Advancing Sexual and Reproductive Health and Rights
 

Monthly State Update:
MAJOR DEVELOPMENTS IN 2010

(as of 10/1/2010)

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 October, legislatures in six states (MA, MI, NJ, NY, OH and PA) and the District of Columbia were in regular session. Thirty-nine states (AL, AK, AZ, AR, CA, CO, CT, DE, FL, GA, HI, ID, IL, IN, IA, KS, KY, LA, ME, MD, MN, MS, MO, OK, NE, NH, NM, NC, RI, SC, SD, TN, UT, VT, VA, WA, WV, WI and WY) have adjourned their regular sessions. 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 9 states

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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 10 states

Bill Status:

Passed at least one chamber in OK

Enacted in KS, LA, MO and PA

DELAWARE: In September, the state began to offer “Choose Life” license plates to motorists. Proceeds from sales of the plates will go to Choose Life Delaware, which will then distribute the funds to state agencies that “promote adoption instead of abortion.”

(ENACTED) KANSAS: In May, Gov. Mark Parkinson (D) signed a bill that allocates almost $200,000 to fund alternatives-to-abortion services. Gov. Parkinson also vetoed a provision in the bill that would have established a system for allocating funds for family planning services. The bill passed the legislature in May and goes into effect in July.

(ENACTED) LOUISIANA: In May, Gov. Bobby Jindal (R) signed into law a measure that establishes an annual $25 fee for the state’s “Choose Life” license plate. Currently, there is a one-time fee for purchasing the plate. The law, which was approved by the House in April and the Senate in May, goes into effect in August.

(ENACTED) MISSOURI: In June, Gov. Jay Nixon (D) signed a measure that allocates funds to provide alternatives to abortion for any pregnant woman at or below 200% of the federal poverty level. The program offers a range of services to women during pregnancy and for one year following birth. Program funding cannot be used for services related to family planning or abortion nor be given to organizations that offer abortions or abortion referrals. The bill, which goes into effect in August, passed the House in March and the Senate in April.

OKLAHOMA: In March, the Senate approved a measure that would continue funding of alternatives-to-abortion services. The bill, which passed the House in February, died in a conference committee.

(ENACTED) PENNSYLVANIA: In July, Gov. Ed Rendell (D) signed the state’s budget, which includes $5,612,000 in funding for alternatives-to-abortion services. The state prohibits nonprofit organizations receiving the funds from offering abortion services, counseling or referral. Organizations receiving these monies must maintain a strict separation from organizations providing abortion services. The bill, which passed the House in March and the Senate in June, went into effect in July.

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Crisis Pregnancy Centers

Introduced in 7 states

Bill Status:

Passed at least one chamber in MI

MICHIGAN: In March, the House approved a measure that would require crisis pregnancy center staff and volunteers to present medically accurate information to their clients, as well as inform them, orally or in writing, that the center “does not provide information that would lead to the termination of a pregnancy, the location of pregnancy termination services or birth control information.” The bill is awaiting action in the Senate.

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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.)

Bill Status:

Enacted in MO

(ENACTED) MISSOURI: In July, Gov. Jay Nixon (D) allowed a measure that requires an abortion provider to inform a woman having an abortion after 21 weeks of pregnancy of the purported ability of the fetus to feel pain and to offer her the option of obtaining anesthesia for the fetus to become law without his signature. It also requires the state to develop abortion counseling materials that would include the following statement: “The life of each human being begins at conception. Abortion will terminate the life of a separate, unique, living human being.” The measure also contains provisions on ultrasound, counseling requirements and abortion coverage in the health insurance exchange. The bill, which passed the Senate in April and the House in May, goes into effect in late August.

MISSOURI: In March, the House passed a measure that would require an abortion provider to inform a woman having an abortion after 21 weeks of pregnancy of the purported ability of the fetus to feel pain and to offer her the option of obtaining anesthesia for the fetus. It would also require a provider to provide information about the physical characteristics of the fetus. The bill also contains provisions regarding the content of abortion counseling and coerced abortion. No further action is expected since the legislature has adjourned its regular session.

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Health Reform

Introduced in 14 states (These bills overlap with bills in Private Insurance Coverage of Abortion.)

Bill Status:

Enacted in AZ, LA, MS, MO and TN

Vetoed in FL and OK

(ENACTED) ARIZONA: In April, Gov. Jan Brewer (R) signed a measure that limits abortion coverage in the health insurance exchange that will be established under the federal health care reform legislation. The measure prohibits coverage of abortion except when necessary to avert “substantial and irreversible impairment of a major bodily function” or to preserve the woman’s life. Individuals would be permitted to purchase more extensive coverage at an additional cost. The bill, which also limits abortion coverage for state employees and for Medicaid recipients, passed the legislature in April. It goes into effect in July.

FLORIDA: In June, Gov. Charlie Christ (I) vetoed a measure that would have limited abortion coverage for individuals receiving subsidies or using tax credits to purchase coverage through the health insurance exchange that will be established under the federal health care reform legislation. Plans offered on the exchange would have included coverage of abortion only if the woman’s life had been endangered. The measure, which passed the legislature in April, also would have amended the state’s ultrasound law.

