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Vasterling responds to Schaefer, Sanctity of Life Committee inquiry

JEFFERSON CITY, Mo. – Director of the Department of Health and Senior Services Gail Vasterling responded Friday to a request made by Sen. Kurt Schaefer, the chair of the Sanctity of Life Committee.

The two came to a verbal, but heated, disagreement earlier this month when Vasterling refused to name the hospital that had an agreement with the physician overseeing surgical procedures at the Columbia Planned Parenthood affiliate as required by state statute.

Vasterling
Vasterling

In the letter to Sen. Schaefer, Vasterling explains that Chapter 197.215.1 § 2, RSMo. does not apply to facilities or health care centers that are not performing surgeries or are not licensed to perform surgeries.

“This section regulates conduct at licensed ambulatory surgical centers by limiting the circumstances in which surgical procedures can be performed,” she wrote. “It requires that surgical procedures be performed only by physicians who have surgical privileges at a hospital in the community, unless there is a working agreement with a hospital in the community guaranteeing transfer and admittance of patients for emergency treatment. But this section does not, as a prerequisite for issuance of an ambulatory surgical center license, require that a facility have a physician on staff with surgical privileges or a working agreement with a licensed hospital in the community, if no surgical procedures are being performed there.”

Vasterling also offered documented correspondence between the Columbia Planned Parenthood affiliate’s health center manager, Vicki Casey, and John Langston of the Bureau of Ambulatory Care (BAC). The letters indicate that both parties acknowledged that surgeries would not be taking place at the facility without further inspection.

The initial letter, written by Langston and dated April 3, 2015, indicates the reasons why the Planned Parenthood affiliate was not licensed after its initial onsite licensure survey, including a mention that “[a]s equipment for surgical procedures has not been purchased and is not onsite, the facility is not currently prepared to provide those surgical services. BAC will need to revisit prior to permitting surgical procedures. Therefore, the license, when issued will only approve the facility for medication-induced procedures.”

Casey acknowledged this in her responding letter.

“We are aware that we will only be approved for medical abortion procedures at this time,” she wrote. “We understand that BAC will need to revisit the facility prior to our offering surgical procedures.”

Casey also addressed the BAC’s other concerns with the facility, including the credentials and privileges of Dr. Colleen McNicholas, the physician performing the medical abortions at the Columbia affiliate who has refer and follow privileges with the University of Missouri Hospital, and a waiver/variance request regarding the size of a procedure room based on services provided and workload expected.

Schaefer
Schaefer

Unfortunately for Vasterling, Schaefer still finds her explanation insufficient.

“She is relying on bad legal advice,” he said Monday. “The physician privileges are a requirement to get the license, and DHSS has no legal authority to grant a conditional license for medical abortions. Also, she does say the refer and follow privileges granted by MU are what the DHSS relied on to issue the license for medical abortions. MU needs to get out of the abortion business.”

The University of Missouri, as a public institution that receives public funding, cannot directly fund an abortion procedure. In a separate letter to Schaefer, Chancellor R. Bowen Loftin noted that while the university had made agreements in the past with Planned Parenthood, those agreements revolved around providing practical experience for students and residents in regards to women’s health. He was also careful to note those experiences did not involve pregnancy terminations.