Reproductive Choice

May 31, 2011 marked the two year anniversary of the murder of Dr. George Tiller, a reproductive health physician in Wichita, Kansas who provided late-term abortions for women in need. Since Dr. Tiller was killed, states across the country have continued to pass laws aimed at limiting access to this legal medical procedure.

State Anti-Abortion Statutes Enacted Since Death of Dr. Tiller

Alabama:

6/2011 Amends abortion reporting requirements
6/2011 Establishes a certificate of still birth

Alaska:

4/2010 Establishes intrusive abortion reporting requirements
6/2011 Attempts to limit Medicaid abortion coverage to rape, incest and life of mother
6/2011 Bans abortion at/after 20 weeks

Arizona:

7/2009 Requires counseling at clinic and at least 24 hour waiting period before abortion performed
7/2009 Late-term ("partial-birth") abortion ban
7/2009 Parental consent must be notarized
7/2009 Limits abortion provision to physicians
7/2009 Amended state's abortion refusal clause allowing health care providers to refuse to participate in an abortion
7/2009 Established that providers, pharmacists, and hospitals/employees may refuse to provide Plan B or contraceptives that prevent implantation of a fertilized egg
4/2010 Bans or limits abortion coverage in state exchange
4/2010 Limits abortion coverage in the State Employee Plan to life endangerment and severe health
4/2010 Limits state funding to life endangerment, rape and incest
4/2010 Establishes intrusive abortion reporting requirements
5/2010 Grants parents the right to access a minor's medical records and to make health care decisions for a minor
3/2011 Bans abortion for gender or race selection
4/2011 Prohibits use of telemedicine to provide medication-induced abortion
4/2011 Requires an ultrasound before an abortion
4/2011 Requires facilities that provide at least 10 abortions per month meet abortion clinic requirements
4/2011 Prohibits physician assistants from providing abortions
4/2011 Prohibits nurses from providing abortions
4/2011 Prohibits state funds or tuition to pay for abortion training at public universities

Colorado:

3/2010 Continues state family planning funding restrictions
3/2011 Continues state family planning funding restrictions

Florida:

6/2011 Requires an ultrasound before an abortion
6/2011 Limits abortion coverage in state-based health insurance exchanges
6/2011 Amends judicial bypass for minors

Idaho:

3/2010 Abortion refusal clause amended to include additional medical providers
3/2010 Medical providers may refuse to provide family planning and emergency contraception
3/2010 Employer (of provider) must accommodate refusal except when it causes an "undue hardship"
4/2011 Bans abortion at/after 20 weeks
4/2011 Limits abortion coverage in state-based health insurance exchanges
4/2011 Amends abortion reporting requirements
6/2011 Bans abortion at/after 20 weeks

Indiana:

3/2010 Continued restrictions on state abortion funding
4/2011 Requires reporting on abortions for minors
4/2011 Amends abortion reporting requirements
5/2011 Bans abortion at/after 20 weeks
5/2011 Requires counseling to inform the woman that the fetus is a person
5/2011 Requires counseling on "fetal pain"
5/2011 Revises counseling requirements
5/2011 Requires an ultrasound be offered before an abortion
5/2011 Limits abortion coverage in state-based health insurance exchanges
5/2011 Requires abortion providers to have hospital admitting privileges
5/2011 Requires state to develop new regulations on abortion clinics
5/2011 Amends judicial bypass process for minors seeking an abortion
5/2011 Prohibits state from contracting with an abortion provider, except hospitals and abulatory surgery centers for contraception

Iowa:

3/2010 Continues restrictions on state funding
7/2011 Adds counseling requirements prior to procedure
7/2011 Requires the offer of an ultrasound before abortion
7/2011 Limits Medicaid abortion coverage to rape, incest and life of mother

Kansas:

5/2010 Continues funding for alternatives to abortion services**
4/2011 Bans abortion at/after 20 weeks
4/2011 Limits post-viability abortion
4/2011 Revises "Partial-Birth" abortion restriction to mirror federal law
4/2011 Requires abortion counseling to state that abortion ends "the life of a whole, separate, unique, living human being"
4/2011 Requires parental consent for a minor to obtain an abortion
4/2011 Amends judicial bypass process for minors
4/2011 Requires reporting on abortions for minors
4/2011 Amends abortion reporting requirements
4/2011 Requires counseling to inform the woman that the fetus is a person
5/2011 Requires an ultrasound before an abortion
5/2011 Bans use of telemedicine
5/2011 Limits abortion coverage in state-based health insurance exchanges
5/2011 Limits abortion coverage in all private health plans
5/2011 Continues funding alternatives to abortion services**
5/2011 Establishes a priority system to allocate family planning funds
5/2011 Excludes family planning providers from priority system which allocates family planning funds
5/2011 Requires outdated FDA protocol for administration of mifepreistone for medication abortion
5/2011 Requires state to develop new regulations for abortion clinics
5/2011 Requires abortion providers to have hospital admission privileges

Louisiana:

