Targeted Regulation of Abortion Providers (TRAP)

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

Restrictions on Where Abortion Services May Be Provided

Among the most common TRAP regulations are those restricting the provision of abortion services 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. Louisiana has such regulations, including:

Any facility other than a hospital or an ambulatory surgical center - including a physician's private practice - must become licensed as an "outpatient abortion facility" if it provides any second-trimester or five or more first-trimester abortion procedures per month.  La. Rev. Stat. Ann. §§ 40:2175.3, :2175.4 (Enacted 2001). 

Without reference to medical necessity, outpatient abortion facilities are allowed to provide abortion services only in segregated procedure rooms removed from general traffic that are a minimum of 120 square feet, exclusive of vestibule, toilets, or closets.  Abortion Facility Licensure, 29 La. Reg. 902, 906 (June 20, 2003). 

Outpatient abortion facilities must have a governing body responsible for: organization and administration of the facility; designation of an administrator and a medical director; maintenance of the physical premises; establishment of a system of quality assurance, and a host of other responsibilities.  Abortion Facility Licensure, 29 La. Reg. 902, 904 (June 20, 2003). 

Louisiana also has a statute that creates special medical-malpractice liability for abortion providers.  The law states that any person who provides an abortion is liable to the "mother" of the "unborn child" for any damages occasioned or precipitated by the procedure.  The law permits suits to be brought against abortion providers for up to 10 years after the procedure.  La. Rev. Stat. Ann. § 9:2800.12 (Enacted 1997).

Restrictions on Who May Provide Abortion Services

Louisiana prohibits certain qualified health-care professionals from providing abortion services.

Only a physician licensed to practice medicine in the state may provide abortion care.  La. Rev. Stat. Ann. § 40:1299.35.2(A) (Enacted 1978; Last Amended 1999), La. Rev. Stat. Ann. § 40:1299.35.1(7) (Enacted 1978; Last Renumbered 2001).