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Kansas Judge restores abortionist’s license

by | Mar 11, 2014

 

By Kathy Ostrowski, legislative director, Kansans for Life

Abortionist Ann Kristen Neuhaus

Abortionist Ann Kristen Neuhaus

Late Friday, Shawnee County District Judge Franklin R. Theis quietly issued a ruling in favor of former abortionist Ann Kristen Neuhaus, overturning the State Healing Arts Board’s July 2012, revocation of her license and wiping out her $93,000.00 debt of assessed court costs. (Note: Neuhaus has already achieved $63,000 to pay that debt from pledges made at www.indiegogo.com/projects/dr-neuhaus?c=activity.).

Judge Theis sent the case back to the State Healing Arts Board for review. The Board will meet March 14 to decide whether to rehear the case or file an appeal of Judge Theis’ decision.

Neuhaus’ license was revoked “for negligence in conducting mental health exams for 11 patients ages 10 to 18, who terminated pregnancies from July to November 2003,” the Associated Press’s John Hanna reported.

“Neuhaus diagnosed the patients with acute anxiety, acute stress or single episodes of major depression, concluding their conditions met requirements in Kansas law for late-term abortions.”

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’s revocation case had gone to trial under administrative law judge Edward Gashler, who ruled that Neuhaus had demonstrably failed to keep accurate and complete medical records, as required by law.

Neuhaus’ inability to practice medicine was long documented in her disciplinary history, first with limitations in 1999 due to “failure to maintain complete and accurate records.” Soon after, the Board found in 2000 and 2001 that Neuhaus violated the standard of care due to “no focused physical examination,” failure in “monitoring vital signs,” and “no anesthesia record”–actions the Board said “create a danger to the public.”

While Judge Theis upheld Neuhaus’ record-keeping failure, he overturned Gashler’s assessment that Neuhaus had “seriously jeopardized” patients’ care with inadequate mental health exams.

The AP also quoted Bob Eye, one of Neuhaus’ attorneys, as saying Judge Theis’ ruling is “pretty consistent” with their arguments. Gee, what a surprise—Judge Theis is on their side.

ABORTION LAWYER SAVES JUDGE

Eye’s former law partner, Planned Parenthood counsel Pedro Irigonegaray, orchestrated (and helped fund) a successful last-minute rescue of Theis’ job in 2004. However, with the help of Irigonegaray and attorney donations for TV and radio ads, Theis eked out a narrow 51% victory. (For background see cjonline.com/stories/110204/bre_theis.shtml and cjonline.com/stories/110304/loc_theis.shtml.)

Pro-lifers are infuriated that this same Judge Theis has been “sitting on” another Kansas abortion lawsuit, brought against the Kansas 2011 abortion clinic regulation law. Theis has allowed NO ACTION to proceed in this lawsuit brought by the Overland Park abortion duo of Herb Hodes and daughter Traci Nauser. (See nrlc.cc/1i36WFm and nrlc.cc/1i373Rj.)

The 2011 law–which is not in effect because of Judge Theis’ stubborn inaction for over two years–would:

* create licensure standards for abortion businesses with requisite hospital privileges;

* allow Health department inspections, including one annual unannounced visit;

* mandate reporting of abortion-caused injuries;

* insure chemical abortions are administered in person (not via “webcam”).

Kansans for Life has prioritized educating pro-lifers about the dire need for reforming the judicial nominating procedure in our state, to be more reflective of the Kansas public and less a tool of the abortion industry. Judge Franklin Theis is a prime example of the need for such reform.

Categories: Abortionist