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Judge: No bond for Kan. doctor in abortion case

Associated Press Modified: November 16, 2012 at 6:30 pm •  Published: November 16, 2012

TOPEKA, Kan. (AP) — A Kansas doctor won't have to post a bond while appealing the revocation of her medical license over referrals of young patients to the late Dr. George Tiller for late-term abortions, a judge ruled Friday.

The State Board of Healing Arts wanted to require Dr. Ann Kristin Neuhaus to put up a bond of nearly $93,000 as she pursues a lawsuit in Shawnee County District Court in hopes of regaining her license. But District Judge Franklin Theis rejected the request and is requiring only that Neuhaus sign a statement saying she'll pay any judgment imposed by the courts.

The board took away Neuhaus' license in June, ratifying an administrative judge's finding that she did not perform adequate mental health exams on 11 patients, ages 10 to 18, before referring them in 2003 to Tiller's clinic in Wichita for late-term abortions. Neuhaus provided second medical opinions required by Kansas law for such procedures.

Neuhaus, who is from Nortonville, about 30 miles north of Lawrence, strongly disputes the board's conclusions and contends her exams met accepted standards of care. Her attorneys told Theis that as long as she cannot practice medicine, the largest bond she can afford to post is perhaps $100 and granting the board's request would deny her legal right to appeal its decision.

"Only the wealthy would have access to the courts," said Kori Trussell, one of Neuhaus' attorneys.

Kelli Stevens, the board's general counsel, said that if the board has no guarantee that Neuhaus will cover the expenses generated by her case, it might have to absorb those costs. Stevens noted that the board's $4.3 million annual budget is financed by fees from the health care providers it licenses.

"It would be unfair for them to bear the cost of her wrongdoing," Stevens said.

But Theis pointed out that the board itself said in its revocation order that it wouldn't require Neuhaus to pay any costs until a court challenge was resolved.

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