Reproductive Health Care Dashboard

Alabama

Abortion is banned with no exceptions for rape or incest. An abortion may be performed in order to prevent a serious health risk to the unborn child's mother. Ala. Code § 26-23H-4

Alabama House Minority Leader Anthony Daniels (D) sent a letter to Gov. Kay Ivey (R), on July 19, 2022, requesting a special legislative session to address the state's abortion law, including trying to create legal exemptions for pregnant victims of rape and incest, but the governor denied the request.

An abortion performed in violation of the statute is a class A felony, punishable by a term of life imprisonment or or not more than 99 years or less than 10 years. An attempted abortion is a class C felony, punishable by not more than 10 years or less than 1 year and 1 day.

Ala. Code § 26-23H-6

Ala. Code § 26-23H-6

In Alabama, medication abortion is prohibited except to prevent a serious health risk to the unborn child's mother. The use of telemedicine to administer medication abortion is prohibited. Ala. Code § 26-23H-3.

There are no restrictions on contraception.

AL Legislation

Alaska

The state’s high court has recognized a right to “reproductive choice” under the state constitution. Abortion in Alaska is legal at all stages of pregnancy, as long as a licensed physician performs the procedure. ALASKA STAT. § 18.16.010

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In Alaska, medication abortion must be performed by a physician licensed by the Alaska State Medical Board and be performed in a hospital or other facility that has been approved by the Department of Health and Social Services or a hospital operated by the federal government. ALASKA STAT. § 18.16.010; §18.16.090

There are no restrictions on contraception.

AK Legislation

Arizona

Currently, abortion is legal up to 15 weeks, under a 2022 law. However, a total ban on abortion, with a limited exception when an abortion is necessary to save the life of a pregnant woman (13-3603, Arizona Revised Statutes) is set to go into effect on June 8, 2024 after a lengthy legal process, which led to the decision by the state supreme court in favor of the 1864 ban on April 8, 2024.

The total abortion ban was passed in 1864, which is prior to Arizona’s statehood, and was re-codified in 1901 and 1913. As a result of Roe v. Wade, the total ban was under injunction for several decades. In March of 2022, former Gov. Doug  Ducey (R) signed legislation to enact a 15-week ban on abortion (SB 1164). Meanwhile, after the U.S. Supreme Court overturned Roe in 2022, a state judge lifted the injunction on the 1864 total ban in September of 2022. This caused confusion and debate over whether the 1864 total ban or the 2022 15-week ban were in effect in the state. On October 7, 2022, an appeals court allowed abortions to resume after a challenge to the two conflicting laws, and in December 30, 2022, a three-judge appellate panel unanimously ruled that the 1864 law only applies to non-physicians who might try to provide abortion. Abortions were allowed up to 15 weeks under the 2022 until the state supreme court ruled that the state’s 1864 total abortion ban can be enforced on April 9, 2024. The decision did not go into immediate effect as the Court stayed the ruling for 14 days, and the state Attorney General Kris Mayes (D) has announced that it will not go into effect until at least June 8, 2024 under a court order in a separate case that had a 45 day enforcement delay.

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In Arizona, medication abortions can only be provided by a physician. AZ Rev Stat §36-2160

Arizona maintains an explicit ban on the use of telehealth to provide abortion-related care. (AZ Rev Stat § 36-3604)

Planned Parenthood Arizona filed suit in 2019 to overturn the ban and other procedural requirements mandated by Arizona's other so-called TRAP laws - "Targeted Regulation of Abortion Providers."

Arizona law holds that "a pharmacy, hospital or health professional, or any employee of a pharmacy, hospital or health professional, who states in writing an objection to abortion, abortion medication, emergency contraception or any medication or device intended to inhibit or prevent implantation of a fertilized ovum on moral or religious grounds is not required to facilitate or participate in the provision of an abortion, abortion medication, emergency contraception or any medication or device intended to inhibit or prevent implantation of a fertilized ovum." (AZ Rev Stat § 36-2154)

Arizona law holds that all private health insurance plans must "provide coverage for any prescribed drug or device that is approved by the United States food and drug administration for use as a contraceptive."

There is an exception provided for "religiously affiliated employers," who may file a written affidavit with their accountable health plan stating their objection to a plan providing such coverage, at which point, "the accountable health plan shall issue to the religiously affiliated employer a health benefits plan that excludes" such coverage. (AZ Rev Stat § 20-2329)

AZ Legislation

Arkansas

Under a 2019 trigger law, (AR SB 149) abortions are prohibited in the state. The law has an exception to save the life of the mother during a medical emergency. There is no exception for rape or incest.

Doctors can be fined up to $100,000, face ten years in prison under, or both for violating the state's abortion ban. Ark. Code § 5-61-304.

In Arkansas, medication abortions can only be provided by a physician. Arkansas requires the the physical presence of the physician who prescribed, dispensed, or otherwise provided the drug or chemical to the patient. Arkansas Code § 20-16-603

Arkansas SB 53 passed in 2015, banned abortion medicine being prescribed via telemedicine.

Arkansas law allows doctors, pharmacists and other health care providers to refuse prescribing or distributing contraceptives to patients.

AR Legislation

California

State law and the state constitution protect abortion. Until viability, the state may not interfere with a woman’s right to choose and obtain an abortion. Following viability, the life of the mother or the viability of the fetus after birth must be at risk. Health and Safety 123466, 123468.

On Nov. 8, 2022, voters in California approved a ballot measure that explicitly adds the right to an abortion in the state constitution. Previously, the state constitution included the right to privacy but did not expressly include the right to an abortion. However, the state supreme court had previously stated that the state right to privacy included the right to an abortion. With the approval of this ballot measure, any future attempts to place restrictions on abortion in California are likely to be unsuccessful as they would violate the state constitution.

The governor signed legislation (CA AB 1666) on June 24, 2020, to protect out-of-state patients who travel to California for abortion services. Specifically, the law prohibits California from enforcing judgments received through civil actions authorized by other states in regard to abortion.

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In California, medication abortion can only be provided by a range of healthcare professionals, including licensed nurses, nurse practitioners, nurse midwives, and physician’s assistants, but must be conducted in the first trimester (12 weeks) of the pregnancy. Cal. Business and Professions Code § x253(b)(2). California has no restrictions on receiving medication abortion via telemedicine.

There are no restrictions on contraception.

CA Legislation

Colorado

In 2022, Colorado enacted the Reproductive Health Equity Act, which declared access to abortion services as a fundamental right. The statute is written expansively to say, "a pregnant individual has a fundamental right to continue a pregnancy and give birth or to have an abortion and to make decisions about how to exercise that right."

Additionally, Governor Jared Polis (D) has signed an executive order would not participate in any out-of-state legal actions, unless pursuant to a court order.

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There are no restrictions on receiving medication abortions or abortion medication via telemedicine prior to viability.

There are no restrictions on contraception in Colorado and the Reproductive Health Equity Act provides that there is a fundamental right to contraception.

CO Legislation

Connecticut

Since 1990, state law has protected the right to abortion prior to fetal viability. In 2022 Connecticut enacted a new law expanding abortion protections and which clinicians can provide abortions, effective as of July 1. The new law also shields both providers and patients from out-of-state lawsuits and allows persons sued under out of state bounty laws to recover costs in Connecticut.

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There are no restrictions on receiving medication abortions or abortion medication via telemedicine prior to viability.

There are no restrictions on contraception. Additionally, Connecticut's recently enacted law establishes a cause of action that allows persons who were sued in another state for allegedly providing, or receiving support for, reproductive health services that are legal in Connecticut to recover certain costs they incurred defending the original action and bringing an action. “Reproductive health care services” include all medical, surgical, counseling, or referral services related to the human reproductive system, including contraception.

CT Legislation

Delaware

State law protects abortion, and a new law expands access to providers.

