What a difference a day makes: Undue burden of the 24-hour waiting period

As of February, 2009, 33 states require women to receive counseling before terminating a pregnancy. Twenty-four of those states also require that a specified amount of time, generally 24 hours, elapse after counseling before the procedure can take place. Seven states require that all counseling be provided in-person prior to the waiting period, necessitating two separate trips to the facility. This month both Kentucky (passing a new in-person counseling rule) and South Carolina (considering a 24-hour wait after an ultrasound) are considering legislation that would result in two trips. Proponents of these bills state women need to be fully informed and must reflect on their decisions. Opponents say women already reflect, and these bills further chip away at access to services.

In largely rural states, these restrictions can cause real hardship and pose an undue burden. The number of providers across the nation has steadily declined. In Kentucky, there are only two clinics for the entire state, both situated in major metropolitan areas. Likewise, in South Carolina, there are only three clinics also centered in metropolitan areas. According to the Guttmacher Institute, in the southern region of the US, 21% of women terminating pregnancies travel at least 50 miles, and 10% travel more than 100 miles. 77% of Kentucky women and 72% of South Carolina women live in counties without a provider, meaning many women seeking services will require hundreds of dollars of extra expenses for gas, meals, hotels, child care, and lost wages from work.