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Posts Tagged ‘Sen. Jacob LaTurner’

Sen. LaTurner

Sen. Pilcher-Cook

Last night, the Kansas Senate approved Simon’s Law, 29-11, despite a last-minute hostile amendment from Sen. Barbara Bollier (R-Mission Hills).

All but three Republicans voted in favor of this Kansans for Life-priority bill while eight of nine Democrats voted in opposition.

Simon’s Law insures that parents are the decision-makers when it comes to Do Not Resuscitate (DNR) orders for their critically ill children.

Sen. Jacob LaTurner (R-Pittsburg) carried the bill on the Senate floor, and opposed the Bollier amendment as undermining the key purpose of the bill.

Baby Simon

Simon’s Law was introduced last year and passed the Senate but wasn’t heard in the House before time ran out on the session. It is named in honor of infant Simon Crosier, whose life ended when he was denied resuscitation in a hospital, after a DNR was put on his chart without the knowledge or consent of his parents.

Parents have been uniformly shocked and disturbed to discover that DNRs could be assigned to their children without their consent. In a number of cases, families testified that their children were treated as “not worthy of life” due to chromosomal disorders. Simon had Trisomy 18.

During Thursday evening’s Senate floor debate, pro-life champion Sen. Mary Pilcher Cook brought up the issue of medical discrimination. She cited a book by former U.S. Senator Rick Santorum and his wife, Karen.

In “Bella’s Gift: How One Little Girl Transformed Our Family and Inspired a Nation,” the Santorums chronicle medical discrimination against their daughter, Bella, who, like Simon, has Trisomy 18. Sen. Santorum recounts how Bella had to be hospitalized repeatedly and for six years, medical personnel continually advised the Santorums to let her die.

Sen. Pilcher Cook warned that medical discrimination exists, and cited last year’s study in which 25-76% of responding pediatricians said they were comfortable issuing DNRs unilaterally. That is the situation Simon’s Law is meant to end.

Vocal support for parental rights during the debate on Simon’s Law also came from pro-life Senators Rob Olson (R-Olathe), Dennis Pyle (R-Hiawatha), and Steve Fitzgerald (R-Leavenworth).

Sen. Pyle

Sen. Fitzgerald

This year, Kansans for Life collaborated with medical and disability experts to produce a slightly amended version of Simon’s Law, which was commended during floor debate.

Substitute for SB 85 requires that parents be informed orally and in writing, before an order for a DNR can be placed in the medical chart of an unemancipated minor.

The delivery of that information must be recorded on the chart. Parents can allow that order to proceed or refuse it.

During conflict resolution, the child’s life must be preserved. This provision was emphasized by Sen. LaTurner as particularly important.

Sub SB 85 also requires that hospitals and medical facilities with written “futility” policies about when life-sustaining care will be denied, must disclose them to patients (or prospective patients) upon request.

Simon’s Law will have a hearing in the House Federal & State Affairs committee on Tuesday. In the House, Simon’s Law has the sponsorship of 30 State Reps, including three practicing physicians.

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Sen. LaTurner

Kansans for Life applauds the Kansas Senate Federal and State Affairs chair, Jacob LaTurner (R-Pittsburg), and members of the committee for advancing an amended version of SB 85, Simon’s Law, to the full Senate for consideration.
SB 85 (Substitute) requires that:

  • parents receive written and oral notification before any DNR is placed in their child’s medical file–which they have the right to refuse;
  • any patient or prospective patient has the right to review existent medical facility “futility” policies governing the supply or denial of resuscitation and life sustaining treatments.

The legislation is named after Simon Crosier, who had Trisomy 18, a chromosomal condition.  Simon died after he was denied resuscitation at just three months of life.

Infant Simon gazed at his mom, Sheryl Crosier

Later, the Crosiers discovered to their shock and horror, that a DNR (Do Not Resuscitate Order) had been placed in the infant’s medical file without his parents’ knowledge or consent.

Introduced late in the Kansas legislative session last year, Simon’s Law passed the Kansas Senate 33-7 but was too short on time to work through the House process. Mary Kay Culp, KFL Executive Director, said,

“Simon’s Law establishes a significant advance toward protecting medically fragile children from discrimination and secures the rights of all parents to be fully informed decision-makers when their child’s life is at stake.

