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Posts Tagged ‘informed consent information’

Votes in both chambers are imminent for the Disclose Act– an update of the 1997 Kansas “Woman’s Right to Know Act.”

The Disclose Act addresses the reality that 65% of Kansas abortions are “first-time” events, with the great majority of women knowing NOTHING about the procedure or the abortionist—much less his/her training, skill, or access to hospital facilities for a mishap.

Women are unaware of the following situations in Kansas:

  1. One clinic has had 100% turnover of their abortionist staff in 3 years; their current Kansas-resident practitioner agreed not to practice ob/gyn, under a State Board of Healing Arts disciplinary action.
  2. One clinic has recently hired a 76-year-old neurologist without ob/gyn formal training to do abortions.
  3. One clinic requires an overnight hotel visit for “2-day abortion procedures” and falsely labels the stay as “required under Kansas law.”

Kansans for Life has been told that, notwithstanding the state Board of Healing Arts’ “appreciating” our concerns for women, they will take no action for the above situations.

Yet abortion attorney Bob Eye told House and Senate committees this year that the Board insures abortionists meet rigorous standards and women therefore need not be told any professional data about them!

ABORTIONS ARRANGED ONLINE
All Kansas abortion businesses have individualized “informed consent” documents required to be downloaded 24 hours prior to the woman’s trip to the abortion clinic. The great majority of women obtaining Kansas abortions will be in the facility only on the day of the abortion, and nearly half of them are residents of another state.

The current abortion online consent documents fail to fully meet what the legislature has decreed for informed consent; instead, the clinics are:

  • using various formatting and fonts to downplay important state-required information and
  • undermining the requirement that each woman is giving consent to ONE specific practitioner –not a list of possibles.

KFL’s priority, the Disclose Act , (now renumbered as S sub SB 83) will help remedy these deficiencies; abortion business compliance will merely require a few minutes of one-time data entry. (see post here)

The Disclose Act will require

  1. the Kansas informed consent provisions be printed out in 12pt. black ink, Times Roman font, which is nationally recognized for readability, and
  2. seven “bullet points” of information be given for each listed abortionist.

Kansas “Voices for Choice” current abortion lobbying materials characterize the Disclose Act as “intended to undermine the confidence” in the abortionists whom the women can “get to know…when they meet with him/her 30 minutes before the abortion.”

Are they serious? (Pause for eye-rolling.)

Women contemplating elective abortion assume that Kansas regulators protect them from disqualified and/or untrained abortionists. Since that isn’t the case, women deserve passage of the Disclose Act.

On Thursday afternoon, the Disclose Act became part of a “conference committee report” process headed for votes in both chambers over the next few days.

ACTION ITEM: Contact your State Rep and Senator TODAY to urge passage of the Disclose Act, S sub SB 83. (Use this link if you don’t remember who your legislators are.)

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District Judge Rebecca Crotty

District Judge Rebecca Crotty

Nearly 99 % of the Kansas Pro-life Protections Act, HB 2253, will go into effect on Monday after the Center for Women’s Health (CWH) in Overland Park failed to get the entire law enjoined in state court.

Two minor provisions have been blocked while the case proceeds under Shawnee District Judge Rebecca Crotty. Judge Crotty ruled that CWH had not met the legal standard for winning a restraining order against the entire law –even though they had submitted an “everything but the kitchen sink” legal filing.

What will not go into effect from HB 2253 is

  1. a specific medical emergency definition already in Kansas statute that needs clarification for abortions before 22 weeks gestation, and
  2. a new requirement that the clinic website’s homepage put a descriptive label on a hyperlink to the state’s right to know website .

Neither provision is substantive and clarification of the definition can easily be remedied.

As to the hyperlink, Kansas abortion clinic websites have long included the state link, but object to the labeling of the state information as medically accurate. The U.S. Supreme Court , in its 1992 Casey ruling, established the state’s right to force clinics to provide access to scientifically accurate information prepared by the state concerning gestational development and medical risks of abortion since women had routinely been given misinformation, including that their unborn child was “only a clump of cells.”

