Under Indiana law, the doctor who performs an abortion on a patient younger than 16 must report it to both the Indiana Department of Health and the Department of Child Services within three days, though the statute does not specify whether that might change if the patient is referred from out of state.

“These laws are designed to trap us,” said Dr. Katie McHugh, an OB-GYN in Indiana and board member of the group Physicians for Reproductive Health.

Dr. McHugh said abortion providers, particularly those in states led by anti-abortion lawmakers, have long been wary of the precise reporting requirements laid out in abortion regulations.

“These abortion reporting requirements are seeking to criminalize the provider instead of the actual criminals,” she said. “The A.G.’s comments are not about protecting children; they are about targeting abortion providers.”

Ms. DeLaney, the lawyer, said Dr. Bernard had “followed all relevant policies, procedures, and regulations in this case, just as she does every day to provide the best possible care for her patients.

“She has not violated any law, including patient privacy laws, and she has not been disciplined by her employer.”


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