Advancing Sexual and Reproductive Health and Rights
 

Monthly State Update:
MAJOR DEVELOPMENTS IN 2009

(as of 1/31/2009)

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 44 states (AK, AZ, AR, CA, CO, CT, DE, GA, HI, ID, IL, IN, IA, KS, KY, ME, MD, MA, MI, MN, MS, MO, MT, NE, NH, NJ, NM, NY, NC, ND, OH, OR, PA, RI, SC, SD, TN, TX, UT, VT, VA, WA, WI and WY) were in regular session. The other six state legislatures (AL, FL, LA, NV, OK and WV) will convene their regular sessions over the next two months.

For a state-by-state chart of legislation enacted in 2009, 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 Liability
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

Targeted Regulation of Abortion Providers

Ultrasound Requirements
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

Partner Treatment

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

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 3 states

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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 2 states

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Crisis Pregnancy Centers/Alternatives to Abortion

Introduced in 2 states

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Fetal Pain

Click here for current status of state policy

Introduced in 4 states (These bills overlap with bills in the Mandatory Counseling, Waiting Period and Ultrasound Requirements categories.)

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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 7 states ((These bills overlap with bills in the Fetal Pain and Ultrasound Requirements categories.)

 

Requirements for State-Directed Counseling Followed by a Waiting Period

Introduced in 2 states

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Medical Emergency Exception in Abortion Law

Introduced in 0 states

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Medication Abortion

Introduced in 0 states

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Minors Reporting Requirements

Introduced in 0 states

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Parental Involvement in Minors' Abortions

Click here for current status of state policy

Parental Consent Requirements

Introduced in 5 states

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Parental Notification Requirements

Introduced in 6 states

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'Partial-Birth' Abortion

Click here for current status of state policy

Introduced in 4 states

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Physician Liability

Introduced in 1 state

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Physician-Only Requirements

Click here for current status of state policy

Introduced in 1 state

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Postviability Abortion

Click here for current status of state policy

Introduced in 2 states

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Private Insurance Coverage of Abortion

Click here for current status of state policy

Introduced in 0 states

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Prohibiting Forcing a Woman to Have an Abortion

Introduced in 6 states

Bill Status:

Enacted in OH

OHIO: In January, a law requiring facilities that perform abortions to display a sign stating that a woman cannot be coerced into having an abortion and encouraging any woman who feels that she has been coerced to discuss the issue with clinic staff was enacted without Gov. Ted Strickland’s (D) signature. The measure passed the legislature in October 2008. The law, which also increases the penalty for domestic violence if the offender knew the woman was pregnant at the time, goes into effect in April.

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Protecting Access to Abortion

Click here for current status of state policy

Introduced in 1 state

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Protecting Access to Clinics

Click here for current status of state policy

Introduced in 0 states

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Public Funding of Abortion for Low-Income Women

Click here for current status of state policy

Introduced in 2 states

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Reporting Statistical Information to State Agencies

Click here for current status of state policy

Introduced in 4 states

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Requiring Abortion Providers to Have Hospital Privileges

Click here for current status of state policy

Introduced in 2 states

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State Participation in Abortion

Introduced in 0 states

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Targeted Regulation of Abortion Providers

Introduced in 1 state

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Ultrasound Requirements

Click here for current status of state policy

Introduced in 9 states

Bill Status:

Passed at least one chamber in ND

NORTH DAKOTA: In January, the House approved a provision that would require abortion clinics to offer a woman seeking an abortion an ultrasound at least 24 hours prior to the procedure. The measure would also require abortion providers to keep records of the number of women who accept the offer to have an ultrasound, the number who decline and the number in each group who go on to have an abortion.  The measure is awaiting action in the Senate.

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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 2 states

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Contraceptive Coverage Mandates

Click here for current status of state policy

Introduced in 2 states

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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 3 states

Allowing Pharmacists to Provide Emergency Contraception without a Prescription

Introduced in 1 state

Expanding Access to Emergency Contraception

Introduced in 2 states

Restricting Access to Emergency Contraception

Introduced in 0 states

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Requiring Pharmacists or Pharmacies to Dispense Contraception

Introduced in 4 states

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HPV: Insurance Coverage

Introduced in 1 state

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HPV Vaccine: Required for School Entry

Introduced in 2 states

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Parental Involvement Requirements for Minors Seeking Contraceptive Services

Click here for current status of state policy

Introduced in 0 states

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Partner Treatment for Sexually Transmitted Infections

Introduced in 5 states

Bill Status:

Passed at least one chamber in UT

UTAH: In January, the House passed a measure that would allow a medical provider to prescribe or dispense a drug for STI treatment for partners of their patients without seeing the partner. The bill is currently awaiting action in the Senate.

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State Medicaid Family Planning Eligibility Expansions

click here for current status of state policy

Introduced in 0 states

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PREGNANCY & BIRTH

See also:

REFUSAL CLAUSES

Fetal and Pregnant Woman Assault

Introduced in 10 states

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HIV Testing of Infants and Pregnant Women

Introduced in 6 states

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Infant Abandonment

Click here for current status of state policy

Introduced in 6 states

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Infertility Coverage

Introduced in 6 states

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Non-Medical Use of Ultrasound

Introduced in 2 states

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Stillborn Certificates

Introduced in 1 state

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Substance Abuse During Pregnancy

Click here for current status of state policy

Introduced in 7 states

 

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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 4 states

Allowing Insurers to Refuse

Introduced in 2 states

Allowing Pharmacists to Refuse

Introduced in 5 states

Allowing Facilities to Refuse

Introduced in 4 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 4 states

Allowing Insurers to Refuse

Introduced in 2 states

Allowing Pharmacies to Refuse

Introduced in 4 states

Allowing Pharmacists to Refuse

Introduced in 4 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 4 states

Allowing Insurers to Refuse

Introduced in 2 states

Allowing Pharmacists to Refuse

Introduced in 4 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 2 states

Bill Status:

Passed at least one chamber in MS

MISSISSIPPI: In January, the Senate passed a measure that would require Vital Records and Board of Health employees, along with teachers and principals, to report to the authorities certain instances where a minor younger than 14 became pregnant, gave birth or had sex.  The bill is awaiting action in the House.

MISSISSIPPI: In January, the Senate passed a measure that would require individuals—including physicians and teachers—who are charged with reporting suspected cases of child abuse to report all instances of alleged or suspected sexual abuse.  It would also prohibit these individuals from using their professional discretion to determine which situations to report.  In addition, the measure would require a physician performing an abortion on a minor younger than 14 to provide a fetal tissue sample to the state bureau of investigation and crime laboratory.  The bill, which would also criminalize assisting a minor seeking an abortion without parental consent, is awaiting action in the House.

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Minors Access to Reproductive Healthcare

Click here for current status of state policy

Introduced in 7 states

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Sex Education

Click here for current status of state policy

Introduced in 8 states

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