Advancing Sexual and Reproductive Health and Rights
 

Monthly State Update:
MAJOR DEVELOPMENTS IN 2008

(as of 2/01/2008)

This update provides information on legislation, as well as relevant executive branch actions and judicial decisions in states across the country. For each of the topics listed below, the number of states in which legislation has been introduced is given, as are the names of the states in which subsequent action has been taken. Detailed summaries are provided for legislation that has been passed by at least one house of a legislature and for major court decisions; actions for the current month are in bold. For an archive of previous monthly updates, click here.  

As of the beginning of February, legislatures in 36 states (AK, AZ, CA, CO, DE, GA, HI, ID, IL, IN, IA, KS, KY, ME, MD, MA, MI, MS, MO, NE, NH, NJ, NM, NY, OH, PA, RI, SC, SD, TN, UT, VT, VA, WA, WV and WI) were in regular session.  Eight state legislatures (AL, CT, FL, LA, MN, NC, OK and WY) have not yet convened their regular sessions. Six state legislatures (AR, MT, NV, ND, OR and TX) will not meet in regular session in 2008.

 

Jump to actions around:

Abortion

Abortion Bans to Replace Roe

'Choose Life' License Plates

Crisis Pregnancy Centers/Alternatives to Abortion

Fetal Pain

Mandatory Counseling and Waiting Periods

Medical Emergency Exception in Abortion Law

Medication Abortion

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

Prohibiting Forcing a Woman to Have an Abortion

Protecting Access to Abortion
Protecting Access to Clinics

Public Funding of Abortion

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

State Participation in Abortion
Stem-Cell and Embryo Research

Targeted Regulation of Abortion Providers
See Also:

Contraception and Prevention: Abortion-Related Restrictions on State Family Planning FundsFetal Assault
Refusal Clauses: Abortion Services (See also General Medical Services)

Contraception & Prevention
Abortion-Related Restrictions on State Family Planning Funds
Contraceptive Coverage
Emergency Contraception

HPV: Insurance Coverage

HPV: School Entry Requirements

Parental Involvement

Requiring Pharmacists or Pharmacies to Dispense Contraception

State Medicaid Family Planning Eligibility Expansions
See Also:

Youth: Child Abuse Reporting
Refusal Clauses: Contraceptive Services (See also General Medical Services)

 

Pregnancy & Birth

Fetal Assault

HIV Testing of Infants and Pregnant Women

Infant Abandonment

Infertility Coverage

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 6 states

Bill Status:

Passed at least one chamber in TN

TENNESSEE: In January, the Senate passed a measure that would amend the state constitution to explicitly not protect a woman’s right to an abortion. The bill is awaiting action in the House.

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

Click here for current status of state policy

Introduced in 0 states

ARIZONA: In January, a federal appeals court judge ordered the state to issue “Choose Life” license plates as an option for motorists in the state. The case was filed by the Arizona Life Coalition, Inc., whose application for the license plates had been denied.  The license plates are awaiting approval from the Arizona License Plate Commission.

MISSOURI: In January, a district court judge ordered the state to issue “Choose Life” license plates as an option for motorists in the state. The lawsuit was brought by Choose Life of Missouri, Inc., whose application for “Choose Life” license plates had been denied.  The attorney general has not decided if the state will appeal.

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Crisis Pregnancy Centers/Alternatives to Abortion

Introduced in 5 states

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Fetal Pain

Click here for the current status of state policy

Introduced in 6 states (These bills overlap with bills in the Mandatory Counseling and Waiting Period category.)

Bill Status:

Passed at least one chamber in IN

INDIANA: In January, the Senate adopted a measure that would require that a woman seeking an abortion be told that there is “differing” medical evidence on when a fetus feels pain. The measure, which would require that an abortion provider have admitting privileges at a nearby hospital, also would amend the abortion counseling statute to include a statement that human life begins at fertilization, plus information on adoption and the risks of abortion. The bill is awaiting action in the House.

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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 17 states

Bill Status:

Passed at least one chamber in IN and SD

INDIANA: In January, the Senate adopted a measure that would amend the state’s abortion counseling statute to require that a woman seeking an abortion be told that human life begins at fertilization. In addition, the bill would also require that a woman seeking an abortion be told about adoption, the risks of abortion to the woman’s physical health and the purported ability of a fetus to feel pain. The bill, which is awaiting action in the House, would also require an abortion provider to have admitting privileges at a nearby hospital.

