Future of Abortion Access in Kan. Uncertain Under New Law

June 27, 2011 — A new Kansas law requiring licenses and inspections for abortion clinics is raising the possibility that some or all of the state's three abortion clinics will face closure, the New York Times reports (Sulzberger/Davey, New York Times, 6/24). Under the law, the clinics must undergo inspections and obtain licenses by July 1. Among the requirements are stipulations that procedure rooms be kept between 68 degrees and 73 degrees, while recovery rooms be kept between 70 degrees and 75 degrees. The procedure rooms must be at least 150 square feet, with their own janitorial closets of at least 50 square feet, and providers must have 13 types of drugs on hand, along with several sizes of blood pressure cuffs (Hanna, AP/Columbus Republic, 6/26). In addition, physicians who perform abortions must have admitting privileges at a hospital within 30 miles of the clinic.

One clinic, Aid for Women, likely will close, at least temporarily, after being notified on Friday that its state license had been denied. Aid for Women attorney Cheryl Pilate said the health department denied its application for a license without conducting an inspection after the clinic informed the department that it would need extensive renovations to meet the requirements. The clinic's physician is in the process of seeking privileges at a nearby hospital.

Pilate said the clinic is researching its legal options before closing. She said the licensing process has been "rushed and absurdly unrealistic," adding that clinic operators could not obtain remodeling plans or a building permit by the July 1 deadline (Hanna, AP/Miami Herald, 6/24).

"These requirements range from the impossible to the absurd," said Nancy Northup, president of the Center for Reproductive Rights. "They're not designed to protect patient safety; they're designed to shut down abortion providers," she added.

Julie Burkhart of Trust Women said that Kansas could have no abortion clinics by the end of the year. She added, "The anti-choicers have figured out that we don't need to overturn Roe v. Wade," but they "can legislate abortion clinics to death so that women don't have access" (New York Times, 6/24). Burkhart added, "I find that incredibly un-American, that we would tell women that just because of where they live in the United States of America, that they are not entitled to legal health care. It's quite shocking."

Miranda Myrick, a health department spokesperson, declined to comment on the licensing process because it is still ongoing.

Future of Other Clinics

Peter Brownlie, president and CEO of Planned Parenthood of Kansas and Mid-Missouri, said that if the health department bases its decision on the 20-hour inspection of the group's clinic, it should be able to obtain a license. "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 1" (AP/Miami Herald, 6/24). However, he said it might be possible that the health department nevertheless denies the clinic a license. "We believe without question that the intent is to shut down abortion clinics in Kansas, so we are preparing to be in court," Brownlie said (New York Times, 6/24).

Herbert Hodes, an abortion provider at the Women's Health Center, the other abortion clinic in the state, said, "We're doomed." He noted that his office will remain open without an abortion license to offer gynecology services, infertility treatments and prenatal care (AP/Miami Herald, 6/24). He called the requirements bizarre and "out of date with modern medicine."

Additional Requirements

The clinic licenses and inspections are part of a series of abortion restrictions put in place since Republicans took full control of the state government this year. For the previous eight years, Democratic governors had vetoed such measures (New York Times, 6/24).

The clinic law also authorizes the health department to 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.

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, 6/22).