They also contend that a rush by the department to impose its rules deprived the providers of due legal process. Virginia lawmakers enacted a licensing law late last year, and Utah legislators this spring, but neither state expects to have more detailed regulations in place until next year.
Brownlie said he’s not surprised by the board’s decision but is “disappointed that a more rational, reasonable process has not been followed.”
The lawsuit against the regulations and clinics was filed by Drs. Herbert Hodes and Traci Nauser, his daughter, who perform abortions and other services at the Center for Women’s Health, also in Overland Park. The center cancelled its state inspection after they filed the lawsuit Tuesday.
The state’s third provider is the Aid for Women clinic in Kansas City. The department told it last week that it wouldn’t get a license after it acknowledged in its application that the clinic would need extensive renovations to comply with the new regulations. Its corporate parent and its physician, Ronald Yeomans, filed a request Wednesday to intervene in the Hodes-Nauser lawsuit.
Planned Parenthood also is contemplating legal action, should it not get a license.
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Online:
Kansas Department of Health and Environment: http://www.kdheks.gov/
U.S. District Court for Kansas: http://www.ksd.uscourts.gov/
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