Feeds:
Posts
Comments

Archive for March, 2014

up down arrows (2)Abortions decreased by 1.6% last year, according to the annual preliminary report from the Kansas Department of Health and Environment (KDHE) released last week (see here). This figure includes all abortions within state boundaries as well as abortions obtained in other states by Kansas women and teens.

Kansas’ estimated 2013 abortion total is 7,479, compared with the adjusted final total of 7,598 in 2012, which is a slowing of the 5.6% rate decrease in 2012. But in whole numbers, this year’s total of Kansas resident abortions is approaching a historic low milestone–the 3,709 total of Kansas resident abortions reported in 1971. (Update April 2: typo corrected to read 3,709)

Unfortunately, Kansas is zooming ahead from a 30.1% ratio in 2012 of

abortions “by pill” (using Mifepristone, also called RU-486) to a whopping 38.8%

in 2013! This far outstrips the 2011 national RU-486 average of 22.2 % reported by the abortion-supporting Guttmacher Institute.

As has been the case for the last 5 years, half of Kansas abortions were obtained by non-residents, 3,722 in 2013, of whom 3,611 hailed from Missouri. This is very likely due to the fact that there is a Planned Parenthood situated just over the Kansas-Missouri state line in Kansas City, on the Kansas side. By contrast, only 147 Kansas females obtained abortions outside their home state last year.

In 2013, Kansas lost 3,757 unborn Kansans to abortion, a slight decrease from the 3,802 in 2012. However, that number is subject to change, as other states are later than Kansas in issuing annual notices of abortions obtained by nonresidents, and the Kansas total may yet rise a bit.

The KDHE report shows some sad statistics similar to nation-wide patterns:

  • 89% of these abortions were done before 12 weeks gestation;
  • 86.5% of these women were unmarried;
  • 60% of these women had one or more living children;
  • 36% of these women had one or more prior abortions.

Kansas bans abortions from 22 weeks gestation onward, due to enactment of the Pain-capable Unborn child Protection Act in 2011. The only legal exceptions for such abortions are to prevent either the death of the mother or substantial and irreversible physical threats to her health. In 2013, two post-22 week abortions were reported in Kansas, and two obtained in other states by Kansas women.

Read Full Post »

pp money (2)A three-member panel of the Tenth Circuit Court of Appeals today overturned a Kansas federal district court ruling that Planned Parenthood was unfairly disfavored and penalized by a 2011 funding authorization. The case was sent back to Judge J. Thomas Marten, who had remarked that he expected to be overruled in this matter.

The case stems from a 2011 lawsuit filed by Planned Parenthood of Kansas & Mid-Missouri on behalf of their Kansas abortion-referral facilities in Wichita and Hays. Both clinics became ineligible to receive Title X federal family planning funding when the state enacted an annually-renewed proviso that such money go to full-service public health clinics and hospitals.

Planned Parenthood claimed they would be “irreparably damaged” without “its” Title X funding. However, Dr. Robert Moser, head of the state health department that selects recipient facilities, described Title X funds as belonging to the state taxpayers, remarking that, “Title X was not intended to be an entitlement program for Planned Parenthood.”

The appeals panel ruled that

Planned Parenthood lacked standing to pursue its claims in federal court, and that its claim of a First Amendment violation lacked merit.

Planned Parenthood had argued that they were losing out on money due to impermissible “anti-abortion” animosity from the legislature and Gov. Sam Brownback. But the Kansas proviso doesn’t mention anything about providing or supporting abortion; it merely prioritizes that Title X grants go to local health department clinics.

Planned Parenthood also claimed that the state could not impose additional requirements for facilities to obtain Title X funding–in this case, maximizing use of a federal grant program to support health care for the poor. Court documents revealed that women at or below poverty level comprised merely 15% of Planned Parenthood’s Kansas clients, while

similarly economically disadvantaged women comprised 78% of those served by the health department in Wichita, which would have received the Title X grants.

Judge Marten ruled in August 2011 that the Kansas health department must continue to fund two Planned Parenthood businesses while litigation continued. In October of 2011, he ordered additional funding to another family planning clinic in western Kansas, which closed 14 months later. To date, at least $400,000 has been paid out to those three clinics by Marten’s order.

In the last three years, abortion advocates and clinics have sued four Kansas pro-life measures:

  1. Kansas won the first lawsuit, challenging a 2011 law that excludes elective abortion from private health insurance coverage without a “rider.”
  2. Kansas has won the appeal (today) that Planned Parenthood had no standing to sue in federal court for perceived discrimination in Title X eligibility.
  3. An abortion-friendly state judge has stalled litigation on the 2011 pro-life abortion clinic licensure law, under injunction.
  4. Abortion interests failed to block the comprehensive 2013 Pro-Life Protections Act with the exception of two tiny provisions which are being addressed.

Kansas pro-life legislation is well-drafted and being defended by talented attorneys working for the state Attorney General.

Read Full Post »

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.

Read Full Post »

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.

Read Full Post »