Official stresses safety over access

ST. LOUIS -- Patient safety takes priority over access to abortion, Missouri's health department director said Wednesday after a court hearing on an effort by the state's only abortion clinic to keep operating.

Missouri Department of Health and Senior Services director Randall Williams spoke to reporters after a court hearing on Planned Parenthood's request for a preliminary injunction to retain its license to perform abortions at its St. Louis clinic. Circuit Judge Michael Stelzer did not indicate when he would rule.

The health department last week declined to renew the clinic's license to perform abortions, saying March inspections at the clinic uncovered deficiencies. The agency cited "at least one incident in which patient safety was gravely compromised." It also cited what it called "failed surgical abortions in which women remained pregnant," and an alleged failure to obtain "informed consent." Clinic leaders say the allegations are part of an effort by an anti-abortion administration to eliminate the procedure in the state.

Stelzer issued an order Friday allowing the clinic to continue performing abortions while he considers Planned Parenthood's request.

Williams told reporters reviews of records raised concerns about patient care. He declined to elaborate.

M'Evie Mead, director of policy and organizing for Planned Parenthood Advocates in Missouri, said the state is playing a "political game," and Planned Parenthood has not been advised by the health department of any issues related to patient safety.

"The department, if they have any concerns about health and safety, especially grave concerns, they are obligated to outline them in clear words and say, 'This is a deficiency and it's at this level.' They have not done that," Mead said after the court hearing.

If the abortion clinic closes, Missouri would become the first state without a functioning abortion clinic since 1974, the year after the U.S. Supreme Court's Roe v. Wade ruling legalizing abortion nationwide.

"We can never sacrifice safety for access," Williams said. "We have to have both."

Wednesday's hourlong court hearing focused on technical legal matters. Planned Parenthood attorney Jamie Boyer argued the health department regulations relating to licensing abortion clinics exceed the authority provided by state law.

John Sauer of the Missouri attorney general's office disagreed. He also argued an administrative hearing, not a court, is the proper venue for Planned Parenthood's effort to keep its license.

Stelzer ruled Tuesday four former doctors in training who worked briefly at the clinic are not required to testify at the hearing. The refusal of those four doctors and a fifth to cooperate with the state investigation was at the core of the health department's decision not to renew the license.