A Maine law requiring that only physicians can provide abortion services was challenged in federal district court in Portland Monday.
The American Civil Liberties Union (ACLU) and Planned Parenthood argue that the law prevents women - especially in rural areas- from having timely access to care. "All this law does is force Maine women to travel extremely lengthy distances in order to access this care, which delays their ability to obtain an abortion, or blocks it altogether," says ACLU attorney Julia Kaye.
But attorneys for the state say there's no evidence the law erects obstacles to abortion services.
The law that allows only doctors in Maine to provide abortion services is 40-years old. ACLU of Maine attorney Zach Heiden says in 2019, it doesn't make sense to block advanced practice clinicians such as nurse practitioners and certified nurse midwives from providing abortion care. Heiden says its well within their scope of practice, because they're currently allowed to provide care for miscarriages.
"That procedure for providing that care is identical to providing an aspiration abortion. So women, who in Maine, are being denied access to abortion care by this law which serves no medical justification."
Heiden says the law erects a barrier to care in particular for women in rural parts of the state who must travel long distances to see a doctor. But attorneys representing the state of Maine argue that there's no evidence the law imposes an obstacle to abortion access.
Several states - including most in New England - allow advanced practice clinicians to provide abortion care. Democratic Governor Janet Mills has introduced a bill that also seeks to lift Maine's requirement that only doctors perform abortions.
Updated 4:16 p.m. March 18, 2019.
