81

IOWA
RANKING: 34

Since 2007, Iowa has explicitly permitted human cloning-for-bio-

medical-research and destructive embryo research. Further, Iowa still
has not taken adequate steps to ensure the health and safety of women
seeking or undergoing abortions or to protect unborn victims of vio-
lence.

ABORTION:

• In 2002, Iowa issued an “Information, Not Criminalization” directive. The directive

purportedly makes information on family planning, abortion, adoption, and other repro-
ductive health information available to women at their request. However, the informa-
tion is not mandated, and there are no penalties for failure to supply the information or
to provide access to the information.

• A physician may not perform an abortion on an unmarried or never-married minor under

the age of 18 until at least 48 hours after written notice has been provided to a parent or
grandparent or a court order is issued.

• Iowa taxpayers are required to pay for abortions for women eligible for state medical
assistance if the continued pregnancy endangers the woman’s life; the unborn child is
physically deformed, mentally deficient, or afflicted with a congenital condition; or the

IOWA
pregnancy is the result of reported rape or incest.

• Only physicians licensed to practice medicine and surgery in the state of Iowa or os-
teopathic physicians and surgeons may perform abortion.

• Iowa has an enforceable abortion reporting law, but does not require the reporting of
information to the Centers for Disease Control and Prevention (CDC). The measure ap-
plies to both surgical and nonsurgical abortions.

• Health insurance plans that provide prescription coverage must also provide coverage
for contraception. No exemption is provided for religious employers.

LEGAL RECOGNITION OF UNBORN AND NEWLY BORN:

• Iowa does not protect unborn children from criminal violence.

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• However, it does provide that an attack on a pregnant woman that results in a stillbirth or
miscarriage is a criminal assault. It also requires an investigation into a newborn’s death
when 1) the death is believed to have occurred during or after delivery and when the
delivery was only attended by the mother, or 2) the medical examiner otherwise believes
investigation is warranted.

• The state allows wrongful death (civil) actions only when an unborn child is born alive
following a negligent or criminal act and dies thereafter.

• The state has created a specific affirmative duty of physicians to provide medical care
and treatment to born-alive infants only after viability.

• The state defines substance abuse during pregnancy as “child abuse” under civil child-
welfare statutes. Iowa requires healthcare professionals to report suspected prenatal
drug exposure and healthcare professionals must test newborns for drug exposure when
there is suspicion of prenatal drug use or abuse.

BIOETHICS LAWS:

• Under the “Stem Cell Research and Cures Initiative,” Iowa allows and protects destruc-
tive embryo research and allows cloning-for-biomedical-research, while prohibiting
cloning-to-produce-children—thus, making it a clone-and-kill state.

• Iowa does not regulate assisted reproductive technologies.

END OF LIFE LAWS:

• Iowa expressly prohibits assisted suicide. Under the law, assisting a suicide constitutes
a felony.

HEALTHCARE
FREEDOM OF CONSCIENCE LAWS:

Participation in Abortion:

• An individual who objects on religious or moral grounds is not required to participate in

an abortion unless that abortion constitutes “emergency medical treatment” of a serious
physical condition necessary to save the woman’s life.

• A private or religiously-affiliated hospital is not required to perform or permit abortions

that are not necessary to save the woman’s life.

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Participation in Research Harmful to Human Life:

• Iowa currently provides no protection for the rights of healthcare providers who consci-
entiously object to participation in human cloning, destructive embryo research, or other
forms of immoral medical research.

WHAT HAPPENED IN 2010:

• Iowa reenacted its existing, but relatively permissive funding limitations on abortion.

• The state also enacted a measure requiring an investigation into a newborn’s death when
1) the death is believed to have occurred during or after delivery and when the delivery
was only attended by the mother, or 2) the medical examiner otherwise believes investi-
gation is warranted. In addition, Iowa passed a measure extending the deadline for fetal
death certificates (from 24 to 72 hours), making the requirement consistent with other
categories of death certificates.

• Iowa considered a number of other life-related measures, including a constitutional

amendment regarding the “right to life” of unborn children; regulation of RU-486; in-
formed consent and ultrasound requirements; and regulation of abortion facilities as am-
bulatory surgical centers.

• The state considered legislation related to assisted reproductive technologies, as well

IOWA
as legislation related to parentage and inheritance rights of children conceived using in
vitro fertilization.

• Iowa considered legislation related to pain management and palliative care.

• The state did not consider any measures related to health care rights of conscience.

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RECOMMENDATIONS FOR IOWA

Overall priorities to restore full legal recognition and protection for the unborn:

• Abortion Mandate Opt-Out Act

• Women’s Health Defense Act
• Women’s Health Protection Act
• Women’s Ultrasound Right to Know Act
• Coercive Abuse Against Mothers Prevention Act
• Abortion-Inducing Drugs Safety Act (including prohibition on so-called “telemed abor-
tions”
• Child Protection Act
• Crimes Against the Unborn Child Act
• Pregnant Woman’s Protection Act
• Unborn Wrongful Death Act

Other Top Priorities:

Abortion:
o Comprehensive informed consent (with reflection period) for abortion
o Joint Resolution Commending Pregnancy Centers

Bioethics:
o Bans on human cloning and destructive embryo research
o Bans on state funding of human cloning and destructive embryo re
search

Health Care Freedom of Conscience:

o Comprehensive protections for freedom of conscience

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KANSAS
RANKING: 15

In 2010, Governor Mark Parkinson continued his assault on wom-

en and the unborn. Not only did he use a line-item veto to remove
a state budget provision cutting federal Title X funding to Planned
Parenthood, Governor Parkinson actually increased the amount of
such funding going to Planned Parenthood. In addition, the Gov-
ernor vetoed legislation that would have strengthened the state’s late-term abortion restrictions.

ABORTION:

• Under Kansas law, a physician may not perform an abortion until at least 24 hours after a
woman has received complete and accurate information on the proposed abortion meth-
od; the risks of the proposed abortion method; the probable gestational age of the unborn
child; the probable anatomical and physiological development of the unborn child; the
medical risks of carrying a pregnancy to term; and the name of the physician who will
perform the abortion. The woman must also be provided written information on medical
assistance benefits, agencies offering alternatives to abortion, the father’s legal liability,
and the development of the unborn child.

KANSAS
• Women must also be given contact information for perinatal hospices and a list of or-
ganizations that provide free ultrasound examinations. Abortion providers must inform
women the state-mandated written materials are also available online.

• Abortion providers must offer the opportunity to see an ultrasound image if an ultra-
sound is used in preparation for the abortion.

• The state includes information about the abortion-breast cancer link in the educational
materials a woman must receive prior to abortion.

• The state requires abortion providers to state in their printed materials that it is illegal for
someone to coerce a woman into having an abortion. Clinics must also post signs stating
it is illegal to force a woman to have an abortion.

• A physician may not perform an abortion on an unemancipated minor under the age of
18 until notice has been given to one parent or a court order has been issued.

• Any physician who performs an abortion on a minor under the age of 14 must retain fetal
tissue extracted during the procedure and send it to the Kansas Bureau of Investigation.

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The tissue is to be submitted “for the purpose of DNA testing and examination” and will
be used to investigate incidents of child rape and sexual abuse.

• Kansas prohibits public funds from being used for abortions unless the procedure is nec-
essary to preserve the life of the woman or the pregnancy is the result of rape or incest.

• Contracts with the Kansas Department of Health and Environment’s pregnancy mainte-
nance program may not be awarded to groups that promote, refer for, or educate in favor
of abortion.

• In addition, abortions may not be performed in any facility, hospital, or clinic owned,
leased, or operated by the University of Kansas Hospital Authority unless necessary to
preserve a woman’s life or prevent “a serious risk of substantial and irreversible impair-
ment of a major bodily function.”

• The state provides direct funding to pregnancy care centers and other organizations pro-
moting abortion alternatives.

• Kansas prohibits partial-birth abortion after viability.

• Kansas permits abortions after viability only when an abortion provider has the docu-
mented referral from another physician not legally or financially affiliated with the abor-
tion provider and both physicians determine: (1) The abortion is necessary to preserve
the life of the pregnant woman; or (2) a continuation of the pregnancy will cause a sub-
stantial and irreversible impairment of a major bodily function of the pregnant woman.

• Kansas has an enforceable abortion reporting law, but does not require the reporting of
information to the Centers for Disease Control and Prevention (CDC). The measure ap-
plies to both surgical and nonsurgical abortions.

LEGAL RECOGNITION OF UNBORN AND NEWLY BORN:

• Under Kansas law, an “unborn child” (from fertilization to birth) is a possible victim of
murder, manslaughter, vehicular manslaughter, and battery laws.

• Kansas defines criminal assaults on a pregnant woman that result in miscarriage, still-
birth, or “damage to pregnancy” as an enhanced offense for sentencing purposes.

• The state allows wrongful death (civil) actions when a viable unborn child is killed
through a negligent or criminal act.

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• Kansas law requires that an attending physician take “all reasonable steps necessary to
maintain the life and health” of a child who survives an attempted abortion at any stage
of development.

BIOETHICS LAWS:

• Kansas maintains no laws regarding human cloning or assisted reproductive technolo-

gies.

• However, the state has enacted a measure promoting morally-responsible growth of

the biotechnology industry. The state has specifically indicated the terms “bioscience,”
“biotechnology,” and “life sciences” shall not be construed to include 1) induced human
abortions or the use of cells or tissues derived therefrom, and 2) any research the federal
funding of which would be contrary to federal laws.

END OF LIFE LAWS:

• In Kansas, assisting a suicide is a felony.

• Kansas maintains a “Pain Patient’s Bill of Rights,” which, among other provisions, al-
lows physicians to prescribe a dosage of opiates deemed medically necessary to relieve
pain. The law does not expand the scope of medical practice to allow physician-assisted

KANSAS
suicide or euthanasia.

HEALTHCARE
FREEDOM OF CONSCIENCE LAWS:

Participation in Abortion:

• No person may be required to participate in medical procedures that result in abortion.

• No hospital may be required to perform abortions in its facilities.

• The state provides some protection for the civil rights of pharmacists and pharmacies.

Participation in Research Harmful to Human Life:

• Kansas currently provides no protection for the rights of healthcare providers who con-
scientiously object to participation in human cloning, destructive embryo research, or
other forms of immoral medical research.

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WHAT HAPPENED IN 2010:

• Governor Mark Parkinson vetoed a measure mandating that the Kansas Department of
Health and the Environment ensure compliance with the state’s late-term abortion law
and allowing a woman to sue an abortion provider if she believes her late-term abortion
was performed illegally. The measure would also have required abortion providers to
report the precise medical diagnosis used to justify a late-term abortion.

• The Governor also used a line-item veto to remove a state budget provision cutting fed-
eral Title X (family planning) funding to Planned Parenthood. Instead, he increased state
funding of Planned Parenthood.

• However, the legislature was able to enact a measure directly funding pregnancy care
centers and other organizations promoting abortion alternatives.

• The state also considered legislation opting out of the federal abortion-mandate in the
new health care law; placing other limits on insurance coverage for abortion; and limit-
ing state taxpayer funding of abortion.

• On the bioethics front, Kansas considered legislation regulating assisted reproductive

technologies.

• In addition, the state considered legislation relating to end-of-life documents, pain man-
agement, and palliative care.

• Kansas did not consider any measures related to health care rights of conscience.