DE HB 455 The bill includes several provisions that will increase access and protections to abortion services throughout the state. Under the bill, licensed physician assistants, certified nurse practitioners and certified nurse-midwives who are properly trained will be allowed to "terminate pregnancy before viability." The bill would also protect individuals from "extradition for committing an act that results in a criminal charge for the termination of pregnancy in another state." Individuals who obtain, provide, recommend or assist others in obtaining services to terminate pregnancies in the state are protected under HB 455 from civil actions in another state, according to the bill. Additionally, the bill protects providers from disclosing communications and records regarding reproductive health services, with an exception for records that are requested for the purpose of investigating a complaint against a health care provider. The bill further protects abortion providers who perform, recommend or provide legal reproductive health services in the state by not subjecting them to other states' regulations and disciplinary actions.

§ 1790. Termination of pregnancy before viability not prohibited; termination of pregnancy after viability limited. (a) A physician may terminate, assist in the termination of, or attempt the termination of a human pregnancy before viability. (b) A physician may not terminate, attempt to terminate, or assist in the termination or attempt at termination of a human pregnancy otherwise than by birth after viability, unless, in the good faith medical judgment of the physician, the termination is necessary for the protection of the woman’s life or health or in the event of a fetal anomaly for which there is not a reasonable likelihood of the fetus’s sustained survival outside the uterus without extraordinary medical measures.

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There are no restrictions on receiving medication abortions or abortion medication via telemedicine prior to viability.

There are no restrictions on contraception.

DE Legislation

District of Columbia

Local law protects abortion throughout pregnancy. The city plans to bolster protections, although Congress ultimately oversees much of the district's laws.

There are no restrictions on receiving medication abortions or abortion medication via telemedicine prior to viability.

DC Legislation

Florida

A 2023 state law (FL SB 300) banning abortions after 6 weeks is currently in effect.

On April 1, 2024, the Florida Supreme Court ruled that the state’s 15-week abortion ban was constitutional. The ruling reversed a court precedent dating back to 1989 and reiterated in 2017 that said the right to privacy in the constitution protected abortion. The Court’s decision also allowed for the 6-week ban to go into effect. When the state legislature enacted the 6-week ban in 2023, the bill included provisions that the 6-week ban would go into effect 30 days after a decision by the state supreme court upholding the 15-week ban, meaning the 6-week ban became effective May 1, 2024.

On Apr. 13, 2023, Gov. Ron DeSantis (R) signed the “Heartbeat Protection Act” (FL SB 300) into law. The law prohibits abortions after six weeks of gestational age and includes exceptions for rape, incest, medical emergencies, and “fatal fetal abnormalities.” The bill also imposes restrictions on abortions via telehealth and medication.

Briefly, on June 30, 2022, a state judge temporarily blocked the 15-week law for violating the state constitution. But that same day, when the state appealed the decision to a higher court, the injunction was automatically lifted. On July 21, 2022, a three-judge panel of the First District Court of Appeal rejected, in a 2-1 split decision, rejected an attempt to reinstate a lower court’s injunction to block a 15-week abortion ban in the state. The appeals court also refused to speed the case to the state supreme court, as requested by the state’s attorney general, which means that the Florida law is likely to remain in place until after the November elections.

Violation of Florida's pregnancy termination statute, Fla. Stat. Ann. §390.0111, by performing an illegal abortion after 15 weeks of pregnancy, could result in a third degree felony which has the punishment of up to five years in prison. It could also cause doctors or other participating medical professionals to lose their licenses to practice and face fines of $10,000 per violation.

In Florida, medication abortions can be performed by a physician up to 15 weeks of pregnancy. Prior to performing a medication abortion, Florida requires doctors prescribing abortion medication to have an in-person doctor's visit at least 24 hours before an abortion. Fla. Stat. Ann. §390.0111

There are no restrictions on contraception.

FL Legislation

Georgia

On Nov. 23, 2022, the Georgia Supreme Court overturned a Nov. 15 ruling by a Fulton County judge that determined the state's 2019 "fetal heartbeat" law as invalid because it violated the U.S. Constitution and U.S. Supreme Court precedent at the time it became law. The six-week ban will remain in effect while challenges to the state law are on appeal.

The state law, currently blocked by court order, prohibits the abortion of a fetus with a detectable heartbeat, which typically takes place 6-week after pregnancy. The 2019 law (GA HB 481) includes exceptions for a medical emergency, medically futile pregnancies, or if the pregnancy is the result of rape or incest, if a police report has been filed and the probable gestational age of the fetus is 20 weeks or less.

In 2020, the statute restricting abortions was blocked by a federal district judge. After the state appealed, a three-judge panel of the 11th US Circuit vacated the injunction on July 20, 2022, allowing the law to go into effect.

A person commits the offense of criminal abortion when he or she administers any medicine, drugs, or other substance or uses any instrument or other means whatever upon any woman with intent to produce a miscarriage or abortion. The offense is punishable by imprisonment for not less than one nor more than ten years. O.C.G.A. 16-12-140

In Georgia, medication abortions can be performed by a physician within the first six weeks of pregnancy or the physician determines that the pregnancy is medically futile. GA Code Ann. § 16-12-141. State law makes no reference to abortion via telemedicine.

There are no restrictions on contraception.

GA Legislation

Hawaii

State law protects abortion. Hawaii became the first state to protect abortion in 1970. The state permits a woman’s right to choose and obtain an abortion of a non-viable fetus. The state allows for an abortion that is necessary to protect the life or health of the female. HRS §453-16.

In 2021, a new law expanded access to abortion providers to include advanced practice registered nurses. The law stipulates that advanced practice registered nurses can serve as providers for medication or aspiration abortion care in the first trimester of pregnancy. HRS §457-8.7.

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Physicians and advanced practice registered nurses may provide medication abortions in the first trimester of pregnancy. HRS 457-8.7. There are no restrictions on receiving abortion medication via telemedicine.

There are no restrictions on contraception.

HI Legislation

Idaho

Abortion procedures are prohibited with limited exceptions to protect the life of the mother and in the instance of incest or rape reported to law enforcement under a 2020 trigger law (ID SB 1385) that went into effect on Aug. 25, 2022. Idaho Code § 18-622.

A law enacted in 2023 (ID HB 242) criminalizes taking a minor to get an abortion without parental consent, even in states where the procedure is legal. The law establishes the new felony of “abortion trafficking.”

On Jan. 5, the U.S. Supreme Court put a hold on a lower court ruling that blocked the enforcement of the state’s abortion ban in certain emergency situations. The Court also agreed to hear the case in April 2024. The lawsuit was filed by the Biden Administration and argues that Idaho’s strict abortion ban violates the federal Emergency Medical Treatment and Active Labor Act (EMTALA), which requires hospitals with emergency departments to provide stabilizing care to patients with a medical emergency.

On Jan. 5, 2023, the state supreme court ruled that there is no implicit right to abortion in the state’s constitution and upheld three state laws — prohibiting abortion at conception (ID SB 1385) and after six weeks of pregnancy (ID HB 366), as well as a civil enforcement measure (ID SB 1309) — are constitutional as the state has a “legitimate interest in protecting prenatal fetal life in all stages of development, and in protecting the health and safety of the mother.”

On Aug. 24, 2022, a federal district judge issued a preliminary injunction blocking a portion of the 2020 trigger law that would criminalize performing an abortion on a woman to protect her health. The trigger law did not provide an exception in cases where the mother’s health is at risk. The judge's ruling temporarily protects abortion providers from criminal prosecution in cases to protect the health of a pregnant patient.

Violation of Title 18 Chapter 622 is a felony and punishable by a sentence of imprisonment of no less than 2 years and no more than 5 years in prison. Medical providers who perform abortions would be subject to a 6 month suspension of their license upon first offense and permanent revocation upon any subsequent offenses.

