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Intersection of State Abortion Policy and Clinical
Practice
Women’s Health Policy
Henry J. Kaiser Family Foundation
Visualizing Health Policy Infographic
October 2016
66%
26%
5%
2%
1%
≤ 8 weeks 9-13 weeks 14-17 weeks
18-20 weeks ≥ 21 weeks
Share of reported abortions by gestation
NOTES: Data are from 38 reporting areas in 2012. Excludes 14 areas: CA, CT, D.C., FL, IL, ME, MD, MA, NE, NH, NY, PA, WI, & WY. Percentages may not add up to
100% due to rounding.
SOURCE: Pazol K, Creanga AA, & Jamieson DJ. Abortion Surveillance—United States, 2012. MMWR Surveillance Summary 2015; 64 (10).
9 out of 10 Reported Abortions in the U.S. Occur in the 1st Trimester
and the Abortion Rate Has Decreased
16.1
13.2
2003 2012
Abortion rate per 1,000 women
aged 15-44
18%
92%
SOURCE: Guttmacher Institute. State Laws and Policies, Counseling and Waiting Periods for Abortion. As of July 1, 2016.
27 States Require Waiting Periods Before a Woman May Obtain an Abortion
13 of these states require two separate visits
Waiting Periods
Monday Tuesday Wednesday Thursday Friday
23 States
18 States
3 States
6 States
48 Hours
72 Hours
No Waiting Period
18-24 Hours
NOTES: States vary in requirements for counseling to be provided verbally or in written materials.
SOURCE: Guttmacher Institute. State Laws and Policies, Counseling and Waiting Periods for Abortion. As of July 1, 2016.
Many States Require Women to be Counseled on
Topics Lacking Medical Consensus or Evidence
State Policy Requires Clinicians or
Staff to Tell Women Seeking
Abortions That:
 Abortion raises the risk for breast
cancer—AK, KS, MS, OK, TX
 Abortion may cause fetal pain—AK,
AR, GA, IN, KS, LA, MN, MO, OK, SD,
TX, UT
 Personhood begins at conception—
IN, KS, MO, ND, OK, SD
NOTES: Private Insurance Coverage Limitations - State has a law that prohibits coverage of abortions from being included in private insurance policies sold in the state (with
certain exceptions). Private insurance includes individual, small group, and large group. Some states may allow abortion coverage to be purchased as a rider.
State Marketplace Coverage Limitations - State has a law that prohibits plans sold on state Marketplaces from covering abortion (with certain exceptions).
No Private Insurance Limitations - State does not limit coverage of abortion in private insurance or the state Marketplace.
SOURCE: Kaiser Family Foundation. Interactive: How State Policies Shape Access to Abortion. 2016.
Half of States Limit ACA or Private Insurance Coverage of Abortions
WY
WI
WV
WA
VA
VT
UT
TX
TN
SD
SC
RI
PA
OR
OK
OH
ND
NC
NY
NM
NJ
NH
NV
NE
MT
MO
MS
MN
MI
MA
MD
ME
LA
KYKS
IA
INIL
ID
HI
GA
FL
DC
DE
CT
COCA
ARAZ
AK
AL
Some states ban coverage in all cases.
Other states allow coverage in cases of rape, incest or life threat.
ACA Marketplace Restrictions (15 states)
No Private Insurance Restrictions (25 states & DC)
Private and ACA Marketplace Restrictions (10 states)
NOTES: Calculated from the beginning of pregnancy from the woman’s last menstrual period (LMP).
SOURCE: Kaiser Family Foundation Analysis. Guttmacher Institute. State Laws and Policies, State Policies on Later Abortions. As of July 1, 2016.
Many States Impose a Jail Sentence for Doctors Who Perform
Abortions Past Gestational Limit
WY
WI
WV
WA
VA
VT
UT
TX
TN
SD
SC
RI
PA
OR
OK
OH
ND
NC
NY
NM
NJ
NH
NV
NE
MT
MO
MS
MN
MI
MA
MD
ME
LA
KYKS
IA
INIL
ID
HI
GA
FL
DC
DE
CT
COCA
ARAZ
AK
AL
Jail sentence for abortions past 20-22 weeks LMP (15 states)
Jail sentence for abortions past 24 weeks LMP to 3rd trimester (8 states)
No jail sentence for abortions past 24-26 weeks LMP (1 state)
Federal and/or State law limits abortion after viability (26 states & DC)
Gestational limits and exceptions vary by state
Licensed physician must dispense abortion pill
Clinician must be present while
patients takes abortion pill
Patients must be counseled that abortion may be
reversed despite lack of medical evidence
37 states
2 states
18 states
SOURCE: Jones RK & Jerman J. (2014) Abortion Incidence and Service Availability in the United States, 2011. Perspectives on Sexual and Reproductive Health; 46(1), pp. 3-14.
Guttmacher Institute. State Laws and Policies, Counseling and Waiting Periods for Abortion. As of July 1, 2016.
Guttmacher Institute. State Laws and Policies, Targeted Regulation of Abortion Providers. As of July 1, 2016.
Guttmacher Institute. State Laws and Policies, Medication Abortion. As of July 1, 2016.
