Report: Leaked Documents Show Private Medical Records Illegally Dumped By Kansas Abortion Clinic

Records show Central Family Medical treated private patient information with same regard as junk mail. Groups call for closure in light of dangerous practices revealed by the document cache.

Kansas City, Kansas – Operation Rescue has come into possession of documents related to Central Family Medical, also known as Aid for Women, an abortion clinic in Kansas City, Kansas, that contain improperly discarded private medical information for 86 women, including at least four minors, who visited the clinic for abortions during the single month of April, 2012.

Some of the documents indicate that the abortion clinic may in fact never report suspected abuse as required by law.

“Our concern is for the privacy of these women and for their health and safety for which Central Family Planning has shown very little regard,” said Troy Newman, President of Operation Rescue and Pro-Life Nation. “The violations are egregious and confirm the concerns of former Attorney General Phill Kline, who was publicly crucified by the administration of former Gov. Kathleen Sebelius for attempting to investigate and prosecute similar violations. This documentation proves that Kansas owes Phill Kline a sincere apology.”

The documents were leaked to Operation Rescue by a confidential informant after other efforts to alert regulators failed. The material had been improperly discarded by the abortion facility.

The records, which have been secured by Operation Rescue to protect the privacy of patients since Central Family Medical failed to do so, consist of the following and more:

  • Names of abortion patients.
  • Patient ages.
  • Gestational ages of their pregnancies.
  • Patient phone numbers.
  • Photocopies of patient driver’s licenses.
  • The date and cost of the abortions.
  • Sonograms with information such as patient name, date, and age of the pre-born baby.
  • Empty cash envelopes that indicated the names of the abortion patients, date of the abortions, how much cash was placed in the envelopes, and other medical information.
  • Kansas Department of Health and Environment Supplemental Termination of Pregnancy reports that were pre-printed with an “X” in the “No” box for the question of whether a report was made of suspected abuse as required by law.
  • Clinic financial records
  • Communications from the clinic medical director regarding a 2011 clinic licensing law that showed mocking contempt for safety regulations.
  • Admission that the only suction mechanism they have to clear airways is a uterine cannula attached to the abortion suction machine that would likely injure the trachea.
  • Admission that they will not intubate patients who need it out of fear of lawsuits.
  • Admission that the surgical assistants have no licensing whatsoever.
  • Bloody Refuse

    Other evidence gathered by the informant over the past year consisted of bloody refuse of abortions, syringes, and other medical waste. Laws regulating the disposal of biohazardous waste were completely ignored.

    Women dazed and in a stupor

    In addition, video recordings submitted to Operation Rescue show women leaving Central Family Medical in drugged states unable to stand or walk without assistance. The dazed women are seen on the videos being guided to awaiting vehicles by Mark Pederson, the clinic administrator, and clinic security guards. The videos clearly show Pederson openly carrying a gun in a holster on his hip.

    Pre-printed forms reveal no abuse is reported

    Aside from the mass violation of the privacy rights of women and Federal laws protecting private patient information, the pre-printed KDHE forms were most troubling.

    Evidence included several forms. One form was pre-printed with all patient information left blank. One document contained the pre-printed information only on a blank page, and other forms were filled in with Patient Identification numbers and the dates of their abortions. Every form had a pre-printed “No” box marked next to question number 15: “Was report of physical, metal, or emotional abuse or neglect filed pursuant to K.S.A. 38-2223.”

    “Central Family Medical has predetermined that no woman walking through their doors will have been the victim of abuse,” said Newman. “That places women, especially minor girls, at risk of being handed back to their abusers where they will suffer further harm. That alone is a betrayal of these vulnerable women and deserving of closure and criminal charges.”

    KBI Specimen Boxes

    In the documents cache were two KBI specimen boxes used to send specimens from abortions on minor girls to the KBI in the event abuse is alleged. The boxes bear the name of Yeoman, the patient, and the date of her abortion. One is dated May 13, 2006, and the second is dated January 4, 2012.

    By statute, after the KBI clears the case, the specimens are returned to the abortion clinic for proper disposal. With the boxes were two padded envelopes from the KBI to Central Family Medical dated April 11, 2012, that apparently contained the two boxes that were returned to the abortion clinic for disposal. It was grossly improper for the abortion clinic to toss those boxes identifying minors who suffered potential abuse.

    It is interesting to note that while the specimens were sent to the KBI, the Supplemental TOPS forms are pre-printed to indicate that no abuse report was filed.

    Cash Business

    The evidence contained dozens of cash envelopes with the patient’s name and other information, including the amount of cash in the sealed envelope. Each envelope was torn partially in half and the cash had been removed. Comparing the amount of cash to the other financial records from the clinic revealed a discrepancy.

    “More cash seems to be coming in that is being reported,” said Newman. “This is predominately cash business that has no accountability. The business is ripe for financial abuse.”

