Telemed abortion ban ruled unconstitutional by Iowa Supreme Court

DES MOINES — Iowa's ban on using telemedicine to issue abortion pills is unconstitutional, the Iowa Supreme Court ruled unanimously Friday morning.

The Iowa Board of Medicine banned the practice of using a webcam to remotely administer abortion-inducing pills to patients in 2013. The board cited health and safety concerns and issued a rule requiring physicians to personally perform a physical examination and dispense the drugs.

But opponents, including Planned Parenthood of the Heartland, contended the board was limiting women's access in rural or underserved areas to a legal medical procedure.

Planned Parenthood used the so-called telemedicine abortion services at seven of its 13 Iowa locations, including Ames, Burlington, Cedar Falls, Council Bluffs, Dubuque, Sioux City and the Quad Cities.

The group sued the board in September 2013, arguing the ban places an undue burden on women wanting an abortion.

The Iowa Supreme Court agreed in a 6-0 opinion, overturning a Polk County District Court ruling that upheld the ban.

In the ruling, the state court referred to a 1992 federal precedent, Casey v Planned Parenthood, in which the U.S. Supreme Court developed the undue burden test to reconcile the state's interest with the constitutionally protected interest of the woman.

'After careful consideration, we hold that (the) rule ...

places an undue burden on a woman's right to terminate her pregnancy as defined by the United States Supreme Court in its federal constitutional precedents. Because the Board agrees the Iowa Constitution protects a woman's right to terminate her pregnancy to the same extent as the United States Constitution, we find the rule violates the Iowa Constitution,' the opinion said.

The Iowa Supreme Court also pointed to the Iowa Board of Medicine's new telemedicine rules, which went into effect in early June. The rules generally approves of the use of telemedicine, the court said, recognizing the existence of 'technological advances (that) have made it possible for licensees in one location to provide medical care to patients in another location with or without an intervening health care provider.'

Planned Parenthood of the Heartland and its parent Planned Parenthood Federation of America called the decision a 'victory for Iowa women.'

'We applaud the court for ruling to protect women's access to safe, legal abortion,' said Suzanna de Baca, president and chief executive officer of Planned Parenthood of the Heartland. 'When it comes to health care, politics should never trump medicine.'

'This unanimous ruling says that a state cannot single out abortion with a different set of rules that don't apply to any other health care procedure, and that a state cannot prevent women from accessing safe, legal abortion,' said Cecile Richards, president of Planned Parenthood Federation of America.

Meanwhile, the Iowa Board of Medicine said in a statement that the rule was adopted to address what the 'board saw as the unsafe practice of medicine, and not to place an undue burden on women who choose to terminate their pregnancies.'

Executive Director Mark Bowden said the board will discuss the opinion at its July 9 and 10 meetings to determine its full application.

Planned Parenthood of the Heartland said it is not sure how the ruling could affect other states' telemedicine abortion policies, as the ruling only applies to Iowa. But legal counsel for the group said on a teleconference with reporters that courts in other states may review the Iowa opinion while forming their own, and the case could be persuasive in that way.

The rule was scheduled to become effective Nov. 6, 2013, but it had been stayed pending judicial review.

Planned Parenthood said at this time it has no plans to expand its telemedicine abortion services, as it is meeting demand.

Given the politically charged nature of the case, the ruling also brought in opinions from groups around the state and country.

'It's extremely disappointing that our judiciary would strike down a rule that ensured women received the standard of care they deserved before undergoing a significant medical procedure,' said Jeff Kaufmann, Republican Party of Iowa chairman.

The Iowa Democratic Party, meanwhile, applauded the ruling.

'All Iowa women, regardless of their location or socioeconomic status, should have access to treatments and services that are vital to their well-being,' said Andy McGuire, party chairwoman and a medical doctor.