receiving counseling before obtaining an abortion. The measure would have also required that each woman be informed of her right to know the name and qualifications of the abortion provider, and her right to all appropriate medical care related to her abortion. Under the measure, abortion providers would have been required to perform an ultrasound on each woman seeking an abortion. Except in cases of rape or incest, or when delay would cause a “serious risk of substantial and irreversible” physical injury, the woman would have been offered the opportunity to view and discuss the image with the physician. The measure—which also included provisions related to postviability abortion and parental involvement—died at the end of the session.

KENTUCKY: In February, the Senate adopted a measure to amend the state’s abortion counseling statute. The measure would require that the counseling take place in person at the clinic; the current law allows counseling via telephone. Combined with the existing 24-hour waiting period, the measure would require the woman to make two trips to the clinic. The measure failed to pass the House before the legislature adjourned its regular session.

WYOMING: In February, the House defeated a measure that would have required a woman seeking an abortion to receive counseling before waiting 24 hours for the procedure.

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Medical Emergency Exception in Abortion Law

Introduced in 2 states

Bill Status:

Passed at least one chamber in MO

Enacted in OK

MISSOURI: In May, the Senate passed a measure that would allow exceptions in cases of a medical emergency (defined as when the pregnant women’s life or a “major bodily function” is at risk) to the entirety of Missouri's abortion law, including provisions concerning parental involvement, abortion counseling and postviability abortion. The measure, passed the House in April, also includes provisions related to clinic licensing, an alternatives-to-abortion program and sex education. It is awaiting action by Gov. Matt Blunt (R).

OKLAHOMA: (ENACTED) In May, Gov. Brad Henry (D) allowed an omnibus abortion measure to become law without his signature. The measure narrows the definition of “medical emergency” for purposes of the state’s abortion statutes, including requirements for parental involvement, abortion counseling and abortion reporting. The measure eliminates the existing mental health exception and allows exceptions only in cases where a physical condition could cause major impairment of a bodily function or death. The bill also amends the state’s requirements for minors seeking an abortion, prohibits health insurers from covering “elective abortions,” limits the scope of abortion counseling provided with state or federal funds, narrows the medical emergency exception to the state’s abortion code, requires additional abortion reporting and limits the involvement of state personnel and use of state facilities in abortion procedures. The governor had vetoed a similar bill in April because it lacked exceptions for rape and incest. The bill passed the House in March and the Senate in April and goes into effect in November.

Medication Abortion

Introduced in 4 states

Bill Status:

Enacted in OK

OKLAHOMA: (ENACTED) In May, Gov. Brad Henry (D) allowed an omnibus abortion measure to become law without his signature. The measure changes the definition of abortion to include medication abortion. The bill also amends the state’s requirements for minors seeking an abortion, prohibits health insurers from covering “elective abortions,” limits the scope of abortion counseling provided with state or federal funds, narrows the medical emergency exception to the state’s abortion code, requires additional abortion reporting and limits the involvement of state personnel and use of state facilities in abortion procedures. The governor had vetoed a similar bill in April because it lacked exceptions for rape and incest. The bill passed the House in March and the Senate in April and goes into effect in November.

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Minors Reporting Requirements

Introduced in 8 states

Bill Status:

Passed at least one chamber in TX and WV

Enacted in ID and OK

IDAHO: (ENACTED) In March, Gov. C.L. Otter (R) signed a measure that requires abortion providers to report information on abortions performed on minors and courts to report information on waivers of the state’s parental consent requirement. In addition, the measure requires parental consent before a minor may receive an abortion. The bill, which passed the Senate in February and the House in March, went into effect upon signing.

OKLAHOMA: (ENACTED) In May, Gov. Brad Henry (D) allowed an omnibus abortion measure to become law without his signature. It requires abortion providers to report extremely detailed information regarding minors’ abortions, including whether physicians received the mandatory parental consent, whether minors sought judicial bypass and whether or not such bypass was granted. The measure also prohibits health insurance organizations from covering “elective abortions,” limits the scope of abortion counseling provided with state or federal funds, narrows the “medical emergency” exception in the state’s abortion code, requires additional abortion reporting, includes medication abortion in the definition of abortion, and limits the involvement of state personnel and use of state facilities in abortion procedures, except in cases of rape or incest. The governor had vetoed a similar bill in April because it lacked exceptions for rape and incest. The bill passed the House in March and the Senate in April and goes into effect in November.

TEXAS: In April, the Senate passed a measure that would require abortion reporting specific to minors’ abortions. The measure would also require the Texas Supreme Court to issue a public report detailing the number of minors who sought a judicial bypass of the state’s parental consent requirement and the results of those petitions. The bill would also amend requirements for general abortion reporting and abortion counseling. No further action is expected since the legislature has adjourned its regular session.

WEST VIRGINIA: In February, the Senate passed a measure that would require abortion reporting specific to minors’ abortions. The measure would require reports to detail the number of abortions performed on minors with and without parental notification. The measure would also make it more difficult to waive parental notification. The measure failed to pass the House before the legislature adjourned its regular session.

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Parental Involvement in Minors' Abortions

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Parental Consent Requirements

Introduced in 13 states

Bill Status:

Enacted in ID, MS and OK

IDAHO: (ENACTED) In March, the House passed and Gov. C.L. Otter (R) signed into law a measure requiring written consent from one parent before an abortion is performed on a minor. The consent requirement can be waived because of a medical emergency or if the pregnancy is the result of rape or incest. The measure allows a minor to petition the court for a waiver. In addition, the measure institutes additional abortion reporting requirements related to parental consent and judicial bypasses. The measure, which passed the Senate in February, goes into effect July 1.

MISSISSIPPI: (ENACTED) In March, Gov. Haley Barbour (R) signed into law an omnibus abortion bill. The measure imposes a stricter standard for judges to use when deciding to the state’s requirement that a parent consent before a minor’s abortion. The measure—which also bans abortion if Roe v. Wade were overturned, institutes expensive clinic mandates and amends counseling procedures—passed the legislature in February. All sections of the measure except the abortion ban go into effect in July.

MISSOURI: In May, the state Supreme Court upheld a state law that prohibits aiding or assisting a minor’s attempt to circumvent parental consent requirements by going out of state to obtain an abortion. The Court, however, narrowed the definition of “aid or assist” to exclude any speech or counseling, limiting its application to material aid only, such as transporting a teen across state lines. The measure, which was signed into law in 2005, is in effect.

NORTH DAKOTA: In January, the House defeated an omnibus abortion measure. The measure would have required minors seeking a judicial bypass of the state’s parental consent requirement to do so only in their home county. It would also have imposed a stricter standard for judges to use when deciding bypass cases. Other provisions in the bill would have amended state law on medication abortion, postviability abortion and abortion counseling.

