Repro Rights Report

July Update

HIGHLIGHTS 

Delaware HB 316 which was signed by the governor will prohibit discrimination of an employee, or potential employee, based on reproductive health decisions.

See the model legislation, Keep Bosses Out of the Bedroom Act from the Public Leadership Institute’s Playbook for Abortion Rights.

Illinois SB 1564, which amends the Health Care Right of Conscience Act to ensure that patients receive timely access to information and medically appropriate care, passed both chambers and was sent to the Governor.

See the model legislation, Patient’s Right to Abortion Information Act from the Public Leadership Institute’s Playbook for Abortion Rights.

The Columbus City Council unanimously passed an amendment to a disorderly conduct law which implements a 15-foot buffer zone around reproductive health care facilities. 

See the model legislation, Clinic Safety Zone Act from the Public Leadership Institute’s Playbook for Abortion Rights.

South Carolina SB 1035, which bans medication abortion via telemedicine, but also bans prescribing erectile dysfunction medication through telemedicine, was enacted.

See the model legislation, Medical Equity Now (MEN) Act that exposes the hypocrisy of abortion restrictions from the Public Leadership Institute’s Playbook for Abortion Rights.

California SJR 19, which requests that the President and Congress express their support for access to comprehensive reproductive healthcare, including the services provided by Planned Parenthood, and oppose efforts to eliminate federal funding for Planned Parenthood, was adopted.

See the model legislation, Abortion Is Health Care Resolution from the Public Leadership Institute’s Playbook for Abortion Rights.

New Mexico SM 58, which will create a working group that studies the effect of LARCs access, was adopted.

See the model legislation, Long-Acting Birth Control Information Act from the Public Leadership Institute’s Playbook for Abortion Rights

Washington HB 2681, which will require a sticker or sign to be visibly posted in pharmacies in order to increase awareness of the availability of contraceptives, was enacted. Hawaii SB 2319, which will require insurers to cover a twelve-month period of contraception, passed both houses and was signed by the Governor. Maryland SB 848, Illinois HB 5576, and Vermont HB 620 will provide contraceptive equity in insurance coverage all passed both houses and are eligible for the governors’ signature and Maryland HB 1005 doing the same was enacted. 


Legislation to Expand Access to Abortion

California AB 1954, which would prohibit health care plans from requiring a referral in order to receive reproductive or sexual health services, passed the Assembly, passed the Senate Committee on Health and was re-referred to the Senate Committee on Appropriations. Washington HB 1647, which passed the House, but failed, and Washington SB 5574 which passed the first committee, but failed, would have required health insurance policies to cover abortion care. Virginia HB 1225 and SB 183, which would have reversed prohibitions on abortion coverage and allowed all health insurance policies to cover abortion care, both died in committee. Illinois HB 4013, which provides for both Medicaid and private coverage for abortion care, passed the House Committee on Human Services and was referred to the House Committee on Rules. New York AB 3867,  which would require abortion coverage whenever policies include coverage of maternity care or services, was introduced and referred to the Assembly Committee on Insurance. Ohio HB 356, which would provide Medicaid coverage, was referred to the House Committee on Rules and Reference and the House Committee on Community and Family Advancement. Arizona SB 1407, which failed, and Michigan SB 63 and HB 4764, Ohio HB 360, and Rhode Island HB 7467 which were all introduced, would reverse prohibitions to allow all health insurance to cover abortion. 

See the model legislation, Abortion Coverage Equity Act to expand access to abortion through insurance coverage from the Public Leadership Institute’s  Playbook for Abortion Rights.

Arizona HB 2412, which would have allowed the state nursing board to permit qualified nurse practitioners to perform abortions, was introduced but failed in committee.

See the model legislation, Qualified Providers of Abortion Act and Access to Medication Abortion Act from the Public Leadership Institute’s Playbook for Abortion Rights. 

New York AB 3693, which would ensure that abortion training is included in medical residency training, was introduced and referred to the Assembly Committee on Health. 

Washington HB 1403, which failed, would have allowed medication abortion via telemedicine.


Legislation to Protect Clinic Patients and Staff

California AB 2263, which would protect individuals associated with reproductive healthcare by prohibiting entities from publicly posting their home addresses, passed the Assembly, passed the Senate Committee on Judiciary, and was referred to the Senate Committee on Appropriations.  

New Hampshire SB 542, which passed the first committee but failed, would have amended civil and criminal law to prohibit harassment of clinic patients and staff. New York AB 182, which was introduced and referred to the Assembly Committee on Codes, and Pennsylvania SB 1105, which was introduced and referred to the Senate Committee on Judiciary, would amend civil and criminal law to prohibit harassment of clinic patients and staff. 

See the model legislation, Prevent Anti-Abortion Terrorism Act from the Public Leadership Institute’s Playbook for Abortion Rights

Ohio HB 408, which would create a 15-foot buffer zone to protect clinic patients and staff, was introduced and referred to the House Committee on Judiciary.

See the model legislation, Clinic Safety Zone Act from the Public Leadership Institute’s Playbook for Abortion Rights

New York AB 3454, which would define photographing persons entering a reproductive health care services facility as aggravated harassment, was introduced and referred to the Assembly Committee on Codes. 


Legislation to Guarantee Medically Accurate Abortion Care

Washington HB 1787 and SB 5770, which would have prohibited health care facilities from limiting providers’ patient care, both failed. 

See the model legislation, Protect Physician Integrity from Political Interference Act from the Public Leadership Institute’s Playbook for Abortion Rights

Virginia HB 94 and SB 648, which would have allowed women seeking an abortion to decline procedures and restrictions that are not required by evidence-based medicine, both failed. 

See the model legislation, Abortion With Dignity Act from the Public Leadership Institute’s Playbook for Abortion Rights

Washington HB 1787 and SB 5770, which would have prohibited health care facilities from limiting providers’ patient care, both failed.

See the model legislation, Protect Physician Integrity from Political Interference Act from the Public Leadership Institute’s Playbook for Abortion Rights


Legislation restricting crisis pregnancy centers (CPCs)

Arizona HB 2206, which failed, would have required that CPCs provide scientifically accurate information and mandates that CPCs post a notice in English and Spanish stating “this center is not a licensed medical facility.” Arizona HB 2409, which failed, would have required that CPCs be licensed as outpatient treatment centers. Arizona HB 2664, which failed, would have required CPCs to provide clients with a list of reproductive health services they do not provide. Missouri HB 1906, which failed, would have required CPCs to post a notice if they don’t have licensed medical personnel. New York SB 508 which was introduced and referred to the Senate Committee on Health and AB 4055, which was introduced and referred to the Assembly Committee on Health, would both require CPCs to provide some basic information to patients. 

See the model legislation, Truth in Medicine ActPregnancy Center Disclosure Act, and Crisis Pregnancy Center Fraud Prevention Act from the Public Leadership Institute’s Playbook for Abortion Rights.


Legislation to Prevent Employment Discrimination and Interference

New York AB 1142, which passed the Assembly and was referred to the Senate Committee on Insurance, would prohibit discrimination of an employee or potential employee based on reproductive health decisions.

Michigan HB 4716, which was introduced and referred to the House Committee on Commerce and Trade, Missouri HB 1978, which failed, and New York SB 2709, which passed the Senate Committee on Labor and was referred to the Senate Committee on Insurance, would protect employees from employment discrimination based on reproductive health choices. 

See the model legislation, Keep Bosses Out of the Bedroom Act from the Public Leadership Institute’s Playbook for Abortion Rights.


Legislation to expose the hypocrisy of the anti-abortion movement

Kentucky HB 396, Iowa HB 2141, Tennessee HB 1927, and Tennessee SB 2292, which all failed, and South Carolina HB 4544, which passed the first committee, all satirically expose the hypocrisy of the anti-abortion movement by legislating Erectile Dysfunction in the way that abortion is legislated.

See the model legislation, Medical Equity Now (MEN) Act from the Public Leadership Institute’s Playbook for Abortion Rights


Legislation to demonstrate support for abortion rights

New York AB 6221, which would protect access to reproductive health care by codifying abortion rights established in Roe v. Wade, passed the Assembly and was referred to the Senate Committee on Health. Michigan SR 118, Michigan HR 205, New Jersey SCR 78, which passed the Senate and Rhode Island HB 7444 are all resolutions or legislation that confirm the right to abortion services, show support for abortion rights, Roe v. Wade, and Planned Parenthood, or request for the U.S. Congress and the U.S. Department of Justice to investigate violence against reproductive health providers. 

See the model legislation, Abortion Is Health Care Resolution from the Public Leadership Institute’s Playbook for Abortion Rights.


