Dr. Ulrich George Klopfer – owner of abortion clinic Fort Wayne Women's Health – is filing suit Friday against a county ordinance that imposes stringent new requirements on out-of-town doctors who practice in Allen County.
He argues the county has no authority under Indiana law to regulate an area that the state has already regulated. In addition, the suit alleges the ordinance is unconstitutionally vague and nearly impossible with which to comply.
As a result, Klopfer's practice – the only provider of surgical abortions in Allen County or within 100 miles of here – may be forced to shut down.
He is represented by ACLU Indiana and the Center for Reproductive Rights, which sent out a news release about the suit Friday morning.
"This law poses a serious threat to patients' privacy," said Suzanne Novak, senior staff attorney at the Center for Reproductive Rights. "The ordinance is really just a duplicitous attempt to deeply limit, or eliminate, access to abortion in the Fort Wayne area."
The Allen County commissioners passed the law in April after numerous revisions. It originally targeted abortion providers and was drafted by Allen County Right to Life, which said it was needed to help women suffering from botched abortions.
The final ordinance, which goes into effect next week, applies to a range of doctors and procedures, and is not limited to surgeries or abortions.
It requires doctors who do not live in Allen County or in surrounding counties, and do not have admitting privileges at hospitals in Allen County or surrounding counties, to provide their phone numbers to those hospitals and urgent-care facilities. It also requires doctors to tell patients where to go for emergency care after surgeries or medical procedures. They can designate alternative doctors to contact.
Klopfer lives in Illinois and travels to Fort Wayne during the week to perform abortions in Allen County.
The suit said under the ordinance, doctors also must allow unjustified and unlimited review of their patients' medical records by health department officials, yet there are no protections to ensure that any of the information remains confidential.
The Fort Wayne-Allen County Department of Health released the official registration form Tuesday and asked doctors to complete and return it along with a $250 check as soon as possible. The health department also released a list of 14 area medical facilities that doctors must provide with their emergency contact information in order to comply with the new ordinance.
County health officials don't know how many doctors would be required to register.
For more on this story, see Saturday's print editions of The Journal Gazette or visit www.journalgazette.net after 3 a.m. Saturday.
nkelly@jg.net
