Advancing Sexual and Reproductive Health and Rights
 

Monthly State Update:
MAJOR DEVELOPMENTS IN 2012

(as of 05/01/2012)

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 May, legislatures in 28 states (AL, AZ, CA, CO, CT, DE, HI, IL, IA, KS, LA, ME, MA, MI, MN, MS, MO, NH, NJ, NY, NC, OH, OK, PA, RI, SC, TN and VT) and the District of Columbia were in regular session. Eighteen state legislatures (AK, AR, FL, GA, ID, IN, KY, MD, NE, NM, OR, SD, UT, VA, WA, WV, WI and WY) have adjourned. Four state legislatures (MT, NV, ND, and TX) will not meet in regular session in 2012.

For a state-by-state chart of legislation enacted in 2012, click here .

 

Abortion

Adolescents

Contraception & Prevention

Pregnancy & Birth

Refusal Clauses

Reproductive Health and Environmental Hazards

 

ABORTION

Abortion Bans to Replace Roe

Click here for current status of state policy

Introduced in 17 states

Bill Status:

Passed at least one chamber in MS, OK and VA

MISSISSIPPI: In April, the House passed a measure that would prohibit abortion if the fetal heartbeat can be detected, except in cases of life endangerment, rape or incest. The bill died in the Senate.

MISSISSIPPI: In March, the House passed a measure that would ban abortion after a fetal heartbeat is detected. The bill would require women seeking an abortion to undergo an examination to determine if the fetal heartbeat is present. If a heartbeat is detected, the woman would be required to undergo counseling on “the statistical probability of bringing the unborn human individual to term.” The bill contains an exception for cases of life endangerment or risk of “substantial and irreversible impairment” to physical health. The bill missed a procedural deadline in the Senate and can no longer be considered.

OKLAHOMA: In April, the House defeated a measure that could have potentially restricted women’s access to birth control and abortion services by changing the definition of “person” in the Oklahoma public health code to apply to “all unborn children or the offspring of human beings from the moment of conception until birth.” The bill had passed the Senate in February.

OKLAHOMA: In April, the Oklahoma Supreme Court blocked a ballot initiative to amend the constitutional definition of “person” to include “every human being…from the beginning of biological development to natural death.” The court held that the initiative was designed to ban abortion, which would be unconstitutional under rulings of the U.S. Supreme Court.

VIRGINIA: In February, a Senate committee defeated a bill that could have potentially restricted women’s access to birth control and abortion services by redefining the word “person” throughout Virginia law to include “any unborn child or children or the offspring of human beings from the moment of conception until birth.”

Return to the Top

 

Abortion Clinic Regulation

Requiring All or Some Abortion Providers to Have Hospital Privileges

Click here for current status of state policy

Introduced in 10 states

Bill Status:

Passed at least one chamber in IN and TN

Enacted in AZ and MS

(ENACTED) ARIZONA: In April, Gov. Jan Brewer (R) signed an omnibus abortion measure, which includes a provision that requires a provider who performs a surgical abortion to have admitting privileges at a hospital within 30 miles of the abortion facility. Current law requires an abortion provider to have admitting privileges at a hospital in the state. The bill, which also includes provisions on clinic regulations, limits on abortion at a specific gestational age, ultrasound, medication abortion and abortion counseling, goes into effect later this year.

INDIANA: In February, the Senate passed a measure that would require all medication abortion providers to have hospital privileges at a hospital that is in the same county as the abortion clinic or in an adjacent county to handle complications from an abortion. The bill also contains provisions on abortion counseling and medication abortion. No further action is expected since the legislature has adjourned its regular session.

(ENACTED) MISSISSIPPI: In April, Gov. Phil Bryant (R) signed a measure that requires an abortion provider associated with an abortion facility to have admitting privileges at a local hospital. The bill also requires abortion providers to be certified in obstetrics and gynecology or eligible for such certification. The new law goes into effect in July.

TENNESSEE: In April, the Senate adopted a measure that would require an abortion provider to have admitting privileges at a hospital located in the same county as the abortion facility or in an adjacent county. The bill is awaiting action by Gov. Bill Haslam (R).

Return to the Top

 

Targeted Regulation of Abortion Providers

Introduced in 14 states

Bill Status:

Passed at least one chamber in FL

Enacted in AZ

Vetoed in MN

(ENACTED) ARIZONA: In April, Gov. Jan Brewer (R) signed an omnibus abortion measure, which includes a provision that requires the state to revise abortion clinic regulations. The revisions include rules on follow-up procedures after a medication abortion, reporting of serious injuries and new penalties for noncompliance. The bill, which also includes provisions on hospital admitting privileges for abortion providers, limits on abortion at a specific gestational age, ultrasound, medication abortion and abortion counseling, goes into effect later this year.

FLORIDA: In March, the House adopted an omnibus abortion bill that would require the owner of an abortion clinic to be a physician who has received abortion training. The provision would have applied only to abortion facilities licensed after July 1, 2012. The bill, which would have also amended Florida law regarding limits on abortion at a specific gestational age, “partial-birth” abortion, postviability abortion, abortion counseling, waiting periods and abortion reporting, died at the end of the regular session.

MINNESOTA: In April, Gov. Mark Dayton (D) vetoed a measure that would have regulated facilities that provide at least 10 abortions per month, but not other similar outpatient health care facilities. The bill passed the House and Senate in April.

Return to the Top

 

Crisis Pregnancy Centers

''Choose Life' License Plates

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

Introduced in 7 states

Bill Status:

Enacted in AK

(ENACTED) ALASKA: In March, Gov. Sean Parnell (R) signed into law a measure that authorizes the production of “Choose Life” license plates. Funds raised by the sale of these plates shall be distributed by the legislature to programs that support adoption. The law is in effect.

Return to the Top

 

Regulation of Crisis Pregnancy Centers

Introduced in 7 states

Bill Status:

Enacted in SD

(ENACTED) SOUTH DAKOTA: In March, Gov. Dennis Daugaard (R) signed into a law a measure that would amend state abortion counseling requirements enacted in 2011 that never went into effect because of a court order. The new law would require that abortion counseling include information on any research showing that some women (based on their “physical, psychological, demographic or situational” characteristics) may be at higher risk of negative mental health outcomes associated with an abortion; the 2011 provision required information on a much broader range of potential negative outcomes. Another provision of the 2011 law required a woman seeking an abortion to visit a crisis pregnancy center approved by the state; the new law requires centers to have a licensed medical or mental health professional on staff. The measure goes into effect in July.

Return to the Top

 

State Funding of Alternatives-to-Abortion Services

Introduced in 7 states

Bill Status:

Passed at least one chamber in AK, KS, MI and MO

Enacted in MN

ALASKA: In April, the House adopted a measure that would allocate $200,000 to the creation of a crisis pregnancy center. The measure is currently awaiting action by Gov. Sean Parnell (R).

KANSAS: In March, the Senate passed a measure that would allocate more than $300,000 to fund alternatives-to-abortion services. The bill would also prohibit abortion training in state-run facilities, create a priority system for distributing family planning funds and allocate funds for family planning. The measure is awaiting action in the House.

MICHIGAN: In April, the House passed a measure that would allocate $2 million to provide alternatives to abortion and services for pregnant women. The bill, which would also continue restrictions on family planning funds and allocate funding for family planning services, is awaiting action in the Senate.

MINNESOTA: In April, Gov. Mark Dayton (D) signed a measure that amends the requirements for organizations seeking funding for alternatives to abortion programs. The bill expands eligibility for alternatives to abortion grants to organizations that have had operational programs since 2011 instead of 2005. The measure is currently in effect.

