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Archive for the ‘Post-viability Abortions’ Category

Hon. Thomas Malone

Hon. Thomas Malone

A rotten district court ruling is too hot to handle and the proper court of review doesn’t want to deal with it. Guess why? The revoked medical licensee is an abortionist.

In a technical legal dodge on Friday, the Kansas Court of Appeals ruled that that it is too early for them to review an appeal by the Kansas State Board of Healing Arts in the matter of abortionist Kris Neuhaus.

The Board revoked her license in July 2012, after a six day hearing under State Administrative Law Judge Edward Gashler in which he found that, “the care and treatment of 11 patients [obtaining late-term abortions in 2003] was seriously jeopardized” by Neuhaus. (More posts here, here, here and here)

But that finding was blocked March 7, 2014 by Shawnee District Court Judge Franklin Theis, opining that the Board ‘over-punished’ Neuhaus for “being sloppy,” taking “short cuts,” and showing “inconsistent attention to proper protocols.”

Days later, the Board appealed. Kansas Court of Appeals chief Judge Thomas Malone issued a 2-page order Friday, claiming Theis’ order did not constitute a “final ruling” that they can review and that the Board had not yet reconsidered sanctions –as ordered by the district court.

The Court of Appeals wants the Board to go away and follow Theis’ order—but that order is exactly what the Board wants the higher court to reverse!

The Board is left with 3 legal options:

  1. ask for reconsideration by the same Court of Appeals that doesn’t want to do so,
  2. ask the state Supreme Court for review of the Court of Appeals position,
  3. go back in session to issue a revised sanction of Neuhaus.

Neuhaus’ lawyers found arguably the best activist judge in the state to take review –Shawnee District Court Judge Franklin Theis. Theis’ sympathies were revealed early on, when the state asked for a bond to recoup further court costs from Neuhaus and Theis said the appeal would proceed without any hope of repayment. He later ruled on the abortionist’s behalf, “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.”

NEUHAUS’ LONG-TIME INCOMPETENCE
The inability to do proper patient intake was the subject of disciplinary action against Neuhaus from 1999-2001, when the Board labeled her,“a danger to the public.” Unfortunately, the Board allowed her to keep her license, and she used it to rubber-stamp “mental health” exemption referrals –onsite –for George Tiller, enabling him to proceed with post-viability abortions.

Concerning those notorious referrals, Judge Gashler’s decision upholding the revocation included this:
“There is no indication that the Licensee [Neuhaus] on any occasion actually conversed with a patient concerning the items necessary for a competent mental health examination to be completed… In some cases, the patients were, according to the Licensee’s diagnosis, suicidal. Yet, in not one single case did the Licensee make any recommendations that the patient be seen by a psychiatrist, a psychologist, or any other type of mental health worker. The Licensee simply referred each patient for a pregnancy termination.”

The Kansas Board of Healing Arts needs to keep its new-found resolve to discipline dangerous abortionists, and challenge this new Court of Appeals ruling.

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Cheryl Chastine

Cheryl Chastine

Last Friday was the fifth anniversary of the slaying of George Tiller, notorious for performing late abortions up through the ninth month of pregnancy. There were a number of stories lauding Tiller.

We learn from the Wichita Eagle that a joint media conference call from Julie Burkhart, Tiller’s former Political Action Committee (PAC) director, generated the “Tiller legacy” tribute stories at NPR, MSNBC, Wichita Eagle, Salon, and other pro-abortion outlets.

These reports served several purposes: to portray Tiller as a hero, vilify pro-life legislation, and to promote the fledgling South Wind Women’s Center (SWWC) abortion clinic. SWWC is run by Burkhart, using an Illinois fly-in abortionist, Cheryl Chastine.

SWWC is located in the same Wichita, Kansas, building Tiller occupied for decades. Reporters were informed SWWC hopes to expand to Oklahoma City and possibly beyond.

The engine for the “Tiller legacy” media campaign is Burkhart, who ran Tiller’s ProKanDo PAC from 2002 until 2009. The PAC spent over $2.4 million dollars to elect pro-abortion candidates, including former Gov. Kathleen Sebelius (see details here).

After the Kansas State Healing Arts Board initiated legal actions to revoke Tiller’s medical license for violating the Kansas post-viability abortion ban, Burkhart left for St. Louis to head Missouri ProVote, a pro-Obama / pro-abortion political activist coalition.

