Transcript 0:00 [Music] 0:05 Every woman deserves to know all the information so she can make an informed choice about the abortion. 0:16 Well, thanks you guys all for coming. This is awesome. We're super excited to have Ann on this this month 0:24 and we are at 12 o'clock. So, we will um if you have questions, you can put them 0:30 in the drop them in the chat and we'll make sure that um Ann sees them and we 0:36 can answer them along the way. Um 0:42 and I'll kind of keep an eye on that for you. There we go. I can see you guys. 0:51 Well, welcome everybody. All right. So, well, welcome everybody to webinar Wednesday. This will also be 0:59 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 1:30 one that that that fight and um, and I we looked to NIFla for um, what not to 1:38 do, what to do to um, strengthen legal 1:43 decisions that have legal consequences. So, uh, Ann, I'm glad you're here. That 1:48 was my off-the cuff intro and so um thank you Jacob. Yeah, thank you for being here. 1:55 Well, and Nippa really appreciates I Rapture like when there's like a really technical issue about websites or 2:02 something. Jacob's our go-to person because kind of above our heads. So, we 2:08 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 2:26 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 2:38 be religious organizations and a little bit on HIPPA if that's okay. We'll save 2:44 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 2:56 about 30 years now and uh it has been such such a ride. Uh we have 1,800 3:05 pregnancy centers that are members of NIFla and um NIFla was formed to help 3:11 pregnancy centers uh withstand the attacks because we were getting attacked back then and we're still getting 3:18 attacked like crazy now and and uh we provide best practices in 3:26 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 3:52 New York where, um, the attorney general has gone after pregnancy centers. And I 3:58 see some dark people um here for advertising abortion pill reversal 4:04 saying that it's false and misleading advertisement. So the attorney generals have to have 4:10 gone after them in state court. So NIFla represented by ADF filed federal actions 4:16 saying hey you're violating our constitutional rights by prohibiting us from speaking about this. And we won in 4:24 New York and we lost in California. Um the New York one was appealed and 4:30 that was uh the appeal was argued in June and we're waiting for the decision on that. But right now there's an 4:36 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 4:49 uh arguments October 9th. if you could remember to pray 9:30 Pacific time in 4:55 the morning for us and for our ADF attorneys. Um we we just we really feel 5:01 like we have a good case, but it's hard in California and the Ninth Circuit is a 5:07 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 5:14 other big one um that NIF was not a party in is the first choice case out of 5:20 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 5:33 not based on any complaints against the center asking for tons of information 5:39 about their advertisement, years of websites and mailers and things like 5:44 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 5:57 contact information because we want to contact them and see if they were misled 6:03 into believing that you were a reproductive health organization and that's why they donated to you." And so 6:11 what they decided was that that crosses the line. We have nothing to hide, 6:17 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 6:41 than 200 times since then to protect the first amendment and we see it as a basis 6:47 for the first choice case as well. So, we're hoping for victory again, but it's 6:53 so cool uh to be back before the Supreme Court. And thank God for the courts 6:58 where we can find justice even if there's political action against us. 7:04 So, if you'd like to know more about our cases, you can reach out to us. Um we 7:10 have one in Delaware, Illinois. Many of you are from these states. We have one in Minnesota, which we just lost, but 7:16 we're appealing it. Uh we had a case in Vermont which we had to uh what happened is they 7:24 passed the law saying pregnancy centers are misleading and fraudulent in their advertising and if they do we can go 7:32 after them and there could be a private cause of action meaning anybody all the proboards could come and sue the center 7:38 and we fought that ADF represented us we fought that on behalf of our eight pregnancy centers up in Vermont saying 7:46 what you don't have any proof proof that we're misleading or fraudulent. You you're actually the attorney general 7:52 actually said, "Oh, no. It's not these eight centers. They're all doing things well. It's if bad centers come to our 7:58 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 8:22 amended that law so didn't target pregnancy centers anymore so kind of gutted our case 8:28 they still could go after pregnancy centers and we're watching that um but that's the kind of thing we're dealing 8:34 with in Delaware Delaware passed a law very similar and um the state agreed not 8:40 to enforce the law while the litigation is pending so 8:45 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 9:00 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 9:14 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 9:28 look