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Liberty Opinion: 31 March 2009
In Kansas, the abortion scandal is not in the law, but in the obstruction of enforcement by the courts and the regulatory authorities. In the wake of the Tiller trial, says Kathy Ostrowski, that might begin to change.
Giving meaning to 'Healing Arts'
Last Friday, the state Board of Healing Arts gave the public a surprise, but welcome, notice that they have been seeking to revoke George Tiller’s license for performing post-viability abortions without an independent referral.
The Board posted a press release that essentially rebuts the not-guilty verdict reached by 6 Sedgwick county jurors. There was no commentary included, but the timing gives a strong indication that their action is on a fast track, and was waiting for the conclusion of last week’s long-delayed trial.
George Tiller and his lawyers knew of this Board petition, dated Dec.12, 2008, and no doubt used the Wichita misdemeanor trial last week as a practice run for the upcoming hearing.
The Board asserts that the referral of Dr Kris Neuhaus is not independent. The petition also charges Tiller with fraud and unprofessional conduct. The Board petition states as fact these things:
- Tiller and Neuhaus had a prohibited ”symbiotic relationship” in 2003, during which time 11 post-viability abortions were thus illegally performed.
- Tiller utilized Neuhaus beginning in 1999 and that she has been his exclusive consultant from 2003 thru 2008.
- Neuhaus’ entire 2003 income came from Tiller and that Tiller could not have performed post-viability abortions without Neuhaus.
Lawmakers crafted the 1998 post-viability ban with the requirement of an independent doctor referral to act as a ‘check’ on the diagnostic accuracy and integrity of the abortionist. Instead, Tiller twisted it to create a full-time job for an out-of-work, incompetent practitioner.
Kris Neuhaus, a failed abortionist under severe and permanent restriction by the DEA and the state Board of Healing Arts (which branded her “a danger to the public”) became Tiller’s in-house rubber-stamp for post-viability abortions. On the witness stand, Tiller asserted his long-time personal friend, former Board director Larry Buening, facilitated this arrangement.
A 2008 citizen grand jury in Wichita was convened to look into illegal abortion by Tiller, including bogus rubber-stamp physician referrals, not only in 2003 but also from 2004 – 2007.
Pro-lifers believe the office of District Attorney Nola Foulston misdirected that grand jury so that they were unable to charge Tiller for any illegality, including the repeat use of Neuhaus that the state Board now declares to be a finding of fact.
The Tiller-Neuhaus collusion is the very misuse of the medical arts that the Kansas late-term abortion law was crafted to prevent.
For years, pro-lifers have been frustrated getting past Buening to have the full Board take action on incompetent and law-breaking abortionists. Buening was forced to resign last spring, and now the state medical Board is exercising its enforcement authority. What a difference new management makes!
________________________________ Kathy Ostrowski is State Legislative Director of Kansans for Life, the Kansas affiliate of the National Right to Life Committee: http://www.kfl.org.