SOUTH DAKOTA: In January, both chambers of the legislature adopted similar measures that would require an abortion provider to offer a woman seeking an abortion the opportunity to view an ultrasound image. The Senate-passed version would also require providers to report the number of women who chose to view the image. The measures are awaiting action in the opposite chamber.

 

Requirements for State-Directed Counseling Followed by a Waiting Period

Introduced in 11 states

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Medical Emergency Exception in Abortion Law

Introduced in 4 states

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Medication Abortion

Introduced in 3 states

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Minors Reporting Requirements

Introduced in 3 states

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Parental Involvement in Minors' Abortions

Click here for current status of state policy

Parental Consent Requirements

Introduced in 11 states

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Parental Notification Requirements

Introduced in 9 states

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'Partial-Birth' Abortion

Click here for current status of state policy

Introduced in 11 states

Bill Status:

Passed at least one chamber in MI

MICHIGAN: In January, the Senate passed a measure that would ban “partial-birth” abortions. The measure would allow for civil action to be brought against physicians performing the procedure, but would include an exception for life endangerment. The measure is awaiting action in the House.

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Physician-Only Requirements

Introduced in 2 states

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Postviability Abortion

Click here for current status of state policy

Introduced in 5 states

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Private Insurance Coverage of Abortion

Click here for current status of state policy

Introduced in 5 states

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Prohibiting Forcing a Women to Have an Abortion

Introduced in 8 states

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Protecting Access to Abortion

Introduced in 4 states

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Protecting Access to Clinics

Click here for current status of state policy

Introduced in 3 states

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Public Funding of Abortion for Low-Income Women

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Introduced in 8 states

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Reporting Statistical Information to State Agencies

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Introduced in 7 states

Bill Status:

Passed at least one chamber in SD

SOUTH DAKOTA: In January, the Senate passed a measure that would require providers to report the number of women who have an abortion after choosing to view the ultrasound image. The bill is awaiting action in the House.

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Requiring Abortion Providers to Have Hospital Privileges

Click here for current status of state policy

Introduced in 2 states

Bill Status:

Passed at least one chamber in IN

INDIANA: In January, the Senate passed a measure that would prohibit a physician from performing an abortion unless he or she has admitting hospital privileges at a nearby hospital. The bill is awaiting action in the House.

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State Participation in Abortion

Introduced in 0 states

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Stem-Cell and Embryo Research

Introduced in 15 states

Bill Status:

Passed at least one chamber in NM

NEW MEXICO: In January, the Senate passed a measure that would allow stem cell research and ban human cloning.  No further action is expected since the legislature has adjourned its regular session.

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Targeted Regulation of Abortion Providers

Introduced in 10 states

Bill Status:

Passed at least one chamber in IN and VA

INDIANA: In January, the Senate adopted a measure that would require abortion providers to have admitting privileges at a hospital within or adjacent to the county in which the abortion is performed. The measure also would amend the abortion counseling statute to include information on adoption, the risks of abortion, the potential of a fetus to feel pain and a statement that human life begins at fertilization. The bill is awaiting action in the House.

VIRGINIA: In January, the House passed a measure classifying facilities that provide 25 or more first-trimester abortions a year as ambulatory surgical centers, which would subject them to increased regulation by the state. The measure is awaiting action in the Senate.

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CONTRACEPTION & PREVENTION

See also:

REFUSAL CLAUSES
YOUTH: Child Abuse Reporting

Abortion-Related Restrictions on Family Planning Funds

Click here for current status of state policy

Introduced in 5 states

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Contraceptive Coverage Mandates

Click here for current status of state policy

Introduced in 5 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 8 states and Washington DC
Bill Status:

Passed at least one chamber in WI

PENNSYLVANIA: A new state regulation effective in January requires a hospital to provide a woman who has been sexually assaulted with information on emergency contraception; the hospital must also dispense the medication upon her request. While the rule permits a hospital to refuse to provide the medication for religious or moral reasons, it must immediately transport the woman to the nearest medical facility that will provide her with the medication.

