The majority of states require that a licensed physician be the provider performing an abortion procedure. States may also require additional qualifications for all abortion providers, including advanced training and experience, hospital admitting privileges, and OB/GYN certification. In Whole Woman’s Health v. Hellerstedt (2016), the U.S. Supreme Court found that Texas’ admitting privileges requirement placed an undue burden on abortion access, in violation of the Constitution.
This dataset identifies variation in states that have provider qualification requirements in effect from December 1, 2018 through October 1, 2021, as well as case law and attorney general opinions that affect the enforceability of these laws.
This dataset is a part of a suite of 16 datasets created by the Policy Surveillance Program of the Center for Public Health Law Research in collaboration with subject matter experts from Resources for Abortion Delivery (RAD), Guttmacher Institute, American Civil Liberties Union (ACLU), Center for Reproductive Rights (CRR), National Abortion Federation (NAF), and Planned Parenthood Federation of America (PPFA), who conceptualized and developed the Abortion Law Project. If you need broader contextual information on state laws and policies, national level information, or data and evidence related to abortion and other reproductive health issues, please contact the Guttmacher Institute at email@example.com.
Disclaimer: The information contained herein does not constitute legal advice. If you have questions regarding your legal rights or obligations, contact an attorney. If you are an abortion provider seeking legal compliance guidance, the following collaborating organizations may be able to assist you: ACLU, CRR, PPFA (for affiliated health centers), NAF, and Regulatory Assistance for Abortion Providers (a project of RAD).
The State Abortion Laws Database will be updated annually, with the next publication scheduled for release in December 2022.Read more...