Mo. Judge Rejects PPKM Argument Against State Law To Reclassify Abortion Clinics As Ambulatory Surgical Centers

Main Category: Abortion
Also Included In: Litigation / Medical Malpractice;  Public Health;  Litigation / Medical Malpractice
Article Date: 14 May 2008 - 8:00 PDT

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A Missouri judge on Friday ruled against Planned Parenthood of Kansas and Mid-Missouri's challenge to a state law that would designate facilities performing second- or third-trimester abortions or more than five first-trimester abortions each month as "ambulatory surgical centers," making them subject to increased regulation from the state Department of Health and Senior Services, the AP/Examiner.com reports (Zagier, AP/Examiner.com, 5/9). The law would require hallways at the facilities to be at least six feet wide and doors at least 44 inches wide. The clinics would also have to have separate male and female changing rooms for staff, as well as recovery room with space for a minimum of four beds with three feet of clearance around each bed.

The state health department has said the law would require that three clinics in the state be licensed as ambulatory surgical centers (Daily Women's Health Policy Report, 10/29/07). PPKM filed challenges to the law in both state and federal courts, and a federal judge has placed a temporary restraining order on the law's implementation. If the law were to be enforced, PPKM says it would have to stop providing abortion services at its clinics in Columbia and Kansas City. The Kansas City facility performs only medication abortions, and the Columbia facility performs first-trimester surgical abortions and medication abortions.

On Friday, attorneys for PPKM argued against the state lawsuit before Jackson County, Mo., Circuit Judge Jay Daugherty. The attorneys contended that the law is too vague because it refers to "induced abortions," rather than including the words "medical abortion." Attorneys from the office of Attorney General Jay Nixon (D) and the Alliance Defense Fund argued in favor of the law. ADF Attorney Dale Schowengerdt said, "I don't think anyone can dispute that 'induced' refers to medically induced procedures," adding, "There's no ambiguity." Daugherty issued a one-paragraph decision that disagreed with PPKM without explanation, the AP/Examiner.com reports. Peter Brownlie, executive director of PPKM, said the organization plans to appeal the ruling (AP/Examiner.com, 5/9).

In the federal lawsuit, PPKM argued that the new regulations are unnecessary and are not meant to improve safety, but rather to interfere with a woman's constitutional right to abortion. U.S. District Judge Ortrie Smith in August 2007 issued the temporary restraining order so that both sides could negotiate some of the law's provisions (Daily Women's Health Policy Report, 10/29/07). Brownlie said discussions between PPKM and the state health department are ongoing. He said that health department officials have visited the PPKM clinic in Columbia twice in an effort to negotiate a compromise. "We're getting closer," he said (AP/Examiner.com, 5/9).

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