MISSOURI: In March, the House passed a measure that would allocate $1.6 million to provide alternatives-to-abortion services for any pregnant woman at 200% or below of the federal poverty level. The program offers a range of services to a woman during her pregnancy and for one year following birth. The measure, which prohibits the funds from being used for services related to family planning or abortion or from being provided to organizations that offer abortions or abortion referral, is awaiting action in the Senate.

MISSOURI: In April, the House passed a measure that would require state entities that receive monies from certain federal grants to evaluate whether any of the funds can be diverted to alternatives-to-abortion programs. The bill is currently awaiting action in the Senate.

Return to the Top

 

Insurance Coverage of Abortion

Abortion Coverage in Health Plans Offered Through Health Exchanges

Click here for current status of state policy

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

Bill Status:

Passed at least one chamber in AL and SC

Enacted in SD and WI

ALABAMA: In April, the Senate passed a measure that would ban abortion coverage in the health exchanges that will be established under the federal health care reform law except in cases of life endangerment, rape, incest or ectopic pregnancy. The bill is awaiting action in the House.

SOUTH CAROLINA: In March, the Senate passed a measure that would ban abortion coverage in the health insurance exchange that will be established under the federal health care reform law except in cases of life endangerment, rape or incest. The bill, which also limits abortion coverage in all private health plans, is awaiting action in the House.

(ENACTED) SOUTH DAKOTA: In March, Gov. Dennis Daugaard (R) signed into law a measure that bans abortion coverage in the health insurance exchange that will be established under the federal health care reform law except in cases of life endangerment or possible risk of “substantial and irreversible impairment of a major bodily function.”  The bill, which passed the legislature in February, goes into effect in July.

(ENACTED) WISCONSIN: In April, Gov. Scott Walker (R) signed a measure that bans abortion coverage in the health exchanges that will be established under the federal health care reform law except in cases of life endangerment, rape, incest or possible “grave, long-lasting physical health damage.”  The law is in effect.

Return to the Top

 

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 GA, MO and OK

GEORGIA: In March, the Senate passed a measure that would prohibit the state employees’ health plan from covering abortion except in cases of life endangerment or risk of “substantial or irreversible physical impairment of a major bodily function.” No further action is expected since the legislature has adjourned its regular session.

MISSOURI: In March, the Senate passed a measure that would ensure the rights of individuals to refuse health coverage for abortion without incurring penalties. The measure would also allow insurance purchasers, such as employers, and insurance providers to opt out of providing coverage for abortion care. The bill would also authorize the state Attorney General to protect these rights with regard to the federal health care law. The bill, which also addresses contraceptive coverage, is awaiting action in the Senate.

OKLAHOMA: In April, the Senate passed a measure that would allow an enrollee in a health plan to opt out of abortion or contraceptive coverage if the objection is based on religious beliefs.  The bill, which passed the House in March, is awaiting concurrence.

Return to the Top

 

Public Funding of Abortion for Low-Income Women

Click here for current status of state policy

Introduced in 11 states

Bill Status:

Passed at least one chamber in AK and VA

Enacted in MD

ALASKA: In April, the legislature adopted the the state’s budget bill, which includes a provision that would limit 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, which would supersede the provision in the budget. The bill is awaiting action by Gov. Sean Parnell (R).

(ENACTED) MARYLAND: In April, Gov. Martin O’Malley (D) approved an appropriations bill that would reenact current restrictions limiting public funding of abortion to cases of incest, rape, life or health endangerment and fetal impairment. The bill will go into effect in July.

VIRGINIA: In February, a Senate committee defeated a measure that would have limited coverage of abortion under Medicaid to cases of life endangerment, rape or incest. Currently, Medicaid covers abortion in those circumstances and in cases of fetal impairment.

Return to the Top

 

Requiring Abortion Coverage

Introduced in 2 states

Bill Status:

Passed at least one chamber in WA

WASHINGTON: In February, the House approved a measure that would require health plans that cover maternity care to also cover abortion care unless the purchaser of the health plan opts out of the coverage. The measure is currently awaiting action in the Senate.

Return to the Top

Later Term Abortion

'Partial-Birth' Abortion

Click here for current status of state policy

Introduced in 6 states

Bill Status:

Passed at least one chamber in FL and NH

FLORIDA: In March, the House adopted an omnibus abortion bill that would amend the definition of “partial-birth” abortion to match the federal law. The bill, which would have also amended Florida law regarding clinic regulations, limits on abortion at a specific gestational age, postviability abortion, abortion counseling, waiting periods and abortion reporting, died at the end of the regular session.

NEW HAMPSHIRE: In April, the Senate passed a measure that would prohibit “partial-birth” abortion except when a woman’s life is endangered or when her physical health is in severe jeopardy. The bill requires an abortion provider and another physician who is unaffiliated with the provider to certify that the use of “partial-birth” abortion is necessary to save the woman’s life or protect her physical health. The measure’s definition of “partial-birth” abortion mirrors the federal definition as upheld by the U.S. Supreme Court. The bill, which also includes provisions on reporting requirements for abortions, is awaiting action by Gov. John Lynch (D).

Return to the Top

 

'Postviability' Abortion

Click here for current status of state policy

Introduced in 4 states

BIll Status:

Passed at least one chamber in FL

FLORIDA: In March, the House adopted an omnibus abortion bill that would ban abortion after viability except when a woman’s life is endangered or when there is a serious risk of “substantial and irreversible” impairment to her physical health. A second physician would be required to certify the need for the abortion and the procedure would have had to have been conducted in a hospital. The bill, which would have also amended Florida law regarding clinic regulations, limits on abortion at a specific gestational age, “partial-birth” abortion, abortion counseling, waiting periods and abortion reporting, died at the end of the regular session.

Return to the Top

 

Restricts Abortion After Specific Gestational Age

Click here for current status of state policy

Introduced in 15 states

Bill Status:

Passed at least one chamber in FL, GA and NH

Enacted in AZ

(ENACTED) ARIZONA: In April, Gov. Jan Brewer (R) signed an omnibus abortion measure, which includes a provision that bans abortion at 18 weeks postfertilization (or 20 weeks after the woman’s last menstrual period) except in cases when the procedure is necessary to protect the woman’s life or prevent “substantial and irreversible impairment” to her physical health. The bill, which also includes provisions on hospital admitting privileges for abortion providers, clinic regulations, ultrasound, medication abortion and abortion counseling, goes into effect later this year.

FLORIDA: In March, the House adopted an omnibus abortion bill that would ban abortion after 24 weeks of pregnancy or when a physician determines the fetus to be viable. An abortion would be permitted when a woman’s life is endangered or when there is a serious risk of “substantial and irreversible” impairment to her physical health. A second physician would be required to certify the need for the abortion and the procedure would have had to have been conducted in a hospital. The bill, which would have also amended Florida law regarding clinic regulations, “partial-birth” abortion, postviability abortion, abortion counseling, waiting periods and abortion reporting, died at the end of the regular session.

GEORGIA: In March, the legislature passed a measure that would ban abortion at 20 weeks postfertilization based on an assumption that a fetus can feel pain at that point of development. The bill permits abortions at or beyond 20 weeks postfertilization to protect the woman’s life, avert “substantial and irreversible” damage to her physical health or terminate a pregnancy that has been diagnosed as “medically futile” due to fetal anomaly. The bill, which also contains provisions on abortion reporting requirements, is awaiting action by Gov. Nathan Deal (R). (The bill was signed in early May.)

NEW HAMPSHIRE: In April, the Senate directed the state to study the issues surrounding a potential ban on abortion at 20 weeks postfertilization (or 22 weeks after the woman’s last menstrual period) in an amendment to a House bill that would ban abortion at 20 weeks postfertilization.

