65-6703.Abortion prohibited when fetus viable,exceptions; determination of age of fetus; determination of viability; reports;retention of medical records; viable, defined; criminal penalties.(a) No person shall perform or induce an abortionwhen the fetus isviable unless suchperson is a physician and has a documented referral from another physician notlegally or financially affiliated with the physicianperforming or inducing the abortionand both physicians determine that: (1) The abortion isnecessary to preserve the life ofthe pregnant woman; or (2) a continuation of the pregnancy will cause asubstantial andirreversibleimpairment of a major bodily function of the pregnant woman.
(b) (1) Except in the case of a medical emergency, prior to performing anabortion upon a woman, the physician shall determine the gestational age of thefetus according to accepted obstetrical and neonatal practice and standardsapplied byphysicians in the same or similar circumstances.If the physician determinesthe gestational age is less than 22 weeks, the physician shall document as partof the medical records of the woman the basis for the determination.
(2) If the physician determines the gestational age of the fetus is 22 ormore weeks, prior to performing an abortion upon the woman the physician shalldetermine if the fetus is viable by using and exercising that degree ofcare, skill and proficiency commonly exercised by the ordinary skillful,careful and prudent physician inthe same orsimilar circumstances. In making this determination of viability, the physicianshall perform or cause to be performed such medical examinations and tests asare necessary to make a finding of the gestational ageof the fetus and shall enter such findings and determinationsof viability in the medical record of the woman.
(3) If the physician determines the gestational age of a fetus is 22 or moreweeks, and determines that the fetus is not viable and performs an abortion onthewoman, the physician shall report such determinations and the reasons forsuch determinations in writing to the medical care facility in which theabortion isperformed for inclusion in the report of the medical care facility to thesecretary of health and environment under K.S.A. 65-445 and amendments theretoor if the abortion is not performed in a medical care facility, the physicianshall report such determinations and the reasons for such determinations inwriting to the secretary of health and environment as part of the writtenreport made by the physician to the secretary of health and environment underK.S.A. 65-445 and amendments thereto.
(4) If the physician who is to perform the abortion determines thegestational age of a fetus is 22 or moreweeks, and determines that the fetus is viable, both physicians undersubsection(a) determine in accordance with theprovisions of subsection (a) that an abortion is necessary to preserve the lifeof the pregnant womanor that a continuation ofthe pregnancy will cause a substantial and irreversible impairment of a majorbodily function of the pregnant woman and the physician performs an abortion onthe woman,the physician who performs the abortion shall report such determinations, thereasons for suchdeterminations andthe basis for the determination that an abortion is necessary to preserve thelife of the pregnant womanor that a continuation ofthe pregnancy will cause a substantial and irreversible impairment of a majorbodily function of the pregnant woman in writing to the medical care facilityin which the abortion is performed for inclusion in the report of the medicalcare facility to the secretary of health and environment under K.S.A. 65-445and amendments thereto or if the abortion is not performed in a medical carefacility, the physician who performs the abortion shall report suchdeterminations, the reasons for suchdeterminations and the basis for the determination that an abortion isnecessary to preserve the life of the pregnant womanor that acontinuation ofthepregnancy will cause a substantial and irreversible impairment of a majorbodily function of the pregnant woman in writing tothe secretary of health and environment as part of the written report made bythe physician to the secretary of health and environment under K.S.A. 65-445and amendments thereto.
(5) The physician shall retain the medical records required to be kept underparagraphs (1) and (2) of this subsection (b) for not less than five years andshall retain a copy of the written reports required under paragraphs (3) and(4) of thissubsection (b) for not less than five years.
(c) A woman upon whom an abortion is performed shall not be prosecuted underthis section for a conspiracy to violate this section pursuant to K.S.A.21-3302, and amendments thereto.
(d) Nothing in this section shall be construed to create a right to anabortion. Notwithstanding any provision of this section, a person shall notperform an abortion that is prohibited by law.
(e) As used in this section, "viable" means that stage of fetal developmentwhenit is the physician's judgment according to accepted obstetrical or neonatalstandards of careand practice applied by physicians in the same or similar circumstances thatthere is a reasonable probability that the life of the child can be continuedindefinitely outside the mother's womb with natural or artificiallife-supportive measures.
(f) If any provision of this section is held to be invalid orunconstitutional, it shall be conclusively presumed that the legislature wouldhave enacted the remainder of this section without such invalid orunconstitutional provision.
(g) Upon a first conviction of a violation of this section, a person shallbe guilty of a class A nonperson misdemeanor. Upon a second or subsequentconviction of a violation of this section, a person shall beguilty of a severity level 10, nonperson felony.
History: L. 1992, ch. 183, § 3;L. 1993, ch. 291, § 240;L. 1998, ch. 142, § 15; July 1.