OKLAHOMA: (ENACTED) In May, Gov. Brad Henry (D) allowed an omnibus abortion measure to become law without his signature. It amends the state’s parental notification and consent requirement for minors seeking an abortion by requiring parents to both sign a legislatively-crafted consent form and provide photo identification. The physician must also sign a document crafted by the legislature attesting to the quality of the identification provided. The measure also requires that in case of a medical emergency, physicians notify a parent of a minor’s abortion no less than 24 hours after the procedure, unless the minor obtains a waiver in court. The measure mandates a stricter standard of judgment for courts adjudicating a minor’s request for a waiver of parental involvement. The measure also prohibits health insurance organizations from covering “elective abortions,” limits the scope of abortion counseling provided with state or federal funds, narrows the “medical emergency” exception in the state’s abortion code, requires additional abortion reporting, includes medication abortion in the definition of abortion, and limits the involvement of state personnel and use of state facilities in abortion procedures, except in cases of rape or incest. The governor had vetoed a similar bill in April because it lacked exceptions for rape and incest. The bill passed the House in March and the Senate in April, and goes into effect in November.

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Parental Notification Requirements

Introduced in 14 states

Bill Status:

Passed at least one chamber in AZ, FL, MT, NM and WV

Enacted in NH

ARIZONA: In June, the Senate defeated a measure that would have amended the state’s parental notification requirement for minors seeking an abortion. The measure would have required stricter standards of judgment for a court adjudicating a minor’s request for a waiver of the state’s parental notification requirement. The measure, which passed the House in March, is now dead.

FLORIDA: In May, the House passed a measure that would have amended the state’s judicial bypass procedure for minors seeking an abortion. Under the measure, a minor seeking to bypass the parental involvement requirement would have needed a court-appointed guardian to be present during the hearing. The measure would have also required judges to apply stricter criteria when determining a minor’s maturity. The measure—which also included provisions related to abortion counseling, waiting periods, postviability abortion and requiring abortion clinics to offer ultrasounds—died at the end of the session.

MONTANA: In February, the House passed a measure amending the state’s parental notification requirement. The measure would require that minors without a parent or guardian would still need to obtain a judicial waiver of parental notification before receiving an abortion. A single abusive act, as opposed to a pattern of abuse, would be sufficient to grant judicial bypass under the measure. No further action is expected since the legislature has adjourned its regular session.

NEW HAMPSHIRE: (ENACTED) In June, the Senate passed, and Gov. John Lynch (D) signed into law, a measure repealing the state’s parental notification mandate for minors seeking an abortion. The enjoined law, which included no exception for medical emergencies, gained national exposure when it was reviewed by the U.S. Supreme Court in November of last year. The Court remanded the law back to the circuit court where a judge was ordered to approve the law as applied to healthy teens (in effect, writing in a health exception) or declare it unconstitutional. That ruling was postponed pending the results of this measure in the New Hampshire General Court. The measure, which passed the House in March, took immediate effect and the parental notification law has been repealed.

NEW MEXICO: In February, the Senate passed a measure that would have required parental notice 48 hours before an abortion is performed on a minor. Notice would not have been required in cases of life endangerment or judicial waiver. The state’s current parental notice law is enjoined and not in effect. The measure was defeated in a House committee and is now dead.

WEST VIRGINIA: In March, a committee in the House defeated a measure that sought to amend the state’s current parental notification policy. The measure would have required 48 (instead of 24) hours’ notice, repealed a clause allowing physicians to waive notification when it is not in the best interest of the minor, and required more detailed reporting information from physicians after performing an abortion on a minor. The measure, which passed the Senate in February, is now dead.

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'Partial-Birth' Abortion

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Introduced in 8 states

Bill Status:

Passed at least one chamber in IA, LA and MO

IOWA: In May, the legislature removed an amendment from a measure that would have banned public funding of “partial-birth” abortions. The measure, which also includes other restrictions on public funding for abortions, passed the Senate in April with the “partial-birth” abortion amendment and was signed into law by Gov. Chet Culver (D); it goes into effect July 1.

LOUISIANA: In June, the legislature passed a measure that would ban “partial-birth” abortion in the state. Physicians who perform the procedure would face steep fines and prison sentences, although the measure includes an exception for when the woman’s life is at risk. The measure is awaiting the signature of Gov. Kathleen Blanco (D).

MICHIGAN: In June, the U.S. Court of Appeals for the 6th Circuit upheld a lower court’s decision declaring Michigan’s Legal Birth Definition Act unconstitutional. The law, which passed in 2004 but has never been enforced, sought to prohibit “partial-birth” abortion. Unlike the federal “partial-birth” abortion ban, which was recently upheld in the U.S. Supreme Court, Michigan’s law was overly broad and could be interpreted to prohibit other permissible abortion procedures. Attorney General Mike Cox (R) is deciding whether or not to appeal the decision.

MISSOURI: In May, the House passed a measure that would have made it a felony to perform a “partial-birth” abortion. The measure included an exception for life endangerment and allowed for civil action to be brought upon physicians performing the procedure. The measure, which also included restrictions on abortion providers, was defeated in conference committee and is now dead.

UTAH: In June, the U.S. District Court for the District of Utah lifted an injunction against the state’s “partial-birth” abortion ban. The state’s attorney general had asked the court in May to lift the injunction in light of the recent Supreme Court ruling. The ban, which was enacted in 2004 but never enforced, is modeled after the federal “partial-birth” ban, but includes longer prison sentences and larger fines for violators. The law is in effect.

 

WISCONSIN: In June, the Wisconsin Attorney General J.B. Van Hollen issued a statement declaring the state’s “partial-birth” abortion law unenforceable. In light of the recent Supreme Court ruling and at the request of state legislators, the attorney general reexamined the state’s ban, which was enacted in 1997 and has never been implemented. Van Hollen found the law so broad that it possibly restricted common second-term abortion procedures and ruled the ban unenforceable. The law remains enjoined and unenforceable.

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Physician-Only Requirements

Introduced in 0 states

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Postviability Abortion

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Introduced in 7 states

Bill Status:

Passed at least one chamber in FL

FLORIDA: In April, the House passed a measure that would have required that all third-trimester abortions be performed in a hospital. The measure—which also included provisions related to abortion counseling, waiting periods, parental involvement requiring abortion clinics to offer ultrasounds—died at the end of session.

NORTH DAKOTA: In January, the House defeated an omnibus abortion measure. The bill would have raised penalties for killing a fetus born alive as a result of an abortion. Other provisions would have amended state law on medication abortion, abortion counseling and parental consent for minors obtaining an abortion.

