The ProLife Team Podcast
The ProLife Team Podcast delivers practical, faith-filled content for pro-life leaders from pro-life leaders.
Hosted by Jacob Barr, this show equips pregnancy center directors, staff, volunteers, and advocates with real-world strategies to save lives, strengthen their ministries, and advance a culture of life. Every episode features inspiring interviews with frontline leaders, doctors, attorneys, pastors, and movement voices who are actively fighting for the unborn and supporting women in crisis.
You’ll hear powerful stories of transformation, biblical truth applied to today’s battles, practical tools for pregnancy help centers, updates on legislation and legal protections, abortion pill reversal insights, fertility awareness, post-abortion healing, maternity home work, upstream messaging, and much more.
Whether you’re running a pregnancy resource center, serving in pro-life ministry, or simply passionate about building a culture that values every life, this podcast will encourage, equip, and empower you to make a lasting impact.
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The ProLife Team Podcast
#194: Anne O’Connor | Legal Protections for Pregnancy Centers with Live Q&A
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[Music]
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Every woman deserves to know all the information so she can make an informed choice about the abortion.
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Well, thanks you guys all for coming. This is awesome. We're super excited to have Ann on this this month
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and we are at 12 o'clock. So, we will um if you have questions, you can put them
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in the drop them in the chat and we'll make sure that um Ann sees them and we
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can answer them along the way. Um
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and I'll kind of keep an eye on that for you. There we go. I can see you guys.
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Well, welcome everybody. All right. So, well, welcome everybody to webinar Wednesday. This will also be
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shared on the Prolife Team podcast. Um, and and uh so Anna O' Conor with NIFla,
1:07
she's the vice president at NIFla, working side by side with Tom Glesner. They have been working to protect
1:15
pregnancy clinics for I would guess 35 years, but I'm just guessing. Um, and I
1:22
know that they've gone to the Supreme Court with NISLA versus versus Bera protecting freedom of speech. Um, and
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one that that that fight and um, and I we looked to NIFla for um, what not to
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do, what to do to um, strengthen legal
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decisions that have legal consequences. So, uh, Ann, I'm glad you're here. That
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was my off-the cuff intro and so um thank you Jacob. Yeah, thank you for being here.
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Well, and Nippa really appreciates I Rapture like when there's like a really technical issue about websites or
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something. Jacob's our go-to person because kind of above our heads. So, we
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appreciate I Rapture so much and for all that you do for centers. And I'm so happy to see all of you here. I
2:15
recognize a lot of people and it's nice to to see you from all across the
2:20
country. Um, and today I was going to share a little bit about some cases that are
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going on I want to make sure you know about. Then I want to talk about advertising issues since that's what you
2:33
do with I Rapture and then we'll touch a little bit on being why we want you to
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be religious organizations and a little bit on HIPPA if that's okay. We'll save
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questions till the end, but please type them in there and then uh Sandy will show me how to read them or help me read
2:51
them. All right, so welcome. Yes, as Jacob said, I've worked at NIFla for
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about 30 years now and uh it has been such such a ride. Uh we have 1,800
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pregnancy centers that are members of NIFla and um NIFla was formed to help
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pregnancy centers uh withstand the attacks because we were getting attacked back then and we're still getting
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attacked like crazy now and and uh we provide best practices in
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the legal world and in the medical world as well. That's our focus. So, a couple cases that we have coming
3:32
up, there's like 20 cases going on across the country involving pregnancy centers. Um, and we keep up to date on
3:40
them. We write a monthly memo on them. We're plaintiff in about six or seven of
3:45
them right now. And, um, some of the important ones are out of California and
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New York where, um, the attorney general has gone after pregnancy centers. And I
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see some dark people um here for advertising abortion pill reversal
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saying that it's false and misleading advertisement. So the attorney generals have to have
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gone after them in state court. So NIFla represented by ADF filed federal actions
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saying hey you're violating our constitutional rights by prohibiting us from speaking about this. And we won in
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New York and we lost in California. Um the New York one was appealed and
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that was uh the appeal was argued in June and we're waiting for the decision on that. But right now there's an
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injunction in place saying the attorney general can't go after pregnancy centers
4:41
for advertising APR. In California we lost and the we appealed it and we have
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uh arguments October 9th. if you could remember to pray 9:30 Pacific time in