Within a year of Tiller’s death, Burkhart had created a new group -–the Trust Women PAC– with the mission of stopping pro-life legislation and increasing abortion businesses in the “underserved” Midwest and South.

When the Tiller clinic was still in business in 2009, the Kansas legislature passed additional “Woman’s Right to Know”(WRTK) provisions aimed, in part, at the many women who were being led into late abortions to “resolve” their medically-challenging pregnancy.

The improved WRTK provisions included:

  • where to get free medical help, including perinatal hospice, for grave or lethal fetal conditions, and
  • a mandate that the clinic accommodate women who want to hear the fetal heart tones or see a current sonogram before obtaining an abortion.

This WRTK law requires the state health department to prepare medically-accurate pregnancy and fetal development materials in booklet form and available online, and to maintain a 24 hour phone hotline. Of course, according to Burkhart, this is just another “measure designed to shame and guilt” women, and burden clinics.

WHAT ABORTIONIST CHASTINE TOLD MEDIA
Based on several of her statements recorded in Friday’s Salon article, the 32-year old Chastine seems especially uninformed about Kansas’ WRTK abortion law. She said,
“It feels like there’s a third party in the exam room that doesn’t belong there, and I’m very clear with patients when I tell them that. I tell them, ‘The state wants me to tell you this. They also you to do this.’ I don’t try to hide the intrusion. I make sure that they know so that they can understand how their care is being influenced by unnecessary legislation.”

Chastine is quite emphatic about giving SWWC clients a rebuttal to information that she wrongly believes Kansas law requires her to “tell” abortion clients. But Kansas does not require the abortionist to say anything.

WRTK information was in fact designed as an out-of-clinic resource to both counter misconceptions relayed by abortion personnel as well as remedy a lack of relevant information preventing a woman from a freely formed abortion decision. WRTK laws offer a counterpoint to a rushed, forced, and irrevocable abortion, which is why abortion clinics hate them so.

Salon interviewer Katie McDonough further prods Chastine with this:
“Kansas is passing legislation designed to shame patients and place barriers to access in their way. I’m thinking of the 24 hour waiting period here, which is both intended to be a logistical barrier but also an insult to a patient’s intelligence….You probably see people who have come a long way, who have saved up, who taken off work — and you then have to tell them, “I can’t do this for you today. You have to wait 24 hours…”

To which Chastine responds,
“That’s extremely frustrating… I tell the patients…I trust you as a moral decision-maker, and I’m sorry that the state doesn’t do the same.”

The reality is that Kansas’ 24 hour period of reflection is nothing new. It was passed seventeen years ago. Moreover,  it does not require two onsite clinic visits and, in all likelihood, women don’t make two trips to a Kansas abortionist.

They can call the abortion business, tell them their estimated age of pregnancy, get told via phone or clinic website where to access the state materials, and make one appointment. The fact that pregnant women can stay out of the clinic and contemplate medically accurate materials is to their benefit and to the detriment of the abortion clinic’s bottomline.

A legal Kansas abortion does require the woman to sign a paper that she accessed WRTK info 24 hours before undergoing the abortion. Hopefully, each woman does attentively review the WRTK info (including ultrasound images)—especially those who are young, conflicted about abortion, or being coerced. Past testimony to Kansas legislative committees, as well as letters to the U.S. Supreme Court, have expressed the negative effects upon women who did not recognize the humanity of the unborn until years after experiencing an abortion.

Chastine maintains abortion is a “decision” morally equivalent to delivering a child.
“The people who are having abortions and people who give birth are not different people; they are the same people. And they make both of those decisions with their full moral decision-making capacity and for the same reasons.”

That kind of messaging may impress the SWWC staffers who (we are told) have graduated college with gender or women’s studies degrees. Those viewing everything through a lens of “patriarchal repression” may also agree with Chastine’s opinion that,
“I am very, very terrified of the rollback in access to reproductive healthcare… because the people who suffer from this are the most vulnerable in our society and the most voiceless.”

The rest of us think that the most vulnerable and voiceless are the unborn.

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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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Kris Neuhaus

The Kansas state Board of Healing Arts will likely never be repaid the $93,000.00 it already spent revoking the medical license of abortionist Kris Neuhaus. And it’s hard to believe the ongoing expenses of the district court and the Board involved in her appeal will ever be reimbursed either.

