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Posts Tagged ‘Kansas State Board of Healing Arts’

Judge Franklin Theis

Judge Franklin Theis

Abortionist Neuhaus

Abortionist Kris Neuhaus

I experienced an all-too familiar shudder when I recently learned Shawnee District Judge Franklin Theis had again overturned the Kansas State Healing Arts Board’s decision to revoke the license of disgraced abortionist Kris Neuhaus.

The first time her medical license was revoked, in July 2012, was for “professional incompetence” and “failing to meet minimum requirements for maintaining records.”  In March 2014, Judge Theis overturned the Board’s revocation.

The Board revoked Neuhaus’s license a second time in January 2015. (read more here)

Par for the course, Judge Theis took two years to issue his most recent decision undermining the Kansas State Healing Arts Board.

This is the same judge who, for five years, stalled motions to move forward on the lawsuit blocking Kansas’ long-sought law regulating abortion clinics.

ksbha-safeguardingThe Board, which has conservatively spent about $100,000 on this Neuhaus case, will consider how to proceed at their June meeting. (read more here)

I ploughed through Judge Theis’ brain-numbing 97-page ruling. The bottom line is that Judge Theis believes the Board’s “charge list” against Neuhaus is improperly worded under statute and misuses their own Disciplinary Guidelines grid.

INFAMOUS SCHEME
Neuhaus is the failed abortionist who made a living from 1999-2007 rubberstamping the legally-required mental health referrals for late-term abortions. She performed this “service” minutes before the abortions, and inside the Wichita abortion clinic of the late George Tiller.

Under the 1998 state law, the role she was supposed to play was that of an “independent” check on post-viability abortions by providing bona fide second opinions on maternal health. According to court records, before Neuhaus accepted the job, Tiller had called approximately 100 Kansas physicians who refused to participate in such an arrangement.

The specific patient cases used by the Board to justify Neuhaus’ revocation were

11 teens in 2003 for whom she used an online mental health “tool” to certify that the girls required third-trimester abortions.

Kansas has since banned all abortions after 20 weeks due to the unborn child’s proven capacity to experience pain. (read more on the law here)

COURT SAGA
The 58-year-old Neuhaus has been officially in trouble with the Board for the better part of the last 25 years, which has twice characterized her as a “danger to the public.”

Thousands of citizen petitions about Neuhaus had been sent to the state Board before it acted to revoke her medical license in July 2012 for

  1.  incompetence;
  2.  failing to meet the standard of care; and
  3.  record-keeping failure.

But in March of 2014, Judge Theis tossed the Board’s first two findings. He said they were based only on “an inference” from problems with her records –or lack of records–and remanded the case back to the Board  to refine the third charge.

The Kansas Court of Appeals refused to reverse Theis’s ruling in June of 2014. (read more here)

In January 2015, the Board issued a second revocation, and a lowered legal bill for Neuhaus to reimburse.  The Board characterized her as stubborn and “incapable of successful rehabilitation.”

Seems to me that description could also be applied to Judge Theis. Stay tuned.

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Kris Neuhaus

Kris Neuhaus (AP file photo)

Next Thursday, the Kansas State Board of Healing Arts will have a hearing on their 2012 license revocation of abortionist Ann Kristin (Kris) Neuhaus.

They were ordered to review this case (translation: undo the revocation and issue a slap-on-the-wrist penalty) by Shawnee District Court Judge Franklin Theis, ruling on the appeal filed by Neuhaus.

The Board was incensed at the refutation of their authority to revoke, and asked for the state appellate court to intervene, but that support was denied. Instead, they were forced to obey Theis and re-present the case to the Board. In their newest filing,

Board attorneys emphasize this is Neuhaus’ “3rd strike” and her “character is not one that can be rehabilitated.”

The legal issue is Neuhaus’ repeated violations of standard of care, i.e. the baseline professional requirements in assessing the patient, making a diagnosis and committing this data into a written medical file.

The backdrop to the case was that Neuhaus, a failed “circuit-riding” abortionist, had become the integral “rubber stamp” for post-viability abortions performed by infamous (now deceased) Wichita abortionist, George Tiller. The state law at the time banned post-viability abortions without a second opinion from a Kansas- licensed physician verifying that the mother faced “substantial and irreversible” harm. The Board utilized case files obtained by (former) Attorney General Phill Kline of 11 teens who had obtained third trimester abortions in 2003 with Neuhaus’ approval of dire “mental health” conditions.

The Board’s arguments for revocation do not hinge on professional fraud, or the fact that Neuhaus utilized an online ‘psych-profiling’ system to claim grave mental health issues justified those 11 abortions. The Board simply asserts that Neuhaus continues to ignore the essential, legally required written elements for patient intake, evaluation and case history.

It’s a problem that the Board repeatedly disciplined Neuhaus for:

  • in 1999 it was multiple cases of her failure to record drug dispensation as required by the federal authorities (DEA);
  • in 2001, it included her inability to do proper patient intake, create a proper sedation record, or document the gestational age of the unborn child as required by the Kansas Woman’s Right to Know statutes.

Judge Theis himself acknowledged that Neuhaus’ record-keeping fell below standard of care, but it was his opinion that it didn’t merit revocation.

The Board’s newest filing emphasizes that her deficient medical files were particularly egregious at the time of those eleven abortions, because Neuhaus was still bound by her 2001 formal promise to the Board to “comply with all provisions…of medical record-keeping.

The Board’s attorneys profile the situation thusly:

“The Board has attempted to remediate and rehabilitate [Neuhaus] to no avail…by her behavior in the two previous actions [her] conduct shows that she believes her way is better than the Board’s…she was given, not one, but two second chances to fix her documentation issues…her character is not one that can be rehabilitated.”

The Board will be presented with this second airing of the case Thursday and then notify Judge Theis of their stand. It’s assumed that the Board will maintain their original revocation and their authority in this matter.

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