Heart-breaking testimony supporting Simon’s Law has come not only from the Crosier extended family in Kansas, but from other families across the nation whose children were issued DNRs without full parental input. Pediatric specialists, national medical groups, and members of the disability rights community testified in support of Simon’s Law.

KFL thanks the Senate Federal and State Affairs Committee for their work and urges the full Senate to quickly take the matter up for consideration.

If approved by the Senate, Simon’s Law will go to the House for further consideration. House members already are enthusiastic about passage of Simon’s Law and have filed a companion bill, HB 2307, with 30 co-sponsors

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Sen LaTurner

Fed-State Chair Jacob LaTurner

Should Kansas abortion clinics continue to deny basic data about their abortionists from women considering abortion?

The Kansas Senate Federal State Affairs committee said “no!” to that on Wednesday morning.

With only the ranking minority and the two newest senators in opposition, the committee passed SB 98/ the DISCLOSE ACT. Committee chairman, Sen. Jacob LaTurner (R-Pittsburg) said he expects it will likely be voted on by the full Senate next week.

SB 98, the DISCLOSE ACT, updates the 1997 Kansas Woman’s Right to Know statutes by requiring that the abortion consent form reveal a few essentials about each abortionist, including year of medical degree, state residency, and whether he/she has local hospital privileges.

Women in Kansas considering abortion are completely in the dark about the practitioner that will be assigned to them by the abortion clinic. Kansas abortion appointments are made with a single phone call or email contact.

Paperwork designed by each clinic that supposedly covers the legal requirements of informed consent is available online. But the clinics’ consent forms really do not properly embody the intent of the Woman’s Right to Know law when they list all staff abortionists and have the woman estimate her gestational age.

Sen. Rob Olson

Sen. Rob Olson

Some of the data about Kansas physicians in the DISCLOSE ACT  can be found– with diligent effort –on the state website of the Kansas Board of Healing Arts. Too bad that the Board uses only half of the categories recommended by The Federation of State Medical Boards for physician profiling (see: here and here)

Pro-abortion testimony in Tuesday’s hearing showed grave ignorance of the principles of voluntary and fully informed consent. Testimony generally whined that the proposed simple disclosures were “unnecessary”, “absurd”, “redundant” and “prejudicial.” Poppycock.

WOMAN, NOT CLINIC TO CHOOSE INFO
A woman has a complete right to choose her physician by balancing factors she considers relevant in the abortion context. These include a practitioner’s gender, age, training, skill (or lack of it), length of time he/she has been working at that clinic, and whether he/she can participate in possible emergencies at the hospital.

The Kansas abortion clinics may indeed be embarrassed to disclose information that shows:

  • four of the seven Kansas abortionists are 75-78 years of age;
  • four (or fewer) of the seven have local hospital privileges;
  • one clinic has had 100% turnover in abortionists in only 3 years;
  • one abortionist was told by the Healing Arts Board not to practice ob/gyn.

Abortion consent forms under existent statute KSA 65-6710(b) must be printed in a typeface large enough to be clearly legible.

Kansas abortion clinics, however, have been playing games with the forms as to font sizes and colors and inserting opinion statements meant to undermine the mandated facts. That forced SB 98 to insure that the disclosures are in 12 pt. Black ink, Times New Roman font. To remedy potential mischief of black type on black background, Sen. Rob Olson (R-Olathe) amended SB 98 to insure the form prints out on white paper.

Read more about the new SB 98 here.

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pp money (2)The Kansas Legislature adjourned for the year in the wee hours of Monday morning, with two big victories in the area of pro-life healthcare. UPDATE, May 13: Gov. Brownback signed both measures into law this week.

Disappointingly, the time clock hurt us on achieving Simon’s Law, which will be explained further on in this post.

Senate Bill 248, formerly SB 436 (KFL testimony here) was enacted late Sunday evening. It enacts, as permanent law, the “Huelskamp-Kinzer” language prioritizing Title X federal reproductive health money to full-service public health clinics.

Planned Parenthood hates this mechanism because they do not qualify as full-service and it’s a big chunk of Kansas money they no longer get. Planned Parenthood filed a legal challenge against the prioritization but lost in federal appeals court. Title X Kansas funding now surpasses the pre-litigation level.