(ENACTED) LOUISIANA: In July, Gov. Bobby Jindal (R) signed a measure that bans abortion coverage in the health insurance exchange that will be established under the federal health care reform legislation. The bill, which passed the House in April and the Senate in June, went into effect in July.

(ENACTED) MISSISSIPPI: In May, Gov. Haley Barbour (R) signed into law a measure that limits abortion coverage through the health insurance exchange that will be established under the federal health care reform legislation. Plans offered on the exchange will include coverage of abortion if the woman’s life is endangered or in cases of rape or incest. The law, which passed the legislature in April, is in effect.

(ENACTED) MISSOURI: In July, Gov. Jay Nixon (D) allowed a measure that limits abortion coverage through the health insurance exchange that will be established under the federal health care reform legislation to become law without his signature. Plans offered on the exchange may include coverage of abortion only if the woman’s life is endangered. Individuals are permitted to purchase more extensive coverage at an additional cost. Current law limits coverage of abortion in private health plans to life endangerment and allows enrollees to purchase additional coverage at an additional cost. The measure, which passed the Senate in April and House in May, also contains provisions on abortion counseling, ultrasound and fetal pain. It goes into effect in late August.

OKLAHOMA: In May, Gov. Brad Henry (D) vetoed legislation that limits abortion coverage through the health insurance exchange that will be established under the federal health care reform legislation. Plans offered on the exchange will include coverage of abortion only if the woman’s life is endangered or in cases of rape or incest. Individuals may purchase more extensive coverage at an additional cost. Current law prohibits private health plans from covering abortion except in cases of life endangerment, rape and incest; enrollees may purchase additional coverage at an additional cost. The measure passed the Senate in April and the House in May.

(ENACTED) TENNESSEE: In May, a measure prohibiting coverage of abortion in health plans offered through the state health insurance exchange became law without Gov. Phil Bredesen’s (D) signature. The law, which passed the legislature in April, is in effect.

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Later Term and Second Trimester Abortion

Introduced in 4 states

Bill Status:

Enacted in NE

(ENACTED) NEBRASKA: In April, Gov. Dave Heineman (R) signed groundbreaking legislation that bans abortion after 20 weeks’ gestation, except in cases when the woman's life is endangered or her physical health is severely compromised. The law is based on the assumption that a fetus can feel pain at 20 weeks’ gestation. This law conflicts with several U.S. Supreme Court decisions that have held that states may prohibit only abortions occurring after viability (which occurs after 20 weeks’ gestation), and even then must permit procedures necessary to protect the woman’s health and life. The law, which passed the legislature in April, goes into effect in October.

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

Bill Status:

Passed at least one chamber in VA

Enacted in MO, NE and UT

(ENACTED) MISSOURI: In July, Gov. Jay Nixon (D) allowed a measure that adds a number of requirements for abortion counseling to become law without his signature. Providers must follow specific abortion counseling guidelines, which include giving women the contact information for the hospital, located within 30 miles of the clinic, where the provider has clinical privileges. The measure also requires the state to develop abortion counseling materials stating that “the life of each human being begins at conception,” and that “abortion will terminate the life of a separate, unique, living human being.” It also contains provisions on ultrasound, fetal pain and abortion coverage in the health insurance exchange. The measure, which passed the Senate in April and the House in May, goes into effect in late August.

MISSOURI: In March, the House approved a measure that would expand counseling requirements to require a provider to give a woman seeking an abortion written materials developed by the state and provide her with the option of undergoing an ultrasound and listening to the fetal heartbeat. The materials would contain a statement that “the life of your unborn child began at conception,” information on fetal development and resources for continuing a pregnancy to term. The bill also contains provisions regarding coercion and fetal pain. No further action is expected since the legislature adjourned its regular session.

(ENACTED) NEBRASKA: In April, Gov. Dave Heineman (R) signed a measure that expands the state’s abortion counseling requirements.  The measure requires abortion counselors to inform women of any research showing that some groups of women (based on their “physical, psychological, demographic or situational” characteristics) may be at higher risk of complications associated with having had an abortion. The bill, which includes an exception for medical emergencies, passed the legislature in April. It goes into effect in October. 

(ENACTED) UTAH: In March, Gov. Gary R. Herbert (R) signed a measure that requires a provider to 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 passed the House in February and the Senate in March, also requires a technician to display images from any ultrasound performed as part of an abortion procedure. It goes into effect in May.

VIRGINIA: In March, a Senate committee defeated a bill that would have required the counseling provided to a woman prior to an abortion to include information on the “effects on future pregnancies.” The bill, which the House approved in February, is now dead.

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

Enacted in SC

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 would also require an ultrasound to be performed as part of the abortion procedure. No further action is expected since the legislature has adjourned its regular session.

(ENACTED) SOUTH CAROLINA: In June, Gov. Mark Sanford (R) approved a measure that requires a woman seeking an abortion to receive state-developed counseling materials at least 24 hours before obtaining an abortion. Under current law, the waiting period is one hour. The measure, which has been in a conference committee since 2009, also requires providers to offer a list of organizations that perform free ultrasound examinations. It goes into effect in July.