Return to the Top

 

Mandatory Counseling and Waiting Periods Before Abortion

State-Directed Counseling

Click here for current status of state policy

Introduced in 14 states

Including:

Information that the fetus can feel pain- 2 states

Information that the fetus is a person- 2 states

Bill Status:

Passed at least one chamber in IN and LA

Enacted in AZ, OK, SD and WI

(ENACTED) ARIZONA: In April, Gov. Jan Brewer (R) signed an omnibus abortion measure, which includes a provision that requires the state to develop counseling materials that include information on coerced abortion and the “possible detrimental psychological effects of abortion.” The bill requires a woman seeking an abortion because of fetal impairment to receive counseling on individuals living with those conditions and the availability of perinatal hospice care if the impairment will be fatal. The bill, which also includes provisions on hospital admitting privileges for abortion providers, clinic regulations, limits on abortion at a specific gestational age, ultrasound and medication abortion, goes into effect later this year.

INDIANA: In February, the Senate passed a measure that would require the state to develop written materials for abortion counseling that include information about fetal development, abortion-related risks, pregnancy-related risks, organizations that can provide assistance and child support. The bill also contains provisions on medication abortion and hospital privileges for providers. No further action is expected since the legislature has adjourned its regular session.

LOUISIANA: In April, the Senate passed a measure that would require a provider to make the fetal heartbeat audible to the woman at least 24 hours before an abortion. The woman could opt not to listen to the heartbeat. Existing law requires a woman to receive abortion counselign at least 24 hours before an abortion. The measure, which also amends the state’s law regarding ultrasound, is awaiting action in the House.

(ENACTED) OKLAHOMA: In April, Gov. Mary Fallin (R) signed a measure that would require abortion providers to attempt to hear the fetal heartbeat if a woman is seeking an abortion at least eight weeks postfertilization (or six weeks after her last menstrual period). The provision contains an exception for medical emergencies. The bill will go into effect in November.

(ENACTED) SOUTH DAKOTA: In March, Gov. Dennis Daugaard (R) signed into a law a measure that would amend state abortion counseling requirements enacted in 2011 that never went into effect because of a court order. The new law would require that abortion counseling include information on any research showing that some women (based on their “physical, psychological, demographic or situational” characteristics) may be at higher risk of negative mental health outcomes associated with an abortion; the 2011 provision required information on a much broader range of potential negative outcomes. Another provision of the 2011 law required a woman seeking an abortion to visit a crisis pregnancy center approved by the state; the new law requires centers to have a licensed medical or mental health professional on staff. The measure goes into effect in July.

TEXAS: In February, a US District Court judge allowed the state's law requiring an ultrasound before an abortion to go into effect. A woman who lives within 100 miles of the abortion facility must obtain the ultrasound at least 24 hours before the abortion, thus requiring her to make two trips to the facility. The provider must give her a detailed verbal description of the image unless she was raped, has a court order waiving parental consent or is ending the pregnancy because of a fetal abnormality. The provider will also offer her the option of viewing the image and listening to the fetal heartbeat.

(ENACTED) WISCONSIN: In April, Gov. Scott Walker (R) signed a measure amending abortion counseling provisions to require that a provider determine whether a woman is being coerced into the abortion. The measure also requires abortion counseling materials to include information on organizations that support victims of domestic violence. The bill, which also prohibits the use of telemedicine to administer medication for abortion and limits provision of medication abortion to physicians, went into effect in April.

Return to the Top

 

Requirements for State-Directed Counseling Followed by a Waiting Period

Click here for current status of state policy

Introduced in 10 states

Including:

Requiring a woman to make two trips to the clinic- 6 states

Bill Status:

Passed at least one chamber in FL, KY and NH

Enacted in UT and VA

FLORIDA: In March, the House adopted an omnibus abortion bill that would require a woman seeking an abortion to receive counseling in person at least 24 hours prior to the procedure, thus requiring her to make two trips to the clinic. The measure also would have expanded the state’s counseling requirements so that any woman seeking an abortion after 19 weeks of pregnancy would receive information on the fetus’s purported ability to feel pain. The bill, which would have also amended Florida law regarding clinic regulations, limits on abortion at a specific gestational age, “partial-birth” abortion, postviability abortion and abortion reporting, died at the end of the regular session.

KENTUCKY: In February, the Senate approved a measure that would require informed consent counseling to be conducted in person, necessitating two trips to the clinic for women seeking abortion care. The bill is currently awaiting action in the House.

NEW HAMPSHIRE: In April, the Senate defeated a bill that would have required 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 counseling would have included information on the specific abortion procedure to be performed, any risks associated with that procedure and any health risks associated with continuation of the pregnancy. The measure would have required that the woman also be given information on abortion alternatives. The bill passed the House in March.

(ENACTED) UTAH: In March, Gov. Gary Herbert (R) approved a measure that requires a woman seeking an abortion to receive informed consent counseling at least 72 hours before obtaining an abortion. Under current law, the waiting period is 24 hours. Women at risk of serious infection may obtain abortion care before the 72-hour waiting period has elapsed. Women may receive informed consent counseling at any location in the state, not just at the clinic. The law goes into effect in May.

(ENACTED) VIRGINIA: In March, Gov. Bob McDonnell (R) signed into law a measure that requires a woman who lives within 100 miles of the abortion facility to obtain an ultrasound at least 24 hours before the abortion, thus requiring her to make two trips to the facility. A woman who lives more than 100 miles away from an abortion provider must obtain an ultrasound at least two hours before the abortion. The bill contains an exception for victims of rape or incest that has been reported to the appropriate authorities. The law, which passed the legislature in February, goes into effect in July.

Return to the Top

 

Medication Abortion

Click here for current status of state policy

Introduced in 11 states

Bill Status:

Passed at least one chamber in IN, MS, MO and OK

Enacted in AZ, TN and WI

Vetoed in MN

(ENACTED) ARIZONA: In April, Gov. Jan Brewer (R) signed an omnibus abortion measure, which includes a provision that requires providers to use the FDA protocol when providing medication abortion; this provision blocks use of newer regimens that are as safe and effective but have fewer side effects and a lower cost. The bill, which also includes provisions on hospital admitting privileges for abortion providers, clinic regulations, limits on abortion at a specific gestational age, ultrasound and abortion counseling, goes into effect later this year.

INDIANA: In February, the Senate passed a measure that would require a physician to examine a patient in person before prescribing medication for abortion, effectively banning telemedicine. The bill also contains provisions on abortion counseling and hospital privileges for providers. No further action is expected since the legislature has adjourned its regular session.

MINNESOTA: In April, Gov. Mark Dayton (D) vetoed a measure that would have prohibited physicians from prescribing medication for abortion remotely through telemedicine. The measure passed the House and Senate in April.

MISSISSIPPI: In March, the House passed a measure that would prohibit physicians from prescribing medication for abortion remotely through telemedicine. The bill would also revise the state’s abortion reporting requirements.The bill missed a procedural deadline in the Senate and is no longer under consideration.

MISSOURI: In April, the Senate passed a measure that would prohibit prescribing medication for abortion remotely through telemedicine. The measure also contains a provision that would permit medication abortion only in abortion facilities and hospitals. The bill, which also includes provisions on physician liability and physician-only requirements, is awaiting action in the House.

OKLAHOMA: In April, the Senate approved a measure that would prohibit a physician from prescribing medication for abortion remotely through telemedicine. The measure is currently awaiting action by Gov. Mary Fallin (R). (The bill was signed in early May.)

OKLAHOMA: In April, the House passed a measure that would exclude any medication to be used for the purpose of inducing an abortion from the expansion of prior authorization for drugs under Medicaid. The measure is awaiting action in a conference committee.

