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Judge says Kansas abortionist won’t have to post bond as she appeals revocation of her medical license

by | Nov 19, 2012

By Kathy Ostrowski, Legislative Director, Kansans for Life

Abortionist Kris Neuhaus

The Kansas state Board of Healing Arts will likely never be repaid the $93,000 it already spent revoking the medical license of abortionist Kris Neuhaus. And it’s hard to believe the ongoing expenses of the district court and the Board involved in her appeal will ever be reimbursed either.

On Friday District Judge Franklin Theis ruled that Neuhaus will not have to post a bond while appealing the July 2012 revocation of her medical license. Her attorneys argued that Neuhaus is impoverished and would not be able to pay the $93,000 “in the foreseeable future.”

They said she could only afford a bond of $100. As reported by the Associated Press’s John Hanna, Theis ruled that Neuhaus merely “sign a statement saying she’ll pay any judgment imposed by the courts.”

The protracted medical license revocation action against Neuhaus was based on a 2011 decision by administrative judge Edward Gashler who found Neuhaus negligent in conducting mental health exams for 11 patients, ages 10 to 18, who aborted between July and November 2003.

In 2003 Kansas law allowed an abortion of a viable fetus (defined as the 22nd week gestation) only if the woman faces “substantial and irreversible” harm to “a major bodily function” or death.  In 2003 that also included mental health. For these post-viability abortions the law required an independent second medical opinion.

Neuhaus provided those second opinions for the late abortionist, George Tiller, from 1999 to 2006.

The Board spent $75,000 for expert testimony and to review of Neuhaus’ records for those cases, finding that she failed in multiple ways to meet medical standards.

Judge Theis is presiding over Neuhaus’ appeal of her revocation, which is in the initial stages. The Board issued its final revocation order July 5, 2012, allowing a delay in repayment, but then asked the court to enforce the Board’s right to require a bond for  the $92,672.44.00 in expenses.

Although the Board has regrettably taken no disciplinary actions against other physician associates of Tiller who also used Neuhaus’ referrals, they did proceed with revocation against Neuhaus– a licensee they twice officially called “a danger to the public” and first began to discipline fifteen years ago.

Neuhaus has no viable medical practice and for the last few years held a strictly limited license until it was revoked. According to sworn testimony, she has worked at a variety of part time positions including a blood bank, laser hair removal salon and an indigent clinic. Under a “due process” claim, she will continue to compile court and Board of Healing Arts expenses during an appeal process for which she has virtually no chance of winning. 

The awful irony is that the court is bending over backward to give Neuhaus the due process that thousands of children and their mothers were denied in Kansas clinics.

Categories: Abortion