Targeted Regulation of Abortion Providers (TRAP)

Arizona 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

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

Any provider, other than a hospital, who performs five or more 1st trimester abortions in any month, or any 2nd or 3rd trimester abortions, must be licensed as an "abortion clinic."  Ariz. Rev. Stat. Ann. § 36-449.01(2) (Enacted 1999); Ariz. Admin. Code R9-10-1501(2).

Abortion clinics are subject to dozens of physical plant, recordkeeping, personnel, and patient care requirements.  Ariz. Admin. Code R9-10-1503 to -1508, -1511, -1512.

An abortion clinic must maintain ultrasound equipment and perform an ultrasound evaluation for any woman who elects to have an abortion after 12 weeks gestation.  Ariz. Rev. Stat. Ann. §§ 36-449.03, -2301.02 (Enacted 1999; Last Amended 2000).

Violators are subject to imprisonment for up to 30 days for each offense, and each day of each violation is considered a separate offense. Ariz. Rev. Stat. Ann. § 36-431 (Enacted 1971; Last Amended 1989), 13-707 (Enacted 1977; Last Amended 1987).  Civil penalties of up to $500 per violation per day also apply.  Ariz. Rev. Stat. Ann. § 36-431.01 (Enacted 1978; Last Amended 2001).

Although a district court has upheld a number of these regulations, an appellate court has reversed this decision and remanded the case back to the district court to determine whether the regulations as a whole constitute an "undue burden" on a woman's right to seek an abortion.  Tucson Women's Clinic v. Eden, No. CV 00-141-TUC-RCC, 2002 WL 32595282, (D. Ariz. Oct. 1, 2002), pet. for reh'g denied, pet. for reh'g en banc denied, rev'd in part, aff'd in part, and remanded, 379 F.3d 531 (9th Cir. 2004). The appellate court also affirmed the district court's decision to strike down (1) a regulation giving Department of Health Services unbounded access to unredacted patient records, (2) a regulation permitting the Department of Health Services to conduct unannounced, warrantless searches of abortion providers, and (3) a regulation requiring abortion providers to submit copies of fetal ultrasound prints to a private contractor and the Department of Health Services.  Upon remand to the district court, the parties stipulated a settlement, agreeing to eliminate some of the more onerous and medically unnecessary requirements and adding a regulation that provided the Department of Health Services only strictly regulated access to patient records. Stipulation of Settlement, Tuscon Women's Clinic v. Eden Tucson Women's Clinic v. Eden, 2002 WL 32595282, (D. Ariz. Oct. 1, 2002) (No. CV 00-141-TUC-RCC).

Restrictions on Who May Perform Abortions

Arizona prohibits certain qualified health care professionals from performing abortions.

A physician assistant may not perform a surgical abortion.  Ariz. Rev. Stat. Ann. § 32-2501(11) (Enacted 1984; Last Amended 2004); Ariz. Rev. Stat. Ann. § 32-2531 (A) (12) (Enacted 1984; Last Amended 2000).