Under Title 18 Chamber 88 a family member may file a civil lawsuit against any medical providers who perform abortions after cardiac activity is detected in the embryo or fetus. The civil action may be for (a) all damages from the medical professionals who knowingly or recklessly attempted, performed, or induced the abortion; (b) statutory damages in an amount not less than $20,000 from the medical professionals and (c) costs and attorney’s fees. A civil cause of action may be pursued even if a criminal prosecution is not pursued.

A law enacted in 2023 (ID HB 242) criminalizes taking a minor to get an abortion without parental consent, even in states where the procedure is legal. The law establishes the new felony of “abortion trafficking.” Anyone found guilty of the felony could face between two to five years in prison. Obtaining abortion drugs for a minor would also qualify. And a civil clause included in the bill would allow family members of the minor or the person who impregnated them to sue the doctors who helped facilitate the procedure for at least $20,000.

In Idaho, medication abortions can be performed by a physician in a hospital, the physician regular office, or a clinic. There is also currently there is no outright ban on abortion via telemedicine, though patients are required to submit to a 24-hour waiting period. All patients must also be informed that they have a right to view ultrasound imaging and heartbeat monitoring.

There are no restrictions on contraception, though earlier this year Rep. Brent Crane (R) expressed interest in legislation to outlaw emergency and long-acting contraceptives.

ID Legislation

Illinois

The state’s high court has recognized abortion protections under the state constitution, and state law protects the procedure. Providers may perform abortions until fetal viability, after which time the abortion may only be performed to protect the life of the mother. 775 ILCS 55/1-25.

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There are no restrictions on receiving abortion medication or receiving abortion medication via telemedicine.

There are no restrictions on contraception. 775 ILCS 55/ The Reproductive Health Act establishes an individuals right to use or refuse contraception.

IL Legislation

Indiana

Currently, abortions are prohibited in the state with narrow exceptions for rape, incest, fatal fetal abnormalities, plus the life and health of the mother. Abortions that are the product of rape or incest would have to be performed within 10 weeks postfertilization. Abortions are also permitted when the long-term health and life of the mother are at risk, as well as for fatal fetal abnormalities. The law terminates the licensure of abortion clinics, meaning the procedure will only be performed at hospitals and ambulatory outpatient surgical centers owned by hospitals.

On June 30, 2023, the Indiana Supreme Court ruled to vacate a lower court’s preliminary injunction that had blocked a state law (IN SB 1) from going into effect shortly after its scheduled effective date in August 2022. Indiana was the first state to enact new restrictions on abortion access after the Dobbs decision last year. The abortion ban will now go into effect on August 1, 2023, which is when the state supreme court’s decision will be officially certified.

On Dec. 2, 2022, a second state judge issued a preliminary injunction to block the state's abortion ban (IN SB 1) for violating the state's religious freedom protections. However, while this injunction will remain in effect, it is limited to only the plaintiffs in the lawsuit. Therefore, abortion law will only remain blocked for those involved in the lawsuit, not the broader public.

The judge granted a request to temporarily block the state's new abortion law because it "substantially burdens" the religious exercise of five Indiana women whose beliefs allow abortions under conditions not permitted under the ban's narrow exceptions. The judge found that the plaintiffs are "reasonably likely to prevail" on their claims that the new law violates Indiana's Religious Freedom Restoration Act.

A person who knowingly or intentionally performs an abortion not expressly permitted commits a Level 5 felony. A physician who performs an abortion on a patient under the age of 18 without first obtaining the consent of the patient's legal guardian is guilty of a Class A misdemeanor. (IC 16-34-2-7)

A woman upon whom a dismemberment abortion was performed is not liable for any damages related to the dismemberment abortion. Nurses, technicians, secretaries, receptionists, employees/agents who are not physicians but act at the direction of one, and A pharmacist or other individual who is not a physician but who fills a prescription or provides instruments or materials used in the dismemberment abortion are not liable for any damages. (IC 16-34-2-8)

Telehealth may not be used to provide any abortion, including the writing or filling of a prescription for any purpose that is intended to result in an abortion. (IC 16-34-1-11)

Abortion inducing drugs may not be dispensed, prescribed, administered, or otherwise given to a pregnant woman after 8 weeks of postfertilization age (10 weeks into pregnancy). Abortion inducing drugs must be dispensed in person and the patient must consume the drug in front of the medical provider.(IC 16-34-2-1).

Requires ultrasound to be conducted at least 18 hours before undergoing an abortion. The patient may certify in writing that they do not wish to view the ultrasound imiaging or listen to the auscultation of the fetal heart tone. (IC 16-34-2-1.1)

There are no restrictions on contraception.

IN Legislation

Iowa

Abortion procedures allowed for up to 20 weeks of pregnancy while a lawsuit over a 6-week ban proceeds. through the appeals process.

In 2018, the Iowa legislature passed a “fetal heartbeat” abortion ban. In early 2022, before the Dobbs decision, a state judge blocked the 2018 law from going into effect and in June 2023, after a multi-year challenge in court, the state supreme court deadlocked on a procedural ruling over the law, and declined the governor’s request to reinstate the 2018 fetal heartbeat law. As a result, Iowa Governor Kim Reynolds (R) called the legislature into a rare special legislative session in July 2023 with the sole purpose of passing new restrictions on abortion procedures. The legislature worked quickly and passed a new law (IA HF 732), which, similar to the 2018 law, bans abortions after cardiac activity has been detected, which is generally about 6 weeks, with limited exceptions.

However, the law was not in effect for long. On July 17, 2023, a district court judge placed a temporary injunction on the law. In his ruling granting the temporary injunction, the district court judge cited the “undue burden” standard, which prohibits creating a significant obstacle to abortion. Notably, the ruling does allow the state’s Board of Medicine to proceed with the rulemaking to enforce the law in case it ever goes into effect in the future. Gov. Reynolds announced that she plans to appeal the temporary injunction on the law and vowed “to fight this all the way to the Supreme Court,” setting the stage for another lengthy legal battle in the state.

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In Iowa, medication abortions can be performed until the 20th week of pregnancy. There are no restrictions on receiving abortion medication via telemedicine. A rule issued by the Iowa Board of Medicine that would have required doctors to see abortion patients in person was struck down by the Iowa Supreme Court in 2015.

There are no restrictions on contraception.

Iowa law protects health insurance coverage of contraception by establishing that:

"a group policy or contract providing for third-party payment or prepayment of health or medical expenses shall not do either of the following: a. Exclude or restrict benefits for prescription contraceptive drugs or prescription contraceptive devices which prevent conception and which are approved by the United States food and drug administration, or generic equivalents approved as substitutable by the United States food and drug administration, if such policy or contract provides benefits for other outpatient prescription drugs or devices. b. Exclude or restrict benefits for outpatient contraceptive services which are provided for the purpose of preventing conception if such policy or contract provides benefits for other outpatient services provided by a health care professional."

The law applies to public and private policies and contracts. Iowa Code § 514C.19

IA Legislation

Kansas

Abortion procedures are legal until 22 weeks of pregnancy. In 2019, the state supreme court ruled that a pregnant woman’s right to personal autonomy is protected in the state constitution.

Although Kansas has a Democratic governor, Republicans hold a supermajority in both chambers of the legislature, which could allow them to overturn a gubernatorial veto. Although a 2019 state supreme court decision found that the state constitution protects a woman's right to an abortion, Kansas lawmakers referred a ballot measure to the voters to overturn this decision.

On August 2, 2022, voters rejected amend the state constitution that would have stated that nothing within the constitution creates a right to abortion or government funding for abortion. This would have given the state legislature the authority to pass laws regarding abortion.

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Kansas Statute 65-4a10 requires RU-486 (mifepristone) or other medications to induce abortions to be used in the same room and in the physical presence of the physician who prescribed, dispensed or otherwise provided the drug to the patient.

On November 23, 2022, a Kansas judge granted a temporary injunction to block enforcement of the law.

There are no restrictions on contraception.

KS Legislation

Kentucky

Currently, under a 2019 trigger law, abortion procedures are prohibited in the state unless the mother is at risk of death or serious permanent injury. There is no exceptions for rape or incest.

