Quote:
Doctor in abortion clinic case surrenders license
7/3/2008, 5:03 p.m. ET
By DESIREE HUNTER
The Associated Press
MONTGOMERY, Ala. (AP) — A Georgia doctor who worked at a Birmingham abortion clinic that was shut down for glaring health violations surrendered her Alabama medical license, a move that stopped a state investigation of her actions.
But Dr. Deborah Lyn Levich, who worked at the now-defunct Summit Medical Center, remains a key figure in the criminal case against a nurse accused of recklessly performing abortions at Summit.
Levich's license had been inactive since early 2007 but she could have reinstated it at any time, said Larry Dixon, executive director of the Alabama Board of Medical Examiners.
Dixon, who also is a state senator, said Levich could request a hearing to start the process to get her license back, but added: "That's not going to happen. She doesn't want to come back here."
Levich remains licensed in Georgia. Dixon said she opted to voluntarily surrender her Alabama license and certificate of qualification in March, effectively ending the board's investigation and keeping its findings from being released to the public.
Levich was out of town Thursday and did not immediately return a call and e-mail for comment.
Meanwhile, misdemeanor charges are still pending against nurse Janet F. Onthank King, who was accused of wrongfully performing abortions at Summit without Levich's oversight. The case has been delayed pending an appeals court decision on evidence that could be pivotal for the defense: an agreement that allowed King to administer certain medications in Levich's absence.
A circuit judge ruled the collaborative agreement between King and Levich could be allowed as evidence. But prosecutors appealed, saying the agreement is irrelevant because the state's Women's Right to Know Act says abortions can only be performed by doctors.
The issue is pending before the Alabama Court of Criminal Appeals.
King's lawyer, Richard Jaffe of Birmingham, said he expects the agreement with Levich to come up in the trial.
"I was not only surprised that Janet was charged, I was particularly puzzled over the fact that she was the only one charged," he said Thursday.
Levich was working at Summit when it was closed in June 2006 after an investigation by the Alabama Department of Public Health revealed "egregious lapses in care," including abortions being done without a doctor being present.
Investigators said a Summit nurse gave a pregnant woman the RU 486 abortion drug even though her blood pressure was too high and the baby was nearly full-term. The woman later went to an emergency room and delivered a 6-pound, 4-ounce stillborn infant.
King, who is a registered nurse and certified nurse practitioner, was serving as the clinic's medical director at the time and was later charged with three misdemeanors: Two counts of knowingly or recklessly performing abortions as a non-physician, and a third for making false entries into equipment sterilization reports.
"Right now we're just focusing on her. She's charged with giving the drugs to the woman," said Assistant Attorney General Cheairs Porter, who is prosecuting the case.
The Summit case cast light on a rash of problems at abortion clinics in Alabama and led to increased inspections at the clinics, some of which hadn't been reviewed in more than five years.
Two Montgomery clinics, Reproductive Health Services and Beacon Women's Center — which is owned by Summit — were put on probation in the aftermath along with New Women All Women Health Care in Birmingham, but all emerged from that status.
Health officials also made several changes in rules for abortion clinics, saying stricter standards would improve women's health care.
Dixon said he believes the changes have improved the level of care for women.
"Those clinics are going to wind up being more careful," he said.
7/3/2008, 5:03 p.m. ET
By DESIREE HUNTER
The Associated Press
MONTGOMERY, Ala. (AP) — A Georgia doctor who worked at a Birmingham abortion clinic that was shut down for glaring health violations surrendered her Alabama medical license, a move that stopped a state investigation of her actions.
But Dr. Deborah Lyn Levich, who worked at the now-defunct Summit Medical Center, remains a key figure in the criminal case against a nurse accused of recklessly performing abortions at Summit.
Levich's license had been inactive since early 2007 but she could have reinstated it at any time, said Larry Dixon, executive director of the Alabama Board of Medical Examiners.
Dixon, who also is a state senator, said Levich could request a hearing to start the process to get her license back, but added: "That's not going to happen. She doesn't want to come back here."
Levich remains licensed in Georgia. Dixon said she opted to voluntarily surrender her Alabama license and certificate of qualification in March, effectively ending the board's investigation and keeping its findings from being released to the public.
Levich was out of town Thursday and did not immediately return a call and e-mail for comment.
Meanwhile, misdemeanor charges are still pending against nurse Janet F. Onthank King, who was accused of wrongfully performing abortions at Summit without Levich's oversight. The case has been delayed pending an appeals court decision on evidence that could be pivotal for the defense: an agreement that allowed King to administer certain medications in Levich's absence.
A circuit judge ruled the collaborative agreement between King and Levich could be allowed as evidence. But prosecutors appealed, saying the agreement is irrelevant because the state's Women's Right to Know Act says abortions can only be performed by doctors.
The issue is pending before the Alabama Court of Criminal Appeals.
King's lawyer, Richard Jaffe of Birmingham, said he expects the agreement with Levich to come up in the trial.
"I was not only surprised that Janet was charged, I was particularly puzzled over the fact that she was the only one charged," he said Thursday.
Levich was working at Summit when it was closed in June 2006 after an investigation by the Alabama Department of Public Health revealed "egregious lapses in care," including abortions being done without a doctor being present.
Investigators said a Summit nurse gave a pregnant woman the RU 486 abortion drug even though her blood pressure was too high and the baby was nearly full-term. The woman later went to an emergency room and delivered a 6-pound, 4-ounce stillborn infant.
King, who is a registered nurse and certified nurse practitioner, was serving as the clinic's medical director at the time and was later charged with three misdemeanors: Two counts of knowingly or recklessly performing abortions as a non-physician, and a third for making false entries into equipment sterilization reports.
"Right now we're just focusing on her. She's charged with giving the drugs to the woman," said Assistant Attorney General Cheairs Porter, who is prosecuting the case.
The Summit case cast light on a rash of problems at abortion clinics in Alabama and led to increased inspections at the clinics, some of which hadn't been reviewed in more than five years.
Two Montgomery clinics, Reproductive Health Services and Beacon Women's Center — which is owned by Summit — were put on probation in the aftermath along with New Women All Women Health Care in Birmingham, but all emerged from that status.
Health officials also made several changes in rules for abortion clinics, saying stricter standards would improve women's health care.
Dixon said he believes the changes have improved the level of care for women.
"Those clinics are going to wind up being more careful," he said.
