In the United States, pregnant people regularly rely on advanced practice clinicians (APCs) for reproductive health care. These trusted professionals include physician assistants, registered nurses, and certified nurse midwives. They have advanced degrees and perform a wide range of services, including abortions. APCs also play a crucial role in providing health care in underserved areas, such as rural Alaska.
It may come as a surprise, then, to learn that it’s long been a crime for APCs to provide abortions in Alaska. A law enacted in 1970, AS 18.16.010(a)(1), says that only licensed physicians can perform abortions. Those who violate the law face up to five years in prison or a fine of up to $1,000.
In 2019, Planned Parenthood Great Northwest, Hawai’i, Alaska, Indiana, and Kentucky filed a lawsuit to finally put an end to this unnecessary law. For the last five years, we’ve worked on the case alongside Stoel Rives, Planned Parenthood Federation of America, and the ACLU of Alaska.
Now, we’re excited to share that we won a permanent injunction from the trial court in Alaska. Judge Josie Garton’s strongly worded ruling recognizes that Alaska’s law violates the rights to privacy and equal protection of pregnant people and the right to equal protection of APCs. She also recognized that the law does nothing to serve patient health or safety.
This ruling is especially important for a state with a physician shortage. Allowing APCs to provide abortions will make it easier for pregnant people to schedule appointments. Because abortions are time sensitive, an earlier appointment can make all the difference. It can mean a patient gets the type of abortion they want. It can mean a patient avoids pregnancy complications. And it can mean that a survivor of intimate partner violence can get care without attracting attention and putting themselves in danger.