A state appeals judge, on Aug. 2, 2022, reinsituted the 2019 trigger law after a lower court judge temporarily blocked the trigger law and and an older six-week ban on June 30, 2022.

Before an appeals judge reinstated the trigger law, a 15-week abortion ban was in effect after a federal judge lifted part of an injunction, allowing a 2022 law (KY HB 3) banning abortions after 15 weeks to go into effect. However, portions of that law that restrict abortion medications and abortions for minors are still blocked.

On Nov. 8, 2022, voters rejected a legislatively referred constitutional amendment that would have amended the state constitution to state that there is no constitutional right to an abortion in Kentucky and that the state is not required to pay for an abortion in Kentucky. The rejection of this measure means that abortion could potentially still be restricted in Kentucky via the legislature, however, the rejection of this measure keeps alive a legal challenge currently underway to block the state’s current abortion law.

The 2019 trigger law provides that any person who performs an abortion or prescribes abortion medication will be guilty of a Class D felony and could face up to five years in prison.

Kentucky law requires doctors to be in the room with a patient when they prescribe abortion medication. Additionally, in Kentucky an abortion can only be performed by a physician if they determine the abortion is necessary or they receive a written statement by a referring physician that an abortion is necessary. KRS § 311.723.

There are no restrictions on contraceptives. The 2019 trigger law law states that "Nothing in this section may be construed to prohibit the sale, use, prescription, or administration of a contraceptive measure, drug, or chemical, if it is administered prior to the time when a pregnancy could be determined through conventional medical testing and if the contraceptive measure is sold, used, prescribed, or administered in accordance with manufacturer instructions."

KY Legislation

Louisiana

Abortions are prohibited starting from conception, under a 2006 trigger law (LA SB 33), now in effect. The law has an exception in the case of a threat to the life of a pregnant woman, but there are no exceptions for rape or incest. La. Stat. §40:1061.

On Aug. 1, 2022, a state judge signed an order that suspended a preliminary injunction against the law, after he was ordered to do so by a three-judge panel on the First Circuit Court of Appeals. On July 21, 2022, the state judge issued a preliminary injunction blocking the trigger law from being enforced. This follows a temporary restraining order that the judge issued on July 12, 2022.

On Aug. 12, 2022, the state supreme court rejected an appeal from abortion providers asking the court to block the state’s 2006 trigger law.

Louisiana’s state constitution explicitly states it does not provide a right to an abortion. But abortion providers in the state argue that the trigger laws violate due process provisions in the constitution and are “void for vagueness” because they do not provide specifics about what is legal or not under the law.

Under one Louisiana law, abortion providers face possible jail time of 10 or 15 years, depending on when the pregnancy was terminated. La. Stat. §40:1061.

In Louisiana, abortions can only be induced by a Louisiana licensed physician that is board certified in obstetrics and gynecology or family medicine or is enrolled in a residency program for obstetrics and gynecology or family medicine. La. Stat. § 40:1061.10. Providing a prescription for abortion medication via a Telehealth visit is prohibited. La. Stat. §40:1061.

There are no restrictions on contraception.

LA Legislation

Maine

State law protects abortion.

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In Maine, medication abortions can be performed until a fetus is viable. M.R.S.A § 1598. State law is silent regarding specific abortion medication availability via telehealth.

All health insurance policies must provide coverage for out-patient contraceptive services. 24-A-33-2755

ME Legislation

Maryland

State law protects abortion before viability. Maryland enacted SB 162 in 1991 and confirmed the law with a 62% vote during a referendum held the following year.

In May 2023, Gov. Wes Moore (D) signed into law legislation (MD HB 705) placing a constitutional amendment before voters in 2024. If approved, the amendment would affirm that Marylanders have a “fundamental right to reproductive freedom,” including the right to prevent, continue, or end one’s pregnancy.

The governor also signed a “shield” bill into law (MD SB 859), which will shield health care providers from liability if they help out-of-state patients receive an abortion.

In April 2022, the legislature overrode Governor Hogan's veto to pass HB 937 to increase access to providers and insurance coverage.

Providers must provide parental notification Md. Code Ann., Health-Gen. II § 20-103(a)

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In Maryland, medication abortions can be performed by a qualified provider. Md. Code Ann. § 20-208. There are no restrictions on receiving abortion medication via telemedicine.

There are no restrictions on contraception.

MD Legislation

Massachusetts

Abortions may be performed for any reason up to 24 weeks. Mass. General Laws c.112 § 12M. After 24 weeks, abortions may be performed only if it is necessary, in the best medical judgment of the physician, to preserve the life of the patient, to preserve the patient’s physical or mental health or because of a lethal fetal anomaly or the fetus is incompatible with sustained life outside the uterus. Mass. General Laws c.112 § 12N.

The state’s high court has recognized the right to abortion under the state constitution.

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In Maryland, a physician, physician assistant, nurse practitioner, or nurse midwife may perform abortions, including medication abortions, if the pregnancy has existed for less than 24 weeks. Mass. General Laws c.112 § 12M. There are no restrictions on receiving abortion medication via telemedicine.

There are no restrictions on contraception.

MA Legislation

Michigan

On Nov. 8, 2022, voters in Michigan approved an amendment to the state constitution to include a right to reproductive freedom, including the right to an abortion. The constitutional amendment won’t go into effect until 45 days after the election, Dec. 23, 2022, but the amendment should decide the challenges against the 1931 law in the challenger's favor, permanently blocking enforcement of the law in Michigan.

Previously, on Sep. 7, 2022, a state judge ruled that a 1931 law banning abortion violates the state constitution and cannot be enforced.

In 2023, the state enacted a law (MI HB 4006) that repealed the state’s 1931 abortion ban law that was still technically on the books but unenforceable after voters approved an amendment to the state constitution last year adding a right to reproductive freedom.

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In 2023 Michigan enacted SB 474 which repealed provisions requiring medication abortions to be performed by a physician or a licensed individual who is qualified by education and training to perform an abortion after performing a physical examination. Medication abortions cannot be performed via telehealth. M.C.L.A. § 331.17017.

There are no restrictions on contraception.

MI Legislation

Minnesota

The state’s high court has recognized the right to abortion under the state constitution.

In 2023, the state enacted SF 2995 which repealed several abortion regulating statutes, including requirements that abortions be performed physically in a hospital by a physician.

There are currently no penalties or liabilities for either the woman or the abortion provider.

There are no restrictions on abortion medications or receiving abortion medication via telemedicine.

There are no restrictions on contraception. State law requires hospitals providing emergency care to female sexual assault victims to provide information on emergency contraception and to immediately provide emergency contraception to each sexual assault victim who requests it.

MN Legislation

Mississippi

A 2007 law (MS SB 2391) banning nearly all abortions took effect on July 7, 2022. The 2007 law includes exceptions to protect the life of the mother and in the instance of rape reported to law enforcement. It does not have an exception for pregnancies caused by incest.

In the brief time between the Dobbs decision and when the 2007 law took effect, a 2018 law (MS HB 1510) banning abortions after 15 weeks of pregnancy was in effect.

Penalties for an abortion procedure fall within a broad definition, including a felony charge, a fine of up to $25,000, two years in prison, or both.

Abortion medication must be prescribed in the physical presence of a clinician after an examination. Miss. Code Ann. § 41-41-107.

There are no prohibitions of contraceptives at this time.

MS Legislation

Missouri

Missouri Statute 188.017 bans abortion with no exceptions for rape or incest, but with an exception for medical emergency, defined in 188.015 as a "condition which, based on reasonable medical judgment, so complicates the medical condition of a pregnant woman as to necessitate the immediate abortion of her pregnancy to avert the death of the pregnant woman or for which a delay will create a serious risk of substantial and irreversible physical impairment of a major bodily function of the pregnant woman."