Legislation to Expand Access to Long-acting Reversible Contraception (LARCs)

Missouri HB 2775, which would have allowed the transfer of an unclaimed LARC to another eligible patient, failed. Florida HB 947, which failed, would have expanded access to Long Acting Reversible Contraception (LARCs). Florida SB 1116, and Kansas HB 2586, which both failed, would have expanded access to Long Acting Reversible Contraception (LARCs). 

Since the original funding for the Colorado Family Planning Initiative ended, and the legislature failed to pass HB 15-1194 in May 2015, Colorado Governor John Hickenlooper signed the budget bill, HB 1405 which provides $2.5 million for the Colorado Department of Public Health and Environment to provide LARCs to low income and uninsured women.

Massachusetts SB 2305 is the new text of an appropriations and budget bill taken from Massachusetts HB 4201 and Massachusetts SB 4, which would authorize postpartum LARC insertion coverage if adopted. 

For the model legislation, Long-Acting Birth Control Information Act in order to expand access to LARCs from the Public Leadership Institute’s Playbook for Abortion Rights.


Legislation to expand access Emergency Contraception

Massachusetts HB 4364, the new draft of Massachusetts HB 1278, which would require that victims of sexual assault be given information or receive emergency contraception, was introduced and referred to the House Committee on Ways and Means. Michigan SB 172 which was introduced and referred to the Senate Committee on Health Policy and Michigan HB 4717, which was introduced and referred to the House Committee on Appropriations, would both require medical personnel, police, and colleges to provide information about emergency contraception to survivors of sexual assault. Arizona SB 1407 and Missouri HB 1908, which both failed, and Michigan HB 4218, Michigan SB 736, Ohio SB 101, and Pennsylvania SB 542 would require medical personnel to offer emergency contraception to sexual assault survivors (EC in the ER bills). New York AB 6275 would require public colleges and universities to provide emergency contraception to any student requesting it. Hawaii 2672 which will authorize advanced practice registered nurses to administer emergency contraception was enacted.

See the model legislation, Rape Survivor Information Act from the Public Leadership Institute’s Playbook for Abortion Rights.


Legislation to require pharmacies to stock and dispense contraception

Missouri HB 1907 which failed, would have required pharmacies to stock and dispense contraception. New Jersey AB 2369, which was introduced and referred to the Assembly Committee on Women and Children, requires pharmacies to stock and dispense emergency contraception. 

See the model legislation, Women’s Right to the Pill Act from the Public Leadership Institute’s Playbook for Abortion Rights


Legislation to allow pharmacists to prescribe contraception

California SB 999, New Jersey AB 4030, and New Jersey SB 1073, which would allow pharmacists to dispense self-administered hormonal contraceptives, and District of Columbia B21-707, which would also authorize pharmacists to prescribe and dispense contraceptive supplies and would require insurance coverage of a twelve-month supply of contraception, were introduced.

The following bills would have authorized pharmacists to prescribe and dispense contraceptive supplies, but failed: Hawaii SB 2320, which passed the Senate; Missouri HB 1679, which passed the House; Washington SB 6467, which passed the first committee; Wisconsin AB 968; Missouri HB 1679; and Washington SB 6467, which passed the first committee which passed the House. 


Legislation to ensure coverage for a 12-month supply of contraception

The following bills would require insurance coverage for up to a twelve-month supply of contraception: District of Columbia B21-707 was introduced, California SB 999 passed the Senate and was referred to the Assembly Committee on Appropriations, New Jersey AB 2297 passed the Assembly Committee on Financial Institutions and Insurance, and New Jersey SB 659 passed the Senate Committee on Commerce and was referred to the Senate Committee on Budget and Appropriations, Alaska SB 156 passed the first committee, and Michigan SB 466.  

The following bills would have required insurance coverage for up to a twelve-month supply of contraception, but failed: Colorado HB 1322 passed the House, Washington HB 1647 passed the House, Washington SB 6369 , Washington HB 2465 passed the House and the second committee, Minnesota HB 2606, and Wisconsin SB 724.


Legislation to provide a form of contraceptive equity in insurance coverage

Massachusetts HB 948, which would ensure that insurance policies provide coverage for all types of contraceptive medication and devices, passed the Joint Committee on Financial Services and an extension order was granted until 7/6/2016.

The following bills would ensure that insurance policies provide coverage for all types of contraceptive medication and devices: Ohio HB 132, Vermont HB 620, Alaska HB 345, passed the first committee; Colorado HB 1294, passed the House, New York SB 6013, New York AB 8135 passed the Assembly, Alaska HB 345 passed the Committee on Health and Social Services, Washington HB 1502, Washington SB 5026, Washington SB 6493 failed, and Florida SB 1048 was withdrawn.


Legislation to repeal anti-abortion rights laws

New York AB 6221, which passed the Assembly, would repeal a telemedicine abortion ban.

Virginia HB 43, which failed, and Virginia SB 53, which is pending carryover to 2017, would repeal ultrasound requirements.

Arizona SB 1483, which failed, would have repealed a 24 hour waiting period and Ohio HB 357 would repeal the waiting period and parental notice for abortion. Arizona SB 1476, which failed, would have repealed clinic inspections. New York SB 4432, and Wisconsin SB 701 and HB 916, which both failed, would have repealed existing statutory prohibitions of abortion. Arizona HB 2411, which failed, would have repealed a telemedicine abortion ban. Rhode Island HB 7612 would repeal spousal notice before an abortion procedure. Utah HB 246, which failed, would have repealed the restriction on the use of public funds for contraception and abortion. Kansas HB 2581, which failed, would have repealed the physician-only requirement for abortion. Massachusetts HB 1608 would repeal the requirement that a late-term abortion be performed in a hospital. 

Finally, Wisconsin SB 653 and AB 880, which both failed, were comprehensive bills that would have required physicians to provide medically accurate information, protected employees from discrimination based on reproductive health choices, required contraceptive equity within health coverage, and repealed abortion restrictions. 

See the model legislation, Prevent Political Interference from Delaying Abortion Act from the Public Leadership Institute’s Playbook for Abortion Rights


Other Repro Rights Wins

Court wins

On Monday, June 27, 2016, In Whole Woman’s Health v. Hellersted, the Supreme Court, in a 5-3 opinion, reversed and remanded the judgement of the Fifth Circuit of Appeals which upheld Texas law HB2. This opinion reaffirmed and clarified the “undue burden” standard from Planned Parenthood v. Casey.

Immediately following the Supreme Court ruling, abortion restrictions in Mississippi, Wisconsin, Florida, Indiana, were blocked from going into effect and the Attorney General in Alabama refused to appeal in a case on an admitting privileges law.

On Tuesday, June 21, 2016, a Superior Court Judge in Skagit County, Washington ruled that the largest hospital district must follow the Reproductive Privacy Act 1991 which requires that public hospitals that provide maternity services must also provide the equivalent abortion services. The judge found that while individual providers may opt out of providing abortion services, “the Hospital District must comply with its responsibility under the Reproductive Privacy Act”.

Administrative Wins

On Tuesday, June 21, 2016, the Office for Civil Rights at the United States Department of Health and Human Services rejected a “right of conscience” Weldon Amendment complaint and upheld the California Department of Managed Care. Their investigation concluded that the Weldon Amendment does not extend to health insurance firms that have no moral objection to providing abortion coverage and instead are acting on the request of religious-minded customers.

Food and Drug Administration Approve Updated Label for Mifepristone

On March 30, 2016 the Food and Drug Administration announced an updated label for Mifepristone, the abortion medication, that is more consistent with evidence-based usage that clinicians have been using for years. More information on the label regimen can be found at www.earlyoptionpill.com

According to the National Abortion Federation the new labeling:

  • Increases the gestational age limit for medical abortion eligibility (70 days from 49 days);
  • Allows for a lower dose of mifepristone (200 mg from 600 mg);
  • Changes the misoprostol dose and route of administration (800µg buccal from 400µg oral);
  • Offers more flexibility for advanced practice clinicians as it expands provider eligibility to include all prescribers who are authorized to provide medical abortion care; and
  • No longer requires follow-up to be provided using an in-person clinic visit.

This labeling has the potential to change the landscape of medication abortion policies in the states. Currently 3 states, TexasNorth Dakota, and Ohio require that mifepristone is to be provided in accordance with, prior to yesterday, the outdated FDA protocol. With the new label, these laws should require that the pill is to be provided in accordance with the new guidelines, which are consistent with the evidence-based protocol preferred by medical professionals. Three states, Arkansas, Oklahoma, and Arizona have similar laws that have been enjoined or blocked in the courts.

According to the Guttmacher Institute 37 states have laws that require licensed physicians to perform medication abortion. The new FDA labeling for Mifepristone expands provider eligibility which could include Advanced Practice Clinicians. See the model legislation, Access to Medication Abortion Act from the Public Leadership Institute’s Playbook for Abortion Rights


Repro Rights Report July Wrap Up

Repro Rights Report                    

July 7, 2016 

The Public Leadership Institute (PLI) is a nonprofit, nonpartisan policy and leadership center organized to explore and raise public awareness about key public policy issues of equity and justice and to develop public leaders who will improve the economic and social conditions of all Americans. 


