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Posts Tagged ‘Kansans for Life’

POLST TPOPP pink formA medical form targeting the elderly and chronically ill is being heavily pushed in Kansas by the Center for Practical Bioethics (more on this group in this post).

However, a new formal opinion from the Kansas Attorney General, Derek Schmidt, verifies that in two distinct areas the form contravenes current statutes that protect patients!

At a press conference Wednesday hosted by Kansans for Life, (see press release here) Rep. John Rubin (R-Shawnee), who had requested the A.G. opinion,

labeled the TPOPP form “misleading” and “deficient” and asked that it be recalled.

TPOPP is the acronym for “Transportable Physician Orders for Patient Preferences.” Its stated objective is to “improve the quality of care people receive at the end of life by translating patient/resident goals into medical orders.” TPOPP is printed on ‘hot-pink’ paper and is designed to be a permanent part of the patient file in all settings.

TPOPP is a form aligned with similar documents in other states supervised by a private entity, the National POLST Paradigm Task Force. These forms use a series of check boxes to indicate:

  1. whether the patient should be resuscitated (DNR),
  2. which of three basic levels of medical care a patient should receive, and
  3. whether the patient will get medically administered food and water.

It is items 1 and 3 where TPOPP runs afoul of Kansas law.

Under Kansas law, a  directive for DNR (Do Not Resuscitate) requires a witnessed and signed document excluding those who might financially gain by the death of the patient (K,S,A, 65-4943). TPOPP skirts these patient protections as well as eliminating the physician’s immunity from liability for not resuscitating–provided by a legal DNR under K.S.A. 65-4944.

Also, under Kansas law at K.S.A. 59-3075 (e)7), specific prerequisites are needed before guardians may withhold or withdraw life sustaining care.  TPOPP ignores this statute.

In essence, TPOPP purports to be physician orders, but it crosses over into legal areas– putting patients’ lives, and physicians’ careers, at risk.

WARNING
Unfortunately, significant medical groups and facilities across the state that should have been more vigilant and responsible, have already become partners and promoters in implementing TPOPP. (See list) Kansans for Life is notifying hospitals, medical facilities and physician groups about this new Attorney General opinion.

If you or someone you know has filled out a TPOPP form, you should seek counsel immediately on the legal effectiveness of this form. Patients, doctors and other health care professionals should be aware of the legal uncertainty that TPOPP presents.

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KFL press conferees Jean Gawdun, bill sponsor Sen. Garrett Love and KFL counsel, Jessica Basgall

“Dismemberment ban” introduction featured (L-R) KFL senior lobbyist, Jeanne Gawdun;  bill sponsor, Sen. Garrett Love; and KFL counsel, Jessica Basgall.

Kansans for Life held a press conference Wednesday morning to introduce “The Unborn Child Protection from Dismemberment Abortion Act.” See TV coverage,  here and here.

The public is largely unaware that the standard method for second-trimester abortions involves the brutal limb-by-limb dismemberment of living unborn children.

According to the KDHE (Kansas Department of Health & Environment) in 2013, 578 such abortions were performed using what is termed the “D & E” abortion (Dilation and extraction) method. (see Table 42, pg 101, here)

D & E “remains the most prevalent and cost-effective method of second-trimester pregnancy termination in the USA,” according to the National Abortion Federation Abortion Training Textbook. A medical illustration of a D&E dismemberment abortion is available here.

Kansans will recoil when they actually comprehend this horrific abortion method, as they did when they learned about the gruesome Partial-Birth Abortion method. Bill sponsor, Senate Majority Whip, Garrett Love (R-Montezuma) said,

“In visiting with my constituents, many have been stunned that this practice (dismemberment) is going on in Kansas and have demanded that it be stopped. I am proud to sponsor this ground-breaking legislation,”

The Unborn Child Protection from Dismemberment Abortion Act was crafted by the National Right to Life Committee, and defines dismemberment as:

“extracting him or her one piece at a time from the uterus through use of clamps, grasping forceps, tongs, scissors or similar instruments that, through the convergence of two rigid levers, slice, crush, and /or grasp a portion of the unborn child’s body to cut or rip it off. This definition does not include an abortion which uses suction to dismember the body of the developing unborn child by sucking fetal parts into a collection container.”

LITIGATION STRATEGY
Dismemberment abortion is one of six recognized abortion methods used after the first trimester.