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RECOMMENDATIONS FOR KANSAS

Overall priorities to restore full legal recognition and protection for the unborn:

• Abortion Mandate Opt-Out Act

• Women’s Health Defense Act
• Abortion Patients’ Enhanced Safety Act or Women’s Health Protection Act
• Abortion-Inducing Drugs Safety Act
• Child Protection Act
• Pregnant Woman’s Protection Act
• Unborn Wrongful Death Act (for pre-viable child)

Other Top Priorities:

Abortion:
o Amend parental notice law to require consent
o Joint Resolution Commending Pregnancy Centers

Bioethics:
o Bans on human cloning and destructive embryo research
o Bans on state funding of human cloning and destructive embryo
research

Health Care Freedom of Conscience:

o Comprehensive protections for freedom of conscience

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KENTUCKY
RANKING: 13

Kentucky has made great strides in protecting women and the

unborn through its informed consent law, parental involvement
law, abortion clinic regulations, and inclusion of unborn children
in its homicide laws. The state also protects the freedom of con-
science of certain health care providers. On the other hand, life-affirming regulations are still
needed in the areas of human cloning and destructive embryo research.

ABORTION:

• Under Kentucky law, a physician may not perform an abortion until at least 24 hours
after a woman has received information about the probable gestational age of her unborn
child; the nature and risks of the proposed abortion procedure; alternatives to abortion;
and the medical risks of carrying the pregnancy to term. She must also be told that state-
prepared materials are available for her review, that medical assistance may be available,
and that the father is liable for child support even if he offered to pay for the abortion.

KENTUCKY
• A physician may not perform an abortion on an unemancipated minor under the age of
18 until one parent consents or a court order is issued.

• Kentucky’s legislature has declared its opposition to abortion, stating that if the U.S.
Constitution is amended or certain judicial decisions are reversed or modified, the rec-
ognition and protection of the lives of all human beings “regardless of their degree of
biological development shall be fully restored.”

• Kentucky prohibits public funds from being used for abortions unless the procedure
is necessary to preserve the life of the woman or the pregnancy is the result of rape or
incest.

• Kentucky prohibits organizations that receive state funds from using those funds to pro-
vide abortion counseling or to make referrals for abortion.

• All health insurance contracts, plans, and policies must exclude coverage for abortion
unless the procedure is necessary to preserve the woman’s life.

• Kentucky restricts the use of some or all state facilities for the performance of abortion.

• Kentucky has enacted comprehensive health and safety requirements for abortion clinic

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Kentucky has enacted comprehensive health and safety requirements for abortion clinics.
Kentucky requires abortion clinics to meet licensing requirements and minimum health
and safety standards, including maintaining written policies and procedures, conducting
appropriate patient testing, ensuring proper staffing, maintaining necessary equipment
and medication, and providing medically-appropriate post-operative care. Further, all
abortion providers must maintain admitting privileges.

• Kentucky limits the performance of abortions to licensed physicians.

• The state offers “Choose Life” license plates, the proceeds of which benefit pregnancy
care centers and/or other organizations providing abortion alternatives.

• Kentucky has an enforceable abortion reporting law, but does not require the reporting
of information to the Centers for Disease Control (CDC). The measure pertains to both
surgical and nonsurgical abortions.

• Hospitals with emergency room services may not counsel victims of reported sexual of-
fenses on abortion.

• Kentucky requires insurers providing prescription drug coverage for individual and
small employers to offer contraceptive coverage.

LEGAL RECOGNITION OF UNBORN AND NEWLY BORN:

• The definition of “person” for purposes of Kentucky homicide laws includes “an unborn
child from the moment of conception.”

• Kentucky allows parents and other relatives to bring wrongful death (civil) lawsuits
when a viable unborn child is killed through the negligence of another.

• Kentucky has enacted a “Baby Moses” law, under which a mother or legal guardian who
is unable to care for a newborn infant may anonymously and safely leave the infant in the
care of a responsible person at a hospital, police station, fire station, or other prescribed
location.

• Health care professionals must test newborns for prenatal drug exposure when there is
suspicion of prenatal drug abuse.

BIOETHICS LAWS:

• Kentucky maintains no laws regarding human cloning or destructive embryo research,

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but it does ban fetal experimentation.

• The state prohibits the use of public funds for assisted reproductive technologies.

END OF LIFE LAWS:

• In Kentucky, assisting a suicide is a felony.

HEALTHCARE
FREEDOM OF CONSCIENCE LAWS:

Participation in Abortion:

• A physician, nurse, hospital staff member, or hospital employee who objects in writing
and on religious, moral, or professional grounds is not required to participate in an abor-
tion. Kentucky law also protects medical and nursing students.

• Private health care facilities and hospitals are not required to permit the performance of
abortions if such performance violates the established policy of that facility.

KENTUCKY
Participation in Research Harmful to Human Life:

• Kentucky currently provides no protection for the rights of health care providers who
conscientiously object to participation in human cloning, destructive embryo research,
or other forms of immoral medical research.

WHAT HAPPENED IN 2010:

• Kentucky considered legislation opting out of the federal abortion-mandate in the new
health care law. It also considered legislation related to informed consent before abor-
tion; criminalizing the killing of an unborn child; and related to substance abuse by
pregnant women.

• Kentucky did not consider any measures related to bioethics, end-of-life issues, or health
care rights of conscience.

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RECOMMENDATIONS FOR KENTUCKY

Overall priorities to restore full legal recognition and protection for the unborn:

• Abortion Mandate Opt-Out Act

• Women’s Health Defense Act
• Abortion Patients’ Enhanced Safety Act
• Women’s Ultrasound Right to Know Act
• Coercive Abuse Against Mothers Prevention Act
• Abortion-Inducing Drugs Safety Act
• Child Protection Act
• Pregnant Woman’s Protection Act
• Unborn Wrongful Death Act (for pre-viable child)

Other Top Priorities:

Abortion:
o Joint Resolution Commending Pregnancy Centers

Legal Recognition and Protection for the unborn:

o Born-alive infant protection

Bioethics:
o Bans on human cloning and destructive embryo research
o Bans on state funding of human cloning and destructive embryo
research

Health Care Freedom of Conscience:

o Comprehensive protections for freedom of conscience

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LOUISIANA
RANKING: 2

Louisiana maintains some of the most comprehensive and protective

regulations regarding the health and safety of women seeking abor-
tions and the protection of the unborn. In 2010, the state bolstered
this protection by enacting legislation providing that insurance com-
panies participating in the state’s insurance exchange (required to be
operational in 2014) cannot offer policies that provide abortion coverage. In addition, while the
state does not ban human cloning, it bans fetal experimentation, restricts the destruction of hu-
man embryos for research, and prohibits the public funding of human cloning for any purpose.

ABORTION:

• A physician may not perform an abortion until at least 24 hours after a woman has been
provided information about the proposed abortion procedure; the alternatives to abortion;
the probable gestational age of the unborn child; the risks associated with abortion; and
the risks associated with carrying the child to term. She must also be told about available
medical assistance benefits; the father’s legal responsibilities; and that her consent for an

LOUISIANA
abortion may be withdrawn or withheld without any loss of government benefits.

• Louisiana also provides a booklet describing the development of the unborn child; de-
scribing abortion methods and their risks; providing a list of public and private agencies,
including adoption agencies, that are available to provide assistance; providing informa-
tion about state medical assistance benefits; and describing a physician’s liability for
failing to obtain her informed consent prior to an abortion.

• In addition, a woman considering abortion must receive information about fetal pain and
also be given the option to undergo and review an ultrasound prior to an abortion. The
woman must be told about the availability of anesthesia or analgesics to prevent pain
to the unborn child. The mandatory informed consent materials state that, by 20 weeks
gestation, an unborn child can experience and respond to pain and that anesthesia is rou-
tinely administered to unborn children for prenatal surgery at 20 weeks gestation or later.

• Louisiana mandates that an ultrasound be performed before an abortion and requires that
the person performing the ultrasound read a “script” that includes offering the woman a
copy of the ultrasound print.

• A woman seeking an abortion following rape or incest and using state funds to pay for
the abortion must be offered the same informed consent information (without the 24-

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hour reflection period) as is required for other abortions in the state.

• A physician may not perform an abortion on an unemancipated minor under the age of
18 without notarized, written consent from one parent or a court order.

• The state requires abortion providers to state in their printed materials that it is illegal for
someone to coerce a woman into having an abortion.

• Louisiana has declared “the unborn child is a human being from the time of conception
and is, therefore, a legal person for purposes of the unborn child’s right to life and is
entitled to the right to life from conception under the laws and Constitution of this state.”

• Louisiana taxpayers are not required to fund abortions except when the abortion is neces-
sary to preserve the woman’s health or the pregnancy is the result of rape or incest.

• Louisiana prohibits organizations that receive public funds from using those funds to
provide abortion counseling or to make referrals for abortion. The state has also enacted
restrictions on the use of some or all state facilities for the performance of abortion.

• Insurance companies participating in the state insurance exchange (required to be op-

erational in 2014) cannot offer policies that provide abortion coverage (except when a
woman’s life is in danger from “a physical disorder, physical illness, or physical injury,”
including “a life-endangering physical condition caused by or arising from the preg-
nancy itself”).

• Only physicians licensed to practice medicine in Louisiana may perform abortions.

• Louisiana requires the licensing of abortion clinics and imposes minimum health and
safety standards in a variety of areas, including clinic administration, professional quali-
fications, patient testing, physical plant, and post-operative care. Abortion providers
must maintain admitting privileges. In 2010, the state enacted legislation allowing state
officials to close an abortion clinic for any violation of state or federal law and exclud-
ing any health care provider performing an elective, post-viability abortion from the
state’s medical malpractice insurance program. Those provisions are currently enjoined
in litigation.

• Louisiana has enacted a measure banning all abortions once Roe v. Wade is overturned.
While the ban includes an exception for life endangerment, there is no exception for rape
or incest.

• Louisiana bans partial-birth abortion throughout pregnancy, providing the banned pro-

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cedure may be used only when necessary to save the life of the woman. The measure
creates a civil cause of action for violations of the ban. It also contains more stringent
criminal penalties than a similar federal law, imposing a sentence of hard labor or impris-
onment for one to ten years and/or a fine of $10,000 to $100,000.

• Louisiana funds programs providing direct support for groups and organizations promot-
ing abortion alternatives

• Louisiana also offers “Choose Life” license plates, the proceeds of which benefit preg-
nancy care centers and/or other organizations providing abortion alternatives.

• The state has an enforceable abortion reporting law, but does not require the reporting
of information to the Centers for Disease Control and Prevention (CDC). The measure
requires abortion providers to report short-term complications and the name and address
of the hospital of facility where treatment was provided for the complications.

LEGAL RECOGNITION OF UNBORN AND NEWLY BORN:

• Under Louisiana criminal law, the killing of an unborn child at any stage of gestation is

LOUISIANA
defined as a form of homicide. In addition, an “unborn child” is a victim of feticide if
killed during the perpetration of certain crimes, including robbery and cruelty to juve-
niles.

• Louisiana defines a nonfatal assault on an unborn child as a criminal offenses.

• The state allows wrongful death (civil) actions when an unborn child at any stage of
gestation is killed through a negligent or criminal action.

• The state has created a specific affirmative duty of physicians to provide medical care
and treatment to born-alive infants at any stage of development.

• Under the “Children’s Code,” “neglect” includes instances when a newborn is identi-
fied by a healthcare provider as having been affected by prenatal drug use or exhibit-
ing symptoms of withdrawal. In 2007, Louisiana expanded the definition of “prenatal
neglect” to include 1) “exposure to chronic or severe use of alcohol;” 2) the use of any
controlled dangerous substance “in a manner not lawfully prescribed” that results in
symptoms of withdrawal to the newborn; 3) the presence of a controlled substance or
related metabolite in the newborn; or 4) observable and harmful effects in the newborn’s
appearance or functioning. The measure requires reporting by physicians to the appro-
priate state agency. The state also funds drug treatment programs for pregnant women
and newborns.

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BIOETHICS LAWS:

• Louisiana restricts the destruction of embryos that have been created through in vitro
fertilization.

• Louisiana bans fetal experimentation and includes “embryo” as a stage of life protected
by statute. While Louisiana has no specific statute banning human cloning, this statute
may be interpreted to prohibit conducting harmful experimentation on cloned human
embryos.The state also prohibits the public funding of cloning for any purpose.

