The LA Times Reporting:
Doctor barred from surgeries allegedly caught violating order
An undercover investigator says Dr. Andrew Rutland advised her to have a chemical abortion. The lawyer for Rutland, disciplined after an abortion patient’s death, says he performed no surgeries.
By Lisa Girion
February 18, 2010
Less than a month after Dr. Andrew Rutland was barred from performing surgeries after an abortion patient’s death, state medical authorities say they caught the physician in an undercover sting apparently violating the court order.
For the second time in as many months, state officials are seeking the immediate suspension of the Chula Vista physician’s license. A hearing is set for Thursday in San Diego. Rutland could not be reached for comment.
His lawyer, Paul M. Hittelman, said Rutland did nothing to violate the court’s order.
“It’s not asserted that he was doing any surgical procedures,” said Hittelman, adding that Rutland’s physician daughter performed those procedures.
On Jan. 7, Administrative Law Judge James Ahler stopped short of granting the request by lawyers for the Medical Board of California, deciding instead to temporarily limit his practice until a full hearing could be held. One potential problem for the state was proving that Rutland posed an immediate danger — given that it took five months to bring its case.
This time, lawyers for the medical board will present evidence of a sting operation hatched a couple of days after the January hearing.
At that time, in response to a request from Rutland’s lawyer seeking clarification of the no-surgery order, the judge amended it to specifically ban him from performing “first trimester abortions and endometrial curettage procedures.”
Two weeks later, Medical Board investigator Carmen Aguilera-Marquez made an appointment for an abortion at A Women’s Choice Family Planning Clinic in Chula Vista. She used an undercover alias and brought a urine sample from a pregnant woman.
At the clinic, she saw Rutland in a room through an open door standing by a woman lying on an examination table, according to a petition filed by the board. The patient’s legs were bent, and Rutland was looking into the patient’s cervical area, she said.
She spoke with a friend of the patient who told her that the woman was there for a “chemical abortion,” a spontaneous miscarriage induced with pills inserted by a physician, she said in the petition.
Later, when she was asked to undergo a pregnancy test, the investigator went into a bathroom and filled the cup with urine she brought with her, she said.
Rutland determined she was seven weeks pregnant. He said his physician daughter performs surgical abortions but was not in that day, she said, and advised that she allow him to do a chemical abortion.
The investigator insisted on a surgical procedure, and an appointment was scheduled for another day, she said in the petition.
Dr. Jessica Kingston, an expert physician retained by the medical board, said in the petition that by counseling the patient and “being ready, willing and capable of prescribing the necessary medications for an abortion, and determining whether the patient was a candidate for a medical abortion, Dr. Rutland is performing first trimester abortions.”
“We believe nothing was done that would violate the order as amended or in its original form, for that matter,” Hittelman said. Rutland was accused in December of negligence in attempting to perform a high-risk, second-trimester abortion in an ill-equipped and unsanitary back room of an acupuncture clinic in San Gabriel.
The patient, 30-year-old Ying Chen, fell into a coma and eventually died from a toxic reaction to a drug Rutland administered, the autopsy report said.
At the time, Rutland was on probation and practicing under another physician’s supervision. The medical board acknowledged this month that it violated its own rules by allowing Christopher Dotson Jr., a Los Angeles doctor with a spotty disciplinary record of his own, to serve as Rutland’s monitor.
Rutland first surrendered his license in 2002 in a high-profile case involving the deaths of two infants. In 2007, Rutland convinced the board that he had been rehabilitated and regained his license.
Previous Stories: California Abortionist to face medical board after death of abortion patient
Abortion doc banned from doing abortions after death of patient, retains license to practice medicine
And : California: Abortion doc with dead patient monitored by abortion doc with dead patient, huh?
And: Allegations Of Molestation, Negligence Haunt Chula Vista Abortion Clinic
Here is what Operation Rescue wrote:
Abortionist Rutland Caught Doing Abortions In Violation of Suspension
February 18, 2010 at 4:52 pm
Operation Rescue’s own undercover sting recording submitted to the Board as evidence of illegal activity
Chula Vista, CA – The California Medical Board has asked for the emergency suspension of Andrew Rutland’s medical license after an undercover sting conducted by Board investigators caught him doing first trimester chemical abortions even though he has been banned from the procedure.
Rutland was scheduled to appear before a judge in San Diego County this afternoon.
Rutland’s license was only partially suspended on January 7, 2010, after Ying Chen died from a backroom abortion at a dirty, ill-equipped acupuncture clinic in San Gabriel as a result of a botched second trimester abortion done by Rutland. He was banned from surgery and from doing abortions.
Subsequently, Rutland asked for permission to continue doing first trimester abortions, but on January 12, the Board issued a clarification specifically banning him from doing them.
Independently from the Medical Board, Operation Rescue conducted an undercover sting of its own on February 3, 2010, wherein a woman posing as a potential abortion customer received an appointment for a surgical abortion with Rutland for later that day.
Operation Rescue immediately contacted the Medical Board and submitted a copy of the recorded conversation.
Listen to the call
Rutland’s attorney told the LA Times that Rutland’s daughter was actually doing the surgical abortions, but in the call made by Operation Rescue, the receptionist “Rhea” indicated that the caller’s appointment would be with Dr. Rutland, referring frequently to “him.” There was no mention of another physician.
“For the second time in two months, the California Medical Board is asking for the suspension of Rutland’s full license because of the danger he poses to the public,” said Operation Rescue President Troy Newman. “We pray this time they get it. We will continue to work though all legal channels available to us until he is out of the abortion business for good.”
Rutland has a long and troubled history. Rutland’s license had been previously revoked in 2003, after his negligence caused the death of a wanted baby during childbirth. Rutland lied to the parents about the child’s cause of death. At that time he was on probation for the deaths of two other infants. In 2007, Rutland’s license was reinstated.
He took over a Chula Vista abortion clinic from abortionist Nolan Jones, who had his license revoked in March, 2009, for violations ranging from botched abortions to fraud. Jones had replaced unlicensed abortionist Bertha Bugarin, who is serving nearly 7 years in state prison for illegal abortions. Bugarin had stepped in after abortionist Phillip Rand surrendered his medical license due to his part in killing a woman during a botched abortion in Santa Ana in 2004.
“We pray that Rutland is the last abortionist in this cycle of abuse of women through illegal and unsafe abortions, and that this clinic will never be allowed to reopen,” said Newman.