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Med Mal News

By ALM Staff | Law Journal Newsletters |
March 30, 2005

Kansas Clinics Fighting for Patient Privacy

In a brief filed with Kansas' highest court last month, two clinics that offer abortion services outlined their case for overturning a District Judge's order that the clinics turn patient records over to the state Attorney General. Under a gag order imposed in October 2004, the clinics were not allowed to contact the patients in question. Their records are ostensibly being sought so that the State can determine if the patients were victims of statutory rape or if they sought late-term abortions prohibited by Kansas law. The clinics offered to turn the records over with names and identifying information redacted but they could run afoul of patient privacy laws if they turn records over that contain patient identifying information without first contacting the patients. On March 9, the gag order was lifted. Attorney General Phill Kline is an abortion opponent, but claims his purpose in obtaining the records is merely to fulfill his duty to prosecute crime.

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