Sen. Masterson, Sen. Tyson

Sen. Masterson, Sen. Tyson

Huelskamp-Kinzer language is a model way for states to improve healthcare for the indigent, by funneling Title X money to comprehensive services at “safety net” clinics and public hospitals.

State Sen. Caryn Tyson (R- Parker) carried the bill and Sen. Ty Masterson (R-Andover) shepherded it to completion. The vote was 87-34 in the House and 32-8 in the Senate.

MIDWIVES’ ROLE IN ABORTION STOPPED
Kansas passed a large bill, HB 2615, with a number of sections regulating health care services and providers. The section governing the independent practice of midwives includes pro-life language:
            Nothing in the independent practice of midwifery act should be call midwifeconstrued to authorize a certified nurse-midwife engaging in the independent practice of midwifery under such act to perform, induce or prescribe drugs for an abortion.”

There was quite a bit of educating to do on this subject as some legislators just didn’t want to believe that nurse midwives– those most intimately dedicated to nurturing labor and delivery– would actually do abortions.  Yet the National Abortion Federation has long had a strategy for increasing “access to abortion” (i.e. more babies aborted) by expanding the scope of practice of lower level health care professionals. Read more on this topic, including a memo from National Right to Life Director of State Legislation, Mary Spaulding Balch, J.D. here.

Sen. O'Donnell, Sen. Pilcher Cook

Sen. O’Donnell, Sen. Pilcher Cook

Sen. Sen. Michael O’Donnell (R-Wichita) and Sen. Mary Pilcher Cook (R-Shawnee) were real champions on insuring the abortion ban stayed with the midwives’ regulation. The House passed the final healthcare bill 115-7, but only after Senators voted 26-12 to insure that the final version kept the pro-life language.

TIME CRUNCH HURT SIMON’s LAW
This year’s Kansas legislature was dominated by a budget crisis, and in an unprecedented move, leadership cancelled two weeks of legislative session time.  This really doomed House consideration of Simon’s Law, despite heroic

Sen. Laturner, Rep. Pauls

Sen. LaTurner, Rep. Pauls

attempts by bill sponsor, Sen. Jacob LaTurner (R-Pittsburg), vice-chair of the Senate Federal & State Affairs committee, and Rep. Jan Pauls (R-Hutchinson), Chair of the House Federal & State Affairs committee, to maneuver it to get a House vote.

Simon’s Law is a vital bill to protect parental rights in preventing the unilateral issuance of Do Not Resuscitate (DNR) for minors. The measure has gained tremendous public enthusiasm, and secured an amazing 37-3 bipartisan vote in the Kansas Senate. With support of pediatric specialists across the country and four pro-life medical groups, Kansas ought to be enacting Simon’s Law next year.

baby SImon Crosier died to a secret DNR

baby Simon Crosier died due to a secret DNR

Lest too rosy a picture be painted about Simon’s Law, however, it must be noted that not one Kansas medical facility or physician group officially testified about the measure—pro, con or neutral—and many well-paid medical lobbyists out of the public eye pushed to kill the bill. Apparently, the current ability to issue DNRs unilaterally is sadly a power that too many medical entities do not want brokered by parents.

The movement to educate the public about discrimination in life-sustaining procedures has just begun and the entire nation needs Simon’s Law.

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baby SImon Crosier died to a secret DNR

Baby Simon died due to a secret DNR order

The Kansas Senate has approved two pro-life bills: SB 437, Simon’s Law, and SB 436, prioritizing public clinics for Title X money that Planned Parenthood had claimed in 2011 was “theirs.”

The Senate passed both bills provisionally Monday with a final vote tally for both scheduled for Tuesday.UPDATE, State Legislative website error corrected Tues. 7pm: Final tally: SB 437,Simon’ s Law, passed 37-3 and SB 436 passed 32-8.

Sen. Jacob LaTurner (R-Pittsburg) was bill carrier for Simon’s Law, adopted from a measure originally filed in Missouri. Simon’s Law would:

  • prevent children from being denied life-sustaining care through DNR (Do Not Resuscitate) orders issued without parental knowledge or permission; and
  • require hospitals and medical facilities with policies about withholding life-sustaining treatment to disclose such policies upon request.
Sen. LaTurner

Sen. LaTurner, pro-life bill carrier

“I think this is a very good piece of legislation, very necessary to make sure that this doesn’t happen to any children in the future in the state of Kansas,” LaTurner said, after detailing the in-hospital death of baby Simon Crosier, using the words of his mother, Sheryl Crosier.