65-6703.Abortion prohibited when fetus viable,exceptions; determination of age of fetus; determination of viability; reports;retention of medical records; viable, defined; criminal penalties.(a) No person shall perform or induce an abortionwhen the fetus isviable unless suchperson is a physician and has a documented referral from another physician notlegally or financially affiliated with the physicianperforming or inducing the abortionand both physicians determine that: (1) The abortion isnecessary to preserve the life ofthe pregnant woman; or (2) a continuation of the pregnancy will cause asubstantial andirreversibleimpairment of a major bodily function of the pregnant woman.
(b) (1) Except in the case of a medical emergency, prior to performing anabortion upon a woman, the physician shall determine the gestational age of thefetus according to accepted obstetrical and neonatal practice and standardsapplied byphysicians in the same or similar circumstances.If the physician determinesthe gestational age is less than 22 weeks, the physician shall document as partof the medical records of the woman the basis for the determination.
(2) If the physician determines the gestational age of the fetus is 22 ormore weeks, prior to performing an abortion upon the woman the physician shalldetermine if the fetus is viable by using and exercising that degree ofcare, skill and proficiency commonly exercised by the ordinary skillful,careful and prudent physician inthe same orsimilar circumstances. In making this determination of viability, the physicianshall perform or cause to be performed such medical examinations and tests asare necessary to make a finding of the gestational ageof the fetus and shall enter such findings and determinationsof viability in the medical record of the woman.
(3) If the physician determines the gestational age of a fetus is 22 or moreweeks, and determines that the fetus is not viable and performs an abortion onthewoman, the physician shall report such determinations and the reasons forsuch determinations in writing to the medical care facility in which theabortion isperformed for inclusion in the report of the medical care facility to thesecretary of health and environment under K.S.A. 65-445 and amendments theretoor if the abortion is not performed in a medical care facility, the physicianshall report such determinations and the reasons for such determinations inwriting to the secretary of health and environment as part of the writtenreport made by the physician to the secretary of health and environment underK.S.A. 65-445 and amendments thereto.
(4) If the physician who is to perform the abortion determines thegestational age of a fetus is 22 or moreweeks, and determines that the fetus is viable, both physicians undersubsection(a) determine in accordance with theprovisions of subsection (a) that an abortion is necessary to preserve the lifeof the pregnant womanor that a continuation ofthe pregnancy will cause a substantial and irreversible impairment of a majorbodily function of the pregnant woman and the physician performs an abortion onthe woman,the physician who performs the abortion shall report such determinations, thereasons for suchdeterminations andthe basis for the determination that an abortion is necessary to preserve thelife of the pregnant womanor that a continuation ofthe pregnancy will cause a substantial and irreversible impairment of a majorbodily function of the pregnant woman in writing to the medical care facilityin which the abortion is performed for inclusion in the report of the medicalcare facility to the secretary of health and environment under K.S.A. 65-445and amendments thereto or if the abortion is not performed in a medical carefacility, the physician who performs the abortion shall report suchdeterminations, the reasons for suchdeterminations and the basis for the determination that an abortion isnecessary to preserve the life of the pregnant womanor that acontinuation ofthepregnancy will cause a substantial and irreversible impairment of a majorbodily function of the pregnant woman in writing tothe secretary of health and environment as part of the written report made bythe physician to the secretary of health and environment under K.S.A. 65-445and amendments thereto.
(5) The physician shall retain the medical records required to be kept underparagraphs (1) and (2) of this subsection (b) for not less than five years andshall retain a copy of the written reports required under paragraphs (3) and(4) of thissubsection (b) for not less than five years.
(c) A woman upon whom an abortion is performed shall not be prosecuted underthis section for a conspiracy to violate this section pursuant to K.S.A.21-3302, and amendments thereto.
(d) Nothing in this section shall be construed to create a right to anabortion. Notwithstanding any provision of this section, a person shall notperform an abortion that is prohibited by law.
(e) As used in this section, "viable" means that stage of fetal developmentwhenit is the physician's judgment according to accepted obstetrical or neonatalstandards of careand practice applied by physicians in the same or similar circumstances thatthere is a reasonable probability that the life of the child can be continuedindefinitely outside the mother's womb with natural or artificiallife-supportive measures.
(f) If any provision of this section is held to be invalid orunconstitutional, it shall be conclusively presumed that the legislature wouldhave enacted the remainder of this section without such invalid orunconstitutional provision.
(g) Upon a first conviction of a violation of this section, a person shallbe guilty of a class A nonperson misdemeanor. Upon a second or subsequentconviction of a violation of this section, a person shall beguilty of a severity level 10, nonperson felony.