Many States Have Enacted Specific Requirements for Medical Abortions
Of the 1.1 million abortions in 2011, 23% were medication abortion

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Intersection of State Abortion Policy and Clinical Practice

  • 1. Intersection of State Abortion Policy and Clinical Practice Women’s Health Policy Henry J. Kaiser Family Foundation Visualizing Health Policy Infographic October 2016
  • 2. 66% 26% 5% 2% 1% ≤ 8 weeks 9-13 weeks 14-17 weeks 18-20 weeks ≥ 21 weeks Share of reported abortions by gestation NOTES: Data are from 38 reporting areas in 2012. Excludes 14 areas: CA, CT, D.C., FL, IL, ME, MD, MA, NE, NH, NY, PA, WI, & WY. Percentages may not add up to 100% due to rounding. SOURCE: Pazol K, Creanga AA, & Jamieson DJ. Abortion Surveillance—United States, 2012. MMWR Surveillance Summary 2015; 64 (10). 9 out of 10 Reported Abortions in the U.S. Occur in the 1st Trimester and the Abortion Rate Has Decreased 16.1 13.2 2003 2012 Abortion rate per 1,000 women aged 15-44 18% 92%
  • 3. SOURCE: Guttmacher Institute. State Laws and Policies, Counseling and Waiting Periods for Abortion. As of July 1, 2016. 27 States Require Waiting Periods Before a Woman May Obtain an Abortion 13 of these states require two separate visits Waiting Periods Monday Tuesday Wednesday Thursday Friday 23 States 18 States 3 States 6 States 48 Hours 72 Hours No Waiting Period 18-24 Hours
  • 4. NOTES: States vary in requirements for counseling to be provided verbally or in written materials. SOURCE: Guttmacher Institute. State Laws and Policies, Counseling and Waiting Periods for Abortion. As of July 1, 2016. Many States Require Women to be Counseled on Topics Lacking Medical Consensus or Evidence State Policy Requires Clinicians or Staff to Tell Women Seeking Abortions That:  Abortion raises the risk for breast cancer—AK, KS, MS, OK, TX  Abortion may cause fetal pain—AK, AR, GA, IN, KS, LA, MN, MO, OK, SD, TX, UT  Personhood begins at conception— IN, KS, MO, ND, OK, SD
  • 5. NOTES: Private Insurance Coverage Limitations - State has a law that prohibits coverage of abortions from being included in private insurance policies sold in the state (with certain exceptions). Private insurance includes individual, small group, and large group. Some states may allow abortion coverage to be purchased as a rider. State Marketplace Coverage Limitations - State has a law that prohibits plans sold on state Marketplaces from covering abortion (with certain exceptions). No Private Insurance Limitations - State does not limit coverage of abortion in private insurance or the state Marketplace. SOURCE: Kaiser Family Foundation. Interactive: How State Policies Shape Access to Abortion. 2016. Half of States Limit ACA or Private Insurance Coverage of Abortions WY WI WV WA VA VT UT TX TN SD SC RI PA OR OK OH ND NC NY NM NJ NH NV NE MT MO MS MN MI MA MD ME LA KYKS IA INIL ID HI GA FL DC DE CT COCA ARAZ AK AL Some states ban coverage in all cases. Other states allow coverage in cases of rape, incest or life threat. ACA Marketplace Restrictions (15 states) No Private Insurance Restrictions (25 states & DC) Private and ACA Marketplace Restrictions (10 states)
  • 6. NOTES: Calculated from the beginning of pregnancy from the woman’s last menstrual period (LMP). SOURCE: Kaiser Family Foundation Analysis. Guttmacher Institute. State Laws and Policies, State Policies on Later Abortions. As of July 1, 2016. Many States Impose a Jail Sentence for Doctors Who Perform Abortions Past Gestational Limit WY WI WV WA VA VT UT TX TN SD SC RI PA OR OK OH ND NC NY NM NJ NH NV NE MT MO MS MN MI MA MD ME LA KYKS IA INIL ID HI GA FL DC DE CT COCA ARAZ AK AL Jail sentence for abortions past 20-22 weeks LMP (15 states) Jail sentence for abortions past 24 weeks LMP to 3rd trimester (8 states) No jail sentence for abortions past 24-26 weeks LMP (1 state) Federal and/or State law limits abortion after viability (26 states & DC) Gestational limits and exceptions vary by state
  • 7. Licensed physician must dispense abortion pill Clinician must be present while patients takes abortion pill Patients must be counseled that abortion may be reversed despite lack of medical evidence 37 states 2 states 18 states SOURCE: Jones RK & Jerman J. (2014) Abortion Incidence and Service Availability in the United States, 2011. Perspectives on Sexual and Reproductive Health; 46(1), pp. 3-14. Guttmacher Institute. State Laws and Policies, Counseling and Waiting Periods for Abortion. As of July 1, 2016. Guttmacher Institute. State Laws and Policies, Targeted Regulation of Abortion Providers. As of July 1, 2016. Guttmacher Institute. State Laws and Policies, Medication Abortion. As of July 1, 2016. Many States Have Enacted Specific Requirements for Medical Abortions Of the 1.1 million abortions in 2011, 23% were medication abortion