Targeted Regulation of Abortion Providers (TRAP)

Tennessee 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

A court held that Tennessee's attempt to impose a variety of burdensome requirements on abortion providers that are not imposed on other health care providers was unconstitutional and unenforceable. These requirements included:

Any facility used to terminate a pregnancy at any stage is deemed an ambulatory surgical treatment center, and must, therefore, comply with all requirements of ambulatory surgical treatment centers. The statute exempts only those physicians' offices that do not perform a "substantial number" of abortions. Tenn. Code Ann. § 68-11-201(3) (Enacted 1998).

Abortion facilities- including private physicians' offices- and other ambulatory surgical treatment centers, must comply with dozens of administrative, professional qualification, and physical plant requirements. Tenn. Comp. R. & Regs. 1200-8-10-.01 to .14. For example, each facility must have at all times a designated Medical Director who is a licensed physician. Tenn. Comp. R. & Regs. 1200-8-10-.04(9). Each facility must also have one or more surgical suites and those surgical suites are required to meet the same standards as hospital operating rooms, including those using general anesthesia. Tenn. Comp. R. & Regs. 1200-8-10-.06(1)(t) - (v).

A federal court permanently enjoined enforcement of the statute against certain providers due to the vagueness of the phrase "a substantial number of abortions." Bristol Reg'l Women's Ctr., P.C. v. Tenn. Dep't of Health, No. 3:99-0465 (M.D. Tenn. Oct. 23, 2001) (order granting judgment in favor of providers in relation to vagueness of statute).  Subsequently, a state court declared the statute to be unconstitutional and unenforceable in all circumstances. Tenn. Dep't of Health, v. Boyle, No. M2001-01738-COA-R3-CV, 2002 WL 31840685 (Tenn. Ct. App. Dec. 19, 2002).

Another statute imposed additional administrative requirements solely on ambulatory surgical treatment centers performing abortions. Tenn. Code Ann. §68-11-223 (Enacted 1989). The Tennessee Attorney General has concluded that certain administrative requirements imposed solely on abortion facilities were unconstitutional and unenforceable. Tenn. Op. Att'y Gen. No. 89-123 (Sept. 26, 1989).

Tennessee has an unconstitutional requirement that all second trimester abortions be performed in a hospital. Tenn. Code Ann. § 39-15-201(c)(2) (Enacted 1989).

The Tennessee Supreme Court struck down the second trimester hospitalization requirement as unconstitutional under the Tennessee Constitution. Planned Parenthood of Middle Tenn. v. Sundquist, 38 S.W.3d 1 (Tenn. 2000). See also Akron v. Akron Ctr. for Reprod. Health, 462 U.S. 416 (1983) (holding second trimester hospitalization requirement unconstitutionally burdens a woman's constitutional right to choose an abortion).

Restrictions on Who May Perform Abortions

Tennessee prohibits certain qualified health care professionals from performing abortions.

Only a physician licensed or certified by the state may perform an abortion. Tenn. Code Ann. § 39-15-201(c) (Enacted 1989).

An additional law states that no nurse practitioner or physician's assistant may write or sign a prescription for or dispense any drug or medication or perform any procedure involving a drug or medication whose sole purpose is to cause an abortion. Tenn. Code Ann. § 53-10-104(c) (Enacted 1994).