Kansas AG's Attempts to Access Medical Records May Raise Privacy Issues for Women Seeking Abortions Nationwide

Main Category: Abortion
Article Date: 16 Mar 2005 - 18:00 PDT

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Kansas Attorney General Phill Kline's (R) recent attempts to access the medical records of women who have undergone late-term abortions at certain clinics in the state "heralds a growing risk" nationally for women who wish to seek abortion "without government interference," the... Washington Post reports (Slevin, Washington Post, 3/15). Two Kansas medical clinics late last month filed a brief with the state Supreme Court requesting that the court block Kline's investigation involving the medical records of about 90 women who sought late-term abortions at the clinics in 2003. According to the brief, Kline last year issued a subpoena ordering the release of complete, unedited medical records -- including each patient's name, medical history, birth control practices, psychological profile and sexual history -- for 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 (Kaiser Daily Reproductive Health Report, 3/11). Priscilla Smith, director of the domestic legal program for the Center for Reproductive Rights, said Kline's actions are "scary for patients," adding, "As more and more restrictions are placed upon abortion, there's more and more opportunity for self-righteous and right-wing antiabortion attorneys general and prosecutors to do these kinds of investigations." Ted Miller, a spokesperson for NARAL Pro-Choice America, said that South Carolina authorities are permitted to photocopy patient records and Arizona requires health care providers to surrender ultrasound scans to "outside contractors for review," according to the Post. In addition, more than half of states have restrictions on certain late-term abortions, according to the Post. Kline said that "the issue" in his investigation is "whether abortion clinics are above the law," according to the Post (Washington Post, 3/15).

"Reprinted with permission from kaisernetwork.org kaisernetwork.org. You can view the entire Kaiser Daily Reproductive Health Report, search the archives, or sign up for email delivery at www.kaisernetwork.org/dailyreports/repro The Kaiser Daily Reproductive Health Report is published for kaisernetwork.org, a free service of The Henry J. Kaiser Family Foundation . © 2005 Advisory Board Company and Kaiser Family Foundation. All rights reserved.