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Posts Tagged ‘Kansas State Board of Healing Arts [KSBHA]’

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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Judge Franklin Theis

Judge Franklin Theis

Today, Shawnee County Judge Franklin Theis heard arguments for and against retaining the July 2012 revocation of the medical license of former abortionist Ann Kristen (Kris) Neuhaus. The judge said his ruling will not be ready for some time.

The complaint from the state Board of Healing Arts is that Neuhaus failed to follow the standard of care in recommending that eleven teens in 2003 were eligible to abort viable babies because continuing the pregnancy caused them to suffer substantial and irreversible mental harm.

At one point, Theis raised a somewhat rhetorical question to Board attorney Kelli Stevens of why the state was not prosecuting for fraud, instead of failed standards.

Stevens urged that while the context of the case was abortion, the issue was not whether these 11 teens were valid candidates for abortion, but whether Neuhaus, as a licensed medical physician, had failed her “duty to make a proper record”. All Kansas physicians must obey this duty in statute:

“keep written medical records which accurately describe the services rendered to the patient, including patient histories, pertinent findings, examination results and test results.”

The pathetic condition of Neuhaus’ files in these eleven cases were shown when, under direct testimony in earlier proceedings, Neuhaus herself couldn’t recollect some of these teens, using all her notes and records. Her attorney today, Kori Trussell, even admitted her records “were not as they should be” but then insisted that it doesn’t mean she did not properly evaluate the mental health of the teens.

Stevens pushed that it is not whether these teens were even medically eligible candidates under the abortion law, but that Neuhaus’ diagnoses are “unsupported.” Her files are inconsistent and some cannot even be reconciled with those of Tiller as to dates and patient profiles, said Stevens.

Kansas legislators in 1998 banned abortions on viable unborn children unless the women faced substantial and irreversible bodily damage (including mental health) as documented by a second independent physician. Legislators had thought that the second physician would bring accountability so that lone abortionists would not be inventing exceptions to the ban.

However, Neuhaus was neither independent nor a psychological expert. Not only was she the exclusive second physician signing off on late-term abortions for now-deceased Wichita-abortionist George Tiller, that was her primary– if not only– salaried job between 2003-2006.

The Board’s revocation had been finalized by Administrative law judge Ed Gaschler and Judge Theis has asked for a directed index of the 3,000 page transcript. The appeal is going forward even though Neuhaus claims she is penniless and cannot afford to pay legal costs.

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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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After over a year of threats by ex-Tiller political operative, Julie Burkhart, to re-establish a Wichita abortion business, the Wichita Eagle reports that Burkhart’s Trust Women group officially owns the old Tiller clinic building.

The Eagle obtained no definitive information about how Burkhart would be using the building, but Kansans for Life had alerted its members September 12th of credible inside information that a Wichita clinic staffed with three non-Kansas abortionists would indeed be opening in January 2013.

If in fact Burkhart does open a business with itinerant abortionists, women will be in much jeopardy. Out-of-state physicians do not have

  • a stake in the community with family ties,
  • a medical reputation to maintain,
  • a permanent real estate investment.

Abortion clinics are notorious for sending abortion-injured women to the hospital without the necessary first-hand information for accurate emergency treatment– apparently what happened in the Tonya Reaves botched abortion death from a Chicago-area Planned Parenthood this July.

This is the reason that a provision requiring local hospital privileges for itinerant abortionists was passed in 2011 as part of the abortion clinic licensure law.  Unfortunately, this law is under injunction and thus not in effect, so the Eagle report is wrong that at least one of Burkhart’s abortionists would have to attain hospital privileges within 30 miles of the clinic.

An abundance of incidents across this nation have documented a variety of schemes with abortionists crossing state lines to take advantage of differing state laws governing abortion. Without a clinic licensure law in effect, the Kansas state health department cannot inspect, restrain, or penalize clinics.

Additionally, the Healing Arts Board cannot discipline a non-resident abortionist who drops his/her license and leaves Kansas.  Even if malpractice has occurred, the Board cannot chase abortionists into other states and force them to return to testify in Kansas, nor can the Board compel information from other state medical boards.  And certainly, personal lawsuits for injury and death on behalf of a woman or her family cannot be filed in other states.

If the information Kansans for Life received is true, the abortionists for the slated new clinic are residents of Missouri, Oklahoma and Nebraska. Nebraska abortionist LeRoy Carhart, a longtime Tiller-associate, still possesses a Kansas license.

Two other former itinerant Tiller abortionists, Shelly Sella and Susan Robinson, did not renew their Kansas medical licenses after Tiller’s murder.  Although this past year, Kansas State Board of Healing Arts did revoke the medical license of Tiller associate, Kris Neuhaus, for repeatedly violating the medical standard of care, they took no actions to discipline Carhart, Sella and Robinson for fraudulent late-term abortions.