(ENACTED) TENNESSEE: In April, Gov. Bill Haslam (R) signed a measure that changes the effective date of a previously enacted ban on the provision of medication abortion via telemedicine from January 1, 2013 to July 1, 2012.

(ENACTED) WISCONSIN: In April, Gov. Scott Walker (R) signed a measure that prohibits the use of telemedicine to administer medication for abortion and limits provision of medication abortion to physicians. The bill, which also amends the state’s abortion counseling law, went into effect in April.

Return to the Top

 

Parental Involvement in Minor's Abortions

Parental Consent Requirements

Click here for current status of state policy

Introduced in 6 states

Bill Status:

Passed at least one chamber in MI

MICHIGAN: In March, the Senate passed a measure that would require a judge to consider specific criteria to determine if the minor is mature and informed before waiving the state’s parental consent requirement. The measure would also limit a minor’s ability to appeal an unfavorable decision. The bill is currently awaiting action in the House.

Return to the Top

 

Parental Notification Requirements

Click here for current status of state policy

Introduced in 9 states

Return to the Top

 

Physicians

Physician Liability

Introduced in 9 states

Bill Status:

Passed at least one chamber in MO

Enacted in AZ

(ENACTED) ARIZONA: In April, Gov. Jan Brewer (R) signed a measure that would allow a medical professional to withhold information from a woman about her pregnancy that may have resulted in her obtaining an abortion. The bill will go into effect later this year.

LOUISIANA: In March, a U.S. District Court permanently struck down a Louisiana law that had permitted litigation against abortion providers for any “damage” caused by an abortion, even if there is no claim of negligence or malpractice. The Court struck down the law on the grounds that it is unconstitutionally vague and places an undue burden on women seeking abortion care, thereby violating the 14th Amendment.

MISSOURI: In April, the House passed a measure that would require any provider administering medication for abortion to obtain additional insurance to cover potential liability if an infant is born as the result of an incomplete abortion. The bill is awaiting action in the Senate.

MISSOURI: In April, the Senate passed a measure that would require any provider administering medication for abortion to obtain an insurance policy to cover potential liability if an infant is born as the result of an incomplete abortion. The bill, which also includes provisions on medication abortion and a physician-only requirement, is awaiting action in the House.

Return to the Top

 

Physician-Only Requirements for Surgical and Medication Abortion

Click here for current status of state policy

Introduced in 11 states

Bill Status:

Passed at least one chamber in LA and MO

Enacted in MS and WI

LOUISIANA: In April, the Senate passed a measure that would allow only physicians licensed in Louisiana to perform abortions. The measure is currently awaiting action in the House. 

(ENACTED) MISSISSIPPI: In April, Gov. Phil Bryant (R) signed a measure that requires abortion providers who are associated with an abortion facility to be certified in obstetrics and gynecology or eligible for such certification. The bill, which also requires abortion providers to have admitting privileges at a local hospital, goes into effect in July.

MISSOURI: In April, the Senate passed a measure that would allow only physicians to provide and administer mifepristone, one of the two drugs used in a medication abortion. The bill, which also includes provisions on medication abortion and physician liability, is awaiting action in the House.

(ENACTED) WISCONSIN: In April, Gov. Scott Walker (R) signed a measure that limits provision of medication abortion to physicians and prohibits the use of telemedicine to administer medication for abortion. The bill, which also amends the state’s abortion counseling law, went into effect in April.

Return to the Top

 

Prohibiting Coercing a Woman into Having an Abortion

Introduced in 4 states

Bill Status:

Passed at least one chamber in MI and VA

MICHIGAN: In March, the House passed a package of bills relating to coerced abortion. Together, these measures would amend state-mandated counseling procedures by requiring providers to screen patients for evidence of coercion and requiring providers to make available materials on violence against women. Abortion facilities would be required to post a notice informing women that they cannot be coerced into having an abortion. These measures are awaiting action in the Senate.

VIRGINIA: In February, a House committee defeated a bill that would make it a crime for any person to coerce a woman into having an abortion. The measure also enumerates civil penalties for persons accused of coercing a woman into having an abortion. The bill had passed the Senate in February.

Return to the Top

 

Protecting Access

Clinic Access

Click here for current status of state policy

Introduced in 1 state

Return to the Top

 

Ensuring Legal Access to Abortion

Click here for current status of state policy

Introduced in 4 states

Return to the Top

 

Reporting Requirements

Abortion Reporting

Click here for current status of state policy

Introduced in 18 states

Bill Status:

Passed at least one chamber in FL, GA, MS and NH

FLORIDA: In March, the House adopted an omnibus abortion bill that would require the Agency for Health Care Administration to develop an abortion reporting form that includes all the elements from the model developed by the Centers for Disease Control and Prevention. The bill, which would have also amended Florida law regarding clinic regulations, limits on abortion at a specific gestational age, “partial-birth” abortion, postviability abortion and abortion counseling and waiting periods, died at the end of the regular session

GEORGIA: In March, the legislature passed a measure that would revise the state’s abortion reporting requirements for abortions performed at 20 weeks postfertilization. The measure would require providers to report the specific medical diagnosis that necessitated the procedure after that point. The bill, which also limits abortion at or beyond 20 weeks’ gestation to cases of medical emergency or fetal anomaly, is awaiting action by Gov. Nathan Deal (R). (The bill was signed in early May.)

MISSISSIPPI: In March, the House passed a measure that would require abortion providers to report all instances of medication-induced abortion and any “adverse events” from medication abortion to the state. The bill also contains a provision that would prohibit medication for abortion from being prescribed remotely through telemedicine. The bill missed a procedural deadline in the Senate and is no longer under consideration.

NEW HAMPSHIRE: In April, the Senate passed a measure that would create abortion reporting requirements for “partial-birth” abortions. The measure would require providers to report the specific medical diagnosis that necessitated the procedure. The bill, which also bans “partial-birth” abortions except in cases of medical emergency, is awaiting action by Gov. John Lynch (D).

NEW HAMPSHIRE: In April, the Senate requested that the state study the issues surrounding a potential ban on abortion at 20 weeks postfertilization (or 22 weeks after the woman’s last menstrual period), including reporting requirements. This amendment essentially blocks an attempt by the House to ban abortion at 20 weeks postfertilization for the year.

Return to the Top

 

Minors Reporting

Introduced in 4 states

Return to the Top

 

Self-Induced Abortion

Introduced in 1 state

Return to the Top

 

Sex and Race Selection

Introduced in 8 states

Return to the Top

 

State Employee and Facility Participation in Abortion

Introduced in 3 states

Bill Status:

Passed at least one chamber in KS

KANSAS: In March, the Senate passed a measure that would prohibit state employees or state agencies from participating in or facilitating abortion care. The measure would allow medical residents at University of Kansas facilities to obtain optional abortion training, provided that it takes place outside of normal working hours and at a facility that is not funded or operated by the state. The bill would also create a priority system for distributing family planning funds and allocate funds for family planning. The measure is awaiting action in the House.

Return to the Top

 

Tax Credit Program Excludes Organizations That Provide Abortion Services

Introduced in 2 states

ARIZONA: In January, the state agreed not to enforce a provision that prohibits citizens from claiming a tax credit for donations to any organization that “provides, pays for, promotes, provides coverage of or provides referrals for abortions.”  The state’s move is in line with a U.S. District Court judge’s decision to block the tax credit provision from going into effect on the grounds that the law violates constitutionally protected free speech rights.

