Alaska Court Permanently Strikes Down Unnecessary Restrictions on Abortion Providers

The permanent injunction eliminates restrictions and allows additional qualified health professionals to continue providing abortion 

ANCHORAGE, AK — A Superior Court in Alaska has permanently blocked a law preventing advanced practice clinicians (APCs) — such as physician assistants, nurse practitioners, and certified nurse midwives — from providing medication and aspiration abortion, even when they are within the APCs’ scope of practice (the “APC ban”). The APC ban, which is the only law in Alaska that restricts the kind of care APCs are allowed to provide, explicitly targets abortion access: APCs in the state could already provide nearly identical care to patients experiencing miscarriage. 

In its decision, the Superior Court held that the APC ban violated Alaskans’ fundamental right to privacy, including access to abortion, and their guarantee to equal protection. “When APCs are barred from providing abortion, there are fewer available providers, fewer appointments, and potential for greater delay,” the court wrote. The ruling expands the scope of a 2021 preliminary injunction in the case, which allowed APCs to provide medication abortion; APCs have been providing medication abortion safely and effectively in Alaska since then.

“By striking down these unnecessary restrictions, the court affirmed what we knew all along: every Alaskan deserves the freedom to seek abortion care from trusted providers in their own communities,” said Rebecca Gibron, CEO of PPGNHAIK. “Advanced practice clinicians are critical to ensuring that Alaskans, especially people with low incomes and those in rural areas, are able to access the time-sensitive care they need. This ruling means that providers at Planned Parenthood Great Northwest, Hawai’i, Alaska, Indiana, Kentucky can continue serving Alaskans, no matter where in the state they live.” 

"This decision upholds the rights of Alaskans to determine our own futures and make health care decisions that best serve our families," said Mara Kimmel, Executive Director for the ACLU of Alaska. "This ruling affirms yet again that our constitution protects and defends our core values, including our rights to privacy and equal protection. It is welcome news for Alaskans seeking abortion care, especially in rural areas." 

The court’s decision will increase the number of providers able to offer this essential health care and is a move toward improving maternal health outcomes and equity. 

The APC ban limited abortion access for people in Alaska and directly contradicted guidance from all leading medical organizations. The medically unnecessary APC Ban, like most abortion restrictions, disproportionately harmed Alaska’s most underserved communities. APCs have safely provided abortion in other states for decades and are an important source of health care, especially in rural areas of Alaska where access may otherwise be limited

The lawsuit, brought on behalf of PPGNHAIK, was initially filed in 2019. PPGNHAIK was represented by attorneys from Planned Parenthood Federation of America, Legal Voice, Stoel Rives LLP, and the ACLU of Alaska.
 

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Planned Parenthood is the nation’s leading provider and advocate of high-quality, affordable sexual and reproductive health care for all people, as well as the nation’s largest provider of sex education. With nearly 600 health centers across the country, Planned Parenthood organizations serve all patients with care and compassion, with respect, and without judgment, striving to create equitable access to health care. Through health centers, programs in schools and communities, and online resources, Planned Parenthood is a trusted source of reliable education and information that allows people to make informed health decisions. We do all this because we care passionately about helping people lead healthier lives. Planned Parenthood Federation of America (PPFA) is a 501(c)(3) charitable organization that supports the independently incorporated Planned Parenthood affiliates operating health centers across the U.S.

Planned Parenthood Great Northwest, Hawai‘i, Alaska, Indiana, Kentucky (PPGNHAIK) is a leading sexual and reproductive health care provider and advocate. The organization operates 35 health centers in Alaska, Hawai‘i, Idaho, Indiana, Kentucky, and Western Washington and provides medical services and sexuality education for thousands of people each year. Planned Parenthood is a 501(c)(3) not-for-profit organization and relies heavily on charitable donations to ensure our patients' ability to determine their own destinies and receive the health care they need.

The ACLU of Alaska defends the civil rights and liberties of all Alaskans through litigation, advocacy, and community engagement. We strive to create a more equitable state by partnering with a diverse network of Alaskans dedicated to preserving the rights guaranteed by the U.S. and Alaska Constitutions. The ACLU of Alaska, founded in 1971, is one of the 53 state ACLU affiliates that strive to make the Bill of Rights real for everyone and to uphold the promise of the Constitution—because freedom can’t protect itself.

Legal Voice is a progressive feminist organization using the power of the law to make positive change for women, girls, and LGBTQ people in the Northwest. Legal Voice uses groundbreaking litigation, legislative advocacy, and community education to fight gender oppression and injustice. More at legalvoice.org.