Superior Judge James Joven of Marion County, Indiana, has issued a preliminary injunction against the Indiana Department of Health (IDOH), stopping the department from releasing its Termination of Pregnancy Reports (TPR).
The ruling comes after abortionists Caitlin Bernard and Caroline Rouse filed a lawsuit in February to suspend the reports’ release. At that time, Joven issued an order temporarily blocking the state from releasing the TPR; Monday’s preliminary injunction extends that block.
Historically, the TPRs have been used by Voices for Life, a pro-life organization in the state, to ensure that state laws are being followed surrounding abortion. Voices for Life previously sued the IDOH because it had stopped releasing the TPRs. In February, the group settled with the IDOH, which agreed to resume releasing the TPRs with additional precautions to ensure that no there would be no information included that could potentially identify a patient. This action prompted the lawsuit from Bernard and Rouse — two abortionists who claim that somehow, the reports would violate patient confidentiality.
Bernard’s claim that she opposes the reports because she respects patient privacy is especially suspect, given that in 2023 she rushed to the press with the story of her 10-year-old patient, a rape victim who underwent an abortion, exposing the child and her family to the press and public scrutiny. Bernard was later disciplined by the state Medical Licensing Board, as she was fined and formally reprimanded for violating the girl’s privacy. In addition, as Live Action News previously reported:
Bernard is one of several Indiana abortionists with a history of neglecting to report the sexual abuse of children. Bernard was part of a group of nine abortionists who received numerous consumer complaints for failing to report abuse 48 times — and some of the victims were as young as 12.
Despite the fact that numerous precautions have been taken to protect the identities of women who abort, Joven sided with Bernard and Rouse in issuing his injunction.
READ: Complaints filed against 9 Indiana abortionists who failed to report suspected sexual abuse
“The release of TPRs containing patient health information also stifles open communication between a physician and his/her patient — a patient will be unwilling to describe her symptoms and medical conditions with a doctor who is required to report such discussions to the Department, with the possibility that members of the public can access that information,” he wrote in his order.
But according to a group of medical students from Marian University in Indianapolis, “It is a common misconception that TPRs are medical records that could potentially compromise the privacy of patients. However, TPRs are designed to protect patient privacy while also ensuring provider compliance with abortion regulations.” The group went on to state in an op-ed for Live Action News:
Public access to TPRs fosters greater accountability within the healthcare system because the transparency required of these reports ensures that clinics and providers adhere to all medical and ethical standards of care. It also is a clear indication of when a provider is offering substandard care or violating patient rights.
For example, Indiana physician Dr. Ulrich Klopfer lost his medical license and his clinic in 2016 because of a TPR-based complaint that exposed harm done to women in his care.
Similarly, there have been multiple incidences of babies being born alive after unsuccessful abortion attempts in Indiana, and TPRs would provide information on the providers and healthcare institutions affiliated with these incidences to ensure that the baby and the mother received adequate care after the procedure.
But Judge Joven dismissed the idea that the reports could be used by an outside entity like Voices for Life to ensure the state’s abortion laws are being followed.
“It is the responsibility of the Commissioner and the Department, in conjunction with the Attorney General’s Office, to uphold abortion laws — they are the state entities specifically charged with investigating and initiating enforcement actions against any doctors who fail to follow such laws,” he wrote. “Nothing prevents the Department from reviewing the TPRs to detect possible violations, which is why the legislature requires abortion providers to submit TPRs to the Department in the first place.”
