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Posts Tagged ‘Kansas Department of Health & Environment [KDHE]’

WRTKIn a desperate move to appease its base–in the wake of increased pro-life laws that reflect the will of the people but jeopardize the bottom line of abortion businesses–Planned Parenthood has sued section 14 of the  Kansas 2013 Pro-Life Protections Act, claiming it violates first and fourteenth amendment rights to free speech and abortion access.

The press release from Planned Parenthood today, announcing the lawsuit, attacks the validity of state supervision of abortion clinic information as unwarranted legislation.  However, the Pro-life Protection Act is a response to the notorious omissions by clinics when it comes to abortion harms and the true gestational development of unborn children. The women considering abortion should be afforded all accurate data and they are the ones harmed by today’s litigation.

The money taxpayers are forced to use to defend all of the Constitutionally-sound Kansas pro-life laws are a result of the abortion clinics’ greed. This is the fourth challenge to Kansas pro-life laws, Kansas:

  •  won the suit against the abortion insurance law;
  • awaits a ruling  on appeal to the Tenth Circuit Court of Appeals on the 2011 Title X funding law;
  • is enduring an ongoing state court lawsuit opposing state health department oversight of abortion clinics, which–by precedent in other states– is a meritless suit.

We are confident that Kansas will prevail in these suits and the one filed today. Kansas should strongly oppose any injunction or potential consent order that would censor those few lines of information, and force the reprinting of the state Right-to Know booklets.

The Court should refuse the injunction sought by Planned Parenthood, based on several court rulings, notably the 1992 Casey ruling by the U.S. Supreme Court. In that ruling, women were guaranteed abortion informed consent materials supplied by the state, and

the Court denied abortionists’ right of free speech was infringed as they could disavow any or all of the states’ content.

For example, the website for the Aid for Women KCK clinic has bashed the content of the Right to Know materials for many years; for just one example here, currently on the clinic’s ’24 hour consent’ page is this bullet point disputing the state info:
• 12. WE MUST UNTRUTHFULLY TELL YOU (KSA 65-6709(b)(5)) – “The abortion will terminate the life of a whole, separate, unique, living human being.” This 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.”

Yes, this clinic equates an unborn child with cancer, which would be laughable were it not so tragic.  The point the Casey Court made 21 years ago is that the state has a right to issue medically accurate data, and the abortionist can refute it–as this clinic does.

INFORMED CONSENT

  • Under the Kansas Woman’s Right to Know statutes of 1997, women seeking abortion must be given informational materials relating to the abortion procedure and risks .
  • The information is available in printed form and online.
  • The informed consent information is prepared by the Kansas state department of health (KDHE) and is medically accurate information the woman deserves,  in accordance with abortion court rulings.
  • The woman must sign a paper in the abortionists’ office that she “accessed” this info 24 hours prior to the performance of the abortion. The abortionist is never required to quiz her about the content, or ‘tell” the woman anything from the materials.
  • Section 14 merely copies into statute the agency information that women seeking Kansas abortions have been reading for years.

COMPLAINTS REBUTTED
Specifically, Planned Parenthood complains about 3 items in section 14:

  1. The mandate to have a hyperlink to the state website on the abortion informed consent section of the clinic website.
    REBUT: Two of the three KC area clinics , including Planned Parenthood, have already included this link for a long time, and the third clinic has done so inconsistently. We are not aware of the website for the new Wichita clinic.
  2. The sentence “Abortion terminates the life of a whole, separate, unique living human being.”
    REBUT: This sentence was found medically accurate by the 8th Circuit Court of Appeals. This sentence is one line in many pages of the Kansas Right to Know materials, and has been part of materials for years.
  3. The information that unborn children of 22 weeks gestational age feel pain. The clinic claims it is irrelevant as they do no abortions at this stage.
    REBUT. Abortions at 22 weeks gestation are banned under Kansas law, with limited exceptions, but it is certainly relevant for a woman to consider whether her abortion at 21.6 weeks– or 18 weeks or less –may be inflicting some pain on her child. Again this information has been in the state materials for 2 years.

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pinochioTestimony last Wednesday to the Kansas House Federal State Affairs committee from opponents of this year’s version of the Pro-Life Protections Act, HB 2253, showed they don’t know how to read a legislative bill.

