Targeted Regulation of Abortion Providers (TRAP)

New York 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.

New York has an unconstitutional and unenforceable law requiring that all abortions after the 12th week of pregnancy be performed in a hospital and on an in-patient basis. N.Y. Pub. Health Law § 4164.1 (Enacted 1974).

The General Counsel for the New York Department of Health has concluded that the second trimester hospitalization requirement would be unconstitutional if enforced. Letter from Henry Greenberg, General Counsel, State of N.Y. Dep't of Health, to Erin Walker (Mar. 10, 1997).

Restrictions on Who May Perform Abortions

New York prohibits certain qualified health care professionals from performing abortions.

Only a licensed physician may perform an abortion. A woman may perform an abortion upon herself if she acts upon a physician's advice:  (1) that such act is necessary to preserve her life; or (2) within 24 weeks from the commencement of her pregnancy. N.Y. Penal Law § 125.05(3) (Enacted 1965; Last Amended 1970).