Return to the Top

 

Ultrasound Requirements

Click here for current status of state policy

Introduced in 18 states

Bill Status:

Passed at least one chamber in ID, KY and LA

Enacted in AZ and VA

(ENACTED) ARIZONA: In April, Gov. Jan Brewer (R) signed an omnibus abortion measure, which includes a provision that requires a woman to undergo an ultrasound 24 hours before receiving an abortion. State law currently requires a woman to receive counseling at the facility at least 24 hours before the abortion, thereby requiring her to make two trips. The bill, which also includes provisions on admitting privileges for abortion providers, clinic regulations, limits on abortion at a specific gestational age, medication abortion and abortion counseling, goes into effect later this year.

IDAHO: In March, the Senate passed a measure that would require a woman to undergo an ultrasound before obtaining an abortion. The measure would also require providers to offer the woman the option to view the ultrasound image, receive a picture of it and listen to the fetal heartbeat. No further action is expected since the legislature has adjourned its regular session.

LOUISIANA: In April, the Senate passed a measure that would require a provider to perform an ultrasound at least 24 hours before an abortion. The provider would also be required to show and describe the ultrasound image to the woman, although she could opt not to view the image. Current law requires a provider to perform an ultrasound two hours before an abortion and offer the woman the option of viewing the image, hearing a description of it and receiving a picture of it. 

KENTUCKY: In February, the Senate approved a measure that would require a woman seeking abortion services to undergo an ultrasound prior to an abortion. The measure contains a provision that would require the ultrasound to be performed by the provider who performs the abortion. The woman would be offered the option of viewing the image and would have to listen to a detailed verbal description of it. The bill is awaiting action in the House.

OKLAHOMA: In March, a state district court judge enjoined an Oklahoma law that required a woman seeking an abortion to undergo an ultrasound prior to the procedure. The measure also required that the provider show and describe the image to the woman. The judge ruled that the law was unconstitutional because it applied only to abortion and not to other medical procedures. The state is expected to appeal the case to the Oklahoma Supreme Court.

TEXAS: In February, a US District Court judge allowed the state's law requiring an ultrasound before an abortion to go into effect. A woman who lives within 100 miles of the abortion facility must obtain the ultrasound at least 24 hours before the abortion, thus requiring her to make two trips to the facility. The provider must give her a detailed verbal description of the image unless she was raped, has a court order waiving parental consent or is ending the pregnancy because of a fetal abnormality. The provider will also offer her the option of viewing the image and listening to the fetal heartbeat.

(ENACTED) VIRGINIA: In March, Gov. Bob McDonnell (R) signed into law a measure that requires a provider to perform an abdominal ultrasound before an abortion. If the ultrasound cannot determine gestational age, the provider must offer the woman the opportunity, which she can refuse, to receive a vaginal ultrasound. A woman living within 100 miles of the facility must obtain the ultrasound 24 hours before the abortion, thus requiring her to make two trips to the facility. A woman who lives more than 100 miles away from an abortion provider must obtain an ultrasound at least two hours before the abortion. The bill contains an exception for victims of rape or incest that has been reported to the appropriate authorities. The law, which passed the legislature in February, goes into effect in July.

Return to the Top

 

ADOLESCENTS

Minors Access to Reproductive Healthcare

Click here for current status of state policy

Introduced in 6 states

Bill Status:

Passed at least one chamber in VA

VIRGINIA: In February, a Senate committee defeated a measure that would have eliminated the requirement that girls receive the HPV vaccination in order to attend middle school. The bill passed the House in January.

Return to the Top

 

Sex Education

Click here for current status of state policy

Introduced in 28 states

Bill Status:

Passed at least one chamber in TN

Enacted in OR and WI

Vetoed in UT

(ENACTED) OREGON: In March, Gov. John Kitzhaber (D) signed a measure that requires that students receive education on teen dating violence. The law goes into effect in January 2013.

UTAH: In March, Gov. Gary Herbert (R) vetoed a measure that would have required school-based sex education to focus exclusively on abstinence. The instruction could not include information on “the use of contraceptive methods or devices,” sex outside of marriage or homosexuality. The bill passed the House in February and the Senate in March.

TENNESSEE: In April, the Senate adopted a measure that would revise the state’s sex education law. The bill would require sex education to “exclusively and emphatically” teach abstinence and provide instruction on the consequences of “non-marital” sex; it would not be permitted to promote any activity that could lead to “non-abstinent behavior.”  Contraception education could be included only if it did not promote sex among unmarried students and informed them that contraception does not eliminate the risk of pregnancy and STIs. The bill would continue the state’s policy of requiring sex education only in school districts with a high teen pregnancy rate and would retain the provision allowing parents to remove their students from the instruction. The bill is awaiting action in the House.

(ENACTED) WISCONSIN: In April, Gov. Scott Walker signed a measure that revises and repeals many of the provisions in the state’s sex education law. The bill repeals the requirements to provide contraception education, strengthens the abstinence education requirements and weakens the requirement that instruction be medically accurate. The law is in effect.

Return to the Top

 

Statutory Rape Reporting

Introduced in 6 states

Bill Status:

Passed at least one chamber in GA and MS

GEORGIA: In March, the legislature passed a measure that would mandate that employees or volunteers of organizations that provide reproductive health services report child abuse. The bill is awaiting action by Gov. Nathan Deal (R).

MISSISSIPPI: In April, the Senate adopted a measure that would require a physician performing an abortion on a minor younger than 14 to provide a tissue sample to the state bureau of investigation and would criminalize assisting a minor seeking an abortion without parental consent. The Senate removed a provision that would have included reproductive health clinic staff and volunteers as mandatory child abuse reporters. The measure, which passed the House in February, is currently awaiting action in a conference committee.

Return to the Top

 

CONTRACEPTION & PREVENTION

Abortion-Related Restrictions on State and Family Planning Funds

Click here for current status of state policy

Introduced in 12 states

Bill Status:

Passed at least one chamber in AZ, IA, KS, MI and NH

ARIZONA: In April, the Senate passed a measure that would establish a priority system for the allocation of family planning funds that would exclude specialized family planning clinics. Under this system, state health facilities would have top priority, followed by hospitals and federally qualified health centers. Rural health clinics and primary health care providers could apply for any remaining funds. The bill would also prohibit the state from contracting with providers or organizations that perform abortions for reasons other than life endangerment, rape or incest. The bill, which passed the House in March, is awaiting action by Gov. Jan Brewer (R).

IOWA: In April, the House amended and passed a bill to require agencies to allocate family planning funds under a three-tiered priority-based system. Under this system, public facilities would have the highest priority, followed by nonpublic facilities that provide primary health care and family planning services. Family planning providers would be allowed to apply for any remaining funds. The measure would also prohibit allocating funds to organizations that perform elective abortions or run facilities that perform such abortions. The bill is in conference committee

KANSAS: In March, the Senate passed a measure that would require state agencies to dispense family planning funds using a priority-based system. Facilities run by health agencies would have the highest priority. Private hospitals and federally qualified health centers could apply for any remaining funds; other types of family planning providers would not be eligible for funding. This provision is identical to one that is currently not in effect because of pending litigation. The bill would also allocate funding for family planning services and alternatives to abortion and prohibit abortion training in state-run facilities. The measure is awaiting action in the House.

MICHIGAN: In April, the Senate passed a measure that would continue a long-standing restriction on family planning funds. None of the funds could be used “to encourage or support abortion services,” including counseling and referral.  The bill, which also allocates specific funding levels for family planning services, is awaiting action in the House.

MICHIGAN: In April, the House passed a measure that would give preference in the allocation of maternal and child health funds to organizations that do not provide abortion services. (The state has a similar system in place for family planning funds.) The bill would also prohibit the use of family planning funds “to encourage or support abortion services,” including counseling and referral. The bill, which would also allocate funding for family planning services and alternatives to abortion, is awaiting action in the Senate.