• Louisiana bans the creation of chimeras, human-animal hybrids.

• By law, IVF-created embryos are defined as juridical (legal) persons.

• Louisiana law allows for embryo adoption if the biological parents renounce parental rights.

END OF LIFE LAWS:

• In Louisiana, assisted suicide is a felony.

HEALTHCARE
FREEDOM OF CONSCIENCE LAWS:

Participation in Abortion:

• Any person has the right not to participate in or be required to participate in any health
care service that violates his or her conscience (including abortion and the dispensation
of abortion-inducing drugs) to the extent that “access to health care is not compromised.”
The person’s conscientious beliefs must be in writing and patients must be notified, and
the law is not to be construed as to relieve any health care provider from providing
“emergency care.”

• A health care facility must ensure that it has sufficient staff to provide patient care in the
event an employee declines to participate in any health care service that violates his or
her conscience.

Participation in Research Harmful to Human Life:

• Any person has the right not to participate in or be required to participate in any health
care service that violates his or her conscience (including human embryonic stem-cell

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research, human embryo cloning, euthanasia, or physician-assisted suicide) to the extent

that “access to health care is not compromised.” The person’s conscientious beliefs must
be in writing and patients must be notified, and the law is not to be construed as to relieve
any health care provider from providing “emergency care.”

• A health care facility must ensure that it has sufficient staff to provide patient care in the
event an employee declines to participate in any health care service that violates his or
her conscience.

WHAT HAPPENED IN 2010:

• In a busy legislative session, Louisiana enacted legislation providing that insurance com-
panies participating in the state insurance exchange (required to be operational in 2014)
cannot offer policies that provide abortion coverage (except when a woman’s life is in
danger from “a physical disorder, physical illness, or physical injury,” including “a life-
endangering physical condition caused by or arising from the pregnancy itself”). The
state also modified its existing “Choose Life” license plate program.

• Louisiana also enacted a measure mandating that an ultrasound be performed before an

LOUISIANA
abortion and re-quiring that the person performing the ultrasound read a “script” that
includes offering the woman a copy of the ultrasound print.

• In addition, newly-enacted legislation allows state officials to close an abortion clinic

for any violation of state or federal law. Abortion advocates have filed a constitutional
challenge against this new law and it is currently enjoined. Abortion advocates have also
challenged a new law excluding any health care provider performing an elective, post-
viability abortion from the state’s medical malpractice insurance program.

• The legislature also enacted a resolution commending the work of pregnancy care cen-
ters.

• Louisiana also considered legislation regulating assisted reproductive technologies. It

did not consider any legislation related to end-of-life issues or health care rights of con-
science.

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RECOMMENDATIONS FOR LOUISIANA

Overall priorities to restore full legal recognition and protection for the unborn:

• Women’s Health Defense Act

• Abortion Patients’ Enhanced Safety Act
• Coercive Abuse Against Mothers Prevention Act
• Abortion-Inducing Drugs Safety Act
• Child Protection Act
• Pregnant Woman’s Protection Act

Other Top Priorities:

Abortion:
o Ban on sex-selective abortions

Legal Recognition and Protection for the unborn:

o Prohibition on wrongful birth and wrongful life lawsuits

Bioethics:
o Bans on human cloning and destructive embryo research
o Regulation of assisted reproductive technologies

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MAINE
RANKING: 31

Maine provides some protection to women seeking abortion. However,

the state’s parental involvement law contains a major loophole, allow-
ing abortion providers to perform abortions without parental consent
if the minor is “mentally and physically competent to give consent.”
Further, Maine is in the minority of states failing to provide adequate
protection to unborn victims of violence.

ABORTION:

• A physician may not perform an abortion on a woman until after advising her of the
probable gestational age of the unborn child; the risks associated with continued preg-
nancy and the proposed abortion procedure; and, at the woman’s request, alternatives to
abortion and information about and a list of public and private agencies that will provide
assistance if the woman chooses to carry the pregnancy to term.

• A physician may not perform an abortion on a minor under the age of 18 until after
advising her about the alternatives to abortion, prenatal care, agencies providing assis-
tance, and the possibility of involving her parents or other adult family members in her
decision. Moreover, the physician must have the written consent of one parent or adult
family member unless the minor is mentally and physically competent to give consent or

MAINE
has secured a court order.

• The state maintains a “Freedom of Choice Act.” The Act mandates the right to abortion
even if Roe v. Wade is eventually overturned, specifically providing that it is the public
policy of Maine not to restrict access to abortion before viability.

• Maine taxpayers are not required to fund abortions unless the abortion is necessary to
preserve the woman’s life or the pregnancy is the result of rape or incest.

• Only physicians licensed to practice medicine or osteopathy by the state of Maine may
perform abortions.

• Prior to the FDA’s August 2006 decision allowing over-the-counter distribution of Plan
B, Maine allowed licensed pharmacists who had completed special training and devel-
oped a standardized protocol in consultation with a physician or licensed prescriber to
dispense “emergency contraception” without a prescription and without the direct in-
volvement of a physician.

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• The state has an enforceable abortion reporting law, but does not require the reporting
of information to the Centers for Disease Control and Prevention (CDC). The measure
applies to both surgical and nonsurgical abortions.

• Health insurance plans that provide prescription coverage must also provide coverage
for contraception. The provision includes an exemption so narrow it excludes the ability
of most employers and insurers with moral or religious objections from exercising the
exemption.

LEGAL RECOGNITION OF UNBORN AND NEWLY BORN:

• Maine does not currently recognize an unborn child as a potential victim of homicide or
assault.

• Instead, Maine provides for an enhanced sentence for the homicide of a pregnant woman
and has created a new crime of “elevated aggravated assault” on a pregnant woman.

• The state requires health care providers to report all deaths of infants less than one year
of age, as well as deaths of women during pregnancy and maternal deaths within 42 days
of giving birth, to the Maternal Infant Death Review Panel.

• The state allows wrongful death (civil) actions only when an unborn child is born alive
following a negligent or criminal action and dies thereafter.

• Maine has created a specific affirmative duty of physicians to provide medical care and
treatment to born-alive infants at any stage of development.

• Maine also has a “Baby Moses” law, establishing a safe haven for mothers to legally
leave their infants at designated places and ensuring that the infants receive appropriate
care and protection.

• Maine provides for the issuance of a certificate of birth resulting in stillbirth when re-
quested by a parent.

BIOETHICS LAWS:

• Maine does not maintain laws regarding human cloning or assisted reproductive tech-
nologies, but bans live fetal experimentation. A “fetus” is defined as being either intra-
uterine or extra-uterine. Thus, its fetal experimentation statute could be read to prohibit
harmful experimentation on cloned human embryos.

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END OF LIFE LAWS:

• In Maine, assisting a suicide is a felony.

HEALTHCARE
FREEDOM OF CONSCIENCE LAWS:

Participation in Abortion:

• The conscientious objection of a physician, nurse, or other healthcare worker to perform

or assist in the performance of an abortion may not be the basis for civil liability, dis-
crimination in employment or education, or other recriminatory action. This includes
protection for medical and nursing students.

• The conscientious objection of a hospital or other healthcare facility to permit an abor-

tion on its premises may not be the basis for civil liability or recriminatory action.

• Private institutions, physicians, or their agents may refuse to provide family planning
services based upon religious or conscientious objection.

• The state provides some protection for the civil rights of pharmacists and pharmacies.

MAINE
Participation in Research Harmful to Human Life:

• Maine currently provides no protection for the rights of healthcare providers who consci-
entiously object to participation in human cloning, destructive embryo research, or other
forms of immoral medical research.

WHAT HAPPENED IN 2010:

• Maine enacted legislation requiring health care providers to report all deaths of infants
less than one year of age, as well as deaths of women during pregnancy and maternal
deaths within 42 days of giving birth, to the Maternal Infant Death Review Panel.

• Maine considered legislation requiring insurance coverage for assisted reproductive

technologies.

• The state did not consider any measures related to end-of-life issues or health care rights
of conscience.

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RECOMMENDATIONS FOR MAINE

Overall priorities to restore full legal recognition and protection for the unborn:

• Repeal State FOCA

• Abortion Mandate Opt-Out Act
• Women’s Health Defense Act
• Women’s Health Protection Act
• Women’s Ultrasound Right to Know Act
• Coercive Abuse Against Mothers Prevention Act
• Abortion-Inducing Drugs Safety Act
• Child Protection Act
• Crimes Against the Unborn Child Act
• Pregnant Woman’s Protection Act
• Unborn Wrongful Death Act

Other Top Priorities:

Abortion:
o Comprehensive informed consent (with reflection period) for abortion
o Ban on the use of state funding to provide abortion counseling or refer
rals
o Joint Resolution Commending Pregnancy Centers

Bioethics:
o Bans on human cloning and destructive embryo research
o Bans on state funding of human cloning and destructive embryo
research

Health Care Freedom of Conscience:

o Comprehensive protection for freedom of conscience

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MARYLAND
RANKING: 40

Maryland provides virtually no protection for women and minors

seeking abortion. It does not have an informed consent law or
abortion clinic regulations, and its parental notice law contains a
loophole that eviscerates the protection this requirement typically
provides. The state also allows and funds destructive embryo research.

ABORTION:

• Maryland does not have an informed consent law, a meaningful parental notice law, or
abortion clinic regulations ensuring the health and safety of women undergoing abor-
tions.

• Under current Maryland law, an unmarried minor under the age of 18 who lives with a
parent may not undergo an abortion unless one parent has been notified by the physi-
cian. However, the law contains a significant loophole: A minor may obtain an abortion

MARYLAND
without parental notification if, in the professional judgment of the physician, notice to
the parent may lead to physical or emotional abuse of the minor; the minor is mature and
capable of giving informed consent to an abortion; or notice would not be in the “best
interests” of the minor.

• The state maintains a “Freedom of Choice Act.” The Act mandates the right to abortion
even if Roe v. Wade is eventually overturned, specifically providing the state may not
“interfere with the decision of a woman to terminate a pregnancy” before the fetus is vi-
able, or if the procedure is necessary to protect the life or health of the woman, or if the
unborn child is afflicted by a genetic defect or serious deformity.

• Maryland taxpayers are required to pay for “medically necessary” abortions when the
continuation of the pregnancy is likely to result in the woman’s death; the woman is a
victim of rape, incest, or another sexual offense reported to a law enforcement, public
health, or social agency; the unborn child is affected by a genetic defect or serious de-
formity or abnormality; there is a substantial risk that the continuation of the pregnancy
could have serious and adverse affects on the woman’s present or future health; or there
is a substantial risk that continuation of the pregnancy is creating a serious issue for the
woman’s present mental health and, if carried to term, there is a substantial risk of seri-
ous or long-lasting effects on the woman’s future mental health.

• Only physicians licensed in the state may perform abortions.

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• Maryland offers “Choose Life” license plates, the proceeds of which benefit pregnancy
care centers and/or other organizations providing abortion alternatives.

• Health insurance plans that provide prescription coverage must also provide coverage
for contraception. There is an exemption for religious employers.

LEGAL RECOGNITION OF UNBORN AND NEWLY BORN:

• Maryland recognizes a “viable fetus” as a distinct victim of murder, manslaughter, or

unlawful homicide. However, the law explicitly states its enactment should not be con-
strued as conferring “personhood” on the fetus.

• The state allows wrongful death (civil) actions when a viable unborn child is killed
through a negligent or criminal action.

• Maryland law does not require physicians to provide appropriate medical care to an in-
fant who survives an abortion.

• Maryland has a “Baby Moses” law, establishing a safe haven for mothers to legally leave
their infants up to 10 days of age at designated places and ensuring the infants receive
appropriate care and protection.

• Maryland law provides that a child is not receiving proper care if he or she is born ex-
posed to methamphetamine or if the mother tests positive for methamphetamine upon
admission to the hospital for delivery of the infant. The state funds drug treatment pro-
grams for pregnant women and newborns.