HIGHLIGHTS 

Delaware HB 316 which was signed by the governor will prohibit discrimination of an employee or potential employee, based on reproductive health decisions. 

See the model legislation, Keep Bosses Out of the Bedroom Act from the Public Leadership Institute’s Playbook for Abortion Rights 

Illinois SB 1564, which amends the Health Care Right of Conscience Act to ensure that patients receive timely access to information and medically appropriate care, passed both chambers and was sent to the Governor.

See the model legislation, Patient’s Right to Abortion Information Act from the Public Leadership Institute’s Playbook for Abortion Rights. 

Columbus City Council unanimously passed an amendment to a disorderly conduct law which implements a 15-foot buffer zone around reproductive health care facilities. 

See the model legislation, Clinic Safety Zone Act from the Public Leadership Institute’s Playbook for Abortion Rights.

South Carolina SB 1035, which was enacted, bans medication abortion via telemedicine, but also bans prescribing erectile dysfunction medication through telemedicine was enacted.

See the model legislation, Medical Equity Now (MEN) Act that exposes the hypocrisy of abortion restrictions from the Public Leadership Institute’s Playbook for Abortion Rights. 

California SJR 19, which requests the President and the Congress of the United States to express their support for access to comprehensive reproductive healthcare, including the services provided by Planned Parenthood, and to oppose efforts to eliminate federal funding for Planned Parenthood was adopted. 

See the model legislation, Abortion Is Health Care Resolution from the Public Leadership Institute’s Playbook for Abortion Rights.

New Mexico SM 58, which will create a working group that studies the effect of LARCs access, was adopted.

See the model legislation, Long-Acting Birth Control Information Act from the Public Leadership Institute’s Playbook for Abortion Rights

Washington HB 2681, which will require a sticker or sign to be visibly posted in pharmacies in order to increase awareness of the availability of contraceptives, was enacted. Hawaii SB 2319, which will require insurers to cover a twelve-month period of contraception, passed both houses and is eligible for the Governor’s signature. Maryland SB 848, Illinois HB 5576, and Vermont HB 620  will provide contraceptive equity in insurance coverage passed both houses and are eligible for the governors’ signature and Maryland HB 1005  was enacted.


Legislation to Expand Access to Abortion

California AB 1954, which would prohibit health care plans from requiring a referral in order to receive reproductive or sexual health services, passed the Assembly, passed the Senate Committee on Health and was re-referred to the Senate Committee on Appropriations. Washington HB 1647, which passed the House, but failed, and Washington SB 5574 which passed the first committee, but failed would have required health insurance policies to cover abortion care. Virginia HB 1225 and SB 183, which would have reversed prohibitions on abortion coverage and allowed all health insurance policies to cover abortion care, both died in committee. Illinois HB 4013, which provides for both Medicaid and private coverage for abortion care, passed the House Committee on Human Services and was referred to the House Committee on Rules. New York AB 3867,  which would require abortion coverage whenever policies include coverage of maternity care or services was introduced and referred to the Assembly Committee on Insurance. Ohio HB 356, which would provide Medicaid coverage was referred to the House Committee on Rules and Reference and the House Committee on Community and Family Advancement. Arizona SB 1407, which failed, and Michigan SB 63 and HB 4764, Ohio HB 360, and Rhode Island HB 7467 which were all introduced, would reverse prohibitions to allow all health insurance to cover abortion.  

See the model legislation, Abortion Coverage Equity Act to expand access to abortion through insurance coverage from the Public Leadership Institute’s  Playbook for Abortion Rights. 

Arizona HB 2412, which would have allowed the state nursing board to permit qualified nurse practitioners to perform abortions was introduced but failed in committee.

See the model legislation, Qualified Providers of Abortion Act and Access to Medication Abortion Act from the Public Leadership Institute’s Playbook for Abortion Rights

New York AB 3693 would ensure that abortion training is included in medical residency training was introduced and referred to the Assembly Committee on Health.  

Washington HB 1403 which failed, would have allowed medication abortion via telemedicine.


Legislation to Protect Clinic Patients and Staff

California AB 2263, which would protect individuals associated with reproductive healthcare by prohibiting entities from publicly posting their home addresses, passed the Assembly, passed the Senate Committee on Judiciary, and was referred to the Senate Committee on Appropriations.   

New Hampshire SB 542, which passed the first committee, but failed would have amended civil and criminal law to prohibit harassment of clinic patients and staff. New York AB 182, which was introduced and referred to the Assembly Committee on Codes, and Pennsylvania SB 1105, which was introduced and referred to the Senate Committee on Judiciary, would amend civil and criminal law to prohibit harassment of clinic patients and staff. 

See the model legislation, Prevent Anti-Abortion Terrorism Act from the Public Leadership Institute’s Playbook for Abortion Rights

Ohio HB 408, which would create a 15-foot buffer zone to protect clinic patients and staff was introduced and referred to the House Committee on Judiciary. 

See the model legislation, Clinic Safety Zone Act from the Public Leadership Institute’s Playbook for Abortion Rights

New York AB 3454, which would define photographing persons entering a reproductive health care services facility as aggravated harassment was introduced and referred to the Assembly Committee on Codes.


Legislation to Guarantee Medically Accurate Abortion Care

Washington HB 1787 and SB 5770, which would have prohibited health care facilities from limiting providers’ patient care, both failed. 

See the model legislation, Protect Physician Integrity from Political Interference Act from the Public Leadership Institute’s Playbook for Abortion Rights

Virginia HB 94 and SB 648, which would have allowed women seeking an abortion to decline procedures and restrictions that are not required by evidence-based medicine, both failed.  

See the model legislation, Abortion With Dignity Act from the Public Leadership Institute’s Playbook for Abortion Rights 

Washington HB 1787 and SB 5770, which would have prohibited health care facilities from limiting providers’ patient care, both failed.

See the model legislation, Protect Physician Integrity from Political Interference Act from the Public Leadership Institute’s Playbook for Abortion Rights


Legislation restricting crisis pregnancy centers (CPCs)

Arizona HB 2206, which failed would have required that CPCs provide scientifically accurate information and mandates that CPCs post a notice in English and Spanish stating “this center is not a licensed medical facility.” Arizona HB 2409, which failed would have required that CPCs be licensed as outpatient treatment centers. Arizona HB 2664, which failed, would have required CPCs to provide clients with a list of reproductive health services they do not provide. Missouri HB 1906, which failed, would have required CPCs to post a notice if they don’t have licensed medical personnel. New York SB 508 which was introduced and referred to the Senate Committee on Health and AB 4055, which was introduced and referred to the Assembly Committee on Health, would require CPCs to provide some basic information to patients. 

See the model legislation, Truth in Medicine ActPregnancy Center Disclosure Act, and Crisis Pregnancy Center Fraud Prevention Act from the Public Leadership Institute’s Playbook for Abortion Rights.


 Legislation to Prevent Employment Discrimination and Interference

New York AB 1142, which passed the Assembly and was referred to the Senate Committee on Insurance, would prohibit discrimination of an employee or potential employee, based on reproductive health decisions. 

Michigan HB 4716, which was introduced and referred to the House Committee on Commerce and Trade, Missouri HB 1978, which failed, and New York SB 2709, which passed the Senate Committee on Labor and was referred to the Senate Committee on Insurance, would protect employees from employment discrimination based on reproductive health choices. 

See the model legislation, Keep Bosses Out of the Bedroom Act from the Public Leadership Institute’s Playbook for Abortion Rights


Legislation to expose the hypocrisy of the anti-abortion movement

Kentucky HB 396, Iowa HB 2141, Tennessee HB 1927, and Tennessee SB 2292, which all failed, and South Carolina HB 4544, which passed the first committee, all satirically expose the hypocrisy of the anti-abortion movement by legislating Erectile Dysfunction in the way that abortion is legislated. 

See the model legislation, Medical Equity Now (MEN) Act from the Public Leadership Institute’s Playbook for Abortion Rights


Legislation to demonstrate support for abortion rights

New York AB 6221, which would protect access to reproductive health care by codifying abortion rights established in Roe v. Wade, passed the Assembly and was referred to the Senate Committee on Health. Michigan SR 118, Michigan HR 205, New Jersey SCR 78, which passed the Senate and Rhode Island HB 7444 are resolutions or legislation that confirm the right to abortion services, show support for abortion rights, Roe v. Wade, and Planned Parenthood, or request for the U.S. Congress and the U.S. Department of Justice to investigate violence against reproductive health providers. 