In related litigation, another clinic is suing HB 2253. Comprehensive Health/Planned Parenthood of Kansas Mid-Missouri last week filed in federal court to obtain an injunction against section 14 of the law, which governs the state-prepared informed consent. Their legal filing also objects to the hyperlink labeled as medically accurate, as well as the information about the pain capability of the unborn child at 22 weeks gestation, and the sentence “abortion terminates the life of a whole, separate, unique, living human being.”

Kansas City federal judge Kathryn Vratil denied Planned Parenthood an immediate injunction on Wednesday but the matter is not closed, with another hearing scheduled for July 29.

CWH is the medical office of Overland Park abortionists, Herbert Hodes and daughter Traci Nauser, who sued to block implementation of the 2011 Kansas abortion clinic licensure law.

In the new suit against HB 2253, they assert that they are motivated by their Jewish religion to perform abortions. They also complain that the law

  • wrongly states pregnancy begins at conception;
  • unfairly bans funding for abortion, ends tax breaks for abortion businesses, and protects pro-life entities from retaliation; and
  • prevents abortionists from attending school functions or from volunteering. [This is a misstatement of the provision that prevents school sex-ed classes from using abortion staff and their materials, which is a law that Missouri enacted several years ago]

Although Kansas taxpayers must now defend this law in court, during that time almost the entire law will be in effect.  We are confident of prevailing against baseless clinic objections and are relieved that the court limited intervention to two very minor issues.

UPDATE: ABORTION LAWSUITS vs KANSAS
The state Attorney General’s Office has promised to “rigorously defend” HB 2253, assisted by the same law firm utilized in three other suits filed against pro-life laws enacted in 2011.

In the first case, Kansas won a challenge from the ACLU against the law banning private insurance from automatic coverage of elective abortion.

The second suit, opposing the state’s selection of full service public clinics and hospitals for Title X grants, is on appeal, awaiting a long-overdue ruling from the Tenth Circuit. In the meantime, taxpayers have been forced to send $343,000 to Planned Parenthood and the now-defunct Dodge City Family Planning Clinic.

The third suit, in which CWH blocked the long-sought state law regulating  abortion clinics, is moving at a snail’s pace.

Unfortunately, the abortion industry refuses to accept the democratic process of lawmaking, insisting on searching out activist courts in hope of undoing abortion regulation.

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From an abortion total of 11,271 in 2006 to a reduction by 30% to 7,851 in 2011, the state health department (KDHE) figures show the fifth year of less abortion in Kansas.

Significantly fewer women actually complete a Kansas abortion after receiving informed consent materials as evidenced by the certifications submitted by clinics to KDHE. In 2010, there were 8,338 abortions after 8,615 women received initial paperwork inside clinics. In 2011, 8,033 certifications were filed, with only 7,851 women returning for an abortion.

UPDATE, March 31: The Kansas City Star reports that Peter Brownlie, president of Planned Parenthood of Kansas and Mid-Missouri, attributes “much of the reduction to the shooting death of Wichita abortion provider George Tiller, who specialized in late-term procedures.” Impossible! Tiller was killed in May 2009 and all abortions “missing due to his absence” were noted in 2009 and finalized in 2010, the first full year without his doors open.

In round numbers, 8,600 women walked into 3 Kansas clinics in 2010 and only 8,000 walked into the same 3 Kansas clinics in 2011 and that had nothing to do with Tiller, nor with increased contraception–another Brownlie assertion.

There may be a direct reason 600 fewer women even stepped inside Kansas abortion clinics– existence of the best state “Woman’s Right to Know” website in the nation, including

  • comprehensive 4-D ultrasound video /audio providing real-time movies of the developing unborn child;
  • clearly marked directory headings for free ultrasounds and help for challenging pregnancies;
  • better written information describing the unborn child’s body systems and beating heart;
  • a 24-hour hotline.

Chemical abortion using the RU486 protocol (mifepristone) dropped 26%, from a high of 2,202 in 2010 (26.4% of annual Kansas abortions) to 1,624 in 2011 (20.7% of annual Kansas abortions). The decrease may stem from (more…)

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