    Women are charged for abortions, and if they cannot pay the full amount, the balance is billed to the National Abortion Federation, according to the records.

    Opposing clinic licensing

    Central Family Medical joined with another abortionist, Herbert Hodes, in a Federal Court suit aimed at blocking a 2011 clinic licensing law. Central Family Medical was informed by the Kansas Department of Health and Environment (KDHE) that it failed to qualify for licensure based on information in submitted in a license application. The abortion businesses later received a temporary restraining order blocking the law from being enforced. Later, the cased was moved from Federal to State court where the state has filed motion has been filed to dismiss the case. A hearing is set for June 29 at 10:30 AM in Shawnee County Court’s Division 7 to consider the motion to dismiss.

    Airway blockage “their fault”

    Ronald Yeomans admitted in the leaked documents that his clinic fails to meet minimum safety standards. He openly mocked clinic licensing requirements and blamed women for complications. He stubbornly refused to provide certain emergency services out of fear of lawsuits, admitting that his staff does not have the training or skill needed to properly use certain emergency equipment without injuring or killing patients.

    For example, Yeomans admitted that his clinic lacks airway management equipment that could save the lives of women in the event of an emergency. He admitted that the only suction mechanism the clinic had to clear mucus or other material from the airway was a uterine cannula attached to the abortion suction machine.

    “Using them properly is the next question and would open us to further malpractice if damage to trachea,” Yeomans wrote. “This is when patient throws up during surgery, typically because they ate before surgery when they were told not. Patient irresponsibility becomes physician malpractice.”

    Yeomans further objected to having equipment for intubation to open patient airways in the case of an emergency. He wrote, “More lawsuits if we intubate incorrectly and kill the patient…For example, let’s say the patient is choking on food that they weren’t supposed to have, their fault, but we intubate poorly and choke them further, now our malpractice fault.”

    “Blaming women for complications and withholding emergency medical care from them out of fear of lawsuits is simply appalling. These people should not be in the medical field with attitudes and behavior as reprehensible as this,” said Newman.

    Yeomans further objected to a requirement to have calibrated equipment, (“Does my computer and mop need to be calibrated, too?”), keeping hard copies of sonograms in medical charts, and having transfer agreements with local hospitals, among other things.

    “There can be no doubt that abortionist Ron Yeomans and his administrator Mark Pederson, are operating a dangerous abortion business that poses a danger to the public. He says as much in his own writings,” said Newman. “Women who walk into that abortion clinic are playing Russian Roulette with their lives.”

    Political hypocrisy revealed

    Former prosecutor Phill Kline was recently recommended for discipline after an ethics panel castigated him concerning the handling of redacted medical records that he received as Attorney General after a contentious 3-year legal battle with two Kansas abortion clinics. As a result of the media hysteria over Kline’s possession and handling of the redacted records, Kline lost election, lost his career, and was forced to move outside Kansas for work.

    “Those records contained no patient identifying information, yet you would have thought contained classified government secrets. I doubt if our nation’s nuclear secrets are kept as secure as the Sebelius Administration demanded for those heavily redacted records,” said Newman.

    “Yet the documents in our possession discarded by the abortion clinic contain details of these women’s lives, including in some cases, personal contact information, the names of their friends that took them for abortions, how many previous abortions the women had, and even what kind of birth control they have used. These documents were easily obtained by a member of the public. If the State does not prosecute this abortion business, it owes an apology to Kline and compensation for wrongful prosecution.

    “This exposes the hypocrisy of abortion clinics in resisting records subpoenas and fighting licensing laws. To abortion clinics, privacy rights are more about keeping abortion abuses secret than protecting women, whose sensitive personal information is treated with the same regard as junk mail.”

    Operation Rescue has filed three complaints based on the discarded documents:

  • A complaint with the Kansas Board of Healing Arts has been filed against clinic abortionist Ronald Yeomans.
  • A complaint with the Kansas State Board of Nursing against Frederick Menninger, RN, who reportedly administers anesthesia to abortion patients. Menninger is a member of the famed Menninger family of Topeka who are nationally respected pioneers in the field of psychiatry who founded the renowned Menninger Clinic, a mental health facility now located in Houston, Texas.
  • A complaint with the Kansas Department of Health and Environment against Central Family Planning and its administrator Mark Pederson.
  • This evidence shows an abortion business with a well established pattern of reckless handling of private patient information and a disregard for women’s health and the law. Operation Rescue calls on the appropriate authorities to treat this matter as an urgent public health threat and close Central Family Medical immediately.

    Learn about the Abortion Whistleblower’s Program
    Visit the Central Family Medical (Aid for Women) profile page at AbortionDocs.org

    Cannibalistic Abortionist Illegally Dumps Abortion Records in Attempt to Go Green

    Overland Park, Kansas — On a tip from a local woman, the Kansas City Star has recovered over 1,000 abortion medical records from 2001-2002 that were illegally dumped in a public recycling bin by the discredited abortionist Krishna Rajanna. The files contained names, addresses and other sensitive information about abortion patients at his now closed Affordable Medical Center. The newspaper has since turned the documents over to the Kansas State Board of Healing Arts. The documents could be used as evidence in a possible criminal case.

