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Miranda Warnings for Abortion Patients? Disclosure and Confidentiality in the Era of Dobbs

In this CLE program for clinicians, ethicists, and the lawyers who advise them we will consider the legal and ethical obligations of clinicians to minimize the amount of information solicited from patients seeking abortions, in order to minimize the legal peril faced by patients, if their abortion-related treatment records are subpoenaed by prosecutors?

What are the legal and ethical obligations of clinicians and the lawyers who advise them, to minimize the amount of information solicited from patients seeking abortions, in order to minimize the legal peril faced by patients, if their abortion related treatment records are subpoenaed by prosecutors? In treating patients from anti-abortion states, where access abortion is either restricted or prohibited, should clinicians be advised by their lawyers or their employers to give a version of the MIRANDA warning, ( "You have the right to remain silent, anything you say can and may be used against you in a court of law") to patients before taking a medical history related to pregnancy, abortion or miscarriage? Should states that recognize the legal right to abortion revise their medical confidentiality statutes to place the protection for confidentiality for reproductive services on the same level as attorney client privilege, as New York has done for Psychologists, through CPLR section 4507?

This program is eligible for Continuing Legal Education (CLE) credits.  

Information Regarding New York CLE Credits:

Columbia Law School has been certified by the New York State Continuing Legal Education (CLE) Board as an Accredited Provider of CLE programs. Under New York State CLE regulations, this live webinar for both transitional and non-transitional CLE Program will provide 1.5 hours of New York CLE credit in the Ethics & Professionalism category and 0.5 hours of New York CLE credit in the Areas of Professional Practice category. This CLE credit is awarded to New York attorneys for full attendance of the Program. Attendance is determined by an attorney's submission of their Attorney Attendance Affirmation forms with appropriate course codes noted. On submission of the Attorney Attendance Affirmations, attorneys also should submit their completed Evaluation Form, provided by the program organizers. Please note the NYS Certificates of Attendance will be sent to the email address as it appears in the register unless otherwise noted there."

After you have viewed the program, please complete the attendance affirmation and evaluation below and submit them to Athina Fontenot at af3018 [[at]] columbia [[dot]] edu (af3018[at]columbia[dot]edu) to receive your certificate of completion.

For additional information about program offerings at Columbia University’s School of Professional Studies, please contact an Admissions Counselor at 212-854-9666 or inquire [[at]] sps [[dot]] columbia [[dot]] edu.


US Constitution, 9th and 14th

NYS CPLR § 4507

Case Laws:

Thomas E. DOBBS, State Health Officer of the Mississippi Department of Health, et al., Petitioners v. JACKSON WOMEN'S HEALTH ORGANIZATION, et al

SCHLOENDORFF v. SOCIETY OF NEW YORK HOSPITAL. April 14, 1914. 211 N.Y. 125 Court of Appeals of New York

Roe v. Wade, 93 S.Ct. 705, Supreme Court of the United States

Ferguson v. Charleston, 532 U.S. 67 (2001)


New York Attorney Rules of Professional Conduct (22 NYCRR 1200.0

HIPAA Privacy Rule

Ethical and Religious Directives for Catholic Health Care

The Joint Commission Accreditation Standards


NAPW Guidelines for Health Care Providers

Telemedicine Abortion: Understanding Barriers and Ensuring Access

Risking Everything to Offer Abortions Across State Lines