Any person who knowingly performs or induces an abortion shall be guilty of a class B felony as well as subject to suspension or revocation of his or her professional license by his or her professional licensing board, according to Missouri Statute 188.017. A woman upon whom an abortion is performed shall not be prosecuted for a conspiracy.

Missouri Statute 188.021 requires RU-486 (mifepristone) or any drug or chemical used for the purpose of inducing an abortion to be administered in the same room and in the physical presence of the physician who prescribed, dispensed, or otherwise provided the drug.

There are no restrictions on contraception. Missouri Attorney General Eric Schmitt has stated that contraception and Plan B are legal under state law.

MO Legislation

Montana

Abortion procedures are currently legal in Montana up to viability, which is defined by statute as 24 weeks. The right to a pre-viability abortion was upheld by the Montana Supreme Court in 1999.

On February 29, 2024, a state judge declared three laws restricting abortion access to be unconstitutional. The three laws were passed by the legislature in 2021 and ban abortion after 20 weeks, prohibit telehealth abortions, and require a 24-hour waiting period and ultrasound prior to an abortion. In the decision, the judge referenced a 1999 decision from the state supreme court that determined the state’s constitutional right to privacy protected abortion access. The state plans to appeal the ruling.

The state enacted a handful of abortion-related bills in 2023, including a law (MT SB 154) that explicitly excludes the right to an abortion from a constitutional right to privacy. This contradicts a decision by the state supreme court and a legal review note accompanying the bill said it was at odds with the state constitution. A new law (MT HB 625) requires doctors to save any infant born alive after an abortion later in pregnancy, which is the same issue voters rejected in a 2022 ballot measure. Finally, another new law (MT HB 303) provides protections for medical practitioners and facilities that object to participation in health care services based on conscience, defined as “ethical, moral, or religious beliefs or principles.”

On May 4, 2023, a state judge issued a temporary restraining order blocking another new law (MT HB 575), which would ban abortions after 24 weeks with a definition for viability by that stage of development, and it requires medical practitioners to perform and keep a record of an ultrasound. The judge ruled that the new law likely violates the state constitution’s right to a pre-viability abortion under a 1999 state supreme court ruling.

On Aug. 9, 2022, the state supreme court upheld a district court’s preliminary injunction blocking three laws enacted in 2021 that would ban abortion after the 20-week point of pregnancy; eliminate telehealth services for medication abortion and create informed consent rules; and require abortion providers to offer the opportunity to view an ultrasound. The state supreme court’s ruling will ensure that the three laws remained blocked while court proceedings continue.

On Nov. 8, 2022, voters narrowly rejected a ballot measure that would have required medical workers to provide care to infants born prematurely or in rare instances of surviving an attempted abortion or face penalties. In Montana, it is already illegal to knowingly or negligently cause the death of a premature, viable infant.

If Montana Statute 50-20-603 stands, a person who performs an abortion is guilty of a felony, subject to subject to a fine not to exceed $1,000, imprisonment in the state prison for a term not to exceed 5 years, or both.

In Montana, medication abortions can be performed by a physician or a physician's assistance within the first 20 weeks of pregnancy. Montana Statute 50-20-109. There are no restrictions on receiving abortion medication via telemedicine.

There are no restrictions on contraception.

MT Legislation

Nebraska

Abortion procedures are prohibited after 12 weeks of gestation with exceptions for rape, incest, and life-saving procedures but there is no exception for fetal anomalies.

On May 23, 2023, Gov. Jim Pillen (R) signed a 12-week abortion ban bill (NE LB 574) into law. The abortion restrictions went into effect immediately and restrict abortion after 12 weeks of gestation. Previously, abortion procedures had been legal up to 20 weeks under a 2010 law NE LB 1103.

Section 7 of LB 1103 establishes a Class IV Felony for any doctor who performs an abortion in violation of set standards.

Nebraska requires a physician to be present and prohibits the use of telehealth to administer abortion medication. Neb. Rev. Stat. § 28-327.

There are no restrictions on contraception.

NE Legislation

Nevada

State law protects abortion through 24 weeks of pregnancy. The law was affirmed by voters in a 1990 ballot measure and can only be changed by a voter referendum. Abortions may only be performed by a licensed physician, and informed consent is required.

If a physician violates the requirements of the state abortion law, that person is guilty of a misdemeanor.

In Nevada, abortion medication must be provided by a physician licensed to practice in Nevada and must occur within the first 24 weeks of pregnancy. N.R.S. § 442.250. There are no restrictions on receiving abortion medication via telemedicine.

There are no restrictions on contraception.

NV Legislation

New Hampshire

The state repealed a pre-Roe ban on abortion in 1997. Despite a Republican legislature, Governor Sununu (R) announced in early May, “I’m a pro-choice governor and as long as I’m governor, we’re going to remain a pro-choice state.” Abortions are legal in the state for the 1st 24 weeks of a pregnancy. After that they are banned with exceptions for fatal fetal diagnosis or if the life of the mother is in danger. Hyperlink

There are currently no penalties or liabilities for either the woman or the abortion provider. Minors must obtain written consent from a parent or guardian at least 48 hours before having an abortion. Hyperlink

In New Hampshire, medication abortions can be performed by a health care provider until the 24th week of pregnancy. N.H. Rev. Stat. § 329:44. It is unclear whether abortion medication can be provided via telehealth. New Hampshire had had a requirement that women receive an ultrasound prior to having an abortion (including if they had a telemedicine visit), that was recently overturned in cases where it wasn't medically necessary. During the COVID-19 Pandemic HB 1623 was enacted, which permanently extended provisions of telehealth. Hyperlink

In 2018 NH passed SB 421 into law, which clarified insurance coverage for prescription contraceptives. The law required insurance companies to dispense an amount of contraceptives that lasted at least 12 months. Hyperlink

NH Legislation

New Jersey

New Jersey has some of the strongest protections for abortion in the country and abortion is legal in the state throughout all stages of the pregnancy. New Jersey took further steps to ensure access to abortion by enacting legislation (NJ SB 49) in January 2022 that codifies the right to reproductive choice under the state constitution.

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New Jersey law is silent about who may prescribe and dispense abortion medication. According to the New Jersey Office of the Attorney General, a patient can get a prescription for medication abortion through an online telehealth appointment with a New Jersey provider.

Along with guaranteeing the right to reproductive choice, NJ SB 49 codifies the constitutional right to access contraception.

NJ Legislation

New Mexico

In 2023, the state enacted a law (NM HB 7) that prohibits cities and public schools in New Mexico from interfering with a person’s access to abortion or gender-affirming care. Also in 2023, the state enacted a law (NM SB 13) that protects providers of abortions from related prosecution, professional disciplinary action, or extradition attempts by out-of-state interests.

Providers can face criminal penalties for not complying with the ban on D&X procedures. Hyperlink

New Mexico law is silent about who may prescribe and dispense abortion medication. New Mexico residents are able to get access to abortion medication via telemedicine. Hyperlink

In 2019 NM HB 89 was enacted, which guaranteed people in the state the right to obtain confidential and affordable contraception and similar services. Applies to people who are both over and under the age of 18 as well as regardless of if they have health insurance. Hyperlink

NM Legislation

New York

New York legalized abortion in 1970 for women within the first 24 weeks of pregnancy. Chapter 127 of the Laws of New York. In 2019, New York enacted the Reproductive Health Act, allowing abortions after 24 weeks if the health/life of the patient is at risk or the fetus is not viable. Chapter 45, Article 25-A.

On July 1, 2022, Governor Kathy Hochul (D) issued a proclamation to expand the topics considered in the special legislative session to include adding abortion access to the state’s constitution. Once passed this year by the legislature, the constitutional amendment would still need to be passed again next year before it can be approved by a public referendum in November 2023.

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There are no restrictions on who can prescribe or dispense abortion medication or receiving abortion medication via telemedicine. Section 756.3.

There are no restrictions on contraception.