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the morning for us and for our ADF attorneys. Um we we just we really feel
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like we have a good case, but it's hard in California and the Ninth Circuit is a
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little better. So, we're hoping to get a good decision out of them. So, those are two really big cases going on. But the
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other big one um that NIF was not a party in is the first choice case out of
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New Jersey. And I am from Jersey. Um, this center is a wonderful center up in northern Jersey and the attorney general
5:27
has gone after them with an investigative subpoena
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not based on any complaints against the center asking for tons of information
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about their advertisement, years of websites and mailers and things like
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that which the center represented by ADF has been complying with except for the
5:51
final request. us, which was, "We want a list of all your donors and their
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contact information because we want to contact them and see if they were misled
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into believing that you were a reproductive health organization and that's why they donated to you." And so
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what they decided was that that crosses the line. We have nothing to hide,
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right? None of you have anything to hide, but you have a lot to protect. So, it's been bouncing back and forth
6:23
between state and federal court here. Finally, the Supreme Court took it. So, in December, pregnancy centers will be
6:29
back before the Supreme Court, and we have a great record. Jacob mentioned the
6:35
Nifa versus Bera case that we won back in 2018. That case has been cited more
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than 200 times since then to protect the first amendment and we see it as a basis
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for the first choice case as well. So, we're hoping for victory again, but it's
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so cool uh to be back before the Supreme Court. And thank God for the courts
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where we can find justice even if there's political action against us.
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So, if you'd like to know more about our cases, you can reach out to us. Um we
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have one in Delaware, Illinois. Many of you are from these states. We have one in Minnesota, which we just lost, but
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we're appealing it. Uh we had a case in Vermont which we had to uh what happened is they
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passed the law saying pregnancy centers are misleading and fraudulent in their advertising and if they do we can go
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after them and there could be a private cause of action meaning anybody all the proboards could come and sue the center
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and we fought that ADF represented us we fought that on behalf of our eight pregnancy centers up in Vermont saying
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what you don't have any proof proof that we're misleading or fraudulent. You you're actually the attorney general
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actually said, "Oh, no. It's not these eight centers. They're all doing things well. It's if bad centers come to our
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state." And um but we had a case because they specifically targeted us because of
8:04
our viewpoint, our pro-life religious viewpoint. So, we had a great case and it we we won a a motion at the in the
8:13
beginning the state brought a motion to dismiss. we beat them there and so the state got scared um and they went in and
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amended that law so didn't target pregnancy centers anymore so kind of gutted our case
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they still could go after pregnancy centers and we're watching that um but that's the kind of thing we're dealing
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with in Delaware Delaware passed a law very similar and um the state agreed not
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to enforce the law while the litigation is pending so
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it's a lot of things going on like that and that thankful for groups like ADF,
8:50
Thomas Moore, ACLJ, uh they're all involved in pregnancy center protection
8:55
and we're so thankful for them. But besides the cases um that I wanted to
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make sure you knew about, we have some advertising things I would like to talk to you about. Uh oh, there's an echo
9:08
when when I'm talking. Do you hear it, Jacob and Sandy? No. Okay, I'll just
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keep talking and hopefully it will fix. So, you can bet your proabortion enemies
9:22
are scouring your websites, right? And when we do legal audits, we go in and
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look at your websites and really make sure from an objective point of view,
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there's nothing that someone could claim is misleading or fraudulent in uh or
9:40
deceptive in your advertising. And it's a balance, right? Because you're trying
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to attract your target audience, you know, who who is a woman not sure what
9:52
she's going to do or looking for an abortion. You're trying to offer her last minute chances of hope and change
10:00
of mind. And so like any business, like any ministry, you're trying to reach a
10:06
group of people that you you're your mission is to serve. So we can do that
10:12
without also crossing the line. And you know, Google has tried to hurt us by
10:19
making us put little disclaimers on. It's all started years ago when we didn't even have Google and we just had
10:26
yellow pages if anybody remembers that. There was one um there was one division
10:32
called abortion and so we were advertising in that with abortion clinics but then there was a big uproar.
