Florida Board imposes discipline on notorious abortionist Randall Whitney but does not suspend license
ORLANDO, Florida (www.forerunner.com) — The Florida Board of Medicine has given a “slap on the wrist” to Randall Whitney, an abortionist who was arrested in 2011 and charged with aggravated battery for slapping a pregnant woman across the face prior to an attempted abortion procedure at Orlando Women’s Center. (See the full text of the order below.)
Randall Whitney greets pro-life evangelists at James Pendergraft’s EPOC abortion center in Orlando.
Photo credit: Amber Carroll
Eighty-year-old Whitney, who had his license suspended in the 1980s, was also the practicing abortionist in an unrelated 2001 incident that resulted in a $36.7 million lawsuit judgment.
A great irony in this “slap-down” case is that if Randall Whitney had simply slapped a patient, then he would have been charged with no more than a misdemeanor. If he had simply performed an abortion, even though this is child killing, there would have been no consequence. However, Randall Whitney slapped a pregnant woman. In the state of Florida, that is a felony because it endangers an unborn person’s life.
The woman who brought charges against Whitney later alleged that he had offered to pay her $10,000 to fail to show up to the court date. Being a violent drug addict herself, she wound up in the county jail several months later — around the time when Whitney was supposed to appear in court. Ironically, Whitney also missed his court date. A warrant for “failure to appear” was issued and several pro-life evangelists wasted no time in notifying local sheriff of his whereabouts when he showed up late one night.
When the police showed up, the sidewalk team was able to record a cell phone video of Randall being arrested. (See also the enhanced still below.)
The criminal charges against Whitney were later reduced from a felony to a misdemeanor in 2012.
When the case was finally decided by the Florida Board of Medicine on August 12th, 2013, Whitney was reprimanded and received the following disciplinary actions.
An administrative fine of $7,500 and other court costs totaling $8,041.31 to be paid within 30 days from the date this Final Order is filed.
The completion of 3 hours of continuing medical education (CME) in the area of medical ethics and completion of the Laws and Rules course sponsored by the Florida Medical Association (FMA) within one year from the date the Final Order is filed.
Within 90 days from the date of entry of the Final Order, Respondent shall submit to an evaluation by the Professionals Resource Network (PRN) and present the evaluation to the Probation Committee.
Whitney’s medical license status was changed from CLEAR/ACTIVE to OBLIGATIONS /ACTIVE. According to the Florida Department of health this means that
… the licensing board or department has disciplined the licensed practitioner and a penalty, which may include restrictions and/or additional requirements, was placed on the licensed practitioner. The licensed practitioner may practice his/her profession in the state of Florida under the conditions specified by the licensing board or department. Practitioner is obligated to update his/her profile data (FL DOH).
The Forerunner previously reported on this case, Florida DOH recommends suspension of abortionist Randall Whitney’s license, which chronicles the history of the slapping incident.
Some Personal Comments
I have a friend of almost 20 years, Mark Hall, who is featured in the videos above. Mark runs a mobile crisis pregnancy center and does sidewalk ministry at abortion centers across Florida and the nation. Mark and I worked co-belligerently in Melbourne, Florida in the years and months prior to the closing of the only abortion clinic in that city in 2000, Aware Woman Center for Choice. Mark was a faithful witness at the only remaining killing center in Brevard county, WomanCare of Cocoa, until it closed on August 19th, 2005.
Mark has a pro-life ministry in his almost 20-year friendship with 80-year-old Randall Whitney. Mark has prayed for Randall’s conversion unceasingly and meets with him for breakfast or lunch often pleading for him to accept Christ and repent of child killing.
Randall has told Mark on several occasions that if God ever convinced him that abortion was murder that he would quit.
I wish I had Mark’s moxie in his mission of mercy, but I confess I don’t.
Who is the most notorious late term abortionist in America?
While many pro-life news outlets focus on abortion mill chain owner, James Pendergraft, most don’t report that it was Randall Whitney who performed many of the abortions at Pendergraft’s mills that have resulted in lawsuits, fines and license suspensions. Whitney is one of the most notorious late-term abortionists in America, rivaling George Tiller, Steven Chase Brigham, Kermit Gosnell and Leroy Carhart.