NY Legislation

North Carolina

Under a 2023 law, abortion procedures are prohibited in North Carolina after 12 weeks of pregnancy with exceptions through 20 weeks for cases of rape and incest and through 24 weeks for “life-limiting” fetal anomalies. A medical emergency exception also remains in place.

On May 16, 2023, lawmakers successfully overrode Gov. Roy Cooper’s (D) veto of a 12-week abortion ban (NC SB 20), down from the previous 20-week restriction, which went into effect on July 1, 2023.

On July 6, 2022, Governor Roy Cooper signed an executive order that attempts to protect access to reproductive services in the state by banning any state agency or state employee from using resources to restrict a woman's ability to obtain an abortion.

Penalties for unlawful abortions in North Carolina vary. If an abortion provider participates in an unlawful abortion, that provider could be charged with a Class H felony, a Class I felony, or a Class 1 misdemeanor. A Class H felony carries a fine and/or up to 10 years in prison. A Class I felony carries a fine and/or up to 5 years in prison.

In North Carolina, a physician prescribing, administering, or dispensing an abortion-inducing drug must examine the woman in person. 90-21.83B

Access to and use of contraceptives in North Carolina is currently protected.

NC Legislation

North Dakota

North Dakota prohibits abortion procedures, except in cases where women could face death or a “serious health risk.” People who perform abortions could be charged with a felony under the law. The state’s revised abortion laws also provide an exception for pregnancies caused by rape and incest, but only in the first six weeks.

After state courts blocked a 2007 trigger ban (ND HB 1466) from taking affect post-Dobbs, state lawmakers enacted a new abortion ban (ND SB 2150) in April 2023.

The trigger law passed in 2007 made it a Class C felony for anyone (other than the pregnant mother) to perform an abortion except when necessary to protect the life of the mother or in the case of rape or incest.

ND law 14-02.1-03.5(5) states that "when an abortion-inducing drug or chemical is used for the purpose of inducing an abortion, the drug or chemical must be administered by or in the same room and in the physical presence of the physician who prescribed, dispensed, or otherwise provided the drug or chemical to the patient."

There are no restrictions on contraception.

ND Legislation

Ohio

Currently, abortion procedures are legal up to 22 weeks after pregnancy in Ohio.

On Nov. 8, 2023, voters approved Issue 1, an amendment to the state constitution that protects reproductive health care access in the state, including access to abortion procedures.

On Oct. 7, 2022, a state judge issued a preliminary injunction that blocks enforcement of the state’s 2019 “heartbeat law” (OH SB 23) criminalizing all abortions performed after the detection of fetal cardiac activity, which is about six weeks into a pregnancy. The judge wrote that, "No great stretch is required to find that Ohio law recognizes a fundamental right to privacy, procreation, bodily integrity, and freedom of choice in health care decision making." The judge originally blocked the law with a temporary restraining order on Sep. 14, 2022.

In March 2023, the state supreme court agreed to review a couple of legal questions about whether abortion clinics can challenge the state's ban on most abortions, but not the underlying question of whether the state constitution creates a right to abortion. In the meantime, the state’s 6-week ban will remain blocked.

Violation of the 2019 heartbeat law (OH SB 23) is a felony of the fifth degree and may be the basis for a civil action for compensatory and exemplary damages.

In Ohio, abortion medication can only a physician can dispense or administer abortion inducing medication. Ohio R.C. §2919.123. Ohio requires at least one in-person visit 24 hours before an abortion. Lawmakers enacted an explicit telemedicine abortion ban in 2021, but a judge blocked that law from going into effect.

There are no restrictions on contraception.

OH Legislation

Oklahoma

Under a 1910 law, intentionally performing an abortion on a woman is a felony, punishable by up to five years in prison, unless it is “necessary to preserve her life.” 21 OK Stat § 21-861.

On May 31, 2023, the state supreme court ruled that two laws that restricted abortion access were unconstitutional. However, the state’s 1910 law that prohibits most abortions in the state (unless they are necessary to save the life of the mother) will remain in place. The two laws that were overturned were passed last year and provided civil penalties that relied on lawsuits from private citizens to enforce them. One law prohibits abortions after a heartbeat is detected (OK SB 1503) and the other bans abortion procedures from the point of fertilization (OK HB 4327). Both laws provided exceptions for “medical emergencies” but the justices found this too narrow in light of a previous decision where the court found that a pregnant woman has an "inherent right" to end a pregnancy when her life is in danger.

In a memorandum dated Aug. 31, 2022, the state attorney general provided guidance to law enforcement in the state clarifying the exceptions to the abortion ban: "Nor do Oklahoma abortion prohibitions apply to unintentional miscarriages and miscarriage management (such as the removal of a dead child), ectopic pregnancies and treatments, in vitro fertilization (IVF) and other fertility treatments, or uses or prescription of contraception, including Plan B. "

Another 2022 law (OK SB 612) went into effect on Aug. 27, 2022, and adds criminal penalties for any person convicted of performing or attempting to perform an abortion.

Under a 2022 law (OK SB 612), any person convicted of performing or attempting to perform an abortion is guilty of a felony punishable by a fine not to exceed $100,000 or a maximum sentence of imprisonment of 10 years, or both

Oklahoma law also allows any person to bring a civil action against any person that performs an abortion, intends to perform an abortion, or knowingly aids or abets to performing of an abortion — including paying for or reimbursing the costs of an abortion through insurance. Damages include injunctive relief to prevent violation of the abortion ban, at least $10,000 in statutory damages per act, nominal and compensatory damages, and court costs and attorney fees. Okla. Stat. tit. 63, § 1-745.35.

Oklahoma law prohibits aiding and abetting the commission of an unlawful abortion, which may include advising a pregnant woman to obtain an unlawful abortion. 21 O.S. §§ 171-172, 861. In a memorandum dated Aug. 31, 2022, the state attorney general provided guidance to law enforcement in the state clarifying that "law enforcement should entirely refrain from investigating or prosecuting persons engaging in general advocacy in favor of abortion." However, law enforcement should consider pursuing a case "where a person has advised or encouraged a woman to obtain an unlawful abortion in some imminent way, especially if the third party has taken an overt or tangible action toward that goal."

In Oklahoma, abortion medication can only be administered by a physician who must be in the same room as the patient. Okla. Stat. tit. 73, § 1-729a;1-729.1. In 2020 an Oklahoma judge chose no to suspend a 2012 state law that banned the use of telemedicine for medical abortions. Hyperlink. Several articles online indicate that women are able to use telemedicine to get abortion medication in Oklahoma, provided that they have had at least 1 in person visit beforehand. Hyperlink

Plan B is prohibited to be given to women under the age of 17 unless they have a prescription. Women over the age of 17 are able to get Plan B without a prescription. Oklahoma Pharmacy Law Book (2021).

Lawmakers are debating a bill (OK SB 1225) that would require parental notification before any minor child can be given any medication including contraceptives. The senate has approved legislation but it is still being debated in the house.

OK Legislation

Oregon

State law protects abortion throughout pregnancy. There are no bans on abortion in Oregon but providers are required to submit reports to the state. OR. REV. STAT. § 435.496.

Oregon provides public funding for abortion and requires private insurance coverage of abortions OR. REV. STAT. § 743A.067. In 2022, the Oregon legislature appropriated $15 million to the Reproductive Health Equity Fund to provide immediate support, including travel expenses and lodging, for people seeking abortions in Oregon. OR HB 5202 Sec. 368

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There are no restrictions on dispensing or administering abortion medication or receiving abortion medication via telemedicine.

There are no restrictions on contraception.

OR Legislation

Pennsylvania

Pennsylvania does not have explicit protections for abortion under state law.

The Abortion Control Act was passed in 1982. Abortion is permitted up until 24 weeks of pregnancy. After 24 weeks, there is an exception if a physician reasonably believes that the abortion is necessary to prevent either the death of the pregnant woman or the substantial and irreversible impairment of a major bodily function of the woman. A 24 hour waiting period is required after receiving mandatory counseling. Parental consent is required for women under the age of 18, although a court order may be obtained to bypass this requirement.

