Summary of Kansas Laws Regarding Reproductive Health Care
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K.S.A 65-6701 contains definitions. Defines abortion, counselor, pregnancy, gestational age and viable (among other definitions) as the following:
Abortion: the use of any means to intentionally terminate a pregnancy except for the purpose of cause a live birth. Clarifies that abortion does NOT include the use of any drugs or devices that inhibits or prevents ovulation, fertilization or the implantation of an embryo (contraception including Plan B falls under this) or disposition of the product of in vitro fertilization prior to implantation;
Counselor: Can be someone who is licensed to practice medicine, surgery, professional or practical nursing, or a physician assistant (as long as not performing or assisting in performing abortion), someone who is registered to practice professional counseling, someone licensed as a social worker, someone who holds of a master’s or doctor’s degree from an accredited graduate school of social work, someone who is registered to practice marriage and family therapy, or someone who is currently an ordained member of the clergy or any religious denomination;
Gestational age: time from the last day of a woman’s last menstrual period;
Pregnancy: the female reproductive condition of having an unborn child in the mother’s body;
Gestational age: time elapsed since the first day of the woman’s last menstrual period;
Viable: the stage of gestation when the fetus is capable of sustained survival outside of the uterus without extraordinary medical intervention, as judged by attending physician.
K.S.A. 65-6702 deems drugs/devices for birth control or fertilization lawful and prevents the state and its subdivisions from prohibiting the use of contraceptives or the disposition of the products of in vitro fertilization prior to implantation. Prohibits political subdivisions of the state from regulating or restricting abortion.
K.S.A. 65-6703 restricts and prohibits abortion when an unborn child is viable and provides civil damages and criminal penalties for physicians who violate these restrictions.
(1)(b) Physician must determine gestational age of fetus unless medical emergency. If the fetus is less than 22 weeks, physician should document this in woman’s medical records.
(2)(3)(4) If 22 weeks or more, physician must test for viability. If not viable, physician must submit report to Secretary of Health and Environment as to why. If viable, to perform abortion it must be necessary to preserve the life of pregnant woman or prevent
substantial and irreversible impairment of a major bodily function of woman. You need a referral from another physician not legally or financially affiliated with physician performing abortion and the physician performing the abortion must submit a report to Secretary of Health and Environment.
(5) Physicians must keep all medical reports for at least 5 years.
K.S.A. 65-6704 specifies counseling requirements for a minor seeking an abortion.
(a) Minor must understand the counseling and have opportunity to as questions and parent or guardian or 21+ NOT associated with clinic should accompany minor;
Information given prior to abortion must include the following:
(a)(1) Alternatives to abortion;
(a)(2) Explanation that minor can change her mind any time before abortion performed;
(a)(3) Information on agencies for assistance and that provide birth control information;
(a)(4) Discussion of involving minor’s parent or parents or guardian, etc.;
(a)(5) Information on K.S.A. 65-6705 on parental notification, etc.;
(b) Counseling must again take place after the abortion is performed.
(c)(d)(e) Counselor and minor must sign document that they are in compliance with above requirements; must include counselor’s business address and telephone number; counselor shall keep a copy and give copy to minor.
(f) If emergency that threatens the health, safety or well being of minor exists, above requirements do not hold; Physician must document this.
K.S.A. 65-6705 provides criminal penalties for physicians who perform an abortion on a minor 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. This section also specifies procedures for seeking a judicial waiver of the parental consent requirement.
K.S.A. 65-6709 (a.k.a. Woman’s Right-to-Know Act) requires a certain procedure be followed before women can obtain an abortion; it states the requirements for an abortion to be “informed” and “voluntary”.
(a) 24 hours+ prior to abortion, physician must provide in writing the following:
(a)(1)(2)(3) his/her name, description of abortion method, risk associated with procedure and alternatives to abortion;
(a)(4)(5) probable gestational age of fetus, KS law that states that must not perform an abortion after viability and probable anatomical and physiological characterizes of present fetus;
(a)(6)(7)(8) contact information for free counseling assistance for difficult pregnancies and perinatal hospice services, the medical risks associated with carrying fetus to term, any need for anti-Rh therapy and consequences of no Rh therapy if needed;
(b)(1) medical assistance benefits for prenatal care, childbirth and neonatal care;
(b)(2) informational materials in K.S.A 65-6710;
(b)(3) that the father of the fetus is liable to assist in support (if rape, can omit);
(b)(4) women can withhold/withdraw consent at any time prior to abortion itself;
(c) 30 minutes+ prior to abortion and administration of medication, patient must meet privately with physician for a chance to ask any questions she may have;
(e) Woman must certify in writing that above laws have been followed.
(g) Woman not required to pay for abortion until after 24 hour waiting period;
(h) 30+ minutes prior to abortion, physician using ultrasound equipment must inform the woman that:
(h)(1)(2)(3) she has the right to view and receive a physical picture of ultrasound image, at no cost and give her said opportunity;
(h)(4)(5) certifies in writing that this has been offered and obtains woman’s signed acceptance or rejection
(i) 30+ minutes prior to abortion, physician using heart monitor equipment must inform the woman:
(i)(1)(2)(3)(4) she has a right to listen to heartbeat at no extra cost and gives said opportunity to woman; certifies in writing that woman has had opportunity and obtains her signed acceptance or rejection;
(j) The above documents must be kept for 10 years;
(k) Any abortion provider must post a sign that states no one can legally force you into having an abortion, etc. unless only performs in emergency when women’s lives are in danger.