Whitney is one of the most preached at, loved-on killers in America. He has heard the Gospel enough times to have no excuse. He knows almost all of the local sidewalk counselors in Orlando by name and has no qualms about sparring with them as he leaves the killing centers where he plies his grisly trade.
This video by Michele Herzog shows Whitney in rare form claiming that even a viable child is not a baby until “it is born and separate from its host.”
God is a compassionate God. The only difference between you and I and those who profit from child killing in the second and third trimester – at prices up to several thousand dollars per procedure – is the grace of God. While it is easy to be angry at this man, I pray that God’s grace will lead him to repentance.
Randall turned 80-years-old on July 13th, 2013. His court date before the Supreme Judge of the Universe is coming soon.
Editor’s Note: While I applaud the efforts of pro-life news blogs around the country for shining the light on Whitney and Pendergraft, due to the confusing and tangled nature of this legal history, there is much misinformation in these reports. Notable among these repeated gaffes are the frequent reports that Pendergraft is currently offering coupons for abortions on Sundays; that he performed the 2001 abortion resulting in the $36.7 million lawsuit; and that his most recent two suspensions were due to a botched abortion in 2006. I’ve tried to chronicle the history of Pendergraft accurately here for those seeking to correct these mistakes: The Tangled Legal History of James Pendergraft.
A Brief Bio of Randall Brooks Whitney
Randall Whitney is a circuit rider abortionist for James Pendergraft’s Women’s Center mills in Orlando and Ocala specializing in 2nd trimester abortions. Whitney has testified to the Florida Department of Health and also during a civil lawsuit hearing that babies are sometimes born alive and left to die in James Pendergraft’s abortion clinics where he works.
He served a suspension in the 1980s for a malpractice incident. After that time, he began doing abortions more or less full-time.
In the mid-1990s, he tried to open a second abortion clinic in Melbourne in competition with Aware Woman. When pro-lifers discovered this, they leafleted the 5-story river-front office building where Whitney had signed a lease telling all the tenants that Whitney was an abortionist. Discovering that Whitney had lied about the nature of his business, and being very pro-life themselves, the building owners canceled his lease. In
November 2001 – Carol Howard, a patient of Whitney’s delivers a child who lived with massive birth defects after a failed abortion.
May 2004 – Carol Howard files a civil lawsuit against Randall Whitney, Pendergraft, and the Orlando Women’s Center.
May 2005 – An investigation by the Agency for Health Care Adminsitration reveals testimony from clinic workers and police that babies are sometimes born alive at Oralndo Women’s Center. Whitney seems to have been the “physician” who testified that babies sometimes “twitter” when they are born alive into toilets in the abortion center.
February 2006 – Pro-life activists are alerted by emails from someone claiming to be a clinic worker employed by Whitney in Daytona Beach alleging he was violent, disobeyed medical laws, and caused young boys to be disfigured after routine circumcisions.
September 2006 – Whitney closes down his own clinic, Family Planning Center, in Daytona Beach, rather than comply with state regulators. Whitney goes back to doing abortions on-the-road.
March 2010 – Whitney is arrested at Orlando Women’s Center for aggravated battery after slapping a patient while she was on the operating table.
September 2010 – Whitney is taken out of the Orlando Women’s Center abortion clinic in handcuffs by the police. This time it is on a warrant issued because he did not show up for a court hearing. The police are tipped off by two sidewalk counselors who knew about the warrant and noted that Whitney had been sleeping in his car in the OWC parking lot. This is the second time in six months that Whitney has been arrested while on duty at the abortion clinic.
July 2011 – A Florida jury awards $36,766,000 in damages to Carol Howard, to provide funding for lifetime care of “JH,” who was severely harmed as a result of being born alive after a botched abortion that occurred at Orlando Women’s Center in 2001.
Perhaps the most interesting part of the trial testimony is when Randall Whitney, the abortionist on duty at the time, speaks cavalierly and without being prodded about babies being born alive into the toilet.
Although Whitney has declared bankruptcy and avoided judgment in the $36.7 million lawsuit, he is also the defendant in two other malpractice lawsuits in 2011 and 2012, Darosa vs. Whitney, et al, and Uzzle vs. Whitney, et al.
