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General Assembly

Abortion bill may hinge on local site

Foe says safety not statewide problem

– Lawmakers on Wednesday wrestled with whether one doctor’s alleged problems with abortion complications in Fort Wayne are enough to justify legislation further regulating all doctors providing abortions statewide.

In an emotional moment during the House Public Policy Committee meeting, Rep. Matt Bell, R-Avilla, read written testimony about the case of a Fort Wayne woman who had fetal tissue left inside her after an abortion performed by Dr. George Klopfer.

The Illinois doctor performs abortions at the Fort Wayne Women’s Health Organization and in South Bend and Gary. In 2007, he performed 1,997 abortions statewide.

Bell mentioned documented cases of “botched abortions” by Klopfer – including several in 2007 and one in February 2009.

“How many more women in my community have to go through this?” he asked.

But Betty Cockrum, president and CEO of Planned Parenthood of Indiana, pointed out that abortions statistically have a low complication rate and that the last recorded abortion-related death in Indiana was in 1979. In comparison, four women died in Indiana after pregnancy complications in 2006, she said.

“If there is a problem with a doctor in Allen County, there is a process in place to deal with him,” Cockrum said. “To impose a law on the entire state … doesn’t make sense.”

Klopfer does not work for Planned Parenthood.

Senate Bill 89 would require doctors to have admitting privileges at a hospital in the county where the abortion is performed or in an adjacent county. The legislation does not require the abortion to be done in a hospital, but supporters believe it will provide better followup care with the ability to track complications and hold doctors accountable for problems.

It was the second week of testimony on the bill. It is unclear whether a vote will be taken next week.

Cockrum questioned whether the law would have any effect on safety other than to shut down clinics because some doctors likely could not get privileges, which are controlled by private hospitals.

She noted that there are nine abortion clinics in the state, in five counties. Of the seven doctors currently performing abortions in Indiana, only one, in Indianapolis, has hospital privileges.

Michael Rinebold, of the Indiana State Medical Association, gave a presentation on the disciplinary process for doctors, saying the state attorney general investigates all complaints. If substantiated, the office will file an official complaint with the Indiana Medical Licensing Board. That board almost always takes action against the doctor, from reprimand to probation, suspension and revocation of licenses.

At least two complaints against Klopfer have been filed in the past several years with the attorney general – one by a Fort Wayne doctor and another by a recent patient, both of whom made their complaints public.

The attorney general is not allowed to comment on whether a complaint exists, has been substantiated or dismissed. It is made public only if the office files an official charge with the board.

Klopfer has never been disciplined by the Indiana Medical Licensing Board.

Rinebold also said most surgeons in the state have admitting privileges as a requirement of their malpractice insurance.

Tim Kennedy, of the Indiana State Hospital Association, testified about admitting privileges. He said there are two kinds – active and courtesy – depending on how involved a doctor wants to be at a hospital.

He said active privileges – and sometimes even courtesy privileges – often require a doctor to live within 30 miles of a hospital. He said hospitals have a peer review process in which doctors can be assessed by their colleagues and disciplined by the hospital.

Kennedy said in general, doctors licensed in Indiana are required to report a colleague if they believe the doctor is unskilled or incompetent rather than just a case having a bad outcome.

“A bad outcome can happen for physicians practicing with the utmost care,” he said.

nkelly@jg.net