Abortion debate shifts its focus to state medical board

Summary:

A NEW FOCUS: Anti-abortion groups in Kansas are pinning their hopes for shutting down Dr. George Tiller’s abortion clinic in Wichita on the State Board of Healing Arts, which licenses and regulates doctors.

CASE UPDATES: A jury in Sedgwick County acquitted Tiller on 19 misdemeanor charges of violating late-term abortion restrictions. Minutes later, the board made public an 11-count complaint covering the same issues.

WHAT’S NEXT: No hearings are scheduled on the complaint, which was filed by one of its attorneys. Eventually, the board could fine Tiller or suspend or revoke his license.

A NEW TWIST: For years, anti-abortion groups viewed the board as too lax. But key personnel changed last year after its executive director resigned.

? Abortion opponents had long hoped to see Dr. George Tiller prosecuted, anticipating it could close his Wichita clinic, among a few in the U.S. performing late-term abortions.

Now, in a twist that would have seemed inconceivable to them just a year ago, they’re pinning their hopes on the state board that licenses and regulates physicians. Anti-abortion groups had long derided the Board of Healing Arts as too lax, particularly with abortion providers.

But Tiller’s trial in Wichita on misdemeanor charges of violating Kansas restrictions on late-term abortions ended Friday in his acquittal. And moments later, the board made public a complaint that could cost Tiller his medical license.

‘Brand new crew’

Abortion opponents are encouraged by the board’s action because of turnover among its key personnel within the past year, after legislative criticism led its executive director to resign.

“Isn’t that something?” Troy Newman, president of the anti-abortion group Operation Rescue, said Saturday. “You have a brand new crew, a brand new set of eyes, people without long-standing political relationships.”

The attorney general’s office filed 19 misdemeanor charges against Tiller in Sedgwick County District Court. The charges alleged Tiller failed to obtain a second opinion for late-term abortions in 2003 from an independent physician, as required by law.

In each case, the second opinion came from Dr. Ann Kristin Neuhaus, of Nortonville, and the attorney general’s office argued she was part of a “one-stop shop.” But the six jurors took only about an hour to decide Tiller hadn’t violated the law.

The complaint before the board covers the same allegations for what appears to be 11 of the abortions addressed by the criminal case. The complaint also accuses Tiller of unprofessional or dishonorable conduct or incompetence and says he and Neuhaus had a “symbiotic relationship.”

Tiller attorney Dan Monnat said he’d known of the complaint and that the acquittal in the criminal case would allow Tiller’s attorneys to work with the board for a “similar resolution.”

“The anti-choice forces are not going to go away easily, but this will end,” said Peter Brownlie, president and chief executive officer of Planned Parenthood of Kansas and Mid-Missouri. “And this will end in our favor.”

No hearings in the board’s complaint have been set. The board could fine Tiller or suspend or revoke his license.

The board’s litigation counsel filed the complaint on Dec. 12, but it didn’t become public until the board released it moments after the verdict from Tiller’s trial. The board didn’t discuss the timing, and spokeswoman Kristi Pankratz did not return a telephone message Saturday.

‘Consistent pattern’

But Mary Kay Culp, executive director of the anti-abortion group Kansans for Life, said the board’s timing suggested, “They don’t want Kansans to be disheartened about abortion law enforcement.”

Anti-abortion groups became disheartened about the criminal case because it was handled by the office of Attorney General Steve Six, an abortion rights Democrat. But they still had hoped for a conviction.

Part of abortion foes’ desire to see Tiller prosecuted stemmed from their past distrust of the board and former longtime Executive Director Larry Buening.

Kathy Ostrowski, Kansans for Life’s legislative director, who’s long monitored the board, cited concerns over the handling of repeated questions about eight abortion providers, including Tiller, over the past two decades. Her group also frequently criticized how the board handled other physicians’ cases.

“It’s just been a consistent pattern,” she said. “We were banging our head against the wall.”