Kansans for Life Executive Director, Mary Kay Culp, commented:

“It is tragic Burkhart appears poised to re-engage in destroying unborn children and exploiting women for money, again using out-of-state abortionists who can escape discipline from the Kansas Board of Healing Arts, and not yet subject to our new licensure law due to litigation; Burkhart knows that illegal abortions in Wichita were not penalized, and more recently, Planned Parenthood escaped prosecution when state documents were shredded with impunity–a situation that key legislators are currently investigating.”

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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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Mila Means (LATimes photo)

Some recent pro-abortion media entries (see here and here), along with a piece in today’s Los Angeles Times, bemoan the alleged “hounding” of Mila Means, a would-be Kansas abortionist, and Kris Neuhaus, an ex-abortionist facing the imminent loss of her medical license. Collectively, the accounts blame a pro-life governor and pro-life bills (which are conveniently mischaracterized), in the process ignoring that both women have a disciplinary history with the state Healing Arts Board.

According to Times reporter Jenny Deam, in the summer of 2010, “Means began going each weekend to Kansas City, Kan., to learn first trimester abortion procedure.”  For $20,000 she bought out the equipment of another abortionist “which cut deeply into her practice’s meager budget.” So, according to the story, why is Means not doing abortions? “It’s the lawmakers who now prove to be her most daunting opponent,” Deam writes. “She says she doesn’t dare go forward now. So she waits.”

Really? No.

In fact, there is no practical barrier to opening an abortion business in Kansas. State health department rules for abortion clinics developed in 2011–while attained by Planned Parenthood– were successfully enjoined (more…)

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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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Bonnie Scott Jones (PBS photo)

The Pennsylvania grand jury criminal indictments at the “House of Horrors” abortion clinic of Kermit Gosnell was an extra “real-life” incentive for Kansas to pass abortion facility licensure and regulation this spring.

Yesterday, two Gosnell staffers– neither one trained or licensed for the work they did –each pleaded guilty to a variety of charges, including third-degree murder, taking part in a corrupt organization and administering drugs that caused death.

Medical tasks being “handled” by non medically-trained staff is one way abortion businesses cut costs.

Gosnell’s clinic is one example, but Kansas has had plenty of these ‘mills’, like the Kansas City abortion clinic of Krishna Rajanna.

In 2003, a whistle-blower reported that she and other untrained, low-paid, high-school drop-outs hired as receptionists (one who didn’t even speak English) were essentially running Rajanna’s clinic. The whistle-blower met with the local District Attorney, who afterwards asked for help from the state Board of Healing Arts. The Board disciplinary attorney responded they knew Rajanna had problems, but no law existed to correct them.

Eventually, that clinic was closed in 2005, more as a PR measure to give cover for then-Gov. Kathleen Sebelius to — again– veto an abortion licensure and regulation bill similar to the new law.

CLINICS PROMISE TO SUE REVISED RULES
When the Kansas department of health (KDHE) issued temporary abortion facility regulations for sanitation and patient safety July 1, attorneys for two abortion businesses [Aid for Women,Center for Women's Health] got federal judge Carlos Murguia to block enforcement of the rules. The one remaining Kansas clinic, Planned Parenthood of Kansas Mid-Missouri, filed a similar lawsuit, but dropped it after they were able to meet the requirements.

Now that permanent regulations, slightly revised from the originals, are published and set to go into effect Nov. 14, the clinics are again announcing they will refile a suit. (more…)

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Maddow spins failed KS abortionist as victim

According to the Kansas state Board of Healing arts, years of illegal late abortions were performed by George Tiller with Ann Kristin (Kris) Neuhaus as the rubberstamp for those abortions.

At the time of Tiller’s murder, and after Larry Buening was forced to resign as director, the Board was actively engaged in legal actions to remove Tiller’s medical license.  The Board is now– though twice delayed– scheduled to do the same to Neuhaus.

In a show vilifying Phill Kline and pro-life protestors as a whole, MSNBC’s Rachel Maddow interviewed the reclusive Neuhaus Wednesday night.

Neuhaus tries on a new image (more…)

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Door posting tells of Aug. 31 Lawrence PP closing

Now that the Planned Parenthood of Lawrence, near the University of Kansas (KU), quietly closed 9 weeks ago, Kansas is down to 3 abortion clinics–all in the northeast corner of the state.

The Lawrence PP street-mall facility was not licensed or inspected by the state.  It provided contraceptives and chemical abortions with no doctor onsite. The notice on the door attributes its closure to a “lack of need” and recommends the county and KU clinics as well as the PP clinic one-half-hour away.

Too many resident KU students went to this facility, instead of getting help from their family and connecting with sound pro-life physicians.   We recommend pregnant women of any age consult the Pregnancy Care Center of Lawrence, where they can obtain physician-reviewed ultrasounds and assistance for a variety of needs. (see this list for other centers across Kansas)

Kansas’ remaining abortion facilities are: (more…)

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