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Medical Emergency Exception in Abortion Law

Introduced in 4 states

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Medication Abortion

Introduced in 2 states

Bill Status:

Enacted in OK

(ENACTED) OKLAHOMA: In April, Gov. Brad Henry (D) signed a bill that allows only physicians to prescribe and administer mifepristone. If there are complications related to this procedure, a physician must file a report detailing these complications to the drug manufacturer or face sanctioning. The bill passed the legislature in March and is in effect. 

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Minors Reporting Requirements

Introduced in 5 states

Bill Status:

Enacted in AZ and OK

(ENACTED) ARIZONA: In April, Gov. Jan Brewer (R) signed a measure that requires the Department of Health to report detailed information regarding minors’ abortions, including the number of judicial bypass petitions and whether the bypass was granted. The bill, which also includes abortion reporting requirements, passed the Senate in March and the House in April. It goes into effect in August.

(ENACTED) OKLAHOMA: In May, the legislature overrode a veto by Gov. Brad Henry (D) and enacted legislation that requires abortion providers to report extremely detailed information regarding minors’ abortions, including whether physicians received the mandatory parental consent, whether minors sought a judicial bypass and whether a bypass was granted. The measure is identical to language that was enacted in 2009 and subsequently struck down on procedural grounds by a state court. The bill also includes abortion reporting requirements. The bill, which originally passed the House in March and the Senate in April, is in effect.

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Parental Involvement in Minors' Abortions

Click here for current status of state policy

Parental Consent Requirements

Introduced in 10 states

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Parental Notification Requirements

Introduced in 7 states

Bill Status:

Passed at least one chamber in FL and OH

Enacted through ballot initiative in AK

(ENACTED) ALASKA: In August, voters approved a ballot initiative that would change the state’s parental consent statute—which is currently enjoined—to require parental notice before a minor procures an abortion. The physician is required to give notice 48 hours before the procedure. The initiative, which includes a judicial bypass and exceptions for abuse and medical emergencies, goes into effect in November.

FLORIDA: In April, the House adopted a measure that would amend the judicial process for obtaining a waiver from the state’s law requiring parental notification before a minor obtains an abortion. The bill would provide judges with a list of criteria to use when evaluating a minor for the waiver and would require the judge to inform the minor that “there is a shortage of newborn babies available for adoption, and that the demand is very high from qualified families.” Currently judges may approve a waiver if a minor presents “clear and convincing” evidence. The bill would also lengthen the time in which judges must respond to the petition from 48 hours to three business days. No further action is expected since the legislature has adjourned its regular session.

ILLINOIS: In March, a state court ruled that the state’s constitution does not guarantee the right to abortion, clearing the way for the implementation of a notification law for the first time since it was enacted in 1995. The law requires providers to notify a parent or an adult family member at least 48 hours in advance of a minor’s abortion. Notice can be waived by a judge and is not required in cases of medical emergency or sexual abuse. The law is blocked from going into effect for 60 days pending possible appeal.

OHIO: In May, the Senate passed a measure that would amend the judicial process for obtaining a waiver from the state’s law requiring parental notification before a minor obtains an abortion. The bill would require the judge to ask if the minor is aware of the possible “physical and emotional complications of abortion,” how she would react if these complications arose, and whether she was coached in how to respond to the judge’s questions. Also, the judge must find “clear and convincing evidence” that the minor is mature or that the abortion is in her best interest before authorizing the procedure. Current policy requires the judge to determine if the abortion is in the minor’s best interest or if she is sufficiently mature, but does not require evidence to be “clear and convincing.” The bill is awaiting action in the House.

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'Partial-Birth' Abortion

Click here for current status of state policy

Introduced in 5 states

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Physician Liability

Introduced in 1 state

Bill Status:

Enacted in OK

(ENACTED) OKLAHOMA: In April, the legislature overrode Gov. Brad Henry’s (D) veto of a measure that protects health care providers who withhold information about pregnancy or fetal development from women who might otherwise choose abortion. The bill, which passed the House in February and the Senate in April, prohibits damages from being awarded to women from wrongful birth lawsuits brought on these grounds. The law is in effect. 

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Physician-Only Requirements

Click here for current status of state policy

Introduced in 4 states

Bill Status:

Enacted in OK

(ENACTED) OKLAHOMA: In April, Gov. Brad Henry (D) signed a bill that allows only physicians to prescribe and administer mifepristone. If there are complications related to this procedure, a physician must file a report detailing these complications to the drug manufacturer or face sanctioning. The final version of the bill passed the legislature in March and is in effect. 

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Postviability Abortion

Click here for current status of state policy

Introduced in 3 states

Bill Status:

Passed at least one chamber in KS

Vetoed in KS

KANSAS: In May, the legislature failed by one vote to override Gov. Mark Parkinson’s (D) veto of a measure that would have amended the state’s definition of viability for postviability abortions, and which could have made more procedures subject to the strict restrictions on later-term abortions. The measure would have defined viability as the point in gestation when “the life of the child can be continued indefinitely outside the mother’s womb with natural or artificial life-supportive measures.” Current law considers a pregnancy viable when “the fetus is capable of sustained survival outside the uterus without the application of extraordinary measures.” The bill would have also required detailed documentation of the medical reasons for the procedure. The measure, which also includes additional reporting requirements, passed the legislature in March.