During his trial, Tiller testified he had a “cordial relationship” with Buening. Tiller’s attorneys also said the doctor relied on an off-the-record statement from Buening suggesting that Tiller use Neuhaus for second opinions and that she could work from Tiller’s clinic.

But Tiller’s attorneys acknowledged Buening has said he can’t recall making such statements, and Buening didn’t testify. Buening didn’t return a telephone message Saturday.By John Hanna

Associated Press Writer

Topeka — Abortion opponents had long hoped to see Dr. George Tiller prosecuted, anticipating it could close his Wichita clinic, among a few in the U.S. performing late-term abortions.

Now, in a twist that would have seemed inconceivable to them just a year ago, they’re pinning their hopes on the state board that licenses and regulates physicians. Anti-abortion groups had long derided the Board of Healing Arts as too lax, particularly with abortion providers.

But Tiller’s trial in Wichita on misdemeanor charges of violating Kansas restrictions on late-term abortions ended Friday in his acquittal. And moments later, the board made public a complaint that could cost Tiller his medical license.

‘Brand new crew’

Abortion opponents are encouraged by the board’s action because of turnover among its key personnel within the past year, after legislative criticism led its executive director to resign.

“Isn’t that something?” Troy Newman, president of the anti-abortion group Operation Rescue, said Saturday. “You have a brand new crew, a brand new set of eyes, people without long-standing political relationships.”

The attorney general’s office filed 19 misdemeanor charges against Tiller in Sedgwick County District Court. The charges alleged Tiller failed to obtain a second opinion for late-term abortions in 2003 from an independent physician, as required by law.

In each case, the second opinion came from Dr. Ann Kristin Neuhaus, of Nortonville, and the attorney general’s office argued she was part of a “one-stop shop.” But the six jurors took only about an hour to decide Tiller hadn’t violated the law.

The complaint before the board covers the same allegations for what appears to be 11 of the abortions addressed by the criminal case. The complaint also accuses Tiller of unprofessional or dishonorable conduct or incompetence and says he and Neuhaus had a “symbiotic relationship.”

Tiller attorney Dan Monnat said he’d known of the complaint and that the acquittal in the criminal case would allow Tiller’s attorneys to work with the board for a “similar resolution.”

“The anti-choice forces are not going to go away easily, but this will end,” said Peter Brownlie, president and chief executive officer of Planned Parenthood of Kansas and Mid-Missouri. “And this will end in our favor.”

No hearings in the board’s complaint have been set. The board could fine Tiller or suspend or revoke his license.

The board’s litigation counsel filed the complaint on Dec. 12, but it didn’t become public until the board released it moments after the verdict from Tiller’s trial. The board didn’t discuss the timing, and spokeswoman Kristi Pankratz did not return a telephone message Saturday.

‘Consistent pattern’

But Mary Kay Culp, executive director of the anti-abortion group Kansans for Life, said the board’s timing suggested, “They don’t want Kansans to be disheartened about abortion law enforcement.”

Anti-abortion groups became disheartened about the criminal case because it was handled by the office of Attorney General Steve Six, an abortion rights Democrat. But they still had hoped for a conviction.

Part of abortion foes’ desire to see Tiller prosecuted stemmed from their past distrust of the board and former longtime Executive Director Larry Buening.

Kathy Ostrowski, Kansans for Life’s legislative director, who’s long monitored the board, cited concerns over the handling of repeated questions about eight abortion providers, including Tiller, over the past two decades. Her group also frequently criticized how the board handled other physicians’ cases.

“It’s just been a consistent pattern,” she said. “We were banging our head against the wall.”

During his trial, Tiller testified he had a “cordial relationship” with Buening. Tiller’s attorneys also said the doctor relied on an off-the-record statement from Buening suggesting that Tiller use Neuhaus for second opinions and that she could work from Tiller’s clinic.

But Tiller’s attorneys acknowledged Buening has said he can’t recall making such statements, and Buening didn’t testify. Buening didn’t return a telephone message Saturday.