The protracted medical license revocation action against Neuhaus was based on ‘psych referrals’ she made for 11 teens receiving late-term Wichita abortions in 2003. The Board spent $75,000.00 for expert testimony and review of Neuhaus’ records for those cases, finding that she failed in multiple ways to meet medical standards.

District Judge Franklin Theis is presiding over Neuhaus’ appeal of that revocation, which is in the initial stages. The Board issued its final revocation order July 5, 2012, allowing a delay in repayment, but then asked the court to enforce the Board’s right to require a bond. This was the only time in Theis’ memory, he said, that the Board had asked for a bond in this kind of proceeding.

Abortion attorneys argue Neuhaus is impoverished and would not be able to pay the $93,000.00 “in the foreseeable future.”

They said she could only afford a bond of $100, which Judge Theis said “would be a joke.”

Theis then ruled that Neuhaus merely “sign a statement saying she’ll pay any judgment imposed by the courts.”

Neuhaus was uncovered in 2006 as the sole source of second opinions for abortions performed after viability by George Tiller. Under the law, totally “independent” referrals would give proof that the abortion was needed to prevent irreversible and substantial bodily damage- or death– to the mother. Although Tiller escaped a misdemeanor conviction in March 2009 for repeatedly using Neuhaus’ services, the Healing Board proceeded with license revocation filings for Tiller until his murder in May 2009.

Although the Board has regrettably taken no disciplinary actions against other physician associates of Tiller who also used Neuhaus’ referrals, they did proceed with revocation against Neuhaus –a licensee they twice officially called “a danger to the public” and first began to discipline fifteen years ago. (see Neuhaus Board history here)

Neuhaus has no viable medical practice and for the last few years held a strictly limited license until it was revoked. According to sworn testimony, she has worked at a variety of part time positions including a blood bank, laser hair removal salon and an indigent clinic. Yet, under a “due process” claim, she will continue to eat up Court and Board expenses during an appeal process for which she has virtually no chance of winning.

The awful irony is that the court is bending over backward to give Neuhaus the due process that thousands of children and their mothers were denied in Kansas clinics.

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A final ruling on the long-sought revocation of Kansas abortionist Ann Kristen (Kris) Neuhaus has been delayed until the next meeting of the state Board of Healing Arts in mid-June.

The Associated Press reported Friday that Board President Gary Counselman said Board members were “very uncomfortable proceeding at this point,” because members didn’t receive copies of 70 pages of previously submitted legal arguments from Neuhaus’ attorneys until Thursday afternoon. They wanted more time to review them.

The petition to revoke, filed in April of 2010, “accuses Neuhaus of negligence in conducting mental health exams for 11 patients, ages 10 to 18, who terminated pregnancies from July to November 2003,” according to the Associated Press’s John Hanna.

“Neuhaus diagnosed the patients with acute anxiety, acute stress or single episodes of major depression, concluding their conditions met requirements in Kansas law for late-term abortions.” However, state law required independent referrals to verify that such abortions were obtained only to prevent the death of, or irreversible and substantial injury to, the mother.

All the 11 young women were in their sixth or seventh month of pregnancy when they met with Neuhaus at the Tiller facility.  Neuhaus was never trained as a psychiatric consultant, and ended up utilizing an online ‘answer tree.’

Evidence from the patient files repeatedly indicated such diagnoses were logged in and completed within 2 to 3 minutes.

Thus the teens were (more…)

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Abortion reports gone under Gov. Sebelius in 2005

Another layer to the depth of the Sebelius abortion corruption has been revealed with today’s AP report (here, updated here) that in 2005 the Kansas health department (KDHE) destroyed the state late-term abortion reports at the heart of the felony charges against Planned Parenthood.

The pre-trial hearing for felony “false-writing” charges had been scheduled for Monday Oct. 24, 25 and 26 in the Johnson County.   Since the original “official” Kansans Department of  Health and Environment (KDHE) abortion reports have now been discovered as destroyed, the Johnson County District attorney’s office is asking for a delay so they can engage other witnesses to verify the authenticity of copies of the state reports.

The state reports are verifications that abortionists send to KDHE for statistical purposes, and are annually tabulated and published. Copies of those reports are required to be kept in the patient medical files. Of crucial importance is that these reports fail to provide valid medical reasons why banned post-viability abortions were performed. They are evidence of illegal abortion.