10:39
So then they made abortion alternatives and abortion. So abortion alternatives came first and so we we caught you know
10:48
that kind of backfired on them because if we place an ad they would see us uh before they would see the abortion
10:54
clinics. So it's been a fight for decades. They have the same battle cry
10:59
against us but we want to make sure your advertisement uh will not draw any um any kind of
11:07
controversy. So the kind of things we want you to be aware of and what we look
11:12
for when we do a legal audit of your website is what kind of wording are you using first of all do you have a
11:19
disclaimer somewhere on there and maybe in multiple places that say you don't perform or refer for abortion. We really
11:26
recommend that you have that. It's not a legal requirement that you have that, but it helps to fight the claim that
11:34
we're misleading. If right on our website, even if it's at the bottom or in the about us page, it says we don't
11:41
perform or refer for abortion. And you can say it in a nice way. You can say what you do provide and what you don't
11:47
provide. But then we can say the consumer should be aware because we it's right there on our website.
11:54
We like to see um a disclaimer that says all the information on your website,
11:59
even the medical information is just for in general information purposes and doesn't replace the consumer seeing a
12:07
physician, right? So that just, you know, you'll see that on any kind, you know, vitamin websites have that. Um so
12:15
that's just good practice. Um we also like to see a website privacy and terms
12:21
of use. So it tells the consumer if you gather information just by them visiting
12:27
your website and what you do with it. So we really some states require it and I
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know I Rapture um can help make sure that that gets on your website. That is
12:38
different than your patient privacy policy. Okay, we're going to talk about that in a minute. This is your website
12:44
privacy policy. how what kind of cookies you have and you know what you do with
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that information, how it's stored, who you share it with, if you share it with anybody. Um that would be in the website
12:56
privacy and terms of use policy. Um we also look at your language about what
13:01
services you offer. Are you saying things like it would got it was popular for a while pre-abortion consultation or
13:10
pre- uh termination consultation? words like that that made it sound like, oh,
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if a woman's thinking about an abortion, she can come to us and we'll consult with her about it before we do it. Just
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like, you know, if you were having knee surgery, uh you would talk to the doctor
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and do a whole consent, you'd have a whole pre-surgery consultation before
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you had the surgery. So doctors see that as a continuum that the pre-abortion
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consultation leads to the abortion. Of course, we had it there because every
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woman deserves to know all the information so she can make an informed choice about the abortion. So Nifa wrote
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a legal tips on this. If you're going to advertise anything like that, pre-abortion consultation, pre-abortion
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assessment, make sure in the context of that piece of advertisement, it says
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what it includes and what it doesn't include. Pregnancy test, ultrasound to confirm an inner and uterine pregnancy,
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um, you know, a nurse consultation, um, does not include an abortion or referral
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abortion. it has to say in the context because if it's way down at the bottom of your web page, someone could argue
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that's a little misleading, right? Um, then the other thing I've been seeing on
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websites that's that makes that's a concern is uh come to us so we rule out
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an ectopic. We really don't like to see that language because it is near
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impossible to rule out an ectopic, right? We're doing the ultrasound to see if the fetus
14:58
is in the womb where it's supposed to be. So, language like that to to you
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know, and I have some samples if you need it and I'll send it to you, Jacob, so you have it for the future. Um, but
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language like an ultrasound is a helpful tool to determine that the pregnancy is intrauterine or in the uterus. If not,
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it could be an ectopic. So, if we don't see a pregnancy in the uterus, it's considered a pregnancy of unknown
15:27
location, a p, a, a pul we call it. So if we if we can't see the pregnancy and
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she tested positive and she's certain amount of weeks along, if we don't see it where we expect to see it, then it's
15:41
in an unknown location. It could be an ectopic. It could be she miscarried. It
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could be she's just earlier than she thought. But we haven't confirmed where the pregnancy is. And so we suspect an
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ectopic. We give her ectopic and miscarriage precautions. We refer her to
15:59
a physician, tell her to go to the emergency room if she has any complications, any symptoms at all. But
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what they to rule out an ectopic, they're going to do multiple ultrasounds. They're going to do serial
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hCG testing, which maybe some centers will grow to do, but it is it is very
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risky because we're seeing women early on in their pregnancy and ectopics are
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on the rise for some reason. Uh we're seeing more and more ectopics. Audrey Stout who is an RDMS with Sound View
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imaging and has been doing it 25 years. She says in the last two years she's
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seen more ectopics than all 20 years before. So ectopics are on the rise and
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because we're seeing women early on uh it is a risk. So do not advertise we can
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rule out an ectopic. something like 35% of patients have uh an ectopic and and
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it's never seen. It's like really hard to see on a um on a video
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um on the ultrasound machine. So you can say things like what your ultrasound is
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meant to do. There's some really good language I've seen on some centers. Um,
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you can say an ectopic is a serious condition where the embryo implants outside the uterus. It could be
17:25
life-saving saving. An ultrasound will determine if the embryo is in uterus where it's supposed to be. And if it's
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not, then you will be referred for appropriate care for an ectopic or miscarriage, right? To look for an
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ectopic or miscarriage. So, there's ways to still talk about ectopics, but don't say rule out ectopic.
