Essay About Abortion And Contraception Clinic Of Nebraska

Targeted regulation of abortion providers (TRAP) bills single out abortion clinics and providers and subject them to regulations that are more stringent than those applied to medical clinics generally. Unlike many restrictions intended to delay or influence a pregnant woman’s decision to obtain an abortion in the name of protecting a state’s interest in potential life, TRAP laws seek to eliminate access to safe abortion care by requiring that clinics meet medically unnecessary and sometimes ridiculous conditions (for example, the size of a janitor’s closet), thereby raising the costs of retrofitting clinics to a degree that makes running a clinic untenable.

Passed under the guise of safety and protecting women’s health, these laws make it difficult if not impossible for small, independent providers to perform abortions due to the expense and uncertainty involved in complying with onerous regulations. These laws also subject abortion providers to civil and criminal penalties and harassment in the form of multiple and unannounced clinic inspections, and interfere with their practice of medicine. In essence, these regulations, which force clinics to transform into miniature hospitals, do not reflect medical best practice standards, under which such regulations are entirely unnecessary.

According to the Guttmacher Institute, less than 0.3 percent of abortion patients in the United States experience a complication that requires hospitalization, making abortion one of the safest procedures in the country. The risk of dying from a legal abortion in the first trimester—which is when nearly nine in ten abortions in the United States are performed—is no more than four in a million. The risk of death from childbirth, by way of comparison, is about 14 times higher than that from abortion.

Given the procedure’s long track record of safety, nearly all abortions in the United States are performed in outpatient facilities such as doctors’ offices and clinics. Indeed, in 1983, the U.S. Supreme Court held in Akron v. Akron Center for Reproductive Health that requirements that abortions be performed in hospitals during the second trimester of pregnancy could not be justified on the basis of protecting the woman’s health and safety.

Nevertheless, anti-choice activists have found great success in imposing a variety of TRAP laws that create unnecessary and restrictive regulations.

There are three main categories of TRAP laws: (1) those requiring that abortion facilities (but not comparable outpatient clinical facilities) be licensed by the state and adhere to a wide range of medically unnecessary regulations governing such matters as physical construction, staffing, and procedures; (2) those requiring abortion facilities to meet the standards required for ambulatory surgical centers (ASCs), thus subjecting them to unaffordable regulations that are not necessary for outpatient facilities like abortion clinics, such as requiring surgical gurneys in clinics that do not even perform surgical (but only medical) abortion; and (3) those requiring doctors who perform abortion care to obtain special agreements with local hospitals—in the form of admitting privileges or transfer arrangements—which are often difficult or outright impossible to obtain due to the reluctance of hospitals to enter into such arrangements, and which medical consensus says are medically unnecessary.

Examples of TRAP Laws (last updated May 15, 2015)

According to the Guttmacher Institute, 24 states have laws or policies that regulate abortion providers in a manner beyond what is necessary to ensure patient safety. Each of these 24 states’ laws apply to clinics that perform surgical abortion. In 13 states, such regulations apply to physicians’ offices where abortions are performed; in 16 states, these regulations apply to clinics that provide medical abortions but do not provide surgical abortions.

Twenty-two states require facilities where abortion services are provided to meet standards intended for ambulatory surgical centers, with 11 states specifying the size of the room in which abortions are performed; 11 states specifying the width of corridors in abortion facilities; 11 states requiring abortion facilities to be within a set distance from a hospital; and seven states requiring abortion facilities to have an agreement with a local hospital in order to transfer patients if complications arise. (A total of 21 states require either an abortion facility or an individual provider to have a relationship with a hospital.)

Fourteen require abortion providers to have some affiliation with a local hospital, with five states requiring that providers have admitting privileges and nine states requiring providers to have either admitting privileges or an alternative arrangement, such as an agreement with another physician who has admitting privileges; and one state requiring the clinician to be either a board-certified obstetrician-gynecologist or eligible for certification—a standard that is clearly unnecessary since a range of providers can safely perform abortions.

As noted by the Center for Reproductive Rights, TRAP laws raise a variety of constitutional concerns. These laws may violate a woman’s constitutional right under Roe v. Wade to choose an abortion; subject women and abortion providers to unequal treatment under the law, in violation of the Equal Protection Clause of the 14th Amendment; subject abortion providers to vague criminal laws, in violation of the constitutional right to due process; infringe on abortion providers’ rights to be free from unreasonable search and seizure under the Fourth Amendment, since many TRAP laws permit health departments to inspect abortion facilities whenever the health departments choose; and, to the extent that certain state regulations permit health inspectors to view patient files, infringe on a patient’s constitutional right to informational privacy.