6/2009 Continues funding for alternatives to abortion service**
7/2009 Amended state's abortion refusal clause allowing providers to refuse to participate in an abortion
6/2010 Allows the state to close an abortion clinic for violation of any state or federal law
7/2010 Limits or bans abortion coverage in state-based health insurance exchanges
7/2010 Amends state mandate for ultrasound to require provider to offer description and picture of fetal image
7/2010 Excludes any provider who provides an "elective" abortion after viability from medical malpractice protection
7/2011 Adds counseling requirements prior to procedure
7/2011 Requires clinics to post signs stating a woman cannot be coerced into an abortion

Maryland:

4/2010 Continues restrictions on state funding
5/2011 Continues restrictions on state funding of abortions in Medicaid

Michigan:

10/2009 Continues state family planning funding restrictions
10/2010 Continues state family planning funding restrictions
6/2011 Continues state family planning funding restrictions
10/2011 Revises "Partial Birth Abortion" ban to mirror federal law

Mississippi:

5/2010 Bans or limits abortion coverage in state exchange
3/2011 Requires all schools to provide abstinence-only education; requires state approval for contraception education

Missouri:

6/2009 Continues funding for alternatives to abortion services**
6/2010 Continues funding for alternatives to abortion services**
7/2010 Limits or bans abortion coverage in state-based health insurance exchanges
7/2010 Requires counseling about fetal pain and requires provision of anesthesia for the fetus upon request
7/2010 Requires counseling on when life begins, including printed materials that state "The life of each human being begins at conception," and abortion "ends the life of a separate, unique, living human being."
7/2010 Includes counseling regarding coercion of abortion
6/2011 Continues funding for alternatives to abortion services**
7/2010 Provider must offer ultrasound to each patient seeking an abortion
7/2011 Limits postviability (late-term) abortion

Nebraska:

4/2010 Bans abortions after 20 weeks gestation
4/2010 Requires counseling to possibly include flawed information about "risks associated with complications"
5/2010 Requires provider to offer a woman a list of organizations that perform free ultrasounds
5/2011 Bans use of telemedicine
5/2011 Abortion coverage limited in all private health plans
5/2011 Limits abortion coverage in state-based health insurance exchanges
5/2011 Requires parental consent for minors
5/2011 Amends judicial bypass process for minors
5/2011 Requires reporting on abortions for minors

New Hampshire:

6/2011 Requires parental notification before minor obtains an abortion

New York:

9/2011 Establishes certificate of still birth

North Carolina:

5/2011 Establishes or expands fetal homicide law
6/2011 Limits abortion coverage in state employee health plan
6/2011 Establishes "Choose Life" license plates
6/2011 Prohibits state from contracting with or granting funds to Planned Parenthood
6/2011 Establishes certificate of still birth
7/2011 Establishes abortion counseling followed by a 24 hour waiting period prior to procedure
7/2011 Requires an ultrasound prior to an abortion

North Dakota:

4/2011 Requires counseling to include inaccurate information stating having an abortion increases risk for breast cancer
4/2011 Revises counseling requirements
4/2011 Limits provision to physicians
4/2011 Prohibits use of telemedicine
4/2011 Requires provider to contract a physician with hospital privileges to handle complications
4/2011 Amends judicial bypass process for minors
4/2011 Requires reporting on abortions for minors
4/2011 Amends abortion reporting requirements
5/2011 Requires abstinence before marriage (abstinence only) sex education
5/2011 Requires outdated FDA protocol for administration of mifepreistone for medication abortion

Ohio:

7/2011 Limits postviability (late term) abortion
11/2011 Amends judicial bypass process for minors
12/2011 Limits abortion coverage in state-based health insurance exchanges

Oklahoma:

4/2010 Limits medication-induced abortion to physicians and requires detailed counseling
4/2010 Mandates ultrasound and requires provider to show and describe the image to the woman
4/2010 Prohibits lawsuit if physician's failure to provide information led the woman to continue the pregnancy
4/2010 Requires clinics to post notices that a woman cannot be coerced into an abortion
4/2010 Abortion refusal clause amended to include additional medical providers
4/2010 Abortion refusal clause amended to include additional institutions
4/2010 Employer (of provider) must accommodate refusal except when it causes an "undue hardship"
5/2010 Established intrusive abortion reporting requirements
4/2011 Bans abortion at/after 20 weeks
4/2011 Limits abortion coverage in all private health plans
4/2011 Limits abortion coverage in state-based health insurance exchanges
4/2011 Amends abortion reporting requirements
5/2011 Bans the use of telemedicine

Pennsylvania:

8/2009 Continues funding for alternatives to abortion services**
7/2010 Continues funding for alternatives to abortion services**
6/2011 Continues funding for alternatives to abortion services**
7/2011 Establishes certificate of still birth
12/2011 Requires state to develop new regualtions for abortion clinics

South Carolina:

6/2010 Bans or limits abortion coverage in state employee health insurance plan
6/2010 Extends waiting period between mandatory counseling and obtaining an abortion to 24 hours

