The nation's top court Monday cleared the way for South Carolina
to obtain medical records of women seeking abortions.
The U.S. Supreme Court declined to hear an appeal by a Greenville
abortion clinic challenging state health regulations dealing with
medical information kept by abortion clinics.
South Carolina is the only state with regulations requiring
clinics to turn over entire patient files, said Bonnie Scott Jones,
a lawyer for the New York-based Center for Reproductive Rights,
which represented the Greenville Women's Clinic in its appeal.
Instead of having regulations, the state could subpoena medical
records for abortion clinic investigations or get the patients'
consent, she said.
The S.C. Department of Health and Environmental Control rules
were part of the agency's overhaul in the mid-1990s of how abortion
clinics were regulated. But the medical information regulations
haven't taken effect because of a lengthy court appeal.
Allowing DHEC to obtain medical records - including identifying
information, such as name, address and Social Security number - will
discourage women from seeking legal abortions, abortion rights
advocates say.
It also will put women and the doctors who do abortions at risk
of harassment or violence by anti-abortion activists if DHEC
releases the women's personal data, abortion rights advocates
say.
"We're very disappointed that the Supreme Court didn't recognize
what a serious invasion of privacy this law is," said Vicki Saporta,
president of the National Abortion Federation in Washington, D.C.
"We think it will adversely impact women's access to abortion
services."
DHEC, in court papers, said the regulations are needed to protect
patients' health and make abortion clinics safer.
Agency officials declined comment Monday.
In 1998, 8,801 abortions were done in South Carolina, DHEC
records show. The number dropped to 7,687 in 1999, with another
slight drop to 7,527 in 2000.
The DHEC Web site lists three licensed abortion clinics: Planned
Parenthood of South Carolina Inc. in Columbia, Charleston Women's
Medical Center and Greenville Women's Clinic.
DHEC likely would ask for patient files only when doing a
licensing investigation of the clinic, said Trey Walker, spokesman
for S.C. Attorney General Henry McMaster. His office was a defendant
in the lawsuit.
"The regulations are reasonable health and safety measures that
do not infringe on anyone's constitutional rights," he said.
But the public might learn about a patient's personal information
during open licensing proceedings, Jones said. And DHEC couldn't
stop all possible leaks from its agency.
"My fear is ... that women's identities and medical histories
will be made known, which will damage their reputations," she
said.
New federal privacy rules don't prohibit state health departments
from collecting patient information at abortion clinics, Jones said.
It's unclear, however, whether the federal rules would prevent the
S.C. health agency from releasing the information to third
parties.
South Carolina's constitution bans unwarranted invasions of
privacy, University of South Carolina law professor Eldon Wedlock
said. But DHEC might need to contact a patient during an
investigation of a clinic, he said.
The Greenville Women's Clinic sued the state in 1996 after DHEC
adopted health and safety regulations for abortion clinics
statewide. Rules governing such things as instrument sterilization
and cleanliness standards eventually withstood court challenges,
though medical information regulations were challenged in a later
appeal.
The Center for Reproductive Rights is challenging Arizona's
efforts to require abortion clinics to release some identifying
information of patients, Jones said. The U.S. Supreme Court could
eventually decide to hear that case if a lower federal court ruling
conflicts with its counterpart in the S.C. case, she said.
"It's not like this case is ended," Jones said.