Targeted Regulation of Abortion Providers (TRAP)
Indiana 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
Indiana places medically unnecessary restrictions on where abortion services may be provided.
In 2005, Indiana enacted a law giving state officials the ability to impose extensive new restrictions on abortion providers. This allows the state department of health to enact additional TRAP laws without further legislative approval. Ind. Code Ann. § 16-21-2-2.5 (Enacted 2005).
Among the most common TRAP regulations are those restricting the provision of abortion services to hospitals or other specialized facilities, which require doctors to obtain medically unnecessary additional licenses, needlessly convert their practices to mini-hospitals at great expense, or provide abortion services only in hospitals, an impossibility in many parts of the country.
Indiana requires all abortion services after the first trimester to be provided in a hospital or an ambulatory outpatient surgical center. Ind. Code Ann. §16-34-2-1(a)(2) (Enacted 1973; Recodified 1993; Last Amended 1997). Abortion services after 20 weeks must be provided in a hospital equipped with extensive neonatal units. Ind. Code Ann. § 16-34-2-3(a)(2) (Enacted 1993; Last Amended 2011).
Every provider of surgical and non-surgical abortion must have admitting privileges at a hospital in the same or an adjacent county or must have a transfer agreement with a physician who has such privileges. No exception is made for rural areas. Ind. Code Ann. §16-34-2-4.5 (Enacted 2011). S. 371, 118th Gen. Assem., 1st Reg. Sess. (Ind. 2013) (Enacted 2013). In Planned Parenthood of Indiana and Kentucky v. Commissioner, Indiana State Dept. of Health, a judge temporarily enjoined the non-surgical abortion provision because it treats abortion clinics and physician's offices differently and, in this case, would have caused the clinic bringing the suit to close. Planned Parenthood of Indiana and Kentucky v. Commissioner, Indiana State Dept. of Health, ---F.supp.2d---, 2013 WL 6181113, S.D. (Ind. 2013). A subsequent law has made these restrictions worse-providers are no longer allowed to enter into a transfer agreement with another physician. Now, despite the fact that nothing in the law requires hospitals to grant admitting privileges, every surgical abortion provider is required to have them. S.B. 292, 118th Gen. Assem. 2d Reg. Sess. (In. 2014).
Restrictions on Who May Provide Abortion Services
Indiana prohibits certain qualified health-care professionals from providing abortion services.
Only a physician licensed to practice medicine in the state may provide an abortion. Ind. Code Ann. § 16-18-2-202 (Enacted 1959; Recodified 1993; Last Amended 1993), Ind. Code Ann. § 16-18-2-282 (Enacted 1949; Recodified 1993; Last Amended 1993), Ind. Code Ann. § 16-34-2-1 (Enacted 1973; Recodified 1993; Last Amended 1997). S. 371, 118th Gen. Assem., 1st Reg. Sess (Ind. 2013) (Enacted 2013).
A court has upheld Indiana's pre-Roe abortion statutes as applied to non-physicians. Rhim v. State, 348 N.E.2d 620 (Ind. 1976).