Abortion clinic may close after license is denied
06/25/2011 12:00 AM
06/25/2011 6:57 AM
TOPEKA — A Kansas City, Kan., clinic has been denied a state license that would allow it to continue performing abortions and will probably close, the clinic's attorney said Friday.
Kansas enacted a law earlier this year establishing a special licensing process for abortion providers, and the state's three abortion clinics must either get licenses or stop offering the procedure on July 1.
Cheryl Pilate, an attorney for the Aid for Women clinic, said it received a notice that its application for a license had been denied by the Kansas Department of Health and Environment without an inspection, and she was looking at the clinic's legal options. She also said the clinic would have to close, at least temporarily.
The clinic received its notice on the same day the leader of a Planned Parenthood chapter said his clinic should receive a license based on a two-day review in which inspectors found it will comply with all new regulations.
An inspection of the third clinic is scheduled for Wednesday. All three clinics are in the Kansas City area.
Health department spokes-woman Miranda Myrick declined to comment because the licensing process for all three abortion providers is ongoing.
Supporters of the licensing law say the new rules drafted by the state health department as part of the process will protect patients from substandard and even dangerous care. But abortion-rights advocates are suspicious because Gov. Sam Brownback strongly opposes abortion and anti-abortion groups pushed the law.
"We're doomed," said physician Herbert Hodes of the Women's Health Center.
Abortions are offered in Kansas at the Women's Health Center and Planned Parenthood of Kansas and Mid-Missouri's clinic, both in Overland Park, and at Aid for Women. If the clinics don't receive licenses, Kansas would become the first state in the nation without an abortion clinic.
The health department al-ready regulates hospitals and ambulatory surgical centers, which include the Planned Parenthood clinic. The two other abortion providers are among dozens of clinics and offices that fall under rules set by the state Board of Healing Arts, which licenses physicians.
Basis for denial
Pilate said the health department told Aid for Women its application was denied be-cause it had disclosed that it would need extensive renovations to meet standards dictating the sizes of rooms, storage space for patients' belongings and the number of bathrooms and janitor's closets.
Also, she said, the clinic reported that the physician who performs abortions is in the process of seeking privileges at an area hospital. The new law requires that a physician have privileges at a hospital within 30 miles. The department's notice said that for those reasons, "an on-site inspection will not be necessary and will not be scheduled."
Pilate called the licensing process "rushed and absurdly unrealistic." The law was signed May 16, and the clinics received the latest draft of the department's regulations earlier this week.
"We could not even obtain remodeling plans and a building permit" before July, Pilate said.
Peter Brownlie, president and chief executive officer of the local Planned Parenthood chapter, said he thinks its clinic will get a license after its 20-hour inspection.
"The findings of the inspection indicate we will be in full compliance with the abortion facility license regulations when they go into effect on July 1st," Brownlie said. "Thus, I believe we should be granted a license."
Mary Kay Culp, executive director of the anti-abortion group Kansans for Life, which pushed for the new law, said the Planned Parenthood clinic would be the most likely one to obtain a license under the new rules because it's already regulated as a surgical center.
She said her group had no involvement in writing the new regulations.
"These are just medical professionals doing their jobs," she said. "That's all they are."
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