See more of the tangled legal history of Randall Whitney in this list of related articles:
- Women's Rights Fuels Director Of Abortion Clinic, 5/28/1989
- Abortion Clinic Loses Bid To Open, 9/20/1995
- Abortion Plan Gets Close But Loses Again, 11/10/1995
- Doctor May Take City To Court Over Abortion Center
- Abortion Doctor Sues Over Office
- Lawyer: Orlando Protected From Lawsuit In Clinic Case
- Judge Hears Abortion Doctor's Zoning Dispute, 1/6/1996
- Doctor Seeking Abortion Office Gets Hearing
- Doctor Wins Round In Fight Over Abortion
- Abortion Practice Blocked, 3/12/1996
- Orlando To Allow Abortion Facility, 3/15/1996
- Abortion Doctor Accepting Patients In Orlando
- Doctor In Orlando Can Do 2nd-trimester Abortions, 4/19/1996
- Doctor To City: Let's End Fight
- Abortion Doctor Says Settle Suit Or Lose Millions
- Abortion Doctor May Get $325,000
- City Okays $325,000 For Abortion Doctor
- Who Stands To Profit?
- Operation Rescue Mission, 1/8/1998
- Ocala Resists Abortion Clinic, 3/1/1998
- Abortion Clinic To Open Next Week In Ocala
- Doctor Who Sued Orlando Opening Abortion Clinic
- Abortion Clinic Owner Seeks Protection In Suit
- Physician sues city, county, 12/11/1998
- Matter of choice
- Lawyer brings quest to Florida, 3/17/1999
- Doctor seeks court injunction to protect privacy
- Owner Of Abortion Clinic Not Bothered By Protests
- Judge rules police must protect abortion clinic, 4/28/1999
- Judge: Off-duty Police Can Guard Clinics
- Police security prices up
- The Specialist, 6/1/1999
- Another case against Melbourne pro-lifer dismissed
- Federal judge discontinues clinic's lawsuit, 12/23/1999
- Abortion doctors' suit thrown out, 12/24/1999
- Honoring "Little Mary" and Other Disposable Babies
- Clinic owner indicted for extortion, 6/15/2000
- Orlando Abortion Doctor Indicted
- Where is Roy Lucas?
- Abortionist denies extortion charges
- James Pendergraft: "I Am Not A Criminal"
- FBI videotape allowed in Pendergraft case
- About Extortion or Abortion? 10/9/2000
- Judge gives psych evaluation thumbs-down
- Extortion Case Delayed, 12/12/2000
- Extortion trial start postponed
- Pendergraft trial begins, 1/3/2001
- Testimony Begins in Pendergraft Trial
- Prosecutor: Abortion Doctor Tried To Get Payoff
- Cretul testifies at Federal trial
- Jury Hears Taped Pitch To Make Deal
- Attorney challenges Cretul's testimony
- Commissioner Testifies
- Judge recesses Pendergraft trial
- Jurors Watch Abortion Doctor Video
- Local attorney testifies at Pendergraft trial
- FBI agents testify during Pendergraft trial
- Defense attorney: FBI probe of abortion doctor was 'attempted entrapment'
- Judge says testimony irrelevant
- Spielvogel takes stand in Pendegraft trial
- Co-defendant Takes Blame In Abortion Clinic Case
- Lies are revealed at Pendergraft trial
- Abortionist: Adviser Misled Me
- Pendergraft takes the stand
- Clinic Needed Protection, Doctor Says
- Pendergraft saw possible 'conspiracy'
- Doctor Defends Payments To Adviser
- Pendergraft trial starts closing arguments
- Pendergraft lawyer charges racial overtones
- Pendergraft extortion trial jury returns, 2/1/2001
- Verdict Won't Close Clinics, Doctor Vows
- Jury convicts Pendergraft, Spielvogel, 2/2/2001
- Pendergraft sentenced to 46 months, 5/25/2001
- Pendergraft's Appeal Alleges Racism
- Pendergraft denied appeal bond, 6/21/2001
- Pendergraft serves 46 month sentence
- Letter From Imprisoned Abortionist James Pendergraft, 8/13/2001
- Doctor Is Let Out Of Prison, For Time Being, 2/28/2002
- Conviction Of Florida Abortionist Is Overturned, 7/17/2002
- Roy Lucas, Roe v. Wade Lawyer, Dies at 61
- Pendergraft Pleads Not Guilty To Last Count Of Extortion, 5/12/2004
- Pendergraft Admits To Deception For Associate
- Abortion Clinic 911 Emergency Calls - Baby Rowan
- Board won't discipline doctor, 4/9/2006
- State bars abortions at 2 clinics in Orlando, 8/17/2006
- Action limits abortion options
- State of Florida suspends abortionist James Pendergraft, 8/19/2006
- Abortionist Pendergraft: Restore license
- Three abortion clinics can open, 8/25/2006
- Abortion Clinic 911 Emergency Calls (3 of 4)
- State refuses to restore abortionist Pendergraft's medical license, 12/1/2007
- Late abortion results in fine, suspension, 12/1/2007
- Abortion Clinic 911 Calls - Baby Rowan (Revisited)
- 22 Weeks premiere in Orlando
- 22 Weeks Premiere: Baby born alive after failed abortion!