NEW HAMPSHIRE: In April, the Senate defeated a measure that would have established a four-tiered priority system for the allocation of family planning funds that excludes family planning clinics from eligibility. Under this system, public health organizations would have had the highest priority, followed by nonpublic hospitals, federally qualified health centers, rural health clinics and finally, private medical organizations that focus on primary health services. The bill would also have prohibited allocating funds to organizations that perform elective abortions or run facilities that perform such abortions.

TEXAS: In April, a U.S. district court judge temporarily blocked enforcement of a regulation that would prohibit organizations associated with abortion from participating in the state’s family planning expansion. Within hours, this injunction was overturned by a judge on the U.S. Court of Appeals for the Fifth Circuit. In May, two judges also sitting on the U.S Court of Appeals for the Fifth Circuit reinstated the injunction of the law.

Return to the Top

 

Budget Bills: Family Planning Line Items

Introduced in 18 states

Bill Status:

Passed at least one chamber in HI, KS, MA, MI, MO, SC and VA

Enacted in FL, GA, MN and NY

(ENACTED) FLORIDA: In April, Gov. Rick Scott (R) signed into law a measure that would allocate more than $4 million for family planning services. The bill, which passed the legislature in March, goes into effect in July.

(ENACTED) GEORGIA: In March, Gov. Nathan Deal (R) signed into law a supplemental budget bill that includes funding for family planning. About $40 million is allocated for teenage pregnancy prevention, tobacco use prevention, cancer screening and prevention, and family planning services. The bill also cuts $80,000 from family planning services. The bill, which passed the legislature in February, is in effect.

HAWAII: In March, the House passed a measure that would allocate an unspecified amount of funding for family planning services. The bill is awaiting action in the Senate.

KANSAS: In March, the Senate passed a measure that would allocate funding for the state match needed to receive federal family planning funds under the Title X program, an amount that is similar to funding levels allocated in recent years. The bill also creates a priority system for distributing family planning funds, allocates funds for alternatives-to-abortion services and prohibits abortion training in state-run facilities. The bill is awaiting action in the House.

MASSACHUSETTS: In April, the House passed a measure that would allocate $4.7 million for health services, including family planning services; this is essentially the current funding level. The bill is awaiting action in the Senate.

MICHIGAN: In April, the Senate passed a measure that would allocate nearly $10 million for family planning services and nearly $15 million for the state’s Medicaid family planning expansion. This represents current funding for family planning services and an 8% increase for the Medicaid family planning expansion. The bill, which also restricts family planning funds, is awaiting action in the House.

MICHIGAN: In April, the House passed a measure that would allocate nearly $10 million for family planning services and nearly $15 million for the state’s Medicaid family planning expansion. This would continue the current funding level for family planning services and increase the Medicaid expansion by 8%. The bill, which also would continue restrictions on family planning funds and allocate funds for alternatives to abortion, is awaiting action in the Senate.

(ENACTED) MINNESOTA: In April, Gov. Mark Dayton (D) signed into law a measure that allocates about $1 million in federal Temporary Assistance to Needy Families (TANF) funds for family planning services. The bill, which passed the Senate in March and the House in April, goes into effect in July.

MISSOURI: In April, the Senate passed the state’s budget bill that would allocate about $618 million for a multitude of health services, including family planning services. The bill, which passed the House at a slightly lower funding level, is awaiting concurrence.

(ENACTED) NEW YORK: In April, Gov. Andrew Cuomo (D) signed into law a measure that allocates nearly $26 million for family planning services; this is essentially the current funding level. The law is in effect.

SOUTH CAROLINA: In March, the House passed a measure that would allocate nearly $24 million for family planning services. This allocation represents a $2.6 million cut in funds for family planning. The bill is awaiting action in the Senate.

VIRGINIA: In April, the legislature, as part of a special session, reached concurrence and passed the state’s budget bill that would allocate nearly $48 million for family planning services over the next two years. The bill, which passed the legislature in March, is awaiting action by Gov. Robert McDonnell (R).

Return to the Top

Definitions of Contraception

Introduced in 3 states

Return to the Top

 

Emergency Contraception

Allowing Pharmacists to Provide Emergency Contraception without a Prescription

Click here for current status of state policy

Introduced in 0 states

Return to the Top

 

Emergency Contraception Services for Sexual Assault Victims

Click here for current status of state policy

Introduced in 9 states

Return to the Top

 

Restricting Access to Emergency Contraception

Introduced in 0 states

Return to the Top

 

Insurance Coverage

Contraceptive Coverage

Click here for current status of state policy

Introduced in 12 states

Bill Status:

Passed at least one chamber in AZ, GA, MO, NH and OK

ARIZONA: In April, the legislature passed a bill that would allow a “religiously-affiliated employer” to offer a health plan that does not cover contraceptives based on the religious objections of the employer or a beneficiary. An employee could receive reimbursement for contraceptives prescribed for noncontraceptive, medical purposes. The bill would define “religiously-affiliated employer” as either a nonprofit that primarily employs and serves individuals that share the nonprofit’s religious beliefs or as an organization that has incorporating documents that clearly state that religious beliefs are “central to the organization’s operating principles.” The bill is awaiting action by Gov. Jan Brewer (R).

GEORGIA: In March, the Senate passed a measure that would define a “religious employer” and exempt them from the state’s contraceptive coverage mandate. Currently, the state’s contraceptive coverage mandate does not permit any employer to opt out of the coverage. No further action is expected since the legislature has adjourned its regular session.

MISSOURI: In March, the Senate passed a measure that continues current law allowing employers, insurers or employees to be exempt from the state’s contraceptive coverage mandate because of religious objection. The bill would also authorize the state Attorney General to protect these rights with regard to the federal health care law. The bill, which also addresses abortion coverage, is awaiting action in the House.

NEW HAMPSHIRE: In April, the Senate requested that the state study the issue of whether an employer should be allowed to refuse to provide contraceptive coverage. This move essentially blocks an attempt by the House to allow any employer to refuse to provide contraceptive coverage if the objection is based on religious beliefs. Currently, the state’s contraceptive coverage mandate does not permit any employer to opt out of the coverage.

OKLAHOMA: In April, the Senate passed a measure that would allow an enrollee in a health plan to opt out of abortion or contraceptive coverage if the objection is based on religious beliefs. The bill, which passed the House in March, is awaiting concurrence.

Return to the Top

 

HPV Tests and Vaccine Coverage

Introduced in 2 states

Return to the Top

 

Medicaid Family Planning Eligibility Expansions

click here for current status of state policy

Introduced in 7 states

Bill Status:

Enacted in IN and VT

(ENACTED) INDIANA: In February, Gov. Mitch Daniels (R) signed into law a bill that requires the state to apply for a state plan amendment to expand Medicaid family planning services. Individuals are eligible for services if their income is at 133% or below of the federal poverty level. The bill also specifies that abortions or “a drug or device intended to terminate fertilization” would not be covered under this program. 

TEXAS: In April, a U.S. district court judge temporarily blocked enforcement of a regulation that would prohibit organizations associated with abortion from participating in the state’s family planning expansion. Within hours, this injunction was overturned by a judge on the U.S. Court of Appeals for the Fifth Circuit. In May, two judges also sitting on the U.S Court of Appeals for the Fifth Circuit reinstated the injunction of the law.

(ENACTED) VERMONT: In March, Gov. Peter Shumlin (D) signed the state’s budget bill, which requires the commissioner of Vermont Health Access to prepare rules and procedures for the adoption of a state plan amendment for family planning services.