Laws

TitleNumberStateProposedStatus
Arizona Omnibus Abortion Bill (HB 2036) HB 2036 Arizona Jan 9, 2012 Blocked/Enjoined
Texas Omnibus Abortion Bill (HB 2) HB 2 Texas Jun 28, 2013 Current
North Carolina Motorcycle Abortion Bill (SB 353) SB 353 North Carolina Mar 19, 2013 Current
Wisconsin Ultrasound/Admitting Privileges Bill (SB 206) SB 206 Wisconsin Jun 4, 2013 Blocked/Enjoined
Ohio Omnibus Abortion Budget Bill (HB 59) HB 59 Ohio Feb 12, 2013 Current
Alabama TRAP Law (HB 57) HB 57 Alabama Feb 5, 2013 Blocked/Enjoined
North Dakota Admitting Privileges Law (SB 2305) SB 2305 North Dakota Jan 24, 2013 Blocked/Enjoined
Texas Omnibus Abortion Bill (SB 5) SB 5 Texas Jun 11, 2013 Failed to Pass
Texas Omnibus Abortion Bill (HB 60) HB 60 Texas Jun 12, 2013 Failed to Pass
Texas Omnibus Abortion Bill (SB 1) SB 1 Texas Jul 1, 2013 Failed to Pass
Texas Admitting Privileges Law (HB 2816) HB 2816 Texas Mar 7, 2013 Failed to Pass
Texas Admitting Privileges Law (SB 1198) SB 1198 Texas Mar 6, 2013 Failed to Pass
Texas Admitting Privileges Law (HB 57) HB 57 Texas Jun 11, 2013 Failed to Pass
Texas Ambulatory Surgical Center Bill (SB 537) SB 537 Texas Feb 13, 2013 Failed to Pass
Michigan TRAP Law (HB 4162) HB 4162 Michigan Jan 31, 2013 Failed to Pass
Arizona Omnibus Bill (HB 2284) HB 2284 Arizona Jan 16, 2014 Current
Wisconsin Ultrasound/Admitting Privileges Bill (AB 227) AB 227 Wisconsin Jun 3, 2013 Blocked/Enjoined
Wisconsin Fetal Remains Bill (AB 252) AB 252 Wisconsin Jun 20, 2013 Failed to Pass
Texas Ambulatory Surgical Center Bill (SB 24) SB 24 Texas Jun 5, 2013 Failed to Pass
Pennsylvania Admitting Privileges Bill (HB 1762) HB 1762 Pennsylvania Feb 4, 2014 Failed to Pass
Wisconsin Bill to Repeal Ultrasound/Admitting Privileges Bill (SB 623) SB 623 Wisconsin Feb 20, 2014 Failed to Pass
Missouri Omnibus Bill Regarding Enforcement of Abortion Laws (HB 1846) HB 1846 Missouri Feb 13, 2014 Failed to Pass
Missouri Abortion Clinic Inspection Law 2014 (SB 770) SB 770 Missouri Jan 23, 2014 Failed to Pass
Missouri Abortion Clinic Inspection Law (HB 1352) HB 1352 Missouri Jan 14, 2014 Failed to Pass
Missouri Abortion Clinic Inspection Law (HB 1478) HB 1478 Missouri Jan 16, 2014 Failed to Pass
Missouri Abortion-Inducing Drug Safety Act (HB 177) HB 177 Missouri Jan 16, 2013 Failed to Pass
West Virginia Admitting Privileges Bill (HB 4593) HB 4593 West Virginia Feb 17, 2014 Failed to Pass
Oklahoma Admitting Privileges Law (HB 2418) HB 2418 Oklahoma Feb 3, 2014 Failed to Pass
Oklahoma Protection of Human Life Act of 2014 (SB 1848) SB 1848 Oklahoma Feb 3, 2014 Blocked/Enjoined
Louisiana Omnibus Abortion Bill (HB 388) HB 388 Louisiana Feb 25, 2014 Blocked/Enjoined
Alabama TRAP Law (SB 130) SB 130 Alabama Feb 5, 2013 Failed to Pass
Mississippi Admitting Privileges Bill (HB 1390) HB 1390 Mississippi Feb 20, 2014 Blocked/Enjoined
South Carolina Admitting Privileges Bill (S 204) S 204 South Carolina Jan 9, 2013 Failed to Pass
North Carolina Act Amending the Woman’s Right to Know Act (SB 308) SB 308 North Carolina Mar 13, 2013 Failed to Pass
North Carolina Family, Faith, and Freedom Protection Act (HB 695) HB 695 North Carolina Apr 9, 2013 Failed to Pass
