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Archive for the ‘Failure to Enforce KS Abortion Laws’ Category

Past Board director enabled Neuhaus

Past Board director, Larry Buening, enabled Neuhaus

The Kansas State Healing Arts Board voted unanimously Friday evening to appeal the March 7 district court ruling overturning its July 2012 license revocation of former abortionist Ann Kristin (Kris) Neuhaus.

After nine-months’ reflection, Judge Franklin R. Theis issued a very pro-abortion ruling, sending the issue back to the Board for “review,” opining that it was wrong to take away Neuhaus’ license.

Neuhaus does not have a current Kansas license to practice medicine, even in a restricted manner, but this ruling allows her to apply for one—though it is exceedingly doubtful the Board would approve it.

Neuhaus lost her license for repeatedly breaking the state rules on medical record-keeping and patient exams. Specifically, she had issued the required ‘validation’ for third-trimester abortions for 11 young teens in 2003 under the claim that the girls would otherwise suffer “irreparable and sustainable” mental harm. (read more here)

Those 11 cases originated in medical files that had been acquired by then-Kansas Attorney General, Phill Kline. Kline had obtained the records in an attempt (thwarted under then-Gov. Kathleen Sebelius and the state Supreme Court) to prosecute the late George Tiller for abusing the law on exceptions to the Kansas ban on post-viability abortions.

Judge Theis ruled, “there is not sufficient proof to support the board’s findings of ‘professional incompetency’…based on Neuhaus’ failure to maintain adequate records to support the diagnosis.” Instead, he

opined that the Board had, in essence, ‘over-punished’ Neuhaus for “being sloppy,” taking “short cuts,” and showing “inconsistent attention to proper protocols.”

Excuse me, Judge, but not being able to find evidence of the nature of the patient’s problems from Neuhaus’ own scanty notations and checkbox-formatted computer printouts IS the point!

The administrative court opinion (upholding the Board’s complaint) ruled there was no evidence “of any examination nor…of what transpired between the patient and licensee [Neuhaus].” Yet this was supposedly a ‘referral’ by a second, so-called independent, doctor that an abortion was the recommended solution to an irreversible mental health problem.

Obviously, the Board believes it more than ‘made its case’ and will not ‘rethink’ its sanction. In a quickly convened, 22-minute meeting conducted by phone Friday evening (with discussion by the members closed to the public), the Board chose to get Theis’ ruling voided through an appeal to the state court of appeals.

Frankly, the corrupt, past Healing Arts Board Executive Director, Larry Buening, is squarely to blame for Neuhaus, and enabling the illegal abortions of thousands of viable unborn children.

According to 2009 court testimony, Buening helped Wichita abortionist Tiller find a Kansas licensed doctor willing to ‘rubber stamp’ post-viability abortions as being authorized under a mental health exemption. Buening recommended Neuhaus, and helped steer the Board to allow her to keep her license after she had lost federal drug privileges and been found repeatedly unable to properly evaluate, examine, monitor and discharge patients.

But this well-documented pattern of Neuhaus’ inability to do the bare essentials of medical intake was downplayed by Theis. Other errors in this wrong-headed ruling will be further examined in an upcoming post.

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Failed Neuhaus

Kris Neuhaus

Late Friday, Shawnee County District Judge Franklin R. Theis quietly issued a ruling in favor of former abortionist Ann Kristen (Kris) Neuhaus, overturning the State Healing Arts Board’s July 2012 revocation of her license and wiping out her $93,000.00 debt of assessed court costs. (Note, Neuhaus has already achieved $63,000.00 to pay that debt, pledged here.)

Neuhaus’ license was revoked for negligence and failing to meet the standard of care in eleven cases in 2003, in which she had “approved” young teens  to obtain post-viability abortions from the late George Tiller in Wichita, on grounds that –without those abortions–they would suffer irreversible mental harm. (see more info herehere, and here)

The Board’s revocation case had gone to trial under administrative law judge Edward Gashler, who ruled that Neuhaus had demonstrably failed to keep accurate and complete medical records, as required by law.

Neuhaus’ inability to practice medicine was long documented in her disciplinary history, first with limitations in 1999 due to “failure to maintain complete and accurate records.” Soon after, the Board found in 2000 and 2001 that Neuhaus violated the standard of care due to “no focused physical examination,” failure in “ monitoring vital signs”, and “no anesthesia record”—actions the Board said “create a danger to the public.”

While Theis upheld Neuhaus’ record-keeping failure, he overturned Gashler’s assessment that Neuhaus had “seriously jeopardized” patients’ care with inadequate mental health exams. Theis sent the case back to the State Healing Arts Board for review.

