From crackdowns on vaping to expanded birth control access, here's what to know about new health laws going into effect in 2024
The changing year signals a new start to a lot of things, including health legislation. While legislation can move slowly — for example, despite being signed into law last October, California's so-called Skittles Ban (aka the California Food Safety Act, which forbids the sale of the food additives brominated vegetable oil, potassium bromate, propylparaben and red dye No. 3.) won't actually be implemented until 2027 — a wave of new laws went into effect in and around Jan. 1. Many have the potential to make a powerful impact on people, while others may even signal a shift in the national consciousness around a particular issue
A lot will change in 2024 in the health sphere, according to the law. Here's a breakdown of some of the biggest shifts in health legislation.
Gender-affirming care: It will be harder for young people to access gender-affirming care across the country. In 2023, at least 20 states passed tight restrictions or even bans on gender-affirming care for minors. On Jan. 1, changes to laws around gender transition care for minors went into effect in Louisiana and West Virginia. In Louisiana, the "Stop Harming Our Kids Act" prohibits gender-affirming care, stating that "a health care professional shall not knowingly engage in any act that attempts to alter a minor's appearance or to validate a minor's perception of his sex if the minor's perception is inconsistent with his sex." The law prohibits care that includes medications and surgery. West Virginia also restricts gender-affirming care for minors, but stops short of banning it. House Bill 2007 states that "a physician may not provide irreversible gender reassignment surgery to a person who is under 18 years of age." However, the law allows minors to receive gender-affirming care with parental consent and after receiving a diagnosis of severe gender dysphoria from two doctors. Under the law, a minor may also be able to be prescribed care if they're considered at risk of self-harm or suicide.
Abortion rights: A flurry of legislation took place on a state level around abortion last year. However, there are some new changes in 2024 designed to protect those seeking an abortion, as well as care providers. California's laws around abortion care have changed slightly in response to the Supreme Court's overturning of Roe v. Wade more than a year and a half ago. The state's Senate Bill 345, which went into effect on Jan. 1, protects doctors who ship abortion pills to states where medication abortion is criminalized. The law states that prosecution from other states against California doctors in this situation "interferes with a legally protected health care activity." Women's health expert Dr. Jennifer Wider, co-host of the Open Wider podcast, tells Yahoo Life that she expects this to become a growing trend. "Other states where abortion is legal are likely to follow this precedent and pass this bill in their own state," she says. In Illinois, House Bill 3326 bans law enforcement officers from sharing license plate reader information with other states in order to protect people who come to the state for an abortion.
Birth control: In New Jersey, Bill S275 allows pharmacists to dispense self-administered hormonal contraception to patients without a prescription. Pharmacists must complete a training program first and need to counsel patients before they're given the medication. Patients also need to use a self-screening tool to check for risk factors in advance. This is a growing trend: Currently, 25 states and the District of Columbia allow pharmacists to prescribe hormonal contraceptives. "There are several benefits to allowing pharmacists to prescribe contraceptives on their own," Wilder says. "It makes contraception much more accessible to the average patient by eliminating a separate visit to a health care provider. It also cuts down the extra cost of an appointment." This can also "help underserved communities and people living in rural areas the most," she adds.
Vaping: Indoor vaping is now banned in Illinois thanks to an amendment to the Smoke-Free Illinois Act. The act now prohibits the use of "electronic smoking devices" like vape pens and e-cigarettes inside public spaces, and requires smokers to be at least 15 feet away from the doors and windows of any public entrance. Texas is also banning the marketing of vaping products to minors under House Bill 4758. The law prevents cartoons, celebrities and likenesses to food or drinks from being used in marketing e-cigarettes, and considers these a misdemeanor. "Laws around e-cigarettes have been gradually expanding," Kevin Schroth, tobacco control legal expert and associate professor in the Rutgers School of Public Health, tells Yahoo Life. "I'm surprised it hasn't expanded more quickly — there's no significant pushback against the expansion of applying smoke-free air laws to e-cigarettes." The new law in Texas has "a beneficial purpose, given that nobody wants young people to use e-cigarettes, but it's a legally tricky and vulnerable concept," Schroth says.
Postpartum depression: This will get a closer look in Arkansas, where House Bill 1302 requires all new mothers to be screened for the condition. The screening will be paid for by health insurance providers in Arkansas. This lines up with recommendations from the American College of Obstetricians and Gynecologists that everyone who receives a postpartum care visit be screened for depression and anxiety. "This is incredibly important as it aims to lower poor maternal health outcomes due to undiagnosed mental health issues," Wider says. "Postpartum depression and anxiety are very common and too many women suffer in silence without being properly diagnosed or treated." Early diagnosis of both conditions "is key to better outcomes for both mother and baby," Wider says, noting that women have the right to refuse the screening if they wish.