On July 8, 2022, the House and Senate passed Senate Bill 106. The bill is a constitutional amendment that would declare that there is no right to abortion in Pennsylvania, and no guarantee that taxpayer funding can be used for abortions. The identical bill would need to pass the state legislature again in the 2023-2024 session before being placed on the ballot.

The Abortion Control Act imposes civil penalties on physicians for violating its medical consulting or informed consent provisions. The Act also imposes criminal penalties for making false statements. The Act does not set any criminal penalties for a woman who undergoes an abortion.

In Pennsylvania, abortion medication can only be provided by a physician within the first 24 weeks of pregnancy. 18. Pa.C.S.A. § 3204; 3211. There are no restrictions on receiving abortion medication via telemedicine. In 2020, Governor Wolf (D) vetoed a bill that would have made it illegal to obtain an abortion via telemedicine.

There are no restrictions on contraception. State law prohibits the state from interfering with “medically appropriate methods of contraception or the manner in which medically appropriate methods of contraception are provided.” 18 Pa. Stat. § 3208.1.

PA Legislation

Rhode Island

In 2019, the state codified abortion rights under the Reproductive Privacy Act. Rhode Island, its agencies, and its political subdivisions cannot restrict an individual from terminating their pregnancy prior to fetal viability or after fetal viability when necessary to preserve the health or life of that individual as determined by a physician. If a physician performs an abortion after fetal viability to preserve the health or life of the individual receiving the abortion, the physician’s medical justification of the necessity for the procedure must be recorded in the patient’s medical record.

Rhode Island requires women to give their informed consent in writing prior to receiving abortion services. R.I. Gen. Laws § 23-4.7-2.

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There are no restrictions on on abortion mediation or receiving abortion medication via telemedicine.

There are no restrictions on contraception. All health insurance plans in Rhode Island that provide prescription coverage include F.D.A. approved contraceptive drugs and devices under that coverage.

RI Legislation

South Carolina

Under a 2023 law, abortion is prohibited once an ultrasound detects cardiac activity, which typically takes place in about 6 weeks, and requires any woman seeking an abortion to first have two in-person doctors’ visits and two ultrasounds. There are exceptions for fatal fetal anomaly, rape, incest, and the patient’s life and health up to 12 weeks.

On Aug. 23, 2023, the state supreme court ruled that the 6-week abortion ban (SC SB 474) is constitutional. The ruling overturns an earlier decision from the court which blocked a 2021 6-week ban and puts the 2023 ban into effect immediately.

Under the 2023 law, under a law currently blocked by court order, anyone who violates the ban is guilty of a felony and, upon conviction, must be fined $10,000, face prison time of up to two years or both. Physicians or medical providers found guilty of performing illegal abortions will also have their licenses revoked. Pregnant women upon whom an abortion is performed in violation of the law can seek actual and punitive damages against the violator. SC SB 474 (2023).

In South Carolina, abortion medication can be provided by a physician within the first six weeks of pregnancy. S.C. Code § 44-41-20. Prescription of abortion-inducing drugs via telemedicine is prohibited. South Carolina Code of Laws, Section 40-47-37

There are no restrictions on contraception.

SC Legislation

South Dakota

Under a 2005 trigger law, now in effect, abortion is banned. The only exception is to protect the life of the mother. There is no exception for rape or incest. S.D. Codified Laws § 22-17-5.1.

On July 15, 2022, Governor Kristi Noem (R) reversed her initial plan to call a special legislative session this year to address abortion restrictions in the state. When the U.S. Supreme Court’s decision first leaked in May, Noem tweeted that she would “immediately call for a special session to save lives” if Roe was overturned. However, the governor now says that after consulting with state legislative leaders, the issue can be taken up in next year’s regular legislative session. South Dakota already has a trigger law in place that bans abortion unless necessary to protect the life of the mother. The current law has no exceptions for rape or incest. The chairman of the South Dakota Freedom Caucus was critical of the governor’s change of plans, saying an immediate special session was necessary "to close the loopholes” in the state’s current abortion ban.

Under South Dakota's trigger law, any person who administers an abortion is guilty of a Class 6 felony. S.D. Codified Laws § 22-17-5.1.

Under South Dakota's trigger law, abortion medication can only be prescribed or dispensed to save the life of the mother. S.D. Codified Laws § 22-17-5.1. HB1318 prohibits medical abortion through telemedicine. HB 1318 was signed by the Governor on March 23, 2022.

There are no restrictions on contraception.

SD Legislation

Tennessee

Performing or attempting to perform an abortion procedure is criminalized in Tennesee with limited exceptions for cases where it is necessary to prevent death or serious and permanent bodily injury to the mother. Tenn. Code Ann. § 39-15-213.

In 2023, lawmakers enacted a law (TN SB 745) providing narrow exceptions to the abortion ban. The new exceptions allow physicians to perform abortions in limited medical emergencies: molar or ectopic pregnancies, to remove a miscarriage, to save the life of the mother, and “prevent serious risk of substantial and irreversible impairment of a major bodily function of the pregnant woman.”

The 2019 trigger law (TN SB 1256) went into effect on Aug. 25, 2022. Previously, a six-week ban was in effect.

Doctors will be charged with a Class E Felony, and upon conviction, could be fined up to $50,000, be imprisoned for a term not to exceed 20 years, or potentially both.

In Tennessee, medication may be prescribed only in the physical presence of a physician after a in-person examination within the first six weeks of pregnancy. T.C.A. § 39-15-218. Access to abortion medication via telemedicine is prohibited.

There are no current prohibitions on contraceptives.

TN Legislation

Texas

Two laws currently ban abortion procedures in Texas. A trigger law went into effect on Aug. 25, 2022. The 2021 trigger law (TX HB 1280) makes performing an abortion a felony punishable by up to life in prison. The law also includes narrow exceptions to save the life of the mother. Additionally, a 1925 law banning abortion exposes abortion providers to lawsuits and financial penalties if they continue to perform the procedure. Neither laws include exceptions for cases of rape, incest, or where the mother’s health is at risk.

There's a third law (TX SB 8) enacted in 2021 banning abortions after 6 weeks but is presumably superseded by the 2021 trigger law's ban from the moment of fertilization.

In July, the Centers for Medicare and Medicaid Services (CMS) issued guidance to hospitals that the federal Emergency Medical Treatment and Active Labor Act (EMTALA) preempts any state law that bans performing an abortion when a woman’s health is at risk. Texas filed a lawsuit challenging the guidance and on Aug. 23, 2022, a federal district court judge ruled that the requirements set forth in EMTALA do not conflict with the state’s strict abortion laws, allowing Texas’ full abortion ban — which includes an exception to save the life of the mother but not in cases where the mother’s health is at risk — to go into effect as scheduled.

Under the 2021 law (TX SB 8) banning abortion after 6 weeks, a private citizen may sue anyone who knowingly or intends to "aid and abet" a prohibited abortion and allows that citizens to be awarded up to $10,000 if they win.

In Texas, medication abortion can only be provided by a physician and is banned after 49 days (7 weeks) of gestational age. Health Code Sec. 171.063(c)(6). Texas requires the physical presence of the prescribing clinician when providing abortion-inducing drugs, effectively banning telemedicine provision of medication abortion. Health Code Sec. 171.063(c)(1).

There are no restrictions on contraception.

TX Legislation

Utah

Currently, a 2019 law (UT HB 136) prohibiting abortions after 18 weeks of pregnancy is in effect.

A state judge has blocked a 2020 trigger law (UT SB 174) from going into effect. The judge placed a temporary injunction to block the law on June 24, 2022, and then a preliminary injunction on July 11, 2022, after hearing arguments. The trigger law would ban abortions at any stage of pregnancy in the state but includes exceptions if the mother is at risk of death or permanent injury and for severe fetal abnormalities or in the cases of rape or incest, but only if they are reported to the police.

