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.
