Fetal Remains

After The Selectively Edited Planned Parenthood Videos Were Released, Brnovich Said Fetal Tissue Allegations Were Taken “Very Seriously”

Brnovich Said The Fetal Tissue Accusations Were “Something We Take Very Seriously.” According to the Associated Press, “Gov. Doug Ducey on Monday ordered Arizona's health department to review state laws and prepare emergency rules to prohibit the illegal sale of fetal tissue in response to a secretly recorded video that has revived the abortion debate in the U.S. Ducey's announcement Monday follows investigations announced by other states and congressional committees after the undercover video made by anti-abortion activists was released last week. The video shows a senior Planned Parenthood official discussing procedures for providing fetal body parts to researchers. […] Planned Parenthood-Arizona spokeswoman Annet Ruiter said the organization does not facilitate the collection of fetal tissues for research at its abortion clinics. ‘We do not participate in medical research. We do not,’ Ruiter said. Attorney General Mark Brnovich also weighed in on the issue, saying ‘this type of allegation is something we take very seriously.’” [Associated Press, 7/20/15]

Brnovich Supported A Rule Requiring Abortion Clinics To Report What Happens To Remains Of Aborted Fetuses

Brnovich Approved A Rule Requiring Abortion Clinics To Report What Happens To The Remains Of Aborted Fetuses. According to the Arizona Republic, “Arizona abortion clinics must report to state health officials what happens to the remains of aborted fetuses, under a new temporary rule ordered by Gov. Doug Ducey and approved by Attorney General Mark Brnovich. If the fetal tissue is transferred to another person or entity, except for a funeral home or crematory, health officials must also disclose the identity, any compensation received for the tissue, and whether the patient agreed to the transfer. The questions have been added to forms that clinics are required to file with state health officials.” [Arizona Republic, 8/17/15]

Brnovich Sought To Investigate Arizona Abortion Providers Over Fetal Remains

Brnovich’s Office Asked A Federal Judge To Allow It To Pursue An Investigation Into Whether Anyone In Arizona Was Violating State Laws Dealing With Abortions And Fetal Remains. According to the Arizona Capitol Times, “The Attorney General's Office is asking a federal judge to allow it to pursue an investigation into whether anyone in Arizona is violating state laws dealing with abortions and fetal remains. In legal papers filed in federal court, Assistant Attorney General Maria Syms wants U.S. District Court Judge William Orrick to rule that his injunction barring the anti-abortion Center for Medical Progress from releasing more undercover videos does not apply to copies already being sought by prosecutors. Syms said her boss, Mark Brnovich, believes the injunction, unless amended, will impede his legal obligation to investigate whether state laws are being violated. The Attorney General's Office would not comment on what it is investigating other than to say it is a ‘possible violation of Arizona law.’” [Arizona Capitol Times, 9/2/15]

Gabrielle Goodrick, Owner Of Camelback Family Planning, Said She Was The Target Of A “Bizarre” State Investigation That Sought Unprecedented Information About The Identities Of Women Who Got Abortions And Donated Remains For Science. According to the Arizona Republic, “The Arizona abortion doctor at the center of a legal battle over fetal-tissue collection and patient rights said she is the target of a ‘bizarre’ state investigation that seeks unprecedented information about the identities of women who got abortions and donated remains for science. Gabrielle Goodrick, owner of Camelback Family Planning, an east Phoenix clinic that provides abortions and other medical care, has asked a judge to block state investigators from inspecting names and records of ‘patients who have had abortions and donated fetal tissue.’ Camelback Family Planning was the only clinic in Arizona to donate fetal tissue, Goodrick said. Arizona Planned Parenthood officials, unaffiliated with the Camelback clinic, have said their clinics do not participate in fetal-tissue donation. Goodrick filed a lawsuit Thursday in Maricopa County Superior Court challenging the state's ‘civil investigative demand’ requiring the center to produce information about fetal-tissue procurement and disposal. The suit also asks a judge to invalidate a subpoena that would force Goodrick to testify about patients under oath. If the court declines to intervene, the doctor's lawyers say, the clinic ‘will be required to disclose the names of and information about its patients.’” [Arizona Republic, 11/19/16]

Brnovich’s Office Issued A Demand Letter To The Clinic Asking For Records, Each Of Which Related TO Fetal Tissue, Including Compensation. According to the Arizona Republic, “Arizona Attorney General Mark Brnovich would not comment Friday. His office spokeswoman, Mia Garcia, said the office would be filing a response in the coming weeks. The Attorney General’s Office issued a demand letter to the clinic Sept. 1 and a subpoena Aug. 10. The state does not lay out any claims against Goodrick or the clinic in available court records. It does not level any charges or suggest wrongdoing. Under the Arizona Consumer Fraud Act, the state made a 13-point demand asking for records, each of which related to fetal tissue, including compensation. Among its demands, the state asks Goodrick to ‘describe in detail all of your practices related to the purchase, collection, storage, pricing, donation and sale of fetal organs or tissue since January 1, 2012.’” [Arizona Republic, 11/19/16]
To Seek The Doctor’s Records Under Consumer-Fraud Law, Brnovich Used A Civil Investigative Demand, Which Was The Equivalent Of A Subpoena In A Criminal Case, Which Gives The Attorney General Broad Legal Authority To Request Records To Further Investigations. According to the Arizona Republic, “However, the new fetal-tissue law that Ducey signed in March says ‘the physician-patient privilege does not prevent the production of documents or records relevant to an investigation of a violation.’ The law requires a judge to review the records and remove patient names before they are released. To seek the doctor’s records under consumer-fraud law, the attorney general is using a powerful legal tool, two former state attorneys general said Friday. A civil investigative demand, or CID, is the equivalent of a subpoena in a criminal case, and it gives the attorney general broad legal authority to request records to further investigations. Former Arizona Attorney General Grant Woods said the investigative demand was established to combat consumer fraud, but it is not limited to those cases alone. It compels the recipient to comply or face potential criminal consequences. Using a CID to obtain patient records from any doctor's office - not just an abortion clinic - is a balancing act between enforcing the law and respecting privacy rights, Woods said.” [Arizona Republic, 11/19/16]