INDIANAPOLIS (AP) — A hearing on possible disciplinary action opened Thursday for an Indianapolis doctor who spoke publicly about providing an abortion to a 10-year-old rape victim from Ohio, with finger pointing over how the case became a political flashpoint in the national abortion debate.
Indiana’s Republican attorney general has accused Dr. Caitlin Bernard of violating state law by not reporting the girl’s child abuse to Indiana authorities. She’s also accused of breaking federal patient privacy laws by telling a newspaper reporter about the girl’s treatment.
The Indianapolis Star cited the girl’s case in a July 1 article that sparked a national political uproar in the weeks after the U.S. Supreme Court overturned Roe v. Wade last June, putting into effect an Ohio law that prohibited abortions after six weeks of pregnancy. Some news outlets and Republican politicians falsely suggested Bernard fabricated the story, until a 27-year-old man was charged with the rape in Columbus, Ohio.
Bernard’s lawyer Alice Morical told the state Medical Licensing Board board Thursday that the doctor reported child abuse of patients many times a year and that a hospital social worker had confirmed with Ohio’s child protection office that it was safe for the girl to leave with her mother.
“Dr. Bernard could not have anticipated the atypical and intense scrutiny that this story received,” Morical said. “She did not expect that politicians would say that she made the story up.” Indiana Attorney General Todd Rokita’s complaint asked the licensing board to impose “appropriate disciplinary action” but doesn’t specify a requested penalty.
Amid the wave of attention to the girl’s case last summer, Rokita, who is stridently anti-abortion, told Fox News he would investigate Bernard’s actions, calling her an “abortion activist acting as a doctor.”
Deputy Attorney General Cory Voight argued Thursday that the board must address what he called an “egregious violation” of patient privacy and Bernard’s failure to notify Indiana’s Department of Child Services and police about the rape. “There’s been no case like this before the board,” Voight said. “No physician has been as brazen in pursuit of their own agenda.”
Ohio’s law imposing a near-ban on abortion was in effect for about two months, before being put on hold as a lawsuit against it plays out. Indiana’s Republican-dominated Legislature approved a statewide abortion ban weeks after the Ohio girl’s case drew attention, but abortions have continued to be permitted in the state while awaiting an Indiana Supreme Court decision on the ban’s constitutionality.
Bernard unsuccessfully tried to block Rokita’s investigation last fall, although an Indianapolis judge wrote that Rokita made “clearly unlawful breaches” of state confidentiality laws with his public comments about investigating the doctor before filing the medical licensing complaint against her.