[Mb-civic] Top Kansas Prosecutor Wants Abortion Records

[Rhaerther at aol.com]

Another individual rights and privacy story, Kansas is jumping into  the fray.
 
Updated: 09:12 AM EST 
Top Kansas Prosecutor Wants Abortion Records  
Demands Data on 90 Women and Girls 
By JOHN MILBURN, AP
 
TOPEKA, Kan. (Feb. 25) - The Kansas attorney general is demanding abortion  
clinics turn over the complete medical records of nearly 90 women and girls,  
saying he needs the material for an investigation into underage sex and illegal 
 late-term abortions.
Two clinics are fighting the request in Kansas Supreme  Court, saying the 
state has no right to such personal information.
But  Attorney General Phill Kline, an abortion opponent, insisted Thursday: 
"I have  the duty to investigate and prosecute child rape and other crimes in 
order to  protect Kansas children.''
Kline is seeking the records of women and girls  who had late-term abortions. 
Sex involving someone under 16 is illegal in  Kansas, and it is illegal in 
the state for doctors to perform an abortion after  22 weeks unless there is 
reason to believe it is needed to protect the mother's  health.
Kline spoke to reporters after details of the secret investigation,  which 
began in October, surfaced in a legal brief filed by attorneys for two  medical 
clinics. The clinics argued that unless the high court intervenes, women  who 
obtained abortions could find government agents knocking at their  door.
The clinics said Kline demanded their complete, unedited medical  records for 
women and girls who sought abortions at least 22 weeks into their  
pregnancies in 2003. Court papers did not identify the clinics.
The records  sought include the patient's name, medical history, details of 
her sex life,  birth control practices and psychological profile.
The clinics, which said  nearly 90 women and girls would be affected, are 
offering to provide records  with some key information, including names, edited 
out.
"These women's rights  will be sacrificed if this fishing expedition is not 
halted or narrowed,'' the  clinics said in court papers.
On Oct. 21, state District Judge Richard  Anderson ruled that Kline could 
have the files. The clinics then filed an appeal  with the high court. No hearing 
has been scheduled.
The clinics outlined  their legal arguments in a brief filed Tuesday. Though 
other documents in the  case remain sealed, the brief filed Tuesday was not, 
and The Wichita Eagle  disclosed Kline's investigation in a story published 
Thursday.
In their  brief, the clinics' attorneys said a gag order prevents the clinics 
from even  disclosing to patients that their records are being sought. 
Attorneys declined  to comment Thursday, citing the order.
"You can see our desire to discuss as  much as possible, but we feel 
constrained,'' said attorney Lee  Thompson.
Thompson declined to say if his client was Dr. George Tiller, whose  Wichita 
clinic is known as a provider of late-term abortions and is a frequent  target 
of abortion opponents.
Kline would not discuss the scope of the  investigation. Recently, Kline's 
office helped Texas authorities gather  information from Tiller regarding a 
pregnant teenager who sought his care and  died in Kansas.
Kline began pushing in 2003 to require health care  professionals to report 
underage sexual activity. Kline contends state law  requires such reporting, 
but a federal judge blocked him. The case has yet to be  resolved.
02/25/05 04:05 EST
Copyright 2005 The Associated Press. The  information contained in the AP 
news report may not be published, broadcast,  rewritten or otherwise distributed 
without the prior written authority of The  Associated Press. All active 
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