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Post-Viable Abortion Ban
Status of 19 charges filed against Tiller
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Status of 19 charges filed against Tiller
After over six months of “investigation”, Attorney General Paul Morrison decided to drop the 30 charges against Tiller that were filed in December of 2006.
Instead, he filed 19 misdemeanor charges against Tiller for violating the law concerning the second physician who is supposed to confirm the need for a post-viable abortion. The law states:
K.S.A. 65-6703. Abortion prohibited when fetus viable, exceptions; determination of age of fetus; determination of viability; reports; retention of medical records; viable, defined; criminal penalties. (a) No person shall perform or induce an abortion when the fetus is viable unless such person is a physician and has a documented referral from another physician not legally or financially affiliated with the physician performing or inducing the abortion and both physicians determine that: (1) The abortion is necessary to preserve the life of the pregnant woman; or (2) a continuation of the pregnancy will cause a substantial and irreversible impairment of a major bodily function of the pregnant woman.
Since at least 2003, Ann K. Neuhaus, M.D., has been confirming Tiller’s diagnosis for post-viable abortions. She confirms that there is a “substantial and irreversible impairment of a major bodily function of the pregnant woman.”
Ann Neuhaus was investigated by the Kansas Board of Healing Arts for several years in the late 90’s and 2000 to 2003. The Board said she was, “A danger to the public.” (Below is the timeline for Ann Neuhaus’ activity in Kansas leading up to 2003)
As far as can be determined, Ann Neuhaus’ sole practice and source of income is as the referring physician confirming a diagnosis for a post-viable abortion at Tiller’s Woman’s Health Care Services.
Attorney General Paul Morrison filed 19 misdemeanor charges against Tiller for violating this law based on the evidence gathered by then Attorney General Phill Kline.
If charges were filed against anyone else, they would either pay the fine or fight the charges in Court. Not George Tiller!
Tiller’s attorneys appeared in Court in front of District Court Judge Clark Owens. The attorneys said they wanted 12 jurors for their trial instead of the traditional 6 jurors. They say they have a right to 12 jurors. In Kansas, all misdemeanor trials have 6 jurors. Tiller wants 12.
The attorneys also argue that the law concerning the second physician is unconstitutional. They say it is vague and places an undue burden on the woman seeking an abortion.
So, before anything goes to trial, we have two constitutional questions for District Court Judge Clark Owens to decide.
It is unheard of to be able to challenge the constitutionality of a law until you have been convicted of that law – except for abortion doctors.
It’s interesting that in 1991 when thousands of protesters were arrested in front of Tiller’s, no one was given the opportunity to challenge the constitutionality of the law used for their arrest. Actually, they were told they could NOT challenge the constitutionality of the law and, more importantly, they could NOT talk about abortion or what took place in an abortion.
Is George Tiller Above the Law?
By the way, these two constitutional challenges are still under consideration. There will be no trial until the Judge rules on these two challenges.
TIMELINE: Kansas State Board of Healing Arts in the Matter of ANN K. NEUHAUS, M.D. (Lic. 04-21596)
June 29, 1993- First record of Neuhaus practicing in Topeka (License application renewal for 1993-1994).
Jan. 18, 1994- Neuhaus, medical director of abortion clinic in KCK, locks herself and 5 employees in clinic, because of a dispute with employee Malcolm Knarr. (See Topeka Capital Journal article, 1-19-94)
June 30, 1996- last Kansas license application renewal for Neuhaus with clean disciplinary record.
Oct. 18, 1999- KBHA STIPULATION, AGREEMENT & ENFORCEMENT ORDER Neuhaus breaks DEA regulations for controlled substances including failure to keep complete and accurate records. Board restricts her to use of only 1 drug (Valium) and requires administration log with duplicate prescription copies reviewed monthly by outside pharmacist. They also order random drug testing of her entire staff & security guards and that Neuhaus not hire anyone with a substance abuse history.
Aug. 12, 2000- KBHA MEETING, Administrative proceeding V, closed session to discuss refusal to grant Neuhaus’ request for permission to use additional drug. Issue emergency order classifying Neuhaus as imminent danger to public (pg2).
Aug. 14, 2000- FINAL ORDER: Board reacts to Neuhaus’ testimony that she relies heavily on staff to manage complications; that she is not certified in cardiac life support; that she neglects to insert IV lines during sedation.
Aug. 29, 2000- KBHA EMERGENCY ORDER-states that Neuhaus is a danger to the public (pg 5), an immediate threat, not limited to the likelihood of patient injury; she is not following the standards of care for non-anesthesiologists when giving sedation. Specifically, she omits the following: a proper patient history (including adverse drug reactions), focused exam, monitoring of vital signs, patient dismissal evaluation & an accurate medication record.
Sept. 7, 2000- KBHA RESPONSE from counsel issued to Neuhaus request to terminate limitations. Request is without comprehensive account of how she exactly plans to address deviations of standards of care. There is no evidence that Neuhaus’ staff is competent in resuscitation. Board requests a hearing and monitoring of Neuhaus concerning deviations of care.