    The law requires that medical records be maintained for ten years, but some of the records discovered in the recycling bin were less than ten years old.

    Incredibly, Rajanna defended his dumping the records as an attempt to be environmentally friendly.

    “I thought that these would be recycled away just like any other papers,” Rajanna told the Kansas City Star. “I could just incinerate them just as well, I suppose. But usually that means we are creating more smoke.”

    Rajanna lost his medical license and was forced to close his abortion clinic in 2005 after pro-life supporters obtained photographs of filthy conditions and appalling practices inside his abortion clinic and circulated them publicly. Kansas City Police Detective William Howard who conducted an investigation at Rajanna’s clinic submitted a statement to the state legislature testifying to conditions so horrific that he was sickened by them and that he was stunned by allegations of the staff that Rajanna engaged in cannibalism. (Read Det. Howard’s full statement.) Operation Rescue worked to expose Rajanna bring him to justice.

    Rajanna’s case helped fuel the passage of a 2005 clinic regulations bill in the Kansas Legislature that was later vetoed by then Gov. Kathleen Sebelius, who now serves as U.S. Secretary of Health and Human Services.

    “The illegal dumping of private abortion medical records is common in the abortion industry,” said Troy Newman President of Operation Rescue and Pro-Life Nation. “Through undercover investigations around the nation, we have obtained hundreds of illegally dumped abortion records containing just about every imaginable kind of sensitive medical and personal information. But the HHS under Sebelius, which seems to be the governing authority, has virtually ignored violations by abortion clinics.”

    Abortion patient privacy issues scandalized Kansas for years after former Attorney General Phill Kline began investigating abortion clinics in 2003. His subpoena for medical records from two abortion clinics turned into a legal war that is still being waged in Kansas courts and has been aggressively obstructed by members of the Sebelius administration. Those medical records eventually served as the basis for 107 criminal charges against Planned Parenthood, a total of 49 criminal charges against late-term abortionist George Tiller, a medical board disciplinary petition against Tiller that could have revoked his medical license, and the recent license revocation of Tiller’s associate Ann Kristin Neuhaus. Fifty-eight criminal counts remain pending against Planned Parenthood.

    “Sebelius was deeply dedicated to protecting abortionists in Kansas who were violating the law, and now we see that her Federal agency virtually ignores privacy violations committed by abortionists,” said Newman. “The Sebelius administration was hysterical about patient privacy when Attorney General Kline was investigating criminal activity at abortion clinics. But when it is abortion clinics violating patient privacy, her agency turns a blind eye. It reveals the truth that the Sebelius agenda is all about shielding shoddy abortion mills from accountability under the law. That hasn’t changed.”

  • RELATED: To voice opposition to Sebelius’ abortion agenda in Obamacare, visit RejectObamacare.com
  • TX Abortion Clinic Under Media Microscope After Revelation of Abortion Abuses

    Austin, TX – A McAllen, Texas abortion clinic that was the subject of a three month investigation by Operation Rescue and the Survivors is denying any wrong doing and is clearly in damage-control mode after a local television interview. However, a reporter from KRVG Channel 5 in the Rio Grande Valley was unable to verify the clinic’s claims that the Health Department has cleared them.

    Last week Operation Rescue released information documenting widespread abortion abuses at a dozen Texas abortion clinics. Among the worst offenders was Whole Women’s Health, which operates five abortion clinics in Texas. The McAllen office discoveries were particularly disturbing. Dumped in the trash were the bloody refuse of several abortions along with the names of patients and other private information. (View photo documentation of the evidence with the name Whole Women’s Health clearly evident.)

    Tuesday evening, KRVG ran the story that showed the reporter digging through the trash and questioning a clinic official.

    “Certainly, this abortion clinic will have modified their behavior because they have been caught red-handed,” said Operation Rescue President Troy Newman. “We have not been notified by the Health Department of the outcome of our first complaint. We are still processing some of the information from our investigation, and have filed additional complaints with the health department. More will be coming. We are also preparing complaints that we plan to lodge with the medical board next week. This is far from over.”

    Patient logs and other records were discovered on Whole Women’s Health forms and the bloody remains of abortions came in bags with other documents bearing Whole Women’s Health’s name. Operation Rescue has made examples of this evidence public.

    In another development, Youtube.com pulled the short video that showed evidence of abortion abuses along with recordings of phone conference calls that violated the 24 hour waiting period and informed consent laws. The video was put on Vimeo.com, which also yanked the video Monday afternoon. Operation Rescue has protested the blocking of the video as censorship. The video is now available on Pro-LifeTube.com and is embedded in the original online report at OperationRescue.org.

