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 abortion provider, including those that dispense, administer, or prescribe medication 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).
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).