South Dakota:

3/2011 Waiting period extended from 24 to 72 hours
3/2011 Requires visit to a crisis pregnancy center before an abortion
3/2011 Requires counseling, including flawed information about "risks associated" with complications
3/2011 Requires in-person counseling for all or some women before an abortion
3/2011 Bans the use of telemedicine

Tennessee:

6/2009 Continues state family planning funding restrictions
4/2010 Requires clinics to post notices that a woman cannot be coerced into an abortion
5/2010 Bans or limits abortion coverage in state-based health insurance exchanges
5/2011 Bans the use of telemedicine
6/2011 Establishes or expands fetal homicide law

Texas:

6/2009 Continues state family planning funding restrictions
6/2009 Continues funding for alternatives to abortion services**
5/2011 Requires in-person counseling for women who live within 100 miles of abortion facility
5/2011 Requires an ultrasound before an abortion
5/2011 Amends abortion reporting requirements
5/2011 Creates "Choose Life" license plates
5/2011 Adds counseling requirements prior to procedure
6/2011 Continues funding for alternatives to abortion services**
6/2011 Continues state family planning funding restrictions
6/2011 Establishes priority system for allocation of family planning funds

Utah:

3/2010 Requires provider to offer to display image and provide description if ultrasound performed before abortion
3/2010 Considers some miscarriages murder
3/2010 Prohibits self-induced abortion
3/2011 Limits abortion coverage in all private health plans
3/2011 Limits abortion coverage in insurance plans offered in the state health exchange
3/2011 Requires state to develop new regulations for abortion clinics
3/2011 Establishes "Choose Life" state license plates
3/2011 Parental consent required for most minors seeking HPV vaccine
3/2011 Permits public and non-religious hospitals and any health clinic to refuse to provide abortion services
3/2011 Permits any hospital or clinic employee to refuse to participate in an abortion
5/2011 Revises counseling requirements

Virginia:

4/2010 Limits state funding to life endangerment, rape and incest
4/2010 Establishes a Pro-Choice license plate, with $15 of the $25 fee going to the Virginia Pregnant Women Support Fund. This fund is run by the Virginia Board of Health which supports predominantly anti-choice programs.
3/2011 Requires state to develop new regulations for abortion clinics
4/2011 Limits abortion coverage in state-based health insurance exchanges

West Virginia:

4/2010 Requires provider to offer the woman the opportunity to view her ultrasound

Wisconsin:

6/2009 Continues funding for alternatives to abortion services**
6/2011 Prohibits state from contracting with abortion providers

** These laws fund programs that include adoption and "stealth" clinics that offer abortion and crisis pregnancy counseling aimed at stopping a woman from having an abortion.

The following states have passed laws protecting the right to choose since the death of Dr. Tiller:

Arizona:

7/2009 Prohibits coercing a woman into having an abortion
7/2009 Establishes criteria for a judge to utilize when considering bypassing the state's parental consent for abortion law

Colorado:

5/2010 Ensures that health insurance plans cover contraception
3/2011 Funds substance abuse treatment for pregnant women

Connecticut:

6/2009 Prohibits non-medical use of ultrasound *

Hawaii:

7/2009 Sex education is required to be medically accurate and include information on contraceptives

Iowa:

5/2011 Expanded Medicaid-based family planning & contraception to include men

Kentucky:

3/2011 Funds substance abuse treatment for pregnant women

Louisiana:

7/2009 Protects a woman's access to abortion when a medical provider refuses to perform the procedure

Maryland:

5/2011 Expanded contraception via Medicaid to be based on income

New Jersey:

5/2011 Requires sex education instruction on dating violence and abusive relationships

North Carolina:

6/2009 Sex education is required to be medically accurate and include information on contraceptives

North Dakota:

4/2010 Prohibits non-medical use of ultrasound *

Oregon:

6/2009 Weakens abstinence requirements in sex education and codifies medically accurate requirements
6/2009 Requires health plans to cover HPV vaccine

South Carolina:

6/2010 Expands state medical coverage (Medicaid) to cover abortion in the case of severe health impairment

Virginia:

3/2011 Requires information on dating violence and abusive relationships when sex education is provided

Washington:

6/2011 Directs state to expand Medicaid family planning income limit from 200% to 250% of federal poverty limit

Wisconsin:

6/2009 Requires health plans that cover prescription drugs must cover contraception
6/2009 Requires a pharmacy to dispense valid Plan B and contraceptive prescriptions
2/2010 Sex education must be medically accurate
2/2010 Sex education must include discussion of contraception

* According to the Society of Obstetricians and Gynecologists of Canada, ultrasounds provided by non-medical providers provide a false sense of security, because the technician is not required to offer information on fetal irregularities or concerns. The US Food and Drug Administration (FDA) has recommended that a fetus should not be exposed to ultrasound for commercial and entertainment purposes. This law is meant to address ultrasounds done in order to determine the gender of the fetus.

Information provided by Guttmacher Institute, Guttmacher Institute