By Kathy Ostrowski, Kansans for Life Legislative Director
Officials at the Kansas health department (KDHE) have completed new, permanent regulations for abortion clinics, “but the move may not be enough to placate abortion providers who have already persuaded a federal judge to block earlier versions,” the Associated Press (AP) reported this weekend.
The reference is to the first set of temporary regulations written by KDHE which were blocked by an injunction issued in July by U.S. District Judge Carlos Murguia “after abortion providers said the rules would have forced the closure of two abortion clinics,” according to the AP.
The temporary regulations had fleshed out agency directives under SB 36, the new abortion facility licensure and inspection law passed in 2011. A similar bill was twice vetoed by former Gov. Kathleen Sebelius.
Kansas ordinarily issues temporary regulations on July 1st, followed by a 120-day comment period. KDHE spokesperson Miranda Steele said, “KDHE took into account the suggestions and input received during the public comment period and made some changes to the regulations, but maintaining the same intent — to ensure the safety of patients,” the AP reported.
According to the same AP story, attorneys representing the two clinics — the Center for Women’s Health in Overland Park and the Aid for Women clinic in Kansas City — indicated the changes would do little to end the legal fight as the regulations ” remain unacceptable, imposing unnecessary and unreasonable requirements.” The requirements for all abortions to be performed by Kansas-licensed physicians with local hospital privileges remains unchanged.
Abortion supporters complained about various components of the temporary regulations’ mandates which have all been slightly eased in the permanent regulations. Both sides of the lawsuit have until Friday October 28 to submit briefs analyzing the effect of the changed regulations on their legal claims.
In related matters, Kansas Attorney General Derek Schmidt continues to carry out his pledge to stoutly defend new pro-life laws. On Friday, the state formally sent an appeal to the Tenth Circuit opposing Judge Thomas Marten’s award of as-yet-unspecified Title X family planning money to the Dodge City Family Planning clinic.
The state is already appealing Marten’s order the required the state to send $58,000 to Planned Parenthood. In so doing Marten overrode the Kansas health department’s new policy of sending family planning money to full-service public clinics, not private specialty clinics.