K.S.A. 65-6710 (a.k.a. Woman’s Right-to-Know act cont.) specifies what kinds of materials are to be published and distributed by the department of health and environment, updated annually, and to be available at no cost to patients. They include:
(1) Geographically indexed information about public and private agencies that assist women through pregnancy, after childbirth, etc.;
(2) Printed detailed materials on fetal development;
(3) Certificate that physician and patient must sign that K.S.A. 65-6709 requirements were met;
(4) Standardized video describing (1) and (2) will also be available.
K.S.A. 65-6712 makes failure by the physician to distribute the aforementioned state-mandated materials unprofessional conduct, whether or not an abortion is actually performed on the woman.
K.S.A. 65-6715 clarifies that nothing in the woman’s right-to-know act shall be construed as creating or recognizing a woman’s right to abortion, nor does the woman’s right-to-know act make lawful an abortion that is currently unlawful.
K.S.A. 65-6721 defines and criminalizes partial birth abortions unless to preserve a woman’s life or failure to do so would result in irreparable harm as stated by two physicians not legally or financially connected in which case the physicians must document this.
K.S.A. 65-6722 declares that there is substantial medical evidence to prove that an unborn child is capable of experiencing pain by 20 weeks after fertilization, therefore it is the purpose of the state to protect the lives of unborn children once they are at a stage which substantial medical evidence indicates that they are capable of feeling pain.
K.S.A. 65-6723 similarly defines abortion and pregnancy as in K.S.A 65-6701. Also, defines a “pain-capable unborn child” as: an unborn child having reached the gestational age of 22 weeks or more.
K.S.A. 65-6724 similarly restricts conditions under which abortions may be performed based on gestational age, as in K.S.A. 65-6703. This section specifies that a physician who performs an abortion past the 22 week gestational period will report the specific medical condition that the physician believes would cause the death of the pregnant woman if she were not to have the abortion. In this circumstance, the physician may be required to document the specific medical condition that the physician believes would create an irreversible impairment of a major bodily function of the pregnant woman. This report is to be sent to the Secretary of Health and Environment.
K.A.S. 40-2,190 excludes and limits abortion coverage in certain health insurance plans.
(a) Any individual or group health insurance policy, medical service plan, contract, hospital service corporation contract, hospital and medical service corporation contract, fraternal benefit society or health maintenance organization, municipal group-funded pool and the state employee health care benefits plan that is renewed or amended on or after July 1, 2011, shall exclude coverage for elective abortions, unless the procedure is necessary to preserve the life of the mother. Coverage for abortions may be obtained when an additional premium is paid;
(b) No health insurance exchange established within this state or any health insurance exchange administered by the federal government or its agencies within this state shall offer health insurance contracts, plans, or policies that provide coverage for elective abortions, nor shall any health insurance exchange operating within this state offer coverage for elective abortions through the purchase of an optional rider.
K.S.A. 65-443 allows individuals to refuse to perform or participate in medical procedures that result in the termination of a pregnancy; protects individuals from termination of employment or civil liability by any hospital or individual because of this refusal.
K.S.A. 65-444* allows hospitals, hospital administrators or governing boards to prohibit the termination of pregnancies within their institutions and or set procedures for abortion; refusal to permit abortion shall not be grounds for civil liability.
K.S.A. 65-446* allows individuals to refuse to perform or participate in medical procedures that result in the sterilization of a person; protects individuals from termination of employment by any hospital because of this refusal.
K.S.A. 65-447* allows hospitals, hospital administrators or governing boards to prohibit or set criteria for procedures resulting in sterilization within their institutions; refusal to permit such procedures shall not be grounds for civil liability to any person.
K.A.R. 16-10-2 This falls under the Child Rape Protection regulation and states the following:
(a) Each physician who performs an abortion on a minor who is younger than 14 years of age shall perform the following steps:
(a)(1)(2) Keep at least one fetal tissue collection kit provided by the K.B.I.; collect, preserve, and ship fetal tissue using said kit.
(b) Within two hours of completing the abortion, each physician shall perform the following:
(b)(1)(2)(3) Complete the evidence custody receipt form; collect the amount and type of tissue prescribed by the kit instructions; preserve, secure, and label the tissue specimen as instructed;
(b)(4) Ship the tissue specimen and original custody receipt form to the K.B.I.;
(b)(5) Mail a copy of the evidence custody receipt form by first class mail to the appropriate law enforcement department as follows: (A) City police department, if the abortion is performed within the city limits; (B) County sheriff’s department, if the abortion is performed outside the city limits.
(c) Evidence custody receipt form shall contain: Name, address, and telephone number of the medical facility where abortion was performed; name, address, and telephone number of the physician performing abortion; name, date of birth, residential address, and telephone number of the minor upon whom the abortion is performed; name, residential address, and telephone number of the parent or legal guardian; date and time when tissue specimen was collected; date on which the tissue specimen was shipped; signature of the person collecting the tissue specimen; signature of the person shipping the tissue specimen.
K. A. R. 16-10-3 under the Child Rape Protection Regulation requires that fetal tissue collected but not needed for evidentiary purposes be shipped by the K.B.I. to the medical care facility or other location at which the abortion was performed. The physician who performed the abortion shall ensure that all returned fetal tissue is properly handled and disposed of in accordance with
*H. Sub. SB 62 (a.k.a. Conscience Clause) effective July 1, 2012, amends K.S.A. 65-443, K.S.A. 65-446, and K.S.A. 65-447 to say that no person shall be required to not only perform a medical procedure causing abortion but also will not be required to refer an individual for that procedure or prescribe or administer medication that would result in termination of pregnancy.