In 2007, the U.S. Supreme Court Gonzales v Carhart ruling upheld a federal ban on the gruesome Partial Birth method of abortion– which, arguably, may even be less barbaric than dismemberment abortion– because other methods were available.

The Court said that states had the right to ban a method of abortion in order to preserve the integrity of the medical profession and express profound respect for the developing unborn child. In that ruling, Justice Anthony Kennedy (considered the ‘swing’ abortion vote on the Court) described the dismemberment method:

“The fetus, in many cases, dies just as a human adult or child would: It bleeds to death as it is torn apart limb by limb. The fetus can be alive at the beginning of the dismemberment process and can survive for a time while its limbs are being torn off. The process of dismembering the fetus continues until it has been completely removed. A doctor may make 10 to 15 passes with the forceps to evacuate the fetus in its entirety…”

This new legislation includes a strict emergency exception, criminal and civil penalties, and privacy protection for court proceedings. It will be introduced in the Kansas Senate next week.

Since  2011, Kansas has barred abortion after 22 weeks gestation (20 weeks post-fertilization) due to the research-confirmed pain-capability of the unborn child. In 1998, Kansas barred Partial Birth Abortions.

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Kansans are facing a a pivotal choice for the U.S. Senate: incumbent pro-life GOP Senator Pat Roberts versus pro-abortion multimillionaire Greg Orman.

Orman was unknown to Kansans before he bought over a million dollars in TV ads this summer denigrating Washington’s “gridlock” politics, and offering to end it. Orman portrays himself as an “outsider”–an “Independent” candidate– even though more than 90% of his sizable past political donations have gone to Democrats.

Orman is quite the stealth candidate, except to the abortion industry. They know exactly who he is. Back to that in a moment.

Sen. Roberts released a great new radio ad yesterday, with a crystal clear message that cuts right to the heart of the differences between himself and Orman:

“The right to life is the most fundamental right we have.
From conception to natural death, the life of every Kansan, every American, every human should be honored and protected.
That’s why we need to keep Pat Roberts in the Senate.
Pat Roberts has a 100% pro-life voting record.
Endorsed by both National Right to Life and Kansans for Life, Pat has been a key supporter of every major pro-life initiative in Senate.
Pat opposes abortion on demand and federal funding of abortion.
If you care about life, Pat Roberts is the only choice.

Pat’s opponent, liberal Greg Orman, doesn’t share our values.
Greg Orman is pro-abortion.
Greg Orman would give President Obama another pro-abortion vote in the Senate.
We can’t let that happen.
Orman says we have to move past this issue.
Pat Roberts, on the other hand, will never stop fighting for life.
Protect life, Pat Roberts for Senate.”

Back to Greg Orman. He has never held public office, lacks any record of public service, and has generally avoided taking specific positions on the major issues.

But in a recent debate with Sen. Roberts, Orman described himself as “pro-choice.” He said he “trusts women” and the public should “get past” the abortion issue.

Surprise, surprise. All three Kansas abortion businesses are supporting him!

  • The Overland Park abortion clinic of Hodes & Nauser (father-daughter abortionists who have sued Kansas’ pro-life laws) have Orman signs in the windows.
  • Last Saturday Planned Parenthood of Kansas & Mid-Missouri held a joint rally in support of Orman and other Kansas pro-abortion Democrat women candidates (Orman’s wife was advertised as being there on his behalf).
  • A letter praising Orman’s candidacy was published in the Wichita Eagle, written by Julie Burkhart, who has opened an abortion business (manned by “circuit-rider” abortionists) at the location of the late George Tiller’s infamous abortion clinic.

The choice for Kansans is clear: Pat Roberts, who has pledged, “never to stop fighting for life.”

 

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Maddow weighs in on clinic closing

Maddow weighed in on abortion clinic closing

Reporters are still contacting Kansans for Life to ask what we think is the real reason the Aid for Women clinic closed abruptly last Saturday.

Our executive director, Mary Kay Culp, responded,

“It’s hard to know for sure why the clinic closed, but if it’s as we suspect– that women are better informed and more protected from clinic exploitation due to new state laws–clinic owners and operators would be the last to admit it.” 

Culp is referencing the state of Kansas-provided “Woman’s Right to Know” information.

Aid for Women so hated having to post the statement

 “The abortion will terminate the life of a whole, separate, unique, living human being”

on their website’s consent form, that they added this ‘commentary’:

This [statement] is untruthful because the fetus is quite dependent upon, not separate from, the maternal placental oxygen and nutrient acquisition and kidney’s waste disposal. The word “whole” implies “complete” but the fetus is not truly completed until birth. Also, cancer is unique, human and living, yet not deserving of life.

