The Indiana Court of Appeals has upheld an order preventing the Indiana Department of Health from releasing terminated pregnancy reports, ruling that the documents qualify as confidential medical records under state law.
In a decision issued Friday, Dec. 5, a three-judge panel affirmed a preliminary injunction granted by a Marion Superior Court judge at the request of OB-GYNs Caitlin Bernard and Caroline Rouse.
The physicians filed suit after state officials agreed—through a legal settlement—to release unredacted terminated pregnancy reports in response to a public-records request submitted by Voices for Life, an anti-abortion organization.
The panel held that the doctors had legal standing to challenge the release because the state’s shifting interpretations of what could be disclosed created uncertainty and exposed physicians to potential harm. Judges pointed to Bernard’s 2023 professional discipline case, noting that she had faced sanctions for publicly sharing the same types of patient details included in the proposed release.
The opinion emphasized that terminated pregnancy reports contain extensive medical and demographic information—including diagnostic and treatment data—that could enable patient identification when combined, especially in smaller communities. Therefore, the documents fall under exemptions within Indiana’s public records law.
The court also rejected arguments from the Indiana Attorney General’s Office and Voices for Life claiming the injunction would impede oversight of abortion providers. Judges noted that the Indiana Department of Health maintains full access to the records for regulatory purposes and will continue publishing required aggregate public data.
The statewide injunction will remain in place as the case returns to Marion Superior Court for further proceedings.