17:45
Um, let's see other things. APR. If you're advertising abortion pill reversal, and we recommend that you do,
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you want to um also include that it's not 100% foolproof, right? It's like 64
18:01
to 68% um successful to turn around. So, I've seen
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some website that say, "Oh, we can reverse your your abortion if you took the abortion pill." What we might not be
18:15
able to. So, put in some kind of statistics and even site where you got the statistics from um just to clarify
18:22
with the patient. And let's see what else do we like to see. Oh, any any um medical facts that
18:32
you put on your website, we like to see citations too. So, if you say 20% of
18:38
pregnancies end in miscarriage, you should site to something. It's really nice to site to like Mayo Clinic and
18:43
those kind of places. everyone accepts that. Okay. And then uh one big thing is if
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you have an appointment page on your website where she can make an appointment or at least um put
18:57
information in then you contact her. I see centers asking for way too much
19:03
information on those appointment pages. First name, last name, date of birth,
19:08
last menstrual period, are you seeking an abortion? What's your email? What's your cell phone? lots of what we call
19:15
PHI, private information, all being collected on your website somehow being
19:21
transferred to you hopefully in a secure manner. So unless unless someone can
19:27
convince me it's absolutely necessary we have all that information right up front, I would prefer first name, phone
19:35
number, and you call her or text her. If you're going to be texting her, you
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should have a little language that says she gives you permission to text her even though it might not be 100% secure.
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It's called safe harbor language. Uh where you give her a warning about it um
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that it might not be 100% secure. Everything's confidential in your side, but you can't control her side, right?
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So, I would gather the least amount of information that's necessary for you
20:06
then to follow up and make the appointment. All right? Unless your website is, you know, you are totally
20:14
secure and the web designer says absolutely, we can do this. It meets all the HIPPO requirements. I would not
20:21
collect all that information upfront. I just see the proorts having a field day with that. They just had a huge claim
20:29
against a major medical provider because the medical provers's website was
20:35
gathering that kind of information in the background and then sharing it with Facebook, right? So that these are where
20:43
claims can start happening. So just take the minimal amount of information that
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you need. And then finally, I want to talk to you about HIPPA and the notice
20:53
of privacy practices. This is how I know the proboards are scouring your email
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your websites because they have a whole chart of the names of the centers and if
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they have a privacy policy and what they do and you know they're they've done their research and you know hopefully
21:15
all of you know unless you're billing electronically or for some reason communicating with health plans you are
21:21
not technically a HIPPO HIPPA covered entity. So, HIP, you aren't under the
21:27
jurisdiction of HIPPA. Um, it doesn't mean we shouldn't be keeping all our
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patient information private along the guidelines of HIPPA, right? So, NIFA has
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always said you, you know, you're not a covered entity. You're probably not, very few centers are billing, you're
21:44
probably not a covered entity, but you you still want to follow these industry standards like HIPPA requires. And of
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course, um, many of you know Missy from Learning is Created. She has HIPPA training. She has patient privacy
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training. She's helped us so much. Um, we've consulted with other HIPPA experts and we feel really confident in our
22:06
latest patient privacy policies that NIFla produced in April. So, if you're a
22:11
Nifa member and you didn't get that, email me because I'll send them over to you. It replaces our HIPPA section uh in
22:20
our manual because we were we were using the term HIPPA because that's standard in the industry. Our big joke was to get
22:27
everybody to spell HIPPA properly. And I think I probably just about got everybody to spell it hip pa instead of
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hip pa. Um, but now we don't want to
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hold ourselves out at all to the public as HIPPA covered entities. Um, because
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that could be misleading to the consumer, right? So, we don't want to
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see anything on your website that says all our forms are HIPPA compliant or if you have a complaint, contact the HIPPA
23:00
office at HHS to file a complaint because none of that, you know, that
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sounds like we're holding ourselves out as a HIPPA covered entity when we're not. We had some proorts, right? Like 10
23:14
attorney generals saying, "Oh, pregnancy centers are being deceptive. They're saying their notice of privacy practices
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saying they can make a complaint to HHS when they're not under the jurisdiction
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and a few of the attorney generals responded by contacting our centers. All
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of those things have been worked out. We have since changed the privacy notice
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um so that it applies completely to us. We're not just using uh HHS's template.