See the model legislation, Abortion Is Health Care Resolution from the Public Leadership Institute’s Playbook for Abortion Rights.


Legislation to Expand Access to Long-acting Reversible Contraception (LARCs)

Missouri HB 2775 which would have allowed the transfer of an unclaimed LARC to another eligible patient, failed. Florida HB 947, which failed, would have expanded access to Long Acting Reversible Contraception (LARCs). Florida  SB 1116, and Kansas HB 2586, which both failed, would have expanded access to Long Acting Reversible Contraception (LARCs).  

Since the original funding for the Colorado Family Planning Initiative ended, and the legislature failed to pass HB 15-1194 in May 2015, Colorado Governor John Hickenlooper signed the budget bill, HB 1405 which provides $2.5 million for the Colorado Department of Public Health and Environment to provide LARCs to low income and uninsured women

Massachusetts SB 2305 is the new text of an appropriations and budget bill taken from Massachusetts HB 4201 and Massachusetts SB 4, which would authorize postpartum LARC insertion coverage if adopted. 

For the model legislation, Long-Acting Birth Control Information Act in order to expand access to LARCs from the Public Leadership Institute’s Playbook for Abortion Rights.


Legislation to expand access Emergency Contraception

Massachusetts HB 4364, the new draft of Massachusetts HB 1278 , which would require that victims of sexual assault be given information or receive emergency contraception, was introduced and referred to the House Committee on Ways and Means. Michigan SB 172 which was introduced and referred to the Senate Committee on Health Policy and Michigan HB 4717 which was introduced and referred to the House Committee on Appropriations, would both require medical personnel, police and colleges to provide information about emergency contraception to survivors of sexual assault. Arizona SB 1407 and Missouri HB 1908, which both failed, and Michigan HB 4218, Michigan SB 736, Ohio SB 101, and Pennsylvania SB 542 would require medical personnel to offer emergency contraception to sexual assault survivors (EC in the ER bills). New York AB 6275 would require public colleges and universities to provide emergency contraception to any student requesting it. 

See the model legislation, Rape Survivor Information Act from the Public Leadership Institute’s Playbook for Abortion Rights.


Legislation to require pharmacies to stock and dispense contraception

Missouri HB 1907 which failed, would have required pharmacies to stock and dispense contraception. New Jersey AB 2369 which was introduced and referred to the Assembly Committee on Women and Children requires them to stock and dispense emergency contraception. 

See the model legislation, Women’s Right to the Pill Act from the Public Leadership Institute’s Playbook for Abortion Rights


Legislation to allow pharmacists to prescribe contraception

California SB 999, New Jersey AB 4030, and New Jersey SB 1073 would allow pharmacists to dispense self-administered hormonal contraceptives and District of Columbia B21-707 would also authorize pharmacists to prescribe and dispense contraceptive supplies and would require insurance coverage of a twelve-month supply of contraception was introduced.

The following bills would have authorized pharmacists to prescribe and dispense contraceptive supplies, but failed: Hawaii SB 2320, which passed the Senate; Missouri HB 1679, which passed the House; Washington SB 6467, which passed the first committee; Wisconsin AB 968 ; and Missouri HB 1679, Washington SB 6467, which passed the first committee which passed the House.


Legislation to ensure coverage for a 12-month supply of contraception

The following bills would require insurance coverage for up to a twelve-month supply of contraception: District of Columbia B21-707 was introduced, California SB 999 passed the Senate, and was referred to the Assembly Committee on Appropriations, New Jersey AB 2297 passed the Assembly Committee on Financial Institutions and Insurance, and New Jersey SB 659 passed the Senate Committee on Commerce and was referred to the Senate Committee on Budget and Appropriations, Alaska SB 156, which passed the first committee, Michigan SB 466.  

The following bills would have required insurance coverage for up to a twelve-month supply of contraception, but failed: Colorado HB 1322 passed the House, Washington HB 1647, which passed the House, Washington SB 6369 , Washington HB 2465 which passed the House, and the second committee, Minnesota HB 2606, and Wisconsin SB 724.


Legislation to provide a form of contraceptive equity in insurance coverage

Massachusetts HB 948, which would ensure that insurance policies provide coverage for all types of contraceptive medication and devices, passed the Joint Committee on Financial Services and an extension order was granted until 7/6/2016.

The following bills would ensure that insurance policies provide coverage for all types of contraceptive medication and devices: Ohio HB 132, Vermont HB 620, Alaska HB 345, passed the first committee; Colorado HB 1294, passed the House, New York SB 6013, New York AB 8135 passed the Assembly, Alaska HB 345 passed the Committee on Health and Social Services, Washington HB 1502, Washington SB 5026, Washington SB 6493 failed, and Florida SB 1048 was withdrawn.


Legislation to repeal anti-abortion rights laws

New York AB 6221, which passed the Assembly, would repeal a telemedicine abortion ban.

Virginia HB 43, which failed and Virginia SB 53, which is pending carryover to 2017, would repeal ultrasound requirements. 

 Arizona SB 1483, which failed, would have repealed a 24 hour waiting period and Ohio HB 357 would repeal the waiting period and parental notice for abortion. Arizona SB 1476 , which failed, would have repealed clinic inspections. New York  SB 4432, and Wisconsin SB 701 and HB 916 which both failed would have repealed existing statutory prohibitions of abortion. Arizona HB 2411 which failed, would have repealed a telemedicine abortion ban. Rhode Island HB 7612 would repeal spousal notice before an abortion procedure. Utah HB 246, which failed would have repealed the restriction on the use of public funds for contraception and abortion. Kansas HB 2581, which failed would have repealed the physician-only requirement for abortion. Massachusetts HB 1608 would repeal the requirement that a late-term abortion be performed in a hospital. 

Finally, Wisconsin SB 653 and AB 880, which both failed, were comprehensive bills that would have required physicians to provide medically accurate information, protected employees from discrimination based on reproductive health choices, required contraceptive equity within health coverage, and repealed abortion restrictions. 

See the model legislation, Prevent Political Interference from Delaying Abortion Act from the Public Leadership Institute’s Playbook for Abortion Rights


Other Repro Rights Wins

Court wins

On Monday, June 27, 2016, In Whole Woman’s Health v. Hellersted,  the Supreme Court, in a 5-3 opinion, reversed and remanded the judgement of the Fifth Circuit of Appeals which upheld Texas law HB2. This opinion reaffirmed and clarified the “undue burden” standard from Planned Parenthood v. Casey.

On Tuesday, June 21, 2016, a Superior Court Judge in Skagit County, Washington ruled that the largest hospital district must follow the Reproductive Privacy Act 1991 which requires public hospitals that provide maternity services to provide the equivalent abortion services. The judge found that while individual providers may opt out of providing abortion services, the “Hospital District must comply with its responsibility under the Reproductive Privacy Act”.

Administrative Wins

On Tuesday, June 21, 2016, the Office for Civil Rights at the United States Department of Health and Human Services rejected a “right of conscience” Weldon Amendment complaint and upheld the California Department of Managed Care. Their investigation concluded that the Weldon Amendment does not extend to health insurance firms that have no moral objection to providing abortion coverage and instead are acting on the request of religious-minded customers.

Food and Drug Administration Approve Updated Label for Mifepristone

On March 30, 2016 the Food and Drug Administration announced an updated label for Mifepristone, medication abortion, that is more consistent with evidence-based usage that clinicians have been using for years. More information on the label regimen can be found at www.earlyoptionpill.com

According to the National Abortion Federation the new labeling:

  • Increases the gestational age limit for medical abortion eligibility (70 days from 49 days);
  • Allows for a lower dose of mifepristone (200 mg from 600 mg);
  • Changes the misoprostol dose and route of administration (800µg buccal from 400µg oral);
  • Offers more flexibility for advanced practice clinicians as it expands provider eligibility to include all prescribers who are authorized to provide medical abortion care; and
  • No longer requires follow-up to be provided using an in-person clinic visit.

This labeling has the potential to change the landscape of medication abortion policies in the states.

Currently 3 states, TexasNorth Dakota, and Ohio require that mifepristone is to be provided in accordance with prior to yesterday, the outdated FDA protocol. With the new label, these laws should require that the pill is to be provided in accordance with the new label, which is consistent with the evidence-based protocol preferred my medical professionals. Three states, Arkansas, Oklahoma, and Arizona have similar laws that have been enjoined or blocked in the courts.

According to the Guttmacher Institute 37 states have laws that require licensed physicians to perform medication abortion. The new FDA labeling for Mifepristone expands provider eligibility which could include Advanced Practice Clinicians. See the model legislation, Access to Medication Abortion Act from the Public Leadership Institute’s Playbook for Abortion Rights


 


131 Proactive Bills Introduced

HIGHLIGHTS

So far during the current legislative sessions, abortion rights legislators have introduced at least 131 proactive bills, as well as 16 others that repeal abortion restrictions. Thirty-six bills have passed at least one committee and 5 bills have been adopted or enacted.