On May 2, 2023, a state judge blocked a 2022 law (UT HB 467) from going into effect. The law would have prohibited the state from renewing or issuing licenses for abortion clinics beginning May 2, 2023. The bill requires abortions to be performed in hospitals with limited exceptions. Out-of-state providers wouldn’t be able to prescribe drugs to Utahns to cause an abortion. It also puts a limit on abortions due to rape or incest so survivors wouldn’t be able to get an abortion after 18 weeks.

Section 76-7-314 of UT HB 136 provides a list of relevant penalties for providers who perform an unlawful abortion. Providers who act in violation of this section may be charged with second or third degree crimes. Any physician who knowingly performs a partial birth abortion and thereby kills a human fetus shall be fined, imprisoned, or both.

In Utah, abortion medication may be provided by a physician and must be taken in a hospital unless there is a medical emergency that makes is necessary for the medication to be taken in another location. Utah Code Ann. 76-7-302.

Only an individual licensed as a physician is authorized to prescribe an abortion-related drug. Utah Code Ann. 76-7-331

There are no restrictions on contraception.

UT Legislation

Vermont

State law and the state constitution protect abortion throughout pregnancy. Under a 2019 law, the state recognizes “the fundamental right of every individual who becomes pregnant to choose to carry a pregnancy to term, to give birth to a child, or to have an abortion.” The law does not restrict abortion at any time during pregnancy.

On Nov. 8, 2022, voters in Vermont approved a ballot measure that adds to the state constitution the right to an abortion. While Vermont law already grants the right to an abortion, by including the right to an abortion in the state constitution, any future attempts to restrict or ban abortion are likely to be unsuccessful.

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There are no restrictions on abortion medications or receiving abortion medication via telemedicine.

There are no restrictions on contraceptives.

VT Legislation

Virginia

Abortion will most likely stay accessible, though it is not expressly protected by state law. Governor Youngkin has expressed support for a 15-week abortion ban, however split control of the state legislature may prevent significant changes.

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In Virginia, physicians or nurse practitioners to prescribe abortion medication during the first trimester. VA Code Ann. § 18.2-72. On July 1st, 2022 SB 672 went into effect which allows abortion medication to be prescribed over tele-health to those nine weeks or less pregnant.

There are no restrictions on contraception.

VA Legislation

Washington

State law protects abortion, and recent laws expand access to providers.

Right to have and provide. RCW 9.02.110 The state may not deny or interfere with a pregnant individual's right to choose to have an abortion prior to viability of the fetus, or to protect the pregnant individual's life or health. A physician, physician assistant, advanced registered nurse practitioner, or other health care provider acting within the provider's scope of practice may terminate and a health care provider may assist a physician, physician assistant, advanced registered nurse practitioner, or other health care provider acting within the provider's scope of practice in terminating a pregnancy as permitted by this section.

WA HB 1851 Preserving a pregnant individual's ability to access abortion care. The sovereign people hereby declare that every individual possesses a fundamental right of privacy with respect to personal reproductive decisions.

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In Washington, physicians, physician's assistants, advanced registered nurse practitioners, or other health care providers acting within the scope of their practice can provide abortion medication. RCW 9.02.110. There are no restrictions on receiving abortion medication via telemedicine.

There are no restrictions on contraception.

WA Legislation

West Virginia

Currently, abortion procedures are prohibited from implantation with narrow exceptions to save the pregnant person’s life or in cases of rape or incest, so long as the victim reports the crime.

The 2022 law (WV HB 302) includes exceptions for victims of rape or incest but limits the procedure to before eight weeks of pregnancy, or 14 weeks for people who are under 18 years old. Doctors who violate the law may lose their medical licenses but will not face criminal penalties. Anyone other than a licensed physician with hospital admitting privileges who performs an abortion faces felony charges and up to five years in prison. However, the criminal provisions of the law will not go into effect until 90 days after passage, which will be on Dec. 12, 2022.

Under the 2022 bill, effective Dec. 12, 2022, doctors who violate the law may lose their medical licenses but will not face criminal penalties. Anyone other than a licensed physician with hospital admitting privileges who performs an abortion faces felony charges and up to five years in prison. Those who receive abortions do not face any penalties.

The 1882 law carries a penalty of three to 10 years in prison for an individual who administers an abortion or causes a pregnant person take a drug that leads to an abortion. If the individual dies as a result of the abortion, the statute declares that the assisting individual shall be guilty of murder.

In West Virginia, abortion medication can be provided by a physician or their agent. W. Va. Code § 16-2i-2. State law provides abortion medications via a telemedicine appointment.

There are no current prohibitions on contraceptives. Applicable insurance statutes declare that, "prescription contraceptives are basic health-care for West Virginia's women and families and that health insurance plans which include a prescription drug plan should be required to cover contraceptives." Furthermore, the Family Planning Access Act provides explicit access to hormonal birth control.

WV Legislation

Wisconsin

An 1849 law banning abortions in every instance except to save the mother's life is still on the books. W.S.A. 940.0. However, a state judge issued an opinion on Dec. 5, 2023, that reaffirms her ruling that the state’s 1849 law does not apply to abortions, and therefore does not ban the procedure in the state. The state prosecutor defending the law said that he would appeal the decision to the state’s supreme court. And while the judge declined a request to issue an injunction that would prohibit prosecutors from bringing criminal charges against abortion providers under the law, however, after this week’s ruling, prosecutors in the three counties where abortion clinics reside in the state have said they’d abide by the court’s ruling.

Under the 1849 law, abortion providers that intentionally destroy the life of an unborn child are guilty of a Class H felony. Abortion providers that intentionally destroy the life of an unborn quick child or cause the death of the mother during an act with the intent to destroy the life of an unborn child are guilty of a Class E felony W.S.A. 940.0.

State law provides no woman may be fined or imprisoned for receiving an abortion. W.S.A. 940.13.

Abortion providers that intentionally destroy the life of a viable fetus or unborn child are guilty of a Class I felony. This provision does not apply if the abortion is necessary to save the life or health of the woman W.S.A. 940.15.

In Wisconsin, physicians who prescribe the abortion medication must be physically in the room when it’s taken, so abortion via telemedicine is not permitted. The state also requires the physician to administer a physical examination prior to the procedure. W.S.A. 253.105.

There are no restrictions on contraception.

WI Legislation

Wyoming

Abortion remains legal in Wyoming as a court hears a case challenging a 2022 trigger law from going into effect.

On July 27, 2022, the day the trigger law was set to go into effect, a state judge issued a temporary restraining order blocking the ban from taking effect as scheduled. On Aug. 10, 2022, after hearing arguments on the case, the judge granted a preliminary injunction blocking the law. The 2022 trigger law (WY HB 92), currently blocked, would prohibit abortions except in cases of rape or incest or to protect the mother’s life or health, not including psychological conditions.

On June 22, 2023, a judge temporarily blocked the state’s ban on medication abortion from going into effect as a lawsuit to determine its legality proceeds. The law (SF 109), which was enacted earlier in 2023 and was set to go into effect July 1, was the first in the nation to specifically ban abortion medications.

Under the trigger law that is currently blocked by a court order, any physician or other person who performs an abortion procedure in violation of state law is guilty of a felony punishable by imprisonment in the penitentiary for not more than 14 years. 35-6-110

And any person other than a licensed physician who performs an abortion is guilty of a felony punishable by imprisonment in the penitentiary for not less than 1 year nor more than 14 years. 35-6-111

In 2023, Wyoming became the first state to enact legislation specifically prohibiting abortion medications with SF 109. The law prohibits a person from manufacturing, distributing, prescribing, dispensing, selling, transferring or using any chemical abortion drug in the state for the purpose of procuring or performing an abortion.

On June 22, 2023, a judge temporarily blocked the law from going into effect as a lawsuit to determine its legality proceeds.

There are no restrictions on contraception.

WY Legislation