Targeted Regulation of Abortion Providers

Abortion providers in the United States are subject to strict evidence-based regulations (such as state licensing requirements, federal workplace safety requirements, association requirements and medical ethics) to ensure patient safety. However, nearly half of states, 15 of which do not have a total abortion ban in place, have imposed additional regulations on abortion clinics. Most of these laws—referred to as targeted regulation of abortion providers, or TRAP laws—go beyond what is necessary to ensure patient safety. They vary widely in severity, though some are intended to be so burdensome that they shutter clinics that provide abortion care.

 

The table below focuses on two of the most burdensome types of TRAP laws:

  • Facility structural requirements. In many states, TRAP laws apply the facility requirements for ambulatory surgical centers to abortion clinics. These structural standards—such as specifications for procedure room size and corridor width—are not medically necessary for the safety of abortion care.
  • Arrangements with local hospitals. These types of arrangements include admitting privileges that allow a provider to admit and treat patients at a hospital and transfer agreements that allow an abortion facility to transfer patients to a hospital in the event of complications. Such arrangements may be difficult to establish or maintain: For instance, admitting privileges often require a provider to admit a minimum number of patients per year—a standard that abortion providers typically cannot reach because abortion complications requiring hospitalization are rare. In addition, some states specify that clinics be within a stated distance from the hospital with which they have an agreement, a standard that may be particularly hard for rural clinics to meet. Like facility structural requirements, arrangements with hospitals are medically unnecessary.
Highlights
  • 24 states have TRAP laws in effect.
    • 15 states impose structural standards on abortion facilities comparable to those for surgical centers. 8 states specify the size of the procedure room and/or the corridor width.
    • 9 states require that abortion facilities have transfer agreements with hospitals.
    • 7 states require that abortion providers have admitting privileges with hospitals.
    • 8 states specify the maximum distance between abortion facilities and a hospital for transfer agreements or admitting privileges.
  • 9 of the 24 states that require abortion providers to comply with TRAP laws also have total abortion bans. In these states, the TRAP laws are generally not enforced.
Current Policy Status Table
Targeted Regulation of Abortion Providers (TRAP) Laws
Jurisdiction Any TRAP law Facility structural requirements  Arrangements with local hospitals 
Any structural standards comparable to those for surgical centers Procedure room size  Corridor width  Transfer agreement with hospital required Admitting privileges with hospital required Maximum distance to hospital for transfer agreements or admitting privileges 
Alabama (total ban)     
Alaska       
Arizona    30 miles (for surgical abortions only); no distance specified for medication abortion but admitting privileges are required) 
Arkansas (total ban)  X (requires physicians involved in providing medication abortion to be able to facilitate transfer or have a signed agreement with a physician who can)  30 miles from a hospital that provides gynecologic or surgical care 
Connecticut       
Florida    X (physician must either have admitting privileges or there must be a written transfer agreement with a hospital within reasonable proximity to the clinic) X (physician must either have admitting privileges or there must be a written transfer agreement with a hospital within reasonable proximity to the clinic) reasonable proximity to the clinic 
Indiana (total ban)   X (physician must either have admitting privileges or must have written agreement with a physician who has written admitting privileges at a hospital in the county or contiguous county that are renewed annually) X (physician must either have admitting privileges or must have a written agreement with a physician who has written admitting privileges at a hospital in the county or contiguous county that are renewed annually) in the same county as or in a contiguous county to the facility where the abortion is performed 
Kentucky (total ban)     
Louisiana (total ban)    X (held invalid prior to Dobbs30 miles (held invalid prior to Dobbs
Maryland      
Mississippi (total ban)   
Nebraska       
North Carolina*       
North Dakota     X (privileges must include abortion procedures the physician will be performing at abortion facilities) 30 miles from a hospital where the abortion provider has privileges to replace on-staff physicians at that hospital
Ohio   X (required for ambulatory surgical facilities, which include abortion facilities)   
Oklahoma (total ban)     
Pennsylvania   
Rhode Island* X (specific to facilities that provide procedural abortion in settings where inhalation anesthesia is used)      
South Carolina X (requires that doors leading to the procedure room be a certain size)    
South Dakota (total ban)     
Texas (total ban)       
Utah     
Wisconsin     30 minutes 
Wyoming XX   X10 miles
Total 24 15 

Notes: Table includes only those jurisdictions with policies relevant to this topic in effect; it includes states that have TRAP laws that do not fall into the two categories of focus. States with total abortion bans are labeled; TRAP laws in those states are technically in effect but are enforceable only when an abortion is allowed under an exception to the total ban. The table generally reflects the wording of state statutes. 

*Different aspects of the TRAP laws apply based on when in pregnancy the care is being provided.


Source URL: https://www.guttmacher.org/state-policy/explore/targeted-regulation-abortion-providers