Targeted Regulation of Abortion Providers (TRAP)

Pennsylvania 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

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

Any medical facility - including a private physician's office - in which an abortion is performed must be approved by the state as an abortion facility.  28 Pa. Code § 29.43(a).  All abortion facilities must meet additional administrative, professional qualification, patient testing, and physical plant requirements. 28 Pa. Code § 29.33, .38.

Abortion facilities that perform 100 or more abortions per year must pay a fee similar to that of an ambulatory surgical facility.  These facilities must meet yet even more administrative requirements. 40 Pa. Cons. Stat. Ann. § 305(c), 315(a)-(c) (Enacted 2002; Last Amended 2006).

All providers must be located within 30 minutes of a hospital that has agreed in writing to "supply emergency services" to the clinic's patients.  28 Pa. Code § 29.33(10). No exception is made for rural areas.

Pennsylvania has a partially unconstitutional requirement that all abortions after the first trimester be performed in a hospital that maintains an "obstetrical service" in compliance with state regulations.  28 Pa. Code § 29.34.

The U.S. Supreme Court held that a second trimester hospitalization requirement unconstitutionally burdens a woman's right to choose an abortion.  Akron v. Akron Ctr. for Reprod. Health, 462 U.S. 416 (1983).

Restrictions on Who May Perform Abortions

Pennsylvania prohibits certain qualified health care professionals from performing abortions.

Only a physician or doctor of osteopathy licensed to practice medicine in the state may perform an abortion. 18 Pa. Cons. Stat. Ann. § 3203 (Enacted 1982; Last Amended 1990); 18 Pa. Cons. Stat. Ann. § 3204 (Enacted 1982; Last Amended 1990).