Petitions and Laws
Grand Jury Petition—to obtain a copy of this petition
contact us by email at kfl@kfl.org
or by phone at 1-800-928-5433
(See below Background Supporting the Need for this Grand
Jury Petition)
Board of Healing Arts Petition—to obtain a copy of
this petition contact us by email at
kfl@kfl.org or by phone at
1-800-928-5433
(See below Background Supporting the Need for this Kansas State Board of Healing Arts Petition)
Post-Viable Abortion Law—K.S.A. 65-6703 and 65-6711
Grand Jury Law—K.S.A. 22-3001
Misdemeanor Trials Law—K.S.A. 22-3404
(For more information about statutes concerning abortion go
to: www.kslegislature.org and
search for abortion statutes.)
BACKGROUND
SUPPORTING THE NEED FOR THIS GRAND JURY PETITION
The 1998
Kansas abortion law, K.S.A.65-6703, was enacted to place strict limits
on late-term abortions when the fetus is capable of living outside the
womb. This statute envisioned that in rare situations, treating physicians
would refer a patient for an abortion of a viable fetus if the medical
diagnosis determined she would suffer catastrophic injury or death without one.
To
insure objective medical diagnoses, the referring physician and the abortionist
are prohibited from being financially or legally affiliated. K.S.A. 65-6703 and
65-445 require that the medical reasons for their diagnoses be officially
submitted to the state health department.
In
2003, Attorney General Phill Kline presented evidence of illegal
late-term abortions to Shawnee County District Court Judge Richard
Anderson. Judge Anderson ruled there was sufficient evidence and probable
cause to continue the investigation and issued subpoenas for medical records.
Due to legal delays from the abortion industry, the actual medical records
(edited for privacy) were not turned over to the Attorney General’s office
until late October 2006.
Based
on those medical records, 30 charges against George Tiller for
alleged violations of Kansas law were filed with the Sedgwick County District
Court. Alleged jurisdictional issues raised by District Attorney Nola
Foulston caused the charges to be dropped. An appeal was made to the
Kansas Supreme Court over the jurisdictional question, but newly elected
Attorney General Paul Morrison asked the Court to dismiss the appeal – which it
did.
Even
though charges against Tiller were dropped, the merit of those charges
remains unexamined, and it appears that Tiller indeed has been
violating Kansas statutes.
Nationally
renowned psychiatrist Paul McHugh officially reviewed 44 abortion files from
women aborted at Tiller’s facility. Dr. McHugh asserted adamantly that Tiller
justified the abortions of viable fetuses by blatantly misusing a “psychiatric
diagnosis.”
Therefore,
an unbiased grand jury is needed to objectively investigate what
appears to be flagrant violations of Kansas abortion law. To prevent conflict
of interest and prejudice, we are also requesting the selection of an independent
special prosecutor who is not associated with any of the parties
already involved with this case.
EXCERPTS
FROM KANSAS STATUTES RELEVANT TO THIS PETITION
excerpt:
K.S.A. 65-6703.
Abortion prohibited when fetus is viable, exceptions; determination of age of
fetus; determination of viability; reports; retention of medical records;
viable, defined; criminal penalties.
(4) If the physician who is to perform the abortion
determines thegestational age of a fetus is 22 or more weeks, and determines that
the fetus is viable, both physicians under subsection (a) determine in
accordance with the provisions of subsection (a) that an abortion is necessary
to preserve
the life of the pregnant woman or that a continuation of the pregnancy will
cause a substantial and irreversible impairment of a major bodily function of
the pregnant woman and the physician performs an abortion on the woman, the
physician who performs the abortion shall report such determinations, the
reasons for such determinations and the basis for the determination that an
abortion is necessary to preserve the life of the pregnant woman or that a
continuation of the pregnancy will cause a substantial and irreversible
impairment of a major bodily function of the pregnant woman in writing to the
medical care facility in which the abortion is performed for inclusion in the
report of the medical care facility to the secretary of health and environment
under K.S.A. 65-445 and amendments thereto or if the abortion is not performed
in a medical care facility, the physician who performs the abortion shall
report such determinations, the reasons for such determinations and the basis
for the determination that an abortion is necessary to preserve the life of the
pregnant woman or that a continuation of the pregnancy will cause a substantial
and irreversible impairment of a major bodily function of the pregnant woman in
writing to the secretary of health and environment as part of the written
report made by the physician to the secretary of health and environment under
K.S.A. 65-445 and amendments thereto.
excerpt: K.S.A. 65-445. Same; records; annual report to secretary of
health and environment; confidentiality of information, exceptions; penalties
for violations. (a) Every person licensed to practice medicine and
surgery shall keep a record of all pregnancies which are lawfully terminated by
such person in a location other than a medical care facility and shall annually
submit a written report thereon to the secretary of health and environment in
the manner and form prescribed by the secretary.
Background
Supporting the Need for this Kansas State Board of Healing Arts Petition
Kansas State Board of Healing Arts (KSBHA)
According to their website http://www.ksbha.org/board.html ,
the MISSION of the KSBHA is
To protect the public by authorizing only those persons who
meet and maintain certain qualifications to engage in the health care
professions regulated by this Board. Also, to utilize the least restrictive yet
effective means to protect the public from incompetence, unprofessional
conduct or other proscribed practice by persons who have been granted authority
to practice in this State and from unauthorized practice by persons and
entities who have not been granted authority to practice in this State. (emphasis
added)
With the “Mission” in mind,
let’s take a look at some facts that should be considered by the Board of
Healing Arts.
- In December of 2006, then
Attorney General Phill Kline sought to have 30 criminal charges filed
against Dr. George Tiller. These charges stemmed from a 3 year
investigation involving two separate District Court Judges – both of whom
ruled that there was “probable cause” that laws had been broken.
These charges were never actually filed because of jurisdictional problems
called into question by District Attorney Nola Foulston. The charges were
not dropped, dismissed, or resolved in any way because District
Attorney Nola Foulston, after being given jurisdictional authority, failed
to take any action concerning these criminal charges.
Therefore, the KSBHA should have investigated the alleged criminal
activity that was the subject of the investigation by Attorney General
Phill Kline.
- In June of 2007, then Attorney
General Paul Morrison filed 19 misdemeanor charges against Dr.
George Tiller. The charges alleged that Dr. Tiller was “legally or
financially affiliated” with the referring physician. The purpose
of this clause in the law is to help women who may be facing a dire
physical emergency. A second physician could objectively look at the
diagnosis and assist the woman in deciding what medical action should be
taken to improve her physical condition. (Link
here to Petitions and Laws)
It should also be noted that Dr. Tiller’s referring physician is Dr.
Kristin Ann Neuhaus. Dr. Neuhaus was investigated by the Board of
Healing Arts in 2000. At that time, as the result of their investigation,
the KSBHA said that Dr. Neuhaus was “a danger to the public.”
- Therefore, the KSBHA should
take a grave look at the relationship between Dr. Neuhaus and Dr. Tiller
because the health and well-being of women facing dire emergencies is in
serious question.
(NOTE: Dr. Stephen Schneider, when charged with some crimes
in Wichita, had his medical license suspended by the KSBHA.)
- The current Grand Jury appears
to be looking into violations of the law that prohibits abortion after the
fetus has reached the age of viability – capable of living outside the
womb. The rest of this website is dedicated to these illegal late-term
abortions.
It is for these facts that
we request a thorough and complete investigation by the Board of Healing Arts
into possible illegal activities by Dr. George Tiller and his associates.
