Targeted Regulation of Abortion Providers (TRAP)

Ohio 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

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

Each clinic must have a written transfer agreement with a hospital.  Ohio Admin. Code § 3701-83-19(E).  A federal appeals court held that this restriction is constitutional, even if it means that some clinics may not be able to operate.  Women's Med. Prof'l Corp. v. Baird, 438 F.3d 595 (6th Cir. 2006).  The provision makes no exception for clinics in rural areas, or if no local hospitals will agree to a transfer agreement.

Ohio has an unconstitutional and unenforceable requirement that all abortions after the 14th week after the first day of the woman's last menstrual period be performed in a hospital.  Ohio Admin. Code § 3701-47-01(E), 3701-47-02(A) ("Immediate post-abortion care shall be provided in a hospital.").

The U.S. Supreme Court held that a 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).

Restrictions on Who May Perform Abortions

Ohio prohibits certain qualified health care professionals from performing abortions.

Only a person certified by the state medical board to practice medicine or surgery may perform an abortion.  Ohio Rev. Code Ann. § 2919.11 (Enacted 1974), Ohio Rev. Code Ann. § 4731.41 (Original Statute Enacted 1868; Recodified 1953; Last Amended 1998).