Planned Parenthood files suit against Missouri law that would require abortion clinics to upgrade facilities

Oct 29 2007

Planned Parenthood of Kansas and Mid-Missouri last week filed a second lawsuit in Jackson County, Mo., asking the court to exclude clinics that offer only medical abortions from a state law (SB 370) designating facilities providing some abortions as "ambulatory surgical centers" to exclude clinics that offer only medical abortions, the AP/Hays Daily News reports.

The lawsuit -- which would involve PPKM's Kansas City, Mo., clinic -- argues that it is unreasonable to impose the regulations on facilities that provide women with medications to induce abortions after they have left the facility (Lieb, AP/Hays Daily News, 10/25).

Law, Federal Case

The Missouri law, which was scheduled to take effect Aug. 28, would designate facilities performing second- or third-trimester abortions or more than five first-trimester abortions each month as ambulatory surgical centers. Ambulatory surgical centers are subject to increased regulation from the state Department of Health and Senior Services. The law would require hallways at the facilities to be at least six feet wide and doors at least 44 inches wide. The clinics also must have separate male and female changing rooms for staff and a recovery room with space for a minimum of four beds with three feet of clearance around each bed. The health department has said the law requires that three clinics in the state be licensed.

PPKM in August filed a federal lawsuit alleging that the new regulations are unnecessary and are not meant to improve safety, but rather to interfere with a woman's constitutional right to abortion. U.S. District Judge Ortrie Smith in August issued a temporary restraining order blocking implementation of the law. Smith said the law could violate PPKM's constitutional rights if the health department adopts regulations so severe that they posed an undue burden on PPKM. Smith in September issued an order that temporarily blocks enforcement of the law so both sides could negotiate some of the law's provisions (Kaiser Daily Women's Health Policy Report, 9/26).

Reaction

"We think that the statute is problematic from both a state and federal perspective, and so we're covering all bases," Peter Brownlie, president and CEO of PPKM, said. Jane Drummond, director of the state health department, said the latest lawsuit likely is an effort to delay legal proceedings and further stall enforcement of the law. Brownlie said that is not the intent of the second lawsuit (AP/Hays Daily News, 10/25).