Kan. Regulators Set Abortion Clinic Requirements With Little Notice

June 22, 2011 — The Kansas Department of Health and Environment is giving abortion clinics until July 1 to abide by a new state law that requires them to meet certain building standards, obtain licenses and undergo inspections twice annually, the AP/San Francisco Chronicle reports. The law was signed last month, and the regulations have been put in place so quickly that the clinics might be forced to shut down, according to Peter Brownlie, president and CEO of Planned Parenthood of Kansas and Mid-Missouri (Hanna, AP/San Francisco Chronicle, 6/21).

Under the law, the health department is authorized to write standards for buildings and equipment, issue annual licenses for abortion clinics, fine clinics for non-compliance and go to court to close clinics. The law requires at least one of the two annual inspections to be unannounced, and it requires at least two people -- one of whom must be a woman -- other than the patient to be in the room during a pelvic exam or abortion. Surgeons also must have admitting privileges at an accredited hospital within 30 miles of the clinic. The measure also increases regulation of medication abortion by requiring that all pills be taken in the presence of a physician and encourages patients to return to the physician office between 12 and 18 days after taking the pills (Women's Health Policy Report, 5/17).

The new regulations also dictate how much space clinics must have in various areas and what equipment and drugs must be on hand. The rules affect three clinics: the Center for Women's Health, Aid for Women and a clinic operated by Planned Parenthood.

According to the AP/Chronicle, the health department told the clinics on May 26 -- 10 days after Gov. Sam Brownback (R) signed the legislation -- that the new regulations would take effect in July. A June 9 letter provided clinics with a copy of the proposed regulations and said that they would be told by July 1 if they were granted licenses. A June 13 letter said revised regulations would be issued within days, and Brownlie said he received a copy by mail on Monday.

Brownlie said, "Certainly, it's unfair," adding, "It is rushed. It is disorderly. It is confused." The organization is consulting with attorneys about whether to file a lawsuit against the regulations and the process used to impose them, Brownlie said. Three state inspectors are planning to visit one clinic on Wednesday, according to Brownlie. He thinks the clinic can meet the new regulations, but he is not sure whether other issues will arise and if there will be enough time to address them.

The health department is permitted to impose temporary regulations for up to four months and then hold a public hearing before imposing permanent rules. The state is expected to approve the temporary rules for abortion clinics sometime next week, the AP/Chronicle reports.

Joseph Kroll, director of the bureau that drafted the rules, said state officials researched standards in other states while lawmakers were working on the bill. He said the state needs to enforce the regulations quickly because clinics cannot operate without a license after July 1. "We followed the process we always do, but it was compressed," he said, adding, "It's our intent to comply with the law to prevent an interruption in services at these facilities" (AP/San Francisco Chronicle, 6/21).