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Private Insurance Coverage of Abortion

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Introduced in 7 states

Bill Status:

Enacted in NJ and OK

NEW JERSEY: (ENACTED) In June, Gov. Jon Corzine (D) signed into law a measure that will require abortion services to be covered by the State Health Benefits Program and the School Employees’ Health Benefits Program. The law is effective immediately.

OKLAHOMA: (ENACTED) In May, Gov. Brad Henry (D) allowed an omnibus abortion measure to become law without his signature. The measure prohibits health insurance organizations from covering abortions except if an optional rider is purchased. This does not apply to abortion obtained by women who are the victims of rape or incest or whose lives are in danger. The bill also amends the state’s requirements for minors seeking an abortion, amends the statutes on abortion reporting, limits the scope of abortion counseling provided with state or federal funds, narrows the medical emergency exception to the state’s abortion code, limits the involvement of state personnel and use of state facilities in abortion procedures, and includes medication abortion in the definition of abortion. The governor had vetoed a similar bill in April because it lacked exceptions for rape and incest. The bill passed the House in March and the Senate in April and goes into effect in November.

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Prohibiting Forcing a Women to Have an Abortion

Introduced in 9 states

Bill Status:

Passed at least one chamber in VA

VIRGINIA: In February, a committee in the Senate defeated a measure that would have made it a felony to coerce a woman to have an abortion. The House passed the bill in January.

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Protecting Access to Abortion

Introduced in 3 states

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Protecting Access to Clinics

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Introduced in 4 states

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Public Funding of Abortion for Low-Income Women

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Introduced in 13 states

Bill Status:

Passed at least one chamber in NC and VA

Enacted in IA and MD

IOWA: (ENACTED) In May, Gov. Chet Culver (D) signed into law a measure that would reenact current restrictions on public funding for abortion that prohibit funding except in cases of life endangerment, rape, incest or fetal defect.

MARYLAND: (ENACTED) In May, Gov. Martin O'Malley (D) signed a measure that reenacts current restrictions prohibiting public funding of abortion unless the pregnancy is the result of incest or rape, the woman’s life is at risk, the fetus is affected by a serious abnormality, or the women’s physical and mental health is at grave risk. The bill, which passed the legislature in March, goes into effect in July.

NORTH CAROLINA: In May, the legislature passed a measure that would reenact current restrictions prohibiting public funding for abortion unless the pregnancy is the result of incest or rape, or the woman’s life is at risk. The bill is in conference committee.

VIRGINIA: In February, a conference committee deleted a provision in the state’s budget bill, which would have tightened the restrictions on publicly funded abortions by removing fetal abnormality as an allowable condition for funding. Current policy prohibits public funding of abortion except in cases of life endangerment, rape, incest and fetal abnormality. The version that passed the House in February had included the provision.

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Reporting Statistical Information to State Agencies

Click here for current status of state policy

Introduced in 12 states

Bill Status:

Passed at least one chamber in TX

Enacted in OK

Vetoed in KS

KANSAS: In May, Gov. Kathleen Sebelius (D) vetoed the section of a measure that would require physicians to report to the state when they perform a postviability abortion and to specify whether the procedure was performed because of a threat to the woman’s life or a threat to her physical health.

OKLAHOMA: (ENACTED) In May, Gov. Brad Henry (D) allowed an omnibus abortion measure to become law without his signature. The measure requires abortion providers to report extremely detailed information, including information on the number of women receiving state abortion counseling materials and the number of abortions exempted from the counseling requirement because of a medical emergency. The bill also amends the state’s requirements for minors seeking an abortion, prohibits health insurers from covering “elective abortions”, limits the scope of abortion counseling provided with state or federal funds, narrows the medical emergency exception to the state’s abortion code, limits the involvement of state personnel and use of state facilities in abortion procedures, and includes medication abortion in the definition of abortion. The governor had vetoed a similar bill in April because it lacked exceptions for rape and incest. The bill passed the House in March and the Senate in April and goes into effect in November.

TEXAS: In April, the Senate passed a measure that would require a physician to submit a detailed report for each abortion procedure performed and for each patient treated for complications resulting from an abortion. The bill would also amend requirements for abortion counseling and for reporting abortions obtained by a minor. No further action is expected since the legislature had adjourned its regular session.

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Requiring Abortion Providers to Have Hospital Privileges

Click here for current status of state policy

Introduced in 0 states

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State Participation in Abortion

Introduced in 1 state

Bill Staus:

Enacted in OK

OKLAHOMA: In May, Gov. Brad Henry (D) allowed an omnibus abortion measure to become law without his signature. The measure prohibits the use state facilities and participation of state employees in abortion procedures, except in cases of life endangerment or if the pregnancy was the result of rape. (The governor had vetoed a similar bill in April because it lacked the exception for rape and incest.) The bill also amends the state’s requirements for minors seeking an abortion, prohibits health insurers from covering “elective abortions,” limits the scope of abortion counseling provided with state or federal funds, narrows the medical emergency exception to the state’s abortion code, amends the statutes on abortion reporting, and includes medication abortion in the definition of abortion. The bill passed the House in March and the Senate in April and goes into effect in November.

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Stem-Cell and Embryo Research

Introduced in 34 states

Bill Status:

Passed at least one chamber in DE, IL, MN, MT, NM, NY and VA

Enacted in IA, NE, NJ and NY

DELAWARE: In June, the House defeated a measure that would have allowed stem cell research, banned cloning and established a committee charged with overseeing stem cell research performed in the state. The measure explicitly prohibited the purchase or sale of fetal tissue. The measure passed the Senate in March.

ILLINOIS: In March, the House passed a measure that would allow stem cell research, ban cloning and establish a committee to disperse state funds to research institutions for stem cell research. The measure explicitly prohibits the purchase or sale of fetal tissue. The bill is awaiting action in the Senate.

ILLINOIS: In May, the legislature passed a measure that would allow stem cell research, ban human cloning, and set up committees charged with funding and overseeing the research. The measure explicitly prohibits the purchase or sale of fetal tissue. The measure is awaiting action from Gov. Rod Blagojevich (D).

IOWA: (ENACTED) In February, the legislature enacted a measure that would allow stem cell research and ban human cloning.  The measure was signed by Gov. Chet Culver (D).

MINNESOTA: In May, the Senate passed a measure that would protect stem cell research, ban cloning and prohibit the sale of embryos. The bill would also require infertility providers to give women accurate and relevant information about her options for discarding unused embryos. No further action is expected since the legislature adjourned its regular session.

MONTANA: In January, the House passed a measure that would prohibit human cloning. The measure would not restrict stem cell research and does not apply to in vitro fertilization. No further action is expected since the legislature has adjourned its regular session.

NEBRASKA: (ENACTED) In May, Gov. Dave Heineman (R) signed into law a measure that would prohibit a state-supported biomedical research fund to be used for research on fetal tissue obtained from induced abortions or research using embryonic stem cells. 

