Targeted Regulation of Abortion Providers (TRAP)

Arkansas 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

Among the most common TRAP regulations are those restricting the performance of abortions to hospitals or other specialized facilities, which place medically unnecessary and costly requirements on doctors and can decrease the availability of abortion care for women. Arkansas has such regulations, including:

Any facility whose "primary function" is to terminate or abort pregnancies must obtain a state "abortion facility" license.  Ark. Code Ann. § 20-9-302(a) (Enacted 1983; Last Amended 1987); Ark. State Bd. of Health, Rules and Regulations for Abortion Facilities § 4.  Providers must pay $1000 to obtain a license and $1000 each year to renew the license.  Ark. State Bd. of Health, Rules and Regulations for Abortion Facilities §§ 4(C), 4(D).

Arkansas created a separate set of regulations that apply specifically to abortion facilities, which encompasses a variety of administrative, physical plant, recordkeeping, personnel, and patient care requirements.  Ark. State Bd. of Health, Rules and Regulations for Abortion Facilities §§ 1-12. The physical plant requirements are in addition to "building, fire, subdivision and zoning codes, ordinances, and regulations of city, county and other state agencies" and include such things as required number of rooms and minimum room dimensions, without reference to medical necessity.  Ark. State Bd. of Health, Rules and Regulations for Abortion Facilities §§ 12 (D)(1), (E)(13-17).

The state has extensive warrantless access to providers' facilities.  "Any authorized representative of the Arkansas Department of Health shall have the right to enter upon or into the premises of any Abortion Facility at any time in order to make whatever inspection it deems necessary" to ensure compliance with regulations.  Ark. State Bd. of Health, Rules and Regulations for Abortion Facilities § 4(I).

Among the most common TRAP regulations are those restricting the performance of abortions to hospitals or other specialized facilities, which require doctors to obtain medically unnecessary additional licenses, needlessly convert their practices to mini-hospitals at great expense, or perform abortions only in hospitals, an impossibility in many parts of the country.

Arkansas requires that any abortion performed after the 20th week of pregnancy be performed in a licensed hospital.  Ark. State Bd. of Health, Rules and Regulations for Abortion Facilities, § 3.

Restrictions on Who May Perform Abortions

Arkansas prohibits certain qualified health care professionals from performing abortions.

Only a person licensed to practice medicine in the state may perform an abortion.  Ark. Code Ann. § 5-61-101 (Enacted 1983; Last Amended 1999).