Sept. 11, 2000- KBHA TERMINATION OF EMERGENCY ORDER: Neuhaus promises to complete a course in Advanced Cardiac Life Support training and staff will complete basic Life Support course; Board will monitor compliance. Allowed back in full practice.
Dec. 4, 2000- PETITION TO REVOKE, SUSPEND or OTHERWISE LIMIT LICENSE: Patients A.B. & S.D. were not evaluated, examined, monitored, recorded & discharged properly; informed consent gestational information not conveyed to them 24 hrs. prior to procedure. Patients C.L. & H.S. allege all the same as A.B. & S.D. plus failure to obtain written documents. Patient A.G. gave limited consent to abortion without sedation. When she withdrew consent and tried to leave, Neuhaus & staff sedated her and aborted her. A.G.’s informed consent was violated and all the proper protocols omitted from the above patients were also omitted from her. Neuhaus kept unmarked pre-drawn syringes in her practice, contrary to standards of care.
Feb. 2, 2001- AMENDED PETITION restates Dec.4 petition with minor correction
March 15, 2001- MOTION TO CONTINUE April 11-13 hearing, based on an undocumented, non-specific “threat” coupled with the assertion that Neuhaus had experienced hostilities in a prior Holy Week. That such assertion is patently false as can be demonstrated from KBHA records along with police & media reports. (See attached letter from KFL to KBHA.)
April 4, 2001- MOTION GRANTED, continued until June 20-21, 2001
April 28, 2001- Settlement offer to avoid trial presented (per Mark Stafford, Disciplinary Counsel.)
May 10, 2001- Neuhaus announces closing Wichita office
June 15, 2001- AGREED INITIAL ORDER maintains the facts and
conclusions of 8/29/00 and 9/11/00 that Neuhaus deviated from the standard of
care regarding informed consent, sedation and monitoring of patients. The
limitations described on 10/18/99 remain in force, such that Neuhaus must:
Aug. 24, 2001- FINAL ORDER. Board adopts June 15, 2001 order as final
Sept. 10, 2002- Neuhaus announces closing Lawrence office
March 3, 2003- Neuhaus’ patient medical records put into temporary storage in Lawrence
July 2002- June 2003 Mailing address: PO Box 605, Lawrence KS 66044-0605 Residence address: 1228 Westloop 127, Manhattan KS 66502 Location of practice: 205 W.8th, Lawrence KS 66044
NOTE about location of medical practice. After Neuhaus closed her last abortion office in September 2002, none of her state license renewals from 2003 through 2007 indicate a genuine physical medical practice location! In fact, the very peculiar choice of description of her medical practice on her 2003 renewal, begs the question of whether she thought she could skirt the law. Kansas abortion statute 65-6703 warns that post-viable abortions must NOT use referrals between physicians that are legally or financially affiliated. Yet Neuhaus takes pain to describe her professional activities as not violating a prohibition that is very rarely known by physicians.
July 2003- June 2004 Mailing address: PO Box 605, Lawrence KS 66044-0605 Residence address: (blocked by Board staff) Location of practice: “None -- make only consultation “calls” to another office with which I am not affiliated – I have no practice location now (my office is at home but no pt (sic=patient) consults there” Disciplinary section: “I did surrender DEA license due to no office site (required to maintain liicense)”
July 2004- June 2005 (online renewal) Mailing address: 1228 Westloop 127, Manhattan, KS 66502 Residence address: 1228 Westloop 127, Manhattan KS 66502 Location of practice: Post Office 605, Lawrence 66044 Work setting: Individual Practitioner office How many patients per week: 5 July 2005- June 2006 (online renewal) Mailing address: 1228 Westloop 127, Manhattan, KS 66502 Residence address: (blocked by Board staff) Location of practice: Post Office 605, Lawrence 66044 Work setting: Individual Practitioner office How many patients per week: 5
July 2006- June 2007 (online renewal) Mailing address: 1228 Westloop 127, Manhattan, KS 66502 Residence address: (blocked by Board staff) Location of practice: Post Office 605, Lawrence 66044, Work setting: Self-employed, solo practice How many patients per week: 5
NOTE: Prior to Neuhaus’ summer 2007 renewal (below), George Tiller had been criminally charged with using Neuhaus as his “rubberstamp” referral. An online account said she had testified that she went to Tiller’s physical premises to meet with, and receive payment from, Tiller’s patients. The resulting state license renewal gives an actual street address for her medical practice, although no information is known about the nature of this practice location.
July 2007-2008 (online renewal) Mailing address: 17127 Osage Rd, Nortonville 66060 Residence address: (street address blocked by Board staff) Nortonville Location of practice: 17127 Osage Rd, Nortonville 66060 Work setting: Self-employed, solo practice How many patients per week: 5
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