NEW JERSEY: (ENACTED)In June, Gov. Jon Corzine (D) signed a measure into law allocating $5.5 million for stem cell research. The law goes into effect in July.

NEW MEXICO: In March, the Senate passed a measure that would allow stem cell research and ban cloning. The measure failed to pass the House before the legislature adjourned for the year.

NEW YORK: (ENACTED) In April, Gov. Eliot Spitzer (D) signed into law a measure that will establish an institute to disburse state monies for stem cell research. No funds shall be used for human reproductive cloning. The law goes into effect April 1, 2007.

OREGON: In June, the House defeated a measure that would have established a committee to oversee stem cell research and disburse monies for stem cell research. The bill would have also prohibited the use of remaining eggs or sperm from reproductive treatments without written consent of the donor. No further action is expected since the legislature has adjourned its regular session.

VIRGINIA: In February, the House passed a measure that would have created a nonprofit corporation to support academic research and allowed it to fund stem cell research. The measure failed to pass the Senate before the legislature adjourned for the year.

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Targeted Regulation of Abortion Providers

Introduced in 15 states

Bill Status:

Passed at least one chamber in FL, IN, MO, SC, SD, TX and VA

Enacted in MS

FLORIDA: In May, the House passed a measure that would have required abortion providers to purchase ultrasound equipment and to perform an ultrasound on each woman seeking an abortion. Women would have been given the option to view and discuss the image with their physician. The measure—which also included provisions related to abortion counseling, waiting periods, postviability abortion and parental involvement— died at the end of the session.

INDIANA: In February, the Senate passed a measure targeting abortion providers in the state. The measure would require any physician performing abortions in the state to have admitting privileges at a hospital within the county or neighboring counties. No further action is expected since the legislature has adjourned its regular session.

MISSISSIPPI: (ENACTED) In March, Gov. Haley Barbour (R) signed into law an omnibus abortion bill. The measure requires an abortion provider purchase expensive ultrasound equipment and perform an ultrasound on a woman seeking an abortion. The measure—which also bans abortion if Roe v. Wade were overturned, amends counseling procedures and amends the state’s parental consent requirement—passed the legislature in February. All sections of the measure except the abortion ban go into effect in July.

MISSISSIPPI: In February, the Senate passed a measure that would require abortion providers to purchase ultrasound equipment and to perform an ultrasound on each woman seeking an abortion at least 24 hours before the procedure. The measure was included in the enacted omnibus abortion bill.

MISSOURI: In May, the Senate passed a measure that would classify facilities that provide either more than five first-trimester abortions a year, or any second- or third-trimester abortions whatsoever, as ambulatory surgical centers; these facilities would face increased regulation by the state. The measure, which passed the House in April, also includes provisions related to sex education, an alternatives-to-abortion program and amending the definition of medical emergency for purposes of the state’s abortion law. It is awaiting action by Gov. Matt Blunt (R).

MISSOURI: In May, the House passed a measure that would have required certificates of need before the performance of any abortion in the state. The measure, which also would have outlawed “partial-birth” abortion, was defeated in conference committee and is now dead.

SOUTH CAROLINA: In May, the House passed a measure that would require abortion providers to purchase ultrasound equipment. Under the measure, providers would have to perform an ultrasound on each woman seeking an abortion and review the ultrasound with her. Earlier in May, the Senate passed a version of the bill in which performance of the ultrasound was optional before 14 weeks’ gestation. No further action is expected since the legislature has adjourned its regular session.

SOUTH DAKOTA: In February, a committee in the Senate defeated a bill that would have required abortion providers to purchase ultrasound equipment. Providers would have had to offer each woman seeking an abortion the opportunity to view a sonogram image of the fetus. The bill passed the House in February.

TEXAS: In May, the Senate passed a measure that would require abortion providers to purchase ultrasound equipment and perform an ultrasound on each woman seeking an abortion. No further action is expected since the legislature has adjourned its regular session.

VIRGINIA: In February, a committee in the Senate defeated a bill that would have required abortion clinics to have ultrasound equipment on site and to offer women the opportunity to have an ultrasound performed and view the image. The bill passed the House in February.

VIRGINIA: In February, a committee in the Senate defeated a measure that would have reclassified facilities that perform 25 or more first-trimester abortions annually as ambulatory surgical facilities, which would have required them to meet stricter inspection and building codes. The measure, which passed the House in January, is now dead.

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CONTRACEPTION & PREVENTION

See also:

REFUSAL CLAUSES
YOUTH: Child Abuse Reporting

Abortion-Related Restrictions on Family Planning Funds

Click here for current status of state policy

Introduced in 8 states

Bill Status:

Enacted in CO, OK and TX

COLORADO: (ENACTED) In May, the legislature overrode Gov. Bill Ritter’s (D) veto of the long-standing prohibition on state family planning funds going to organizations that provide abortion services with their own funds. The measure passed the Senate in March and the House in April. It goes into effect in July.

 OKLAHOMA: (ENACTED) In May, Gov. Brad Henry (D) allowed an omnibus abortion measure to become law without his signature. The measure prohibits any state funds or federal funds disbursed by the state to be used to counsel about or encourage abortion, unless the abortion is necessary to save a woman’s life. Physicians may provide nondirective counseling on a woman’s reproductive health options. The restriction would not apply if it would conflict with what is required to participate in a federal program, such as Title X. The bill also amends the state’s requirements for minors seeking an abortion, prohibits health insurers from covering “elective abortions,” narrows the medical emergency exception to the state’s abortion code, requires additional abortion reporting, limits the involvement of state personnel and use of state facilities in abortion procedures, and includes medication abortion in the definition of abortion. The bill passed the House in March and the Senate in April and goes into effect in November.

TEXAS: (ENACTED) In June, Gov. Rick Perry (R) signed a measure meant to increase restrictions on organizations’ eligibility for state family planning funds. Under the measure, organizations must maintain incorporation, governing structure and bookkeeping that are separate from abortion providers. The bill also continues the requirement that agencies that receive state funding must obtain parental consent before providing minors with prescription contraceptives. Funding for alternatives-to-abortion services is also included. The measure, which passed the House in March and the Senate in April, goes into effect in September.

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Contraceptive Coverage Mandates

Click here for current status of state policy

Introduced in 9 states

Bill Status:

Passed at least one chamber in NY

Enacted in OR

NEW YORK: In May, the Assembly adopted a measure that would require health plans that cover contraceptives to also cover emergency contraception, even when the medication is obtained without a prescription. The bill would also allow a pharmacist or nurse to enter into an agreement with a physician to dispense emergency contraception without a prescription. No further action is expected since the legislature has adjourned its regular session.

