License Denied to Dangerous Birmingham Abortion Clinic

In January 2012, several women were critically injured at the New Woman All Women abortion facility owned and operated by Diane Derzis. As a result, the Alabama Department of Public Health (ADPH) conducted a thorough investigation and issued a 76 page report noting numerous deficiencies at the facility. The ADPH revoked Diane Derzis’ medical license and ordered Derzis to cease performing abortions at NWAW in May of this year. Marianne Rain-Water, a close friend and associate of Derzis, applied for a license and attempted to keep NWAW in the abortion business. Fortunately for the safety of women in Birmingham, the ADPH denied Rain-Water’s license request in large part because it violated the terms of the revocation agreement reached with Derzis.

Rain-Water appealed the license denial. In June, an administrative law judge heard the appeal and took the matter under submission. On September 12, 2012, the judge recommended that the decision by the ADPH to deny Rain-Water’s license application be upheld. That recommendation is now under review by the State Health Officer for final administrative order. The recommendation is a key victory in keeping the doors of NWAW closed for good.

Despite the order to cease performing abortions at the facility, NWAW is still advertising abortion services both on its website and on its voicemail. LLDF compiled evidence of these advertisements and presented it to the Alabama Office of the Attorney General, Consumer Protection Division. NWAW’s false and misleading business practices are unlawful under Alabama law and continue to endanger women’s lives. According to the Alabama Deceptive Trade Practices Act, it is illegal to advertise goods or services with the intent not to sell them. NWAW is legally prohibited from performing abortions and has no business advertising such services. LLDF is asking for a thorough investigation into these violations and asking the Attorney General’s Office to hold Derzis accountable.

Please see previous article on this case.