BIOETHICS LAWS:

• Maryland maintains a “Stem Cell Research Fund” and allows and funds destructive em-
bryonic research, but prohibits research leading to human cloning.

• Umbilical cord blood donation educational materials are to be distributed to all pregnant
patients.

• Maryland regulates insurance coverage of assisted reproductive technologies.

END OF LIFE LAWS:

• In Maryland, assisting a suicide is considered a felony.

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HEALTHCARE
FREEDOM OF CONSCIENCE LAWS:

Participation in Abortion:

• Under Maryland law, no person may be required to participate in or refer to any source
for medical procedures that result in an abortion.

• A hospital is not required to permit the performance of abortions within its facilities or
to provide referrals for abortions.

Participation in Research Harmful to Human Life:

• Maryland currently provides no protection for the rights of healthcare providers who
conscientiously object to participation in human cloning, destructive embryo research,
or other forms of immoral medical research.

WHAT HAPPENED IN 2010:

MARYLAND
• Maryland enacted a provision continuing the state’s relatively permissive Medicaid pol-
icy of funding “medically necessary” abortions.

• Maryland considered legislation amending the state constitution to confer “personhood”

on unborn children; opting out of the federal abortion-mandate in the new health care
law; and providing an ultrasound requirement for abortion.

• The state also considered legislation regulating destructive embryo research and promot-
ing ethical al-ternatives to such research. Maryland also considered legislation requiring
insurance coverage for assisted reproductive technologies.

• In regard to end-of-life issues, Maryland considered measures related to end-of-life doc-

uments, pain management and palliative care, and end-of-life counseling (which refer-
enced a “right to refuse” or withdraw life-sustaining treatment).

• The state did not consider any measures related to healthcare rights of conscience.

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RECOMMENDATIONS FOR MARYLAND

Overall priorities to restore full legal recognition and protection for the unborn:

• Repeal State FOCA

• Abortion Mandate Opt-Out Act
• Women’s Health Defense Act
• Women’s Health Protection Act
• Women’s Ultrasound Right to Know Act
• Coercive Abuse Against Mothers Prevention Act
• Abortion-Inducing Drugs Safety Act
• Child Protection Act
• Crimes Against the Unborn Child Act (protecting the child from conception)
• Pregnant Woman’s Protection Act
• Unborn Wrongful Death Act (for a pre-viable child)

Other Top Priorities:

Abortion:
o Informed consent (with reflection period) for abortion
o Meaningful parental involvement law
o Joint Resolution Commending Pregnancy Centers

Legal Recognition and Protection for the Unborn:

o Born-alive infant protection

Bioethics:
o Bans on human cloning and destructive embryo research
o Bans on state funding of human cloning and destructive embryo
research

Health Care Freedom of Conscience:

o Comprehensive protection for freedom of conscience

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MASSACHUSETTS
RANKING: 39

Massachusetts continues to lack enforceable abortion clinic regula-

tions and fails to protect unborn victims of violence. Further, the state
allows both human cloning-for-biomedical-research and destructive
embryo research. Healthcare providers who conscientiously object
to such research also remain unprotected.

ABORTION:

• Massachusetts’ informed consent law is enjoined.

MASSACHUSETTS
• A physician may not perform an abortion on an unmarried minor under the age of 18
without the written consent of one parent or a court order.

• The Massachusetts Constitution has been interpreted as providing a broader right to

abortion than that provided by the U.S. Constitution.

• Massachusetts taxpayers are required to pay for “medically necessary” abortions and
for abortions which result from rape or incest reported to a law enforcement agency or
public health service within 60 days of the incident.

• State employee health insurance provides coverage of abortion only when a woman’s
life or health is endangered or in cases of rape, incest, or fetal abnormality, and may not
cover partial-birth abortions. Further, health maintenance organizations (HMOs) may
not be required to provide payment or referrals for an abortion unless necessary to pre-
serve the woman’s life.

• Massachusetts’ requirement that abortions after the 12th week of pregnancy be per-
formed in hospitals is, under current U.S. Supreme Court precedent, unenforceable.

• Only physicians authorized to practice medicine in the state of Massachusetts may per-
form abortions.

• Massachusetts requires that sexual assault victims receive information about and ac-
cess to “emergency contraception” in hospital emergency rooms. The state also allows
pharmacists to dispense “emergency contraception” directly and without a prescription.

• The state has an enforceable abortion reporting law, but does not require the reporting of

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information to the Centers for Disease Control and Prevention (CDC). The measure ap-
plies to both surgical and nonsurgical abortions and requires abortion providers to report
short-term complications.

• Health insurance plans that provide prescription coverage must also provide coverage
for contraception. The provision includes an exemption so narrow that it excludes the
ability of most employers and insurers with moral or religious objections from exercis-
ing the exemption.

LEGAL RECOGNITION OF UNBORN AND NEWLY BORN:

• The Massachusetts Supreme Court has determined the state’s homicide law applies to
the killing of an unborn child after viability.

• The state allows wrongful death (civil) actions when a viable unborn child is killed
through negligent or criminal action.

• The state requires healthcare professionals to report suspected prenatal drug exposure.

BIOETHICS LAWS:

• While Massachusetts prohibits cloning-to-produce-children, it permits cloning-for-bio-

medical-research—thus making it a “clone-and-kill” state. It also permits destructive
embryo research (DER).

• The Massachusetts Public Health Council has reversed a rule put in place during the
gubernatorial administration of Mitt Romney that prohibited scientists from creating hu-
man embryos for the purpose of destroying them for research.

• However, Massachusetts bans live fetal experimentation. Moreover, Massachusetts’ fe-

tal experimentation statute may be interpreted to prohibit harmful experimentation on
cloned human embryos.

• Massachusetts has also created an umbilical cord bank.

• In 2008, Massachusetts appropriated $475 million to a life sciences fund for human clon-
ing and stem cell research. The state had previously allocated $100 million to fund DER.

• The state regulates insurance coverage of assisted reproductive technologies.

END OF LIFE LAWS:

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• In Massachusetts, assisting a suicide is a common law crime.

HEALTHCARE
FREEDOM OF CONSCIENCE LAWS:

Participation in Abortion:

• A physician or person associated with, employed by, or on the medical staff of a hospital
or health facility who objects in writing and on religious or moral grounds is not required
to participate in abortions. Medical and nursing students are also protected.

• A private hospital or health facility is not required to admit a woman for an abortion.

MASSACHUSETTS
Participation in Research Harmful to Human Life:

• Massachusetts currently provides no protection for the rights of healthcare providers

who conscientiously object to participation in human cloning, destructive embryo re-
search, or other forms of immoral medical research.

WHAT HAPPENED IN 2010:

• Massachusetts considered legislation related to informed consent and parental involve-

ment before abortion.

• The state considered legislation promoting ethical alternatives to destructive forms of

embryo research and relating to embryo adoption, but it also considered legislation re-
quiring insurance coverage for assisted reproductive technologies.

• Massachusetts considered legislation permitting physician-assisted suicide, but it also

considered legislation related to pain management and palliative care.

• Massachusetts did not consider any measures related to healthcare rights of conscience.

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RECOMMENDATIONS FOR MASSACHUSETTS

Overall priorities to restore full legal recognition and protection for the unborn:

• State Constitutional Amendment (providing that there is no state constitutional right to

abortion)
• Abortion Mandate Opt-Out Act
• Women’s Health Defense Act
• Women’s Health Protection Act
• Women’s Ultrasound Right to Know Act
• Coercive Abuse Against Mothers Prevention Act
• Abortion-Inducing Drugs Safety Act
• Child Protection Act
• Crimes Against the Unborn Child Act (to protect an unborn child from conception)
• Pregnant Woman’s Protection Act
• Unborn Wrongful Death Act (for pre-viable child)

Other Top Priorities:

Abortion:
o Informed consent (with reflection period) for abortion
o Joint Resolution Commending Pregnancy Centers

Legal Recognition and Protection for the Unborn:

o Born-alive infant protection

Bioethics:
o Bans on human cloning and destructive embryo research
o Bans on state funding of human cloning and destructive embryo
research

End of Life:
o Statutory prohibition on assisted suicide

Health Care Freedom of Conscience:

o Comprehensive protection for freedom of conscience

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MICHIGAN
RANK: 17

Michigan protects women and the unborn in a number of ways,

including requiring informed consent and parental consent before
abortion. It also criminalizes assaults on unborn children. Unfor-
tunately, Michigan reversed course in 2008 on destructive embryo
research (DER); while at one time it banned the practice, it now
allows and funds such research. It also fails to protect health care
providers who conscientiously object to participation in DER.

ABORTION:

• A physician may not perform an abortion on a woman until at least 24 hours after the
woman receives information on the probable gestational age of her unborn child, along
with state-prepared information or other material on prenatal care and parenting, the
development of the unborn child, a description of abortion procedures and their inherent
complications, and assistance and services available through public agencies.

MICHIGAN
• Women must be informed of the availability of ultrasounds and be given the opportunity
to view the results of an ultrasound prior to abortion.

• A physician may not perform an abortion on an unemancipated minor under the age of
18 without the written consent of one parent or a court order.

• The Michigan Attorney General has issued opinions that the informed consent and pa-
rental consent statutes apply to both surgical abortions as well as the use of mifepristone
(RU-486).

• Michigan taxpayers are not required to fund abortions except when the abortion is neces-
sary to preserve the woman’s life or the pregnancy is the result of rape or incest.

• Michigan prohibits organizations that receive state funds from using those funds to pro-
vide abortion counseling or to make referrals for abortion.

• State funds appropriated to community colleges may not be used to provide abortion
coverage to employees or their dependents unless an abortion is necessary to preserve a
woman’s life.

• Michigan possesses an enforceable abortion prohibition should the U.S. Constitution be

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amended or certain U.S. Supreme Court decisions be reversed or modified.

• Under Michigan law, abortion clinics (where more than 50 percent of the patients served
undergo abortions) are regulated as “freestanding surgical outpatient facilities.” The
regulations provide for minimum health and safety standards in such areas as clinic ad-
ministration, professional qualifications, and physical plant.

• Michigan limits the performance of abortions to licensed physicians.

• Michigan has an enforceable abortion reporting law, but does not require the reporting of
information to the Centers for Disease Control and Prevention (CDC). The measure ap-
plies to both surgical and nonsurgical abortions and requires abortion providers to report
short-term complications.

• The Michigan Civil Rights Commission has issued a declaratory order that certain com-
panies (with 15 or fewer employees) that offer prescription coverage must cover birth
control. The state requires health maintenance organizations (HMOs) to cover prescrip-
tion contraception or family planning services.

LEGAL RECOGNITION OF UNBORN AND NEWLY BORN:

• Under Michigan law, the killing of an unborn child at any stage of gestation is defined
as a form of homicide.

• Michigan defines criminal assaults on a pregnant woman that result in miscarriage, still-
birth, or “damage to pregnancy” as an enhanced offense for sentencing purposes.

• Michigan defines a nonfatal assault on an unborn child as a crime.

• Michigan has applied the affirmative defense of “defense of others” to cases where a
woman uses force (including deadly force) to protect her unborn child.

• The state allows wrongful death (civil) actions when an unborn child at any stage of
development is killed through a negligent or criminal action.

• The state has created a specific affirmative duty of physicians to provide medical care
and treatment to born-alive infants at any stage of development.

• Michigan requires healthcare professionals to report suspected prenatal drug exposure.

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BIOETHICS LAWS:

• The voters in Michigan passed a “Stem Cell Initiative” in 2008, amending the state con-
stitution to legalize destructive embryo research and to allow the funding of research on
human embryos produced in fertility clinics.

• While Michigan bans both cloning-to-produce-children and cloning-for-biomedical-re-

search, the effect of the “Stem Cell Initiative” passed in 2008 unknown. The Initiative
contained no prohibition on human cloning.