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So, please, if you check on your website, if you're using the old one and
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contact us and I'll send you the new one, okay? There's no requirement that you post it on the website. It's a
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service to your patients to tell them how you protect their information, how you use their information.
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But the number one rule to protect you is you don't release a patient's health
24:09
records unless you have a signed authorization. That is your golden
24:14
ticket. If she signs an authorization and says, "Share it with soand so," you
24:20
have her permission. So, anytime there's a request that comes in, even if it's a subpoena, if it's a police officer, if
24:28
it's a mother, say, "Oh, I'm sorry. Um, for privacy purposes, we need a signed
24:33
authorization by the patient." And if you can get one, then you have her permission and and there's no problem.
24:41
Now, there are exceptions in the law, but your first reaction should always be, "Hold off." I get calls at least
24:47
once a week. I had one today um from a center who's getting a request for
24:53
records from an attorney, has a signed authorization, but now it's electronically signed, right? Because
24:59
everything's on DocYign or whatever. So, we can't compare the signatures, but everything else matched. the name, the
25:07
um the address, her date of birth. Um when in doubt, you could call the client
25:13
and say, "Hey, did you want us to send this over? We got this packet of information." But always, if you don't
25:19
have an authorization, always consult with an attorney and feel free to call us at NIFla and we'll help you sort
25:24
through because the last thing you want to do is wrongfully give someone's health record to someone when they
25:31
didn't want it, right? Um, so even though we're not HIPPA covered entities, there's state laws that might apply to
25:38
you. And also there's contractual like you you've said everything is going to
25:44
be confidential. We are a safe and confidential place. Your medical director, your your medical people
25:50
working there, they have an ethical duty to keep things private with their patients. So there's plenty other areas
25:56
that would require us to be um to protect our patient privacy. um in
26:03
addition to HIPPA. All right. Um client stories. If you're going to be
26:10
posting client stories in your letters or on your website, make sure you have a signed authorization from them to do
26:16
that. I get calls from centers all the time like, "Oh, well, if we just leave out a lot of the details, can't we do
26:22
that?" I always say, "If she could read it and think it's her, don't publish it
26:28
without her signature." Right? Some centers put together a compilation of
26:33
the typical um client and there's absolutely no identifying information,
26:38
not even like towns or the month that she was pregnant when she came to us
26:45
maybe. But it's always better to have an authorization if you're going to use her her ultrasound image. That's her that's
26:52
her medical record. You need an authorization for you to use that. Okay? So, be careful about that.
27:00
And then finally, a little bit about advertising is negative reviews.
27:06
The proboards sometimes have a field day writing negative reviews on Google, on
27:11
Facebook, on Yelp. Um, and so some of those um platforms you can um disable
27:20
reviews, which you know, maybe you want to, especially if you're under attack.
27:26
Um, but in places that aren't um you
27:31
where you aren't able to disable it, you want to always answer answer both
27:36
positive and negative reviews. The positive ones you just say, "Thank you so much
27:43
for the positive review." The negative one, you're not going to answer this way. You're not going to say, "You
27:49
weren't even a client here. Oh, you came to us, but you blah blah blah blah." And
27:54
complain about them. No. patient privacy, right? You cover it. You You're writing not for the person who
28:00
complained, but for the new reader who's reading Yelp and wondering if she should
28:06
come to you, right? That's how we look when I look at a restaurant or anywhere.
