Abortion doctor's team exploring options after fine, reprimand over privacy violations

Dr. Caitlin Bernard's legal team said Wednesday they're "exploring" all their options as they await a final written decision in her medical licensing board case that would start the clock on a potential appeal.

Here's what their statement said:

Statement from Dr. Caitlin Bernard legal team

"Dr. Bernard bravely stood up for access to compassionate medical care and she is a consummate professional who deserves to care for her patients without reproach,” attorney Alice Morical and her team at the law firm Hoover Hull Turner, LLP, said in a statement.

Medical licensing board ruling

At the end of a 15-hour hearing Thursday the board said Bernard was wrong to give an IndyStar reporter information about a 10-year-old rape victim who traveled to Indiana for an abortion. The board voted to fine Bernard $3,000 and issue a letter of reprimand.

The board said Bernard violated federal HIPAA patient privacy laws and an Indiana administrative law that says doctors can't share any "knowledge and information" about their patients unless required by law or with the patient's consent.

More: Indiana Dr. Caitlin Bernard violated girl's privacy in abortion case, medical board finds

The governor-appointed board voted that two other charges brought against her – untimely reporting of child abuse and being unfit to practice medicine – were unsubstantiated.

The medical licensing board has 90 days from the May 25 hearing to issue a written decision. From there, Bernard can appeal in 30 days.

Indiana Attorney General Todd Rokita statement

State Attorney General Todd Rokita, who filed the complaint against Bernard and has been investigating her actions since shortly after the story about the 10-year-old published, lauded the board's decision.

"What if it was your child or your parent or your sibling who was going through a sensitive medical crisis, and the doctor, who you thought was on your side, ran to the press for political reasons?" his office said in a prepared statement last week.

Rokita's office declined to comment when IndyStar asked about a potential appeal.

More: 'Chilling effect': National experts decry decision against abortion doctor Caitlin Bernard

HIPAA and state privacy law

Bernard's team says the board never identified which pieces of information she revealed that amounted to HIPAA privacy violations.

A former federal privacy law expert who testified on behalf of Rokita's team said the information Bernard shared with IndyStar could have led to the patient being identified, while another expert said the pieces of information she shared – including age, gender and state – don't meet the "protected health information" standard set by federal law.

Indiana law says health care professionals can face discipline if a licensing board finds they knowingly violated any state or federal law that regulates their profession.

Call IndyStar courts reporter Johnny Magdaleno at 317-273-3188 or email him at jmagdaleno@indystar.com. Follow him on Twitter @IndyStarJohnny

This article originally appeared on Indianapolis Star: Caitlin Bernard's team explores options after privacy violations found