Legislation expanding access to abortion

Washington HB 1647 which passed the House, but failed, and Washington SB 5574 which passed the first committee, but failed would have required health insurance policies to cover abortion care. Virginia HB 1225 and SB 183 would have reversed prohibitions on abortion coverage and allowed all health insurance policies to cover abortion care, but died in committee. Illinois HB 4013, which provides for both Medicaid and private coverage for abortion care, passed the House Committee on Human Services.

See the model legislation, Abortion Coverage Equity Act from the Public Leadership Institute’s Playbook for Abortion Rights



Legislation to Guarantee Medically Accurate Abortion Care

Arizona SB 1445 which will prohibit punishing a health professional for educating or advising a patient about lawful healthcare services passed both chambers and was sent to the Governor’s desk. See the model legislation, Patient’s Right to Abortion Information Act from the Public Leadership Institute’s Playbook for Abortion Rights

 

Washington HB 1787 and SB 5770 which would have prohibited health care facilities from limiting providers’ patient care, both failed. See the model legislation, Protect Physician Integrity from Political Interference Act from the Public Leadership Institute’s Playbook for Abortion Rights

Virginia HB 94 and SB 648 which would have allowed women seeking an abortion to decline procedures and restrictions that are not required by evidence-based medicine, both failed. See the model legislation, Abortion With Dignity Act from the Public Leadership Institute’s Playbook for Abortion Rights


Legislation to protect clinic patients and staff New Hampshire SB 542, which passed the first committee, would amend civil and criminal law to prohibit harassment of clinic patients and staff. California AB 2263, which would protect individuals associated with reproductive healthcare by prohibiting entities from publicly posting their home addresses, passed the first committee. See the model legislation, Prevent Anti-Abortion Terrorism Act from the Public Leadership Institute’s Playbook for Abortion Rights


Legislation to prevent employment discrimination and interference New York SB 2709, which passed the first committee, would protect employees from employment discrimination based on reproductive health choices. Delaware HB 316 and HB 317, both of which have passed the first committee, would prohibit discrimination of an employee or potential employee, based on reproductive health decisions.  See the model legislation Keep Bosses Out of the Bedroom Act from the Public Leadership Institute’s Playbook for Abortion Rights


Legislation to expand access to Long-acting Reversible Contraception (LARCs)

New Mexico SM 58, which will create a working group that studies the effect of LARCs access, was adopted. Missouri HB 2775 which would allow the transfer of an unclaimed LARC to another eligible patient was introduced. Florida HB 947, which failed would have expanded access to Long Acting Reversible Contraception (LARCs).

Since the original funding for the Colorado Family Planning Initiative ended, and the legislature failed to pass HB 15-1194 in May 2015, Colorado Governor John Hickenlooper signed the budget bill, HB 1405 which provides $2.5 million for the Colorado Department of Public Health and Environment to provide LARCs to low income and uninsured women.

See the model legislation, Long-Acting Birth Control Information Act from the Public Leadership Institute’s Playbook for Abortion Rights


Legislation to allow pharmacists to prescribe contraception

The following bills would have authorized pharmacists to prescribe and dispense contraceptive supplies: Hawaii SB 2320, which passed the Senate and was sent to the House; Missouri HB 1679, which passed the House and was referred to the Senate; Washington SB 6467, which passed the first committee, but failed; Wisconsin AB 968 which failed to pass; and Missouri HB 1679, which passed the first chamber and was referred to the Senate; New Jersey SB 1073 passed the first committee; and Washington SB 6467, which passed the first committee and then failed.

District of Columbia B21-707 which would authorize pharmacists to prescribe and dispense contraceptive supplies and would require insurance coverage of a twelve-month supply of contraception was introduced.

Washington HB 2681, which will require a sticker or sign to be visibly posted in pharmacies in order to increase awareness of the availability of contraceptives, was enacted.


Legislation to ensure coverage for a 12-month supply of contraception

The following bills would require insurance coverage for up to a twelve-month supply of contraception: Colorado HB 1322 passed the House and was referred to the Senate;  Washington HB 1647, which passed the House, but failed; Washington SB 6369 which failed, but was reintroduced and retained in present status; California SB 999, passed the first committee; Washington HB 2465 which passed second committee, but was withdrawn from House Committee on Rules; Alaska SB 156, which passed the first committee.  

Hawaii SB 2319  which will require insurers to cover a twelve-month period of contraception, passed both houses and is eligible for the Governor’s signature.

District of Columbia B21-707 which would authorize pharmacists to prescribe and dispense contraceptive supplies and would require insurance coverage of up to twelve-month supply of contraception was introduced.


Legislation to provide a form of contraceptive equity in insurance coverage

Maryland SB 848 which will provide contraceptive equity in insurance coverage passed both houses and is eligible for the governor’s signature.

Vermont HB 620 which will provide contraceptive equity in insurance coverage passed both houses and is eligible for the governor’s signature.

The following bills would ensure that insurance policies provide coverage for all types of contraceptive medication and devices: Maryland HB 1005 passed the first chamber and the second committee; Illinois HB 5576, passed the House and is in the Senate; Alaska HB 345, passed the first committee; Colorado HB 1294, passed the House; Illinois HB 5576 passed the House; New York AB 8135 passed the Assembly; Washington HB 1502 and WashingtonSB 6493, both failed; and Florida SB 1048 was withdrawn.


Legislation to expose the hypocrisy of the anti-abortion movement Kentucky HB 396, which failed and South Carolina HB 4544, which passed the first committee, both satirically expose the hypocrisy of the anti-abortion movement by legislating Erectile Dysfunction in the way that abortion is legislated: See the model legislation, Medical Equity Now (MEN) Act from the Public Leadership Institute’s Playbook for Abortion Rights


Legislation to demonstrate support for abortion rights

California SJR 19 which requests the President and the Congress of the United States to express their support for access to comprehensive reproductive healthcare, including the services provided by Planned Parenthood, and to oppose efforts to eliminate federal funding for Planned Parenthood was adopted by the Senate and referred to the Assembly.

New Jersey ACR 119, which passed the Assembly Committee on Human Services; and New Jersey SCR 78 which passed the second committee both affirm women’s access to reproductive healthcare and celebrate the anniversary of Roe v. Wade,.

Hawaii SCR 85 and Hawaii SR 56 both of which affirm the State’s support of Planned Parenthood and denounce violence towards abortion providers and their patients were adopted.

See the model legislation, Abortion Is Health Care Resolution from the Public Leadership Institute’s Playbook for Abortion Rights


Legislation to repeal anti-abortion rights laws

New York AB 6221, which passed the assembly, would repeal a telemedicine abortion ban.

Virginia HB 43, which failed and SB 53, which is pending carryover to 2017, would repeal ultrasound requirements.

See the model legislation, Prevent Political Interference from Delaying Abortion Act from the Public Leadership Institute’s Playbook for Abortion Rights


CNN story highlights PLI's Playbook for Abortion Rights

From CNN’s March 31 story The abortion laws you don’t hear about:

Part of what has driven the proliferation of anti-abortion legislation is a playbook put out by Americans United for Life. “Defending Life,” first published in 2006, includes model legislation that state lawmakers cut, paste and use…

To answer this push, the Public Leadership Institute recently released its own compilation of prototype bills: "A Playbook for Abortion Rights," a guide for policymakers on state and local levels.

Aimee Arrambide is a co-editor of this resource. A lawyer by training, the Austin, Texas- based mother of two is a reproductive rights policy specialist and a self-professed policy wonk. She shares this playbook with pride; it was a labor of love that she and her colleagues saw as long overdue. "They're out-introducing our side, which is why we created the playbook," she says. "We wanted to make it easier for legislators to introduce these bills."


Food and Drug Administration Approve Updated Label for Mifepristone

On March 30, 2016 the Food and Drug Administration announced an updated label for Mifepristone, medication abortion, that is more consistent with evidence-based usage that clinicians have been using for years. More information on the label regimen can be found at www.earlyoptionpill.com

According to the National Abortion Federation the new labeling:

  • Increases the gestational age limit for medical abortion eligibility (70 days from 49 days);
  • Allows for a lower dose of mifepristone (200 mg from 600 mg);
  • Changes the misoprostol dose and route of administration (800µg buccal from 400µg oral);
  • Offers more flexibility for advanced practice clinicians as it expands provider eligibility to include all prescribers who are authorized to provide medical abortion care; and
  • No longer requires follow-up to be provided using an in-person clinic visit.

This labeling has the potential to change the landscape of medication abortion policies in the states.