28:11
If there's a negative one, I'll look and see how it was responded to and I'll also compare it to all the positive ones
28:18
and think, "Oh, that person's just a wacko." You know? So, same thing. You want to write a response saying
28:24
something like Oh, you know that are you sure you came to our center? Because that does not
28:31
sound like how we operate at all. This is what we do. Um, and we're a safe
28:37
place and 99% of our clients file with us a customer satisfaction
28:46
survey with high results, better than Chick-fil-A even. No, you don't want to
28:51
go that far. But you know what I'm saying? you're you're doing it for the future reader, not for this bum who
28:57
wrote a fake review of you. So, be prepared for that. We do have a legal tips that provides um some sample
29:05
language that you could use as well. And
29:10
finally, I want to talk about being religious. I think most pregnancy centers have gotten this message now
29:17
that the best way to protect our ministries uh you know with constitutional
29:23
protections with employment rights is to make sure our ministries are religious organizations and I know many of you
29:31
formed your centers years and years ago uh and the advice back then was don't be religious right because we wanted to be
29:38
able to get grants and we didn't want it to hinder us even though we were motivated by our faith to go into this
29:45
mission, right? But now with all the cases going up against Christian ministries and employment areas, um, and
29:54
you know, the poor cake bakers, another cake baker is going up to the Supreme
29:59
Court this year because she, you know, she, it's a matter of her expression and
30:04
she wants to be able to make cakes that will honor her faith. Um, we have cases
30:10
where uh employees at Christian ministries or their applicants actually
30:16
and they can't sign a statement of faith and code of Christian conduct. So then they sue the ministry saying they're
30:21
being discriminated against. That's happening a lot. Hasn't happened against the pregnancy center yet. So your
30:27
defense is that you're a religious organization and not just that you think you're a
30:34
religious organization. that's documented in your articles, in your bylaws, that you have a statement of
30:39
faith, a code of Christian conduct that everybody from your board down has to sign and renew every year because what
30:47
happened, there was a big case in 2011 against World Vision. World Vision
30:52
required their employees to sign a statement of faith every year. And you know, they're an international employer,
30:58
um, probably thousands of employees. And one year after 10 years of working
31:04
there, these three people would not resign the statement of faith. They said they no longer believed in the Trinity.
31:11
And so right on the spot, World Vision said, "Well, it's a condition of continued employment." So if you're not
31:19
going to sign it, you we're going to have to terminate you. They got terminated and they sued World Vision
31:25
saying that's discriminating against us based on religion. and it went all the way up to the Ninth Circuit where we're
31:30
going to be in October uh in our APR case and the court ruled in favor of
31:35
World Vision. It looked at its articles, its bylaws, its job descriptions, uh its
31:41
mission statement, um its statement of faith, code of Christian conducts, its
31:46
employment practices, the whole bundle it looked at and said, "No, even though World Vision is in a church, it is a
31:53
Christian ministry and it can hire people that believe the same as them."
31:59
So, that was a big win. And so, we want to make sure you have that kind of protection. So if you're unsure if
32:05
you're religious or you just assume you are because you know you know that's what motivates you do a legal audit
32:13
because we'll look at your um articles, your bylaws. Your job description should
32:19
have not just um religious qualifications. I see a lot that say,
32:25
oh, you know, goes to a church, um, um, believes in the trinity and th those
32:32
kind of things, but you have to have religious duties as well, meaning their
32:38
job is part of furthering the religious mission of the organization. They are
32:44
able to pray with clients as appropriate. They're able to share the gospel as appropriate.
32:50
um they lead devotions for staff on a regular basis, things like that, things
32:56
that further the religious mission of the organization. Um and we have sample sample language
33:02
for you as well on our website. You can go download the job descriptions that go through all those.
33:09
So, those are the things I was thinking about today as far as how to best
33:14
protect your center. There's a lot more we can get into. We just spoke at Caret
33:19
last week about, you know, making sure you have good ultrasound training, making sure the medical practices are
33:26
really high standard. Don't cut any corners. Employment is a another big
33:32
area, and we don't have enough time to go through all this here, but um you
33:38
know, any kind of wrongful termination claim can really hurt the center. um
33:43
making sure you're well insured that your medical director is covered by your
33:48
medical malpractice policy. Another thing we've been seeing is um
33:56
fake clients, often fake clients or adversarials, filing medical board complaints against our medical
34:02
providers. Make sure your medical malpractice insurance provides a defense to your doctor, your nurses for that. um
34:09
because that can cost a lot of money to defend them. I know we covered a lot here and thank
34:15
you. I mean, my goodness, there's a lot there, but we still got time. So, yeah, I've got a question for you, Ann.
