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Posts Tagged ‘Judge Edward Gashler’

Kris Neuhaus

Kris Neuhaus

Remember the Kansas abortionist who over a period of seven years “rubber-stamped” post-viability abortions at the Wichita abortion clinic of the late George Tiller?

Ann Kristin (Kris) Neuhaus is her name and the Kansas Board of Healing Arts is having one heck of a time getting her state license permanently revoked.

This past January, the Board issued a second revocation against Neuhaus. Undaunted, Neuhaus returned to the court that overturned the first revocation. On March 3,

attorneys for Neuhaus petitioned Shawnee County Judge Franklin Theis to block the Board’s second (the new) revocation and dismiss the legal expenses that she had been assessed.

A little history: In April 2010, the Board initiated legal action to revoke the medical license of Neuhaus for failure to provide “standard of care” and professional record-keeping for 11 teens aged 10-18 who had obtained third-trimester abortions from Tiller in 2003.

The role Neuhaus was supposed to play under the law was that of an independent “check” on post-viability abortions by providing bona fide second opinions on maternal health.

At that time, Kansas banned all post-viability abortions except under rare occasions threatening maternal life or substantial and irreversible “harm.” But the legislative intent was blown sky high when a pro-abortion Kansas Attorney General ruled that the “harm” could be “mental.”

Tiller testified under oath about the details of his arrangement with Neuhaus. He said he had called over 100 Kansas physicians but none were willing to do such referrals for him.

Tiller said he was connected to a financially desperate Neuhaus who was willing to provide the legally required mental health referrals using an online “Psych-Lite” diagnostic tool. (Neuhaus was never trained as a psychiatric consultant.)

What actually transpired, however, was that the “independent” referral from Neuhaus came after she interviewed abortion-seekers (almost exclusively from out-of-state) inside Tiller’s clinic just minutes before the procedure was initiated! All this was verified in a Wichita trial record from May 2007.

The Board charged Neuhaus with improperly evaluating those vulnerable girls and breaking state regulations requiring a proper health record for each patient. After extensive hearings by Administrative Law Judge Edward Gashler, the final order of revocation against her license was issued in July 2012 for “professional incompetence” and “failing to meet minimum requirements for maintaining records.”

Neuhaus appealed the order to a pro-abortion district court—that of Judge Theis. In March 2014, Theis overturned the Board’s revocation, concluding it was too “harsh” a penalty for Neuhaus’ atrocious record-keeping. Theis also disagreed with the finding of incompetence and ordered another review by the Board.

This past January, the Board issued

 a second revocation against Neuhaus on the single issue of incomplete medical files for those 11 teens. This was her “third strike” said the Board;

she had been cited in past years for improper patient documentation and had violated her legal stipulation to amend her ways.The Board order characterized her as stubborn and “incapable of successful rehabilitation,” and assessed legal costs at just under $32,000.

But earlier this month Neuhaus petitioned Judge Theis to again block the Board’s revocation and dismiss the legal expenses.

The saga continues.

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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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