THE ESPERANSA PROJECT

Marjorie DeBenedictis, M.D.

PO Box 7279, Agat, GU 96928
July 15, 2010
John Weisenberger
Attorney General of Guam
Office of the Attorney General
287 West O'Brien Drive
Hagta, Guam 96910
Telephone: (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 29115:2 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 offices
opinion 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) 687-7263
margiecanby@yahoo.com

EXHIBIT A

THE ESPERANSA PROJECT

www.esperansa.org
PO Box 7279, Agat, GU 96928

April 6, 2010
Mr. PeterJohn D. Camacho, MPH
Hospital Administrator/CEO
Guam Memorial Hospital Authority
Aturidt Espett Mimurit Guhn
850 Gov. Carlos G. Camacho Road
Oka, 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