34:21
Yeah. U how often should a pregnancy clinic do a legal audit and
34:29
and can you explain how that's a benefit or feature for NEFA members? Yeah. So, I
34:35
would say at least every five years or if something significant changes,
34:41
um, and if the legal audit was done before you were the executive director, it's a good idea for you to do it
34:47
because it's going to be so educational to you about how your center was formed and operates. And we always catch little
34:55
things like I did a legal audit today for a center who I helped them convert to medical like 10 years ago and they
35:03
and I did a board training with them the legal audit and everything and they are doing so excellent but I still found
35:10
four pages worth to say okay we can improve here you know so I would say
35:15
every five years or if there is a significant change and with NIFla it's a
35:21
membership benefit it's it's It's like a 20page questionnaire. I know it's very intimidating and calling it an audit is
35:28
kind of scary, but it's really just, you know, a legal review. Um, and it's it's
35:34
free to our members. I believe Karenet and Heartbeat do one as well. So, make
35:40
sure you take advantage of those things. Um, just for to make sure you're doing things well.
35:48
Oh, so we have a question that says, "You mentioned that the rules for website privacy policy differ by state,
35:55
but do you have any recommendations on where it's located um and how it can be Yeah. How we how
36:00
they can find those answers per state?" Uh yeah. So
36:07
um we started doing legal research in all the states and we have about 10 states
36:14
um state specific legal research that you can find on our website under the
36:19
legal tips page and one of the questions there is does the state have a uh
36:26
consumer privacy law that we have to comply with um otherwise I'm tasking the
36:33
coalition leaders this is an area it would really be great if the coalition got the information from. Um, you know,
36:41
we're trying to do that in California. Of course, California has consumer protection policies and we want to make
36:48
sure laws and we want to make sure to be complying with them, but it's not it's
36:53
not easy to figure out which is frustrating. I would ask your your provider, they might have it. There's
36:59
definitely a standard. NIFla in the basic policies and procedures has a template. Um, but you would want to have
37:07
a local attorney um or check uh our state specific legal thing uh legal
37:13
journals and see if we figured it out yet or check with the coalition
37:19
and see if someone in the coalition has figured it out yet. It's probably just tweaking some language in the website
37:26
privacy policy. Um, in the meantime, we did have a question here. Please tell us what NIFla
37:33
is. Oh, I'm sorry. I just assume. I assume because I've been doing it 30 years, so
37:39
I apologize. NIFla stands for the National Institute of Family and Life
37:45
Advocates. We're based in Virginia. Um, Tom Glesner started 33 years ago. um
37:52
when he came out of Karinet, it was called Christian Action Council then and just saw that pregnancy centers were
37:59
beating being beat up right and left and sometimes it was not because they didn't
38:05
deserve it, you know. So there was a real need to like up the standards in the legal and the medical world. Um and
38:12
so that's what we focus on. We don't compete with Carnet and Heartbeat. um
38:18
they've been around and they really, you know, do great job focusing on what you do in the counseling room with the
38:24
client, which us lawyers don't even ask us because we'll mess that up, you know. But NILA has three lawyers, three
38:32
physicians, and a whole team trying to always produce and update best practices
38:38
in the legal realm as well as in the medical realm. Oh, I remember what I was
38:44
I was telling you. I was going to tell you cyber attacks, they're starting to
38:49
happen against pregnancy centers. So far, it's not like it's mean
38:55
proboards trying to do it, but I'm sure they're trying, right? Um, but you need
39:01
to have your privacy officer, which is usually your nurse manager, uh, do a
39:08
security risk assessment. And there's a form in the new policies we created that
39:14
goes through everything at your center so you could see if you have any vulnerabilities. And I think in both cases that happened
39:21
recently, it was fishing. You know how they send you get emails sometimes and they're
39:27
um you know you it kind of looks real and you're worried about it. So you click the button and then it gives them
39:34
entry into uh your system. So, a good fishing training, anti-ishing training,
39:42
uh, fishing is P H I S H I N G would be really good for the staff. And I say I
39:49
would say timely because it seems to be ramping up. Yeah. So, I was wondering, you said
39:56
about updating um like our bylaws and stuff to
40:02
religious. Um, so our ministry was set up like 36 years ago. So what agency is
40:10
that something to the IRS? Is that state?
40:15
Um, where do we update that? And is there a difference from just being a
40:20
nonprofit to like a religious nonprofit? Oh, and who do we follow?
40:26
Yeah, good question, Jared. Um, so
40:31
the articles of incorporation, which is the document you filed with the state to set up the organization, the nonprofit
40:38
corporation, you would amend those and file an amended articles of incorporation with the state to add your
40:45
religious purposes. Your main focus is still the same, you know, helping women
40:51
choose life uh in a crisis pregnancy, but you're clarifying the religious
40:57
part. Now, the I that's the only form you have to file with the state. Um
41:02
there might be like in California there's a religious designation, so you might have to deal with that. You're not
41:08
in California, right, Jared? So, no, I'm Maryland and West Virginia.