OREGON:(ENACTED) In May, Gov. Ted Kulongski (D) signed a measure that mandates health plans that provide coverage for prescription drugs to cover prescription contraceptives. Under the provision, religious employers may refuse coverage if their primary purpose is the inculcation of religious values, they primarily employ and serve people with the same values, and are nonprofit entities under federal law. The bill also requires a hospital to provide a woman who was sexually assaulted with information on emergency contraception and the medication itself, when requested by the woman. The bill, which passed the House in March and the Senate in May, goes into effect in January 2008.

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Emergency Contraception

Click here for current status of state policy

(Click here for legislative activity on: Requiring Pharmacists to Dispense Contraception and Establishing the Right to Refuse to Provide Contraceptive Services)

 

Offering Emergency Contraception Services to Sexual Assault Victims

Introduced in 19 states
Bill Status:

Passed at least one chamber in HI, SD and WI

Enacted in AR, CO, CT, MN and OR

ARKANSAS: (ENACTED) In April, Gov. Mike Beebe (D) signed legislation that requires hospitals to provide women who have been sexually assaulted with information about emergency contraception. The measure permits an individual medical provider to refuse because of a religious or moral objection. The measure, which passed the Senate in March and the House in April, goes into effect in June.

COLORADO: (ENACTED) In March, Gov. Bill Ritter (D) signed legislation that requires hospitals to provide information about emergency contraception to women who have been sexually assaulted; it does not require hospitals to provide the medication itself. The bill allows a medical professional to refuse to provide the information because of a religious or moral objection. Pharmacies must post a notice when nonprescription emergency contraception is out of stock. The final version of the measure passed both chambers of the legislature in February.

CONNECTICUT: (ENACTED) In May, Gov. Jodi Rell (R) signed a measure that requires a hospital to inform a woman who has been sexually assaulted about emergency contraception and to provide her with the medication upon request, unless she has had a positive pregnancy test. The hospital may contract with an independent medical professional to provide services related to emergency contraception. The bill, which passed the Senate in April and the House in May, goes into effect in October.

HAWAII: In March, the Senate adopted a measure that would have required hospitals to provide medically accurate information on emergency contraception to a woman who has been sexually assaulted. The measure would have also required hospitals to provide the medication when requested by the woman. No further action is expected since the legislature has adjourned its regular session.

MINNESOTA: (ENACTED) In May, Gov. Tim Pawlenty (R) signed a measure that requires a hospital to inform a woman who has been sexually assaulted about emergency contraception and to provide the medication upon request. Hospitals are not required to provide emergency contraception if the medication is contraindicated or the woman has had a positive pregnancy test. The measure is awaiting action in the House. The bill, which passed the Senate in April and the House in May, goes into effect in August.

OREGON: (ENACTED) In May, Gov. Ted Kulongski (D) signed a measure that requires a hospital to provide a woman who was sexually assaulted with information on emergency contraception and the medication when requested. The bill also mandates coverage of contraceptives within health plans. The bill, which passed the House in March and the Senate in May, goes into effect in January 2008.

SOUTH DAKOTA: In February, the Senate adopted a measure that would have required the state to develop “medically and factually accurate and objective” informational materials on emergency contraception for distribution to women who have been sexually assaulted. The measure would have permitted a facility or individual to refuse to provide these materials because of a religious or ethical objection. No further action is expected since the legislature has adjourned its regular session.

WISCONSIN: In May, the Senate passed a measure that would require hospitals to provide sexually assaulted women with medically accurate written and oral information about emergency contraception and the medication when requested. However, if a woman is already pregnant, the hospital is not required to provide her with the medication. The measure is awaiting action by the Assembly.

Allowing Pharmacists to Provide Emergency Contraception without a Prescription

Introduced in 3 states

Bill Status:

Passed at least one chamber in NY

NEW YORK: In May, the Assembly adopted a measure that would allow a registered nurse or pharmacist to dispense emergency contraception under a collaborative practice agreement with a physician. The bill would also require health plans that cover contraceptives to cover emergency contraception, even when the medication is obtained without a prescription. No further action is expected since the legislature has adjourned its regular session.

Expanding Access to Emergency Contraception

Introduced in 3 states

Bill Status:

Passed at least one chamber in HI

HAWAII: In March, the House adopted a measure that would have required the Department of Human Services to directly reimburse pharmacies for emergency contraception provided without a prescription to Medicaid recipients. No further action is expected since the legislature has adjourned its regular session.

Restricting Access to Emergency Contraception

Introduced in 2 states

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Requiring Pharmacists or Pharmacies to Dispense Contraception

Introduced in 10 states

Bill Status:

Passed at least one chamber in NJ

NEW JERSEY: In June, the Assembly adopted a measure that would require a pharmacy to fill prescriptions for drugs carried by the pharmacy. The pharmacy would have an obligation to ensure that a prescription be filled, even if an individual pharmacist objects for religious, moral or philosophical reasons. If a drug is not in stock the pharmacy would be required to order it under expedited ordering protocols or locate a pharmacy that is accessible to the client and then transfer the prescription. If the pharmacy does not carry a prescription drug then the pharmacy would be required to offer to locate a pharmacy that is nearby and has the prescription in stock. The measure is awaiting action by Gov. Jon Corzine (D).

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HPV: Insurance Coverage

Introduced in 19 states

Bill Status:

Passed at least one chamber in CA, IL and IA

Enacted in CO, NV and NM

CALIFORNIA: In May, the Assembly adopted a measure that would require health plans that provide coverage for cervical cancer treatment to also cover HPV vaccination in accordance with recommendations from the Centers for Disease Control and Prevention. The measure is awaiting action in the Senate.

COLORADO: (ENACTED) In May, Gov. Bill Ritter (D) signed a measure that requires health plans to cover the HPV vaccine for girls and woman aged 9–26. The bill also requires the state’s Medicaid program to cover HPV vaccinations for women younger than 20 and permit local public health agencies to be reimbursed for vaccinating uninsured girls entering the sixth grade. The measure, which passed the House in April and the Senate in May, became effective in May.

ILLINOIS: In May, the House adopted a measure that would require health plans to cover the HPV vaccine for girls under age 18. The bill, which passed the Senate in March, is awaiting action by Gov. Rod Blagojevich (D).

IOWA: In March, the Senate passed a bill that would have required health plans to cover the HPV vaccine. No futher action is expected since the legislature adjourned its regular session.

NEVADA: (ENACTED) In June, Gov. Jim Gibbons (R) signed a measure that requires health plans and the state’s Medicaid program to cover HPV vaccinations for women and girls who are within the age-range recommended by the Centers for Disease Control and Prevention. The bill, which passed the Senate in April and the Assembly in May, goes into effect in July.

  

NEW MEXICO: (ENACTED) In April, Gov. Bill Richardson (D) signed legislation that requires health plans to cover the HPV vaccine for girls aged 9–14. The bill passed the Senate in February and the House in March.

