For a second time, Judge overturns decision revoking failed abortionist’s medical license

By Kathy Ostrowski, Legislative Director, Kansans for Life

Kansas abortionist Kris Neuhaus
(AP Photo/John Hanna, File)

I experienced an all-too familiar shudder when I recently learned Shawnee District Judge Franklin Theis had again overturned the Kansas State Healing Arts Board’s decision to revoke the license of disgraced abortionist Kris Neuhaus.

The first time her medical license was revoked, in July 2012, was for “professional incompetence” and “failing to meet minimum requirements for maintaining records.” In March 2014, Judge Theis overturned the Board’s revocation.

The Board revoked Neuhaus’s license a second time in January 2015. Par for the course, Judge Theis took two years to issue his most recent decision undermining the Kansas State Healing Arts Board.

This is the same judge who, for five years, stalled motions to move forward on the lawsuit blocking Kansas’ long-sought law regulating abortion clinics.

The Board, which has conservatively spent about $100,000 on this Neuhaus case, will consider how to proceed at their June meeting.

I ploughed through Judge Theis’ brain-numbing 97-page ruling . The bottom line is that Judge Theis believes the Board’s “charge list” against Neuhaus is improperly worded under statute and misuses their own Disciplinary Guidelines grid.

INFAMOUS SCHEME

Neuhaus is the failed abortionist who made a living from 1999-2007 rubberstamping the legally-required mental health referrals for late-term abortions. She performed this “service” minutes before the abortions, and inside the Wichita abortion clinic of the late George Tiller.

Under the 1998 state law the role she was supposed to play was that of an “independent” check on post-viability abortions by providing bona fide second opinions on maternal health.

According to court records, before Neuhaus accepted the job, Tiller had called approximately 100 Kansas physicians who refused to participate in such an arrangement.

The specific patient cases used by the Board to justify Neuhaus’ revocation were 11 teens in 2003 for whom she used an online mental health “tool” to certify that the girls required third-trimester abortions.

Kansas has since banned all abortions after 20 weeks due to the unborn child’s proven capacity to experience pain.

COURT SAGA

The 58-year-old Neuhaus has been officially in trouble with the Board for the better part of the last 25 years, which has twice characterized her as a “danger to the public.”

Thousands of citizen petitions about Neuhaus had been sent to the state Board before it acted to revoke her medical license in July 2012 for 1) incompetence; 2) failing to meet the standard of care; and 3) record-keeping failure.

But in March of 2014, Judge Theis tossed the Board’s first two findings. He said they were based only on “an inference” from problems with her records –or lack of records–and remanded the case back to the Board to refine the third charge.

The Kansas Court of Appeals refused to reverse Theis’s ruling in June of 2014. In January 2015, the Board issued a second revocation, and a lowered legal bill for Neuhaus to reimburse. The Board characterized her as stubborn and “incapable of successful rehabilitation.”

Seems to me that description could also be applied to Judge Theis. Stay tuned.