Advancing Sexual and Reproductive Health and Rights
 

Monthly State Update:
MAJOR DEVELOPMENTS IN 2010

(as of 3/1/2010)

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 March, legislatures in 41 states (AL, AK, AZ, AR, CA, CO, CT, DE, GA, HI, ID, IL, IN, IA, KS, KY, ME, MD, MA, MI, MN, MS, MO, NE, NH, NJ, NY, OH, OK, PA, RI, SC, SD, TN, UT, VT, VA, WA, WV, WI and WY) and the District of Columbia were in regular session. Three states (FL, LA and NC) have not yet convened their regular sessions. One state (NM) has adjourned its regular session. Five state (MT, NV, ND, OR and TX) legislatures will not meet in regular session in 2010.

 

For a state-by-state chart of legislation enacted in 2010, click here.

 

Jump to actions around:

Abortion

Abortion Bans to Replace Roe

Crisis Pregnancy Centers: 'Choose Life' License Plates and State Funding

Crisis Pregnancy Centers

Fetal Pain

Health Reform

Later Term and Second Trimester Abortion

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

Self-Induced Abortion

Sex and Race Selection

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

Defining Contraception
Emergency Contraception

HPV: Insurance Coverage

HPV: School Entry

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

Non-Medical 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 8 states

Return to the Top

Crisis Pregnancy Centers: 'Choose Life' License Plate and State Funding

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

Introduced in 8 states

Bill Status:

Passed at least one chamber in OK

OKLAHOMA: In February, the House approved a measure that would continue funding of alternatives-to-abortion services. It is awaiting action in the Senate.

Return to the Top

Crisis Pregnancy Centers

Introduced in 6 states

Return to the Top

Fetal Pain

Click here for current status of state policy

Introduced in 3 states (These bills overlap with bills in the Mandatory Counseling, Waiting Period and Ultrasound Requirements categories.)

Return to the Top

Health Reform

Introduced in 5 states

Return to the Top

Later Term and Second Trimester Abortion

Introduced in 3 states

Return to the Top

Mandatory Counseling and Waiting Periods Before Abortion

Click here for current status of state policy

Women Required to Receive State-Directed Counseling

Introduced in 12states (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 10 states (These bills overlap with bills in the Fetal Pain and Ultrasound Requirements categories.)

Bill Status:

Passed at least one chamber in KY, UT and VA

KENTUCKY: In January, the Senate approved a bill that would require that a woman seeking an abortion receive counseling in person at least 24 hours prior to the procedure, thus requiring her to make two trips to the clinic. The bill, which would also require an ultrasound to be performed as part of the abortion procedure, is awaiting action in the House.

UTAH: In February, the House passed a measure that would require that a provider inform a woman seeking an abortion that the state’s abortion counseling video is available on the Department of Health’s Web site. The bill, which would also require a technician to display images from any ultrasound performed as part of an abortion procedure, is awaiting action in the Senate.

VA H 334

VIRGINIA: In February, the House passed a bill that would require the counseling provided to a woman prior to an abortion to include information on the “effects on future pregnancies.” The bill is awaiting action in the Senate.

Return to the Top

Medical Emergency Exception in Abortion Law

Introduced in 4 states

Return to the Top

Medication Abortion

Introduced in 2 states

Return to the Top

Minors Reporting Requirements

Introduced in 3 states

Return to the Top

Parental Involvement in Minors' Abortions

Click here for current status of state policy

Parental Consent Requirements

Introduced in 8 states

Return to the Top

Parental Notification Requirements

Introduced in 6 states

Return to the Top

'Partial-Birth' Abortion

Click here for current status of state policy

Introduced in 5 states

Return to the Top

Physician Liability

Introduced in 1 state

Bill Status:

Passed at least one chamber in OK

OKLAHOMA: In February, the House approved a measure that would protect health care providers who withhold information about pregnancy or fetal development from women who might otherwise choose abortion. The bill, which is awaiting action in the Senate, would prohibit damages from being awarded to women from wrongful birth lawsuits brought on these grounds.