Planned Parenthood tells the AP that they “recently” became aware of the destruction and that it was not done at their request. What is not yet known is

  1. when exactly Planned Parenthood knew;
  2. whether paper copies or electronic files—or both—were destroyed;
  3. who actually did the deed and under what orders;
  4. whether other reports from George Tiller were destroyed;
  5. whether similar reports in other years have been destroyed.

KFL Executive Director, Mary Kay Culp, commented, “Only guilty people destroy evidence!  Not even we anticipated Sebelius and her administration could stoop this low (more…)

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A bombshell opened the third day of testimony in a week-long administrative hearing challenging the medical fitness of a former associate of George Tiller, Ann Kristin (Kris) Neuhaus.

Neuhaus’s file of “Patient #10” showed the “mental health exemption” diagnosis– legally required before obtaining a post-viability abortion– was time-stamped one week after the date of the abortion!

Psychiatric expert, Dr. Liza Gold, has been testifying this week in Topeka about eleven patient files from Neuhaus that the state Healing Arts Board believes illustrates medical negligence and failure to follow the standard of care.

For years, Kansas pro-lifers worked to end the “referral” scam for late-term abortions in Wichita, in which a

failed abortionist (Neuhaus) was issuing “psych” referrals of “substantial and irreversible harm to the mother” to justify post-viability abortions.

Dr. Gold explained that there are essential components that should be documented in the record of any psychiatric evaluation. The medical standard of care requires at least some of them be in found in the medical record …but “Neuhaus doesn’t have any of them.”

The scant documentation in Neuhaus’ (more…)

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Kris Neuhaus' psych referrals bashed

Nine of eleven case files for Kansas post-viability abortions were examined today by psychiatric expert, Dr. Liza Gold.  All girls were minors, aborted at the Wichita facility of George Tiller in 2003, and most were non-residents.

These late-term abortion referral files of Ann Kristin (Kris) Neuhaus showed a stunning lack of mental health evaluations, clinical evidence and valid patient analyses.

Kansas State Healing Arts Board attorney, Reese Hays, meticulously reviewed with Dr. Gold the contents of these files (redacted of names) on this second day of a long-overdue administrative hearing. 

Kansas law permits post-viable abortions only to prevent death or “substantial and irreversible” harm to “a major bodily function” of the mother– which (until a new pro-life law went into effect this July) had included mental health.

The Board is not arguing that the diagnoses Neuhaus assigned were not substantial and irreversible— because they aren’t.  Rather, they are arguing that her process grossly strayed from professional protocols about the accepted elements of consultation and the components to be found in the patient record.  Gold explained that it was “below the standard of care” for Neuhaus to have used a computer generated answer tree to generically assess the pregnant girls.

  • In case files #7 and #11, teens were assigned a mental disorder ranking equivalent to the medical emergency grounds for involuntary commitment! Yet these (more…)

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Rep. Lance Kinzer, center, details HB 2035 at a press conference with Senate and House colleagues. Photo by Kansasreporter.org

In an extraordinary show of unity, a majority of representatives in the Kansas House have co-signed HB 2035– the Abortion Reporting Accuracy and Parental Rights Act.

The bulk of the bill is composed of late-term abortion regulations that repeatedly passed the legislature only to be vetoed by extreme abortion-supporting governors, Kathleen Sebelius and Mark Parkinson.

Ironically, at the same time as the press conference about the bill, news broke of Pennsylvania’s prosecution of a ‘House of Horrors’ late-term abortion business. (more…)

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Nebraska’s ban on abortions after 20 weeks gestation has only been in effect for 3 weeks and the expected result has occurred.   Omaha’s notorious late-term abortionist, LeRoy Carhart –unable to muster any Constitutional challenge –will be plying his trade in other states.

In a TV interview today, Carhart claims he will be opening ‘Centers for Sexual and Reproductive Services’ in December.  As pro-lifers anticipated, one location will be in Council Bluffs, Iowa, 8 minutes away from his current Omaha facility.  Two more locations are planned for Indiana and Maryland.

No Kansas facility for Carhart was discussed today, although he still holds a Kansas medical license.

16 months ago, following George Tiller’s murder, Carhart boasted he would ‘continue the Tiller legacy’ in Kansas, but Tiller’s widow announced the Wichita late-term abortion business would be permanently closed, and it remains so to this day.

Nebraska’s historic new law is called the Pain-capable Unborn Child Protection Act, (more…)

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