    Pro-Lifers Take Evidence Of Abortion Crimes To Texas State Agencies

    Austin, TX — Filthy clinic conditions, massive privacy violations, illegal dumping of human tissue, coaching underage girls to hide statutory rape. These are just some of the numerous abuses uncovered at a dozen Texas abortion clinics during a three month investigation conducted by Operation Rescue with the help of the Survivors.

    Yesterday, OR President Troy Newman was joined in Austin by the Survivors and about 30 members of other pro-life organizations for a day of activities where the groups called attention to the investigation’s findings.

    After a morning press conference, Newman and others hand delivered copies of a report detailing the abortion clinic violations to every member of the Texas House and Senate. Later, they took evidence of abortion clinic crimes to the Texas Medical Board and the Texas Commission for Environmental Quality, which were less than happy to see them.

    “We were given the run around at the Medical Board and the TCEQ, even though we were willing to share with them the actual evidence that violations are occurring,” said Newman. “We are in the process of filing formal complaints complete with affidavits and other evidence with these two agencies that they will not be able to ignore.”

    Operation Rescue’s Chief Counsel Brian Chavez-Ochoa met privately with representatives in the Texas Attorney General’s office to discuss the apparent illegal activity discovered at abortion clinics all over the state.

    Violations included:

    • Massive violations of HIPAA, a federal law that protects the privacy of patient medical records. Hundreds of patient names along with sensitive medical information were found illegally dumped by several abortion clinics.
    • The illegal disposal of hazardous bio-medical and infectious waste, including tissue that appears to be the partial remains of aborted babies. In addition evidence was obtained showing dirty and poorly maintained conditions inside and outside the abortion clinics.
    • Drug violations including the illegal dumping of vials still containing controlled substances and blank prescription slips.
    • Widespread abuses to the Texas mandated informed consent laws, the 24-hour waiting period.
    • Undercover calls and visits to the abortion clinics revealed a pattern of willingness to help minors evade parental consent laws and ignore the mandatory reporting of child sex abuse.

    View a chart showing violations found at each abortion clinic.

    Not surprisingly Whole Women’s Health issued a press statement Tuesday denying the allegations and accusing Operation Rescue of making up the evidence.

    “The evidence speaks for itself and we believe it will hold up in a court of law,” said Newman. “We found reprehensible conditions and treatment that no woman should have to endure. Of course the abortion mills will deny this. We say, let the investigations begin.”

    Late last night, YouTube.com yanked a short video published by Operation Rescue detailing the abuses discovered at the Texas abortion mills. It is OR’s position that the video did not violate Youtube’s Community Guidelines.

    Filthy clinic conditions, massive privacy violations, illegal dumping of human tissue, coaching underage girls to hide statutory rape. These are just some of the numerous abuses uncovered at a dozen Texas abortion clinics during a three month investigation conducted by Operation Rescue with the help of the Survivors.

    Yesterday, OR President Troy Newman was joined in Austin by the Survivors and about 30 members of other pro-life organizations for a day of activities where the groups called attention to the inveestigation’s findings.

    After a morning press conference, Newman and others hand delivered copies of a report detailing the abortion clinic violations to every member of the Texas House and Senate. Later, they took evidence of abortion clinic crimes to the Texas Medical Board and the Texas Commission for Environmental Quality, which were less than happy to see them.

    “We were given the run around at the Medical Board and the TCEQ, even though we were willing to share with them the actual evidence that violations are occurring,” said Newman. “We are in the process of filing formal complaints complete with affidavits and other evidence with these two agencies that they will not be able to ignore.”

    Operation Rescue’s Chief Counsel Brian Chavez-Ochoa met privately with representatives in the Texas Attorney General’s office to discuss the apparent illegal activity discovered at abortion clinics all over the state.

    Violations included:

    • Massive violations of HIPAA, a federal law that protects the privacy of patient medical records. Hundreds of patient names along with sensitive medical information were found illegally dumped by several abortion clinics.
    • The illegal disposal of hazardous bio-medical and infectious waste, including tissue that appears to be the partial remains of aborted babies. In addition evidence was obtained showing dirty and poorly maintained conditions inside and outside the abortion clinics.
    • Drug violations including the illegal dumping of vials still containing controlled substances and blank prescription slips.
    • Widespread abuses to the Texas mandated informed consent laws, the 24-hour waiting period.
    • Undercover calls and visits to the abortion clinics revealed a pattern of willingness to help minors evade parental consent laws and ignore the mandatory reporting of child sex abuse.

    View a chart showing violations found at each abortion clinic.

    Not surprisingly Whole Women’s Health issued a press statement Tuesday denying the allegations and accusing Operation Rescue of making up the evidence.

    “The evidence speaks for itself and we believe it will hold up in a court of law,” said Newman. “We found reprehensible conditions and treatment that no woman should have to endure. Of course the abortion mills will deny this. We say, let the investigations begin.”

