HB 2335--
Session of 1997
By Representatives O'Connor, Ballou, Bradley, Burroughs, Carmody, Dahl, Donovan, Faber, Farmer, Flower, Franklin, Freeborn, Gilmore, Hayzlett, Henry, Hutchins, Jennison, Kejr, Phill Kline, Lloyd, P.Long, Mason, McClure, Mollenkamp, Morrison, Myers,
Neufeld, O'Neal, Pauls, Powell, Powers, Presta, Shultz, Thimesch, Toplikar, Vining and Wilk

AN ACT concerning humane treatment of the human fetus; requiring administration of an anesthetic or analgesic to the fetus under certain circumstances. Be it enacted by the Legislature of the State of Kansas: Section 1. (a) A physician shall cause an anesthetic or analgesic to be administered to the human fetus before performing any procedure for termination of the pregnancy if there is reasonable medical certainty that: (1) The procedure to be employed will cause organic pain to the fetus; and (2) the use of an anesthetic or analgesic would prevent or alleviate that pain. (b) The provisions of subsection (a) shall not apply if, in the best medical judgment of the physician based on the facts of the case, the administration of the anesthetic or analgesic would: (1) Unduly threaten the health or safety of the pregnant woman; or (2) decrease the possibility of sustained survival of the fetus, with or without artificial support, outside the womb. (c) Violation of this section is a class B misdemeanor. Sec. 2. This act shall take effect and be in force from and after its publication in the statute book.