Advertisement

Archive for Friday, July 29, 2011

Abortion providers argue Kansas’ new regulations aren’t backed by data

July 29, 2011, 1:23 p.m. Updated July 29, 2011, 7:17 p.m.

Advertisement

— Kansas officials drafted new regulations for abortion providers without independently compiling data or studies on how the new rules would make the procedures safer for the women seeking them, and attorneys for providers expect the apparent lack of such research to be a central issue in a federal lawsuit challenging the rules.

Teresa Woody, a Kansas City, Mo., attorney representing two Kansas doctors who perform abortions, said Friday that the providers don't think the state can show it has a medical justification for the new regulations. The rules tell providers what drugs and equipment they must stock and set requirements for room sizes and temperatures, among other things.

The rules were supposed to take effect July 1, but U.S. District Judge Carlos Murguia, in Kansas City, blocked their enforcement until the lawsuit is resolved. After an initial hearing, Murguia questioned whether the state had compiled evidence showing the Kansas Department of Health and Environment's rules were "rationally related" to protecting patients.

The Associated Press then filed an open records request, seeking a copy of studies, reports or summaries of data compiled by the department's staff from Jan. 1 through early July, or summaries of existing data or studies used in drafting the regulations. A response said the department "has no document that meets this request."

"We don't think any of these regulations are medically necessary," Woody told The Associated Press. "If they have research out there that shows the regulations are medically necessary, we haven't seen it."

Health department officials have said they based their regulations on rules from other states, most notably Arizona and Texas. KDHE spokeswoman Miranda Myrick said Friday that both state and federal guidelines for hospitals, clinics and other facilities are based on an assumption that they will "result in a higher level of care."

"In developing these regulations, KDHE looked to resources that used established, industry-accepted standards of care in clinical settings that have been developed over many years," she said in an email, adding that such standards are "grounded in evidence."

Woody filed notices in federal court this week disclosing that the providers' attorneys plan to question health department officials and members of the attorney general's staff in September. Those to be interviewed include Joseph Kroll, the director of the KDHE bureau that drafted the regulations, and KDHE Secretary Robert Moser.

She also filed a notice that both the health department and attorney general's office had received a list of questions and a demand to produce documents. Court filings show the providers' attorneys want to question officials about the steps they took to research their regulations.

"It obviously goes to proving our case that it's an undue burden," Woody said.

The health department drafted its regulations under a law requiring hospitals, clinics and doctor's offices to obtain a special, annual license if they perform five or more elective abortions a month. Gov. Sam Brownback signed the law May 16. The department had a final draft of its regulations ready June 17 — and told providers they had to comply by July 1, when the law took effect.

Two of Kansas' three abortion providers were denied licenses under the new regulations. A Planned Parenthood clinic in Overland Park received one, but it was already regulated by the health department as an ambulatory surgical center. All three clinics are in the Kansas City area.

Woody represents Drs. Herbert Hodes and Traci Nauser, his daughter, who provided abortion services at the Center for Women's Health in Overland Park. The third clinic, Aid for Women in Kansas City, also is involved in the lawsuit, along with its physician, Ronald Yeomans.

Health department officials said the law forced them to work quickly and gave them no discretion to waive any requirements. The providers' lawsuit argues that the state violated their right to due legal process.

Brownback is an anti-abortion Republican, and abortion-rights supporters contend the real goal behind the regulations was keeping clinics and doctor's offices from terminating pregnancies.

The governor's office has said Brownback, his chief of staff and his policy director did not communicate with Kroll while the regulations were being drafted. Caleb Stegall, chief counsel for both Brownback and the health department, declined to release his own communications with Kroll.

An open records request from The AP for communications between Attorney General Derek Schmidt's staff and the health department is pending. Schmidt's office declined to comment Friday because the lawsuit is pending.

Comments

kansanjayhawk 2 years, 8 months ago

"these people" happen to be a super majority of the Kansas House of Representatives and a solid majority in the Kansas Senate and Governor Brownback! Wake up friend the wind is blowing against killing the unborn and in favor of restrictions on abortion--these happen to be minor commonsense--rules for insuring women's health and protection.