In response to such abortion clinic “factoids,” the state of Kansas enacted a law, effective July 2013 (tweaked slightly in May 2014), that requires each Kansas abortion business to post this on its homepage:

“The Kansas Department of Health and Environment maintains a website containing information about the development of the unborn child, as well as video of sonogram images of the unborn child at various stages of development, the Kansas Department of Health and Environment`s website can be reached by clicking here.”

Isn’t it instructive that not just the abortion clinic but other abortion proponents are reduced to hysterically bad-mouthing scientifically accurate information?

When women go to an abortion clinic’s website, they should be able to see the truth about their unborn baby before they commit to further action.

It is a fair inference, is it not, that equipped with accurate information, fewer women would chose abortion?

On Monday’s show, MSNBC’s Rachel Maddow recycled some of Aid for Women’s criticism. For example, Maddow said

“[T]he state of Kansas newly requires all abortion clinics to post this about the state’s official ‘talk you out of an abortion’ website…. And the clinic has made clear as day in context that they think that is hooey… that you shouldn’t believe, but they made us put it out.”

To emphasize the “burden” on the abortion clinic of having to provide an informational link, Maddow shows how Aid for Women added an ‘introduction’ to the mandated link on their homepage (archived here):

“We’re being forced by Republicans to use our website resources to say untruthful things about the state’s pro-life website in hopes you will visit their website and change your mind away from having an abortion. We must have this signage or go to jail. Republicans also don’t believe that rape causes pregnancy, nor that there can ever be too many children. They are stupid. Let’s vote them out of office. However, here goes.”

Maddow is obviously highly sympathetic to the Aid for Women business, quoting the clinic manager as revealing that they had struggled for eight years to find a replacement for the aging abortionist.

In addition, Maddow voices the clinic manager’s complaint of “ingratitude.” Maddow said,

“He told us, ‘We cannot seem to get some of these Gen Xers to take it seriously and vote. Why am I the only one fighting this?…The generation of patients whom we have helped need to step up and carry the torch instead of assuming clinic workers will always fight their battle.’ ”

So what do we learn from Maddow? That the poor abortion clinics are burdened by providing informational weblinks to pregnant women, when the unborn child is just like cancer, right?

Now that is hooey!

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Hodes

Hodes

Carhart

Carhart

A recent expose in the Topeka newspaper about a disreputable and impaired Wichita surgeon lends credence to a perception that doctors can continue to be a danger to the public and yet retain a Kansas medical license.

The Kansas State Board of Healing Arts’ long-held policy is that physicians are a state resource that should be preserved, while balancing that goal against that of protecting patients.

The way the Board handles complaints about their licensees is frustrating. The filer of the complaint to the Board learns nothing of what transpired in the case–even in a general way—unless and until concrete discipline is taken against the physician.

The Board does not even confirm or rebut the facts of the alleged incident(s) sent to them!

This past month, the Board closed complaints from Kansans For Life about two state-licensed abortionists– Herb Hodes and LeRoy Carhart. In neither case did the abortionist receive disciplinary action or loss of license. All we were told is that unspecified “information” was placed in their personnel files.

Our complaint against Hodes focused on a late abortion allegedly initiated by him in Kansas in 2011, after the state’s pain-capable ban on such abortions was in effect. It was based on a direct tip to KFL from the wife of a Missouri physician allegedly involved in the surgical completion of the abortion. In that case, we are left wondering whether an illegal abortion was actually begun in Kansas (to be “resolved” in another state) and whether other similar abortions are occurring.

Our complaint against Carhart involved the death of his patient, Jennifer Morbelli, as well as other women taken from his Maryland clinic by ambulance. Recent legal authority for the Board allows them to examine Kansas-licensees’ actions in other states. Yet we have no clue as to what the Board found. We are left with the impression that the Board believes Carhart is following acceptable standard of care for women obtaining late abortions in Maryland.

We urge that knowledgeable individuals not be discouraged from filing responsible complaints to the Board. After all, the Board did initiate license revocation of George Tiller six months before his death, and later sought and obtained license revocation of his referring abortionist, Kris Neuhaus.

