Kansas Laws

Summary of Kansas Laws Regarding Reproductive Health Care

Anti-Abortion Laws – 2014 Statutes

last updated: October 2015

Chapter 40 — Insurance; Article 2 — General Provisions

–   K.A.S. 40-2,190 (abortion coverage): insurance plans issued on or after July 1, 2011 will excludes and limits coverage for elective abortions. Elective is defined as an abortion for any reason other than to prevent the death of thee pregnant woman

Chapter 65 — Public Health; Article 4 — Hospitals and other Facilities

–    K.S.A. 65-443 (pregnancy termination): allows individuals to refuse to perform or participate in medical procedures that result in the termination of a pregnancy and protects them from termination of employment or civil liability by any hospital or individual because of this refusal

–    K.S.A. 65-444 (medical care facility abortion refusal): hospitals, medical care facilities, hospital administrators or governing boards are not required to permit the performance, referral for, or participation in anything that terminates a pregnancy. Furthermore, refusal to permit abortion shall not be grounds for civil liability.

–    K.S.A. 65-445 (pregnancy termination): medical facilities must keep written records of all pregnancies that were lawfully terminated

–    K.S.A. 65-446 (sterilization): individuals can refuse to perform or participate in medical procedures that result in the sterilization of a person. This act also protects these individuals from termination of employment by any hospital because of this refusal

–    K.S.A. 65-447 (medical care sterilization refusal):  hospitals, medical care facilities, hospital administrators or governing boards are not required to permit the performance, referral for, or participation in anything that results in sterilization. Furthermore, refusal to permit sterilization shall not be grounds for civil liability

Chapter 65 — Public Health; Article 67 —Abortion

–    K.S.A 65-6701 (definitions): defines important terms in abortion discourse, including:

–    Abortion: to intentionally terminate a pregnancy by any means with an intention other than to increase the probability of a live birth or to remove a fetus that died in the uterus from natural causes.

–    Bodily Function: physical — non mental or emotional — functions

–    Counselor: a person who is licensed to practice medicine, professional counseling, social work, marriage and family therapy, or someone who is currently an ordained member of the clergy or any religious denomination. Does not include those who perform or induce or assist with abortions.

–    Fertilization: the fusion of sperm and egg cell

–    Gestational age: time since the first day of a woman’s last menstrual period

–    Medical Emergency: a condition that necessitates an immediate abortion of a pregnant woman in order to prevent death or irreversible physical impairment of a major bodily function

–    Minor: a person under the age of 18 years

–    Pregnancy: the female reproductive condition of having an unborn child in the mother’s body

–    Viable: the stage of fetal development when it is judged to be reasonably probably that the life of the child can be continued outside of the mother’s womb with natural or artificial life support methods

–    K.S.A. 65-6702 (birth control/fertilization drugs/devices): deems the use of drugs or devices that prevent ovulation, fertilization or implantations (ex — birth control) lawful

–    K.S.A. 65-6703 (abortion of viable unborn child): restricts and prohibits abortion when an unborn child is considered viable

–    K.S.A. 65-6704 (abortion upon minor): specifies counseling requirements for a minor seeking an abortion. Information given to the minor includes alternatives to abortion, explanation that the minor can change her mind any time before the abortion performed, and a discussion of the involvement of the minor’s parent(s) or guardian.

–    K.S.A. 65-6705 (written consent): criminalizes the performance of an abortion on a minor by a physician without first obtaining written consent of either both parents or the minor’s legal guardian, or without evidence that a court has waived the notification requirement.

–    K.S.A 65-6707 (severability clause): if a court of law finds that one part of K.S.A. 65-6705 is invalid, the rest of the law will not be rendered invalid

–   K.S.A. 65-6708 (Woman’s Right-to-Know-Act): citation

–    K.S.A. 65-6709 (informed consent): requires a certain procedure be followed before women can obtain an abortion, and states the requirements for an abortion to be “informed” and “voluntary.” At least 24 hours before the abortion, the physician must provide in writing information including:

–    their name

–    a description of abortion method

–    risks

–    gestational age of fetus to make sure it is not viable

–    information for free counseling services and perinatal hospice care

–    medical assistance benefits

–    the informational materials in K.S.A. 65-6710

–    that the father of the fetus is liable to assist in support (if rape, can omit)

–    that she can withhold/withdraw consent at any time prior to the abortion

–    30 minutes before the abortion, the woman must meet privately with physician for a chance to ask any questions. She must then certify in writing that she was given all of the information. During this time, the physician must also inform her that she has a right to listen to the fetal heartbeat (at no extra cost) has the right to view and receive a physical picture of ultrasound image (at no extra cost). All of this must be certified in writing by the woman, and the documents must be kept for 10 years.

–    Lastly, an abortion provider must post a sign that states no one can legally force you to have an abortion unless it is a medical emergency

–    K.S.A. 65-6710 (materials and information): specifies what kinds of materials are to be distributed by the department of health and environment at no cost to patients. They include:

–    information about public and private perinatal care

–    printed materials on fetal development

–    the certificate that both the physician and patient must sign to certify that the K.S.A. 65-6709 (Woman’s Right-to-Know Act) requirements were met

–    K.S.A. 65-6711 (medical emergency): if a medical emergency necessitates an abortion in order to prevent death or irreversible and substantial damage to a major bodily function, the physician must inform the woman before the abortion, if possible

–    K.S.A. 65-6712 (informed consent and materials): makes the failure of the physician to provide informed consent and printed materials unprofessional conduct, regardless of whether or not an abortion is actually performed on the woman.