Ohio Bill to Repeal Abortion Restrictions in Budget Bill (HB 280) HB 280 Ohio Oct 2, 2013 Proposed
Kansas Law Regarding Licensing Regulations of Abortion Clinics (SB 36) SB 36 Kansas Jan 19, 2011 Current
Tennessee Life Defense Act of 2012 (SB 3323) SB 3323 Tennessee Jan 26, 2012 Failed to Pass
Tennessee Life Defense Act of 2012 (HB 3808) HB 3808 Tennessee Feb 1, 2012 Current
Virginia Bill Regarding Classification of Abortion Clinics as Hospitals (SB 1115) SB 1115 Virginia Jan 9, 2013 Failed to Pass
Virginia Bill Regarding Classification of Abortion Clinics as Hospitals (HB 2182) HB 2182 Virginia Jan 9, 2013 Failed to Pass
Virginia Bill Regarding Classification of Abortion Clinics as Hospitals (HB 2183) HB 2183 Virginia Jan 9, 2013 Failed to Pass
West Virginia Admitting Privileges Bill (HB 2243) HB 2243 West Virginia Jan 9, 2014 Failed to Pass
West Virginia TRAP Law Regarding Written Policies and Procedures (HB 2242) HB 2242 West Virginia Jan 9, 2014 Failed to Pass
Idaho Omnibus Bill Including Medication Abortion Restrictions (SB 1193) S 1193 Idaho Mar 22, 2013 Failed to Pass
Indiana TRAP Law (SB 292) SB 292 Indiana Jan 14, 2014 Current
Indiana Omnibus Abortion Bill (SB 371) SB 371 Indiana Jan 8, 2013 Blocked/Enjoined
Indiana TRAP Law (HB 1316) HB 1316 Indiana Jan 13, 2014 Failed to Pass
Indiana TRAP Law (SB 179) SB 179 Indiana Jan 7, 2013 Failed to Pass
Nebraska Bill Regarding Informed Consent Information (LB 300) LB 300 Nebraska Jan 17, 2013 Failed to Pass
Nebraska Bill Regarding Health-Care Facility Abortion Signs (LB 1032) LB 1032 Nebraska Jan 22, 2014 Failed to Pass
Nebraska Resolution Regarding Abortion Clinic Study (LR 338) LR 338 Nebraska May 20, 2013 Failed to Pass
Kentucky Out-of-State Minor Abortion Provisions (HB 180) HB 180 Kentucky Jan 9, 2014 Failed to Pass
Illinois Ambulatory Surgical Treatment Center Regulations (HB 2684) HB 2684 Illinois Feb 21, 2013 Proposed
Illinois Bill Amending Ambulatory Surgical Treatment Center Act (HB 5462) HB 5462 Illinois Feb 11, 2014 Failed to Pass
Missouri Abortion Clinic Inspection Law 2015 (SB 33) SB 33 Missouri Dec 1, 2014 Failed to Pass
Missouri Abortion Clinic Inspection Law 2015 (HB 190) HB 190 Missouri Dec 9, 2014 Failed to Pass
Florida Admitting Privileges Bill (HB 147) HB 147 Florida Dec 29, 2014 Failed to Pass
South Carolina Admitting Privileges Bill (S 92) S 92 South Carolina Dec 3, 2014 Proposed
Iowa Woman’s Right to Know Act (SF 12) SF 12 Iowa Jan 2, 2015 Failed to Pass
Texas Bill Regarding Human Trafficking Education for Abortion Providers (HB 416) HB 416 Texas Dec 1, 2014 Current
Federal Pregnant Women Health and Safety Act (S 139) S 139 Federal Jan 24, 2013 Failed to Pass
Federal Pregnant Women Health and Safety Act (S 78) S 78 Federal Jan 7, 2015 Proposed
Oregon Bill Regarding Ambulatory Surgical Centers (SB 752) SB 752 Oregon Feb 26, 2013 Failed to Pass
Missouri Law Regarding Family Planning Funding Prioritization and Clinic Inspections (HB 427) HB 427 Missouri Jan 8, 2015 Failed to Pass
Oklahoma Abortion Procedure Compliance Requirements (SB 642) SB 642 Oklahoma Feb 2, 2015 Blocked/Enjoined
