THE ESPERANSA PROJECTMarjorie DeBenedictis, M.D.

PO Box 7279, Agat, GU 96928

July 15, 2010

John WeisenbergerAttorney General of GuamOffice of the Attorney General287 West O'Brien DriveHagåtña, Guam 96910Telephone: (671) 475-3324

RE: REQUEST FOR ACTION BY THE OFFICE OF THE ATTORNEY GENERAL IN

RESPONSE TO VIOLATIONS OF 10 G.C.A. ' 3218, ET SEQ.

Dear Attorney General Weisenberger:

On April 6, 2010 the Esperansa Project sent a formal request to the Guam Memorial Hospital Authority (“GMHA”) pursuant to the Sunshine Reform Act of 1999 (5 G.C.A. ' 10101 et seq.) wherein it sought copies of the following records within the custodial control of GMHA.

All “abortion reports” submitted to the Guam Memorial Hospital Medical Records Section pursuant to 10 G.C.A. ' 3218(a) & (c) in a form as permitted under 10 G.C.A. ' 3218(g);

All “complication report[s]” aka “post-abortion care reports” submitted to the Guam Memorial Hospital Medical Records Section pursuant to 10 G.C.A. ' 3218(b) & (c) in a form as permitted under 10 G.C.A. ' 3218(g).

All “partial-birth abortion reports” submitted to the Guam Memorial Hospital Medical Records Section pursuant to 10 G.C.A. ' 3218(j) (to the extent that such reports are apart from and thus not included in the above requests) in a form as permitted under 10 G.C.A. ' 3218(o).

In response to this request, GMHA sent a letter to the Esperansa Project and enclosed certain abortion reports dating from 2000 to 2010 (the “Abortion Reports”). The letter and abortion reports are attached hereto as Exhibit A. Our review of the Abortion Reports indicates as follows.

First, the Abortion Reports supplied by GMHA do not include reports for 2001. We presume that abortions were performed on Guam in 2001 and that at least some fraction of those abortions was reported to GMHA. Accordingly, it appears that GMHA has either failed to respond completely to our Sunshine Act request, or more likely, has failed to carry out its duty as

documentary custodian pursuant to 10 GCA § 3218, et seq. We do not know whether this breach of duty by GHMA constitutes a violation of any law or who the appropriate party would be in an action against GMHA arising out of such breach. Accordingly, we are requesting your guidance as to whether GMHA has violated any law and whether the Esperansa Project (or someone similarly situated) would have standing to bring suit or, in the alternative, whether your office has a duty to prosecute.

Secondly, the Abortion Reports indicate a high level of underreporting in violation of 10 GCA § 3218 from 2000 to 2007. Since at least 2000, 10 GCA § 3218(c) has required abortion providers to report to GMHA within 30 days of the provision of an abortion certain statistical data related to the abortion. The Abortion Reports indicate a major uptick for abortions reported in 2008 and thereafter. (In 2006, 20 abortions were report; in 2007, 61 abortions were reported; in 2008, 321 abortions were reported). In 2008, the Guam legislature passed Public Law 29-115:2 which established a penalty for failure by abortion providers to properly report pursuant to 10 GCA § 3218(c). See 10 GCA § 3218(k) (“Failure to report under this Section will subject physicians to a fine of no less than Ten Thousand Dollars ($10,000), but no more than One Hundred Thousand Dollars ($100,000) per offense.”)

Of course, it is highly unlikely that the number of abortions performed on Guam increased by more than 500% from 2007 to 2008. Instead, it is more likely that the number of abortions performed in 2007 and 2008 varied little from each other and that merely the incidence of reporting by abortion providers increased in 2008. Accordingly, we wish to know whether the abortion providers who failed to report statistical data related to the abortions that they performed prior to the enactment of Public Law 29-115:2 are subject to any criminal or civil liability. If so, we wish to know what steps your office plans to take with respect to filing an action against, or otherwise disciplining, abortion providers who violated 10 GCA § 3218, et seq. prior to the enactment of Public Law 29-115:2.

In this same vein, we also note that the Abortion Reports indicate 541 incidences prior to the enactment of Public Law 29-115:2 in which abortion providers failed to properly report to GMHA within 30 days of the provision of an abortion as is required pursuant 10 GCA § 3218(c). Accordingly, we wish to know whether the abortion providers who failed to timely report statistical data related to the abortions that they performed prior to the enactment of Public Law 29-115:2 are subject to any criminal or civil liability. If so, we wish to know what steps your office plans to take with respect to filing an action against, or otherwise disciplining, these abortion providers.

Finally, we note that the Abortion Report for 2009 indicates 106 incidences in which abortion providers failed to properly report to GMHA within 30 days of the provision of an abortion as is required pursuant 10 GCA § 3218(c). Accordingly, we wish to know your office’sopinion as to whether these abortion providers who failed in 2009 to timely report as required

under 10 GCA § 3218(c) are subject to the penalties set forth in 10 GCA § 3218(k). If so, we wish to know what steps your office plans to take in order to prosecute these abortion providers.

If you have any questions, please do not hesitate to contact me at your convenience. Thank you for your assistance.

Very sincerely,

Marjorie DeBenedictis, M.D.THE ESPERANSA PROJECT(671) 687-7263margiecanby@yahoo.com

EXHIBIT A

THE ESPERANSA PROJECTwww.esperansa.org

PO Box 7279, Agat, GU 96928

April 6, 2010

Mr. PeterJohn D. Camacho, MPHHospital Administrator/CEOGuam Memorial Hospital AuthorityAturidåt Espetåt Mimuriåt Guåhån850 Gov. Carlos G. Camacho RoadOka, Tamuning, Guam 96913-3128

RE: REQUEST FOR INFORMATION UNDER THE SUNSHINE REFORM ACT OF 1999

Dear Mr. Camacho:

Pursuant to Sunshine Reform Act of 1999 (5 G.C.A. ' 10101 et seq.), this is a formal request for the right to inspect and receive a certified copy of the following records that are within the custodial control of your agency. The Sunshine Act requires that you comply with this request within four working days of your receipt of this request.

THE FOLLOWING DOCUMENTS ARE RESPECTFULLY REQUESTED:

All “abortion reports” submitted to the Guam Memorial Hospital Medical Records Section pursuant to 10 G.C.A. ' 3218(a) & (c) in a form as permitted under 10 G.C.A. ' 3218(g);

All “complication report[s]” aka “post-abortion care reports” submitted to the Guam Memorial Hospital Medical Records Section pursuant to 10 G.C.A. ' 3218(b) & (c) in a form as permitted under 10 G.C.A. ' 3218(g).

All “partial-birth abortion reports” submitted to the Guam Memorial Hospital Medical Records Section pursuant to 10 G.C.A. ' 3218(j) (to the extent that such reports are apart from and thus not included in the above requests) in a form as permitted under 10 G.C.A. ' 3218(o).

If you have any questions, please do not hesitate to contact me at your convenience. Thank you for your assistance.

Very sincerely,

Dr. Marjorie DeBenedictis, M.D.The Esperansa Project