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HPV: School Entry Requirements

Introduced in 25 states and Washington DC

Bill Status:

Passed at least one chamber in AZ, KY, NJ, SC, TX and Washington DC

Enacted in TX and VA

Vetoed in NM

ARIZONA: In June, the legislature adopted a measure that would prohibit the state Department of Health Services from including the HPV vaccine among the immunizations necessary for school entry. The bill is awaiting action by Gov. Janet Napolitano (D).

WASHINGTON DC: In May, Mayor Adrian Fenty (D) signed legislation to require girls entering sixth grade to be vaccinated against HPV. The bill would allow parents to opt out of vaccination for any reason. Congress has 30 days to review the measure.

KENTUCKY: In February, the House passed a measure that would have required the HPV vaccination for middle school attendance. Parents could have withheld consent to the vaccination. The measure failed to pass the Senate before the legislature adjourned its regular session.

NEW JERSEY: In June, the legislature adopted a measure that would require girls in grades 7–12 to receive the HPV vaccine. Parents would be permitted to decline to consent to the vaccination, if the refusal were based on "bona fide" religious beliefs. The bill now awaits action by Gov. Jon Corzine (D).

NEW MEXICO: In April, Gov. Bill Richardson (D) vetoed a measure that would have required girls entering the sixth grade to receive the HPV vaccine as long as a parent consented. The bill passed the legislature in March.

SOUTH CAROLINA: In April, the House adopted a measure that would require girls who are entering seventh grade and are at least 11 years old to receive the HPV vaccine. Parents would be able to opt out for any reason. No further action is expected since the legislature has adjourned its regular session.

TEXAS: (ENACTED) In May, a measure that prohibits requiring HPV vaccination for school entry became law without the signature of Gov. Rick Perry (R). The bill negates the governor’s executive order from February mandating vaccination for school entry. It passed the House in March and the Senate in April, and became effective in May.

VIRGINIA: (ENACTED) In April, Gov. Tim Kaine (D) signed two identical measures to require HPV vaccination for middle school attendance. Parents may refuse to have their daughters vaccinated. The legislation passed the legislature in February and will go into effect in October.

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Parental Involvement Requirements for Minors Seeking Contraceptive Services

Click here for current status of state policy

Introduced in 5 states

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State Medicaid Family Planning Eligibility Expansions

Click here for current status of state policy

Introduced in 5 states

Bill Status:

Enacted in NH and VA

NEW HAMPSHIRE: (ENACTED) In June, Gov. John Lynch signed a bill that requires the state Department of Health and Human Services to seek approval from the federal Centers for Medicare and Medicaid Services to expand eligibility for Medicaid family planning services. The measure, which passed the House in March and the Senate in May, goes into effect in August.

VIRGINIA: (ENACTED) In April, Gov. Tim Kaine (D) signed the state’s budget, which includes a provision directing the state to seek to expand Medicaid eligibility for family planning services for individuals with incomes of up to 200% of the federal poverty level. The state currently has a more limited Medicaid family planning expansion that extends coverage for two years following a Medicaid-funded delivery. The budget, which passed the legislature in February, goes into effect in July.

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PREGNANCY & BIRTH

See also:

REFUSAL CLAUSES

Fetal and Pregnant Woman Assault

Introduced in 21 states

Bill Status:

Passed at least one chamber in IN, NV and VA

Vetoed in WY

Enacted in KS

INDIANA: In February, the Senate passed a measure that would have increased battery charges for knowingly assaulting and causing injury to a pregnant woman. No further action is expected since the legisalture has adjouned its regular session.

KANSAS: (ENACTED) In May, Gov. Kathleen Sebelius (D) signed into law a measure that changes murder, manslaughter, vehicular manslaughter and battery laws to include an “unborn child” from fertilization to birth as a possible victim. The measure, which passed the legislature in April, goes into effect this summer.

KANSAS: In February, the House passed a measure that would define a fetus of any gestational age as a human being for criminal statutes regarding homicide, manslaughter and battery. No further action is expected since the legislature has adjourned its regular session.

NEVADA: In April, the Senate passed a measure that would increase penalties for certain crimes committed against pregnant women. The measure would not create new offenses but add additional penalties for crimes committed against a woman the perpetrator knew was pregnant. No further action is expected since the legislature has adjourned its regular session.

VIRGINIA: In February, a Senate committee defeated a measure that would have created the crime of unintentionally causing miscarriage or stillbirth. The bill was amended and passed the House in February and is now dead.

WYOMING: In March, Gov. Dave Freudenthal (D) vetoed a measure that would have created the crime of homicide of an unborn child or fetus. This new crime would have applied only when the mother was killed as well. The measure, which passed the legislature in February, is now dead.

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HIV Testing of Infants and Pregnant Women

Introduced in 11 states

Bill Status:

Passed at least one chamber in CA, IL, NJ and RI

Enacted in GA, IA, MD, NV and TN

CALIFORNIA: In June, the Assembly passed a measure that would allow a pregnant woman to decline an HIV test. It would also require the woman to receive any additional follow-up testing. The bill is awaiting action in the Senate.

GEORGIA: (ENACTED) In May, Gov. Sonny Perdue (R) signed into law a measure requiring physicians to test pregnant women for HIV either during prenatal care or at delivery, unless the woman refuses. The woman will be provided with information about the test and her right to refuse. Women who are HIV positive will be given information about counseling and medical services.

IOWA: (ENACTED) In April, Gov. Chet Culver (D) signed into law a bill that would require pregnant women to be tested for HIV as part of their prenatal care, unless they decline. The law goes into effect July 1, 2007.

 

ILLINOIS: In May, the legislature passed a measure that would require health care providers to counsel pregnant women about HIV and recommend testing unless the women explicitly decline in writing. The bill is awaiting action from Gov. Rod Blagojevich (D).

MARYLAND: (ENACTED) In April, Gov. Martin O’Malley (D) signed two identical measures into law to require a physician to report, within 48 hours, the birth any infant whose mother is HIV positive. If the infant does not test positive for HIV in its first 18 months, the child’s name will be removed from the HIV registry. The law, which passed the legislature in March, is in effect as of April 24, 2007.

NEVADA: (ENACTED) In June, Gov. Jim Gibbons (R) signed into law a bill that will require physicians to test pregnant women for HIV either during prenatal care or at delivery, unless the woman refuses. The bill will also mandate that a provider perform an HIV test on an infant born to a mother who has not been tested for HIV, unless a parent refuses the test on the basis of religious beliefs. No tests can be performed until the woman has received written information on her right to refuse testing for herself or her newborn. The law, which passed the legislature in May, goes into effect in October.

