Session of 1999
HOUSE BILL No. 2319
By Representatives O'Connor, Aday, Faber, Hutchins, Phill Kline,
Landwehr, P. Long, Mason, Myers, Ruff, Shultz and Swenson
10 AN ACT concerning humane treatment of the human fetus; requiring
11 administration of an anesthetic or analgesic to the fetus under certain
14 Be it enacted by the Legislature of the State of Kansas:
15 Section 1. (a) A physician shall cause an anesthetic or analgesic to be
16 administered to the human fetus before performing any procedure for
17 termination of the pregnancy if there is reasonable medical certainty that:
18 (1) The procedure to be employed will cause organic pain to the
19 fetus; and
20 (2) the use of an anesthetic or analgesic would prevent or alleviate
21 that pain.
22 (b) The provisions of subsection (a) shall not apply if, in the best
23 medical judgment of the physician based on the facts of the case, the
24 administration of the anesthetic or analgesic would:
25 (1) Unduly threaten the health or safety of the pregnant woman; or
26 (2) decrease the possibility of sustained survival of the fetus, with or
27 without artificial support, outside the womb.
28 (c) Violation of this section is a class B misdemeanor.
29 Sec. 2. This act shall take effect and be in force from and after its
30 publication in the statute book.