–    K.S.A. 65-6714 (severability clause): the parts of the Woman’s Right-to-Know Act as separable (severable) so that if one part is found invalid, the remaining parts of the act will not be rendered invalid

–    K.S.A. 65-6715 (severability clause): clarifies that nothing in the Woman’s Right-to-Know Act shall be construed as creating or recognizing a woman’s right to an abortion

–    K.S.A. 65-6721 (partial birth abortion): defines “partial birth abortion” as the vaginal delivery and intentional murder of a living unborn child. This statute criminalizes partial birth abortions unless it is to prevent the death of the woman or irreversible physical impairment of a major bodily function — stated and documented by two physicians not legally or financially connected.

–    K.S.A. 65-6723 (pain-capable unborn child): among other things, this statute determines that at unborn child is capable of feeling pain by 20 weeks gestation. Consequently, it is in the interest of the state to protect unborn children from feeling pain during abortion

–    K.S.A 65-6723 (definitions): provides many of the same definitions as seen in K.S.A 65-6701, including abortion, bodily function and medical emergency. Defines “Pain-capable unborn child” as an unborn child at the gestational age of at least 22 weeks

–    K.S.A. 65-6724 (abortion restrictions): similarly restricts conditions under which abortions may be performed based on gestational age, as in K.S.A. 65-6703. However, this statute specifically indicates that a physician who performs an abortion past the 22 week gestational period will have to report the specific medical condition that the physician believes would have cause the death of the pregnant woman if she were not to have the abortion

–    K.S.A. 65-6725 (construction of act): nothing in K.S.A. 65-6724 can be construed as invalidating any abortion related statute

–    K.S.A. 65-67.26 (gender based abortion): prohibits abortions solely based on the gender of the unborn child

–    K.S.A. 65-6731 (prohibition on certain abortion funding): defines the following

–    Abortion: same definition found in K.S.A. 65-6701

–    Health benefit plan: any hospital and medical expenses, group-funded pool, etc

–    Health care entity: an individual health care professional, hospital or organization

–    School district: any public school organized under the laws of Kansas

–    State agency: same definition found in K.S.A. 75-3701

–    K.S.A. 65-6732 (life begins at fertilization): legislative declaration that life begins at fertilization

–    K.S.A. 65-6733 (prohibition on certain abortion funding): no money from the state general fund or any special revenue fund can be used towards any abortion

–    K.S.A. 65-6734 (school districts): no school district or employee can provide abortion services

–    K.S.A. 65-6735 (construction of act): nothing in K.S.A 65-6731 – 65-6738 shall have any effect on any other state law dealing with funds for abortions

–   K.S.A. 65-6736 (right to abortion): no part of K.S.A. 65-6731 – 65-6738 can be construed as a state required to provide or pay for an abortion

–    K.S.A. 65-6737 (discrimination prohibited): prohibits discrimination agains individuals or institutions that do not provide, pay for or refer for abortions

–    K.S.A. 65-6738 (applicability of act): restrictions in K.S.A. 65-6731 – 65-6738 does not apply to abortion necessary to preserve the life of the pregnant woman

–    K.S.A. 65-6739 (severability clause): if a court finds that one part of the law is invalid, the rest of the law will not be rendered invalid

Chapter 65 — Public Health; Article 67a — Fetal Organs and Tissue

–   K.S.A. 65-67a01 (definitions): defines “consideration” as a payment or debt, gift, waived fee, loan, etc

–    K.S.A. 65-67a02 (construction of act): nothing in the act shall be construed as permitting the use of fetal tissue for research or experimentation

–    K.S.A. 65-67a03 (when act not applicable): act does not apply to the transfer of fetal tissue to a pathologist, or the transfer for immediate burial, cremation, etc

–    K.S.A. 65-67a04 (prohibitions): no person can knowingly acquire or disperse fetal tissue

–    K.S.A. 65-67a05 (transfer of tissue): any person that transfers fetal tissue to another person shall submit a report with specific criteria to the department of health and environment

–    K.S.A. 65-67a06 (prohibitions): no person shall offer any monetary or other item to another person with the intent of procuring an abortion in order to obtain fetal tissue

–    K.S.A. 65-67a07 (consent of donor): no person shall use fetal tissues without the informed consent of the woman donating the tissue

–    K.S.A. 65-67a08 (severability): if any part of this act is held to be invalid or unconstitutional, the rest of the act is not rendered invalid or unconstitutional

–   K.S.A. 65-67a09 (child rape protection act): this is the child rape protection act. among other things, the act specifies that a physician who performs an abortion on a minor under the age of 14 shall preserve the fetal tissue extracted and submit it to the Kansas bureau of investigation

–    K.S.A. 65-67a10 (disposition of fetal remains): medical care facilities and institutions must adopt written polices pertaining to the disposal of fetal remains if fetal death occurs

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