Return to the Top

Physician-Only Requirements

Click here for current status of state policy

Introduced in 4 states

Return to the Top

Postviability Abortion

Click here for current status of state policy

Introduced in 3 states

Return to the Top

Private Insurance Coverage of Abortion

Click here for current status of state policy

Introduced in 4 states

Return to the Top

Prohibiting Forcing a Woman to Have an Abortion

Introduced in 8 states

Bill Status:

Passed at least one chamber in OK

OKLAHOMA: In February, the House approved a measure that would require abortion facilities to post a notice informing women that they cannot be coerced into having an abortion, and that an abortion may only be performed if the woman has voluntarily consented to the procedure; it would also inform women that they can contact a law enforcement agency if they feel that they have been the victim of coercion.  The bill, which would fine facilities $10,000 for each day the notice is not posted, is awaiting action in the Senate.

Return to the Top

Protecting Access to Abortion

Click here for current status of state policy

Introduced in 4 states

Return to the Top

Protecting Access to Clinics

Click here for current status of state policy

Introduced in 2 states

Return to the Top

Public Funding of Abortion for Low-Income Women

Click here for current status of state policy

Introduced in 7 states

Bill Status:

Passed at least one chamber in IA

IOWA: In February, the legislature passed a measure that would continue the state’s policy of paying for abortions within the Medicaid program in cases of fetal abnormality, rape, incest and life endangerment. The measure is awaiting action by Gov. Chet Culver (D).

Return to the Top

Reporting Statistical Information to State Agencies

Click here for current status of state policy

Introduced in 11 states

OKLAHOMA: In February, a state court declared unconstitutional a state law that would have revised and expanded the state’s abortion reporting requirements. Specifically, the law would have required that providers report cost and payment information, whether anesthesia was provided to the fetus and the woman’s reason for the abortion. The court struck down the law largely on procedural grounds, saying that it violated the state constitution’s “single-subject” requirement by addressing too many disparate topics. The law, which also would have penalized providers for performing an abortion for purposes of sex selection, was originally enacted in May 2009 and never went into effect.

Return to the Top

Requiring Abortion Providers to Have Hospital Privileges

Click here for current status of state policy

Introduced in 2 states

Return to the Top

Self-Induced Abortion

Introduced in 3 states

Bill Status:

Passed at least one chamber in UT

UTAH: In February, the Senate passed a bill that would consider self-induced abortion to be murder. The measure, which would also criminalize some miscarriages, was approved by the House in January. It is awaiting action by Gov. Gary Herbert (R). (In early March, this bill was returned to the legislature and amended. The new version is now before the governor.)

Return to the Top

Sex and Race Selection

Introduced in 8 states

OKLAHOMA: In February, a state court declared unconstitutional a state law that would have penalized providers for knowingly performing an abortion for the purpose of sex selection. The court struck down the law largely on procedural grounds, saying that it violated the state constitution’s “single-subject” requirement by addressing too many disparate topics. The law, which also would have expanded the state’s abortion reporting requirements, was originally enacted in May 2009 and never went into effect.

Return to the Top

State Participation in Abortion

Introduced in 2 states

Return to the Top

Targeted Regulation of Abortion Providers

Introduced in 8 states

Return to the Top

Ultrasound Requirements

Click here for current status of state policy

Introduced in 17 states

Bill Status:

Passed at least one chamber in KY, UT and VA

KENTUCKY: In January, the Senate approved a measure that would require an abortion provider or a certified technician to perform an ultrasound prior to an abortion. The provider would be required to display and describe the ultrasound image to the woman, although the woman would be permitted to avert her eyes from the image. The measure would also require that a woman seeking an abortion receive in-person counseling at least 24 hours prior to the procedure. The bill is awaiting action in the House.

UTAH: In February, the House passed a measure that would require that when an ultrasound is provided as part of an abortion procedure that the image be simultaneously displayed to her and she be given an opportunity to receive a description of the image. The bill, which would also add to the state’s abortion counseling requirements, is awaiting action in the Senate.

