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Intersection of State Abortion Policy and Clinical Practice, 2020 Updated: February 2020
Nine in ten reported abortions in the United States occur in the first trimester. Between 2007 and 2016, the abortion rate decreased by 26% Share of reported abortions by gestation in 2016 Abortion rate per 1,000 women aged 15-44 9-13 weeks 21 weeks 14-17 weeks 8 weeks 18-20 weeks 15.6 2% 1% 6% 11.6 26% 91% 26% 66% 2007 2016 NOTES: Data are from 41 reporting areas; excludes 11 areas (California, District of Columbia, Florida, Illinois, Maryland, Massachusetts, New Hampshire, New York State, Pennsylvania, Wisconsin, and Wyoming) that did not report, did not report by gestational age, or did not meet reporting standards. Percentages for the individual component categories might not add to 100 because of rounding. SOURCE: Jatlaoui TC, Eckhaus L, Mandel MG, et al. Abortion Surveillance United States, 2016. MMWR Surveill Summ 2019;68(No. SS-11):1 41
27 States Require Waiting Periods Before a Woman May Obtain an Abortion 14 of these states require two separate visits Waiting Periods Monday Tuesday Wednesday Thursday Friday 23 States No Waiting Period 18-24 Hours 19 States 48 Hours 2 States 72 Hours 6 States SOURCE: Guttmacher Institute. State Laws and Policies, Counseling and Waiting Periods for Abortion. As of February 1, 2020.
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, when it does not AK, KS, OK, TX Abortion may cause fetal pain AK, AR, GA, IN, KS, LA, MN, MO, OK, SD, TX, UT, WI Personhood begins at conception IN, KS, MO, ND, OK 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 February 1, 2020.
Many States Restrict Abortion Coverage in Private Plans and Medicaid 6 states require Medicaid, Private and ACA Marketplace plans to include abortion coverage VT ME WA MT ND NH MA MN OR NY WI ID Medicaid, Private, and ACA Marketplace Limitations (11 states) Medicaid & ACA Marketplace Limitations (15 states) SD RI MI CT WY PA NJ DE IA NE OH IN IL NV MD DC WV UT CO VA NC MO CA KS KY Medicaid Limitations Only (8 states & DC) TN OK SC AZ AR NM No coverage limitations or requirements, state funds pay for Medicaid Abortions (10 states) Requires abortion coverage in Medicaid, Private, and ACA Marketplace Plans (6 states) GA AL MS AK LA TX FL HI SOURCE: KFF. Interactive: How State Policies Shape Access to Abortion. As of February 2020.
Many States Impose a Jail Sentence for Doctors Who Perform Abortions Past Gestational Limits Gestational limits and exceptions vary by state VT WA ME MT ND NH MN MA OR NY ID WI SD MI RI CT WY PA NJ DE IA OH NE IN IL NV MD WV UT VA CO CA MO DC KS KY Jail sentence for abortions past 20-22 weeks LMP (15 states) NC TN OK SC Jail sentence for abortions past 24 weeks LMP to 3rd trimester (5 states) No jail sentence for abortions past 18 weeks LMP (3 states) AZ AR NM GA AL MS AK TX LA Federal and/or State law limits abortion after viability (27 states & DC) FL HI NOTES: Calculated from the beginning of pregnancy from the woman s last menstrual period (LMP). SOURCE: KFF 2020 analysis of state statutes and laws; Guttmacher Institute. State Laws and Policies, State Policies on Later Abortions. As of February 1, 2020.
Many States Have Enacted Specific Requirements for Medical Abortions Of the 862,320 abortions in 2017, 39% were medication abortion Patients must be counseled that abortion may be reversed despite lack of medical evidence 6 states Clinician must be present while patients takes abortion pill 18 states Licensed physician must dispense abortion pill 33 states SOURCE: Jones RK, Witwer E and Jerman J. Abortion Incidence and Service Availability in the United States, 2017. Guttmacher Institute, 2019 Guttmacher Institute. State Laws and Policies, Counseling and Waiting Periods for Abortion. As of February 1, 2020. Guttmacher Institute. State Laws and Policies, Medication Abortion. As of February 1, 2020.