Archive for Thursday, June 23, 2011

KDHE board to meet Wednesday on abortion clinic regulations

June 23, 2011


— A board in Kansas plans to meet Wednesday to review new regulations drafted by the state health department for abortion providers.

The Department of Health and Environment is imposing the rules under a new law mandating specific health and safety standards for abortion providers. The law takes effect July 1, and the department plans to have its rules in effect then, too. The state's three abortion providers have criticized that process.

The rules are considered temporary but can remain in effect for up to four months while the department takes public comments on permanent regulations. But the state Rules and Regulations Board must sign off on the temporary rules.

The five-member board includes two legislators and representatives from the attorney general's, secretary of state's and secretary of administration's offices.


speedy47 6 years, 10 months ago

The Governor's got lots of friends, okay.

kansanjayhawk 6 years, 10 months ago

Protecting the "least of these" is an important value and it does not mean that the Governor or other conservatives do not support a more limited government. Amazing that liberals want smaller govenment only when it involves not regulating abortion for birth control!

coloradoan 6 years, 10 months ago

The problem here is that the sudden imposition of a set of rules is, legally and practically, unreasonable. If your boss came to you when you got to work, and told you that you had two weeks to comply with a new, complex set of rules, rules that were being changed as you spoke, rules that you had not had time to read, would you feel you were being treated fairly? This is the situation here. The rules have not been the subject of public notice, public hearing and comment, or any other procedural component of the Constitutional right that we refer to as "Due Process". The Board that is meeting to approve the regs appears, per other articles, to be the same people that wrote them. Now how does that work?

This process violates the fundamental due process rights of these clinics, in my humble opinion. And, no, I don't "like" abortion, but sometimes the alternatives are worse.

kansanjayhawk 6 years, 10 months ago

The legislature debated this law in the open and there were hearings held on the bill. Testimony was given about unsanitary conditions at some of the Kansas abortion mills and that is why the law was adopted and then signed by Governor Brownback. There was no violation of due process and not surprises just read the bill and you will see that this is designed to protect women from drunken doctors, unsanitary conditions, and not living up to min. standards of care!

coloradoan 6 years, 10 months ago

Wrong. This is about the regulations, not the statutes. The Legiislature passes legislation, which is then codified into statutes. That's law-making. The statutes direct the Executive branch agencies - KDHE, KDOT, etc. - to promulgate regulations to implement the legislation.

The inspectors do not walk into these facilities waving the statutes. The subject of these articles and comments is the set of regulations - ordered by the statute - that are being imposed upon facilities with virtually no notice, and certainly not enough time to bring the facilities into compliance. The claimed reason is to promote cleaniness, etc. This is the definition of "cynical". The real reason is to shut them down.

The regulations that have been drafted have never seen the light of day, that is, they have never been the subject of public notice and hearing. Those are fundamental due process rights. As I noted in prior posts, would you like to be told with two weeks notice that you had to make changes to come into compliance, changes that would take up to several months, or lose your license? That is unfair, arbitrary and capricious. That's why the secrecy is wrong.

xclusive85 6 years, 10 months ago

Can somebody please find a list of the new regulations? I read through the bill that was passed, but it does not have specific regulations in it, rather just that regulations would be made concerning certain issues.

veggiegirl 6 years, 10 months ago

They're being drafted and changed and changed again as I type. The ones I've seen from June 17th are 36 pages long. It was in pdf form in an email; as far as I know they haven't been published anywhere.

getreal 6 years, 10 months ago

The new regulations have not yet been approved, but they have already done an inspection based on those regulations. Who put these people in charge of Kansas? Could it be any more clear that they don't care about the safety of women, it's ALL politics.

Centerville 6 years, 10 months ago

'sudden imposition of a set of rules' : oh, you mean like all the rules that real medical offices follow? both for the good of their patients and to keep the bureaucrats happy? The comment implies that abortionists have never had to bother with things like sterile fields or sanitary equipment.

coloradoan 6 years, 10 months ago

You miss the point. Sudden, as in two or less weeks to make changes to the facility, or else you lose your license. Changes that can take months of remodelling.

As for the other medical facilities aspect, this is a non sequiter. Those facilities were not required to comply with two or less weeks of notice.

just_another_bozo_on_this_bus 6 years, 10 months ago

No need to worry. We can be certain that KDHE is in constant contact with Kansans for Life so that they get exactly the right interpretation for all rules and regulations.

William Weissbeck 6 years, 10 months ago

In response to veggiegirl - how did you get access to a "draft" copy when the LJW hasn't? I'd like to know why the LJW isn't asking some tough questions. Since when do we have a government of secret laws? Even that dreaded, devil in the details, Obamacare is being phased in. But in Kansas, July 1 means July 1, whether or not the actual providers have any time or chance to meet the new requirements. Sort of like lowering the speed limit sign up the road, and then issuing a ticket to the guy when he blows past the new sign.

kansanjayhawk 6 years, 10 months ago

There are no secret laws--you just need to read the legislation that was passed by an overwhelming bi-partisan vote of the Kansas Legislature. The aim of this law is to protect women from unsanitary conditions at some of these clinics! One clinic in KCK had a rat in the hallway and many violations of health and safety rules. This law clarifies and specifies what will be the min. health and safety reg's for clinics. Although stopping abortion is a very nobel goal which I support these particular rules do not address stopping abortion only making the facilities live up to min. standards.

Cait McKnelly 6 years, 10 months ago

Bi-partisan????????? I really need to trade in my knee highs for hip waders.

kansanjayhawk 6 years, 10 months ago

look up the vote totals in the legislature...

Kathy Theis-Getto 6 years, 10 months ago

Tell me how the vote totals show a bi-partisan action.

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