An Indiana abortionist, Dr. Caitlin Bernard, might want to think twice before she blabs to the press next time, now that she's been reprimanded by the state Medical Licensing Board. After last Thursday's hearing, which lasted 13 hours, the board found that she didn't abide by privacy laws when she talked to The Indianapolis Star about the abortion she performed on a 10-year old rape victim from Ohio. As a result, Bernard has been fined $3,000, though no restrictions were placed on her ability to practice medicine.
The Associated Press, which has been following the hearing and its reaction, had this to say:
The state Medical Licensing Board voted that Dr. Caitlin Bernard didn’t abide by privacy laws when she told a newspaper reporter about the girl’s treatment in a case that became a flashpoint in the national abortion debate days after the U.S. Supreme Court overturned Roe v. Wade last summer.
The board, however, rejected accusations from Indiana’s Republican attorney general that Bernard violated state law by not reporting the child abuse to Indiana authorities. Board members chose to fine Bernard $3,000 for the violations, turning down a request from the attorney general’s office to suspend Bernard’s license. The board issued no restrictions on her practice of medicine.
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Medical board President Dr. John Strobel said he believed Bernard went too far in telling a reporter about the girl’s pending abortion and that physicians need to be careful about observing patient privacy.
“I don’t think she expected this to go viral,” Strobel said of Bernard. “I don’t think she expected this attention to be brought to this patient. It did. It happened.”
Bernard’s lawyer Alice Morical told the board Thursday that the doctor reported child abuse of patients many times a year and that a hospital social worker had confirmed with Ohio child protection staffers 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.”
Whether or not one believes that Bernard really did not expect the attention brought to the situation, the board found what they found, and at the end of the day she's still been fined.
It is worth highlighting how Megan Fox, at our sister site of PJ Media, has highlighted previous instances of Bernard talking to the media before about her abortion activism. Her own comments speak to a particular devotion to the abortion issue, besides how she actually performs the procedure, of course.
The AP report also included arguments mentioned by Deputy Attorney General Cory Voight on Bernard's actions, not just about privacy laws, but about Bernard's duty to report.
Deputy Attorney General Cory Voight argued Thursday that the board needed to 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.”
Voight asked Bernard why she discussed the Ohio girl’s case with the newspaper reporter and later in other news media interviews rather than using a hypothetical situation.
“I think that it’s incredibly important for people to understand the real-world impacts of the laws of this country about abortion,” Bernard said. “I think it’s important for people to know what patients will have to go through because of legislation that is being passed, and a hypothetical does not make that impact.”
Indiana Attorney General Todd Rokita had also expressed concerns about Bernard reporting the rape. She reported that the age of the rapist was 17, when he was actually 27. This is not the first time that Bernard has faced accusations of duty to report. She was accused by Indiana Right to Life in 2018, after public documents were accessed, for failing to report underage abortions.
As has been the cases with previous coverage from the AP, such reporting left out how an illegal immigrant, Gerson Fuentes, was arrested for allegedly raping the 10-year-old victim, who became pregnant as a result. The outlet went on to publish pieces in support of Bernard, such as "Doctor’s supporters, hospital at odds with Indiana penalty for talking about 10-year-old’s abortion."
Fuentes' trial, which Mia and Fox have been following, has been continued to July 5.
Thanks to my amazing team, the abortion doctor got the maximum civil fine for violating three counts of privacy laws and received a public reprimand to go into a national database.
— AG Todd Rokita (@AGToddRokita) May 26, 2023
Read my office's statement regarding the Medical Licensing Board's decision: pic.twitter.com/yvHLzfH0Qo
— AG Todd Rokita (@AGToddRokita) May 26, 2023
As previous reporting from the AP also mentions about the matter, the board has a wide latitude on what reprimands can be issued. While the board did not impose restrictions on Bernard's ability to practice medicine, Rokita's office still regarded the findings as a win.
In a statement, Rokita emphasized his office's framing of the case, which he said "was about patient privacy and the trust between the doctor and patient that was broken. What if it was your child or your parent or your sibling who was going through a sensitive medical crisis, and the doctor, who you thought was on your side, ran to the press for political reasons?"
He also noted they "appreciate the Medical Licensing Board's time and consideration" and praised how his "team did a great job getting the Truth out."
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