Pro-abortion conferees so misunderstood which parts of the bill include existing statute that they were asking the committee not to pass provisions [the pre-abortion 24-hour waiting period, and definitions of medical emergency and bodily health] that already exist as state law!

Of course, the other explanation is that the abortion lobby doesn’t care about accuracy as long as the spin works. Some examples follow.

ABORTION SPIN: Up again for consideration in Kansas is “70 pages of anti-abortion regulations”.

FACT: In Kansas, bill drafts must include the entire statute that is relevant– even for just a one-word change. The lengthiness of HB 2253 is due to the necessary inclusion of the revenue tax code plus the  “Woman’s Right to Know” (WRTK) handbook, issued by KDHE (the state health department).

ABORTION SPIN: This bill “forces doctors to lie” and “contains a huge amount of medically inaccurate information that doctors should never have to repeat.”

FACT: HB 2253 does not mandate abortionists “tell” women anything, period. The abortionist is free to disagree with KDHE materials, even mock them—as one KCK clinic has done on its website for years. By law since 1997, the abortion-seeking woman signs a paper for her clinic file that she has ‘accessed” these materials 24 hours prior to the abortion. HB 2253, codifying the WRTK handbook, conforms to the ‘reasonable patient standard’ in law covering potential risks needed to be revealed. If breast cancer and pre-term birth risks are nonexistent, KDHE can say so under this bill.

ABORTION SPIN: “No credible evidence exists” linking abortion with future pre-term birth.

FACT: In 2006 the Institutes of Medicine listed induced abortion as an immutable cause of premature birth in its publication on prematurity. A 2009 analysis of international studies concluded prior induced abortion, especially repeat abortions, as associated with a significantly increased risk of low birth weight and preterm births. KDHE finds this persuasive.

ABORTION SPIN: This bill says “abortion causes breast cancer”.

FACT: HB 2253 does not say that! It requires that the WRTK handbook “shall also contain objective information… including risk of premature birth in future pregnancies, [and] risk of breast cancer.”  The information currently provided is one short paragraph on each topic, based on medical and scientific evidence. To read the pertinent section from the WRTK booklet go here.

ABORTION SPIN: “Claims linking abortion and breast cancer fly in the face of scientific evidence.”

FACT: That sentence was taken from the national ‘fact sheet’ issued by Planned Parenthood and submitted by their Kansas facility as defending their opposition to WRTK info. However, two paragraphs further on that ‘fact sheet’, the section on breast cancer reads:

“reproductive factors have been associated with risk for the disease since the seventeenth century…it is known that having a full-term pregnancy early in a woman’s childbearing years is protective against breast cancer.”

Now compare Planned Parenthood’s statement with the first 3 sentences in the WRTK booklet under breast cancer risk :

Your chances of getting breast cancer are affected by your pregnancy history. If you have carried a pregnancy to term as a young woman, you may be less likely to get breast cancer in the future. However, your risk is not reduced if your pregnancy is ended by an abortion.

Gee, sounds nearly identical; even the World Health Organization acknowledged over 50 years ago that the first, full-term birth gives women the “greatest lifetime protection” against breast cancer. When a woman is pregnant, it is her unborn child who sends the chemical signal (after the 32nd week) to the mother’s breast cells to “mature” and become milk-producing. This breast cell maturation brings resistance to cancer-causing agents.

Thus, if an already-pregnant woman deserves all relevant information, the fact that delivering this child will enhance her breast cancer protection and abortion will decrease it, is relevant. And the fact that abortion raises future pre-term birth risk is also relevant. The KDHE is on solid ground, as is the Pro-Life Protections Act. (read more here)

Abortion opponents are intentionally promoting deceit.

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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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Judge Franklin Theis

Last Thursday, attorneys for the father/daughter abortion team at the Overland Park, Kansas, Center for Women’s Health (CFWH) quietly obtained a restraining order from Judge Franklin R. Theis blocking new Kansas abortion facility rules from going into effect Monday, Nov. 14.

So far, no hearing date is posted on the court website. The filing, #11C-1298 in Shawnee County (Topeka) District Court, also

asked for a preliminary and permanent injunction against the new health department (KDHE) rules and a bench ruling striking them down.

