OR calls on New Kansas AG to reopen Tiller investigation
[Below is a report on evidence gathered by Operation Rescue in their investigation of late-term abortions at George R. Tiller's Women's Health Care Services in Wichita, KS. This report was released to the public at a press conference held on Monday, January 21, 2008.]
Operation Rescue has long had reason to believe that late-term abortionist George R. Tiller has been violating Kansas law that prohibits post-viability abortions except under the strictest conditions. Over the past two years, Operation Rescue conducted an investigation into post-22 week abortions at Tiller’s Women’s Health Care Services. This report will discuss the findings of that investigation and release never-before seen evidence that abortions of questionable legality are continuing at Tiller’s Wichita abortion mill, Women’s Health Care Services.
Before before that evidence and be properly discussed, some background information is required to put the evidence into context.
The Law
Kansas law, passed in 1998, bans prohibits abortions after 22 weeks when the baby is viable. K.S.A. 65-6703(a) states:
No person shall perform or induce an abortion when the fetus is viable unless such person is a physician and has a documented referral from another physician not legally or financially affiliated with the physician performing or inducing the abortion and both physicians determine that: (1) The abortion is necessary to preserve the life of the pregnant woman; or (2) a continuation of the pregnancy will cause a substantial and irreversible impairment of a major bodily function of the pregnant woman.
After the passage of this law, there was some public debate about whether or not “a major bodily function” stated in the law included mental health risks. While the authors of the bill argued that it did not, former Attorney General Carla Stovall released her opinion in 2000 that, in order to pass constitutional muster, the law must include mental health exceptions as long as the mental health risks were “substantial and irreversible.”
Abortions that take place after the 21st week of gestation must be reported to the Kansas Department of Health and Environment (KDH&E) that, according to statute, must contain the “reason and basis” for each abortion. According to KDH&E records, no abortion past 22 weeks has ever been done to save the life of the mother since K.S.A. 65-6703 was passed.
Full text of K.S.A. 65-6703
Attorney General Opinion No. 2000-20 issued by Carla Stovall, March 21, 2000
KDH&E Abortion Reports