KANSAS: In March, the House adopted a measure that would limit postviability abortions to cases when the woman’s life is endangered or when there is a chance of “substantial and irreversible impairment” of her physical health. Currently, the law allows postviability abortions in those situations and when necessary to protect the woman’s mental health. No further action is expected since the legislature has adjourned its regular session.

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Private Insurance Coverage of Abortion

Click here for current status of state policy

Introduced in 9 states

Bill Status:

Passed at least one chamber in KS and LA

Enacted in AZ and SC

(ENACTED) ARIZONA: In April, Gov. Jan Brewer (R) signed a measure that prohibits any public funds from being used to cover abortion in insurance plans for state employees, except to avert “substantial and irreversible impairment of a major bodily function” or to preserve the woman’s life. The bill, which also limits Medicaid funding for abortion, passed the Senate in March and the House in April. It goes into effect in July.

KANSAS: In March, the House adopted a measure that would prohibit health insurers from covering abortions except in cases of life endangerment, rape or incest and mandate that insurers offer the option to purchase additional abortion coverage at an additional premium. No further action is expected since the legislature has adjourned its regular session.

LOUISIANA: In June, the legislature removed the provisions that would have limited coverage of abortion in any health plan. The remaining provisions that would ban abortion coverage in the state health care exchange, were adopted by the legislature in June and signed by Gov. Bobby Jindal (R) in July.

(ENACTED) SOUTH CAROLINA: In June, Gov. Mark Sanford (R) signed the state’s budget, which continues a provision that restricts abortion coverage in the state employee health plan. The state employee health plan covers abortion in cases of life endangerment or severe health impairment, rape and incest. The measure, which passed the House in March and the Senate in April, goes into effect in July.

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Prohibiting Forcing a Woman to Have an Abortion

Introduced in 11 states

Bill Status:

Passed at least one chamber in MO and OK

Enacted in OK and TN

MISSOURI: In March, the House passed a bill that would make it a crime to coerce a woman into having an abortion and require abortion facilities to display a sign informing women that no one has the right to coerce them into having the procedure. The measure would also add criminal penalties for abortion providers, intimate partners or family members if they coerced a woman into having an abortion. This provision is no longer part of a which was part of a larger bill containing additional abortion restrictions.

(ENACTED) OKLAHOMA: In April, Gov. Brad Henry (D) signed a measure that requires 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 also informs women that they can contact a law enforcement agency if they feel that they have been the victim of coercion.  The bill, which fines facilities $10,000 for each day the notice is not posted, passed the House in February and the Senate in April. It went into effect when signed.

(ENACTED) TENNESSEE: In April, Gov. Phil Bredesen (D) signed a measure that requires 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 also informs women that they can contact a law enforcement agency if they feel that they have been the victim of coercion. The bill, which fines facilities $2,500 for each day the notice is not posted, passed both chambers of the legislature in March. It goes into effect in October.

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Protecting Access to Abortion

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Introduced in 4 states

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Protecting Access to Clinics

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Introduced in 2 states

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Public Funding of Abortion for Low-Income Women

Click here for current status of state policy

Introduced in 10 states

Bill Status:

Enacted in AZ, IA, MD, SC and VA

(ENACTED) ARIZONA: In April, Gov. Jan Brewer (R) signed a measure that limits Medicaid funding for abortion to cases of rape, incest or life endangerment. Currently, the state is under a court order to fund all medically necessary abortions. The bill, which also limits abortion coverage in the state employee health plan and in the state health insurance exchange, passed the Senate in March and the House in April. It goes into effect in July.

(ENACTED) IOWA: In March, Gov. Chet Culver (D) signed into law a measure that continues the state’s policy of paying for abortions within the Medicaid program in cases of fetal abnormality, rape, incest and life endangerment. The law is in effect.

(ENACTED) MARYLAND: In April, the legislature passed a measure that would reenact 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 woman’s physical and mental health is at grave risk. The measure was enacted in April without the signature of Gov. Martin O'Malley (D).

(ENACTED) SOUTH CAROLINA: In June, Gov. Mark Sanford (R) signed the state’s budget, which limits Medicaid funding for abortion in cases of life endangerment, rape and incest, and in limited cases in which the woman’s health is endangered. Currently, the state pays for abortions under Medicaid in cases of life endangerment, rape and incest. The measure, which passed the House in March and the Senate in April, also includes a provision on abortion coverage in state employee health plans. It goes into effect in July.  

(ENACTED) VIRGINIA: In April, the legislature adopted the final version of the state’s budget to limit Medicaid funding for abortion to cases of rape, incest or life endangerment. Currently, the state covers abortion in those cases, and in cases of fetal abnormality. It goes into effect in July.

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Reporting Statistical Information to State Agencies

Click here for current status of state policy

Introduced in 11 states

Bill Status:

Enacted in AZ and OK

Vetoed in KS

(ENACTED) ARIZONA: In April, Gov. Jan Brewer (R) signed a measure that expands abortion reporting requirements to include more detailed personal information, including the woman’s rationale for undergoing the procedure. An aggregated report of this information, with nonidentifying statistics, will be available on the state Department of Health Web site. The bill, which also includes reporting requirements for minors’ abortions, passed the Senate in March and the House in April. It goes into effect in August.

