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Appendix
DEFENDING LIFE 2011
EVALUATION CRITERIA FOR STATE RANKING

I. ABORTION

A. Laws Ensuring Fully-Informed Consent

1. Basic informed consent requirements (Mandatory counseling as to risks of
procedure and gestational age of unborn child)
2. Reflection period (of any length)
3. State-sponsored written materials, DVD’s, and/or website
4. Ultrasound requirement
5. Counseling on fetal pain
6. Counseling/information on the abortion-breast cancer link
7. Coercion prohibition/information
8. Criminal and/or civil penalties for noncompliance

B. Parental Involvement for Minors

1. Parental involvement law (parental consent or notice)
2. Any enhancements (notarized consent, requirements for identification, or notice
following a “medical emergency”)
3. Criminal and/or civil penalties for noncompliance

C. State Freedom of Choice Act (FOCA), State Constitutional Rights & Policies

1. Existence of state FOCA and/or state constitutional right to abortion
2. Legislative policy declarations
a. Pro-life/anti-FOCA legislative declaration(s)
b. Pro-abortion legislative declaration(s)
D. State Funding Limitations

1. Public funding of abortion
a. Consistent with federal Hyde Amendment
b. In cases of rape, incest, fetal abnormalities, and/or threats to woman’s
life or health

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c. Public funding in most cases (including “medical necessity”)

2. Federal Abortion-Mandate Opt-Out
3. Prohibition on use of state funds for abortion counseling and/or referrals
4. Prohibition on use of state facilities for abortions
5. Prohibition on insurance coverage for abortion for state employees
6. General prohibition(s) on insurance coverage for abortion
7. Prohibition(s) on the “commingling” of family planning funds with funds used
to provide abortions, abortion counseling, and/or abortion referrals

E. Provider Requirements

1. Abortion clinic regulations
a. Regulates abortion clinics as ambulatory surgical centers
b. Comprehensive, abortion-specific regulations
c. Regulates performance of post-first trimester abortions
2. Requires abortion clinics to be licensed by a state agency
3. Physician-only law
4. Requires abortion providers to maintain hospital admitting privileges
a. State-wide requirement
b. County-specific requirement

F. Abortion Bans
1. Enforceable pre-Roe ban or a “delayed enforcement” ban
2. State ban on partial-birth abortion
3. Ban on post-viability abortions
4. Late-term abortion ban (20 weeks)
5. Ban on sex-selective abortions

G. Regulation of Abortion-Inducing Drugs/RU-486

1. Specific regulations for dispensation of RU-486
2. Minimal administrative requirements imposed for dispensation of RU-486

H. Support for Pregnancy Care Centers (PCCs)

1. Provides direct funding
2. Offers “Choose Life” license plates
3. Pro-PCC resolution
4. Anti-PCC law or resolution

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I. Abortion Reporting

1. General Reporting
a. Information on surgical and nonsurgical abortions
b. Information on surgical abortions only
2. Reporting on complications

II. LEGAL RECOGNITION OF UNBORN AND NEWLY-BORN

A. Unborn Victims of Violence/Fetal Homicide

1. Recognizes unborn child at any stage of gestation as potential homicide
victim
2. Recognizes unborn child later in gestation (but before viability) as potential ho
micide victim
3. Recognizes unborn child after viability as potential homicide victim
4. Provides enhanced penalties for assaulting pregnant woman and/or causing
miscarriage, stillbirth, or “damage to pregnancy”

B. Protection for Unborn Children from Nonfatal Assaults

C. Prohibitions on “Wrongful Life” and “Wrongful Birth” Lawsuits

D. Recognizes Wrongful Death (Civil) Action for Death of Unborn Child

1. Allows suits – before viability
2. Allows suits – only after viability

E. Born-Alive Infant Protection (BAIPA)

1. Provides protection at any stage of development
2. Provides protection after viability and/or only protects child from “deliberate
acts” by physician

F. “Baby Moses”/Abandoned Infant Protection

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III. BIOETHICS

A. Human Cloning

1. Bans all forms of human cloning
2. Specifically permits any type of human cloning

B. Stem-Cell Research

1. Destructive embryo research (DER)
a. Bans at least some forms/methods of DER
b. Only bans “fetal experimentation”
d. Expressly allows/promotes DER
2. Encourages/promotes ethical alternatives (e.g. adult stem cells, iPS, or cord
blood)

C. State Funding of Stem-Cell Research

1. Funding of human cloning and/or DER
2. Funding of ethical alternatives

D. Assisted Reproductive Technologies & In Vitro Fertilization (IVF)

Limits number of embryos that may be implanted during each cycle of
treatment
Requires informed consent for IVF procedure and storage/disposition of unused
embryos
Any other regulation of ART/IVF

E. Maintains laws related to embryo adoption and/or the donation of embryos

IV. END-OF-LIFE

A. Assisted Suicide

1. Statutory prohibition of assisted suicide
2. Common-law prohibition of assisted suicide
3. Requires physicians to counsel patients on how to commit suicide and to provide
prescriptions for patients who decide to commit suicide
4. No law prohibiting assisted suicide
5. Law permitting assisted suicide

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B. Requires or Encourages Training in Pain Management

V. HEALTH CARE FREEDOM OF CONSCIENCE

A. Protects Individual Health Care Rights of Conscience

1. Provides protection for all health care providers for all procedures/
services
2. Provides protection for some health care providers for all procedures/
services
3. Provides protection for all or some health care providers for specified
services (mostly commonly, abortion and sterilization)
4. Provides protection for some health care providers for abortion only
5. Compels any health care provider (including pharmacists) to provide any
procedure/service

B. Protects Institutional Health Care Rights of Conscience

1. Provides protection for all health care institutions for all procedures/
services
2. Provides protection for some health care institutions for all procedures/
services
3. Provides protection for some health care institutions for abortion and other
specified procedures/services
4. Provides protection for some health care institutions for abortion only
5. Compels any health care institutions (including pharmacies) to provide any
service in violation of its institutional conscience

C. Protects Insurers’ Rights of Conscience

1. Provides protection from covering/paying for all procedures/services
2. Provides protection from covering abortion/abortion-inducing drugs only
3. Compels any insurer to provide any coverage in violation of its conscience

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ABOUT AMERICANS UNITED FOR LIFE

Americans United for Life (AUL) is the nation’s foremost public interest law and policy organi-
zation working to pass pro-life laws in state legislatures and defend those laws in court.

AUL’s experts work hand in hand every day with state legislators, policy makers, and activists,
helping pass laws that:

• Reduce abortion.
• Address current and emerging bioethical issues.
• Defend those people at the end-of-life.
• Protect the right of conscience of all healthcare providers.

Once a state passes a new pro-life law, AUL works with the state’s Attorney General to defend
the law in court.

Founded in 1971, Americans United for Life is the oldest national pro-life organization in the
country. Over the past 39 years, AUL has been a leader in the fight to overturn Roe v. Wade
and restore to the people the right of self-government on the issue of abortion. AUL has been
involved in every United States Supreme Court case on abortion since Roe was decided in 1973.
AUL is active at the national and international levels as well.

AUL’s work promotes a culture of life through the law. For assistance on legislation, questions
about litigation, or to have AUL host a briefing for legislators and policy makers in your state,
please contact:

AMERICANS UNITED FOR LIFE

Washington DC
655 15th St NW, Suite 410
Washington, DC 20005
(202) 289-1478

Info@AUL.org
www.AUL.org

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Americans United for Life