Kan. Health Department Files Motion To Dismiss Subpoena To Authenticate PPKM Clinic Records

Main Category: Abortion
Also Included In: Medical Malpractice / Litigation
Article Date: 04 Apr 2008 - 7:00 PDT

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Kansas Department of Health and Environment recently filed a motion to dismiss Johnson County, Kan., District Attorney Phill Kline's (R) subpoena that requires the department to authenticate records from Planned Parenthood of Kansas and Mid-Missouri's clinic, Comprehensive Health, the AP/Hays Daily News reports. Kline's office said it wants department officials to verify in court that their files accurately reflect the originals, the AP/Daily News reports. Brian Burgess, spokesperson for Kline's office, said that Kline's subpoena is "all about verifying information we already have" and is not a request for patient information.

Joe Blubaugh, spokesperson for the health department, said state law prohibits the department from providing abortion records to Kline or authenticating them for him. He added, "The law says that those records cannot be given except upon request of the state Board of Healing Arts or the office of the state attorney general for use in either criminal or disciplinary proceedings."

Pedro Irigonegaray, an attorney for PPKM, said Kline's current allegations rely on information the district attorney can only get from the health department subpoena. He added that the law is clear about who has access to the records and that Kline should not be allowed to have them. "As a matter of law, Kline can't get to these records," Irigonegaray said, adding, "In order to proceed to trial, Mr. Kline needs evidence. And the evidence that he claims he wants to use, he can't get." According to the AP/Daily News, a hearing is scheduled for Thursday in Johnson County District Court (Gross, AP/Hays Daily News, 4/1).

Opinion Piece

If the health department's motion is upheld and the case is "tossed on a technicality," the "antiabortion movement won't be the only ones disappointed," Kansas City Star columnist Mike Hendricks writes in a related opinion piece. According to Hendricks, PPKM President Peter Brownlie said he has "mixed feelings" about the case being dismissed for technical reasons because he does not believe Kline has "any evidence of any criminal behavior or criminal acts" by the clinic. Hendricks writes, "It's time we learned whether Kline does, indeed, have the goods" on PPKM. "If he does, then his critics owe him an apology," Hendricks writes, adding, "And if he doesn't, Kline ought to resign for having misused his office to pursue a personal, political agenda at public expense" (Hendricks, Kansas City Star, 4/1).

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