WISCONSIN: In January, the Assembly adopted a measure that would require that a woman who has been sexually assaulted receive medically accurate and unbiased information on emergency contraception and the medication upon request. The hospital would not be required to provide the medication if the woman has a positive pregnancy test. The measure is awaiting action in the Senate.

 

Allowing Pharmacists to Provide Emergency Contraception without a Prescription

Introduced in 1state

 

Expanding Access to Emergency Contraception

Introduced in 2 states

 

Restricting Access to Emergency Contraception

Introduced in 2 states

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Requiring Pharmacists or Pharmacies to Dispense Contraception

Introduced in 5 states

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HPV: Insurance Coverage

Introduced in 5 states

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HPV Vaccine: Required for School Entry

Introduced in 3 states

Bill Status:

Passed at least one chamber in VA

VIRGINIA: In January, the House adopted a measure that would push back the effective date for the requirement that girls receive the HPV vaccine before entering middle school from October 1, 2008 to July 1, 2010. The measure is awaiting action in the Senate.

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Parental Involvement Requirements for Minors Seeking Contraceptive Services

Click here for current status of state policy

Introduced in 2 states

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State Medicaid Family Planning Eligibility Expansions

Click here for current status of state policy

Introduced in 1 state

Bill Status:

Passed at least one chamber in CO

COLORADO: In January, the Senate adopted a measure clearing the way for the state to seek federal permission to expand Medicaid eligibility for family planning services.  While the bill does not include a specific income ceiling, the fiscal note accompanying the bill, written by Colorado Legislative Council staff, indicates that the state agency administering Medicaid “expects” to seek to raise the ceiling to 200% of the federal poverty level. The measure is awaiting action in the House.

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PREGNANCY & BIRTH

See also:

REFUSAL CLAUSES

Fetal and Pregnant Woman Assault

Introduced in 11 states

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HIV Testing of Infants and Pregnant Women

Introduced in 5 states

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Infant Abandonment

Click here for current status of state policy

Introduced in 10 states

Bill Status:

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Infertility Coverage

Introduced in 14 states

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Stillborn Certificates

Introduced in 3 states

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Substance Abuse During Pregnancy

Click here for current status of state policy

Introduced in 14 states

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REFUSAL CLAUSES

Establishing the Right to Refuse to Provide Abortion Services

Click here for current status of state policy

Allowing Health Professionals to Refuse

Introduced in 5 states

Allowing Insurers to Refuse

Introduced in 3 states

Allowing Pharmacists to Refuse

Introduced in 8 states

Bill Status:

Passed at least one chamber in IN

INDIANA: In January, the Senate adopted a measure that would allow a pharmacist to refuse to dispense or sell any drug the pharmacist “believes” would cause an abortion. The measure is awaiting action in the House.

Allowing Facilities to Refuse

Introduced in 3 states

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Establishing the Right to Refuse to Provide Contraceptive Services

Click here for current status of state policy

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

 

Allowing Health Professionals to Refuse

Introduced in 4 states

Allowing Insurers to Refuse

Introduced in 3 states

Allowing Pharmacies to Refuse

Introduced in 3 states

Allowing Pharmacists to Refuse

Introduced in 7 states

Bill Status:

Passed at least one chamber in IN

INDIANA: In January, the Senate adopted a measure that would allow a pharmacist to refuse to dispense or sell any drug the pharmacist “believes” would cause an abortion. The use of the term “believes” may allow a pharmacist to also refuse to dispense or sell hormonal contraceptive methods. The measure is awaiting action in the House.

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Establishing the Right to Refuse to Provide Medical Care in General

Click here for current status of state policy

Allowing Health Professionals to Refuse

Introduced in 4 states

Allowing Insurers to Refuse

Introduced in 3 states

Allowing Pharmacists to Refuse

Introduced in 5 states

Allowing Facilities to Refuse

Introduced in 3 states

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YOUTH

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

Child Abuse Reporting

Introduced in 2 states

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Minors Access to Reproductive Healthcare

Click here for current status of state policy

Introduced in 2 states

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Sex Education

Click here for current status of state policy

Introduced in 16 states

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