KANSAS: In May, the legislature failed by one vote to override Gov. Mark Parkinson’s (D) veto of a measure that would have included additional reporting requirements for postviability abortions. The measure would have requiredinformation about the "specific medical diagnosis and condition" that would have cause a "substantial and irreversible impairment of a major bodily function of the mother" if the procedure had not been performed. The measure, which also would have amended the state’s definition of viability for postviability abortions, passed the legislature in March.

(ENACTED) OKLAHOMA: In May, the legislature overrode a veto by Gov. Brad Henry (D) and enacted legislation that requires abortion providers to collect personal information—including the woman’s reason for the abortion, race and number of previous pregnancies—and to record the county where the abortion was performed. Aggregated information will be posted on the Department of Health’s Web site. The bill also includes minors’ abortion reporting requirements. The measure passed the House in March and the Senate in April and is in effect.

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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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Self-Induced Abortion

Introduced in 3 states

Bill Status:

Enacted in UT

(ENACTED) UTAH: In March, Gov. Gary Herbert (R) signed a measure that establishes self-induced abortion as murder. The measure, which also criminalizes any “intentional or knowing act” by the woman that results in miscarriage, went into effect upon signing.

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Sex and Race Selection

Introduced in 9 states

Bill Status:

Passed at least one chamber in GA

Enacted in OK

GEORGIA: In April, a measure that would have criminalized soliciting or coercing a woman to have an abortion “based in any way on account of the race, color or sex of the unborn child” died in the House. Providers could have been penalized for performing an abortion if they knew the woman had been coerced or was seeking the procedure because of the sex or race of the fetus. The bill was approved by the Senate in March.

(ENACTED) OKLAHOMA: In April, Gov. Brad Henry (D) signed a measure that criminalizes any abortion performed solely because of the sex of the fetus. The bill passed both chambers of the legislature in March. The measure is identical to language that was enacted in 2009 and subsequently struck down on procedural grounds by a state court. The law is in effect. 

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State Participation in Abortion

Introduced in 3 states

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Targeted Regulation of Abortion Providers

Introduced in 9 states

Bill Status:

Enacted in LA

(ENACTED) LOUISIANA: In June, Gov. Bobby Jindal (R) signed a measure that allows the state to revoke an abortion clinic’s license for any violation of the law. Under the previous law, the state could revoke a clinic’s license because of a “substantial failure” to meet legal requirements, which is the same standard used for hospitals. The measure passed the House in May and the Senate in June. It went into effect upon signing.

(ENACTED) LOUISIANA: In July, Gov. Bobby Jindal (R) signed a measure that excludes any provider who performs an “elective” postviability abortion from the protections of the medical malpractice law. The bill, which passed legislature in June, went into effect in July.

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Ultrasound Requirements

Click here for current status of state policy

Introduced in 18 states

Bill Status:

Passed at least one chamber in KY and VA

Enacted in LA, MO, OK, SC, UT and WV

Vetoed in FL

FLORIDA: In June, Gov. Charlie Christ (I) vetoed a measure that would have mandated that a woman seeking an abortion undergo an ultrasound prior to the procedure unless she had documentation that she was the victim of rape, human trafficking, domestic violence or incest. Current law requires ultrasound only when an abortion is performed after the first trimester. The measure, which passed the legislature in April, would have also required providers to offer women the option of viewing the ultrasound image and would have limited abortion coverage offered through the state health insurance exchanges that will be established under federal health care reform legislation.

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. No further action is expected since the legislature has adjourned its regular session.

LOUISIANA: In August, a federal judge blocked enforcement of part of a new statute amending the state’s ultrasound law. The new law expands the ultrasound requirement; while previous law required women to receive an ultrasound before obtaining an abortion, the new statute will require that women be given the option to view the ultrasound image and hear a simultaneous description of the image. The measure also requires women to wait two hours after the ultrasound procedure to undergo an abortion. An additional provision that would have required women to receive a printout of the ultrasound image was blocked in federal court. A settlement has been reached, and the provision will not be enforced. The measure was signed by Gov. Bobby Jindal in July.

(ENACTED) MISSOURI: In July, Gov. Jay Nixon (D) allowed a measure that requires providers to offer an ultrasound to a woman seeking an abortion and to give her a list of organizations that perform ultrasound examinations to become law without his signature. If the woman opts to have the ultrasound, the procedure would have to be performed at least 24 hours prior to the abortion. The provider must also give the woman the opportunity to hear the fetal heartbeat, if audible. The measure also contains provisions on ultrasound, fetal pain and abortion coverage in the health insurance exchange. The bill, which passed the Senate in April and the House in May, goes into effect in late August.

(ENACTED) OKLAHOMA: In April, the legislature overrode Gov. Brad Henry’s (D) veto of a measure that requires provision of an ultrasound at least one hour before an abortion procedure. The bill also requires that a woman be provided with a medical explanation of the images, including, if present and viewable, a description of the fetus and information on any cardiac activity. A woman is permitted to “avert her eyes” from the image if she desires. The bill, which passed the House in March and the Senate in April, is identical to language that was enacted in 2008 and subsequently struck down on procedural grounds by a state court. A court has temporarily blocked the law from going into effect.