    Late last night, YouTube.com yanked a short video published by Operation Rescue detailing the abuses discovered at the Texas abortion mills, noting “inappropriate content.” It is OR’s position that the video did not violate Youtube’s community guidelines.

    Read “Special Report: Widespread Abortion Abuses In Texas Exposed”

    Video of press conference:

    Special Report: Widespread Abortion Abuses In Texas Exposed

    [Note to Google Chrome users: There is a problem with all the audio files playing at once in this browser. Please select a different browser to properly view this report. -OR Staff]

    [ALERT: YouTube.com and Vimeo.com removed this video, helping to hide abortion industry abuses from the public, thus enabling them to continue.]

    Austin, Texas — From December, 2010 through February, 2011, Operation Rescue conducted an investigation of a dozen Texas abortion clinics and obtained hard evidence of violations of both State and Federal laws at each and every facility.

    “This investigation shows that violations of the law at abortion clinics are a widespread crisis of epidemic proportions,” said Operation Rescue President Troy Newman. “The evidence we uncovered of illegal activity reveals a systemic problem throughout Texas that is not confined to one particular clinic or group of clinics. These violations endanger the heath of women, violate the rights of women to be informed and have their medical records protected, and present health hazards to the general public. We also found disturbing evidence of attempts to evade parental consent laws and child sex abuse reporting laws. This illegal activity endangers the safety and welfare of children throughout Texas.”

    Introduction

    The abortion clinics that were subject of this investigation were randomly chosen. Investigators and researchers engaged in undercover telephone calls and visits to the clinics posing as the everyday woman seeking an abortion. In addition, trash that had been discarded by the abortion clinics was collected, sorted, and documented.

    “Our investigation focused on what the average woman would experience if she sought an abortion in Texas, and how the abortion clinics appeared and operated on an everyday basis,” said Newman. “From what we found, women are subjected to a variety of abortion abuses as a matter of routine. Violating the law is standard operating procedure for abortion clinics in Texas.”

    Most of the violations fell into five broad categories.

    • The illegal disposal of hazardous bio-medical and infectious waste, including human urine, blood, and tissue that were recovered from open trash bins, along with the discovery of dirty and poorly maintained conditions inside the abortion clinics.

    • Drug violations through the illegal disposal of vials still containing controlled substances that were found mixed in with bloody waste from the abortions.

    • Massive violations of the Federal Health Insurance Portability and Accountability Act (HIPAA), which is designed to protect the privacy of patients and their medical information. Hundreds of patient names, addresses, and other sensitive information was discovered and recovered that had been illegally dumped or discarded by the abortion clinics.

    • Widespread abuses to the Texas mandated informed consent laws, where abortionists were recorded mocking the information or giving the information in such an inaudible manner that patients are heard on the recording complaining that they could not understand a word that was being said. This includes violations of the 24-hour waiting period.

    • Undercover calls and visits to the abortion clinics revealed a pattern of willingness to help minors evade parental consent laws and ignore the mandatory reporting of child sex abuse.

    “There is little doubt based on the evidence that crimes have been committed. We will be turning over all of the evidence we collected to the Attorney General’s office for his review,” said Newman.

    There is little wonder that abortion abuses were found at every clinic that was investigated, considering the checkered backgrounds of the abortionists that operate them. At the twelve abortion clinics subject to this investigation, fifteen abortionists were identified as being associated with them. Of that fifteen, eight abortionists were found to have egregious records of illegal or unethical conduct including the following:

    • Big-money malpractice lawsuits and/or settlements.
    • Lost, revoked, suspended, or surrendered licenses in several states.
    • Current personal injury lawsuits.
    • Medical board actions and corrective orders for professional misconduct.
    • Administrative penalties and fines for failure to comply with state regulations.
    • No hospital privileges.
    • Delinquencies in medical licensing.
    • Federal conviction and ban from Medicaid, Medicare participation.
    • Frequent use of unlicensed surgical assistants.
    • Failure to have a licensed nurse or qualified employee present during. absence of administrator
    • Death of female abortion patient.

    Of the remaining seven abortionists, for which no previous record could be found, each of them were identified with violations during this investigation.

