INDIANAPOLIS -- A preliminary injunction was approved in Marion Superior Court Monday, preventing the Indiana Department of Health from releasing abortion records to the public. The preliminary injunction follows the expiration of a temporary restraining order issued on Feb. 19 that blocked IDOH from releasing any Termination of Pregnancy Reports (TPRs) to the public during a contentious lawsuit over the records. Judge to decide if Indiana Department of Health can release terminated pregnancy reports According to previous reports, a pair of local OBGYN physicians identified as Caitlin Bernard and Caroline Rouse filed a lawsuit on Feb. 6 to prevent the release of TPRs. This marks the latest development in an ongoing legal battle concerning the public release of abortion records across the Hoosier State after IDOH reached a settlement with the anti-abortion group Voices for Life on Feb. 4. Voices for Life had accused IDOH of violating the state’s Access to Public Records Act for failing to publicly release abortion records. Thomas More Society, a law firm based out of Chicago, filed the lawsuit on behalf of the anti-abortion group in May 2024. The pro-life organization has sought the public release of TPRs since 2022 as part of a wider effort to confirm that healthcare professionals “comply with Indiana laws protecting the unborn.” The lawsuit cited Indiana law, which does require physicians to share TPRs with IDOH alongside patient demographic and medical history. The reports can list the zip code and county of individual patients but do not name any of the patients, according to the Associated Press. The reports also detail the procedure type, the listed reason for the abortion, the physician’s name and the date the abortion was performed. The settlement had initially meant that IDOH would be required to release the records outlining certain abortions performed across Indiana, with redactions being made to protect the identities of patients. Bernard and Rouse had argued that releasing those records would compromise the privacy of their medical care and personal health decisions. According to court documents obtained by FOX59 and CBS4, Bernard shared that one of her patients went to an out-of-state provider because she "did not want her private health information released to the public." Marion County Superior Judge James Joven noted that releasing TPRs could disrupt the relationship between patients and physicians while outlining his reasons for granting the preliminary injunction. "Moreover, disclosure of a TPR, if it included any patient health information, could have a chilling effect on the patient/physician relationship," Joven wrote. "A patient could be less likely to disclose certain medical information to the physician knowing that the physician must report such information and that the Department may publicly release that information." Joven concluded that the injunction would not be a disservice the public. "Issuance of an injunction would serve a significant public interest – keeping a patient’sinformation of diagnosis, treatment, and prognosis confidential, safeguarded from publicdisclosure," Joven said. "Indiana law supports this interest in APRA, making patient medical records exempt from public disclosure." TPRs: Public or private medical records? Health officials had initially complied with Voice of Life’s requests for access to TPRs until 2023, when they asserted that they no longer could release this information to avoid breaking confidentiality patient standards. The total number of abortions declined dramatically after the state enacted a near-total abortion ban following the overturning of Roe v. Wade in June 2022. Indiana became one of the first states to implement stricter abortion bans after the controversial ruling removed federal abortion protections. Indiana Department of Health to release terminated pregnancy reports after settling lawsuit Since abortions were being performed under stricter circumstances, IDOH officially opted to stop releasing individual reports in a bid to protect patient privacy. Instead, the department released its regular summary data four times a year. Indiana’s abortion law only offered a few exceptions for those seeking an abortion in state lines; in certain cases of rape or incest, if the mother’s life was in danger, or for fetal anomalies. Bernard was previously embroiled in a legal battle with Indiana Attorney General Todd Rokita after the Indianapolis obstetrician-gynecologist was penalized by the Indiana Medical Licensing Board for violating patient privacy laws. This dispute centered on Bernard’s public comments about an abortion she had provided to a 10-year-old who was the victim of a rape in Ohio. Rokita filed a formal complaint against her, arguing that she violated the state’s patient privacy laws after failing to report the child’s abuse. Bernard and her attorneys denied these claims, arguing that she did inform the Indiana Department of Child Services of the abuse and complied with Indiana’s three-day window when she reported the abortion on July 2, 2022. All of this follows Executive Order 25-20, which was signed by Indiana Gov. Mike Braun on Jan. 21, requiring the public release of individual reports on abortion. ...read more read less