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Administrative Law Keyed to Cass
National Family Planning and Reproductive Health Association, Inc. v. Sullivan
Citation:
979 F.2d 227 (1992)Facts
In 1988, the Department of Health and Human Services promulgated regulations through notice and comment rulemaking that prohibited all abortion counseling or referral in Title X family planning programs. The regulations were expressly intended to be definitive and created a complete prohibition applicable to all Title X personnel, including physicians. The Supreme Court upheld these regulations in Rust v. Sullivan in 1991, specifically rejecting challenges that they interfered with the doctor-patient relationship. In November 1991, President Bush issued a memorandum directing that the regulations be implemented to preserve the confidentiality of the doctor-patient relationship, allowing physicians to provide complete medical information including abortion counseling. The Secretary of HHS issued directives implementing this change without notice and comment rulemaking, creating a distinction between physicians who could counsel on abortion and other health care professionals who remained subject to the gag rule.
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