• Michigan bans fetal experimentation.

• Michigan regulates the use and treatment of gametes, neonates, embryos, and/or fetuses.
The state also regulates insurance coverage for assisted reproductive technologies.

END OF LIFE LAWS:

• In Michigan, assisting a suicide is a felony.

HEALTHCARE

MICHIGAN
FREEDOMOF CONSCIENCE LAWS:

Participation in Abortion:

• A physician, nurse, medical student, nursing student, or individual who is a member of,
associated with, or employed by a hospital, institution, teaching institution, or healthcare
facility who objects on religious, moral, ethical, or professional grounds is not required
to participate in abortions.

• A hospital, institution, teaching institution, or healthcare facility is not required to partic-

ipate in abortion, permit an abortion on its premises, or admit a woman for the purposes
of performing an abortion.

Participation in Research Harmful to Human Life:

• Michigan currently provides no protection for the rights of healthcare providers who
conscientiously object to participation in human cloning, destructive embryo research,
or other forms of immoral medical research.

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WHAT HAPPENED IN 2010:

• Michigan enacted legislation modifying its abortion reporting form. It also considered
legislation amending its constitution to include a “right to life” for all human beings;
banning partial-birth abortion; opting out of the federal abortion-mandate in the new
health care law; regarding ultrasound before abortion; and requiring institutions to pre-
pare a report following the stillbirth of an unborn child.

• Conversely, the state also considered legislation regulating the operational practices of
pregnancy care centers. Other measures would have created educational programs for
“emergency contraception” and required emergency rooms to provide sexual assault vic-
tims with information about and/or access to “emergency contraception.”

• Michigan considered legislation to restrict human cloning, specifically providing that

“an individual shall not intentionally transport, attempt to transport, or cause to be trans-
ported into the state a human embryo created through human cloning.” The state also
considered legislation regulating destructive embryo research; banning the creation of
human-animal hybrids; and regulating assisted reproductive technologies.

• Regarding end-of-life issues, Michigan considered legislation related to end-of-life doc-

uments.

• The state did not consider any measures related to health care rights of conscience.

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RECOMMENDATIONS FOR MICHIGAN

Overall priorities to restore full legal recognition and protection for the unborn:

• Abortion Mandate Opt-Out Act

• Women’s Health Defense Act
• Abortion Patients’ Enhanced Safety Act
• Coercive Abuse Against Mothers Prevention Act
• Abortion-Inducing Drugs Safety Act
• Child Protection Act

Other Top Priorities:

Abortion:
o Joint Resolution Commending Pregnancy Centers

Bioethics:
o Promotion of ethical forms of research
o Regulation of assisted reproductive technologies (ART)

Health Care Freedom of Conscience:

o Comprehensive protection for freedom of conscience

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MINNESOTA
RANKING: 20

Minnesota provides comprehensive protection to unborn victims of

violence and, over the past several years, has made significant strides
in protecting women from the negative consequences of abortion. In
addition, Minnesota has successfully warded off efforts to promote
destructive embryo research and human cloning in the state, current-
ly prohibiting taxpayer funding of human cloning.

ABORTION:

• Minnesota’s informed consent law requires women be given information on the risks of
and alternatives to abortion at least 24 hours prior to undergoing an abortion.

• Minnesota requires that a physician or his/her agent advise a woman seeking an abortion
after 20 weeks gestation of the possibility that anesthesia would alleviate fetal pain.

MINNESOTA
• The state also explicitly requires a physician to inform a woman seeking abortion of the
abortion-breast cancer link.

• Minnesota maintains a law prohibiting coerced abortions, defining “coercion” as “re-

straining or dominating the choice of a minor female by force, threat of force, or depri-
vation of food and shelter.” The provision only applies to employees in government-run
social programs and prohibits threatening to disqualify eligible recipients for their finan-
cial assistance if they do not obtain an abortion. The provision applies to older women
as well as minors.

• Minnesota law provides that a physician may not perform an abortion on an uneman-
cipated minor under the age of 18 until at least 48 hours after written notice has been
delivered to both parents.

• The Minnesota constitution protects the “right to an abortion” as a fundamental right

and to a broader extent than the U.S. Constitution.

• Minnesota taxpayers are required to fund “medically necessary” abortions.

• Minnesota prohibits organizations that receive state funds from using those funds to
provide abortion counseling or to make referrals for abortion.

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• Minnesota requires that abortions after the first trimester be performed in a hospital or
“abortion facility.”

• Only physicians licensed to practice medicine by the state of Minnesota or physicians-

in-training supervised by licensed physicians may perform abortions. However, Min-
nesota allows registered nurses to dispense all contraceptives.

• Hospitals must provide information about and access to “emergency contraception” to

sexual assault victims. However, hospitals are not required to provide “emergency con-
traception” if it is contraindicated or if there is a positive pregnancy test.

• The state has an enforceable abortion reporting law, but does not require the reporting of
information to the Centers for Disease Control and Prevention (CDC). The measure ap-
plies to both surgical and nonsurgical abortions and requires abortion providers to report
short-term complications.

• The state requires health maintenance organizations (HMOs) to cover prescription con-
traception or family planning services.

LEGAL RECOGNITION OF UNBORN AND NEWLY BORN:

• Under Minnesota law, the killing of an unborn child at any stage of gestation is defined
as a form of homicide.

• Minnesota defines a nonfatal assault on an unborn child as a criminal offense.

• Minnesota allows wrongful death (civil) actions when a viable unborn child is killed
through a negligent or criminal action.

• The state has created a specific affirmative duty of physicians to provide medical care
and treatment to born-alive infants but only after viability.

• A court may order a pregnant woman into an early intervention treatment program for
substance abuse. Professionals, such as healthcare providers and law enforcement of-
ficers, must report the suspected abuse of a controlled substance by a pregnant woman.
In addition, healthcare professionals must test newborns for drug exposure when there
is suspicion of prenatal drug use. The state funds drug treatment programs for pregnant
women and newborns.

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BIOETHICS LAWS:

• Minnesota has not enacted laws regulating assisted reproductive technologies.

• Minnesota bans live fetal experimentation. The statute may be interpreted to prohibit
harmful experimentation on cloned human embryos.

• Minnesota prohibits the taxpayer funding of human cloning.

END OF LIFE LAWS:

• In Minnesota, assisting a suicide is a felony.

HEALTHCARE
FREEDOM OF CONSCIENCE LAWS:

Participation in Abortion:

MINNESOTA
• Minnesota law provides that no person, hospital, or institution may be coerced, held li-
able for, or discriminated against in any way for refusing to perform, accommodate, or
assist in an abortion. However, this provision has been held unconstitutional as applied
to public hospitals and institutions. Thus, public hospitals may be required to perform,
accommodate, or assist in abortions.

• State employees may refuse to provide family planning services if contrary to their per-
sonal beliefs.

• Health plan companies and healthcare cooperatives are not required to provide abor-
tions or coverage of abortions.

Participation in Research Harmful to Human Life:

• Minnesota currently provides no protection for the rights of healthcare providers who
conscientiously object to participation in human cloning, destructive embryo research,
or other forms of immoral medical research.

WHAT HAPPENED IN 2010:

• Minnesota considered legislation banning sex selective abortion; creating “Choose

Life” license plates; banning insurance coverage of abortion; limiting state taxpayer
funding of abortion; and regarding substance abuse by pregnant women.

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• The state enacted legislation relating to inheritance rights of children conceived using
assisted reproductive technologies.

• Minnesota considered legislation related to end-of-life documents.

• The state did not consider any measures related to health care rights of conscience.

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RECOMMENDATIONS FOR MINNESOTA

Overall priorities to restore full legal recognition and protection for the unborn:

• State Constitutional Amendment (providing that there is no state constitutional right to

abortion)
• Abortion Mandate Opt-Out Act
• Women’s Health Defense Act
• Women’s Health Protection Act
• Women’s Ultrasound Right to Know Act
• Abortion-Inducing Drugs Safety Act
• Child Protection Act
• Pregnant Woman’s Protection Act
• Unborn Wrongful Death Act (for pre-viable child)

Other Top Priorities:

Abortion:
o Joint Resolution Commending Pregnancy Centers

Bioethics:
o Bans on human cloning and destructive embryo research
o Bans on state funding of human cloning and destructive embryo
research

Health Care Freedom of Conscience:

o Comprehensive protection for freedom of conscience

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MISSISSIPPI
RANKING: 12

Over the last several years, Americans United for Life has worked
with Mississippi to enact numerous life-affirming laws, such as Mis-
sissippi’s informed consent law and comprehensive protection for
health care rights of conscience. As a result, only one abortion clinic
remains in the entire state, and the state’s abortion rate has dropped
by more than 60 percent. In 2010, Mississippi was one of five states
that enacted legislation prohibiting insurance companies participat-
ing in the state insurance exchange (required under the new health care law) from offering poli-
cies that provide abortion coverage. However, Mississippi has yet to deal with emerging biotech-
nologies such as human cloning and destructive embryo research.

ABORTION:

• A physician may not perform an abortion on a woman until at least 24 hours after the
woman receives counseling on the medical risks of abortion, including the link between

MISSISSIPPI
abortion and breast cancer, the medical risks of carrying the pregnancy to term, the prob-
able gestational age of the unborn child, medical assistance benefits, and the legal obli-
gations of the child’s father. Mississippi also provides written material describing the
development of the unborn child, the medical risks of abortion, available state benefits,
and public and private agencies offering alternatives to abortion.

• In addition, an abortion provider is required to perform an ultrasound on a woman seek-

ing abortion. The woman must be offered the opportunity to view the ultrasound image,
receive a copy of the image, and listen to the unborn child’s heartbeat. Abortion facilities
must purchase ultrasound equipment.

• A physician may not perform an abortion on an unemancipated minor under the age of
18 without the written consent of both parents. The two-parent consent requirement has
been upheld by both a federal appellate court and the Mississippi Supreme Court.

• In Pro-Choice Mississippi v. Fordice, the Mississippi Supreme Court found that the state
constitution’s right of privacy includes “an implicit right to have an abortion.” However,
the court still upheld the state’s informed consent law, 24-hour reflection period before
an abortion, and two-parent consent requirement before a minor may obtain an abortion.

• Mississippi funds abortions when necessary to preserve the woman’s life, the pregnancy
is the result of rape or incest, or in cases involving fetal abnormalities.

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• Mississippi prohibits organizations receiving state funds from using those funds to pro-
vide abortion counseling or to make referrals for abortion. The state also restricts the use
of some or all state facilities for the performance of abortion.

• Health insurance funds for state employees may not be used for insurance coverage of
abortion unless an abortion is necessary to preserve the life of the mother, the pregnancy
is the result of rape or incest, or the unborn child has an anomaly incompatible with live
birth.

• Insurance companies participating in the state insurance exchanges (required to be op-

erational in 2014) cannot offer policies that provide abortion coverage (except in cases
of life endangerment, rape, or incest).

• Mississippi mandates minimum health and safety regulations for abortion clinics per-
forming more than 10 abortions per month and/or more than 100 abortions per year. The
regulations prescribe minimum health and safety standards for the building or facility,
clinic administration, staffing, and pre-procedure medical evaluations. Abortion provid-
ers must maintain hospital admitting privileges.

• Further, Mississippi requires second-trimester abortions be performed in hospitals, am-

bulatory surgical facilities, or a licensed Level I abortion facility (as defined by statute).

• Only practicing physicians licensed by the state of Mississippi may perform abortions.

• Mississippi has enacted legislation banning abortion, except in cases of life endanger-
ment, should Roe v. Wade be overturned.

• Mississippi prohibits partial-birth abortion.

• The “Abortion Complication Reporting Act” requires abortion providers to report any
incident where a woman dies or needs further medical treatment as a result of an abor-
tion. The measure applies to both surgical and nonsurgical abortions and requires hospi-
tals to report the number of patients treated for complications resulting from abortions.