0

yourworstnightmare 2 years, 8 months ago

Why should we be surpised that these actions were not based on facts and research? Ideology is all that matters to these people anyway.

0

Crazy_Larry 2 years, 8 months ago

Someone firebombed a Planned Parenthood clinic in McKinney, Texas, late Tuesday night. A potential incident of domestic terrorism this week got a yawn from most of the press -- and the political right.

http://www.salon.com/news/politics/war_room/2011/07/30/planned_parenthood_terrorism/index.html

0

kansanjayhawk 2 years, 8 months ago

Under Roe there are only certain regs that can be enacted and this health protection law is one that has been approved under SCOTUS precedent why can't we agree that the overwhelming majority of the Kansas Legislature might have a reason to approve this law that is motivated by the desire to protect women.

0

Crazy_Larry 2 years, 8 months ago

Data? What's that? Don't say nothing about no data in my bible! As a matter of fact, the bible does not contain the word data, let alone any fact.

0

tange 2 years, 8 months ago

[ Reposted from above, because I can. ]

Incredibly stupid replies regurgitated repetitively.

Mowing your lawn is genocide? Really? What standard were you meeting with that ridiculous comeback?

Why don't we hold reproductive clinics to the same standards that we hold "abortion clinics?" Dunno. You tell me. What does the regulation of either have to do with life beginning at conception?

Oh, and bea, keyword: simplistic. So, what of viability? If we are not to consider the newly conceived individual to be "human" until s/he can survive outside the womb, then perhaps you should not be considered "human" until you've demonstrated that you can survive outside the relatively narrow range of environmental conditions which sustain you.

And "God, the Abortionist," Straw Man Extraordinaire! (Gimme an effing break.) Are you really once again going to equate loss of life due to circumstances beyond human control with the deliberate ending of life, at human hands?

Clearly, those replying are unable to refute the basic assertion, tho' their self-serving, lifestyle preserving interests have them endlessly spawning comebacks so impotent they don't even require abortive intervention; they simply are not viable.

0

kansanjayhawk 2 years, 8 months ago

I remember the dictator mentality when Sebelius was in office. She vetoed every single piece of pro-life legislation because she did not agree with it. Many of us on the pro-life side were not happy--an now the shoe is on the other foot--face it the election made a difference and we have a great many pro-life legislators in Topeka to thank.

0

Richard Heckler 2 years, 8 months ago

This Brownback admin thinkers have been operating on assumptions for many many many years.

They are of the dictator mentality which in essence = when we speak how dare anyone to challenge.

What they do not realize is that there can never be enough money to cool their hell.

0

tange 2 years, 8 months ago

I guess that, once you've set up shop in Hell, all that's left is the haggling of prices of souls.

0

edjayhawk 2 years, 8 months ago

This is good news. Need to stop this nut job Brownbut. What goes around, comes around Governor.

0

Ray Parker 2 years, 8 months ago

Nebraska abortions are down 10% since last year during the first six months of 2011, according to a preliminary report from the state health department, and it appears a new ban on abortions after 20 weeks of pregnancy may be the cause. Nebraska abortions are down to 1,153 killings so far this year, a drop from the 1,288 killings committed during the first six months of the year prior. The abortion lobby has falsely claimed that bans on late-term abortions such as the fetal pain bills approved in Oklahoma, Alabama, Kansas and Idaho in 2011 would do nothing to reduce the number of abortions. Scientific and medical evidence shows that babies at 20 weeks gestation are highly sensitive to the horrifying pain of being mangled, dismembered, poisoned, and beheaded.

0

Cait McKnelly 2 years, 8 months ago

http://www2.ljworld.com/weblogs/agnostick/2011/jul/29/abortion-in-kansas-its-a-trap/ Agnostick has written a blog post on this subject and for, whatever reason, it's not showing up on the web edition home page. I suggest you read it.

0

MarcoPogo 2 years, 8 months ago

No matter what they try to tell you, remember this:

  1. Han shot first.

  2. Laura Palmer's dad was the killer.

  3. The Screamroller was the first looping roller coaster at Worlds of Fun.

  4. AOL used to only give users 10 hours a month.

  5. In Greek mythology, Abacab was the brother of Sussudio.

0

notleft_notright 2 years, 8 months ago

Nowhere in the article was religion or The Bible cited or referenced.

