Targeted Regulation of Abortion Providers (TRAP)

Massachusetts 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.

Massachusetts has an unconstitutional and unenforceable requirement that all non-emergency abortions during or after the thirteenth week of pregnancy must be performed "in a hospital duly authorized to provide facilities for general surgery."  Mass. Gen. Laws Ann. ch. 112, § 12Q (Enacted 1974; Renumbered and Amended 1977).

A state appellate court held that the requirement is unconstitutional.  See In Re Mary Moe, 517 N.E.2d 170 (Mass. App. Ct. 1987).  See also Akron v. Akron Ctr. for Reprod. Health, 462 U.S. 416 (1983) (holding second trimester hospitalization requirement unconstitutionally burdens a woman's right to choose an abortion).

Restrictions on Who May Perform Abortions

Massachusetts prohibits certain qualified health care professionals from performing abortions.

Only a physician authorized to practice medicine in the state may perform an abortion.  Mass. Gen. Laws Ann. ch. 112, § 12K (Enacted 1974; Last Renumbered 1977; Last Amended 2005), Mass. Gen. Laws Ann. ch. 112, § 12L (Enacted 1974; Last Renumbered 1977).