Targeted Regulation of Abortion Providers (TRAP)

Alaska imposes a variety of burdensome requirements on abortion providers that are not imposed on other health care providers, including:

Restrictions on Where Abortions May Be Performed

Alaska places medically unnecessary restrictions on where abortions may be performed.

Alaska has an unconstitutional requirement that all abortions must be performed in a hospital, in a facility approved for that purpose by the state, or in a hospital operated by the federal government or one of its agencies.  Alaska Stat. § 18.16.010(a)(2) (Enacted 1970; Renumbered 1978; Reorganized 1986; Last Amended 2004).  Regulations further state that ambulatory surgical facilities (the only non-hospital facilities receiving state-approval to perform abortions) may not perform abortions after the first trimester; as a result, post-first trimester abortions must be performed in a hospital.  Alaska Stat. § 08.64.105 (Enacted 1970); Alaska Admin. Code tit. 7, § 12.370.

The Alaska Attorney General has concluded that the requirement that all abortions be performed in a hospital or other approved facility is invalid since it does not exclude the first trimester of pregnancy.  Alaska Op. Att'y Gen. No. J-66-816-81 (Oct. 7, 1981) (citing Sendak v. Arnold, 429 U.S. 968 (1976)).

The Alaska Attorney General has further stated that certain aspects of the regulation on first trimester abortions are "obviously problematic."  Alaska Op. Att'y Gen. No. 366-028-85 (July 24, 1984).

Although the Alaska Attorney General has not issued an opinion concerning the second trimester hospitalization requirement, such a requirement is unconstitutional and unenforceable under a U.S. Supreme Court case, which held that a second trimester hospitalization requirement unconstitutionally burdens a woman's right to choose an abortion. Akron v. Akron Ctr. for Reprod. Health 462 U.S. 416 (1983).

Restrictions on Who May Perform Abortions

Alaska prohibits certain qualified health care professionals from performing abortions.

Only a physician or surgeon licensed by the state may perform an abortion.  Alaska Stat. § 18.16.010(a)(1) (Enacted 1970; Renumbered 1978; Reorganized 1986; Last Amended 2004).

The Alaska Attorney General has issued an opinion stating that this law is constitutional.  Alaska Op. Att'y Gen. (Oct. 21, 1976).