Targeted Regulation of Abortion Providers (TRAP)

Idaho prohibits certain qualified health care professionals from performing abortions, and has an unconstitutional and unenforceable law that subjects abortion providers to burdensome restrictions not applied to other medical professionals.

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 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.

Idaho has an unconstitutional requirement that all second trimester abortions be performed in a hospital.  Idaho Code § 18-608(2) (Enacted 1973).

The U.S. Supreme Court held that a strict second trimester hospitalization requirement unconstitutionally burdens a woman's right to choose to have an abortion.  Akron v. Akron Ctr. for Reprod. Health, 462 U.S. 416 (1983).

The Idaho Attorney General has concluded that Idaho's second trimester hospitalization requirement is unconstitutional.  Idaho Op. Att'y Gen. No. 98-1 (Jan. 26, 1998).

Restrictions on Who May Perform Abortions

Idaho prohibits certain qualified health care professionals from performing abortions.

Only a physician licensed by the state to practice medicine and surgery or osteopathic medicine and surgery may perform an abortion.  Idaho Code § 18-604(5) (Enacted 1973; Last Renumbered 2000; Last Amended 2006); Idaho Code § 18-608 (Enacted 1973), Idaho Code § 18-608A (Enacted 2000).