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

Click here for current status of state policy

Introduced in 1 state

Bill Status:

Enacted in ID

(ENACTED) IDAHO: In March, Gov. Butch Otter (R) signed into law a measure that allows a medical practitioner, based on CDC recommendations, to treat a patient’s partner for chlamydia and gonorrhea without having seen the partner. The law goes into effect in July.

Return to the Top

 

Pharmacy or Pharmacist Requirements to Dispense Contraception

Click here for current status of state policy

Introduced in 7 states

WASHINGTON: In February, a U.S. District Court judge found that the state’s regulation that requires pharmacies to fill all valid prescriptions and provide access to emergency contraception could not be enforced against Ralph’s Thriftway (a grocery store with a pharmacy) and two pharmacists. The judge concluded that the regulation violates the U.S. Constitution by impermissibly “targeting religious conduct.” The state is expected to appeal the decision to the U.S. Circuit Courts for the Ninth Circuit.

Return to the Top

 

PREGNANCY & BIRTH

Fetal and Pregnant Woman Assault

Introduced in 14 states

Bill Status:

Passed at least one chamber in CO, NH and TN

COLORADO: In March, the House passed a measure allowing someone to be charged with homicide or assault if their actions cause the injury or death of an “unborn member of the species of homo sapiens.” The bill is awaiting action in the Senate.

NEW HAMPSHIRE: In January, the House passed a measure that would consider a fetus at 24 weeks “of gestation” as a victim of homicide.  The bill would not permit prosecution in cases of medical treatment provided with the consent of the woman or her guardian. The bill is awaiting action in the Senate.

TENNESEE: In April, the legislature passed a measure that would include an embryo or fetus at any point in gestation as a victim of homicide. The existing fetal homicide law does not indicate when in pregnancy the law applies. The bill would exclude actions by a woman and legal medical care. Current law includes an exception for medical care, but not for the woman’s actions. The bill is awaiting action by Gov. Bill Haslam (R).

Return to the Top

 

HIV Testing of Infants and Pregnant Women

Introduced in 5 states

Bill Status:

Passed at least one chamber in DE

Enacted in WV

DELAWARE: In March, the Senate approved a measure that would require a health care provider to offer HIV testing to a pregnant woman whose HIV status is unknown when she enters the third trimester or during labor and delivery.  The woman would be allowed to refuse the test. Currently, a medical provider must offer testing to a pregnant woman in the third trimester if she is deemed to be at high risk for contracting the disease.  The bill is awaiting action in the House.

(ENACTED) WEST VIRGINIA: In April, Gov. Earl Ray Tomblin (D) signed into law a measure that approves a regulation adopted by the Bureau of Public Health. The regulation requires HIV screening of pregnant women in the routine panel of prenatal tests, unless the woman declines. Also, an HIV test can be performed on an infant born to a mother who has not been tested for HIV. The bill, which passed the Senate in February and the House in March, is in effect.

Return to the Top

 

Infant Abandonment

Click here for current status of state policy

Introduced in 10 states

Bill Status:

Enacted in MN and MS

(ENACTED) MINNESOTA: In April, Gov. Mark Dayton (D) signed into law a measure that allows emergency service personnel to accept a relinquished infant who is seven days old or younger. Current law allows a health care provider to accept relinquished infants 72 hours old or younger. The bill, which passed the Senate in March and the House in April, goes into effect in August.

(ENACTED) MISSISSIPPI: In April, Gov. Phil Bryant (R) signed into law a measure that explicitly protects the anonymity of the parent relinquishing a newborn under the state’s infant abandonment statute. The bill, which passed the Senate in March and the House in April, goes into effect in July.

 

Return to the Top

 

Infertility Coverage

Introduced in 10 states

Return to the Top

 

Non-Medical Use of Ultrasound

Introduced in 0 states

Return to the Top

 

Stillbirth Certificates

Introduced in 8 states

Bill Status:

Passed at least one chamber in NM

Enacted in IA

(ENACTED) IOWA: In March, Gov. Terry Brandstad (R) signed into law a measure allowing a parent who loses a fetus after 20 weeks of pregnancy to obtain a certificate of birth resulting in a stillbirth. The new law is in effect.

NEW MEXICO: In February, the Senate passed a measure that would allow a parent who loses a fetus to obtain a certificate of birth resulting in stillbirth. No further action is expected since the legislature has adjourned its regular session.

Return to the Top

 

Substance Abuse During Pregnancy

Click here for current status of state policy

Introduced in 19 states

Bill Status:

Passed at least one chamber in MO

Enacted in CO, KY, OK and VA

(ENACTED) COLORADO: In March, Gov. John Hickenlooper (D) signed into law a measure that prohibits evidence of substance abuse during pregnancy from being used in criminal prosecution if the evidence was discovered through a pregnancy test or prenatal care screening. The bill, which passed the legislature in February, is in effect.

(ENACTED) KENTUCKY: In April, Gov. Steve Beshear (D) signed into law a measure that allocates nearly $1.4 million over two years for substance abuse prevention and treatment for pregnant women. The bill, which passed the legislature in March, goes into effect in July.

MISSOURI: In April, the House passed a measure that would repeal the provision requiring the department of health to coordinate services for women with high-risk pregnancies who have abused illegal substances. The bill is awaiting action the Senate.

(ENACTED) OKLAHOMA: In April, Gov. Mary Fallin (R) signed into law a measure that mandates that the Department of Human Services investigate when a newborn tests positive for controlled substances. The bill, which passed the House in March and the Senate in April, goes into effect in November.

UTAH: In April, the Utah Human Services, Child and Family Services Agency approved regulations that would include exposure to alcohol or other “harmful” substances in utero in the state’s definitions of abuse, neglect and dependency. The regulation is in effect.

(ENACTED) VIRGINIA: In April, Gov. Bob McDonnell signed two measures that amend the state’s law on child abuse reporting. The bills require a health care provider to report to the Department of Social Services any diagnosis of fetal alcohol spectrum disorder or other medical condition caused by exposure to controlled substances during pregnancy. Current law limits reporting of those conditions related to prenatal alcohol and drug exposure within seven days of birth. The provisions go into effect in July.

Return to the Top

 

REFUSAL CLAUSES

Abortion Services

Click here for current status of state policy

Facilities

Introduced in 8 states

Bill Status:

Passed at least one chamber in KS and MO

KANSAS: In March, the House adopted a measure that would expand the state’s refusal clause for abortion and potentially contraception. The bill would allow an individual to refuse to perform, make referrals for or participate in abortion services or services the individual “reasonably believes” would end a pregnancy. Current law permits an individual to refuse to perform or participate in an abortion. The bill would also permit a health care facility to prohibit “the performance, referral for or participation in” abortion services or services that the facility “reasonably believes” would end a pregnancy. Current law allows a hospital to refuse to permit the provision of an abortion. The bill is awaiting action in the Senate.

MISSOURI: In March, the House adopted a measure that would add to the laws that permit health care providers and facilities to refuse to participate in abortion. The bill would permit health care providers, including social workers and health care facility employees, to refuse to participate in, or provide counseling or referral for abortion, contraception and other specific health care services if the objection is based on religious, moral or ethical beliefs. A refusal would not be permitted if a patient’s life was endangered. Currently, the state permits individuals and private and public hospitals to refuse to provide abortion services. The bill is awaiting action in the Senate.

 

Health Professionals

Introduced in 11 states

Bill Status:

Passed at least one chamber in KS and MO

KANSAS: In March, the House adopted a measure that would expand the state’s refusal clause for abortion and potentially contraception. The bill would allow an individual to refuse to perform, make referrals for or participate in abortion services or services the individual “reasonably believes” would end a pregnancy. Current law permits an individual to refuse to perform or participate in an abortion. The bill would also permit a health care facility to prohibit “the performance, referral for or participation in” abortion services or services that the facility “reasonably believes” would end a pregnancy. Current law allows a hospital to refuse to permit the provision of an abortion. The bill is awaiting action in the Senate.

