OPINION by Glen Davis
EJ Montini of the Arizona Republic apparently has a problem with Arizona HB 2284. This bill would allow the Director of the Department of Health Services to inspect, or send a duly designated agent, to inspect abortion clinics if there is “reasonable cause” to believe they are violating the law or rules concerning abortion.
His argument is that they have this authority already if they obtain a warrant.
Mr. Montini does not seem to have a problem with warrantless searches of restaurants by county health departments. Especially to make sure they are adhering to an unconstitutional law against allowing smoking in their business.
I do not know if he has a problem with Obamacare guidelines which allow warrantless inspections of homes of “at risk” families. These include Veterans who have honorably served our country, homes with pregnant women under the age of 21, homes of student that have children with low student achievement, homes of tobacco users, families with substance abuse problems, and so-forth.
I do not know how you determine a student of low achievement since common core curriculum does not require you to get the right answer, but whatever…
This provision is not unusual. ARS 36-463.02 allows inspections of clinical laboratories. Although 36-495.07 does limit inspections of environmental laboratories to an annual occurrence, no warrant is required. ARS 36-855 allows the warrantless inspection of child care facilities by local or State health departments. We have mine inspectors and even a guy to run around and check railroad crossing signals. We can send police to find out why kids are not in school without a warrant.
The point is that any organization licensed to do business affecting the health and safety of the public, in some fashion, agreeing to warrantless inspections on the city, county or State level. It is rather difficult to understand why abortion clinics should be exempt.
SEE ALSO: Center for Arizona Policy
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