Session of 1998
By Senators Emert, Barone, Corbin, Downey, Kerr and Vidricksen
            9             AN ACT concerning abortions; relating to partial-birth abortions; amend-
10             ing K.S.A. 1997 Supp. 65-6701 and repealing the existing section.
12       Be it enacted by the Legislature of the State of Kansas:
13           Section 1. K.S.A. 1997 Supp. 65-6701 is hereby amended to read as
14       follows: 65-6701. As used in ;(tri-stars)is act K.S.A. 65-6701 through 65-6707 and
15       section 2, and amendments thereto:
16           (a) ``Abortion'' means the use of any means to intentionally terminate
17       a pregnancy except for the purpose of causing a live birth. Abortion does
18       not include: (1) The use of any drug or device that inhibits or prevents
19       ovulation, fertilization or the implantation of an embryo; or (2) disposition
20       of the product of in vitro fertilization prior to implantation.
21           (b) ``Counselor'' means a person who is: (1) Licensed to practice med-
22       icine and surgery; (2) licensed to practice psychology; (3) licensed to prac-
23       tice professional or practical nursing; (4) registered to practice profes-
24       sional counseling; (5) licensed as a social worker; (6) the holder of a
25       master's or doctor's degree from an accredited graduate school of social
26       work; (7) registered to practice marriage and family therapy; (8) a regis-
27       tered physician's assistant; or (9) a currently ordained member of the
28       clergy or religious authority of any religious denomination or society.
29       Counselor does not include the physician who performs or induces the
30       abortion or a physician or other person who assists in performing or in-
31       ducing the abortion.
32           (c) ``Department'' means the department of health and environment.
33           (d) ``Gestational age'' means the time that has elapsed since the first
34       day of the woman's last menstrual period.
35           (e) ``Medical emergency'' means that condition which, on the basis
36       of the physician's good faith clinical judgment, so complicates the medical
37       condition of a pregnant woman as to necessitate the immediate abortion
38       of her pregnancy to avert her death or for which a delay will create serious
39       risk of substantial and irreversible impairment of a major bodily function.
40           (f) ``Minor'' means a person less than 18 years of age.
41           (g) ``Partial-birth abortion'' means an abortion procedure in which
42       the person performing the abortion partially vaginally delivers a living
43       fetus before killing the fetus and completing the delivery.



  1           (g) (h) ``Physician'' means a person licensed to practice medicine and
  2       surgery in this state.
  3           (h) (i) ``Pregnant'' or ``pregnancy'' means that female reproductive
  4       condition of having a fetus in the mother's body.
  5           (i) (j) ``Qualified person'' means an agent of the physician who is a
  6       psychologist, licensed social worker, registered professional counselor,
  7       registered nurse or physician.
  8           (j) (k) ``Unemancipated minor'' means any minor who has never been:
  9       (1) Married; or (2) freed, by court order or otherwise, from the care,
10       custody and control of the minor's parents.
11           (l) ``Vaginally delivers a living fetus before killing the fetus'' means
12       deliberately and intentionally delivering into the vagina a living fetus, or
13       a substantial portion thereof, for the purpose of performing a procedure
14       that the person performing such procedure knows will kill the fetus and
15       kills the fetus.
16           (k) (m) ``Viable'' means that stage of gestation when, in the best med-
17       ical judgment of the attending physician, the fetus is capable of sustained
18       survival outside the uterus without the application of extraordinary med-
19       ical means.
20           New Sec. 2. (a) No partial-birth abortion shall be performed in this
21       state, unless such procedure is necessary to save the life of the mother
22       whose life is endangered by a physical disorder, physical illness, or phys-
23       ical injury.
24           (b) The intentional and knowing performance of an unlawful par-
25       tial-birth abortion in violation of subsection (1) of this section is a severity
26       level 3, person felony.
27           (c) No woman upon whom an unlawful partial-birth abortion is per-
28       formed shall be prosecuted under this section or for conspiracy to violate
29       this section.
30           (d) The intentional and knowing performance of an unlawful par-
31       tial-birth abortion shall result in the automatic suspension of an attending
32       physician's license to practice medicine in Kansas pursuant to K.S.A.
33       65-2836, and amendments thereto, and the Kansas healing arts act.
34           A physician accused of violating the provisions of this section may seek
35       a hearing before the state board of healing arts on whether the physician's
36       conduct was necessary to save the life of the mother whose life was en-
37       dangered by a physical disorder, physical illness or physical injury.
38           The findings of the board shall be admissible on that issue at the trial
39       of the physician. Upon a motion of the physician, the court shall delay
40       the beginning of the trial for not more than 30 days to permit such a
41       hearing to take place.
42           (e) The father of the fetus, if married to the mother at the time of
43       the partial-birth abortion, and if the mother has not attained the age of



  1       18 years at the time of the abortion, the maternal grandparents of the
  2       fetus, may obtain in a civil action appropriate relief, unless the pregnancy
  3       resulted from the plaintiff's criminal conduct or the plaintiff consented
  4       to the abortion. Such relief shall include:
  5           (A) Money damages for all injuries, psychological and physical, oc-
  6       casioned by the violation of this section; and
  7           (B) statutory damages equal to three times the cost of the partial-
  8       birth abortion.
  9           Sec. 3. K.S.A. 1997 Supp. 65-6701 is hereby repealed.
10           Sec. 4. This act shall take effect and be in force from and after its
11       publication in the Kansas register.