MASSACHUSETTS MASSACHUSETTS. Defending Life 2012 RANKING: 38
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1 691 MASSACHUSETTS RANKING: 38 Massachusetts cntinues t lack enfrceable abrtin clinic regulatins and fails t adequately prtect unbrn victims f vilence. Further, the state allws human clning-fr-bimedical-research and destructive embry research. Healthcare prviders wh cnscientiusly bject t such research als remain unprtected. ABORTION: The Massachusetts Cnstitutin has been interpreted as prviding a brader right t abrtin than prvided in the U.S. Cnstitutin. Massachusetts infrmed cnsent law is enjined. A physician may nt perfrm an abrtin n an unmarried minr under the age f 18 withut the written cnsent f ne parent r a curt rder. Massachusetts taxpayers are required by curt rder t pay fr medically necessary abrtins fr wmen eligible fr public assistance. This requirement essentially equates t funding abrtin-n-demand in light f the U.S. Supreme Curt s brad definitin f health in the cntext f abrtin. State emplyee health insurance prvides cverage f abrtin nly when a wman s life r health is endangered r in cases f rape, incest, r fetal abnrmality, and may nt cver partial-birth abrtins. Further, health maintenance rganizatins (HMOs) may nt be required t prvide payment r referrals fr abrtin unless necessary t preserve the wman s life. Massachusetts requirement that abrtins after the 12th week f pregnancy be perfrmed in hspitals is, under current U.S. Supreme Curt precedent, unenfrceable. Only physicians authrized t practice medicine in the state f Massachusetts may perfrm abrtins. The state has an enfrceable abrtin reprting law, but des nt require the reprting f infrmatin t the Centers fr Disease Cntrl (CDC). The measure pertains t bth surgical and nnsurgical abrtins and requires abrtin prviders t reprt shrt-term cmplicatins. MASSACHUSETTS Defending Life 2012
2 692 Massachusetts requires that sexual assault victims receive infrmatin abut and access t emergency cntraceptin in emergency rms. The state als allws pharmacists t dispense emergency cntraceptin directly and withut a prescriptin. State emplyee health insurance prvides cverage f abrtin nly when a wman s life r health is endangered r in cases f rape, incest, r fetal abnrmality, and may nt cver partial-birth abrtins. Further, health maintenance rganizatins (HMOs) may nt be required t prvide payment r referrals fr abrtin unless necessary t preserve the wman s life. Health insurance plans that prvide prescriptin cverage must als prvide cverage fr cntraceptin. The prvisin includes an exemptin s narrw it excludes the ability f mst emplyers and insurers with mral r religius bjectins frm exercising the exemptin. LEGAL RECOGNITION OF UNBORN AND NEWLY BORN: The Massachusetts Supreme Curt has determined the state s hmicide law applies t the killing f an unbrn child after viability. The state allws wrngful death (civil) actins when a viable unbrn child is killed thrugh negligent r criminal actin. The state requires healthcare prfessinals t reprt suspected prenatal drug expsure. BIOETHICS LAWS: While Massachusetts prhibits clning-t-prduce-children, it statutrily permits clning-fr-bimedical-research and destructive embry research thus making it a clneand-kill state. The Massachusetts Public Health Cuncil has reversed a rule put in place during the gubernatrial administratin f Mitt Rmney that prhibited scientists frm creating human embrys fr the purpse f destrying them fr research. Further, the state funds destructive embry research. It als allws tax credits fr life sciences, including stem cell research. Because stem cell research is nt defined, the funds and tax credits culd als apply t adult stem cell research. The state des nt maintain a cmprehensive ban n fetal experimentatin, prhibiting Americans United fr Life
