Legal Maps

Restrictions on Public Funding of Abortion

One way states regulate abortion access is through a patchwork of restrictions on government funding of abortion services. These can include broad restrictions on any funds passing through state agencies, bans on the use of government facilities for abortion or participation by government employees in the providing abortion services, and restrictions on Medicaid funding of abortion, among others. Under current federal policy, states are required to use state Medicaid funds for abortion services in the limited circumstances of life endangerment, rape, or incest.

Abortion Waiting Period Requirements

State abortion waiting period laws require an individual seeking abortion to wait a specified time period after receiving mandatory counseling, usually between 24 to 72 hours, before they can obtain the procedure. The mandatory counseling that must occur prior to obtaining an abortion goes beyond the customary informed consent that is generally required for all medical procedures, and sometimes includes misleading information regarding abortion.

Abortion Reporting Requirements

Most states have laws that require abortion providers to submit one or more of the following types of reports: general reports regarding abortion procedures; reports related to abortion complications; informed consent reports; medical emergency reports; and reports regarding a minor’s abortion. Some of the information that may be required to appear in the reports includes: demographic information about the patient; the gestational age of the fetus; the abortion procedure used; the patient’s reason for abortion; the patient’s pregnancy history; and the method of payment.

Abortion Bans

This dataset includes laws from all 50 states and the District of Columbia in effect as of December 1, 2018 that ban abortion, as well as case law and attorney general opinions that affect the enforceability of these laws.

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