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BREAKING: AOT Files OSHA Complaint Against Franz Theard After Clinic Staff Dies Of Covid-19

Updated: May 15, 2021

On Monday, December 7th, 2020, Abortion On Trial Executive Director, Jamie Jeffries, filed an OSHA complaint against abortion provider Franz Theard, and his facility, Women's Reproductive Clinic of Sunland Park, after confirming that the facility's nurse manager had died after contracting Covid-19. In Addition to the death of his manager, Gloria Martinez, Dr. Theard himself was recently in the ICU being treated for Covid-19.

The OSHA complaint points out that despite New Mexico's current protocols and legal requirements for employers to report a Covid-19 case within 4 hours, Franz Theard failed to do so. In fact, public records and inspection requests show there was no report of the outbreak at the Women's Reproductive Clinic of Sunland Park to DOH or OSHA. The complaint letter states, "Women's Reproductive Center of Sunland Park is engaging in dangerous practices which have left one employee dead and another one in the ICU due to the contraction of Covid-19. The clinic has failed to report this as required by law."

The letter also says that "due to the extreme infection at Women's Reproductive Clinic of Sunland Park, the Department of Health should immediately implement protective measures for abortion clinics." Such measures include limiting abortion to state residents, quarantining medical staff who travel from out of state, and requiring women to undergo Covid-19 testing prior to their abortion. Implementing these protective measures, abortion facilities in the state will see a dramatic decrease in patient caseload and ultimately a decrease of possible Covid-19 carriers and cases.

After a short closure during Franz Theard's hospitalization, Women's Reproductive Clinic is once again seeing patients despite its extreme outbreak of Covid-19. Numerous women have been seen recently entering the facility for abortion services without masks, without social distancing, and without there having been any inspection or investigation by the Department of Health or OSHA. There is no proactive protection being shown for women going to Women's Reproductive Clinic of Sunland Park.

In addition to demanding steps be taken to protect women currently seeking Dr. Theard's services, the women previously seen by Dr. Theard should be notified that the Covid-19 virus was present during their procedure. As the complaint letter OSHA points out, the use of the vacuum aspirator machines in abortion procedures "may lead to aerosolization of droplets which contain the Covid-19 virus." Women's Reproductive Clinic could be the source of a super spreader event.

Governor Michelle Lujan Grisham has been extremely harsh on businesses during the Covid-19 pandemic but is very lax on abortion providers.

Ethel Maharg of New Mexico Right to Life commented on the issue, saying, "No quarantine restrictions are adhered to, yet no police are being dispatched there to make certain they are not violating the health order. No citations are issued, and no one is going to jail. This is clearly hypocrisy as women are allowed to choose abortion, yet we are not allowed to live our lives as free citizens. Where is the right to choose here?"

The complaint made to OSHA demands investigative action be taken against Franz Theard and Women's Reproductive Clinic of Sunland Park for their failure to adhere to New Mexico Covid reporting protocol. It further demands that the "maximum penalties be imposed by the state for failing to notify the New Mexico Environment Department of this public health crisis they have created at the Women's Reproductive Clinic of Sunland Park."

Jamie Jeffries of Abortion On Trial, who filed the complaint, says, "The way this doctor dropped the ball on handling a Covid-19 outbreak in his clinic is simply unacceptable. When healthcare providers are the source of a public health crisis, the state needs to step in and do something to protect their citizens."

Abortion On Trial asks all of its followers to call and write the New Mexico Environmental Department and demand action be taken regarding this urgent complaint made to OSHA for the benefit of public safety and Covid-19 consistency.

You can contact them by phone at (505)476-8700

and by email at

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