The board ascertained that Dr. Bernard infringed upon privacy laws when she publicly shared details of an abortion procedure she performed on a 10-year-old rape survivor, sparking a contentious national discourse on abortion rights and patient privacy.
This case achieved significant public attention after the U.S. Supreme Court's landmark ruling overturning Roe v. Wade last year. Following the verdict, the young girl traveled across state boundaries to receive the abortion procedure from Dr. Bernard. The scenario became a point of national debate, prompting states to reconsider their abortion laws. It's important to note that many states had enacted so-called trigger laws, effectively outlawed abortion once the Supreme Court released its decision.
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Interestingly, the board's deliberation also tackled accusations levied by Indiana Attorney General Todd Rokita, a Republican, who alleged that Dr. Bernard violated state law by failing to report the case of child abuse to local law enforcement. However, the board rebuffed this accusation, which also dismissed a request from the attorney general's office to suspend Dr. Bernard's medical license.
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The State's argument hinged on the assertion that Dr. Bernard had committed an "egregious violation" of patient privacy and failed to inform Indiana's Department of Child Services or law enforcement about the incident. Attorney General Rokita told Fox News that Dr. Bernard was more of an "abortion activist acting as a doctor" than a medical professional adhering to the law and ethical standards.
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Deputy Attorney General Cory Voight added his voice to the chorus of criticism, questioning whether Dr. Bernard had genuinely acted in her patient's best interests. "There's been no case like this before the board," Voight said. "No physician has been as brazen in pursuit of their own agenda."
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In mounting criticism, Dr. Bernard maintained her innocence and robustly defended her actions, arguing that she had abided by Indiana's reporting requirements. She stated that she alerted hospital social workers about the child abuse and confirmed that the girl's rape was already under investigation by Ohio authorities. Bernard and her legal team also contended that she had not disclosed identifying information about the girl.
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While the board was divided on the issue, with Medical Board President Dr. John Strobel expressing concern that Dr. Bernard had overstepped by informing a reporter about the girl's abortion, board member Dr. Bharat Barai argued that she had not violated privacy laws.
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In defending her actions, Bernard was asked why she had discussed the case with a reporter. She responded: "I think that it's incredibly important for people to understand the real-world impacts of the laws of this country about abortion...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."
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She further claimed that Voight was trying to turn the situation into a "political stunt." "I think if the attorney general, Todd Rokita, had not chosen to make this his political stunt we wouldn't be here today," Bernard said.
The hearing, lasting an estimated 13 hours, was conducted by a six-member board composed of five doctors and an attorney, each appointed or reappointed by Republican Gov. Eric Holcomb. It remains to be seen what this case's final implications will be on the healthcare sector and the ongoing debate about patient privacy and abortion rights.
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