41:14
Okay. So, we'd have to see if Maryland's Maryland is very similar to California.
41:22
So, we'd have to see if there's a religious um category that you could
41:27
file, but in most states, it's just adding your religious purposes. You know, it says we're a 501c3 created for
41:35
charitable, religious, educational purposes pursuant to IRS code section 501c3. That's a standard language, but
41:43
then we want to beef it up to to put in we're a Christ-based ministry or we
41:50
serve women all for the glory of God and things things like that. I knew when I said we should do fishing that we should
41:56
do a fishing uh training. Someone just asked if we do I'll put that on the list
42:03
because I think it's very important. So maybe our next um legal tips will be on
42:08
it and then you could use that webinar um to um train your staff on it. Um and
42:18
then your bylaws is an internal document. You don't file that with the state. Your job descriptions, your
42:24
statement of faith, all that is just internal. Uh your bylaws would need to be amended and be voted on by your
42:31
board, but other than that, you don't have to file it with the state. What will happen is when you do your tax
42:37
return for the next year on the IRS 9990 it asks did you update any foundational
42:44
documents for the organization. So you you would check yes and they don't even ask for a copy. They
42:51
might come back and ask for a copy but you don't have to provide a copy. Um you just have to notify them. They want to
42:57
make sure the original mission that you were formed hasn't changed. like you
43:03
know you didn't form as a pregnancy center and then become a homeless shelter you know or you know a
43:11
immigration clinic or something like that that your main mission is the same which will be
43:19
but good question and does um does Missy have um with
43:25
learning is created don't they have some training on that I'm sure Missy does fishing
43:30
I I think Yeah, I've taken her her training on that and so I can definitely vouch for that.
43:36
Yeah. Excellent. Yeah. All right. Who else has a a question?
43:45
All right. Well, this was a lot of good information. If anyone has a question, feel free to interrupt and we'll be glad
43:51
to address it. Thank you so much, Ann, for being on here. We'll be um posting a
43:56
Oh, was that someone? Was a question? Sorry, I couldn't quite hear. Okay,
44:02
we'll be posting a copy of this um video and be sending out a link. It'll also
44:07
we'll put up a copy of this on the uh the Prolife Team podcast and we'll address if we should remove any pieces
44:13
to make it um ideal for that kind of sharing and um
44:20
and yeah, thank you so much. This was really helpful. Thank you, Ann. Thank you for fighting for life and fighting
44:27
um on behalf of pregnancy clinics and just all of these amazing groups of heroes and you're like the the legal cog
44:34
in our engine of you know on the in this pro-life space and spear. Yeah. Well, I want to thank the
44:40
pregnancy centers because they're on the front lines and they're doing the hard work and I just praise you and pray for
44:47
you. protection over you, especially in those states that are difficult. And uh
44:53
just keep on keeping on because you're winning every day. God bless you.
44:59
Um Ann, would you would you close us out in prayer? I'd love to. Dear Lord, we just thank
45:06
you so much for the opportunities you give us to serve you. um whether it's you know from the legal
45:14
training best practices uh position to the website and marketing
45:22
position so necessary but especially for the pregnancy centers who are doing the
45:27
really hard work and seeing these women day in day out who
45:33
are contemplating abortion and we do everything we can loving on them showing
45:40
them all the resources and actually opening a window to the womb and they see their baby and sometimes they still
45:46
choose abortion, Lord. And sometimes we're the only one that ever witnessed this that child that you created in
45:53
their womb. So, it is a hard job. I pray that you protect the sinners not only
45:59
from the enemies that were constantly fighting, but from discouragement within because it can be really hard. I just
46:06
pray you uplift them daily knowing that they are warriors on your team and that
46:12
you're using them mightily and that their reward is in heaven. Their crowns are going to be heavy with jewels and
46:20
they're going to see those babies in heaven, too. So, we lift them up. We thank you for the opportunity you always
46:26
give us to serve. We thank you for the freedoms we still have in this country and for those that fight to protect them
46:33
in Jesus name. Amen. Amen. All right. Thank you everybody.
46:39
All right. Thank you. Annie leads me by quiet.
46:46
[Music] Yeah. Know I walk.