• Mississippi offers “Choose Life” license plates, the proceeds of which benefit pregnancy
care centers and/or other organizations providing abortion alternatives.

LEGAL RECOGNITION OF UNBORN AND NEWLY BORN:

• The killing of an unborn child at any stage of gestation is a form of homicide.

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• Further, Mississippi law also provides that an attack on a pregnant woman resulting in a
stillbirth or miscarriage is a criminal assault.

• Mississippi defines a nonfatal assault on an unborn child as a criminal offense.

• Mississippi authorizes wrongful death (civil) actions for families who lose viable unborn
children through violence or negligence.

• The state has created a specific affirmative duty of physicians to provide medical care
and treatment to born-alive infants at any stage of development.

BIOETHICS LAWS:

• Mississippi maintains no laws regarding human cloning, destructive embryo research, or

assisted reproductive technologies.

• Mississippi prohibits the “sale” of unborn children.

END OF LIFE LAWS:

MISSISSIPPI
• In Mississippi, assisting a suicide is a felony.

HEALTHCARE
FREEDOM OF CONSCIENCE LAWS:

Participation in Abortion:

• The Mississippi “Healthcare Rights of Conscience Act” provides comprehensive rights

of conscience protection for healthcare providers (including pharmacists), institutions,
and insurance companies who conscientiously object to participating in any healthcare
service, including abortion.

Participation in Research Harmful to Human Life:

• Mississippi protects the civil rights of all healthcare providers who conscientiously ob-
ject to participating in any healthcare services, including destructive embryo research
and human cloning.

WHAT HAPPENED IN 2010:

• Mississippi enacted legislation opting out of the federal-abortion mandate in the new

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health care law. Insurance companies participating in the state insurance exchanges
(required to be operational in 2014) cannot offer policies that provide abortion coverage
(except in cases of life endangerment, rape, or incest).

• Mississippi considered a number of other life-affirming measures, including legislation

banning sex selective abortions; regulating abortion clinics; requiring physicians per-
forming abortions to be board certified in obstetrics and gynecology and have malprac-
tice insurance issued by a company licensed by the state; mandating the reporting of
certain information related to abortions; and making the killing of an unborn child a
capital crime in certain circumstances.

• The state also considered AUL’s “Child Protection Act,” which would have amended
the state’s mandatory reporting law for child sexual abuse to include “any employer or
volunteer” at an abortion clinic within the definition of a “mandatory reporter”; requiring
abortion providers to maintain tissue samples from abortions performed on girls under
the age of 14 and to turn those samples over to law enforcement officials; and providing
a civil cause of action against anyone who assists a minor in circumventing the state’s
parental consent law.

• On the bioethics front, Mississippi considered legislation banning or regulating destruc-

tive embryo research, as well as legislation banning the funding of certain unethical
research and promoting ethical forms of research.

• Finally, the state considered legislation related to end-of-life documents, pain manage-
ment and palliative care, and end-of-life counseling (which referenced a “right to refuse”
or withdraw life-sustaining treatment).

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RECOMMENDATIONS FOR MISSISSIPPI

Overall priorities to restore full legal recognition and protection for the unborn:

• State Constitutional Amendment (providing that there is no state constitutional right to

abortion)
• Women’s Health Defense Act
• Coercive Abuse Against Mothers Prevention Act
• Abortion-Inducing Drugs Safety Act
• Child Protection Act
• Pregnant Woman’s Protection Act
• Unborn Wrongful Death Act (for pre-viable child)

Other Top Priorities:

Abortion:
o Penalties for failing to comply with the state’s informed consent and
parental consent laws
o Joint Resolution Commending Pregnancy Centers

Bioethics:
o Bans on human cloning and destructive embryo research
o Bans on state funding of human cloning and destructive embryo
research

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MISSOURI
RANKING: 7

Missouri had a very busy—and life-affirming—legislative session

in 2010. After three years of working with AUL to enhance its in-
formed consent requirements, Missouri enacted a measure requiring
that a woman be given certain information before abortion, including
information on fetal pain and the availability of ultrasound. Other
enacted measures included AUL’s “Pregnant Woman’s Protection Act,” which provides an affir-
mative defense to women who use force to protect their unborn children from criminal assaults.

ABORTION:

• Twenty-four hours prior to abortion, a woman must be advised of the risks of abortion,
given information about the development of her unborn child, and given information on
resources available to assist her in bringing her child to term. The law requires that she
be informed that abortion ends the “life of a separate, unique, living human being.”

• Abortion providers must offer ultrasound to every woman seeking an abortion.

MISSOURI
• Women seeking abortions at or over 22 weeks must be counseled on fetal pain.

• Abortion clinics must provide a woman with confidential access to a telephone and list
of protective re-sources if she is being coerced by a third-party into seeking an abortion.

• A physician may not perform an abortion on an unemancipated minor under the age of
18 without the informed, written consent of one parent or a court order. Further, only a
parent or guardian can transport a minor across state lines for an abortion. .

• The legislature has found that the life of each human being begins at conception.

• Missouri has narrowed its definition of “medical emergency” to apply only in situations
where the woman’s life or a “major bodily function” is at risk.

• Missouri prohibits public funds from being used for abortions unless the procedure is
necessary to preserve the life of the woman or the pregnancy is the result of rape or in-
cest.

• Public facilities may not be used for performing, assisting in, or counseling a woman on
abortion unless it is necessary to preserve the woman’s life. Likewise, a state employee

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may not participate in an abortion.

• Health insurance policies are prohibited from including coverage for abortion unless an
abortion is necessary to preserve the life of the woman or an optional rider is purchased.

• Insurance companies participating in the state insurance exchange (required to be opera-

tional in 2014) cannot offer policies that provide abortion coverage (expect in cases of
life endangerment, rape, or incest).

• Missouri requires that abortion clinics meet stringent ambulatory surgical center stan-
dards.

• A physician performing abortions must have admitting privileges at a hospital within a

30-mile radius of the facility where the abortion is performed.

• Only physicians licensed by the State, practicing in Missouri, and having surgical privi-
leges at a hospital that offers obstetrical or gynecological care may perform abortions.
The Eighth Circuit Court of Appeals has upheld this law as constitutional.

• Missouri prohibits partial-birth abortion.

• Missouri has appropriated federal and state funds for women “at or below 200 percent of
the Federal Poverty Level” to be used to encourage women to carry their pregnancies to
term, to pay for adoption expenses, and/or to assist with caring for dependent children.
In 2009, the state allocated $2 million to these programs.

• Missouri provides direct taxpayer funding to pregnancy care centers and prohibits orga-
nizations that receive state funds from using those funds to provide abortion counseling
or to make referrals for abortion. Missouri also provides tax credits for donations to
pregnancy care centers that do not perform or refer women for abortions. The state is
authorized to issue tax credits for six years, worth half the value of donations between
$100 and $50,000.

• The state has an enforceable abortion reporting law, but does not require the reporting
of information to the Centers for Disease Control (CDC). The measure pertains to both
surgical and nonsurgical abortions and requires abortion providers to report short-term
complications.

• Health plans that provide prescription coverage must also cover contraception, but cer-
tain exceptions apply.

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LEGAL RECOGNITION OF UNBORN AND NEWLY BORN:

• Under Missouri law, the killing of an unborn child at any stage of gestation is defined as
a form of homicide.

• The state allows wrongful death (civil) actions when an unborn child at any stage of
development is killed through a negligent or criminal act.

• Missouri has enacted AUL’s “Pregnant Woman’s Protection Act,” which provides an af-
firmative defense to women who use force to protect their unborn children from criminal
assaults.

• The state has created a specific affirmative duty for physicians to provide medical care
and treatment to born-alive infants at any stage of development.

• Missouri has a “Baby Moses” law, establishing a safe haven for mothers to legally leave
their infants at designated places and ensuring the infants receive appropriate care and
protection.

• The state funds drug treatment programs for pregnant women and newborns.

MISSOURI
BIOETHICS LAWS:

• In November 2006, voters in Missouri approved a ballot initiative amending the state
constitution to allow cloning-for-biomedical research (while banning cloning-to-pro-
duce children) and to prevent any (future) bans on stem cell research.

• Missouri has created an umbilical cord blood bank.

• Missouri has created the “Life Sciences Research Trust Fund,” which prohibits public
funds from being “expended, paid, or granted to or on behalf of an existing or proposed
research project that involves abortion services, human cloning, or prohibited human
research.” However, funds may be used for adult stem-cell research.

• Missouri maintains no laws regarding assisted reproductive technologies.

END OF LIFE LAWS:

• In Missouri, assisting a suicide constitutes manslaughter.

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HEALTHCARE
FREEDOM OF CONSCIENCE LAWS:

Refusal to Participate in Abortion:

• A physician, nurse, midwife, or hospital is not required to admit or treat a woman for
the purpose of abortion if such admission or treatment is contrary to religious, moral, or
ethical beliefs or established policy. Protection is also provided to medical and nursing
students.

• A law requiring insurance coverage for obstetrical and gynecological care provides:
“Nothing in this chapter shall be construed to require a health carrier to perform, induce,
pay for, reimburse, guarantee, arrange, provide any resources for, or refer a patient for an
abortion.”

Refusal to Participate in Research

Harmful to Human Life:

• Missouri currently provides no protection for the rights of healthcare providers who
conscientiously object to participation in human cloning, destructive embryo research,
or other forms of immoral medical research.

WHAT HAPPENED IN 2010:

• Missouri enacted a measure requiring that, 24-hours prior to abortion, a woman be ad-
vised of the risks of abortion, given information about the development of her unborn
child, and given information on re-sources available to assist her in bringing her child
to term. The law requires that she be informed that abortion ends the “life of a separate,
unique, living human being.”

• Under the omnibus measure, abortion clinics must also now provide a woman with con-
fidential access to a telephone and list of protective resources if she is being coerced by
a third-party into seeking an abortion. Moreover, women seeking abortions at or over 22
weeks must be counseled on fetal pain.

• Finally, an abortion provider must now offer an ultrasound to every woman seeking an
abortion.

• The state also enacted legislation providing that insurance companies participating in the
state insurance exchange (required to be operational in 2014) cannot offer policies that
provide abortion coverage (expect in cases of life endangerment, rape, or incest). The

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state considered legislation further limiting state taxpayer funding of abortion.

• Missouri also continued direct funding to pregnancy care centers and other organizations
promoting abortion alternatives.

• Missouri enacted AUL’s “Pregnant Woman’s Protection Act,” which provides an affir-
mative defense to women who use force to protect their unborn children from criminal
assaults.

• On the bioethics front, the state considered legislation banning funding on unethical
forms of research, as well as legislation related to embryo adoption. Conversely, the
state considered legislation requiring insurance coverage for assisted reproductive tech-
nologies.

• Missouri considered legislation related to life-sustaining treatments including artificial

food and hydration.

• Finally, the state considered legislation specifically protecting the rights of conscience of
pharmacists and pharmacies.

MISSOURI

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RECOMMENDATIONS FOR MISSOURI

Overall priorities to restore full legal recognition and protection for the unborn:

• Women’s Health Defense Act

• Abortion-Inducing Drugs Safety Act
• Child Protection Act

Other Top Priorities:

Abortion:
o Ban on sex-selective abortions
o Joint Resolution Commending Pregnancy Centers

Legal Recognition and Protection for the Unborn:

o Law criminalizing nonfatal assaults on the unborn

Bioethics:
o Regulation of assisted reproductive technologies

Health Care Freedom of Conscience:

o Comprehensive protection for freedom of conscience

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MONTANA
RANKING: 45

Montana lags far behind other states in protecting life. It does not
have an informed consent law, parental involvement law, or abor-
tion clinic regulations. Montana does not recognize an unborn
child as a potential victim of criminal violence. It has not taken
any initiative to stem immoral uses of biotechnology, such as destructive embryo research or hu-
man cloning. Moreover, in late 2009, the Montana Supreme Court stated that it found nothing in
Montana Supreme Court precedent or Montana statutory law indicating that physician-assisted
suicide is against the state’s public policy—thus, potentially paving the way for physician-assist-
ed suicide in the state.

