Topeka, KS – Shawnee County Judge Franklin Theis has vacated the license revocation of Ann Kristin Neuhaus, a former associate of the notorious late-term abortionist George Tiller, even though he has agreed that she kept inadequate medical records related to her referrals for post-viability abortions.
The case has been remanded back to the Kansas Board of Healing Arts for discipline on the charge of shoddy record-keeping. The KSBHA has the option to reconsider her case or appeal Theis’ ruling to the State Court of Appeals.
Neuhaus’ medical license on “Exempt” status at the time of her revocation and she would have to re-apply to the KSBHA before her license could be restored.
Operation Rescue calls on the KSBHA to either refuse to activate Neuhaus’ license or take action to suspend her license indefinitely.
In his 186-page decision, Theis stood alone in disagreeing with a phalanx of Board investigators, attorneys and Board members that all agreed that Neuhaus, a chronic offender of professional medical standards who had been disciplined by the KSBHA before this case, was incompetent to practice medicine and posed a threat to the public.
“If Neuhaus is allowed to regain her medical license, the public will be at risk. If she returns to the business of abortions, we expect that we will see a string of her patients suffering injuries or perhaps death due to her shoddy practices,” said Cheryl Sullenger, Senior Policy Advisor for Operation Rescue, who filed the initial complaint against Neuhaus in 2006 that resulted in her license revocation. “It seems wrong that one liberal judge could overturn the decisions of so many state officials that all agree that Neuhaus poses a danger to the public.”
Neuhaus once provided the second opinion to Tiller’s Wichita abortion clinic that was then required under law in Kansas before post-viability abortions could done. The case was based on late-term abortion records obtained through subpoena by former Attorney General Phill Kline. Each of Neuhaus’ so-called “diagnoses” were based on mental health diagnoses that the KSBHA said were done incompetently using a computer program called “PsychManager Lite.”
Evidence presented at her disciplinary hearing indicated that Tiller had been conducting illegal late-term abortions based on Neuhaus’ dubious mental health findings.
Theis discounted the expert testimony of KSBHA’s expert witness, Dr. Liza Gold, who testified that Neuhaus’ mental health diagnoses were based on inadequate interviews that fell well below the standard of care.
Instead, Theis gave undue credibility to Neuhaus’ “expert” witness, Dr. K. Allen Greiner, who incredulously testified that Neuhaus met the standard of care in her evaluations and record keeping even though the medical record for Patient 8 contained not one shred of documentation that Neuhaus ever saw that patient. This destroyed Greiner’s credibility with Administrative Judge Edward J. Gaschler, who could not reconcile Greiner’s statement with the record after hearing the testimony first-hand.
Neuhaus and Greiner’s relationship reflected the appearance of impropriety, with Greiner having bypassed rules in order to accept Neuhaus into a Kansas University program run by him where he could personally “mentor” her.
“Theis’ decision reflected a disregard for the record, a disregard for the judgment of the entire KSBHA, and a disregard for the judgment of Administrative Judge Gaschler, who actually heard the testimony and observed the demeanor of the witnesses,” said Sullenger.
A KSBHA representative told the Associated Press that the Board will hold a special meeting within the next 30 days to determine its next course of action.