VIRGINIA: In February, the House approved a measure that would require a woman seeking an abortion to undergo an ultrasound and be given the opportunity to view the image. The bill is awaiting action in the Senate.

Return to the Top

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 6 states

Bill Status:

Passed at least one chamber in CO

COLORADO: In February, the legislature passed a measure that reenacts a longstanding prohibition of giving state family planning funds to organizations that provide abortion services with their own funds. The bill is awaiting action by Gov. Bill Ritter (D).

Return to the Top

Contraceptive Coverage Mandates

Click here for current status of state policy

Introduced in 9 states

Return to the Top

Defining Contraception

Introduced in 3 states

Return to the Top

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 8 states

Allowing Pharmacists to Provide Emergency Contraception without a Prescription

Introduced in 1 state

Expanding Access to Emergency Contraception

Introduced in 3 states

Restricting Access to Emergency Contraception

Introduced in 0 states

Return to the Top

Requiring Pharmacists or Pharmacies to Dispense Contraception

Introduced in 9 states

Return to the Top

HPV: Insurance Coverage

Introduced in 4 states

Return to the Top

HPV Vaccine: School Entry

Introduced in 0 states

Return to the Top

Parental Involvement Requirements for Minors Seeking Contraceptive Services

Click here for current status of state policy

Introduced in 1 state

Return to the Top

Partner Treatment for Sexually Transmitted Infections

Introduced in 6 states

Bill Status:

Passed at least one chamber in WI

WISCONSIN: In February, the Senate adopted a measure that would allow a medical provider to prescribe or dispense a drug for treatment of Chlamydia, gonorrhea or trichomonsiasis for a partner of a patient without first seeing the partner. The bill is awaiting action in the Assembly.

Return to the Top

State Medicaid Family Planning Eligibility Expansions

click here for current status of state policy

Introduced in 5 states

Return to the Top

PREGNANCY & BIRTH

See also:

REFUSAL CLAUSES

Fetal and Pregnant Woman Assault

Introduced in 15 states

Bill Status:

Passed at least one chamber in UT and WY

UTAH: In February, the Senate passed a bill that would consider a woman’s reckless act that results in a miscarriage to be murder. The measure, which would also criminalize self-induced abortion, passed the House in January. It is awaiting action by Gov. Gary Herbert (R). (In early March, this bill was returned to the legislature and amended. The new version is now before the governor.)

WYOMING: In February, the House adopted a measure that would allow for an additional penalty when a person is convicted of murder or manslaughter of a pregnant woman. The bill is awaiting action in the Senate.

Return to the Top

HIV Testing of Infants and Pregnant Women

Introduced in 6 states

Return to the Top

Infant Abandonment

Click here for current status of state policy

Introduced in 8 states and DC

Return to the Top

Infertility Coverage

Introduced in 10 states

Return to the Top

Non-Medical Use of Ultrasound

Introduced in 1 state

Return to the Top

Stillborn Certificates

Introduced in 6 states

Return to the Top

Substance Abuse During Pregnancy

Click here for current status of state policy

Introduced in 13 states

Return to the Top

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 11 states

Bill Status:

Passed at least one chamber in ID

IDAHO: In February, the Senate adopted a measure that would allow health care providers to refuse to provide certain services, including surgical and medication abortion, if the refusal is based on moral, religious or ethical objections. In the case of a life-threatening situation, the medical provider would be required to provide the service if no other provider were available. An employer would be required to “reasonably accommodate” an employee’s refusal as long as it would not cause an “undue hardship” on the business. The measure is awaiting action in the House. 

Allowing Insurers to Refuse

Introduced in 5 states

Allowing Pharmacists or Pharmacies to Refuse

Introduced in 9 states

Bill Status:

Passed at least one chamber in ID

IDAHO: In February, the Senate adopted a measure that would allow pharmacists to refuse to provide certain services, including medication abortion, if the refusal is based on moral, religious or ethical objections. In the case of a life-threatening situation, the medical provider would be required to provide the service if no other provider were available. An employer would be required to “reasonably accommodate” an employee’s refusal as long as it would not cause an “undue hardship” on the business. The measure is awaiting action in the House. 