3 693 nly experimentatin n live fetuses and allwing experimentatin n dead fetuses with cnsent f the parents. Massachusetts requires a degree f infrmed cnsent befre a physician can harvest eggs fr purpses f assisted reprductive technlgies. In the research setting, the state prhibits the purchase f eggs fr valuable cnsideratin. Massachusetts has established an umbilical crd bld bank fr the purpse f cllecting and string umbilical crd bld and placental tissues. All licensed hspitals are t infrm pregnant patients f the pprtunity t dnate the umbilical crd and placenta fllwing delivery. Other than requiring infrmed cnsent regarding the dispsitin f embrys and the risks f human egg harvesting, the state des nt regulate assisted reprductive technlgies. END OF LIFE LAWS: In Massachusetts, assisted suicide is a cmmn law crime. HEALTHCARE RIGHTS OF CONSCIENCE LAWS: Participatin in Abrtin: A physician r persn assciated with, emplyed by, r n the medical staff f a hspital r health facility wh bjects in writing and n religius r mral grunds is nt required t participate in abrtins. Medical and nursing students are als prtected. A private hspital r health facility is nt required t admit a wman fr an abrtin. Participatin in Research Harmful t Human Life: Massachusetts currently prvides n prtectin fr the rights f healthcare prviders wh cnscientiusly bject t participatin in human clning, destructive embry research, r ther frms f immral medical research. WHAT HAPPENED IN 2011: Massachusetts cnsidered a measure repealing a ban n abrtin that was in place prir t Re v. Wade (1973). Cnversely, the state cnsidered a ban n partial-birth abrtin, as well as a ban n sex-selective abrtins. Defending Life 2012 MASSACHUSETTS
4 694 In additin, the state cnsidered legislatin requiring infrmed cnsent fr abrtin, relating t parental cnsent, and requiring health and safety regulatins fr facilities perfrming abrtins. In a mve tward allwing peaceful (and cnstitutinal) pr-life demnstratins, the state cnsidered a measure repealing its law restricting persns frm being within 18 feet f a reprductive healthcare facility. Massachusetts cnsidered measures prtecting unbrn victims f vilence and criminalizing assaults n pregnant wmen and/r prviding enhanced penalties fr such actins. Massachusetts cnsidered measures prmting ethical alternatives t destructive frms f embry research and relating t embry adptin. Cnversely, the state als cnsidered legislatin prmting destructive embry research, as well as legislatin related t assisted reprductive technlgies and insurance cverage f such prcedures. Massachusetts cnsidered legalizing physician-assisted suicide, as well as a measure relating t advanced planning dcuments. The state als cnsidered measures related t pain management and palliative care. The state did nt cnsider any measures related t healthcare rights f cnscience. Americans United fr Life
5 695 RECOMMENDATIONS FOR MASSACHUSETTS TOP PRIORITIES: State Cnstitutinal Amendment (prviding that there is n state cnstitutinal right t abrtin) Persnhd Preamble Abrtin Mandate Opt-Out Act Abrtin Subsidy Prhibitin Act Wmen s Right t Knw Act Wmen s Health Prtectin Act Abrtin-Inducing Drugs Safety Act Crimes Against the Unbrn Child Act (t prtect an unbrn child frm cnceptin) Assisted Suicide Ban Act OTHER PRIORITIES: Abrtin Wmen s Ultrasund Right t Knw Act Cercive Abuse Against Mthers Preventin Act Child Prtectin Act Jint Reslutin Cmmending Pregnancy Centers Legal Recgnitin and Prtectin fr the Unbrn: Unbrn Wrngful Death Act (fr pre-viable child) Brn-Alive Infant Prtectin Act Pregnant Wman s Prtectin Act Biethics: Human Clning Prhibitin Act Destructive Embry Research Act Prhibitin n Public Funding f Human Clning and Destructive Embry Research Act Americans United fr Life
6 696 Healthcare Freedm f Cnscience: Healthcare Freedm f Cnscience Act Americans United fr Life
NEW YORK NEW YORK. Defending Life 2012 RANKING: 44
747 RANKING: 44 New Yrk lags behind ther states in prtecting the health and safety f wmen cnsidering r seeking abrtin. It des nt have either an infrmed cnsent r parental invlvement law, nr des it prvide
MINNESOTA MINNESOTA. Defending Life 2012 RANKING: 24
702 RANKING: 24 In 2011, effrts t prtect life in Minnesta were veted by Gvernr Mark Daytn. Minnesta currently prvides cmprehensive prtectin t unbrn victims f vilence and, ver the past several years, has
ARKANSAS ARKANSAS. Defending Life 2012 RANKING: 5
603 ARKANSAS RANKING: 5 Arkansas has made great strides in prtecting wmen frm the harms f abrtin, requiring nt nly basic infrmed cnsent but als requiring the prvisin f infrmatin n fetal pain and ultrasund
ARIZONA ARIZONA RANKING: 14
596 ARIZONA RANKING: 14 In 2011, Arizna cntinued making excellent strides tward the ultimate prtectin f human life. Amng many life-affirming measures cnsidered, the state enacted measures that ban sex-
Virginia RANKING: 19
Virginia RANKING: 19 Virginia provides fairly comprehensive protection for women, the unborn, and newly born children. It is also one of only a small number of states that has enacted meaningful, protective
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