ABORTION:

• State court decisions have held that the Montana Constitution provides a greater right to
abortion than does the U.S. Constitution. Under the auspices of these decisions, several
Montana laws have been declared unconstitutional, including those limiting taxpayer
funding for abortions; requiring parental notice prior to a minor undergoing an abortion;

MONTANA
requiring a 24-hour reflection period prior to an abortion; mandating that state-prepared,
informed consent information be offered to a woman prior to an abortion; and requiring
that only a licensed physician perform an abortion.

• Montana taxpayers are required to fund “medically necessary” abortions.

• Montana is the only state that specifically allows physician assistants to perform abor-
tions. Other states typically only allow a licensed physician to perform an abortion.
Further, nurses are allowed to dispense all contraceptives, but may not dispense mife-
pristone (RU-486).

• Montana prohibits partial-birth abortion, but only after viability.

• The state offers “Choose Life” license plates, the proceeds of which benefit pregnancy
care centers and/or other organizations providing abortion alternatives.

• The state has an enforceable abortion reporting law, but does not require the reporting
of information to the Centers for Disease Control and Prevention (CDC). The measure
applies to both surgical and nonsurgical abortions.

• Montana has a “contraceptive equity” requirement, meaning that health insurance cover-

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age must include coverage for contraception. The requirement is derived from a state
Attorney General opinion. The state does not provide an exemption to employers or
insurers with a religious or moral objection to contraception.

• Montana maintains a Freedom of Clinic Access (FACE) law, making it a crime to block
access to an abortion business and restricting how close sidewalk counselors and dem-
onstrators can be to the abortion facility.

LEGAL RECOGNITION OF UNBORN AND NEWLY BORN:

• Montana law does not currently recognize an unborn child as a potential victim of homi-
cide or assault.

• Under Montana law, a person commits an offense if he/she “purposefully, knowingly, or

negligently causes the death of a premature infant born alive, if such infant is viable.”

• The state allows wrongful death (civil) actions when a viable unborn child is killed
through a negligent or criminal action.

• The state has created a specific affirmative duty of physicians to provide medical care
and treatment to born-alive infants at any stage of development.

• Montana has a “Baby Moses” law, establishing a safe haven for mothers to legally leave
their infants at designated places and ensuring the infants receive appropriate care and
protection.

• Specific professionals are required to report any infant affected by drug exposure to the
state health department.

• Montana maintains a measure allowing a woman who loses a child after 20 weeks gesta-
tion to obtain a certificate of birth resulting in stillbirth.

BIOETHICS LAWS:

• Montana bans cloning-to-produce-children, but not cloning for all purposes—making it

a clone-and-kill state.

• Montana also bans fetal experimentation.

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END OF LIFE LAWS:

• The Montana Supreme Court has stated that it finds nothing in Montana Supreme Court
precedent or Montana statutes indicating that physician-assisted suicide is against public
policy—thus, potentially paving the way for physician-assisted suicide in the state.

HEALTHCARE
FREEDOM OF CONSCIENCE LAWS:

Participation in Abortion:

• An individual, partnership, association, or corporation on the basis of religious or moral

beliefs may refuse to participate in an abortion or to provide advice concerning abortion.

• A private hospital or healthcare facility is not required, contrary to religious or moral

tenets or stated religious beliefs or moral convictions, to admit a woman for an abortion
or permit the use of its facilities for an abortion.

Participation in Research Harmful to Human Life:

MONTANA
• Montana currently provides no protection for the rights of healthcare providers who
conscientiously object to participation in human cloning, destructive embryo research,
or other forms of immoral medical research.

WHAT HAPPENED IN 2010:

• While the state did not hold a regular legislative session in 2010, one state legislator pre-
filed a measure for 2011 to affirmatively prohibit physician-assisted suicide.

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RECOMMENDATIONS FOR MONTANA

Overall priorities to restore full legal recognition and protection for the unborn:

• State Constitutional Amendment (providing that there is no state constitutional right to

abortion)
• Abortion Mandate Opt-Out Act
• Women’s Health Defense Act
• Women’s Health Protection Act
• Women’s Ultrasound Right to Know Act
• Coercive Abuse Against Mothers Prevention Act
• Abortion-Inducing Drugs Safety Act
• Child Protection Act
• Crimes Against the Unborn Child Act
• Pregnant Woman’s Protection Act
• Unborn Wrongful Death Act (for pre-viable child)

Other Top Priorities:

• Specific statutory prohibition against physician-assisted suicide

Abortion:
o Comprehensive informed consent (with reflection period)
o Parental involvement law
o Joint Resolution Commending Pregnancy Centers

Bioethics:
o Bans on human cloning and destructive embryo research
o Bans on state funding of human cloning or destructive embryo research

Health Care Freedom of Conscience:

o Comprehensive protection for freedom of conscience

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NEBRASKA
RANKING: 6

Nebraska provides basic protections for women seeking abor-

tions, for the unborn, and for health care rights of conscience. It
also prohibits the funding of and use of state facilities for human
cloning or destructive embryo research. In 2010, Nebraska en-
acted a number of life-related measures.

ABORTION:

• Under Nebraska law, a physician may not perform an abortion on a woman until at least
24 hours after counseling the woman on the risks of abortion, the risks of continued
pregnancy, and the probable gestational age of the unborn child. Nebraska also provides
materials describing the development of the unborn child, the medical and psychologi-
cal risks of abortion, available state benefits, and public and private agencies offering
alternatives to abortion.

• An abortion provider who conducts an ultrasound prior to performing an abortion must

NEBRASKA
display the ultrasound image of the unborn child so the woman may see it.

• A physician may not perform an abortion on an unemancipated minor until at least 48

hours after providing written notice to one parent or a court order is secured.

• Nebraska taxpayers are not required to pay for abortions except when the abortion is
necessary to preserve the woman’s life or the pregnancy is the result of rape or incest.

• Nebraska prohibits organizations that receive public funds from using those funds to
provide abortion counseling or to make referrals for abortion.

• Group health insurance contracts or health maintenance agreements paid for with public
funds may not include abortion coverage unless an abortion is necessary to preserve the
life of a woman.

• Nebraska mandates minimum health and safety standards for abortion clinics which,
at any point during a calendar year, perform 10 or more abortions during one calendar
week. The regulations prescribe minimum health and safety standards for the building
or facility, staffing, and medical testing of clinic employees.

• Only physicians licensed by the state of Nebraska may perform abortions.

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• The state has an enforceable abortion reporting law, but does not require the reporting
of information to the Centers for Disease Control and Prevention (CDC). The measure
pertains to both surgical and nonsurgical abortions and requires abortion providers to
report short-term complications.

LEGAL RECOGNITION OF UNBORN AND NEWLY BORN:

• Under Nebraska law, the killing of an unborn child at any stage of gestation is defined as
a form of homicide. Nebraska law also provides penalties for the vehicular homicide of
an unborn child.

• Nebraska criminalizes a nonfatal assault on an unborn child.

• The state allows wrongful death (civil) actions when an unborn child at any stage of
development is killed through a third party’s negligent or criminal action.

• Nebraska law requires “all reasonable steps, in accordance with the sound medical judg-
ment of the attending physician, shall be employed to preserve the life of a child” who is
born alive following an attempted abortion at any stage of development.

• Nebraska has a “Baby Moses” law, prohibiting the criminal prosecution of someone who
relinquishes a child to an on-duty hospital employee.

• The state funds drug treatment programs for pregnant women and newborns.

BIOETHICS LAWS:

• Nebraska prohibits state facilities from performing human cloning or destructive embryo
research.

• The state also bans fetal experimentation and prohibits monies from a state-supported
biomedical research fund from being used for research on fetal tissues obtained from
induced abortions.

• The state provides funding for ethical forms of stem cell research and prohibits the state
funding of human cloning or destructive embryo research.

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END OF LIFE LAWS:

• In Nebraska, assisting a suicide is a felony.

HEALTHCARE
FREEDOM OF CONSCIENCE LAWS:

Participation in Abortion:

• A person is not required to participate in an abortion.

• A hospital, institution, or other facility is not required to admit a woman for an abortion
or to allow the performance of an abortion within its premises.

Participation in Research Harmful to Human Life:

• Nebraska currently provides no protection for the rights of healthcare providers who
conscientiously object to participation in human cloning, destructive embryo research,
and other forms of immoral medical research.

NEBRASKA
WHAT HAPPENED IN 2010:

• Nebraska enacted the “Pain-Capable Unborn Child Protection Act,” which bans abor-
tions at or after 20 weeks gestation on the basis of the pain experienced by unborn chil-
dren during later-term abortions.

• The state also enacted legislation requiring, in pertinent part, that abortion providers af-
firmatively screen women for possible coercion and documented risk factors related to
abortion. The measure has been permanently enjoined following a legal challenge.

• In addition, Nebraska enacted a measure providing that any person who commits certain
enumerated criminal offenses against a pregnant woman shall be punished by the impo-
sition of the next higher penalty classification.

• The state did not consider any measures related to bioethics or health care rights of con-
science.

• Nebraska did consider legislation related to end-of-life documents.

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RECOMMENDATIONS FOR NEBRASKA

Overall priorities to restore full legal recognition and protection for the unborn:

• Abortion Mandate Opt-Out Act

• Abortion Patients’ Enhanced Safety Act
• Coercive Abuse Against Mothers Prevention Act
• Abortion-Inducing Drugs Safety Act
• Child Protection Act
• Pregnant Woman’s Protection Act

Other Top Priorities:

Abortion:
o Amend parental notice law to require parental consent
o Require abortion providers to have admitting privileges
o Joint Resolution Commending Pregnancy Centers

Legal Recognition and Protection for the Unborn:

o Prohibition on wrongful birth and wrongful life lawsuits

Bioethics:
o Complete bans on human cloning and destructive embryo research
o Bans on state funding of human cloning and destructive embryo
research

Health Care Freedom of Conscience:

o Comprehensive protection for freedom of conscience

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NEVADA
RANKING: 43

Nevada does not adequately protect minors from the harms of abortion.
Moreover, the state provides no effective protection to patients at the end
of life. Specifically, Nevada does not prohibit assisted suicide by statute,
common law, or judicial decree.

ABORTION:

• A physician may not perform an abortion on a woman until after the physician or other
qualified person informs her of the probable gestational age of the unborn child, de-
scribes the abortion procedure to be used and its risks, and explains the physical and
emotional consequences of abortion.

• Nevada’s parental notification law has been declared unconstitutional. The law sought to
prohibit a physician from performing an abortion on an unemancipated minor under the
age of 18 until notice had been given to one parent or a court order had been secured.

• The state maintains a “Freedom of Choice Act.” The Act mandates the right to abortion
even if Roe v. Wade is eventually overturned, specifically providing that abortions may

NEVADA
be performed within 24 weeks after the commencement of a pregnancy. Because Ne-
vada voters passed a ballot initiative approving this law, the statute will remain in effect
and cannot be amended, repealed, or otherwise changed except by a direct vote of the
people.

• Nevada taxpayers are required to pay for an abortion when the procedure is necessary to
preserve the woman’s life or the pregnancy is the result of rape or incest, and the woman
has signed a notarized affidavit or witness declaration attesting to the rape or incest.

• Only physicians licensed by the state of Nevada or employed by the United States and
using accepted medical practices and procedures may perform abortions. Chiropractic
physicians and osteopathic medical professionals are explicitly prohibited from perform-
ing abortions.

• The state has an enforceable abortion reporting law, but does not require the reporting of
information to the Centers for Disease Control and Prevention (CDC).

• Health plans providing prescription coverage must provide coverage for contraception.
An exemption applies to certain insurers affiliated with religious organizations.

