South Dakota Lawyers Say Planned Parenthood Clinic Not In Immediate Danger Of Losing License

Main Category: Abortion
Also Included In: Sexual Health / STDs
Article Date: 21 Aug 2009 - 4:00 PDT

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A clinic operated by Planned Parenthood Minnesota, North Dakota, South Dakota will not necessarily lose its license because of a state notice charging that the clinic is in violation of a 2005 state abortion law, lawyers for the South Dakota Department of Health said on Tuesday, the AP/West Central Tribune reports (AP/West Central Tribune, 8/19). Planned Parenthood last week requested a temporary restraining order to bar the health department from carrying out sanctions related to Planned Parenthood's alleged violation of the law, which requires several disclosures before women receive abortion services. The organization sued the state in 2005 to block the law, and U.S. District Judge Karen Schreier temporarily stopped the measure from taking effect. The state began enforcing the law after the U.S. Court of Appeals for the 8th Circuit in 2008 overruled Schreier's order.

The health department said Planned Parenthood has until Aug. 22 to submit a correction plan for updating its disclosure forms in accordance with the law. Planned Parenthood argues that the law does not require that specific wording be used on the disclosure forms. According to the state, the law requires that Planned Parenthood tell women that abortion ends a human life, they have an existing relationship with the fetus, and depression and suicide are known medical risks of abortion (Walker, AP/Bismarck Tribune, 8/18).

State lawyers on Tuesday filed a response to Planned Parenthood's request. According to the filing, any action the health department takes on Aug. 22 would only be the first of several steps required to suspend the organization's license. In addition, Planned Parenthood's due process rights would allow the organization to appeal to the state circuit court (Verges, Sioux Falls Argus Leader, 8/18). The lawyers wrote that Planned Parenthood's "new pleadings reflect its intransigence, and further foster a misunderstanding of South Dakota administrative law."

Planned Parenthood said that it is "seeking clarity" from Schreier on her ruling. It added, "The Distinct Court has not issued a final ruling in this case. The core of the dispute with the state is about the interpretation of the Eight Circuit court decision and what it means for implementation of the law" (AP/Bismarck Tribune, 8/18).

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