Arizona Omnibus Bill (SB 1318) SB 1318 Arizona Feb 2, 2015 Blocked/Enjoined
Arizona Bill Repealing Clinic Inspection Law (HB 2638) HB 2638 Arizona Feb 9, 2015 Failed to Pass
Colorado Women’s Health Protection Act – TRAP Law (HB 1128) HB 1128 Colorado Jan 16, 2015 Failed to Pass
New Hampshire Women’s Health Protection Act (HB 1501) HB 1501 New Hampshire Dec 6, 2013 Failed to Pass
Florida Admitting Privileges Bill (SB 920) SB 920 Florida Feb 16, 2015 Failed to Pass
Tennessee Bill Regarding Informed Consent and Waiting Period (HB 977) HB 977 Tennessee Feb 12, 2015 Failed to Pass
Tennessee Bill Regarding Definition of “Ambulatory Surgical Center” (SB 1280) SB 1280 Tennessee Feb 12, 2015 Blocked/Enjoined
Tennessee Bill Regarding Definition of “Ambulatory Surgical Center” (HB 1368) HB 1368 Tennessee Feb 12, 2015 Failed to Pass
Tennessee Bill Regarding Definition of “Ambulatory Surgical Center” (SB 50) SB 50 Tennessee Jan 14, 2015 Failed to Pass
Tennessee Bill Regarding Definition of “Ambulatory Surgical Center” (SB 716) SB 716 Tennessee Feb 11, 2015 Proposed
Tennessee Bill Regarding Definition of “Ambulatory Surgical Center” (HB 948) HB 948 Tennessee Feb 12, 2015 Proposed
Idaho Admitting Privileges Bill (S 1102) S 1102 Idaho Feb 16, 2015 Failed to Pass
Idaho Admitting Privileges Bill (S 1094) S 1094 Idaho Feb 13, 2015 Failed to Pass
Michigan Bill Regarding Performance of Abortion in Hospital With Neonatal Unit (HB 4146) HB 4146 Michigan Feb 5, 2015 Proposed
New Mexico Parental Notification of Abortion Act (HB 391) HB 391 New Mexico Jan 29, 2015 Failed to Pass
New Mexico Admitting Privileges Bill (SB 437) SB 437 New Mexico Jan 26, 2015 Failed to Pass
Arkansas Abortion-Inducing Drug Safety Act (HB 1394) HB 1394 Arkansas Feb 17, 2015 Current
Arkansas Abortion Providers’ Admitting Privileges Act (HB 1421) HB 1421 Arkansas Feb 19, 2015 Failed to Pass
Indiana TRAP Law (SB 546) SB 546 Indiana Jan 14, 2015 Current
Minnesota Bill Regarding Abortion Facilities Licensure Requirement (SF 616) SF 616 Minnesota Feb 9, 2015 Failed to Pass
Minnesota Bill Regarding Abortion Facilities Licensure Requirement (SF 794) SF 794 Minnesota Feb 12, 2015 Failed to Pass
Minnesota Bill Regarding Abortion Facilities Licensure Requirement (HF 606) HF 606 Minnesota Feb 5, 2015 Failed to Pass
Minnesota Bill Regarding Abortion Facilities Licensure Requirement (HF 788) SF 788 Minnesota Feb 19, 2015 Failed to Pass
New York Bill Regarding Abortion Clinic Inspections (A 3048) A 3048 New York Jan 21, 2015 Failed to Pass
New York Bill Regarding Abortion Clinic Inspections (S 2128) S 2128 New York Jan 21, 2015 Failed to Pass
Minnesota Bill Regarding Abortion Facilities Licensure Requirement (SF 752) SF 752 Minnesota Feb 25, 2013 Failed to Pass
Minnesota Bill Regarding Abortion Facilities Licensure Requirement (HF 900) HF 900 Minnesota Feb 25, 2013 Failed to Pass
Nebraska Bill Regarding Definition of “Ambulatory Surgical Center” (LB 114) LB 114 Nebraska Jan 9, 2015 Proposed
Nebraska TRAP Law (LB 187) LB 187 Nebraska Jan 12, 2015 Failed to Pass
Massachusetts Bill Regarding the Definition of Health Clinics (H 2039) H 2039 Massachusetts Mar 11, 2015 Failed to Pass
