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Michigan

Targeted Regulation of Abortion Providers (TRAP)

Michigan 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

Among the most common TRAP regulations are those restricting the provision of abortion services to hospitals or other specialized facilities, which place medically unnecessary and costly requirements on doctors and can decrease the availability of abortion care for women.  Michigan has such regulations, including:

Michigan has a regulatory scheme that is uniquely imposed on abortion providers and needlessly requires them to convert their practices to mini-hospitals.  These requirements include:

Any facility used to terminate a pregnancy at any stage is deemed a "pregnancy termination facility," and therefore, must comply with all requirements of a freestanding surgical outpatient facility, despite lack of medical necessity. The statute exempts only those physicians' offices and facilities where less than 50 percent of the patients annually served seek abortion services.  Mich. Comp. Laws Ann. § 333.20115 (Enacted 1978; Last Amended 1999); Mich. Admin. Code r. 325.3802(d), (h).

As part of licensure, each freestanding surgical outpatient facility must have a written transfer agreement with a nearby hospital to provide emergency care.  Mich. Comp. Laws Ann. § 333.20821 (Enacted 1978).  A court held that this restriction is unconstitutional because it delegates a licensing function to private entities, i.e., hospitals, without standards to guide their discretion.  Birth Control Centers, Inc. v. Reizen, E.D. Mich. 1981, 508 F.Supp. 1366, affirmed in part, vacated in part 743 F.2d 352.  The provision makes no exception for rural areas, or if no local hospitals will agree to a transfer agreement.

Restrictions on Who May Provide Abortion Services

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

A court held that Michigan's pre-Roe abortion prohibition is constitutional as applied to non-physicians.  Mich. Comp. Laws Ann. § 750.14 (Enacted 1931); People v. Bricker, 208 N.W.2d 172 (Mich. 1973).


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