Kentucky Files Lawsuit Against Abortion Clinic for Doing Abortions Without a License

State   |   Micaiah Bilger   |   Mar 4, 2016   |   7:53PM   |   Frankfort, KY

A second Kentucky abortion clinic is facing a lawsuit this month after state inspectors discovered it was doing abortions without a license.

This week, Kentucky pro-life Gov. Matt Bevin’s administration filed a lawsuit against the EMW Women’s Clinic in Lexington after discovering the unlawful abortion practice as well as unsanitary conditions inside the facility, according to the Courier Journal.

In February, the state also sued a new Planned Parenthood abortion facility in Louisville after catching it doing abortions without a license, LifeNews reported. Planned Parenthood’s lawyer contends that former pro-abortion Gov. Steve Beshear’s administration gave the abortion facility the OK to do abortions without a license, and he wants the lawsuit to be dismissed.

The state filed the second lawsuit against EMW’s abortion business this week in court. The report continues:

Bevin has described himself as “unapologetically pro-life.” But both lawsuits say the health and safety of patients are the primary concern for suing the abortion clinics.

Vickie Yates Brown Glisson, secretary of the state Cabinet for Health and Family Services, said the EMW clinic in Lexington was operating without a license or the required “transfer agreement” with an ambulance service to take patients to a hospital in the event of an emergency.

Further, she said, a recent inspection found the clinic to be “unsanitary” and that it had not been inspected since 2006.

… While EMW of Lexington did have an agreement with a local hospital, it did not have an adequate agreement with an ambulance service, putting the health of patients at risk, the lawsuit said.



The lawsuit against EMW, filed Wednesday in Fayette Circuit Court by M. Stephen Pitt, general counsel to Bevin, asks a judge to order EMW to cease performing abortions at the Lexington clinic and to impose fines of up to $10,000 per day for every violation.

The lawsuit said the cabinet’s Office of Inspector General visited the EMW clinic on Feb. 17 after receiving an anonymous complaint.

According to the lawsuit, the state inspectors found a “significant quantity” of expired medication, including a vial of Normal Saline and a bottle of potassium hydroxide solution that expired in 1997, WKYT reported. Investigators also discovered bags and a portable oxygen tank that were covered in dust, dirt and grime, according to the report. The last cleaning date on an autoclave machine, which is supposed to be cleaned weekly, read Oct. 9, 2015, according to the lawsuit.

The lawsuit also says the abortion clinic tried to pass itself off as a physicians office, but state investigators discovered that it was only doing abortions and abortion-related procedures.

Michael Aldridge, an American Civil Liberties Union representative from Kentucky, dismissed these findings and claimed the lawsuit was evidence of “an increasingly hostile climate around access to abortion in our commonwealth.”

Lexington attorney Scott White, who represents the abortion business, told the Herald Leader that EMW is operating legally and has been since 1989. The report states that private physicians in Kentucky can qualify for a licensure exception to perform abortions.

According to the report, the EMW abortion group currently operates the only active abortion clinics in Kentucky, after the state shut down Planned Parenthood’s abortion operation in January.

After announcing the first lawsuit filed against the Planned Parenthood facility, Gov. Bevin called out the abortion business for “callous and knowing violations of the law.”

“This administration will have no tolerance for the type of brazen disregard that Planned Parenthood has shown for both the safety of women and the rule of law,” Bevin continued. “We will hold Planned Parenthood accountable for knowingly endangering their patients by providing illegal abortions at a facility that was not properly licensed nor prepared to handle an emergency.”

Kentucky Right to Life President Margie Montgomery previously praised Gov. Bevin’s administration for taking action against Planned Parenthood. She said her pro-life organization will continue to work hard to offer women and their babies safe and loving alternatives to abortion.

“We are grateful to Governor Bevin and his administration for holding abortion providers in the commonwealth to established legal and medical standards. If Planned Parenthood in Louisville was performing illegal abortions without a license and subjecting women to grave risks by not having the hospital and ambulance transfer agreements, they should be held accountable,” Montgomery said.

“It appears to us that there was a rush to begin taking the lives of unborn children before the new administration was in place. Why else would the prior administration’s OIG allow Planned Parenthood of Indiana and Kentucky in Louisville to start performing abortions without an official license, or the required transfer agreements with local hospitals and ambulatory care. Officials in the prior administration entrusted with protecting the public health appear to have shirked their grave responsibilities when dealing with women’s health and innocent human lives” added Michael Janocik, Legislative Agent for Kentucky Right to Life.