Maryland Admitting Privileges Bill (SB 900) SB 900 Maryland Mar 4, 2015 Failed to Pass
Iowa Bill Prohibiting Abortions at State-Funded Institutions (HF 422) HF 422 Iowa Feb 26, 2015 Failed to Pass
Illinois Bill Regarding Ambulatory Surgical Treatment Centers (HB 3274) HB 3274 Illinois Feb 25, 2015 Proposed
Texas Bill Regarding Abortion Facility Licensing and Registration Applicability (HB 1880) HB 1880 Texas Feb 25, 2015 Failed to Pass
Texas Bill Regarding Abortion Facility Standards (HB 3447) HB 3447 Texas Mar 12, 2015 Failed to Pass
Texas Bill Regarding Abortion Facility Sign Requirements (HB 3446) HB 3446 Texas Mar 12, 2015 Failed to Pass
Texas Bill Regarding Abortion Facility Licensure and Registration Applicability (SB 114) SB 114 Texas Jan 27, 2015 Failed to Pass
Arkansas Bill Amending Laws Related to Abortion Clinics (SB 1050) SB 1050 Arkansas Mar 9, 2015 Failed to Pass
Georgia Bill Regarding Abortion Statistics and Reporting Requirements (HB 555) HB 555 Georgia Mar 4, 2015 Current
Oregon Bill Regarding Definition of “Ambulatory Surgical Centers” (HB 3228) HB 3228 Oregon Feb 27, 2015 Failed to Pass
North Carolina Women and Children’s Protection Act (S 604) S 604 North Carolina Mar 26, 2015 Proposed
West Virginia Bill Regarding Parental Consent at Abortion Facilities (HB 2172) HB 2172 West Virginia Jan 21, 2015 Failed to Pass
Alabama Bill Regarding Abortion Clinic Licensing (HB 527) HB 527 Alabama Apr 21, 2015 Failed to Pass
Texas Bill Regarding Human Trafficking Education for Abortion Providers (SB 1873) SB 1873 Texas Mar 13, 2015 Failed to Pass
Maine Bill to License Outpatient Surgical Abortion Facilities (LD 1312) LD 1312 Maine Apr 9, 2015 Failed to Pass
Kentucky Admitting Privileges Bill (HB 251) HB 251 Kentucky Feb 6, 2013 Failed to Pass
Missouri Admitting Privileges Law Mo. Rev. Stat. § 188.080 Missouri Current
Utah Admitting Privileges Law Admin Code § R432-600-13 Utah no-longer-in-effect: No Longer In Effect
Washington Human Trafficking Reporting Act (SB 5880) SB 5880 Washington Feb 9, 2015 Proposed
Illinois Ultrasound Opportunity Act (HB 2683) HB 2683 Illinois Feb 21, 2013 Failed to Pass
West Virginia Resolution Requesting Study of Abortion Providers (HCR 167) HCR 167 West Virginia Apr 13, 2013 Failed to Pass
Maryland Abortion Survey System Bill (SB 455) SB 455 Maryland Jan 30, 2013 Failed to Pass
Ohio Bill Regarding Medication Abortion Restrictions (HB 255)

Other info

“Butcher of Bellevue” Strikes: 17-Week Abortion Gone Wrong At Carhart’s Nebraska Abortion Mill, 3/27/2017Carhart Subpoenas Seek Records of Baby Parts Trafficking & Aborted Babies Born AliveNew 911 Recording: Incomplete Abortion, Bleeding Hospitalizes Carhart Nebraska PatientWhat would a late-term abortionist say to med students? I found out.Carhart Worker to 911: “We had an issue with the procedure”911: Moans, Screams Heard from Botched Abortion Victim at Carhart's Nebraska Clinic - March 31, 2012Nebraska Attorney General Seeks License Revocation of Carhart's Only Nurse for Improperly Drugging Patients, Other Violations - May 22, 2013

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