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Clinics Ask State Supreme Court To Block Kansas AG's Investigation Involving Medical Records of Women Who Had AbortionsFrom: Henry Gregor (dean@thehuffpeople.net)Fri Feb 25 09:55:58 2005
.. Clinics Ask State Supreme Court To Block Kansas AG's Investigation Involving Medical Records of Women Who Had Abortions Access this story and related links online: http://www.kaisernetwork.org/daily_reports/rep_index.cfm?DR_ID=28332 Two Kansas medical clinics on Tuesday filed a brief with the state Supreme Court requesting that the court block state Attorney General Phill Kline's (R) "secret inquisition" involving the medical records of about 90 women who sought late-term abortions at two clinics in 2003, the Wichita Eagle reports. According to the brief, Kline last year issued a subpoena ordering the released of complete, unedited medical records -- including each patient's name, medical history, birth control practices, psychological profile and sexual history -- or all women and girls who sought abortions at or after 22 weeks gestation. The brief claims that Kline subpoenaed the records to search for evidence of crimes, including possible violations of laws limiting late-term abortions and requiring mandatory reporting of suspected child sexual abuse (Sylvester, Wichita Eagle, 2/24). Kline's Opinion, Earlier Lawsuit According to Kansas law, sexual intercourse with a girl under age 16 is illegal, even if it is consensual sex with another teenager, and health professionals are required to report as possible child abuse any teenagers who they suspect are sexually active, including those who seek birth control, treatment for sexually transmitted diseases or abortion. Kline's opinion specified that physicians who perform abortions on girls younger than age 16 must report the pregnancies to the state as cases of suspected child abuse. A group of doctors, nurses, counselors and social workers in October 2003 filed a class-action lawsuit in federal court in an attempt to block the enforcement of the law (Kaiser Daily Reproductive Health Report, 10/8/03). In response, U.S. District Judge Thomas Marten issued a temporary restraining order blocking enforcement of the law, citing confidential patient-physician privilege, according to the AP/Yahoo! News (AP/Yahoo! News, 2/24). Brief Details In the brief, the two clinics argue that Kline is attempting to bypass Marten's ruling by obtaining the information through state courts instead of directly from state doctors, the Eagle reports. In his investigation, Kline asked for the specified medical records to be delivered to Shawnee County District Judge Richard Anderson by October 2004, and Anderson on Oct. 21, 2004, ruled that Kline could have access to the unaltered files. The brief alleges that the rights of the women whose complete medical records have been requested "will be sacrificed if this fishing expedition is not halted or narrowed." The clinics also said they had offered to turn over limited medical records with identifying patient information removed, but Kline insisted he needed the complete records, according to the brief (Wichita Eagle, 2/24). Kline Response In a news conference on Thursday, Kline said that he needed access to the records to be able to do his job, according to the Los Angeles Times. "I have the duty to investigate and prosecute child rape and other crimes in order to protect Kansas children," Kline said, adding, "Rape is a serious crime, and when a 10-, 11- or 12-year-old is pregnant -- they have been raped under Kansas law." Kline is expected to file a response brief by March 14, according to the Los Angeles Times (Huffstutter, Los Angeles Times, 2/25). Other Reaction Kansas state Sens. Phil Journey (R) and Susan Wagle (R) on Wednesday released a statement supporting Kline, saying, "If a child the age of 10, 11 or 12 years of age seeks an abortion in Kansas, by law that child has been raped, and we believe the state has the obligation to investigate that rape, bring the rapist to justice and prevent further exploitation of the child" (Indianapolis Star, 2/25). Mary Kay Culp, executive director of Kansans for Life, said, "It is shameful that anybody would want to stop" Kline from seeking the records, adding, "We're talking about sworn law enforcement officers having access to files so they can go after child rapists and predators. Because our attorney general happens to be pro-life is no reason to deny him information that can spare children that pain" (Wilgoren, New York Times, 2/25). However, Kim Gandy, president of the National Organization for Women, said Kline's actions are an "outrageous violation of privacy," adding, "These people don't know their personal and private information are at risk. It's as if these women are being treated as terrorists or worse" (Los Angeles Times, 2/25). Nancy Keenan, president of NARAL Pro-Choice America, said the subpoenas are "wildly intrusive," adding, "The vast majority of Americans will rightly be appalled at the notion of a state official issuing a mass subpoena about the most private, personal information there is" (New York Times, 2/25). * NPR's "Morning Edition" on Friday reported on the investigation. The segment includes comments from Kline (Allen, "Morning Edition," NPR, 2/25). The complete segment is available online in RealPlayer.
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