Attorney General Todd Rokita has issued an advisory opinion stating that Terminated Pregnancy Reports (TPRs) are public records available for inspection. However, the Indiana Department of Health (IDOH) is advised to redact any information that could identify a pregnant woman.
The advisory opinion was requested by Indiana State Senator Andy Zay after IDOH declined to release public records necessary for improving maternal health and ensuring compliance with Indiana's pro-life laws. "My colleagues and I in the General Assembly passed the first in the nation pro-life law after Roe v. Wade was overturned," Senator Zay said. "Now, the actions of unelected bureaucrats have made that law unenforceable."
Lack of access to these reports hinders the Attorney General's ability to investigate complaints against medical providers, affecting public interest. "As the entity charged with overseeing medical licensing complaints, our office has long relied on these reports to investigate medical provider complaints," Attorney General Rokita stated. "If IDOH refuses to disclose them, it is impossible to ensure that providers are complying with the law."
The decision by IDOH appears to be a shift in policy following an opinion from the Public Access Counselor declaring TPRs confidential medical records. Attorney General Rokita thanked Sen. Zay for his efforts in clarifying this issue.
"As someone who has participated in legislative deliberations about these reports," Sen. Zay noted, "I can confirm that it was never the Indiana General Assembly’s intent to make them secret and render them useless."
The reports provide insights such as fetal age at abortion, whether abuse or trafficking led to seeking an abortion, and potentially indicate child sexual abuse through the age of pregnant women involved.
The advisory opinion emphasizes maintaining open government as a key public policy element in Indiana. It states: “The TPRs can be redacted,” balancing privacy concerns with public access rights and enforcement needs.