(ENACTED) SOUTH CAROLINA: In June, Gov. Mark Sanford (R) signed a measure that requires an abortion provider to give a woman seeking an abortion a list of organizations that perform free ultrasound examinations. A conference committee omitted language from the bill that would have required any woman opting to have an ultrasound to wait an additional 24 hours after the ultrasound procedure to receive an abortion. The measure, which has been in a conference committee since 2009, also expands the waiting period before abortion. It goes into effect in July.

(ENACTED) UTAH: In March, Gov. Gary Herbert (R) signed a measure that requires providers who perform an ultrasound as part of an abortion procedure to simultaneously display the image to the woman and give her the opportunity to hear a description of the image. The new law, which passed the House in February and the Senate in March, also expands the state’s abortion counseling requirements. It goes into effect in May.

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. No further action is expected since the legislature has adjourned its regular session.

(ENACTED) WEST VIRGINIA: In April, Gov. Joe Manchin (D) signed a measure that requires a provider who performs an ultrasound as part of the preparation for an abortion to give a woman the opportunity to view the image. The bill, which passed both chambers of the legislature in March, goes into effect in June. 

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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 6 states

Bill Status:

Passed at least one chamber in MI

Enacted in CO

Vetoed in KS

(ENACTED) COLORADO: In March, Gov. Bill Ritter (D) signed into law a measure that reenacts a longstanding prohibition of giving state family planning funds to organizations that provide abortion services with their own funds. The law, which passed the legislature in February, is in effect.

KANSAS: In May, Gov. Mark Parkinson (D) vetoed language in the state’s budget that would have required family planning funds dispensed by a state agency to be dispersed using a priority-based system. Facilities run by health agencies would have had the highest priority, followed by private hospitals and federally qualified health centers. The final version of the bill, which was adopted by the legislature in May, also includes funding for crisis pregnancy centers. It goes into effect in July.

MICHIGAN: In May, both chambers of the legislature adopted the state budget with a long-standing provision that would prohibit the use of state family planning funds for abortion services, including counseling and referral. The bill is awaiting concurrence on an unrelated issue in the Senate.

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Contraceptive Coverage Mandates

Click here for current status of state policy

Introduced in 9 states

Bill Status:

Enacted in CO

(ENACTED) COLORADO: In May, Gov. Bill Ritter (D) signed into law a measure that requires all group and individual health insurance plans to cover contraceptives and maternity care. The measure, which passed the legislature in March, goes into effect in January 2011.

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Defining Contraception

Introduced in 4 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 9 states

Bill Status:

Passed at least one chamber in MI

MICHIGAN: In March, the House passed a measure that would require health facilities to provide medically accurate written information on emergency contraception to a woman who has been sexually assaulted. The measure would also require the facility to offer emergency contraception and provide the medication when requested by the woman. The bill is awaiting action in the Senate.

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

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Requiring Pharmacists or Pharmacies to Dispense Contraception

Introduced in 10 states

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HPV: Insurance Coverage

Introduced in 4 states

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HPV Vaccine: School Entry

Introduced in 0 states

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Parental Involvement Requirements for Minors Seeking Contraceptive Services

Click here for current status of state policy

Introduced in 2 states

Bill Status:

Passed at least one chamber in AZ

ARIZONA: In May, Gov. Jan Brewer (R) signed into law a measure that allows a parent to make health care decisions for a minor and to access a minor’s medical records, although the measure does not contain penalties for violating the law. In the final version of the measure, the legislature removed a provision that would have required parental consent before a minor could obtain prescriptions for contraceptives or other medications. The legislature also removed a provision that would have repealed the statute that affirms a minor’s right to consent to the diagnosis and treatment of STIs. The bill, which passed the Senate in March and the House in April, goes into effect in July.

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Partner Treatment for Sexually Transmitted Infections

Introduced in 7 states

Bill Status:

Passed at least one chamber in MA

Enacted in ME, MA, MO, RI and WI

(ENACTED) MAINE: In March, Gov. John Baldacci (D) signed into law a measure that allows a medical provider to prescribe or dispense a drug for treatment of STIs for a partner of a patient without first seeing the partner. The provider will also provide counseling and information for the patient to give to the partner. The bill, which passed the legislature in March, goes into effect in July.

(ENACTED) MASSACHUSETTS: In June, Gov. Deval Patrick (D) signed into law a measure that requires the Department of Public Health to establish regulations to allow medical providers to prescribe or dispense a drug for treatment of chlamydia for a patient’s partner without first seeing the partner. The previous version would have allowed health care practitioners to provide treatment for chlamydia to patients’ partners without new regulations. The law, which passed the House in April and the SEnate in June, is in effect.

(ENACTED) MISSOURI: In July, Gov. Jay Nixon (D) signed a measure that allows a physician to prescribe or dispense a drug for treatment of chlamydia or gonorrhea for a patient’s partner without first seeing the partner. The provider can also offer counseling and information about preventing STIs. The bill, which passed the House in March and the Senate in May, goes into effect in late August.

