Tuesday, January 15, 2013

Abortion/Contraception Laws: CA, CO, CT, DE

California - #1 - A+
22% of California counties have no abortion provider.
No bans other than the federal ban on certain second-trimester abortions.

Refusal Clause
Allows certain people/organizations to refuse to have anything to do with abortion services; does not apply to pharmacists. Applies to doctors, nurses, and religious organizations. Does not apply in emergency medical situations. Health-care providers can refuse to provide care they don't agree with, but must assist the patient in transferring to a doctor who will provide such care. Religious employers who disagree with contraception may exclude it from their insurance plans.Only applies to employers who are non-profit religious organizations who primarily employ people who share the religious tenets of the organization.

Restrictions on Young Women's Access to Abortion
Ruled unconstitutional and unenforceable, this law would require a woman under the age of 18 to obtain parental consent before getting an abortion, regardless of rape/incest/child abuse.

TRAP Laws
Only licensed physicians or surgeons may provide surgical abortions. Only licensed physicians, surgeons, or someone who has obtained a specific license for it may provide non-surgical abortions.

California has written the freedom of choice into their state laws:
"The legislature finds and declares that every individual possesses a fundamental right of privacy with respect to personal reproductive decisions. . . Every individual has the fundamental right to choose or refuse birth control. . . Every woman has the fundamental right to choose to bear a child or to choose and to obtain an abortion. . . The state shall not deny or interfere with a woman's fundamental right to choose to bear a child or to choose and obtain an abortion. . ."

Pharmacists are prohibited from refusing to fill contraception prescriptions. California has a protection from clinic violence policy, and allows for Medicaid/public funds to be used for low income women's family planning and abortion services.

Colorado - #22 - C+
78% of Colorado counties have no abortion provider.
Bans
Colorado has an unenforceable, pre-Roe ban on abortion.

Refusal Clause
Hospitals, hospital staff members, and people employed by hospitals may refuse to do any abortion services, but the refusal must be in writing. Private institutions, physicians, and the employees of such may refuse to offer contraception or abortion services. County and City employees may refuse to offer family planning services. No hospital or person may be required to participate in a sterilization. None of these refusal clauses have exceptions for emergencies.

Restrictions on Low Income Women's and Young Women's Access to Abortion
Colorado prohibits public funding for abortion except in the case of rape, incest, or danger to the life of the mother. Some of these provisions conflict with federal law that allows Medicaid to be used for abortion; therefore they are, for the most part, unenforceable.
Women under 18 must wait 48 hours after notification has been sent to at least one parent, by certified mail or personally delivered by the attending physician. Not waived in cases of rape or incest, but waived in cases of child abuse if the physician has reported the abuse. Also waived in emergencies. These requirements may be waived by a judge.

TRAP Laws
A law predating Roe v Wade requires all abortions to be performed in a hospital; ruled unconstitutional. Only licensed health-care professionals may provide abortions.  (I certainly have no problem with that.)

News Stories
Colorado Senate proposes "gender-based" abortions ban (uh, there's nothing suggesting these are happening...)
Bill proposed to make abortion a class 3 felony


Connecticut - #3 - A
13% of Connecticut counties have no abortion provider.
No bans other than the federal ban on certain second-trimester abortions.

Refusal Clause
No person may be required to participate in any part of an abortion for any reason. Religious organizations may refuse to provide insurance coverage for contraception and abortion services.

TRAP Laws
Clinic that provide abortions, whether surgical or not, must have a standard operating room. Clinics must hire counselors who are supervised by a person with a graduate degree or training in social work, psychology, counseling, nursing, or ministry. Only licensed physicians may perform abortions; however the CT Attorney General has issued an opinion stating this only applied to surgical abortions, and that state-licensed nurses, mid-wives, and physician's assistants may provide mifepristone (medical abortion drug) as long as they are acting under a licensed physician.

Young Women's Access to Abortion
Women under the age of 18 must have a counseling session before an abortion, explaining options and exploring the possibility of involving the young woman's parents.


Delaware - #21 - C+
33% of Delaware counties have no abortion provider.
Bans
Unconstitutional and unenforceable pre-Roe blanket ban on abortion.

Counseling and Delay Requirements
Cannot receive an abortion until 24 hours after she gives her own written consent. Prior to giving consent, the woman must sit through state-mandated counseling. (Standard pack - other options, effects on future children, risks, etc) Waiting period has been ruled unconstitutional and unenforceable.

Refusal Clause
No person or hospital may be forced to participate in an abortion. Religious employers may refuse to provide insurance coverage for contraception and abortion services.

Restriction on Low Income Women's and Young Women's Access to Abortion
Prohibits public funding for abortion unless the life of the mother is in danger, or the pregnancy is the product of rape or incest reported to the police. (Exception, the physician notes in writing that the woman had just cause for not reporting the rape to police.)
Women under the age of 16 may not receive an abortion until 24 hours after one parent has been notified. No exceptions for rape or incest, only for emergencies.

TRAP Laws
Only a state-licensed physician may provide abortions.


This is part two in my "Abortion Laws by State" series, you can find the other parts here:
NARAL's Report Card
Part 1: Introduction and Alabama, Alaska, Arizona, and Arkansas
Part 2: This post
Part 3: Florida, Georgia, Hawaii, Idaho
Part 4: Illinois, Indiana, Iowa, Kansas
Part 5: Kentucky, Louisiana, Maine, Maryland
Part 6: Massachusetts, Michigan, Minnesota, Mississippi

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