Session of 2000
By Representative Carmody

  9             AN  ACT concerning partial birth abortions; amending K.S.A. 1999 Supp.
10             65-6721 and repealing the existing section.
12       Be it enacted by the Legislature of the State of Kansas:
13             Section  1. K.S.A. 1999 Supp. 65-6721 is hereby amended to read as
14       follows: 65-6721. (a) Subject to the provisions of K.S.A. 65-6703 and
15       amendments thereto, no person shall perform or induce a partial birth
16       abortion on a viable fetus unless such person is a physician and has a
17       documented referral from another physician not legally or financially af-
18       filiated with the physician performing or inducing the abortion and both
19       physicians determine: (1) The abortion is necessary to preserve the life
20       of the pregnant woman; or (2) a continuation of the pregnancy will cause
21       a substantial and irreversible impairment of a major physical or mental
22       function of the pregnant woman.
23             (b) As used in this section:
24             (1) "Partial birth abortion" means an abortion procedure which in-
25       cludes the deliberate and intentional evacuation of all or a part of the
26       intracranial contents of a viable fetus prior to removal of such otherwise
27       intact fetus from the body of the pregnant woman.
28             (2) "Partial birth abortion" shall not include the: (A) Suction curet-
29       tage abortion procedure; (B) suction aspiration abortion procedure; or
30       (C) dilation and evacuation abortion procedure involving dismemberment
31       of the fetus prior to removal from the body of the pregnant woman.
32             (c) If a physician determines in accordance with the provisions of
33       subsection (a) that a partial birth abortion is necessary and performs a
34       partial birth abortion on the woman, the physician shall report such de-
35       termination and the reasons for such determination in writing to the med-
36       ical care facility in which the abortion is performed for inclusion in the
37       report of the medical care facility to the secretary of health and environ-
38       ment under K.S.A. 65-445 and amendments thereto or if the abortion is
39       not performed in a medical care facility, the physician shall report the
40       reasons for such determination in writing to the secretary of health and
41       environment as part of the written report made by the physician to the
42       secretary of health and environment under K.S.A. 65-445 and amend-
43       ments thereto. The physician shall retain a copy of the written reports


  1       required under this subsection for not less than five years.
  2             (d) A woman upon whom an abortion is performed shall not be pros-
  3       ecuted under this section for a conspiracy to violate this section pursuant
  4       to K.S.A. 21-3302, and amendments thereto.
  5             (e) Nothing in this section shall be construed to create a right to an
  6       abortion. Notwithstanding any provision of this section, a person shall not
  7       perform an abortion that is prohibited by law.
  8             (f) Upon conviction of a violation of this section, a person shall be
  9       guilty of a severity level 10 person felony. 
10       Sec.  2. K.S.A. 1999 Supp. 65-6721 is hereby repealed.
11        Sec.  3. This act shall take effect and be in force from and after its
12       publication in the Kansas register.