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Targeted Regulation of Abortion Providers (TRAP)

Florida imposes extra restrictions on abortion providers, despite the fact that all health-care providers already must comply with a variety of federal and state regulations governing health, safety, building and fire codes, and zoning requirements.  

Restrictions on Where Abortion Services May Be Provided

Florida places medically unnecessary restrictions on where abortion services may be provided.

Any facility in which abortion services are provided must obtain an "abortion clinic" license from the state and must comply with a uniquely imposed licensure scheme not required of other medical providers. Fla. Stat. Ann. §§ 390.014(1), .014(3) (Enacted 1978; Last Amended 2008); Fla. Admin. Code Ann. r. 59A-9.020(1), .020(2).  Hospitals and physician's offices are exempted from the licensure requirement, provided that the office is not used primarily for the provision of abortion care.  Fla. Stat. Ann. § 390.011(2) (Enacted 1979; Last Amended 1990).  The licensing requirement has the following conditions:

Abortion clinics must maintain personal medical records of patients for a minimum of five years and they must be "systematically organized to facilitate storage and retrieval," but there is no limitation on who may have access to the records and no privacy protections are offered for patients whose records are seized.  Fla. Admin. Code Ann. r. 59A-9.031.  

In 2005, Florida adopted extensive additional new regulations that apply to providers of abortion services after the first trimester. Fla. Stat. Ann. § 390.012 (Enacted 2005; Last Amended 2011).

Restrictions on Who May Provide Abortion Services

Florida prohibits certain qualified health-care professionals from providing abortion services.

Only a physician licensed by the state in medicine or osteopathy, or practicing medicine or osteopathy and employed by the United States, may provide abortion care.  Fla. Stat. Ann. § 390.0111(2) (Enacted 1979; Last Amended 1999), Fla. Stat. Ann. § 390.011(7) (Enacted 1978; Last Renumbered 1998).

A court held that a previous version of this law was constitutional.  Wright v. State, 351 So. 2d 708 (Fla. 1977).

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