    The investigation found yielded the following evidence, now in the possession of Operation Rescue:

    • Human flesh remains from abortion, illegally dumped in the trash.
    • Non-flesh abortion procedure waste (blood and suction tubes and syringes), illegally dumped in the trash.
    • Urine cups with names and birth dates of patients clearly marked, illegally dumped in the trash.
    • Dozens of sonograms with parental names clearly identifiable, infringing on patient privacy and violating HIPAA.
    • Numerous patient charts, receipts, ledgers, and other private medical paperwork with full names, birth dates, addresses and phone numbers, financial information, procedure details and more.
    • Recorded audio of clinic worker at Whole Women’s Health in McAllen telling the boyfriend of an underage pregnant girl that she will not report him for rape. (In Spanish)
    • Recorded conversations from Women’s Whole Health conference calls of abortionists West, Molson, Randal and Kini making statements mocking informed consent laws, the TX legislature and the TX Dept of Health website with abortion info.
    • Recorded instructions from abortionist West saying it will be “fine” for a woman to come to the clinic for her abortion in less than 24 hours, clearly violating Women’s Right to Know Act which specifies, “After you get this information, your doctor must wait 24 hours before your abortion can be performed.”
    • Recorded audio of supposed “24-hour” right to know conference calls in which the abortionist is unintelligible and does not respond to patients requests to repeat information or speak clearly, and where the abortionist never comes on the line, both of which violate the patients’ legal rights.
    • Recorded conversation with clinic worker in San Antonio instructing a 15-year-old how to get a judicial bypass and avoid the parental consent requirement.

    A Photo Gallery has been created with pictures that document the physical evidence. Click here to view.

    Illegal dumping of biohazard/infectious medical waste

    Found improperly discarded the trash outside Whole Women’s Health in McAllen, Texas, large packets of material wrapped in blue paper with labels that noted the date of the abortion and other notations. Inside the packets were bloody tubing, cannulas, and gauze pads wrapped in large blue paper closed with masking tape bearing the date of the abortion.

    Some of the packets also contained human tissue that appeared to be partial remains of aborted babies left to putrefy in the open dumpster where animals or people could encounter it.

    Drug violations

    Medication vials of I.V. and injectable drugs were found in the dumpsters mixed with packets containing the bloody refuse from abortions. Some of those bottles were still partially full. Drugs included injectable versions of the following:

    Lidocaine, a numbing drug that has caused death in abortion patients.
    Methergine, which is applied to the uterus to control bleeding.
    Midazolam, (Versed), a drug that depresses the nervous system.
    Others.

    There was a concern that children or others could have discovered the partially filled drug vials and suffered serious injury if they had ingested any of it. Also discovered were empty prescription slips that could have misused to illegally obtain prescription drugs. The dumping of these items shows a gross disregard for public health and safety.

    HIPAA Violations/Illegal Medical Record Dumping

    The Federal government has enacted the Federal Health Insurance Portability and Accountability Act (HIPAA), which is designed to protect the privacy of patients and their medical information. Records that contain medical information and patient identification must be properly stored or disposed in such a way as to protect the privacy of patients.

    Abortion promoters often make a public case that abortion records are particularly private. In Kansas, a three year politically motivated legal battle ensued over law enforcement subpoenas for abortion records for the purpose of investigating the sexual abuse of children. In the end, law enforcement had to drop its attempts to ensure the safety of underage girls who had abortions in Kansas because it was denied access to the children’s names in the interest of protecting their privacy.

    Hypocritically, abortion clinics in Texas were shown to have lack of concern for patient privacy.

    In at least nine cases, full documents were dumped containing such detailed information as patient name, the name of her escort to the abortion clinic, the date of her abortion, weather she was a return patient, the cost of her abortion and how it was being funded, gestational age of her pre-born baby, and the patient’s referral source. (Example 1, Example 2)

    As a matter of routine, the abortion clinics that were investigated in Texas illegally dumped records and even cups of urine with the abortion patient’s name, birth date, and other information. Full and partially shredded ultrasound records were found with patient identifying information on them.

    NAF Connection

    On some of the abortion records illegally dumped by Whole Women’s Health indicate that the National Abortion Federation (NAF) paid portions of the cost of some abortions.

    All five Whole Women’s Health abortion clinics in Texas, as well as one location in Baltimore, Maryland, are members of the NAF, according to both the WWH and the NAF websites. In fact out of the twelve abortion clinics that were subject of this investigation, half of them belong to the NAF, while at least one other non-affiliated clinic employed an NAF abortionist.

    Because of their involvement with the majority of abortion clinics that were found to have violations during this investigation, it is recommended that the NAF be held criminally responsible along with the offending abortionists and clinics for these illegal and unethical acts.

    Filthy and Unsafe Clinic Conditions

    The abortion clinics themselves were in various stages of uncleanness and disrepair. Bathroom conditions were particularly appalling. Some clinics had one bathroom that was shared by men and women, including post-surgical abortion patients. Bloody smears could be seen on the toilet and other areas of the McAllen Whole Women’s Health clinic. Faucets were corroded and leaking.

    Poor lighting in the waiting and examination areas was the result of numerous burned out bulbs. A leaky roof had damaged the ceiling and created the possibility of an unhealthful mold infestation. (More photos)

    Gross Disregard for Informed Consent laws

    Informed consent was another area where Whole Women’s Health and other abortion clinics displayed excessive problems. Women scheduled for abortions were given phone numbers and access codes for participation in a conference call the day before their abortions where a licensed physician was supposed to be live, on the line to give them the information mandated by State Law and answer questions.