As reported by the Associated Press, executive director, Kathleen Lippert Seltzer, said the Board will meet within the month to decide whether to rehear the case or instead, file an appeal of Theis’ decision.
(UPDATE Mar. 14: Board  unanimously agreed to appeal Thies’ ruling; see AP story)

AP also quoted Bob Eye, one of Neuhaus’ attorneys, as saying Theis’ ruling is “pretty consistent” with their arguments.  Gee, what a surprise—Theis is on their side?

ABORTION LAWYER SAVES JUDGE
Eye’s former law partner, Planned Parenthood counsel Pedro Irigonegaray, orchestrated (and helped fund) a successful last-minute rescue of Theis’ job in 2004. This was a response to an ad hoc group of Shawnee County citizens who were justifiably outraged at Theis’ leniency to child molesters in three cases and sought his defeat.  However, with the help of Irigonegaray and attorney donations for TV and radio ads, Theis eked out a narrow 51% victory. (read more here and here)

Pro-lifers are infuriated that this same Judge Theis has been “sitting on” another Kansas abortion lawsuit, brought against the Kansas 2011 abortion clinic regulation law. Theis has indefensibly allowed NO ACTION to proceed in this lawsuit brought by the Overland Park abortion duo of Herb Hodes and daughter Traci Nauser. The 2011 law—which is not in effect to Theis’ stubborn inaction for over two years—would:

  • create licensure standards for abortion businesses with requisite hospital privileges;
  • allow Health department inspections, including one annual unannounced visit;
  • mandate reporting of abortion-caused injuries;
  • insure chemical abortions are administered in person (not via “webcam”).

Kansans for Life has prioritized educating pro-lifers about the dire need for reforming the judicial nominating procedure in our state, to be more reflective of the Kansas public and less a tool of the abortion industry.  Judge Franklin Theis is a prime example of the need for such reform.

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Kansas pro-lifers can rejoice in Tuesday’s primary results because pro-life candidates, including incumbents, were victorious.

Kansans for Life’s endorsed candidates won handily: In the House, 74%  (31 of 42 races) and in the Senate, 77% (24 of 31 races).

These elections were characterized as a referendum on pro-life Gov. Sam Brownback’s conservative agenda, with the media repeatedly identifying economic conservative groups as major players.  But the GOP rout depended on the candidates’ pro-life credentials and is a reflection of Kansas pro-life persistence, hard work and prayer.

KFL executive director Mary Kay Culp explained: “This continued pattern of electing pro-life legislators is inspired by more than a decade of frustration with the failure to prosecute fraudulent late-term abortions, the Senate resistance to toughening abortion laws, the shameless shredding of evidence of criminal abortion by the Sebelius administration, and the failure of the Senate to throw out the worst state judicial process in the nation, as we watch newly-passed pro-life bills sit in court or head to our extremely liberal state Supreme Court.”

The Senate results were truly stunning: eight ‘moderate’ GOP Senators, including the Kansas Senate President, Steve Morris (with a huge war chest) all lost their primaries Tuesday to authentically pro-life challengers endorsed and promoted by the Kansans for Life political action committee. In addition to Morris, the exiting Senators are: Pete Brungardt (Salina), Bob Marshall (Fort Scott), Tim Owens (Overland Park), Roger Reitz (Manhattan), Jean Schodorf (Wichita), Ruth Teichman (Stafford) and Dwayne Umbarger (Thayer).

Senate President Morris came into his leadership position with a pro-life record, but then betrayed it by rigging Senate committees with pro-abortion majorities and working behind the scenes to hurt pro-life bills! But due to the pro-life routing of ‘moderates’, there is a real possibility that after the November elections, as many as 32 out of 40 Kansas Senate seats could be filled by trusted pro-lifers!

While seven of KFL-endorsed Senate candidates were defeated, in three of those contests, the successful challengers are also pro-life! In fact, the problem KFL faced this cycle was a never-before last minute reconfiguring of legislative districts in June by federal judges. This caused some districts to have two, or even three, proven pro-life incumbent legislators competing with each other.  This problem also stemmed from Morris and his ‘moderate’ GOP associates; they pushed unfair redistricting maps until the legislative session ran out of time and the feds had to do the job—giving us the distinction of being the only state in the nation to fail to fix their maps to reflect census changes (read more here).

By the end of Tuesday evening, only two pro-abortion-voting GOP ‘moderate’ Senators survived KFL candidate challenges: Jay Emler (Lindsborg) and Vicki Schmidt (Topeka).