(ENACTED) RHODE ISLAND: In June, Gov. Don Carcieri (R) allowed two identical measures permitting medical providers to prescribe or dispense a drug for treatment of chlamydia or gonorrhea for a patient’s partner without first seeing the partner to go into effect without his signature. The measures, which passed the legislature in June, are in effect.

(ENACTED) WISCONSIN: In May, Gov. Jim Doyle (D) signed into law a measure that allows a medical provider to prescribe or dispense a drug for treatment of chlamydia, gonorrhea or trichomoniasis for a partner of a patient without first seeing the partner. The bill, which passed the Senate in February and the House in April, is in effect.

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State Medicaid Family Planning Eligibility Expansions

click here for current status of state policy

Introduced in 5 states

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PREGNANCY & BIRTH

See also:

REFUSAL CLAUSES

Fetal and Pregnant Woman Assault

Introduced in 17 states

Bill Status:

Enacted in TN, UT and WY

(ENACTED) UTAH: In March, Gov. Gary Herbert (R) signed a measure that considers it murder if the woman’s “intentional or knowing” act results in a miscarriage. The measure, which also criminalizes self-induced abortion, passed the Senate in February and the House in March. It went into effect upon signing.

(ENACTED) TENNESSEE: In June, Gov. Phil Bredesen (D) signed a measure that requires an additional penalty for the murder of a pregnant woman. The bill, which passed the legislature in June, goes into effect in July.

(ENACTED) WYOMING: In March, Gov. Dave Freudenthal (D) signed a measure that allows for an additional penalty when a person is convicted of the murder or manslaughter of a pregnant woman. The bill, which passed the House in February and the Senate in March, goes into effect in July.

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HIV Testing of Infants and Pregnant Women

Introduced in 6 states

Bill Status:

Enacted in KS

(ENACTED) KANSAS: In April, Gov. Mark Parkinson (D) signed into law a measure that requires a physician or other health care professional to perform an HIV test on a pregnant woman either during prenatal care or at delivery. The woman will be informed in writing of the HIV screening and given a consent form to accept or refuse the test. The measure also mandates 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. The mother will sign a form verifying that she was informed in writing of the newborn screening procedure. The law goes into effect in July.

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Infant Abandonment

Click here for current status of state policy

Introduced in 8 states and DC

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Infertility Coverage

Introduced in 10 states

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Non-Medical Use of Ultrasound

Introduced in 1 state

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Stillborn Certificates

Introduced in 6 states

Bill Status:

Passed at least one chamber in PA

Enacted in TN

PENNSYLVANIA: In May, the Senate adopted a measure that would allow a parent to request a certificate of stillbirth for any fetal death. These certificates would not affect counts of live births. The measure is awaiting action in the House.

(ENACTED) TENNESSEE: In April, Gov. Phil Bredesen (D) signed legislation allowing for a certificate of birth resulting in a stillbirth to be issued for a fetal death when requested by a parent. The medical provider is required to inform the parent about the option to obtain the certificate. The certificate would not count toward live births. The measure, which passed the Senate in March and the House in April, goes into effect in July.

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Substance Abuse During Pregnancy

Click here for current status of state policy

Introduced in 14 states

Bill Status:

Enacted in KY and MN

(ENACTED) KENTUCKY: In May, Gov. Steve Beshear (D) signed into law a measure that allocates $1.8 million over two years for substance abuse prevention and treatment for pregnant women. The bill, which passed the legislature in May, goes into effect in July.

(ENACTED) MINNESOTA: In May, Gov. Tim Pawlenty (R) signed into law a measure that relieves a health care professional of the responsibility to report a pregnant woman who is using alcohol or marijuana to the police, if the professional is providing her with health services. The law, which passed the Senate in March and the House in May, goes into effect in August.

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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 11 states

Bill Status:

Enacted in ID and OK

(ENACTED) IDAHO: In March, Gov. C.L. Otter (R) allowed a broad refusal clause to go into effect without his signature. The new law permits 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 must provide the service if no other provider is available. Employers are also required to “reasonably accommodate” an employee’s refusal as long as it does not cause an “undue hardship” on the business. Other provisions also allow refusal of services related to emergency contraception and certain health care services. The law, which passed the Senate in February and the House in March, goes into effect in July.

(ENACTED) OKLAHOMA: In April, Gov. Brad Henry (D) signed a measure that allows medical providers and institutions to refuse to provide abortion services, except when necessary to protect the woman’s life, if the refusal is based on moral or religious beliefs. Contraception is specifically excluded from the definition of abortion. Medical institutions may refuse to provide personnel or facilities for abortion services, except in the case of life endangerment. The measure is identical to language that was enacted in 2008 and subsequently struck down on procedural grounds by a state court. The bill, which passed both chambers of the legislature in March, went into effect when signed.

Allowing Insurers to Refuse

Introduced in 5 states

Allowing Pharmacists or Pharmacies to Refuse

Introduced in 12 states

Bill Status:

Passed at least one chamber in MO

Enacted in ID

MISSOURI: In May, the House adopted a provision that would allow pharmacies to refuse to provide abortion services or emergency contraception. The provision was ultimately removed by a conference committee.