    The abortionists generally showed resentment toward the law and a complete disrespect for women and their right to know the risks of abortion. Some abortionists openly refuted the state mandated information, particularly concerning abortion’s breast cancer connection and risk of future infertility. Others left out some information completely, such as the fact that Texas law states that if a woman decides to keep her baby, the father must pay child support even if he has offered to pay for the abortion. In some cases, the abortionists did not allow questions, as required by law. Others simply played recordings and were not live on the call at all. Patients of second trimester abortions were given the same information as first trimester abortion patients, even though the procedures are vastly different.

    During one conference call recorded on January 10, 2011, abortionist William West of Whole Women’s Health can be heard mocking the information he is required by law to tell women. After he says that he is required to say that abortion presents a risk for breast cancer, he launches into a mocking rebuttal of the information he just told them.

    The anti-abortion folks have waged this fear campaign for years now, um, making numerous false charges about the quote dangers of abortion, and uh, one completely fictitious this is drummed up spread all around is that there is an increased risk of breast cancer and interfernce with future childbearing and so forth. None of these are true. It’s their attempt to scare you out of having an abortion.

    “If this does not violate the letter of the law, it certainly undermines the intent of the legislature, which determined that women should have certain information on which to make an informed decision,” said Newman. “It is his remarks that are grossly untrue, and he should be held accountable for misleading women about abortion risks.”

    Later in that same call, one woman expresses concern that her appointment is not 24 hours from the time of the conference call, as required by law.

    Caller: Hello?
    West: Yes.
    Caller: My appointment is tomorrow morning and if I called now, is this enough time? It’s less than 24 hours.
    West: Yes.
    Caller: And that’ll be okay?
    West: Um-hm.
    Caller: Thank you.

    In addition, West did not give the web address to the Texas Department of Health website as required by law.

    Listen to excerpts from this call. (2 min. 37 sec.)

    Other calls required by informed consent legislation were so unintelligible that patients expressed concerns that they could understand anything that was being said.

    Caller 1: We can’t understand you!
    Another voice: Hello! The conference is over.
    Caller 1: We don’t understand anything he’s saying.
    [Other patients agree]
    Caller 1: How can we ask questions about anything? We can’t understand what he’s saying.
    Caller 1: Nobody can understand what he’s saying. They should get someone who can speak better. We can’t understand what he’s telling us. He’s telling us so many things and we don’t know what he’s saying. He’s speaking Pakistan and we’re in America, right?
    Another voice: Is the conference over?
    A different voice: That was Spanish.
    Another woman: Yeah the conference is over.
    Caller 1: This is really not funny. I mean I don’t, no one, we can’t understand what he’s–the information…
    Clinic Worker: Okay, if you didn’t understand anything the physician said, you’re more than welcome to listen to a recording available at 5:30 in the afternoon. You have already complied with the Texas Department of Health.
    Someone else: And when you call back MUTE your phones so that there’s no background noise.
    Caller 1: It’s not the background noise. I can’t understand him.

    Caller 1: But at 5:30 I’m gonna call back to hear the same recording, so whatever.
    Clinic Worker: It’s your decision…You’ve already complied. So I mean, basically, that’s all you need.

    Listen to excerpts from this call. (3 min. 35 sec.)

    Coaching Minors to Evade the Law

    One undercover conversation with a receptionist named “Lupa” at Franz Theard’s clinic, Hill Top Reproductive, in El Paso was particularly disturbing. The caller posed as a 17-year old minor who wanted an abortion. The receptionist quickly scheduled an abortion for her for the following Saturday at 9:00 am and told her to bring and I.D. and $460. That is when the call to a disconcerting turn.

    Caller: Can I get a note for the doctor? Um…
    Lupa: Why?
    Caller: For school?
    Lupa: [Unintelligible]—school?
    Caller: ‘Cuz I’m still in high school.
    Lupa: How old are you?
    Caller: Seventeen.
    Lupa: If you’re 17, your parent needs to come with you.
    Caller: Oh, uh, I don’t want the–
    Lupa: Do they know you’re pregnant?
    Caller: No. No.
    Lupa: We have another clinic. It’s in Sunland Park in Santa Teresa–
    Caller: Santa Theresa where?
    Lupa: Uh-huh. There you don’t need an appointment and you don’t need your parents. You could go on Tuesday.
    Caller: On Tuesday? Oh.
    Lupa: Yes, and it will be at 1:30.
    Caller: 1:30? With the same doctor?
    Lupa: Yes, ma’am.
    Caller: Okay. So on Tuesday, in Santa Teresa I can go–?
    Lupa: –address?
    Caller: I need the address.
    Lupa: It’s 5290 McNutt Road.

    Lupa then assures the caller that she will see Dr. Theard and that she does not need to tell her parents.

