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New Jersey

Targeted Regulation of Abortion Providers (TRAP)

New Jersey 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

New Jersey places medically unnecessary 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 require doctors to obtain medically unnecessary additional licenses, needlessly convert their practices to mini-hospitals at great expense, or provide abortion care only in hospitals, an impossibility in many parts of the country.

New Jersey requires that abortion services after the 14th week be provided only in a "licensed hospital" or a "licensed ambulatory care facility," and specifies that post-14-week procedures other than dilation and evacuation must be provided only in a licensed hospital. N.J. Admin. Code tit. 13, § 35-4.2 (d) - (e) (Enacted 1978; Renumbered 1984; Last Amended 1986).

Abortion providers who offer services after the 18th week must have admitting and surgical privileges at a hospital within 20 minutes' driving time of the abortion facility.  Nothing requires a hospital to grant such privileges, nor is an exception made for rural areas.  N.J. Admin. Code tit. 13, § 35-4.2 (f).

Restrictions on Who May Provide Abortion Services

New Jersey prohibits certain qualified health-care professionals from providing surgical abortion services.

Only a physician licensed to practice medicine and surgery in the state may provide abortion care. N.J. Admin. Code tit. 13, § 35-4.2(b) (Enacted 1978; Renumbered 1986; Last Amended 1986).

Certain procedures require the doctor to be a board-certified or eligible OB/GYN.  N.J. Admin. Code tit. 13 § 35-4.1, 4.2(Enacted 1978; Renumbered 1986; Last Amended 1986).


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