Regulator questioned about abortion clinic's licensing fight

Kentucky Trial Could Make State First In US With No Abortion Clinic
UPDATED: Trial Ends In Kentucky Abortion Clinic Case
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09 September, 2017

That's when the clinic filed a federal lawsuit to prevent the state from revoking its license. His administrative reach includes licenses for abortion clinics. EMW Women's Surgical Center has complied with this policy in the past.

In a three-day trial, the state will argue before a U.S. District judge in Louisville that EMW Women's Surgical Center does not have proper state-required agreements with a hospital and an ambulance service in case of medical emergencies.

Each side now has 60 days to brief, then it's in the judge's hands.

He is now facing off against the governor in a legal fight that will decide whether Kentucky becomes the first state in the nation without an abortion clinic.

"We were told that they had received questions that caused them to have concern about their funding buckets from the state", Planned Parenthood representative Kimberly Greene said.

In the federal lawsuit, EMW says their agreements are long-standing, conform to state regulations, and that the notification of any violations came "out of the blue".

Silverthorne testified after making calls to those clinics, women in Kentucky will not have to drive more than 150 miles to find an abortion out of state.

Planned Parenthood of IN and Kentucky joined the suit because it said the same transfer agreements were used to block a license for a facility IN Louisville.

EMW attorneys, joined by those from Planned Parenthood of IN and Kentucky and the ACLU, are relying on the Supreme Court's decision previous year IN the case of Whole Women's Health vs. Hellerstedt.

"The Bevin administration is working diligently to protect the health, welfare and lives of women in Kentucky", said Amanda Stamper, a spokeswoman for the governor. There are many states now controlled by pro-life administrations that must find the courage to follow Kentucky's lead and act swiftly to enforce state laws. In January, the state legislature passed two new laws regulating abortions: The first made it illegal for women to get abortions at or after 20 weeks of pregnancy. The other requires abortion providers to perform an ultrasound prior to the procedure and to describe the fetus in detail to the patient even if she objects (though she is not required to look at the ultrasound images).

They also both said that if they lose, they'll appeal.

Bevin's administration successfully shut down an EMW clinic in Lexington earlier this year over a licensing dispute.

In the 37 years that Dr. Ernest Marshall has been performing abortions in Kentucky, he has seen more than a dozen clinics close in the state. Kentucky is one of seven states - including North Dakota, South Dakota, Missouri, Mississippi, Wyoming and West Virginia - with just one abortion clinic left.

Bevin's attorney, Steve Pitt, argued that the case is not about whether women in Kentucky have the right to an abortion, but whether and to what extent Kentucky has the right to regulate abortion. The Supreme Court ruling also concluded that Texas' regulatory laws offered no benefit in terms of protecting women's health.

They pointed to recommendations from the National Abortion Federation that ask abortion clinics to consider entering into transport and transfer agreements with hospitals and ambulance companies.


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