Kansas Supreme Court Lifts Gag Order in Case Involving Attorney General's Subpoena of Abortion Medical Records

Main Category: Abortion
Article Date: 13 Mar 2005 - 12:00 PDT

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The Kansas Supreme Court on Wednesday lifted a gag order imposed last year in a case involving Kansas Attorney General Phill Kline's (R) attempt to access the medical records of women who underwent late-term abortions at certain clinics in the state, the... AP/San Francisco Chronicle reports (Hanna, AP/San Francisco Chronicle, 3/10). 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, 3/4). The two clinics involved in the case also asked the state Supreme Court to lift the gag order imposed by a Shawnee County judge in October 2004, the AP/Wichita Eagle reports.

Clinic Identity Revealed
Although the removal of the gag order allows both state and clinic officials to publicly discuss the case, court spokesperson Ron Keefover said most documents in the case will remain sealed, the AP/Eagle reports. In addition, because the exact wording of the clinics' request to have the gag order lifted remains sealed, parties on both sides of the case have said they are unclear about what they are allowed to discuss publicly, according to the AP/Eagle. However, Planned Parenthood of Kansas and Mid-Missouri on Thursday confirmed that its Overland Park clinic was one of the two clinics that received a subpoena in the case, the AP/Eagle reports. PPKMM CEO Peter Brownlie said that more than 66% of the clinic's medical records subpoenaed were for adult women, according to the AP/Eagle. Brownlie added that the clinic's attorneys "are reviewing the meaning of what we can do with the gag order lifted." The other clinic in the case -- identified only as "Alpha" in court papers -- seems to be a Wichita clinic run by Dr. George Tiller, an abortion provider who is known for performing so-called "partial-birth" abortion, the AP/Eagle reports. However, clinic spokesperson Bill Hoch would not confirm or deny the clinic's involvement in the case, saying only that clinic officials would speak more about the case in the future, according to the AP/Eagle.

Kline Response
Kline called the state Supreme Court's decision "amazing," adding that the lifting of the gag order could "harm a child directly." According to Kline, now that the gag order is lifted, the clinics involved in the suit will be able to tell the parents of minors who have undergone late-term abortion that their children's medical records are being sought, according to the AP/Eagle. Kline said that such notification could "tip off the offender" if a minor had been raped by a close family member, according to the AP/Eagle (Hanna, AP/Wichita Eagle, 3/11).

Fetal Tissue Bill
Following the state Supreme Court ruling, many Kansas state lawmakers were "quick to defend" Kline's investigation, the Kansas City Star reports. State Rep. Mary Pilcher Cook (R) on Thursday proposed legislation that would require abortion providers to preserve a fetal tissue sample after performing any abortion procedures on minors ages 15 or younger. Pilcher Cook said preserving a fetal tissue sample would allow authorities to test it to determine paternity of the fetus and "make it easier for law enforcement officials to identify child predators," according to the Star. More than 24 state legislators have agreed to co-sponsor the measure. State Rep. Sue Storm (D) said that the bill could "lead to more intrusive tactics at the expense of personal privacy," according to the Star (Klepper, Kansas City Star, 3/11).

"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.

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