Archive for Friday, May 11, 2001

Doctor to cut abortion service

Lawrence physician plans to terminate Wichita practice

May 11, 2001

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Dr. Kristin Neuhaus, Lawrence's only abortion provider and one of the state's few, has announced that after June she will no longer keep clinic hours in Wichita.

The decision comes before the 10th anniversary of the Summer of Mercy, a summerlong series of abortion protests in Wichita.

Demonstrators this year are expected to return to Wichita to commemorate the anniversary.

Neuhaus said because of a combination of protests, threats and her financial situation, she will cease services at Wichita Family Planning, where she has performed abortions one or two days a week since 1994.

Security concerns

Neuhaus has been at the center of an investigation by the Kansas Board of Healing Arts for more than a year. Investigators allege she performed a June 7 abortion at her Lawrence clinic after a patient withdrew consent. The board also has alleged she failed to keep proper records on sedation given some patients.

Joan Hawkins, executive director of Kansans for Life, heralded Neuhaus' announcement as a victory for anti-abortion activists.

"We are very pleased to see her ending her tenure in Wichita," Hawkins said. "We hope soon she'll be ending her tenure in Lawrence, as well."

Hawkins downplayed Neuhaus' assertion that she is at risk by traveling to her Wichita clinic.

"They've been throwing that out from the beginning, but show me the police report," Hawkins said. "Show me where she's been in danger. She has security guards with her and security around the building."

"Just because she hasn't had a direct attack or assault doesn't mean she hasn't had threats elsewhere," said Neuhaus' security director Mike Caddell. "This is the self-styled, pro-life community that shoots their abortion doctors, Dr. Tiller, in 1993."

Dr. George Tiller was shot and wounded in the arms outside his own Wichita abortion clinic by an anti-abortion protester.

Caddell said the Wichita clinic is next door to a pro-life crisis pregnancy center that allows anti-abortion protesters on its property.

"They allow any number of protesters to stand on their property, and they don't know if they're armed or unarmed," Caddell said. "This has been an ongoing problem. When the Summer of Mercy comes up, I don't believe the pro-life community can police themselves."

A hearing on the charges against Neuhaus is scheduled June 20 in Topeka, when a three-member panel will decide what if any disciplinary action to take. The hearing originally was scheduled for April, but the board postponed it because the date fell during Holy Week, and Neuhaus raised concerns about her safety.

The board moved the June hearing from its offices to the Shawnee County Courthouse to provide more security.

"They need to realize they're all equally at risk," Neuhaus said of the board. "If somebody decided to come in and shoot, they're not going to have that long to aim."

Settlement rejected

The Board of Healing Arts rejected a settlement agreement negotiated between its attorneys and Neuhaus' attorney, Donald Strole, during a meeting April 28.

Under the proposed settlement agreement, Neuhaus would have agreed to several stipulations, including:

l Ensuring all sonograms are printed and made part of the patient's medical record.

l Developing a new informed consent form that included more detailed information relating to anesthesia and sedation, including the potential risks and circumstances when certain anesthesia or sedation choices might not be an option.

l Meeting with abortion patients outside the procedure room to discuss the consent form before patients are physically prepared for the procedure.

l Allowing up to four random inspections by the state for at least two years.

She could have asked the board to end the restrictions after two years.

Larry Buening, executive director of the board, said he thought board members rejected the settlement agreement because they wanted more restrictions on Neuhaus' use of sedatives. Buening didn't know, however, what restrictions they would have considered sufficient.

"In this regard, there are no findings of fact on this document," he said, "and I think maybe the board is interested in actually finding out what the facts are."

Mark Stafford, the board's general counsel, said the rejected settlement wasn't necessarily a sign that Neuhaus' punishment would be more severe.

"I can't say for sure that it'd be anything more severe maybe just in a different form," he said.

Neuhaus herself wasn't satisfied with the proposed agreement. She said most of the stipulations were things she already was doing or were simply record-keeping improvements to protect her from lawsuits.

But she said she wanted to bring the investigation to a close.

"I didn't like it," she said of the proposed settlement. "It's ridiculous. None of it's necessary, but I didn't have the money to keep fighting it. I've had $5,000 in legal fees already. Even if I win, I'll be totally bankrupt, so it doesn't matter. It's basically war of attrition; they have all the cards."

Caddell said Neuhaus won't make appointments for Wichita after May 28. She will continue follow-up appointments through June.

"Dr. Neuhaus' resignation as medical director does not necessarily mean the clinic will close," he said. "It merely means members of the medical community who are pro-choice should take over. She's done this for six years, driving 400 miles down and back. Dr. Neuhaus has done her share of the duty."