(ENACTED) IDAHO: In March, Gov. C.L. Otter (R) allowed a broad refusal clause to go into effect without his signature. The new law permits pharmacists to refuse to provide certain services, including medication abortion services, if the refusal is based on moral, religious or ethical objections. In the case of a life-threatening situation, the medical provider must provide the service if no other provider is available. Employers are also required to “reasonably accommodate” an employee’s refusal as long as it does not cause an “undue hardship” on the business. Other provisions also allow refusal of services related to emergency contraception and certain health care services. The law, which passed the Senate in February and the House in March, goes into effect in July.

Allowing Facilities to Refuse

Introduced in 7 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 10 states

Bill Status:

Enacted in ID

(ENACTED) IDAHO: In March, Gov. C.L. Otter(R) allowed a broad refusal clause to go into effect without his signature. The new law permits health care providers to refuse to provide services related to 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 must provide the service if no other provider is available. Employers are also required to “reasonably accommodate” an employee’s refusal as long as it does not cause an “undue hardship” on the business. Other provisions also allow refusal of services related to abortion and certain health care services. The law, which passed the Senate in February and the House in March, goes into effect in July.

Allowing Insurers to Refuse

Introduced in 5 states

Allowing Pharmacies to Refuse

Introduced in 5 states

Bill Status:

Passed at least one chamber in MO

MISSOURI: In May, the House adopted a provision that would allow pharmacies to refuse to provide abortion services or emergency contraception. The provision was ultimately removed by a conference committee.

Allowing Pharmacists to Refuse

Introduced in 11 states

Bill Status:

Enacted in ID

(ENACTED) IDAHO: In March, Gov. C.L. Otter(R) allowed a broad refusal clause to go into effect without his signature. The new law permits pharmacists to refuse to provide services related to 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 must provide the service if no other provider is available. Employers are also required to “reasonably accommodate” an employee’s refusal as long as it does not cause an “undue hardship” on the business. Other provisions also allow refusal of services related to abortion and certain health care services. The law, which passed the Senate in February and the House in March, goes into effect in July.

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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 10 states

Bill Status:

Enacted in ID

(ENACTED) IDAHO: In March, Gov. C.L. Otter (R) allowed a broad refusal clause to go into effect without his signature. The new law permits health care providers to refuse to participate in activities related to stem cell research or treatment or end-of-life care, if the refusal is based on religious, moral or ethical objections. In the case of a life-threatening situation, the medical provider must provide the service if no other provider is available. Employers are also required to “reasonably accommodate” an employee’s refusal as long it does not cause an “undue hardship” on the business. Other provisions also allow refusal of services related to abortion and emergency contraception. The law, which passed the Senate in February and the House in March, goes into effect in July.

Allowing Insurers to Refuse

Introduced in 5 states

Allowing Pharmacists or Pharmacies to Refuse

Introduced in 11 states

Bill Status:

Enacted in ID

(ENACTED) IDAHO: In March, Gov. C.L. Otter (R) allowed a broad refusal clause to go into effect without his signature. The new law permits pharmacists to refuse to participate in activities related to stem cell research or treatment or end-of-life care, if the refusal is based on religious, moral or ethical objections. In the case of a life-threatening situation, the medical provider must provide the service if no other provider is available. Employers are also required to “reasonably accommodate” an employee’s refusal as long it does not cause an “undue hardship” on the business. Other provisions also allow refusal of services related to abortion and emergency contraception. The law, which passed the Senate in February and the House in March, goes into effect in July.

Allowing Facilities to Refuse

Introduced in 7 states

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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 and MO

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 billwould also criminalize assisting a minor seeking an abortion without parental consent. No further action is expected since the legislature has adjourned its regular session.

MISSOURI: In March, the House passed a measure that would require a health care provider to notify the prosecutor’s office if a minor seeks an abortion without a court order. Notification would be mandatory even if the minor was accompanied by a parent. Providers would also be required to maintain a fetal tissue sample from the procedure. The bill also contains provisions regarding abortion counseling, fetal pain and coerced abortion. 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 7 states

Bill Status:

Passed at least one chamber in AZ

ARIZONA: In May, Gov. Jan Brewer (R) signed into law a measure that allows a parent to make health care decisions for a child and access a minor’s medical records, although the measure does not contain penalties for violating the law. In the final version of the measure, the legislature removed a provision that would have repealed the statute affirming a minor’s right to consent to the diagnosis and treatment of STIs and a provision that would have required parental consent for contraceptive prescriptions. The bill, which passed the Senate in March and the House in April, goes into effect in July.

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Sex Education

Click here for current status of state policy

Introduced in 27 states

Bill Status:

Passed at least one chamber in MI and MS

Enacted in WI

LOUISIANA: In May, the House defeated a measure that would have required comprehensive sex education in schools. The bill would have mandated sex education in grades 4–12 and would have required that sex education be medically accurate and age-appropriate and include information about both abstinence and contraception. 

MICHIGAN: In March, the House adopted a measure that would revise the state’s sex education law. The bill, which would require that if sex education is provided, it must be medically accurate, defines the term medically accurate and requires education to include information on contraception. Current law does not require contraceptive education and states that sex education “shall not be medically inaccurate,” but does not define the term. The measure is awaiting action in the Senate.

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. No further action is expected since the legislature has adjourned its regular session.

(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.

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