Kay Steiger

The Things Women Can’t Do After States Passed Anti-Choice Laws in 2011

with 2 comments

On Blog for Choice day, I reflected on the record amount of anti-choice legislation passed at the state level in 2011. With that in mind, the following is a list of things women can’t do based on legislation that was passed at the state level last year. Disclaimer: this list doesn’t cover legislation that’s already been enacted before 2011. For Guttmacher Institute’s full report, go here.

  • Go to a abortion clinic unless it has “either admitting privileges or an agreement with a physician who has these privileges at a hospital that is in the same county as the abortion clinic or in an adjacent county to handle complications from an abortion” in Indiana or “clinical privileges at a hospital located within 30 miles of where an abortion is performed” in Kansas. Such a measure was introduced in 11 states.
  • Go to an abortion clinic unless it adheres to specific provisions that only cover abortion clinics in ArkansasKansasPennsylvaniaUtah, and Virginia. These are known as targeted regulation of abortion providers (TRAP) laws, designed to be so restrictive the clinics might be forced to shut down. Such measures were introduced in 19 states.
  • Get funds for adoption services because revenues for “Choose Life” license plates in Florida are now redirected to Choose Life, Inc. Similar license plates are now available in North Carolina, Texas, and Utah. Such a measure was introduced in 9 states.
  • Stop their taxpayer funds from going to alternative-to-abortion services, known as crisis pregnancy centers in KansasMissouri, Pennsylvania, and Texas. These types of services have been shown to be spreading false and misleading health information to women, according to a report produced by a House of Representatives special investigation. Such legislation was introduced in 5 states.
  • Get insurance coverage under the new health insurance exchanges for abortion, effectively ending abortion care insurance coverage in nearly all policies, in Florida, Idaho, Indiana, Kansas, Nebraska, Ohio, Oklahoma, Utah, and Virginia. Such legislation was introduced in 24 states.
  • Get private health insurance coverage for abortion in Kansas, Nebraska, North Carolina, Oklahoma, and Utah. Such legislation was introduced in 15 states.
  • Get funding for abortion if you are a low-income woman on Medicaid in Arkansas, Iowa, and Maryland, even in the cases of funding for abortion to cases of rape, incest, or life endangerment and goes beyond the federal Hyde amendment. Similar legislation will appear on the ballot in Florida and Tennessee. Such legislation was introduced in 16 states.
  • Get a “partial-birth abortion,” even if it is in the interest of the woman’s health in Kansas and Missouri, going beyond the federal ban that was passed in 2003. This means the procedure can only be performed when the woman’s life is at risk in these states. Such legislation was introduced in 5 states.
  • Get an abortion when “the life of the child can be continued indefinitely outside the mother’s womb with natural or artificial life-supportive measures” in Kansas. Similar legislation was enacted in Missouri and Ohio. Such was introduced in 6 states.
  • Get an abortion after 20 weeks in Alabama, Idaho, Indiana, Kansas, and Oklahoma. Such legislation was introduced in 18 states.
  • Get an abortion without state-mandated counseling in Indiana, Iowa, Kansas, Louisiana, and North Dakota. Such legislation was introduced in 14 states.
  • Get an abortion at or beyond 20 weeks’ gestation or get abortion coverage in the health exchange thanks to a “fetal pain” provision in Indiana. Though the law is currently suspended by a court order, it was introduced in 6 states.
  • Get an abortion without undergoing a mandatory waiting period in North Carolina, South Dakota, and Texas. Such legislation in 13 states.
  • Get an abortion after a certain number of weeks unless they face face “substantial” and “irreversible” physical impairment if she continued the pregnancy in Alabama. Similar legislation was enacted in Idaho, Indiana, Kansas, Missouri, North Carolina, North Dakota, Oklahoma, and Texas. Such legislation was introduced in 24 states.
  • Get a remote prescription for a medical abortion from a physician in Arizona, Kansas, Nebraska, North DakotaOklahoma, and Tennessee. Such legislation was introduced in 14 states.
  • Get an abortion without parental consent if they’re under legal age in Kansas, Nebraska, North Dakota, and Ohio. Such legislation was introduced in 18 states.
  • Get an abortion without at least notifying a parent if they’re under legal age in Florida and New Hampshire. Such legislation was introduced in 11 states.
  • Get an abortion from a clinic unless it posts a notice that she must be voluntarily undergoing the procedure and that she cannot be coerced into having an abortion in Louisiana and North Carolina. In North Carolina, a counselor must provide social services to any woman he or she believes is subject to coercion. Such legislation was introduced in 10 states.
  • Get an abortion without the state collecting and reporting detailed demographic information about the women who undergo abortions in Alabama, Idaho, Indiana, Kansas, Missouri, North Dakota, Oklahoma, and Texas. Such legislation was introduced in 24 states.
  • Get an abortion as a minor without the state collecting and reporting detailed demographic information about women in Florida, Indiana, Kansas, and Nebraska. Such legislation was introduced in 6 states.
  • Get an abortion if “the provider knows the reason for the abortion is related to the race or gender of the fetus” in Arizona. Such legislation was introduced in 6 states.
  • Get federal funding to learn how to provide abortions as a medical practitioner in Arizona. Such legislation was introduced in 5 states.
  • Get an abortion without first undergoing an ultrasound in Alabama, Arizona, Florida, Indiana, Iowa, Kansas, North Carolina, and Texas. Not only do ultrasounds almost never change the minds of the women who are subjected to them, they often cause abortion clinics to buy expensive equipment. Such legislation was introduced in 21 states.
  • Get reproductive services like STI testing and STI vaccines without permission from a parent in California, South Carolina, and Utah. Such legislation was introduced in 9 states.
  • Get access to medically accurate, comprehensive sex education in Mississippi and North Dakota. Mississippi requires a “minimum” of abstinence-only education, saying that sex outside of marriage is largely inappropriate and teach “likely negative psychological and physical effects of not abstaining.” Other legislation proposed, but not enacted, in 2011 included a measure in Tennessee that would have restricted conversations around sex to heterosexuality.
  • Get an abortion as a minor without being reported to social services if the situation violates statutory rape laws in Illinois and Kansas. Sometimes girls fear going to social services because statutory rape is committed by a family member, and social services intervention puts them at risk of disrupting family life. Such legislation was introduced in 7 states.
  • Get state (or sometimes federal) funding for family planning services if the facility also provides abortions with its own funds in Colorado, Indiana, Kansas, Missouri, New Hampshire, North Carolina, Texas, and Wisconsin. This is essentially a domestic version of the global gag rule. Such legislation was introduced in 18 states.
  • Legislation seeking to require parental consent in order to obtain contraceptive services was introduced in 3 states.
  • Carry a pregnancy without being at risk for “fetal homicide” charges in North Carolina and Tennessee. Such legislation was introduced in 19 states.
  • Get an abortion if the physician refuses to perform one, even if that physician serves at a public or non-religious hospital, in Utah as of May of this year. Previously, this provision only applied to physicians working at religious hospitals. Such legislation was introduced in 8 states.
  • Legislation that would allow insurers to refuse to cover abortion services was introduced in 4 states.
  • Get abortion services from facilities that decline to provide abortion services in Arizona and Utah. Such legislation was introduced in 5 states.
  • Receive contraceptive services from “a hospital, pharmacy, or medical provider” that refuses to provide them in Arizona. Such legislation was introduced in 4 states. A provision that would allow pharmacists only to refuse to provide contraception was introduced in 5 states. Legislation that would have allowed insurers to refuse to cover contraception was introduced in 4 states.