Currently 3 states, Texas, North Dakota, and Ohio require that mifepristone is to be provided in accordance with prior to yesterday, the outdated FDA protocol. With the new label, these laws should require that the pill is to be provided in accordance with the new label, which is consistent with the evidence-based protocol preferred my medical professionals. Three states, Arkansas, Oklahoma, and Arizona have similar laws that have been enjoined or blocked in the courts.

According to the Guttmacher Institute 37 states have laws that require licensed physicians to perform medication abortion. The new FDA labeling for Mifepristone expands provider eligibility which could include Advanced Practice Clinicians. See the model legislation, Access to Medication Abortion Act from the Public Leadership Institute’s Playbook for Abortion Rights

 


More than 241 anti-abortion rights bills introduced

Anti-Abortion Rights Legislation

This is a compendium of more than 241 anti-abortion rights bills that have been introduced in the current legislative session as of March 8, 2016.

Below are some of the highlights.


Legislation proclaiming the “Right to Life”

Missouri HJR 98 creates a constitutional amendment that would affirm the Right to Life. Iowa SJR 2001 Proclaims that there is no fundamental right to abortion. Rhode Island HB 7206 and SB 2218 create the Fetal Protection Act and Michigan HB 4787 would prohibit coercing abortion. 

See the model legislation Abortion is Health Care from the Public Leadership Institute’s Playbook for Abortion Rights from the Public Leadership Institute’s Playbook for Abortion Rights in order to combat these type of laws and the model legislation Respect Women’s Abortion Decisions Act from the Public Leadership Institute’s Playbook for Abortion Rights to codify the fundamental right to abortion.


Legislation defining life

Alabama HB 300, Iowa HB 2142, Maryland HJR 7, Virginia HR 19, and Virginia HJR 29 would define life as beginning at conception. New York SB 2532 would allow a fetus at any stage of gestation to be a victim of an assault. New Hampshire HB 560 would define “another” in criminal statutes including murder and manslaughter to include a fetus. 

See the model legislation, Respect Women’s Abortion Decisions Act from the Public Leadership Institute’s Playbook for Abortion Rights to codify the fundamental right to abortion.


Legislation regulating late term abortion

Alaska SB 179, Arizona SB 1474, Michigan SB 704, SB 705, HB 4833, SB 4834, Nebraska LB 767, New Jersey AB 1700, New Mexico SB 242, New Mexico SB 243, Rhode Island HB 7611, Rhode Island SB 2216, Rhode Island HB 7282, South Carolina SB 531, South Carolina HB 4634, West Virginia HB 4004, Virginia SB 23, Virginia SB 10, and Utah HB 442 would prohibit later term abortions and stigmatize a particular procedure by referring to it as ‘partial birth abortions’ or ‘fetal dismemberment’. New Hampshire HB 1625 and New Jersey SB 1352 ban post viability abortions.

Michigan HB 4146 would require abortion after a certain gestation to be performed in a hospital.

See the model legislation Qualified Providers of Abortion Act  and Access to Medication Abortion Act from the Public Leadership Institute’s Playbook for Abortion Rights in order to expand access to abortion.


Legislation outright limiting abortion

Two bills in Oklahoma, SB 1368 and SB 1483, ban abortion outright.

Two bills, Illinois HB 4421 and Kentucky HB 257 create 20-week bans on abortion.

Iowa SB 2055 would ban abortions for fetuses that are a certain size and would create feticide.

See the model legislation Qualified Providers of Abortion Act  and Access to Medication Abortion Act from the Public Leadership Institute’s Playbook for Abortion Rights in order to expand access to abortion.


Legislation limiting access to abortion through coverage and public resources

South Carolina SB 122 prohibits abortion coverage for state employees.

West Virginia SB 571 would prohibit abortion coverage. Kentucky HB 61, Kentucky SB 7, Maryland HB 1357, Mississippi SB 2326, New Hampshire HB 1684, South Carolina HB 4538, Washington HB 2294, Washington 2754, West Virginia HB 2440 would prohibit the use of public funds for abortion.

New Jersey AB 111 would require incarcerated women to cover the full cost of abortion. 

See the model legislation, Abortion Coverage Equity Act from the Public Leadership Institute’s Playbook for Abortion Rights to ensure abortion coverage for all women.


Legislation limiting access to abortion for minors

New Jersey SCR 29 and ACR 89 would create a constitutional amendment requiring parental notification for abortion. Indiana SB 392, Missouri HB 1370, and New York AB 4771 further restricts minor access to abortion. New York AB 7119, New York AB 6473, Washington SB 5289, Washington HB 1493, , West Virginia HB 2172, and West Virginia 2371 would require parental notification or consent for a minor seeking an abortion.

Missouri HB 2127 and West Virginia HB 2715 would prohibit transporting a minor across state lines for an abortion without consent.


Legislation regulating abortion providers and clinics

There are two bills, Alabama HB 301 and SB 205 that would prevent abortion clinics from being built within 2000 feet of a school.

South Carolina SB 92 would limit abortion procedures to physicians and would require that a provider have admitting privileges. Kansas HB 2658 would require all abortion providers to disclose that they perform abortion to all, even non abortion, patients.

South Dakota HB 1123 would require targeted abortion facility inspections.

Tennessee HB 2076 and SB 1986 would require abortion providers to provide their financial records.

Michigan SB 27, Missouri HB 2329, Tennessee SB 1985, Tennessee HB 2438, Tennessee HB 2075, Tennessee SB 2330, Illinois HB 5817,and Georgia HB 555 would require specific reporting.

Wisconsin AB 310 and SB 237 would create an affiliate ban. Michigan HB 4883, North Carolina HB 596, and Alaska HB 352 would prohibit anyone associated with an abortion clinic to teach sexual health and education in schools. West Virginia HB 2458 prohibits school employees from promoting abortion. Michigan SB 575 would prohibit the state to contract with abortion providers.

Arizona SB 1217, Arizona SB 1216, and Arizona HB 2641 would prohibit an abortion clinic from being classified as a charitable organization. Arizona SB 1485 would prohibit payroll charitable deductions that would go to abortion clinics. 

West Virginia HB 2568 would prohibit state funded transportation for abortion.

Kentucky HB 481 would create a statute of limitation on actions against abortion provider of 20 years.

Florida HB 1, Florida SB 602, Mississippi SB 2297, Colorado HB 1203, Kentucky HB 346, Michigan SB 573, Arizona SB 1324, Florida HB 233, Indiana HB 1337, Missouri SB 644, Missouri HB 1953 are targeted regulation of abortion providers (TRAP laws).

Kentucky HB 492, Mississippi HB 1102, Mississippi SB 2661, New Hampshire HB 1399, New York AB 3048 would require onerous inspections for abortion clinics or an arduous licensing process not required of similar medical facilities.

New Hampshire HB 1570 would repeal the enacted buffer zone.

See the model legislation Protect Physician Integrity from Political Interference, Prevent Double Standards in Abortion Regulation Act, Keep Abortion Clinics Open Act, and Prevent Anti-Abortion Terrorism from the Public Leadership Institute’s Playbook for Abortion Rights in order to oppose these types of laws.


Legislation perpetuating deception and misinformation

Missouri SB 883, South Dakota HB 1157, South Dakota HB 1212, and Virginia HB 1326 require giving state mandated materials to women seeking referrals for abortion providers out of state.

Alabama HB 183, Colorado HB 1218, Florida HB 865, Florida SB 1718, Indiana SB 313, Indiana SB 374, Kentucky HB 482, Kentucky SB 152, Maryland SB 626, New Jersey AB 689, New Jersey SB 476, New York AB 3717, New York SB 178, Rhode Island HB 7313, South Carolina HB 4629, Tennessee HB 1459, and Tennessee SB 1769 would require women seeking an abortion to be given state mandated materials filled with medical inaccuracies and lies, and or a mandated ultrasound.

See the model legislation, Abortion with Dignity Act from the Public Leadership Institute’s Playbook for Abortion Rights


Legislation supporting crisis pregnancy centers

Michigan HB 4140, and Nebraska LB 768 create Choose Life License Plates that would benefit Crisis Pregnancy Centers. Georgia SR 820 is a resolution supporting CPCs.

California AB 2775 would require abortion clinics to distribute information on CPCs.

See the model legislation Truth in Medicine, Pregnancy Center Disclosure Act, and Crisis Pregnancy Center Fraud Prevention Act from the Public Leadership Institute’s Playbook for Abortion Rights in order to oppose this type of legislation.


Legislation regarding or addressing fetal status, condition, or protection

Colorado HB 1146, Hawaii HB 2763, New Mexico HB 275, and New Mexico HB 101 would require a report of fetus being born alive that show signs of life.

Alabama SB 9, Alabama HB 21, Indiana SB 144, Michigan HB 4241, New York AB 3725, Ohio HB 69, Oklahoma SB 1118, Rhode Island HB 7170, and South Carolina SB 96 all ban abortions after a fetal heartbeat is detected, which happens during the first trimester.

