Targeted Regulation of Abortion Providers (TRAP)

Kentucky 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

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

Providers of any abortions at any stage of pregnancy - including private physicians - must comply with administrative, physical plant, and employee testing requirements.  Ky. Rev. Stat. Ann. §§ 216B.015(1), 216B.020(2)(b) (Original Statute Enacted 1980; Relevant Provision Enacted 1998), Ky. Rev. Stat. Ann §§ 216B.0431 (Enacted 1998), 216B.0435 (Enacted 1998); 902 Ky. Admin. Regs. 20:360.

Every abortion facility must enter into a written agreement with a hospital and an ambulance service in which the hospital and ambulance service each agree in advance to accept and treat the abortion provider's patients if complications arise.  Ky. Rev. Stat. Ann. § 216B.0435 (Enacted 1998).  Nothing in the statute requires hospitals or ambulance services to agree to enter into such agreements.

Providers are subject to unannounced inspections at any time.  902 Ky. Admin. Regs. 20:360 § 2(4)(a); Ky. Rev. Stat. Ann. § 216B.042(2) (Original Statute Enacted 1982; Relevant Provision Enacted 1994).

Restrictions on Who May Perform Abortions

Kentucky prohibits certain qualified health care professionals from performing abortions.

Only a physician licensed by the state to practice medicine or osteopathy, or the woman upon herself upon the advice of a licensed physician during the first trimester, may perform an abortion.  Only a licensed physician may perform an abortion after the first trimester.  Ky. Rev. Stat. Ann. § 311.750 (Enacted 1974), Ky. Rev. Stat. Ann. § 311.760 (Enacted 1974; Last Amended 1982), Ky. Rev. Stat. Ann. § 311.720(9) (Enacted 1974; Last Amended 1982).  An additional statute provides that only a physician may perform an abortion.  Ky. Rev. Stat. Ann. § 311.723(1) (Enacted 1982).  A court has ruled that this provision is unconstitutional because it conflicts with §311.760, which allows the woman to perform an abortion upon herself during the first trimester, thereby subjecting the physician and the woman to confusion and uncertainty regarding their rights.  Eubanks v. Brown, 604 F. Supp. 141 (W.D. Ky. 1984).