Allowing Facilities to Refuse

Introduced in 7 states

Return to the Top

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 7 states

Bill Status:

Passed at least one chamber in ID

IDAHO: In February, the Senate adopted a measure that would allow health care providers to refuse to provide certain services, including emergency contraception and family planning, if the refusal is based on moral, religious or ethical objections. In the case of a life-threatening situation, the medical provider would be required to provide the service if no other provider were available. An employer would be required to “reasonably accommodate” an employee’s refusal as long as it would not cause an “undue hardship” on the business. The measure is awaiting action in the House. 

Allowing Insurers to Refuse

Introduced in 5 states

Allowing Pharmacies to Refuse

Introduced in 5 states

Allowing Pharmacists to Refuse

Introduced in 8 states

Bill Status:

Passed at least one chamber in ID

IDAHO: In February, the Senate adopted a measure that would allow pharmacists to refuse to provide certain services, including emergency contraception and family planning, if the refusal is based on moral, religious or ethical objections. In the case of a life-threatening situation, the medical provider would be required to provide the service if no other provider were available. An employer would be required to “reasonably accommodate” an employee’s refusal as long as it would not cause an “undue hardship” on the business. The measure is awaiting action in the House. 

Return to the Top

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 6 states

Bill Status:

Passed at least one chamber in ID

IDAHO: In February, the Senate adopted a measure that would allow health care providers to refuse to participate in abortion and activities related to stem cell research or treatment or end of life care. The refusal would have to be based on religious, moral or ethical objections. In the case of a life-threatening situation, the medical provider would be required to provide the service if no other provider were available. An employer would be required to “reasonably accommodate” an employee’s refusal as long it would not cause an “undue hardship” on the business. The measure is awaiting action in the House.

Allowing Insurers to Refuse

Introduced in 5 states

Allowing Pharmacists or Pharmacies to Refuse

Introduced in 7 states

Bill Status:

Passed at least one chamber in ID

IDAHO: In February, the Senate adopted a measure that would allow pharmacists to refuse to participate in abortion and activities related to stem cell research or treatment or end of life care. The refusal would have to be based on religious, moral or ethical objections. In the case of a life-threatening situation, the medical provider would be required to provide the service if no other provider were available. An employer would be required to “reasonably accommodate” an employee’s refusal as long it would not cause an “undue hardship” on the business. The measure is awaiting action in the House.

Allowing Facilities to Refuse

Introduced in 6 states

Return to the Top

YOUTH

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

Child Abuse Reporting

Introduced in 3 states

Bill Status:

Passed at least one chamber in MS

MISSISSIPPI: In February, the Senate adopted a measure that would require individuals 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. The bill, which would also criminalize assisting a minor seeking an abortion without parental consent, is awaiting action in the House.

Return to the Top

Minors Access to Reproductive Healthcare

Click here for current status of state policy

Introduced in 4 states

Return to the Top

Sex Education

Click here for current status of state policy

Introduced in 23 states

Bill Status:

Passed at least one chamber in MS

Enacted in WI

MISSISSIPPI: In February, the House adopted a measure that would require school districts to provide sex education, either through abstinence-only or abstinence-plus programs. Although current law does not require every school to provide sex education, it mandates that any sex education provided in a school teach that sex is only appropriate within marriage and include the “likely negative psychological and physical effects of not abstaining.” The measure would require all districts to meet the current requirements related to abstinence, but would also allow them to include other subjects such as contraception and STIs. The measure is awaiting action in the Senate.

(ENACTED) WISCONSIN: In February, Gov. Jim Doyle (D) signed a measure that amends the state’s sex education law and allows the state to seek federal funding for sex education programs that are proven to delay sexual activity, reduce teen pregnancy and increase contraceptive use. The modifications to current law ensure that sex education is medically accurate, age-appropriate and teaches students about contraception and abstinence. (Current law does not require any instruction about contraceptives, but does require that information on abstinence be stressed.) The measure went into effect in February.

Return to the Top

 

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