MISSOURI: In March, the House adopted a measure that would add to the laws that permit health care providers and facilities to refuse to participate in abortion. The bill would permit health care providers, including social workers and health care facility employees, to refuse to participate in, or provide counseling or referral for abortion, contraception and other specific health care services if the objection is based on religious, moral or ethical beliefs. A refusal would not be permitted if a patient’s life was endangered. Currently, the state permits individuals and private and public hospitals to refuse to provide abortion services. The bill is awaiting action in the Senate.

 

Insurers

Introduced in 4 states

 

Pharmacists or Pharmacies

Introduced in 8 states

 

 

Return to the Top

 

Contraceptive Services

Click here for current status of state policy

Facilities

Introduced in 6 states

Bill Status:

Passed at least one chamber in KS and MO

KANSAS: In March, the House adopted a measure that would expand the state’s refusal clause for abortion and potentially contraception. The bill would allow an individual to refuse to perform, make referrals for or participate in abortion services or services the individual “reasonably believes” would end a pregnancy. Current law permits an individual to refuse to perform or participate in an abortion. The bill would also permit a health care facility to prohibit “the performance, referral for or participation in” abortion services or services that the facility “reasonably believes” would end a pregnancy. Current law allows a hospital to refuse to permit the provision of an abortion. The bill is awaiting action in the Senate.

MISSOURI: In March, the House adopted a measure that would allow health care providers and facilities to refuse to participate in contraceptive services. The bill would permit health care providers, including social workers and health care facility employees to refuse to participate in, or provide counseling or referral for abortion, contraception and other specific health care services. A refusal would not be permitted if a patient’s life was endangered. The bill is awaiting action in the Senate.

 

Health Professionals

Introduced in 8 states

Bill Status:

Passed at least one chamber in KS and MO

KANSAS: In March, the House adopted a measure that would expand the state’s refusal clause for abortion and potentially contraception. The bill would allow an individual to refuse to perform, make referrals for or participate in abortion services or services the individual “reasonably believes” would end a pregnancy. Current law permits an individual to refuse to perform or participate in an abortion. The bill would also permit a health care facility to prohibit “the performance, referral for or participation in” abortion services or services that the facility “reasonably believes” would end a pregnancy. Current law allows a hospital to refuse to permit the provision of an abortion. The bill is awaiting action in the Senate.

MISSOURI: In March, the House adopted a measure that would allow health care providers and facilities to refuse to participate in contraceptive services. The bill would permit health care providers, including social workers and health care facility employees to refuse to participate in, or provide counseling or referral for abortion, contraception and other specific health care services. A refusal would not be permitted if a patient’s life was endangered. The bill is awaiting action in the Senate.

 

Insurers

Introduced in 3 states

 

Pharmacies or Pharmacists

Introduced in 6 states

Bill Status:

Passed at least one chamber in KS

KANSAS: In March, the House adopted a measure that would expand the state’s refusal clause for abortion and potentially contraception. The bill would allow an individual to refuse to perform, make referrals for or participate in abortion services or services the individual “reasonably believes” would end a pregnancy. Current law permits an individual to refuse to perform or participate in an abortion. The bill would also permit a health care facility to prohibit “the performance, referral for or participation in” abortion services or services that the facility “reasonably believes” would end a pregnancy. Current law allows a hospital to refuse to permit the provision of an abortion. The bill is awaiting action in the Senate.

Return to the Top

 

General Medical Care

Click here for current status of state policy

Health Professionals

Introduced in 6 states

 

Facilities

Introduced in 5 states

 

Insurers

Introduced in 2 states

 

Pharmacists or Pharmacies

Introduced in 4 states

Return to the Top

 

REPRODUCTIVE HEALTH AND ENVIRONMENTAL HAZARDS

Bisphenol A (BPA)

Introduced in 23 states

Bill Status:

Passed at least one chamber in IL and SD

ILLINOIS: In March, the Senate adopted a measure that would ban the use of BPA in reusable bottles and cups for children younger than three. The ban would be applied in two stages. Manufacturers and wholesalers would be barred from selling reusable bottles and cups that contain BPA as of January 2013; this ban would extend to retailers as of January 2014. The bill is awaiting action in the House.

SOUTH DAKOTA: In February, the Senate defeated a measure that would have prohibited the use of Bisphenol-A (BPA) in baby bottles and sippy cups designed for children younger than three. The bill passed the House in February.

Return to the Top

 

Dioxin

Introduced in 2 states

Return to the Top

 

Flame Retardants

Introduced in 9 states

Bill Status:

Passed at least one chamber in AK, NY and WA

ALASKA: In April, the Senate adopted a measure designed to limit the use of flame retardants. The bill would limit the amount of pentabromodiphenyl, octabromodiphenyl and decabromodiphenyl in consumer products, including mattresses, upholstered furniture and the housing that contains electronics. The bill would also allow the state to prohibit the use of flame retardants if the chemical is harmful to public health and the environment and a safer alternative is nationally available. The bill is awaiting action in the House.

NEW YORK: In March, the Assembly adopted a measure that bans the use of a widely used flame retardant (decabromodiphenyl ether) in electronic products, such as computers and televisions, distributed in the state. The ban does not apply to products that have transportation and military uses. The bill is awaiting action in the Senate.

WASHINGTON: In February, the Senate adopted a measure that would limit the amount of a common flame retardant (tris(2-chloroethyl) phosphate) in children’s products. The bill is awaiting action in the House.

Return to the Top

 

Lead

Introduced in 15 states

Bill Status:

Passed at least one chamber in LA and VT

Enacted in NE

LOUISIANA: In April, the Senate adopted a measure that would require some facilities built before 1978, such as schools and day care centers that serve children younger than seven to be tested for lead. The facility is not required to be tested if it has already undergone testing. Test results that exceed acceptable levels would be reported to the state and to the parents of children who use the facility. The bill is awaiting action in the House.

(ENACTED) NEBRASKA: In April, Gov. David Heineman (R) signed a measure that requires children enrolled in Medicaid to be tested for lead. The bill also recommends lead testing for children who live in zip codes that have a high prevalence of children with elevated lead levels or for children who meet state-specified criteria. The bill goes into effect later this year.

VERMONT: In April, the Senate deleted the relevant provisions from a measure that would have amended the state’s law regulating the amount of lead in children’s products. The bill is currently awaiting action in a conference committee.

Return to the Top

 

Mercury

Introduced in 19 states

Bill Status:

Passed at least one chamber in CT, NY and VT

Enacted in OR and WI

CONNECTICUT: In April, the Senate adopted a measure that would require the recycling of mercury-containing thermostats by January 2013. Manufacturers of mercury-containing thermostats would be required to develop collection and recycling programs.  The bill is awaiting action in the House.

NEW YORK: In March, the Assembly adopted a measure that would require manufacturers of mercury-containing thermostats to develop a collection program for the disposal of such thermostats. The bill is awaiting action in the Senate.

(ENACTED) OREGON: In March, Gov. John Kitzhaber (D) signed a measure that limits the amount of mercury in fluorescent lamps.

(ENACTED) WISCONSIN: In April, Gov. Scott Walker (R) signed a measure that prohibits the sale of zinc air button cell batteries, commonly used in hearing aids and cameras, that contain mercury. The law went into effect in April.

Return to the Top

 

Parabens

Introduced in 0 states

Return to the Top

 

Pesticides

Introduced in 5 states

Return to the Top

 

Phthalates

Introduced in 5 states

Return to the Top