Physician seeks law for post-op
A local gynecologist has asked the Allen County Commissioners to consider a local law that could enhance follow-up care for surgery patients but could also affect a local abortion provider.
The commissioners heard the request Friday from Dr. Geoff Cly, who wants the county to require all surgeons and doctors that provide outpatient invasive procedures to have ties to a local hospital and have on-call, after-hours staff to handle emergencies.
The commissioners did not act on Cly’s proposal, but Commissioner Nelson Peters said he would bring it up again for discussion. He said he’s not worried about how it would affect a local abortion clinic and was more concerned about helping patients.
Peters said the commissioners would have to discuss whether the county has jurisdiction over such matters and what an ordinance would actually say.
During his presentation, Cly focused on his experience in dealing with several patients who suffered complications after having an abortion. Most local doctors have admitting privileges with local hospitals, but doctors who are transient and come to Fort Wayne only during the day are among the groups that may not have such privileges, Cly said.
The doctor who performs abortions for the lone clinic in Fort Wayne is based in South Bend. Dr. George Klopfer also works in Gary. Klopfer questioned whether county government had jurisdiction to require such a change when he is already licensed through the state.
He said the county couldn’t enforce such a law and that it would likely end up in a lengthy court battle.
Besides the local abortion clinic, such a law would affect other doctors such as plastic surgeons, dentists, and even podiatrists. An out-of-town specialist flown in to assist a hospital patient could no longer be of service because he or she wouldn’t have privileges, Klopfer said.
“It’s focused on me – that’s the whole premise,” he said of Cly’s proposal.
Cly acknowledged the idea would affect the medical community at large and said he is just trying to protect the health and safety of patients who do have abortions. He is not trying to put the local clinic out of business although he is working with Allen County Right to Life, he said.
“We’re certainly interested in anything that is going to improve health care for women,” said Cathie Humbarger, executive director of Allen County Right to Life. Humbarger attended Friday’s commissioners’ meeting.
“When we heard Dr. Cly’s concerns we were happy to make certain he was connected with the people who would hear his story and do something about it,” Humbarger said.
But a local pro-choice activist felt the proposal was a strange way to limit women’s choices locally. Joan Uebelhoer with the Fort Wayne Feminists said if there is a problem with patient safety in Allen County, the commissioners aren’t suited to fix it.
“I can’t believe that the commissioners would even get involved in such a thing. What is it their business, either legally or personally?” Uebelhoer said. “This is just another way to take woman’s decision-making abilities from her.”
A similar battle has been waged previously in the Indiana legislature.
This year, Cly testified in support of Senate Bill 146, which would have required physicians who perform abortions to have admitting privileges at a hospital in the county or in a county adjacent to where the abortion is performed, and to notify the patient of the hospital location where the patient can receive follow-up care by the physician.
Cly told a committee of legislators stories of abortions performed in Allen County by doctors from other areas in which the procedure had complications, including leaving portions of the fetus inside the woman.
There was little discussion over this section of the bill, though another portion requiring doctors to tell women seeking an abortion that her fetus might feel pain has been controversial.
The bill passed the Senate this year but did not receive a hearing in the Indiana House.
Two months ago, Cly had another patient who suffered complications after an abortion that prompted him to try again – this time at the local level. Cly believes that if Allen County were to pass such a law and it works, it would help persuade state lawmakers to pass the law statewide, he said.
Niki Kelly of The Journal Gazette contributed to this story.
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