 

NEW JERSEY: In June, the legislature passed a measure that would include HIV testing in routine prenatal tests, unless the pregnant woman has explicitly declined the test. The bill would also require health care providers to give detailed counseling on HIV testing and the ramifications of positive and negative results. If the HIV status of a new mother is unknown, the infant will be tested for HIV. The bill is in conference committee.

NEW JERSEY: In March, the House passed a measure that would establish a program to provide counseling and information to pregnant women who are HIV positive. The counseling would include prenatal and postnatal care to reduce the likelihood of HIV transmission. The bill is awaiting action in the Senate.

RHODE ISLAND: In June, the legislature passed two identical measures that would permit a health care provider to perform an HIV test on a pregnant woman, unless she explicitly declines the test. The bills are awaiting action from Gov. Don Carcieri (R).

TENNESSEE: (ENACTED) In May, Gov. Phil Bresden (D) signed into law a bill requiring health care providers to test pregnant women for HIV during either prenatal care or delivery unless the woman refuses. The woman will be provided with information about the test and her right to refuse. Women who are HIV positive will be given information about counseling and medical services.

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Infant Abandonment

Click here for current status of state policy

Introduced in 14 states

Bill Status:

Passed at least one chamber in AK, CA, HI, IL and NM

ALASKA: In May, the House passed a measure that would have allowed a parent to leave an unharmed infant no more than 21 days old with someone who would appropriately care for the infant, including physicians, hospital staff and emergency services personnel. The person receiving the infant woudl have been charged with inquiring about the child’s personal and medical history and whether the parent wishes to relinquish parental rights. The parent would not have been required to answer any questions. No further action is expected since the legislature has adjourned its regular session.

CALIFORNIA: In June, the Assembly passed a measure that would amend current policy to extend the age in which an infant can be legally surrendered from 72 hours to 30 days. The bill is awaiting action in the Senate.

HAWAII: In May, the legislature passed a measure that would allow a person to leave an unharmed infant no more than 72 hours old at a hospital, fire station or police station, and be immune from prosecution for child abandonment. The professional receiving the infant would be required to inquire about the child’s medical history and provide information on social services to the person relinquishing the infant. The measure is awaiting action by Gov. Linda Lingle (R).

ILLINOIS: In May, the legislature passed a measure that would prohibit an individual accepting an infant from publicly discussing the circumstances surrounding an infant’s legal surrender. The bill is currently in conference committee.

NEW MEXICO: In March, the Senate passed a measure that would have amended the current policy to allow an individual to face separate charges for either abandoning or abusing multiple infants or children. This bill also would have expanded the state’s definition of child abuse to include a newborn’s addiction to methamphetamine. No further action is expected since the legislature has adjourned its regular session.

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Infertility Coverage

Introduced in 19 states

Bill Status:

Passed at least one chamber in RI

RHODE ISLAND: In June, the House adopted a measure that would amend the state’s health insurance coverage mandate on infertility treatment. The bill would require coverage for women younger than age 42 who have been unable to conceive within one year. The current mandate applies to only women younger than age 40 who have been unable to conceive within two years. The measure, which passed the Senate in May, is awaiting action by Gov. Don Carcieri (R).

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Nonmedical Use of Ultrasound

Introduced in 0 states

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Stillborn Certificates

Introduced in 14 states

Bill Status:

Passed at least one chamber in CA and NY

Enacted in AR, MT, RI and SD

Vetoed in NM

ARKANSAS: (ENACTED) In March, Gov. Mike Beebe (D) signed into law a measure allowing a woman who loses a fetus after 20 weeks’ gestation to obtain a certificate of birth resulting in a stillbirth. The certificate will not count toward statistical reporting in the state. The measure, which passed the House and Senate in March, goes into effect in July.

CALIFORNIA: In June, the Senate passed a measure that would allow a woman who loses a fetus after 20 weeks’ gestation to seek a certificate of birth resulting in a stillbirth. The measure is awaiting action in the House.

MONTANA: (ENACTED) In May, Gov. Brian Schweitzer (D) signed into law a measure that allows a woman who loses a fetus after 20 weeks’ gestation to seek a certificate of birth resulting in a stillbirth. The certificates will not count toward statistical reporting in the state. The measure, which passed the legislature in March, goes into effect January 1, 2008.

NEW MEXICO: In April, Gov. Bill Richardson (D) vetoed legislation that would have required a certificate of birth resulting in a stillbirth for fetal deaths after 20 weeks’ gestation. Certificates of stillbirth would have been filed with the state vital statistics bureau. The governor’s veto of the measure, which passed the Senate in January and the House in March, did not face a challenge in the legislature.

NEW YORK: In June, the Senate passed a measure that would allow a woman who loses a fetus after 20 weeks’ gestation to seek a certificate of birth resulting in a stillbirth. The certificate would not be proof of a birth for purposes of the state’s vital statistics records. No further action is expected since the legislature has adjourned its regular session.

 

RHODE ISLAND: (ENACTED) In June, Gov. Donald Carcieri (R) signed into law a measure that will allow a woman who loses a fetus after 20 weeks’ gestation to seek a certificate of birth resulting in a stillbirth. The certificate will be filed with the state registrar. The law, which passed the legislature in May, is in effect.

SOUTH DAKOTA: (ENACTED) In March, Gov. Mike Rounds (R) signed into law a measure that will allow women who lose a fetus after 20 weeks’ gestation to seek a certificate of birth resulting in a stillbirth. The certificate will not be mandatory and will not count toward statistical reporting in the state. The measure, which passed the House and Senate in February, goes into effect in June.

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Substance Abuse During Pregnancy

Click here for current status of state policy

Introduced in 24 states

Bill Status:

Passed at least one chamber in LA, NM and WY

Enacted in AR, MD, MN and MT

Vetoed in MN

ARKANSAS: (ENACTED) In April, Gov. Mike Beebe (D) signed into law a measure that allocates $5 million over two years to expand substance abuse treatment services for pregnant women and women with children. The law, which passed the legislature in March, goes into effect July 1, 2007.

LOUISIANA: In June, the legislature passed a measure that would amend the definition of “prenatal neglect” to include heavy alcohol use by the mother during her pregnancy. The bill also requires a physician to perform a drug test upon a newborn if he or she suspects that the newborn was exposed to controlled substances or alcohol during gestation. The test may be performed without consent from the parent. If the newborn’s tests come back positive or if the child exhibits signs of effects of alcohol exposure, the physician is to make a report to the local child protection office; however, positive test results cannot be used in criminal proceedings. The bill is awaiting action from Gov. Kathleen Blanco (D).

MARYLAND: (ENACTED) In April, Gov. Martin O’Malley signed into law two identical measures that amend current policy to state that a child is “not receiving proper care” if he or she is born exposed to methamphetamine or if the mother tests positive for methamphetamine upon admission to the hospital for delivery of that infant. The laws, which passed the legislature in March, go into effect October 1, 2007.