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LEGAL RECOGNITION OF UNBORN AND NEWLY BORN:

• Nevada criminal law defines the killing of an unborn child after “quickening” (discern-
ible movement in the womb) as a form of homicide.

• The state allows wrongful death (civil) actions when a viable unborn child is killed
through a negligent or criminal act.

• Under Nevada law, all reasonable steps must be taken to preserve the life and health
of an infant “whenever an abortion results in the birth of an infant capable of sustained
survival by natural or artificial supportive systems.”

• The state defines substance abuse during pregnancy as “child abuse” under civil child-
welfare statutes.

BIOETHICS LAWS:

• Nevada does not ban human cloning or destructive embryo research and does not regu-
late assisted reproductive technologies.

END OF LIFE LAWS:

• The legal status of assisted suicide in Nevada remains undetermined. The state has not
enacted a specific statute prohibiting assisted suicide and does not recognize common
law crimes (including assisted suicide). Further, there is no judicial decision stating
whether assisted suicide is a form of homicide under Nevada’s general homicide laws.

HEALTHCARE
FREEDOM OF CONSCIENCE LAWS:

Participation in Abortion:

• Except in a medical emergency, an employer may not require a nurse, nursing assistant,
or other employee to participate directly in the performance of an abortion if that person
has previously signed and provided a written statement indicating a religious, moral, or
ethical basis for conscientiously objecting to participation in abortions.

• Except in a medical emergency, a private hospital or licensed medical facility is not re-
quired to permit the use of its facilities for the performance of an abortion.

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Participation in Research Harmful to Human Life:

• Nevada currently provides no protection for the rights of healthcare providers who con-
scientiously object to participation in human cloning, destructive embryo research, and
other forms of immoral medical research.

WHAT HAPPENED IN 2010:

• Nevada did not hold a regular legislative session in 2010.

NEVADA

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RECOMMENDATIONS FOR NEVADA

Overall priorities to restore full legal recognition and protection for the unborn:

• Repeal State FOCA

• Abortion Mandate Opt-Out Act
• Women’s Health Defense Act
• Women’s Health Protection Act
• Women’s Ultrasound Right to Know Act
• Coercive Abuse Against Mothers Prevention Act
• Abortion-Inducing Drugs Safety Act
• Child Protection Act
• Crimes Against the Unborn Child Act (protecting an unborn child from conception)
• Pregnant Woman’s Protection Act
• Unborn Wrongful Death Act (for pre-viable child)

Other Top Priorities:

Abortion:
o Comprehensive informed consent law (with reflection period)
o Parental involvement law
o Joint Resolution Commending Pregnancy Centers

Bioethics:
o Complete bans on human cloning and destructive embryo research
o Bans on state funding of human cloning and destructive embryo
research

End of Life:
o Statutory prohibition of assisted suicide

Health Care Freedom of Conscience:

o Comprehensive protection for freedom of conscience

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NEW HAMPSHIRE
RANKING: 36

New Hampshire provides no meaningful protection for women consider-

ing abortion. For example, it permits post-viability abortions-on-demand
and does not require informed consent or parental involvement for abortion.
Moreover, it is one of only three states that does not protect health care free-
dom of conscience.

ABORTION:

• New Hampshire does not provide even rudimentary protection for women considering
abortions. The state does not have an informed consent law, parental involvement law,

NEW HAMPSHIRE
ultrasound requirement, abortion clinic regulations, or a prohibition on anyone other
than a licensed physician performing an abortion.

• New Hampshire taxpayers are not required to pay for abortions unless the abortion is
necessary to preserve the woman’s health or the pregnancy is the result of rape or incest.

• New Hampshire law allows abortions after viability, even in cases where the mother’s
life or health is not endangered.

• Prior to the FDA’s decision in 2006, New Hampshire enacted a “collaborative practice”
bill which allowed “emergency contraception” to be sold without a physician’s prescrip-
tion.

• New Hampshire law requires group or blanket health insurance policies issued or re-
newed by insurers, health service corporations, and health maintenance organizations
to provide coverage for contraceptives if they otherwise provide coverage for outpatient
services or other prescription drugs. The law contains no exemptions for religious or
other employers with ethical or moral objections.

LEGAL RECOGNITION OF UNBORN AND NEWLY BORN:

• New Hampshire does not criminalize the killing of an unborn child outside the context
of abortion. However, it does provide that an attack on a pregnant woman which results
in a stillbirth or miscarriage is a criminal assault.

• The state allows wrongful death (civil) actions when a viable unborn child is killed
through a negligent or criminal act.

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• New Hampshire has a “Baby Moses” law, establishing a safe haven for mothers to le-
gally leave their infants at designated places and ensuring the infants receive appropriate
care and protection.

• New Hampshire has approved stillbirth certificates.

BIOETHICS LAWS:

• New Hampshire does not ban human cloning or destructive embryo research.

• New Hampshire has enacted limited regulation of practitioners and participants in as-
sisted reproductive technologies.

END OF LIFE LAWS:

• In New Hampshire, assisting suicide is a felony.

HEALTHCARE
FREEDOM OF CONSCIENCE LAWS:

Participation in Abortion:

• New Hampshire currently provides no protection for the rights of conscience of health-
care providers.

Participation in Research Harmful to Human Life:

• New Hampshire currently provides no protection for the rights of healthcare providers
who conscientiously object to participation in human cloning, destructive embryo re-
search, and other forms of immoral medical research.

WHAT HAPPENED IN 2010:

• New Hampshire considered legislation related to informed consent and parental consent
before abortion, as well as legislation providing protection to unborn victims of violence.

• The state considered legislation requiring insurance coverage for assisted reproductive
technologies.

• New Hampshire also considered legislation permitting physician-assisted suicide.

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• The state did not consider any measures related to health care rights of conscience.

NEW HAMPSHIRE

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RECOMMENDATIONS FOR NEW HAMPSHIRE

Overall priorities to restore full legal recognition and protection for the unborn:

• Abortion Mandate Opt-Out Act

• Women’s Health Defense Act
• Women’s Health Protection Act
• Women’s Ultrasound Right to Know Act
• Coercive Abuse Against Mothers Prevention Act
• Abortion-Inducing Drugs Safety Act
• Child Protection Act
• Crimes Against the Unborn Child Act
• Pregnant Woman’s Protection Act
• Unborn Wrongful Death Act (for pre-viable child)

Other Top Priorities:

• Comprehensive legal protection for freedom of conscience

Abortion:
o Comprehensive informed consent law (with reflection period)
o Parental involvement law
o Joint Resolution Commending Pregnancy Centers

Legal Recognition and Protection for the Unborn:

o Born-alive infant protection

Bioethics:
o Complete bans on human cloning and destructive embryo research
o Bans on state funding of human cloning and destructive embryo
research

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NEW JERSEY
RANKING: 46

New Jersey’s record on life issues is poor. It provides no meaningful

protection for women considering abortion or for unborn victims of vio-
lence. Moreover, it directly supports the destruction of human life by
allowing and funding destructive experimentation on cloned human em-
bryos and cloned human fetuses.

ABORTION:

• New Jersey does not have an informed consent law or an enforceable parental involve-
ment law for abortion.

• The New Jersey Supreme Court has ruled the state constitution provides a broader right
to abortion than the U.S. Constitution. Pursuant to this ruling, the New Jersey Supreme
Court has struck down the state’s parental notification requirement and restrictions on
the use of taxpayer funds to pay for abortions.

NEW JERSEY
• New Jersey provides court-ordered Medicaid coverage for all “medically necessary”
abortions.

• Under the State Health Benefits plan, any contracts entered into by the State Health Ben-
efits Commission must include coverage of abortion.

• New Jersey requires abortions after the first trimester be performed in licensed ambula-
tory care facilities or hospitals.

• Only physicians licensed to practice medicine and surgery in New Jersey may perform
abortions.

• Hospitals providing emergency care for sexual assault victims must provide “emergency
contraception.”

• New Jersey requires individual, group, and small-employer health insurance policies,
medical or hospital service agreements, health maintenance organizations, and prepaid
prescription service organizations to provide coverage for contraceptives if they also
provide coverage for other prescription drugs. The provision includes an exemption so
narrow that it excludes the ability of most employers and insurers with moral or religious
objections from exercising the exemption.

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LEGAL RECOGNITION OF UNBORN AND NEWLY BORN:

• Current New Jersey law does not recognize an unborn child as a potential victim of ho-
micide or assault.

• The state allows wrongful death (civil) actions only when an unborn child is born alive
following a negligent or criminal act and dies thereafter.

• New Jersey does not require infants who survive an abortion be given appropriate, po-
tentially life-saving medical care.

• New Jersey has a “Baby Moses” law, establishing a safe haven for mothers to legally
leave their infants at designated places and ensuring the infants receive appropriate care
and protection.

BIOETHICS LAWS:

• New Jersey permits and funds destructive experimentation on both cloned human em-
bryos and cloned human fetuses up to the time of live birth.

• State statutes contain no language that could be interpreted as discouraging the initiation
of pregnancies using cloned embryos (i.e., cloning-to-produce-children).

• State funding earmarked for stem cell research may also be available for adult stem cell
research.

• The state regulates insurance coverage of assisted reproductive technologies.

END OF LIFE LAWS:

• In New Jersey, assisting a suicide is a felony.

HEALTHCARE
FREEDOM OF CONSCIENCE LAWS:

Participation in Abortion:

• A person is not required to perform or assist in the performance of an abortion.

• A hospital or healthcare facility is not required to provide abortions. The New Jersey

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Supreme Court has determined that this prohibition is unconstitutional as applied to non-
sectarian or nonprofit hospitals.

Participation in Research Harmful to Human Life:

• New Jersey currently provides no protection for the rights of healthcare providers who
conscientiously object to participation in human cloning, destructive embryo research,
and other forms of immoral medical research.

WHAT HAPPENED IN 2010:

• New Jersey considered a referendum declaring that the state constitution does not in-
clude a “right to abortion” or to public funding of abortion, as well as legislation ban-
ning post-viability abortions, limiting state taxpayer funding of abortion, and requiring
parental consent.

• Conversely, the state considered legislation requiring insurance companies and policies
to cover contraceptive drugs and devices.

NEW JERSEY
• New Jersey considered legislation promoting ethical alternatives to destructive forms of
embryo research and banning the funding of unethical forms of research. On the other
hand, the state considered legislation requiring insurance coverage for assisted reproduc-
tive technologies.

• New Jersey was one of the few states in 2010 to tackle the issue of human egg harvest-
ing, considering the “Ovarian Health Protection Act,” which would have completely
prohibited the procurement or use of human eggs for research or experimentation.

• New Jersey considered legislation related to end-of-life documents.

• Finally, the state considered legislation targeting pharmacists and compelling them to fill
prescriptions for “emergency contraception” and contraceptive drugs.

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RECOMMENDATIONS FOR NEW JERSEY

Overall priorities to restore full legal recognition and protection for the unborn:

• State Constitutional Amendment (providing that there is no state constitutional right to

abortion)
• Abortion Mandate Opt-Out Act
• Women’s Health Defense Act
• Women’s Health Protection Act
• Women’s Ultrasound Right to Know Act
• Coercive Abuse Against Mothers Prevention Act
• Abortion-Inducing Drugs Safety Act
• Child Protection Act
• Crimes Against the Unborn Child Act
• Pregnant Woman’s Protection Act
• Unborn Wrongful Death Act

Other Top Priorities:

Abortion:
o Comprehensive informed consent law (with reflection period)
o Parental involvement law
o Joint Resolution Commending Pregnancy Centers

Legal Recognition and Protection for the Unborn:

o Born-alive infant protection

Bioethics:
o Complete bans on human cloning and destructive embryo research
o Bans on state funding of human cloning and destructive embryo
research

Health Care Freedom of Conscience:

o Comprehensive protection for freedom of conscience

Americans United for Life