    Listen to the entire conversation. (3 min. 47 sec. Requires Quicktime)

    Santa Teresa is a community across state lines from El Paso in New Mexico, where abortion laws are essentially non-existent. It has become obvious that Theard keeps this clinic open for the purpose of circumventing Texas abortion laws that require minors must have the consent of their parents before abortions can be done.

    “If encouraging a minor to cross state lines to evade the laws of her home state isn’t illegal, it ought to be,” said Newman. “Those laws were enacted to protect young girls and to protect the integrity of the family and parental rights. Theard is openly defying the intent of the Texas legislature and trampling the rights of parents while profiting off the vulnerability of their underage daughters. It’s really quite despicable.”

    Mum’s the Word on Child Rape

    In one undercover conversation, a Spanish speaking man called the Whole Women’s Health abortion clinic in McAllen and inquired about an abortion for his underage girlfriend. A staffer tells him that his girlfriend needs a judicial bypass, and gives him detailed instructions on how to obtain one so her parents will not find out. The court process for judicial bypass takes 2-3 days. At the end of the call, the staffer assures the male caller that she will NOT report him to anyone.

    Listen to the call. (8 min. 29 sec. in Spanish)

    In another call, an investigator posing as a 15-year old girl spoke with a clinic employee named Melissa at Whole Women’s Health in San Antonio reveals the ease with which an underage girl can get a judicial bypass for just about any reason. Below is a partial transcript of relevant portions of the call.

    Caller: …so, like it doesn’t matter if my boyfriend’s over 21 or anything?
    Melissa: No
    Caller: It’s confidential, you won’t report anything?
    Melissa: Even if you get a judicial bypass, everything is confidential. We don’t release any of your information to anybody.

    [Later in the call, the worker slightly modifies her story, but the conversation remains confusing on this point.]

    Listen to excerpt of this call. (8 min. 7 sec. Requires Quicktime)

    Clinic worker Melissa had never seen a judge deny a judicial bypass. From this, it appears that judges are abusing the judicial bypass option and are not digging deep enough into what is really going on with underage girls in order to make a determination if she is being coerced or is covering up for an adult boyfriend. This idea of looking the other way and simply rubber-stamping abortions leaves minor girls in continued risk of sexual abuse and exploitation by older men – all to be kept secret from their parents, the people who likely care about the girls the most.

    Conclusion

    From evidence found during this three-month investigation of a random sampling of twelve Texas abortion clinics it is clear that there is a widespread problem with abortion clinics failing to comply with state and federal law and with state and local health codes.

    Texas has many good laws that were enacted to protect women from abortion abuses. Unfortunately, there has been a gross lack of oversight and enforcement on the part of state authorities that has created an atmosphere where abortionists can openly flout the law with impunity and with no consequences.

    Such a regulatory collapse in the State of Pennsylvania led to conditions where someone like abortionist Kermit Gosnell, who was recently arrested and charged with eight counts of murder, after a grand jury discovered that he was running what they described as a squalid “charnel house.” Texas comes very close to regulatory failure uncovered in Pennsylvania.

    As of this writing, Operation Rescue is in the process of filing complaints with the Texas Medical Board against each abortionist involved in violations. A complaint has already been filed with the Texas State Department of Health. An investigation is underway. All evidence of crimes collected during this investigation is currently scheduled to be turned over to the custody of the Texas Attorney General’s office on March 2, 2011.

    We make the following recommendations:

    • Increased oversight: Abortion clinics must be routinely subject to surprise inspections. The Texas Medical Board and Department of Health needs to do better in ensuring that abortionists and their clinics meet legal and safety requirements. Those that are unable or unwilling to come into full compliance should be shut down.
    • Strict enforcement of existing laws: When criminal conduct is discovered, charges should be filed. If the law has no teeth, there will never be compliance, and women will continue to be subjected to filthy and shoddy treatment that not only disrespects them as human beings, but endangers their health and safety.
    • Additional legislation with stronger penalties for noncompliance: Texas needs to tighten up regulations to eliminate the abuses discovered in this investigation, especially concerning the coaching of minors and their adult abusers how to avoid being reported for child sex abuse. Also, laws should be enacted to halt the referral of minors over state lines to avoid parental consent laws in Texas in order to protect minor girls from exploitation, protect parental rights, and protect the integrity of the family.
    • Inform the Judges: Those involved in judicial bypasses must be made aware that minor girls are being coached to abuse the system and protect overage sexual relationships. Judges must guard against the process being misused to keep underage child sex and the possibility that a child is being sexually exploited secret from caring parents.
    • Investigate the National Abortion Federation: The NAF is a national association of abortion clinics that is purported to adhere to strict abortion standards. However, we have found from this and other investigations in other states that NAF clinics appear to be among the worst violators in the nation. While claiming to self-police, then instead are more likely to excuse and cover up abortion abuses that endanger the public safety. This disturbing trend of NAF clinic abuses should be investigated at the state and federal levels.