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Targeted Regulation of Abortion Providers (TRAP)

Georgia 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

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

Abortion facilities must be "available at all reasonable and/or scheduled operating hours for observation and examination" by state officials.  The regulations offer no protections for patient privacy or confidentiality.  Ga. Comp. R. & Regs. r. 290-5-33-.08(1).

In order to provide post-first-trimester abortion care, a provider must be licensed as a hospital, an ambulatory surgical center, or an "abortion facility" (which must also be an ambulatory surgical center).  Ga. Comp. R. & Regs. r. 290-5-32-.01(g), -.02(1).  The state restricts providers in "abortion facilities" to providing only D&E procedures.  Ga. Comp. R. & Regs. r. 290-5-32-.02(1).  Therefore, any procedure after 13 weeks other than D&E must be provided in a hospital or an ambulatory surgical center.

Restrictions on Who May Provide Abortion Services

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

Only a physician licensed by the state to practice medicine and surgery may provide abortion care.  Ga. Code Ann. § 16-12-141(a) (Enacted 1968; Last Amended 2012).  Separate laws prohibit physician's assistants and advanced practice registered nurses from providing medication-abortion care.  Ga. Comp. R. & Regs. r.  480-22-.12(2),  360-32-.02(5)(i).

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