MINNESOTA: In May, Gov. Tim Pawlenty (R) vetoed a measure that would have established an intervention and advocacy program to provide a range of services for women who give birth to children affected by alcohol or drugs.

MINNESOTA: (ENACTED) In May, Gov. Tim Pawlenty (R) signed into law a measure allowing a court to order a pregnant woman into an early intervention treatment program for substance abuse. The bill also requires professionals, such as health care providers and law enforcement officers, to report suspected abuse of a controlled substance by a pregnant woman. It goes into effect in August.

MONTANA: (ENACTED) In April, Gov. Brian Schweitzer (D) signed into law a measure that will require individuals operating in a professional capacity to report to the health department any infant affected by drug exposure. The law, which passed the legislature in March, goes into effect July 1, 2007.

NEW MEXICO: In March, the Senate passed a measure that would have expanded the state’s definition of child abuse to include a newborn’s addiction to methamphetamine. The bill would have also amended current policy to allow an individual to face separate charges for either abandoning or abusing multiple infants or children. No further action is expected, since the legislature has adjourned its regular session.

WYOMING: In February, the House passed a measure that would define exposing a fetus to methamphetamine as placing it in imminent danger, thus making the mother subject to prosecution. The bill would also allow treatment centers and courts to give priority to treating or hearing cases involving pregnant women. The measure failed to pass the Senate before the legislature adjourned its regular session.

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REFUSAL CLAUSES

Establishing the Right to Refuse to Provide Abortion Services

Click here for current status of state policy

Allowing Health Professionals to Refuse

Introduced in 7 states

Allowing Insurers to Refuse

Introduced in 4 states

Allowing Pharmacists to Refuse

Introduced in 9 states

Allowing Facilities to Refuse

Introduced in 5 states

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Establishing the Right to Refuse to Provide Contraceptive Services

Click here for current status of state policy

(Click here for legislative activity on: Requiring Pharmacists to Dispense Contraception)

 

Allowing Health Professionals to Refuse

Introduced in 5 states

Allowing Insurers to Refuse

Introduced in 4 states

Allowing Pharmacies to Refuse

Introduced in 4 states

Allowing Pharmacists to Refuse

Introduced in 7 states

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Establishing the Right to Refuse to Provide Medical Care in General

Click here for current status of state policy

Allowing Health Professionals to Refuse

Introduced in 5 states

Allowing Insurers to Refuse

Introduced in 4 states

Allowing Pharmacists to Refuse

Introduced in 6 states

Allowing Facilities to Refuse

Introduced in 4 states

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YOUTH

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

Child Abuse Reporting

Introduced in 7 states

Bill Status:

Passed at least one chamber in KS and MS

KANSAS: In April, the House passed a measure that would force social services employees to report sexual intercourse involving a minor younger than 16 years of age, regardless of consent. While consensual sex involving minors younger than 16 is technically illegal in Kansas, courts have found the law unenforceable. This portion of the measure, which also amends abortion reporting laws, died in conference committee.

MISSISSIPPI: In February, the Senate passed a measure that would have required any healthcare worker or school employee with knowledge of a statutory rape to report the crime to the appropriate law enforcement agency. No further action is expected since the legislature has adjourned its regular session.

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Minors Access to Reproductive Healthcare

Click here for current status of state policy

Introduced in 9 states

Bill Status:

Passed at least one chamber in ND

Enacted in HI

HAWAII: (ENACTED) In April, the Senate passed and Gov. Linda Lingle (R) signed into law a measure that grants minors not under the care of an adult the right to consent to health care. Under the measure, minors between the ages of 14 and 17 who are not under the care, control or support of an adult may consent to nonsurgical health care. The measure passed the House in March.

NORTH DAKOTA: In March, the House failed to pass a measure that would have guaranteed a minor’s right to consent to care related to the detection or treatment of pregnancy. Under the measure, physicians would have had the right to notify a minor’s parents only if she were first informed and the notification was deemed necessary because of prolonged hospitalization or a threat to the minor’s physical or mental health. The measure, which passed the Senate in January, is dead.

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Sex Education

Click here for current status of state policy

Introduced in 19 states

Bill Status:

Passed at least one chamber in HI, MO and NY

Enacted in CO, IA and WA

COLORADO: (ENACTED) In May, Gov. Bill Ritter (D) signed legislation that establishes requirements for sex education, except for federally funded abstinence education programs. Sex education must be medically accurate, age appropriate and culturally sensitive, and must emphasize abstinence and provide education on contraception. Parents may remove their children from the instruction for religious or personal reasons. The final version of the measure passed the legislature in April. It goes into effect in July.

HAWAII: In March, the Senate passed legislation that would have required sex education funded by the state to be medically accurate and age appropriate, and to include information on both abstinence and contraception. No further action is expected since the legislature had adjourned its regular session.

IOWA: (ENACTED) In April, Gov. Chet Culver signed a bill to require HIV education and sex education to be medically accurate and age appropriate. Education on STIs will also include information on HPV and the HPV vaccine. The bill passed the first chamber in March and the second chamber in April. It goes into effect in July.

MINNESOTA: In May, the Senate adopted a measure that would have required that any sex education be age appropriate and medically accurate and emphasize abstinence while also discussing contraception. Parents would have had the option to remove their children from the instruction. The provision was removed in conference committee.

MISSOURI: In May, the Senate passed a measure that would allow school districts to offer abstinence education that follows the federal definition of abstinence; current state law requires instruction on sex education to be medically accurate. The bill would also prohibit sex education materials from or presentations by organizations that provide abortion services or abortion referrals. The measure, which passed the House in April, also includes provisions related to clinic licensing, sex education and amending the definition of medical emergency for purposes of the state’s abortion law. It is awaiting action by Gov. Matt Blunt (R).

NEW YORK: In March, the Assembly adopted a measure that would establish a grant program for comprehensive sex education that would fund agencies such as public schools and community-based organizations. Funded programs would have to be age appropriate and medically accurate, provide information on contraceptives, educate students about HPV, encourage family communication, provide instruction on physical changes in adolescence, and seek to develop interpersonal, decisionmaking and communication skills. Programs could not promote religion and must teach that abstinence is the “only sure way” to avoid pregnancy or STIs. No further action is expected since the legislature has adjourned its regular session.

WASHINGTON: In May, Gov. Christine Gregoire (D) signed a bill that requires all sex education to meet guidelines issued by the state in 2005. These guidelines require that programs be medically accurate and age appropriate, and discuss both abstinence and contraception as methods to avoid unintended pregnancy and STIs. The bill, which passed the Senate in March and the House in April, goes into effect in July.

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Production of the State Update is made possible by support from The John Merck Fund.