Targeted Regulation of Abortion Providers (TRAP)

Wisconsin 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

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

Physicians may only perform first-trimester abortions within 30 minutes traveling time of a hospital. Wis. Admin. Code § Med. 11.04(g). No exception is made for rural areas or for non-surgical abortions.

Wisconsin has an unconstitutional requirement that all abortions after the first trimester be performed in a hospital. Wis. Admin. Code § Med. 11.05.

A court held this requirement to be unconstitutional and unenforceable. Christensen v. Wis. Med. Bd., 551 F. Supp. 565 (W.D. Wis. 1982). 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

Wisconsin prohibits certain qualified health care professionals from performing abortions.

Only a physician may perform an abortion. Wis. Stat. Ann. § 940.04(5)(a) (Enacted 1956; Last Amended 2003); Wis. Admin. Code § Med. 11.03.