CFWH abortionists, Herb Hodes and Traci Nauser, had obtained a July 1 injunction in federal court against the provisional KDHE abortion facility rules designed to expire Nov. 14.  As is the usual process in Kansas, new laws go into effect with temporary agency rules, allowing a public input period before the permanent rules are enacted.

In the permanent rules, published Oct. 27, KDHE accommodated a few of the abortionists’ complaints.  KDHE expanded the room temperature mandate, shortened the post-op stay, removed minimum room sizes and reduced the number of limited-access restrooms, but that was not enough to keep CFWH from suing.

Among their legal claims, the abortionists assert that the KDHE rules:

  • “are oppressive, unreasonable and arbitrary government interference that would significantly impair, if not altogether eliminate …their existing medical practice”;
  • violate abortionists’ rights, and those of their patients under the Kansas Bill of Rights;
  • perpetuate “the patronizing and paternalistic stereotype that women are in need of special ‘protection’ not needed by men”;
  • allow KDHE access to patients’ complete records “without adequate justification.”

The patient privacy complaint, (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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Abortion reports gone under Gov. Sebelius in 2005

Another layer to the depth of the Sebelius abortion corruption has been revealed with today’s AP report (here, updated here) that in 2005 the Kansas health department (KDHE) destroyed the state late-term abortion reports at the heart of the felony charges against Planned Parenthood.

The pre-trial hearing for felony “false-writing” charges had been scheduled for Monday Oct. 24, 25 and 26 in the Johnson County.   Since the original “official” Kansans Department of  Health and Environment (KDHE) abortion reports have now been discovered as destroyed, the Johnson County District attorney’s office is asking for a delay so they can engage other witnesses to verify the authenticity of copies of the state reports.

The state reports are verifications that abortionists send to KDHE for statistical purposes, and are annually tabulated and published. Copies of those reports are required to be kept in the patient medical files. Of crucial importance is that these reports fail to provide valid medical reasons why banned post-viability abortions were performed. They are evidence of illegal abortion.

Planned Parenthood tells the AP that they “recently” became aware of the destruction and that it was not done at their request. What is not yet known is

  1. when exactly Planned Parenthood knew;
  2. whether paper copies or electronic files—or both—were destroyed;
  3. who actually did the deed and under what orders;
  4. whether other reports from George Tiller were destroyed;
  5. whether similar reports in other years have been destroyed.

KFL Executive Director, Mary Kay Culp, commented, “Only guilty people destroy evidence!  Not even we anticipated Sebelius and her administration could stoop this low (more…)

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Shortly after Tuesday’s 45-minute hearing, federal district Judge Thomas Marten once again issued a written ruling stomping on Kansas’ state sovereignty.

He allowed the ACLU-represented Dodge City Family Planning (DCFP) clinic to join Planned Parenthood in halting the new Kansas family planning proviso. This marks the third failing clinic Marten has funded through an injunctive action.

The state of Kansas has already appealed his earlier injunction for Planned Parenthood to the 10th Circuit court of appeals and action there is not anticipated for at least 6 weeks.

DCFP had asked for $40,000 plus attorney fees. Absent any 10th Circuit action, Marten ordered the state to immediately pay DCFP an unspecified amount with another ‘quarterly payment’ in six weeks.

Marten relies heavily on one DCFP-employee affidavit that they alone could provide family planning for hundreds of low-income, minority women in Dodge City. However, in an Oct.13 rebuttal brief, the state presented facts that Ford County (home to DCFP) continues “to have access to family planning services through

  1. private providers,
  2. a Federally Qualified Health Center (“FQHC”), the over-$2-million-dollar-funded United Methodist Mexican-American Ministries in Dodge City, which chose not to apply to be a Title X delegate agency because of the lawsuit,and
  3. nearby delegate agencies, totaling 16 nearby clinics.”

The defense added,” the State of Kansas will continue to ensure the availability of, and access to, a wider variety of critical medical services to those Kansans most in need. In essence, the only entity that would “win” from injunctive relief would be DCFP, not the low income Kansans for whom Title X was enacted.”

Marten insists (more…)

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