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KFL logoAbortion-supporting groups continue to complain about the increasing life-protective laws passed in the states, particularly Kansas. The pro-abortion Guttmacher Institute places Kansas as number four in the nation (see map) among pro-life states– even as three of our bills from 2011 are not in effect yet due to delayed court action.

The achievement of strengthening Kansas as a pro-life state is due to the efforts of many, with Kansans for Life taking a leadership role.  For highlights of Kansans for Life 2013 activities, including educational and political action, see here. To donate, go here.

2013 PRO-LIFE LAWS
Gov. Sam Brownback signed three pro-life bills into law in 2013.

Senate Bill 142 [“Civil Rights for the Unborn”] allows lawsuits to be filed in civil court on behalf of the wrongful death of an unborn child at any time in gestation and  prohibits the filing of civil “wrongful birth” or “wrongful life” lawsuits seeking jackpot awards for parents who claim they would have aborted their disabled child had they known the of the condition prenatally. Recently, a jury in the state of Washington awarded $50 million dollars to parents because a laboratory did not detect a genetic defect. Such a lawsuit cannot be filed now in Kansas.

Senate Bill 199 establishes the exciting and first-of-its-kind Midwest Stem Cell Therapy Center at the University of Kansas, to increase the number of clinical grade stem cells available for use in patient treatments. The Center will create education modules for the public and medical personnel and create a global database resource for physicians and patients. Currently the only successful medical stem cell treatments are those using tissue sources such as blood, bone marrow and umbilical cords. The Center bars the use of any fetal or embryonic tissue cells, which are obtained through the destruction of unborn children.

House Bill 2253 [2013 Pro-Life Protections Act] was two years in the making, with extremist liberal media whining all along the way. HB 2253

  • strengthens medically accurate information made available prior to abortion from the state health department website;
  • bans all tax-funded payment for abortion,  tax breaks for abortion businesses;
  • forbids abortions for reason of sex-selection; and
  • declares that state public policy and budget priorities will reflect the fact that human life begins at conception, subject to U.S. Supreme Court rulings.

Planned Parenthood and the abortion clinic of Herb Hodes and Traci Nauser (both in Overland Park) have sued to block HB 2253’s new requirement that abortion clinics feature a link to state abortion information on the clinic’s website homepage. In addition, after failing to secure a legal injunction against the entire HB 2253, Hodes/Nauser attorneys did secure a block on one small provision in HB 2253 defining medical emergencies.

As usual, unable to win in the realm of public opinion, abortion interests run to the courts, hoping they will land activist judges to freeze laws from going into effect. That strategy did not work well for them this year.

The office of Attorney General Derek Schmidt is managing the defense teams for all challenged pro-life laws. We expect resolution in our favor, although the pace has been especially slow on the three lawsuits filed in 2011.

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one small shot of Topeka crwd

a small sample of the Topeka March for Life crowd

The perennial sub-freezing weather has never deterred huge crowds for the annual March for Life, either in Washington D.C. or Topeka. For a story on Friday’s D. C. March, estimated to have engaged 600,000 pro-lifers, see here.

On Tuesday, Jan. 22– the actual date of the infamous U.S. Supreme Court Roe v Wade ruling– approximately 2,500 citizens, young and old–mostly young–attended the annual Kansans for Life Rally for Life in Topeka.  The day included educational workshops, religious services, and a rally at the Capitol steps to commemorate the 40th anniversary of the ruling legalizing abortion.

Pro-life Governor Sam Brownback joined 1,800 Catholic young people for Mass, ate lunch with them and those who attended the Protestant service, and then marched with them all to the south steps of the state Capitol building. Among noted “Marchers” were Catholic Bishop Michael Jaekels of Wichita and Catholic Archbishop Joseph Naumann of Kansas City in Kansas.

Gov. Brownback addressed attendees about the joy found in serving others and the joy of being pro-life. He asked the marchers if they were ever going to quit fighting for life, to which they responded with a resounding NO!

Kansans for Life Development Director, David Gittrich, announced each of the  40 legislators on the steps who slipped out of committee meetings to greet the crowd and receive their applause. (This year an estimated 110 out of 145 Kansas legislators are pro-life!)

KFL Executive Director, Mary Kay Culp, told the audience,  “The cover of the new Time Magazine says that our opponents won a big victory 40 years ago with Roe v. Wade, then says ‘They’ve Been Losing Ever Since.’ Pro-life organizations, pro-life churches, pro-life crisis pregnancy centers, pro-life schools—all represented here today are a major reason they are losing and we are winning, and we thank you!

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