Highlights from key sexual health policies across state legislatures.
The total number of congenital syphilis cases reported in 2023 remains the highest on record since 1992 and lawmakers in two different jurisdictions are considering legislation that would expand requirements for prenatal syphilis screening. In Missouri, Representative Melaine Stinnett (R – Greene County) introduced HB803, which would modify state law by requiring providers to test for syphilis at 28 weeks during pregnancy; the current law only requires testing at the first prenatal visit unless a patient is at higher risk. The bill would also expand the list of required serological tests to include Hepatitis C and HIV.
Meanwhile, Nebraska’s unicameral chamber is considering similar legislation. Senator Merv Riepe (Omaha – District 12), introduced LB41, which would also expand prenatal syphilis screening requirements beyond the first visit to include the third trimester and delivery.
Policymakers across multiple states are considering bills that would decriminalize STIs, HIV, or harm reduction services in some capacity.
In Texas, Representative James Talarico (D – Williams County) pre-filed HB 253. The bill, whose previous iteration was unsuccessful during the last session, would decriminalize fentanyl tests strips. Fentanyl test strips help people who use drugs detect whether there is any fentanyl present in substances—a deadly synthetic opioid that is responsible for thousands of overdose-related deaths, including a 55.6 percent increase in fatalities from 2020 to 2021, according to the Drug Enforcement Agency (DEA). Advocates in Texas have voiced alarm that it is only one of five states that prohibits the distribution of test strips, which can be lifesaving.
Meanwhile, state policymakers in Indiana will attempt to scale back the state’s existing criminalization of HIV. HB1355 would remove enhancements in sentencing for battery charges involving body waste with “HIV contamination.” The bipartisan legislation was co-authored by Reps. Edward Clere (R – New Albany), Wendy McNamara (R – Poseyville), and Mitch Gore (D – Indianapolis), and would also omit HIV from the current list of felony offenses for “recklessly, knowingly, or intentionally donating or selling semen containing STI-related antibodies”. However, the bill would not remove Hepatitis or tuberculosis from existing criminal statute for the same felony category.
In a similar effort to modify criminal liability rules, New York introduced A733—by Jessica González-Rojas (D – Queens)—would repeal Section 2307 of existing public health law, which says “a person knowing themselves to be infected with an infectious venereal disease who has intercourse with another shall be guilty of a misdemeanor.”
As NCSD highlighted last month, the Minnesota State House has no clear majority for the first time in over four decades after the recent election resulted in a 67-67 split. However, according to a report from The Minnesota Reformer, the process has become complicated and upended the chamber from conducting legislative business. First, a judge ruled that Rep. Curtis Johnson (D – Roseville) did not meet residency requirements and overturned his win. Governor Tim Walz (D) called for a special election afterward, but the Minnesota Supreme Court ruled he did so incorrectly.
On top of this, Minnesota House Republicans questioned the election of Rep. Brad Tabke (D – Shakopee), who won by 14 votes in a recount that included 20 missing ballots. In a separate court case on the matter, a judge ruled there was no need for a special election since Rep. Tabke would have won regardless of the missing ballots.
On January 14, the first day of the state’s session, all 66 House Democrats boycotted, with 67 House Republicans meeting and electing the Speaker. There were two subsequent lawsuits from both parties alleging different accounts of whether the Speaker election was lawful, and whether a quorum was constitutionally met. On January 24, the Minnesota Supreme Court ruled in favor of the House Democrats, confirming that 68 members must be present for quorum. Democrats are expected to use this ruling to broker a power-sharing agreement with Republicans who now need their full attendance to conduct business.
An election for the newly vacant Roseville seat is expected in March.
Michigan Governor Gretchen Whitmer (D) signed legislation this month that made the state one of 30 that allows pharmacists to prescribe contraceptives. The dual pieces of legislation—HB 5435 and HB 5436—collectively authorize pharmacists to dispense and prescribe birth control while also requiring insurance coverage for the services. In addition, Gov. Whitmer signed nearly one dozen other bills into law on January 21 that codify various sexual and reproductive health rules, including HB 5172, which amends the Public Health Code to standardize the way a maternal care facility is categorized and more accurately helps patients find one that matches their pregnancy risk level.
In 2024, state policymakers across the country introduced over 600 bills targeting transgender rights—a record-breaking total that has risen consistently over the last five years. That pattern is on track to continue this year starting with Georgia, where the first bill introduced in the state Senate for 2025 would define male and female based on sex assigned at birth and prohibit anyone assigned male sex at birth from playing in women’s sports.
In Ohio, Governor Mike DeWine (R), who has previously vetoed anti-transgender legislation as analyzed by NSCD in previous posts, signed HB8 into state law on January 8. The bill known as “The Parents’ Bill of Rights,” requires school personnel to notify parents when there are changes in a student’s services, including when the student self-discloses being transgender. The bill further bans instruction for grades K-3 that includes sexual concepts or gender ideology. Advocates often label these measures as “forced outing” or “don’t say gay” bills, respectively.