  1. Brownback was elected overwhelmingly by Kansans in a high turnout election. He didn't hide the fact that he was pro-life. He campaigned on that platform and is well known as an outspoken supporter of the pro-life movement.

  2. These clinics fall under the supervision of the state which is clarifying what is to be regulated and how that oversite is to be executed.

  3. The privacy of patients is still being protected.

  4. Kansas will remain Kansas and will not change its name to "Brownbackistan".

  5. Women still have access to abortions and birth control.

0

mikewilliams 2 years, 8 months ago

  1. Abortion is legal.

  2. It was clear when Brownback was elected there would be attempts to block abortion somehow.

  3. At this time the best he can do is to tie the abortion providers in sticky red tape.

  4. Failing that we will probably see assasinations,:it has happned before in this State.

  5. Then we will see a name change from"Kansas" to "Brownbackistan."

0

Barry Watts 2 years, 8 months ago

Honestly, I wish this was left up to the states to decide. A better decision by SCOTUS would have. That way we would have the opportunity to outlaw it in Kansas, since a majority of citizens are against it. If California or other more liberal states want to stop beating hearts and destroy human life, then go for it. We just don't want it here!

0

kansanjayhawk 2 years, 8 months ago

Life begins at conception--biology 101--a self-evident fact that pro-abortionists will not face!

0

jhawkinsf 2 years, 8 months ago

"Not backed by data" That's the whole problem with the abortion debate. Neither side can agree when humanity begins. And there is no data to support either position.

0

kansanjayhawk 2 years, 8 months ago

The Supreme Court does not require these kind of studies. The law requires simply that the proposed regulations do not create and "undue burden" and that is what the abortion providers will have to claim and prove. These types of basic clinic regulation laws that require abortionists to meet min. standards of medical care have been upheld across the country and there is no reason to believe that the Kansas law will not withstand the legal challenge. The filthy conditions in some of our Kansas clinics like the one in KCK which had a rat in the hallway and unsanitary conditions is an example of why we need this and other reasonable health care protections.

0

overplayedhistory 2 years, 8 months ago

I am the only data there is, ever was, or ever will be.

0

overplayedhistory 2 years, 8 months ago

This is a case you would call "Higher Data"

0

Paul R Getto 2 years, 8 months ago

SD20: Religion aside, we are all magical thinkers in one sense. Look at politics, for example. The extreme left wing refuses to confront financial reality; the extreme right wing does the same. Both are relying on magic to carry their water. We cannot sustain the entitlements without some real changes. We cannot keep pretending that cutting taxes brings us to the promised land. A bit of balance, perhaps? I don't think the religious believe in BS. It's just one more form of magical thinking............Shazam!

0

somedude20 2 years, 8 months ago

Yeah, I would not expect much as religion is based on no factual data (and really is just so unbelievable that the word faith was invented to try and sugar coat and make the fairytale palatable) so don't hold your breath. It is rather sad that a few people can use a bs myth to control people,cause pain, anguish and death all for something that odds are is 99.99999999999999999999999999% not real. It makes me anrgy that the gullible can be lead so easily but all well..... immaculate conception? heck no, it is the Immaculate Reception! http://www.youtube.com/watch?v=7xMDIc...

0

2 years, 8 months ago

"Health department officials couldn't produce any documents when The Associated Press filed an open records request asking for any research or studies used to draft the rules."

That's because there aren't any documents. The "regulations" are arbitrary and capricious at best, designed to support a theocracy.


@iwasthedukes.

Are you saying the CAFE standards are not research-based? (Then backed off because the manufacturers whine.)

http://www.nhtsa.gov/

0

autie 2 years, 8 months ago

data? We don't got no data. We don't need no stinkin data.

0

itwasthedukes 2 years, 8 months ago

So regulation have to be backed by data now? Good by federal fuel efficiency regulations!!

0

DillonBarnes 2 years, 8 months ago

The Bible doesn't count as data!?

0

verity 2 years, 8 months ago

Who woulda thunk it could happen in Kansas?

0

Crazy_Larry 2 years, 8 months ago

Arbitrary rule won't fly. (I am number one)

0

Commenting has been disabled for this item.