Kansans for Life had presented a collection of tragic accounts of how medically-fragile children were harmed –or  had died!– due to “secret” DNRs.  See personal testimonies and blog posts, here and here.

Simon’s Law does not criminalize any actions of doctors or hospitals; it merely sets in law the same process already in state statute for guardians when life-sustaining care is threatened to be denied to their wards.

During Monday’s floor debate, consternation about the bill came only from pro-abortion regulars, Sen. Vicki Schmidt (R-Topeka) and Sen. Laura Kelly (D-Topeka) who are each married to Kansas physicians. (No current Kansas senators are physicians or nurses by profession.)

Sen. Schmidt opened her comments on the floor by asking if, under Simon’s Law, a child in an emergency room must be kept alive if he/she had arrived without a parent. The answer was, certainly, yes! And isn’t that what every parent should be able to assume will happen? Yet Sen. Schmidt found it troubling!

Sen. Schmidt

anti-life Sen. Vicki Schmidt

Schmidt also tried to raise fears that foster parents or the state family agency would be unworkable as petitioners. However. the protocol to petition the court on behalf of a child in need of treatment, applies smoothly for those “acting in the place of” parents. Thus was the sum of her objection to Simon’s Law

To explain why no entity opposed Simon’s Law, Sen. Kelly made a false claim that “the process for it was too rushed,” with only one day’s notice given for the March 3rd hearing –thus prohibiting all stakeholders from testifying. That was both absurd and provably false!

  1. There’s a myriad of medical interest lobbyists at the Capitol who learned on Feb 10 that Simon’s Law was in process and had plenty of time to prepare testimony.
  2. Moreover, KFL records show the Senate Health committee secretary specifically notified all committee members (including Kelly) and 50 other interested parties on Feb 23–not March 2 as Kelly claimed–about the Simon’s Law hearing.

HOSPITALS HIDING
Sen. Kelly said that Children’s Mercy Hospitals in Kansas City, MO and St. Louis. MO, as well as the SMS Missouri health network had opposed the Missouri version of Simon’s Law, and had discussed their concerns with her. However, the superficial medical opposition to the Missouri version has seemed to evaporate toward the Kansas version, perhaps due to clarifying definitions and conflict protocols from KFL not in the original Missouri version.

On the Senate floor, Health & Public Welfare chairman, Sen. Michael O’Donnell (R-Wichita), rebutted Sen. Kelly’s claims of “committee process abuse”and said none of her named entities–or any other party– has ever yet to contact him with concerns. Most observers realized Kelly’s claim of abuse of process was a weak attempt to excuse why she will be passing on tomorrow’s final vote.

The unique situation in which a Kansas pro-life bill has gone unchallenged in committee may actually reflect reluctance by physicians and hospitals to state openly:

  • their unwillingness to relinquish sole control over DNRs, as well as
  • prove that a pernicious medical elitism and bias exists toward patients they believe are not “worthy” of living.
Sen. Ostmeyer

pro-life Sen. Ostmeyer

Pro-life Sen. Ralph Ostmeyer (R-Grinnell) alluded to physicians who issue DNRs in order to “put parents (not the child) out of their misery.” Sen. Ostmeyer insisted parents deserve to make the final call, adding,”Don’t let the doctor play God.”

PLANNED PARENTHOOD FUNDING ATTEMPT
The second bill passed is SB 436, which targets Title X contracts to provide comprehensive care to the indigent.  (see KFL blogs here and here and KFL testimony)

Kansas’s right to prioritize full-service providers was upheld in 2014 by federal appellate court after Planned Parenthood sued the budget allotment —and lost.

In Kansas, federal Title X reproductive health funds go first to full-service facilities, mainly public health clinics, and then public hospitals. The Kansas legislature has annually budgeted for this since 2011 (after 4 years of pro-abortion governor vetoes).

The point of SB 436 is to make permanent in statute what has been an annual budget item. On behalf of her 26 Senate co-sponsors, Sen. Caryn Tyson (R-Parker) was the bill carrier.

As she had attempted in committee, abortion supporter, Sen. Marci Francisco (D-Lawrence) once again tried to amend SB 436 to create a new revenue stream for Planned Parenthood. The amendment failed.

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