Maryland HB 603, Maryland SB 749, Maryland HB 603, Michigan HB 4551, Michigan HB 4852, New Hampshire HB 1328, New Hampshire HB 1636, New Jersey AB 1703, New York AB 8078, South Carolina SB 28, South Carolina SB 130, South Carolina SB 25, South Carolina HB 3114, South Dakota SB 72, Wisconsin AB 237, and Wisconsin SB 179 ban abortions past a certain point based on the unsupported theory that a fetus is capable of feeling pain at this point in gestation.

Michigan HB 4279, Missouri HB 1714, and South Dakota HB 1110 create the Unborn Children’s Protection Act. 

Mississippi HB 531, Mississippi SB 2115, Mississippi SB 2546, and South Carolina HB 4759 create the Unborn Infants Dignity Act.

Hawaii HB 1778 creates the unlawful killing when a person causes injury to a pregnant person or fetus death of an infant who was born alive.


Legislation addressing fetal tissue research

Thirty four bills would prohibit the abortion specifically for fetal research or the profiting from fetal tissue: Colorado HB 1200, Florida HB 1411, Florida SB 1722, Georgia HB 762, Idaho SB 1349, Iowa HB 2140, Iowa SB 2140, Kentucky SB 61, Kentucky SB 25, Michigan HB 5086, Michigan HB 5087, Michigan HB 4831, Michigan SB 564, Michigan SB 565, Missouri HB 2068, Missouri HB 2071, Missouri HB 2247, Missouri HB 2371, Missouri HB 2017, Nebraska LB 990, New Hampshire HB 1663, New Jersey AB 1705, New Jersey AB 1710, New Jersey SB 1538, Ohio HB 417, Oklahoma HB 2604, South Dakota SB 24, Tennessee SB 1624, Tennessee SB 2522, Tennessee HB 2518, Tennessee SB 2568, Tennessee HB 1709, Tennessee HB 2577, Wisconsin AB 305, and Wisconsin SB 260.

Missouri HB 2069 creates the whistle-blower protection in abortion fetal facilities.


Legislation banning abortion for selective reasons

Hawaii HB 2662, Missouri SB 802, New Hampshire HB 1623, and Oklahoma HB 3128 ban abortions for genetic anomalies or down syndrome diagnosis.

Oregon HB 4070, Washington SB 6612, West Virginia HB 2031, Missouri HB 1815, and New York AB 6545 would ban sex-selective abortion.


Legislation restricting access and use of medication abortion

Indiana HB 1263 and Iowa HB 2084 either restricts medication to in-person visits or bans medication abortion through telemedicine and South Carolina SB 34 and New Hampshire HB 1662 ban the use of the medically accepted off-label dosage of medication abortion and requires that only physicians provide it.

See the model legislation, Access to Medication Abortion Act from the Public Leadership Institute’s Playbook for Abortion Rights in order to expand access to abortion.


Refusal Clause

Alabama HB 159, Iowa SB 118, Michigan HB 4309, and New Hampshire HB 1570 would create a refusal clause allowing providers to refuse to perform abortions.

 


More than 100 proactive pro-choice bills now introduced

This is a compendium of more than 100 proactive pro-choice bills introduced as of February 25, 2016.

HIGHLIGHTS:


Legislation expanding access to abortion

Arizona HB 2412 allows the state nursing board to permit qualified nurse practitioners to perform abortions. See the model legislation, Qualified Providers of Abortion Act and Access to Medication Abortion Act from the Public Leadership Institute’s Playbook for Abortion Rights. New York AB 3693 ensures that abortion training is included in medical residency training. Illinois HB 4013 provides both Medicaid and private coverage for abortion. New York AB 3867, Washington HB 1647 and Washington SB 5574 require abortion coverage whenever policies include coverage of maternity care or services. OhioHB 356 provides Medicaid coverage. Arizona SB 1407, Michigan SB 63 and HB 4764, Ohio HB 360, Rhode Island HB 7467, Virginia HB 1225 and SB 183 all reverse prohibitions to allow all health insurance to cover abortion. See the model legislation Abortion Coverage Equity Act from the Public Leadership Institute’s Playbook for Abortion Rights. Washington HB 1403 allows medication abortion via telemedicine.


Legislation restricting crisis pregnancy centers (CPCs)

Arizona HB 2206 requires that CPCs provide scientifically accurate information and mandates that CPCs post a notice in English and Spanish stating “this center is not a licensed medical facility.” Arizona HB 2409 requires that CPCs be licensed as outpatient treatment centers. Arizona HB 2664 requires CPCs to provide clients with a list of reproductive health services they do not provide. Missouri HB 1906 requires CPCs to post a notice if they don’t have licensed medical personnel. New York SB 508 and AB 4055require CPCs to provide some basic information to patients. See the model legislation, Truth in Medicine ActPregnancy Center Disclosure Act, and Crisis Pregnancy Center Fraud Prevention Act from the Public Leadership Institute’s Playbook for Abortion Rights.


Legislation to Guarantee Medically Accurate Abortion Care

Arizona SB 1445 would prohibit punishing a health professional for educating or advising a patient about lawful healthcare services. See the model legislation, Patient’s Right to Abortion Information Act from the Public Leadership Institute’s Playbook for Abortion Rights. Washington HB 1787 and SB 5770 would prohibit health care facilities from limiting providers’ patient care. See the model legislation, Protect Physician Integrity from Political Interference Act from the Public Leadership Institute’s Playbook for Abortion Rights. Virginia HB 94 and SB 648 would allow women seeking an abortion to decline procedures and restrictions that are not required by evidence-based medicine. See the model legislation, Abortion With Dignity Act from the Public Leadership Institute’s Playbook for Abortion Rights.


Legislation to protect clinic patients and staff

New Hampshire SB 542, New York AB 182 and Pennsylvania SB 1105 amend civil and criminal law to prohibit harassment of clinic patients and staff. See the model legislation, Prevent Anti-Abortion Terrorism Act from the Public Leadership Institute’s Playbook for Abortion Rights. New York AB 3454 defines photographing persons entering a reproductive health care services facility as aggravated harassment. Ohio HB 408 creates a 15-foot buffer zone to protect clinic patients and staff. See the model legislation, Clinic Safety Zone Act from the Public Leadership Institute’s Playbook for Abortion Rights


Legislation to prevent employment discrimination and interference

Michigan HB 4716, Missouri HB 1978, New York AB 1142 and New York SB 2709 protect employees from employment discrimination based on reproductive health choices. See the model legislation, Keep Bosses Out of the Bedroom Act from the Public Leadership Institute’s Playbook for Abortion Rights


Legislation to expand access to LARCs

Florida HB 947 and SB 1116, and Kansas HB 2586 expand access to Long Acting Reversible Contraception (LARCs). New Mexico SM 58 would create a working group that studies the effect of LARC access. See the model legislation, Long-Acting Birth Control Information Act from the Public Leadership Institute’s Playbook for Abortion Rights.


Legislation to expand access to emergency contraception

Michigan SB 172 and HB 4717 are the same as the model legislation Rape Survivor Information Act from the Public Leadership Institute’s Playbook for Abortion Rights to require medical personnel, police and colleges to provide information about emergency contraception to survivors of sexual assault. Arizona SB 1407, Michigan HB 4218 and SB 736, Missouri HB 1908, Ohio SB 101, and Pennsylvania SB 542 require medical personnel to offer emergency contraception to sexual assault survivors (EC in the ER bills). Massachusetts HB 1278 requires providing emergency contraception to any woman who requires a rape kit. New York AB 6275 requires public colleges and universities to provide emergency contraception to any student requesting it.


Legislation to require pharmacies to stock and dispense contraception

Missouri HB 1907 requires pharmacies to stock and dispense contraception. New JerseyAB 2369 requires them to stock and dispense emergency contraception. See the model legislation, Women’s Right to the Pill Act from the Public Leadership Institute’s Playbook for Abortion Rights


Legislation to allow pharmacists to prescribe contraception

Such bills introduced are: Alaska SB 169, Hawaii HB 1896, Hawaii SB 2320, Illinois HB 5809, Iowa SSB 3082, Missouri HB 1679, New Jersey AB 2296, New Jersey, AB 2480, New Jersey SB 1073, New Jersey SB 1303, New York AB 8707, New York SB 6811, South Carolina HB 4644, Tennessee HB 1847, Tennessee SB 1958 and Washington SB 6467.


Legislation to ensure coverage for a 12-month supply of contraception

Such bills introduced are: Alaska SB 156, California SB 999, Hawaii SB 2319, MichiganSB 466, Minnesota HB 2606 and Wisconsin SB 724.