The retention of Schmidt by only 159 votes is particularly disheartening, as her challenger was Joe Patton, a pro-life champion, three-term state representative, and one of the founders of Kansans for Life. State election reports last week showed Schmidt spent over $200,000 where Patton had spent approximately $60,000 in the same reporting period. The race was not only the most expensive in Kansas electoral history, nasty ads supporting Schmidt were acknowledged by the Topeka newspaper to contain “easily disproved” smears against Patton.

According to the Wichita Eagle, Sen. Carolyn McGinn acknowledged the loss of fellow GOP ‘moderates’ in the Senate: “Wow,” she said. “What kind of life is that going to be?”

Kansans for Life’s answer to that question is: “It will be wonderful!”

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Neuhaus' current KU photo as a "fellow" of public health

Has the Kansas medical license of Kris Neuhaus actually been revoked by the state Healing Arts Board? Not quite, despite certain media headlines.

An “initial order,” that her license be revoked was sent to the Board by Administrative Law Judge, Edward Gashler, who presided over her disciplinary hearing this winter.  The order was made public Tuesday. (Kansans for Life was notified, because we have filed formal complaints with considerable documentation against Neuhaus, accompanied by thousands of citizen signatures.)

And the order strongly indicts Neuhaus’ so-called counsel of young pregnant women seeking late-term abortions in Wichita in 2003. The order also described Neuhaus’ sole professional witness (a KU physician) as “not credible.”

But the order that her license be revoked is not operative quite yet, as it is yet to be reviewed and voted out by a majority of the Board as a “final order”.

Because such matters legally require 10 days notice, the Neuhaus matter will not be on the Board’s regularly scheduled bimonthly meeting this Friday.  It is probably headed for the Board’s April meeting agenda, although technically, the Board could ask to deal with it sooner.

(Neuhaus also is on the calendar for a separate Board-ordered hearing March 8, on whether (more…)

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Mary Kay Culp, KFL Executive Director

In a speech given on the Kansas State Capitol steps last January, I said KFL’s 2011 legislative objectives reflected the recommendations of the Pennsylvania grand jury that investigated “House of Horrors” abortionist Kermit Gosnell.

Gosnell’s employees have already pleaded guilty to charges of murder, including the killing of one pregnant mother, and the routine killing of born-alive late-term babies. If you have the stomach for it, read the entire report.

The Gosnell grand jury said that to prevent this from ever happening again, one thing that had to change was for state inspectors to be allowed to review abortion files onsite. They pointed out that this, and every one of their strongly-worded recommendations, had been agreed upon by every member of the jury, representing the gamut of opinion on abortion.

Now, the Hodes-Nauser Center for Women’s Health clinic, with abortion lawyers at the Center for Reproductive Rights, have sued our state’s newly revised abortion clinic regulations that have replaced the temporary ones they sued in July.

The abortion industry complained loudly about the first set of regulations that (more…)

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Former Gov. Sebelius & Six

What would you offer– if you were a powerful personto induce a lawyer to bail you out of trouble?  Maybe that you’d get him/her on the federal bench?  Kathleen Sebelius had that political need, and has the power to deliver such an ‘abortion payback’ under Pres. Obama…for Steve Six.

Both Kansas Senators must refuse confirmation of Steve Six as suitable to be a federal judge.

Six has not demonstrated any notable record of accomplishment during his Sebelius-appointments.  Rather he has shown himself to be partisan and pro-abortion.  He was willing to interrupt his comfortable law practice and this judicial nomination is his reward for jumping to help Sebelius and the abortion industry.

In December 2007, Gov. Sebelius needed to quickly replace her sex-scandalized Attorney General, Paul Morrison.  Two years earlier, (more…)

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A press conference was convened at the Topeka Statehouse, Thursday, on behalf of approximately 90 state reps and senators calling for the government to prosecute child rape cover-ups at Planned Parenthood instead of “persecuting” former AG Phill Kline.

Approximately 3 dozen lawmakers (seen in part, above left) surrounded Rep. Steve Brunk, (R-Bel Aire), their spokesman (seen above right), as he articulated these points:

  • The recent Kline ethics hearings have again shed a light on the failure of Kansas to meet the state’s obligation to promote justice, which includes protecting children from abuse.
  • It is past time to stop the personal attack on the former attorney general and begin investigating the horrendous actions of the abortion industry and specifically, Planned Parenthood.
  • During the 2001-2003 time frame, Kline discovered there were 249 recorded abortions performed on children 14 years of age or under, but only 2 child abuse reports made, one from Planned Parenthood and one from the now-closed clinic of George Tiller.
  • An unholy alliance (more…)

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