Archive for Sunday, August 19, 2001
Abortion provider in the clear
Clinic must comply with audits, use more detailed consent form
August 19, 2001
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Topeka A yearlong investigation into the practice of Dr. Kristin Neuhaus ended Saturday with no punishment for the Lawrence abortion provider.
The 15-member Kansas Board of Healing Arts voted unanimously to accept a settlement agreement with Neuhaus. Board members approved the agreement after no discussion during a five-minute hearing.
A panel of three board members approved the pact in June.
Under the agreement, Neuhaus must comply with existing state laws on sedating and monitoring patients, keeping proper medical records and informing patients about the probable gestational ages of their fetuses. The agreement also orders Neuhaus to use a more detailed consent form.
"We're already doing everything that was recommended," Neuhaus said following the hearing.
Her medical records also will be randomly inspected by board staff members as often as four times per year for the next two years. Board members received randomly selected patient charts to review prior to their vote Saturday.
The Board of Healing Arts regulates physicians and has the authority to remove, suspend or limit medical licenses and fine doctors. The board could have altered the proposed agreement with Neuhaus or rejected it, which could have led to a trial-like hearing.
"One would have to assume because they didn't, they were happy with what she was doing and they felt comfortable she's able to perform her duties," said Neuhaus' attorney, Donald Strole of Lawrence. "It's never been an issue of patient care."
Another Neuhaus attorney, Sally Kelsey, said she wasn't surprised by the ruling.
"We were hopeful they would agree" with the June decision, she said. "I'm sure they had a lot of respect for the decision of the panel. We're certainly happy none of the members had concerns."
The board began its investigation in August 2000 when Neuhaus asked for approval to use a sedative, Ketamine, in her practice. Following the request, the board began investigating her use of all sedatives and temporarily banned her from using Valium, a "conscious sedative" used to relax patients and reduce their perception of pain.
She also was accused of performing an abortion on a patient who withdrew consent on June 7, 2000. Kelli Benintendi, an attorney for the Board of Healing Arts, said in June that a woman went to Neuhaus' clinic to have an abortion but said she did not want to be sedated with Diazepam. A local anesthetic was administered.
Benintendi alleged the woman later was given Diazepam and then withdrew her consent to the procedure. Neuhaus said the woman was told Diazepam would have to be used because of the age of the fetus, and the woman consented to proceed with the abortion.
Benintendi also said she thought patients under Neuhaus' care were safe.
The Board of Healing Arts rejected a similar proposed settlement agreement with Neuhaus in April. Strole said he thought board members wanted a more thorough investigation before making a decision.
Also, Neuhaus didn't attend the April meeting, which may have helped lead to the settlement's rejection.
Despite Saturday's ruling, Neuhaus said she is considering closing her Eighth Street clinic. She said the clinic is $40,000 in debt, partly because regulators temporarily shut it down last year during their investigation. She said she has about $5,000 in outstanding legal expenses.
Though abortion opponents protested the Board of Healing Arts office after the June decision, none was present Saturday.
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