Legislation to provide a form of contraceptive equity in insurance coverage

Such bills introduced are: Alaska HB 345, Colorado HB 1294, Illinois HB 5576, MarylandSB 848, New York SB 6013, New York AB 8135, Ohio HB 132, Vermont HB 620, Washington SB 5026, Washington HB 1502 and Washington SB 6493.


Legislation to expose the hypocrisy of the anti-abortion movement

Iowa HB 2141, Kentucky HB 396, South Carolina HB 4544, Tennessee HB 1927 and Tennessee SB 2292 satirically expose the hypocrisy of the anti-abortion movement by legislating erectile dysfunction the way they legislate abortion: See the model legislation, Medical Equity Now (MEN) Act from the Public Leadership Institute’s Playbook for Abortion Rights


Legislation to demonstrate support for abortion rights

California SJR 19, Michigan SR 118, Michigan HR 205, New Jersey SCR 78 and Rhode Island HB 7444 are resolutions or legislation to confirm the right to abortion services, show support for abortion rights, Roe v. Wade, and Planned Parenthood, or a request for the U.S. Congress and the U.S. Department of Justice to investigate violence against reproductive health providers. See the model legislation, Abortion Is Health Care Resolution from the Public Leadership Institute’s Playbook for Abortion Rights.


Legislation to repeal anti-abortion rights laws

Fourteen bills have been introduced that repeal anti-abortion statutes. Arizona SB 1483repeals a 24 hour waiting period and Ohio HB 357 would repeal the waiting period and parental notice for abortion. Virginia HB 43 and SB 53 repeal an ultrasound requirement.Arizona SB 1476 repeals clinic inspections. New York AB 6221 and SB 4432, and Wisconsin SB 701 and HB 916 repeal existing statutory prohibitions of abortion. ArizonaHB 2411 repeals a telemedicine abortion ban. Rhode Island HB 7612 repeals spousal notice before an abortion procedure. Utah HB 246 repeals the restriction on the use of public funds for contraception and abortion. Kansas HB 2581 repeals the physician-only requirement for abortion. Massachusetts HB 1608 repeals the requirement that a late-term abortion be performed in a hospital. See the model legislation, Prevent Political Interference from Delaying Abortion Act from the Public Leadership Institute’s Playbook for Abortion Rights

 

Finally, Wisconsin SB 653 and AB 880 are comprehensive bills that require physicians to provide medically accurate information, protect employees from discrimination based on reproductive health choices, require contraceptive equity within health coverage, and repeal abortion restrictions. 


37 proactive bills plus 10 repealers

So far during the current legislative sessions, abortion rights legislators have introduced at least 37 proactive bills as well as 10 others that repeal abortion restrictions.

HIGHLIGHTS:


Legislation expanding access to abortion

In Arizona, HB 2412 allows the state nursing board to permit qualified nurse practitioners to perform abortions. See the model legislation, Qualified Providers of Abortion Act and Access to Medication Abortion Act from the Public Leadership Institute’s Playbook for Abortion Rights

Quite a number of bills expand public and/or private abortion insurance coverage: Arizona SB 1407, California AB 1954, Kansas HB 2580, Michigan SB 63, Michigan SB 214, Michigan HB 4764, Rhode Island HB 7467, Washington HB 1647, and Washington SB 5574. See the model legislation, Abortion Coverage Equity Act from the Public Leadership Institute’s Playbook for Abortion Rights.

In New York, AB 3693 ensures that abortion care training is included in medical residency training, and an institution that objects must offer alternative training for those who want it.


Legislation restricting crisis pregnancy centers

Several states have bills pending to require that crisis pregnancy centers, or other facilities that receive state funding, provide medically accurate information about reproductive health, and if they do not provide certain services, then referrals: Arizona HB 2206, Arizona HB 2664, Missouri HB 1906, New York SB 508, and New York AB 4055. Arizona HB 2409 requires that CPCs be licensed as outpatient treatment centers. See the model legislation, Truth in Medicine Act, Pregnancy Center Disclosure Act, and Crisis Pregnancy Center Fraud Prevention Act from the Public Leadership Institute’s Playbook for Abortion Rights


Legislation to protect clinic patients and staff

New Hampshire SB 542 , New York AB 182, and Pennsylvania SB 1105 amend civil and criminal law to prevent impediment of reproductive health care services, prohibit interference with access to reproductive health care services, and create an avenue for redress, relief, and damages. See the model legislation, Prevent Anti-Abortion Terrorism Act from the Public Leadership Institute’s Playbook for Abortion Rights

Ohio HB 408 creates a 15 foot buffer zone and amends civil and criminal law in order to prevent impediment of reproductive health care services. See the model legislation, Clinic Safety Zone Act from the Public Leadership Institute’s Playbook for Abortion Rights


Legislation to prevent employment discrimination and interference

The following bills have been introduced to protect employees from employment discrimination based on reproductive health choices: Michigan HB 4716, Missouri HB 1978, New York AB 1142, New York SB 2709. See the model legislation, Keep Bosses Out of the Bedroom Act from the Public Leadership Institute’s Playbook for Abortion Rights


Legislation to expand access to contraception

Florida HB 947, Florida SB 1116, and Kansas HB 2586 expand access to Long Acting Reversible Contraception (LARCs) and New Mexico SM 58 would create a working group that studies the effect of LARC access. See the model legislation, Long-Acting Birth Control Information Act from the Public Leadership Institute’s Playbook for Abortion Rights

The following bills expand access to emergency contraception: Arizona SB 1407, Massachusetts HB 1278, Michigan SB 172, Michigan HB 4717, Michigan HB 4218, Michigan SB 736, Missouri HB 1907, Missouri HB 1908, New Jersey, AB 2369, New York SB 2713, New York AB 6954, New York AB 5178, New York, SB 4365, New York AB 6275, New York AB 6741, and Ohio SB 101. See the model legislation, Rape Survivor Information Act from the Public Leadership Institute’s Playbook for Abortion Rights

A number of bills would allow pharmacists to prescribe contraception: Alaska SB 169, Hawaii HB 1896, Hawaii SB 2320, Illinois HB 5809, Iowa SSB 3082, Missouri HB 1679, New Jersey AB 2296, New Jersey, AB 2480, New Jersey SB 1073, New Jersey SB 1303, New York AB 8707, South Carolina HB 4644, Tennessee HB 1847, Tennessee SB 1958, and Washington SB 6467.

Bills to ensure coverage for a 12-month supply of contraception: Alaska SB 156, California SB 999, Hawaii SB 2319, Michigan SB 466, Minnesota HB 2606, and Wisconsin SB 724.

Bills that provide a form of contraceptive equity in insurance coverage: Illinois HB 5576, Maryland SB 848, New York SB 6013, New York AB 8135, Ohio HB 132, Vermont HB 620, Washington SB 5026, Washington HB 1502, Washington SB 6493, and Washington HB 1403.


Legislation to expose the hypocrisy of the anti-abortion movement

Iowa HB 2141, Kentucky HB 396, South Carolina HB 4544, Tennessee HB 1927, Tennessee SB 2292 satirically expose the hypocrisy of the anti-abortion movement by legislating erectile dysfunction the way they legislate abortion: See the model legislation, Medical Equity Now (MEN) Act from the Public Leadership Institute’s Playbook for Abortion Rights


Legislation to demonstrate support for abortion rights

California SJR 19, Michigan SR 118, Michigan HR 205, New Jersey SCR 78, and Rhode Island HB 7444 are resolutions or legislation to confirm the right to abortion services, show support for abortion rights, Roe v. Wade, and Planned Parenthood, or a request for the U.S. Congress and the U.S. Department of Justice to investigate violence against reproductive health providers. See the model legislation, Abortion Is Health Care Resolution from the Public Leadership Institute’s Playbook for Abortion Rights


Legislation to repeal anti-abortion laws

Ten bills have been introduced that repeal anti-abortion statutes. Arizona SB 1483 repeals a 24 hour waiting period and Virginia HB 43 repeals an ultrasound requirement. Arizona SB 1476 repeals clinic inspections. New York AB 6221 and New York SB 4432 both affirm the right to abortion and repeal the penal prohibition of abortion and Wisconsin SB 701 and Wisconsin HB 916 repeal the statutory prohibition of abortion. Arizona HB 2411 repeals the telemedicine abortion ban. Rhode Island HB 7612 repeals spousal notice before an abortion procedure. Utah HB 246 repeals the restriction on the use of public funds for contraception and abortion. See the model legislation, Prevent Political Interference from Delaying Abortion Act from the Public Leadership Institute’s Playbook for Abortion Rights

Finally, Wisconsin introduced comprehensive bills that require physicians to provide medically accurate information, protect employees from discrimination based on reproductive health choices, require contraceptive equity within health coverage, and repeal abortion restrictions: Wisconsin SB 653, Wisconsin AB 880.

 



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