Doctors file lawsuit to stop Kansas abortion clinic restrictions

Kansas City StarJune 29, 2011 

A father-daughter physician team is going to court to stop Kansas from imposing new rules that could potentially leave the state abortion free by the end of the week.

Herbert Hodes and his daughter, Traci Nauser, filed a lawsuit in federal court asking a judge to stop the new licensing requirements from going into effect on July 1.

Hodes and Nauser both run an Overland Park obstetrics and gynecological clinic that also provides abortion services. It is one of three abortion clinics in the state that face the prospect of not getting a license by the time the new regulations start on Friday.

Hodes and Nauser run the Center for Women’s Health, which was scheduled to be inspected Wednesday. The clinic canceled the inspection thinking it wouldn’t be approved for a license anyway.

Contending that the rules in the new law are overly burdensome and impose a “number of ambiguous and unclear requirements,” the physicians are asking a judge to issue a preliminary injunction barring the state from moving ahead.

“As a whole, the temporary regulations impose burdensome and costly requirements that are not medically necessary or appropriate and that are not imposed on Kansas medical providers performing other comparable procedures,” the lawsuit charges.

Kansas health regulators declined comment on the lawsuit late Tuesday afternoon.

The lawsuit lays out a story line that portrays an organized and deliberate effort to by Gov. Sam Brownback’s administration to “to close abortion clinics by any means necessary.”

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