- Late-term Abortionist Pendergraft loses license suspension appeal, 7/4/2009
- Can a pro-life video save unborn children?
- Orlando Abortionist Randall Whitney arrested for aggravated battery
- Suspended abortionist James Pendergraft suspended again, 8/11/2010
- Report: Central Florida abortionist receives fourth suspension, 8/11/2010
- Pro-life Activism
- Abortion Clinic 911 Emergency Calls - Baby Rowan
FILED DATE: AUG 13 2013
Department of Health
DOH CASE NO.: 2010-18780 LICENSE NO.: ME0008859
STATE OF FLORIDA BOARD OF MEDICINE DEPARTMENT OF HEALTH, Petitioner,
RANDALL B. WHITNEY, M.D., Respondent.
THIS CAUSE came before the BOARD OF MEDICINE (Board) pursuant to Sections 120.569 and 120.57(2), Florida Statutes, on August 2, 2013, in Deerfield Beach, Florida, for consideration of the Administrative Complaint (attached hereto as Exhibit A) in the above-styled cause pursuant to Respondent’s Election of Rights. At the hearing, Petitioner was represented by Yolanda Green, Assistant General Counsel. Respondent was present and represented by William Furlow, Esquire. The facts are not in dispute.
Upon consideration, it is ORDERED:
1. The allegations of fact set forth in the Administrative Complaint are approved and adopted and incorporated herein by reference as the findings of fact by the Board.
2. The conclusions of law alleged and set forth in the Administrative Complaint are approved and adopted and incorporated herein by reference as the conclusions of law by the Board.
3. The violations set forth warrant disciplinary action by the Board.
THEREFORE, IT IS HEREBY ORDERED AND ADJUDGED:
1. Respondent shall pay an administrative fine in the amount of $7,500.00 to the Board within 30 days from the date the Final Order is filed. Said fine shall be paid by money order or cashier’s check.
2. Respondent shall document the completion of 3 hours of continuing medical education (CME) in the area of medical ethics within one year from the date the Final Order is filed. These hours shall be in addition to those hours required for biennial renewal of licensure. Respondent shall first submit a written request to the Probation Committee for approval prior to performance of said CME course(s). Unless otherwise approved by the Board or the Chairperson of the Probation Committee, said continuing education courses shall consist of a formal live lecture format.
3. Respondent shall document completion of the Laws and Rules course sponsored by the Florida Medical Association (FMA) within one year from the date the Final Order is filed.
4. Within 90 days from the date of entry of the Final Order, Respondent shall submit to an evaluation by the Professionals Resource Network (PRN) and present the evaluation to the Probation Committee. The Board reserves jurisdiction in this matter to impose conditions and/or restrictions on Respondent’s practice, including but not limited to a period of probation, based upon the evaluation and recommendations of PRN.
5. Respondent shall be and hereby is REPRIMANDED by the Board.
RULING ON MOTION TO ASSESS COSTS
The Board reviewed the Petitioner’s Motion to Assess Costs and imposes the costs associated with this case in the amount of $8,041.31. Said costs are to be paid within 30 days from the date this Final Order is filed.
(NOTE: SEE RULE 64B8-8.0011, FLORIDA ADMINISTRATIVE CODE. UNLESS OTHERWISE SPECIFIED BY FINAL ORDER, THE RULE SETS FORTH THE REQUIREMENTS FOR PERFORMANCE OF ALL PENALTIES CONTAINED IN THIS FINAL ORDER.)
This Final Order shall take effect upon being filed with the Clerk of the Department of Health.
DONE AND ORDERED this 12th day of August 2013.
BOARD OF MEDICINE
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