An Indianapolis doctor is scheduled to testify before an Indiana board on Thursday, May 25, about whether or not she should face disciplinary punishment for comments she made in public about giving an abortion to a 10-year-old rape victim who resided in the adjacent state of Ohio.
In a report by AP News, Dr. Caitlin Bernard is being questioned by the Medical Licensing Board after being accused of breaking state law by Indiana's Republican attorney general for failing to report child abuse. and treatment to a newspaper reporter. She has also been accused of violating federal patient privacy regulations by disclosing the girl's medical condition
Allegations of Patient Privacy Violations
As the rape of the girl was already being investigated by Ohio police, Dr. Bernard and her lawyers insisted that the doctor acted in accordance with Indiana's child abuse reporting regulations. Her legal team also claims that she did not provide personal information about the minor.
After the Supreme Court last year's decision to overturn Roe v. Wade, an Ohio statute prohibiting abortions after six weeks of pregnancy went into force. The Indianapolis Star wrote a report on this and referenced the girl's situation, which was published on July 1, 2022.
And even after a 27-year-old man was arrested and charged with the rape in Columbus, Ohio, several news sources and Republican politicians continued to erroneously claim that Dr. Bernard made up the whole thing.
The complaint filed by Indiana Attorney General Todd Rokita asks for "appropriate disciplinary action" from the licensing board but does not indicate what that would be.
The Indiana board is made up of six physicians and one attorney appointed by Republican Governor Eric Holcomb. After the hearing on Thursday, they may decide on whether or not to impose any fines. The board has broad powers under state law, including the ability to issue letters of reprimand, suspend, revoke, or conditionally reinstate a physician's license.
Bernard vs. Rokita
After the girl's case received widespread media attention last summer, Attorney General Rokita told Fox News that he would examine Dr. Bernard's behavior because he believed she was an "abortion activist acting as a doctor."
In a statement released last week, he emphasized that the lawsuit revolves around two issues: patient privacy and the doctor's inability to safeguard the kid.
In October 2022, Dr. Bernard reportedly tried to stop Rokita from investigating her, but she was unsuccessful. This was after an Indianapolis judge wrote that Rokita had broken state confidentiality laws by publicly discussing his investigation of Dr. Bernard before filing the medical licensing complaint against her.
Attorney Kathleen DeLaney for Bernard has said that the allegations made against the doctor are "baseless attacks."
"Rokita's actions set a dangerous precedent imperiling the provision of lawful patient care," DeLaney has warned.
