Targeted Regulation of Abortion Providers (TRAP)
Wisconsin 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
Wisconsin places medically unnecessary restrictions on where abortion services may be provided.
Physicians may only provide first-trimester abortion services within 30 minutes traveling time of a hospital. Wis. Admin. Code § Med. 11.04(g). No exception is made for rural areas or for medication abortion.
Every physician providing abortion services must have admitting privileges at a hospital within 30 miles of the abortion facility. S.206, Gen. Assem., Reg. Sess. (Wis. 2013). Subsequently, the U.S. District Court for the Western District of Wisconsin issued a temporary restraining order enjoining the admitting privileges requirement. Planned Parenthood of Wisconsin v. Van Hollen. ---F.Supp.2d---, 2013 (W.D. Wis., 2013). The state appealed to the Seventh Circuit Court of Appeals, which upheld the temporary restraining order. Planned Parenthood of Wisconsin v. Van Hollen 738 F.3d 768. C.A.7 (Wis.), 2013. The Supreme Court denied cert in the case, so the law is not in effect at this time. Planned Parenthood of Wisconsin v. Van Hollen 134 S.Ct.2841, U.S., 2014.
Wisconsin has an unconstitutional requirement that all abortion services after the first trimester be provided in a hospital. Wis. Admin. Code § Med. 11.05.
A court held this requirement to be unconstitutional and unenforceable. Christensen v. Wis. Med. Bd., 551 F. Supp. 565 (W.D. Wis. 1982). See also Akron v. Akron Ctr. for Reprod. Health, 462 U.S. 416 (1983) (holding second-trimester hospitalization requirement unconstitutionally burdens a woman's right to choose).
Restrictions on Who May Provide Abortion Services
Wisconsin prohibits certain qualified health-care professionals from providing abortion services.
Only a physician may provide abortion care. Wis. Stat. Ann. § 940.04(5)(a) (Enacted 1956; Last Amended 2003); Wis. Admin. Code § Med. 11.03.