Iowa Court Order Prompts Standoff Over Women's Medical Records
By Karen Pallarito
Originally published by Reuters Health, July 23, 2002
NEW YORK (Reuters Health) — An Iowa Planned Parenthood executive faces possible arrest for refusing to comply with a judge's order to turn over the names of patients who had positive pregnancy tests during a 9-month period beginning last August.
Jill June, president of Planned Parenthood of Greater Iowa, is refusing to provide those records, calling the order an invasion of patient's privacy and confidential medical information.
Iowa District Court Judge Frank B. Nelson issued the order in connection with an investigation into the horrific death of a newborn whose shredded body was discovered May 30 at a Storm Lake, Iowa, recycling center. The baby boy was believed to be between 24 and 48 hours old.
Planned Parenthood has until August 17 to turn over the names, birth dates and addresses of women with a positive pregnancy test between August 15, 2001, and May 30, 2002. In the meantime, the clinic is preparing an appeal, said Planned Parenthood Spokeswoman Kendall Dillon.
The case, which began with the clinic's receipt of a subpoena on June 17, has captured national interest because it raises larger issues surrounding the privacy of patient medical records and physician-patient confidentiality.
"It's setting a dangerous precedent," Dillon asserted. "If this could happen in Storm Lake, Iowa, it could happen anywhere."
Buena Vista County Attorney Phil Havens said the county has "no choice" but to pursue the records. "We obviously are looking for the mother of the infant, and unless we have some systematic way to find a mother, it's just a matter of luck that someone would come forward," he told Reuters Health.
"The investigation is essentially at a dead end unless someone comes forward with some information," he added.
Although Havens said he could not reveal details of the investigation, "many sources" in the area have been approached for information, he said. "Planned Parenthood was not singled out."
Bebe Anderson, a staff attorney with the Center for Reproductive Law and Policy in New York City, applauded Iowa clinic officials and medical staff for defying the court order. She said the state must find a way to conduct its investigation without violating the rights of innocent women who expect their medical records to remain private.
Anderson also blasted the trial court's finding that pregnancy tests are not medical records protected by the doctor-patient privilege. "The county judge would have us believe that unless a nurse or doctor performs various medical tests, including x-rays, blood tests and mammograms, those medical records are not protected by doctor-patient confidentiality."
In this instance, the court did not feel clinic officials substantiated their claim that the records are protected by state statutes guaranteeing physician-patient confidentiality, Havens said.
In any case, Planned Parenthood's Dillon said the clinic is prohibited from releasing records without a patient's written consent. In the past, when presented with the name of a suspect, it has cooperated with investigators by calling the patient for consent and working with her attorney to turn over the relevant records, she said.
"We really would like to help if they had some suspects in mind," Dillon asserted. "It was a horrible crime."