at your websites and really make sure from an objective point of view, 9:34 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 9:46 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 12:33 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 12:49 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, 13:17 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 13:24 like, you know, if you were having knee surgery, uh you would talk to the doctor 13:30 and do a whole consent, you'd have a whole pre-surgery consultation before 13:36 you had the surgery. So doctors see that as a continuum that the pre-abortion 13:43 consultation leads to the abortion. Of course, we had it there because every 13:49 woman deserves to know all the information so she can make an informed choice about the abortion. So Nifa wrote 13:56 a legal tips on this. If you're going to advertise anything like that, pre-abortion consultation, pre-abortion 14:02 assessment, make sure in the context of that piece of advertisement, it says 14:08 what it includes and what it doesn't include. Pregnancy test, ultrasound to confirm an inner and uterine pregnancy, 14:16 um, you know, a nurse consultation, um, does not include an abortion or referral 14:23 abortion. it has to say in the context because if it's way down at the bottom of your web page, someone could argue 14:30 that's a little misleading, right? Um, then the other thing I've been seeing on 14:37 websites that's that makes that's a concern is uh come to us so we rule out 14:44 an ectopic. We really don't like to see that language because it is near 14:50 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 15:03 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 15:11 language like an ultrasound is a helpful tool to determine that the pregnancy is intrauterine or in the uterus. If not, 15:20 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 15:34 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 15:46 could be she's just earlier than she thought. But we haven't confirmed where the pregnancy is. And so we suspect an 15:54 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 16:07 what they to rule out an ectopic, they're going to do multiple ultrasounds. They're going to do serial 16:13 hCG testing, which maybe some centers will grow to do, but it is it is very 16:20 risky because we're seeing women early on in their pregnancy and ectopics are 16:25 on the rise for some reason. Uh we're seeing more and more ectopics. Audrey Stout who is an RDMS with Sound View 16:33 imaging and has been doing it 25 years. She says in the last two years she's 16:38 seen more ectopics than all 20 years before. So ectopics are on the rise and 16:45 because we're seeing women early on uh it is a risk. So do not advertise we can 16:51 rule out an ectopic. something like 35% of patients have uh an ectopic and and 16:58 it's never seen. It's like really hard to see on a um on a video 17:07 um on the ultrasound machine. So you can say things like what your ultrasound is 17:14 meant to do. There's some really good language I've seen on some centers. Um, 17:19 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 17:32 not, then you will be referred for appropriate care for an ectopic or miscarriage, right? To look for an 17:38 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, 17:53 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 18:09 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 18:51 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 19:41 should have a little language that says she gives you permission to text her even though it might not be 100% secure. 19:48 It's called safe harbor language. Uh where you give her a warning about it um 19:54 that it might not be 100% secure. Everything's confidential in your side, but you can't control her side, right? 20:01 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 20:48 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 20:59 your websites because they have a whole chart of the names of the centers and if 21:05 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 21:33 patient information private along the guidelines of HIPPA, right? So, NIFA has 21:38 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 21:52 course, um, many of you know Missy from Learning is Created. She has HIPPA training. She has patient privacy 21:58 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 22:35 hip pa. Um, but now we don't want to 22:40 hold ourselves out at all to the public as HIPPA covered entities. Um, because 22:47 that could be misleading to the consumer, right? So, we don't want to 22:52 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 23:06 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 23:20 saying they can make a complaint to HHS when they're not under the jurisdiction 23:26 and a few of the attorney generals responded by contacting our centers. All 23:31 of those things have been worked out. We have since changed the privacy notice 23:38 um so that it applies completely to us. We're not just using uh HHS's template. 23:45 So, please, if you check on your website, if you're using the old one and 23:50 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 23:56 service to your patients to tell them how you protect their information, how you use their information. 24:03 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.