By contrast, proactive measures to protect abortion rights weren’t as popular:

  • Measures to protect access to an abortion clinic was introduced in 3 states.
  • Measures to protect the legal right to access an abortion were introduced in 5 states.
  • Virginia passed a law that requires teaching about dating violence abusive relationships to be integrated into family life education.
  • Hawaii proposed, but ultimately didn’t pass, legislation that would have required victims of sexual assault to be provided with medically accurate information about emergency contraception as well as providing the medication to her upon her request.
  • Iowa, Maryland, Texas, Washington, and Wisconsin all passed provisions that would expand family planning eligibility. Iowa expanded access to include men. Most legislation expands the definition of those eligible, most commonly up to 200 percent of the poverty line. Similar legislation was introduced in 10 states.
  • ConnecticutMassachusetts, and Indiana all passed or enacted measures that permit “medical providers to prescribe or dispense a drug for treatment of chlamydia or gonorrhea” without seeing the patient’s partner.
  • A measure that would require pharmacists to dispense contraception was introduced, but not passed, in 6 states.

Written by kaysteiger

January 22, 2012 at 6:00 AM

2 Responses

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  1. […] …and Steiger. […]

  2. Kay, we thought abortion was all about concern for women’s health and well being. A woman’s life is rarely endangered by pregnancy, and pre-Roe was medical justification for abortion. But hundreds of thousands of women have suffered physical damage to their reproductive systems and/or long term psychological damage arising from guilt and depression after undergoing an abortion

    The common sense/common decency legislation you are so unhappy about simply protects women from haphazard medical care and requires clinics to provide Full And Honest Disclosure of the truth about what actually happens during an abortion in an attempt to minimize the number of women who suffer a life time of regret over having taken the life of their own child – and there are many

    You will find a report online today about two women who were victims of botched abortion in a Birmingham, AL clinic. There a pictures of paramedics having to carry the women out of the clinic bodily because it was not even equipped with gurney access

    Contrary to the claims of “anything for the cause” feminists, abortion is not a risk free procedure. I have always found it paradoxical that women would protest legislation to insure that abortions are only performed by qualified doctors in a safe, sanitary, properly equipped facility

    And what is the problem with making sure that a woman understands upfront that her “choice” will end the life of her baby through dismemberment, decapitation or poisoning as demonstrated in these video clips – http://radiantcross.org/radiant-cross-home-on-abortion-videos.htm

    Will an ultra-sound take all the whimsy out of it?

    Please open your heart to God and reflect upon what you are actually supporting

    Jerry

    January 22, 2012 at 9:43 PM


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