New Mexico: No state law violations in fetal tissue case | Charlotte Observer

No state laws were broken by the transfer of fetal tissue between an Albuquerque abortion clinic and researchers at the University of New Mexico, according to findings outlined Thursday by the New Mexico Attorney General's Office.

The state's top prosecutors detailed their findings in a letter to members of a special U.S. congressional committee created in 2015 to investigate Planned Parenthood and the world of fetal tissue research.

The committee, in a lengthy report issued nearly a year ago, accused the group of violating U.S. laws by altering abortion procedures to obtain fetal tissue, disclosing patients' private information to firms that procure the tissue and "a general disinterest in clinical integrity."

Planned Parenthood has repeatedly denied wrongdoing, and Democratic congressional representatives have said the GOP-led probe unearthed no wrongdoing and wasted taxpayers' money.

As part of its work, the panel also examined tissue procurement firms and research entities including the University of New Mexico. The report cited 15 instances in which the committee provided information to U.S. and state authorities for possibly violating federal and state laws.

The committee forwarded the allegations to Attorney General Hector Balderas' office in 2016, and similar allegations were raised by the anti-abortion organization New Mexico Alliance for Life.

Balderas, a Democrat, called for his attorneys to conduct civil and criminal reviews but neither found evidence to indicate state violations. The inquiries were limited to state laws because Balderas has no jurisdiction over federal law.

"We consider this matter closed," the attorney general's office said in its letter to the New Mexico group.

But it's possible the long-running controversy surrounding the use of fetus tissue in medical research is not over because U.S. Justice Department officials in December confirmed the FBI was considering criminal investigations.

U.S. Rep. Steve Pearce, R-New Mexico, renewed his request for an investigation in September. He cited the allegations uncovered by the congressional committee and raised questions that women electing to receive abortions at the Albuquerque clinic — Southwestern Women's Options — did not have enough information to consent to the procedure.

Southwestern Women's Options, one of the nation's few providers of late-term abortions, has in the past provided the UNM Health Sciences Center with tissue from aborted fetuses for medical research. The clinic and health center officials have repeatedly said the fetal tissue transfer is legal.

The clinic on Thursday was reviewing the attorney general's findings.

At issue in New Mexico were state statutes that cover anatomical donations and clinical research activities involving fetuses.

State prosecutors say the arrangement between the abortion clinic and the university may have resulted in benefits for each entity but that the donation of the fetal tissue did not amount to an illegal "purchase" or "sale" under the statute. They also found that the tissue was not used for transplantation or therapy, which would violate state law.

As for the state law that governs research related to fetuses, the attorney general's office said it was never intended to regulate fetal tissue resulting from an abortion given the definitions in the statute.