Supports Planned Parenthood in protection of patients' records

The ANA, along with the Iowa Nurses Association (INA), has filed an amicus ("friend of the court") brief in a case centering on whether Planned Parenthood should be forced to turn over its medical records for an investigation into the death of an infant whose remains were found earlier this year in Storm Lake, IA. The case, Planned Parenthood versus the Iowa District Court for Buena Vista County, is currently before the Supreme Court of Iowa, following an order from a lower court for the records to be turned over. The Buena Vista County Attorney is seeking, in particular, the names and addresses of every woman who had a positive pregnancy test between Aug. 15, 2001, and May 30, 2002.

"There's no question that the county attorney has the right, and the duty, to investigate the circumstances surrounding the death of this infant," said ANA President Barbara Blakeney. MS, APRN,BC, ANP. "But the overly broad scope and questionable relevance of the subpoenaed medical records cannot outweigh a patient's expectation that the most intimate details of her health will be kept confidential."

The case began on May 30 when a local recycling center worker discovered the body of a baby boy in a dumpster. According to the Des Moines Sunday Register, local officials say the baby had been born 24 to 48 hours prior to the body being discovered. As part of their investigation, county officials requested records from the local hospital and medical clinics, including Planned Parenthood. To date, the Des Moines Sunday Register reports that the county hospital and at least two medical clinics have cooperated with a court order to release their pregnancy test and birth records.

INA President LaVone Sopher, MSN, ARNP, FNP, points out that the county attorney has provided no evidence to show that the mother of the infant may have received pregnancy testing at Planned Parenthood. "How do they know that the mother didn't take a home pregnancy test?" she asked.

The ANA amicus brief argues that the case represents a potential government intrusion on privacy rights that goes far beyond legal rights, and it argued that the subpoena for the medical records be thrown out. ANA's support of patient confidentiality is strong and long-standing. The association's Code of Ethics for Nurses says, in part: "The rights, well-being and safety of the individual patient should be the primary factors in arriving at any judgment concerning the disposition of confidential information received from or about the patient, whether oral, written or electronic." In 1999, ANA adopted a specific policy that states: "Individuals should retain the right to decide to whom, and under what circumstances, their individually identifiable health information will be disclosed."

ANA further maintains in its amicus brief that the sweeping nature of this investigation, with the resulting intrusion on the privacy of hundreds of women who sought confidential pregnancy testing over a nine-and-a-half-month period is neither "effective nor proportional."

"While we certainly have empathy for the criminal aspects of this case, why does the privacy of hundreds of women have to be compromised?" asked Sopher who noted that many INA members have expressed strong support to her for Planned Parenthood's position. "The potential impact of this case is quite broad-reaching because it goes to the very core of patient privacy and the patient's relationship with the health care system."

Blakeney agrees. "The privacy rights of women who seek pregnancy testing at Planned Parenthood in Iowa, and indeed, of women elsewhere in the United States, are at risk of being seriously violated," she said. "We urge the Iowa Supreme Court to overturn the lower court's ruling and throw out this subpoena."

The ANA is continuing to work on this case and will be joining other national and Iowa state organizations to file another amicus brief.