History: L. 1992, ch. 183, § 3;L. 1993, ch. 291, § 240;L. 1998, ch. 142, § 15; July 1.
65-6703.Abortion prohibited when fetus viable,exceptions; determination of age of fetus; determination of viability; reports;retention of medical records; viable, defined; criminal penalties.(a) No person shall perform or induce an abortionwhen the fetus isviable unless suchperson is a physician and has a documented referral from another physician notlegally or financially affiliated with the physicianperforming or inducing the abortionand both physicians determine that: (1) The abortion isnecessary to preserve the life ofthe pregnant woman; or (2) a continuation of the pregnancy will cause asubstantial andirreversibleimpairment of a major bodily function of the pregnant woman.
(b) (1) Except in the case of a medical emergency, prior to performing anabortion upon a woman, the physician shall determine the gestational age of thefetus according to accepted obstetrical and neonatal practice and standardsapplied byphysicians in the same or similar circumstances.If the physician determinesthe gestational age is less than 22 weeks, the physician shall document as partof the medical records of the woman the basis for the determination.
(2) If the physician determines the gestational age of the fetus is 22 ormore weeks, prior to performing an abortion upon the woman the physician shalldetermine if the fetus is viable by using and exercising that degree ofcare, skill and proficiency commonly exercised by the ordinary skillful,careful and prudent physician inthe same orsimilar circumstances. In making this determination of viability, the physicianshall perform or cause to be performed such medical examinations and tests asare necessary to make a finding of the gestational ageof the fetus and shall enter such findings and determinationsof viability in the medical record of the woman.
(3) If the physician determines the gestational age of a fetus is 22 or moreweeks, and determines that the fetus is not viable and performs an abortion onthewoman, the physician shall report such determinations and the reasons forsuch determinations in writing to the medical care facility in which theabortion isperformed for inclusion in the report of the medical care facility to thesecretary of health and environment under K.S.A. 65-445 and amendments theretoor if the abortion is not performed in a medical care facility, the physicianshall report such determinations and the reasons for such determinations inwriting to the secretary of health and environment as part of the writtenreport made by the physician to the secretary of health and environment underK.S.A. 65-445 and amendments thereto.
(4) If the physician who is to perform the abortion determines thegestational age of a fetus is 22 or moreweeks, and determines that the fetus is viable, both physicians undersubsection(a) determine in accordance with theprovisions of subsection (a) that an abortion is necessary to preserve the lifeof the pregnant womanor that a continuation ofthe pregnancy will cause a substantial and irreversible impairment of a majorbodily function of the pregnant woman and the physician performs an abortion onthe woman,the physician who performs the abortion shall report such determinations, thereasons for suchdeterminations andthe basis for the determination that an abortion is necessary to preserve thelife of the pregnant womanor that a continuation ofthe pregnancy will cause a substantial and irreversible impairment of a majorbodily function of the pregnant woman in writing to the medical care facilityin which the abortion is performed for inclusion in the report of the medicalcare facility to the secretary of health and environment under K.S.A. 65-445and amendments thereto or if the abortion is not performed in a medical carefacility, the physician who performs the abortion shall report suchdeterminations, the reasons for suchdeterminations and the basis for the determination that an abortion isnecessary to preserve the life of the pregnant womanor that acontinuation ofthepregnancy will cause a substantial and irreversible impairment of a majorbodily function of the pregnant woman in writing tothe secretary of health and environment as part of the written report made bythe physician to the secretary of health and environment under K.S.A. 65-445and amendments thereto.
(5) The physician shall retain the medical records required to be kept underparagraphs (1) and (2) of this subsection (b) for not less than five years andshall retain a copy of the written reports required under paragraphs (3) and(4) of thissubsection (b) for not less than five years.
(c) A woman upon whom an abortion is performed shall not be prosecuted underthis section for a conspiracy to violate this section pursuant to K.S.A.21-3302, and amendments thereto.
(d) Nothing in this section shall be construed to create a right to anabortion. Notwithstanding any provision of this section, a person shall notperform an abortion that is prohibited by law.
(e) As used in this section, "viable" means that stage of fetal developmentwhenit is the physician's judgment according to accepted obstetrical or neonatalstandards of careand practice applied by physicians in the same or similar circumstances thatthere is a reasonable probability that the life of the child can be continuedindefinitely outside the mother's womb with natural or artificiallife-supportive measures.
(f) If any provision of this section is held to be invalid orunconstitutional, it shall be conclusively presumed that the legislature wouldhave enacted the remainder of this section without such invalid orunconstitutional provision.
(g) Upon a first conviction of a violation of this section, a person shallbe guilty of a class A nonperson misdemeanor. Upon a second or subsequentconviction of a violation of this section, a person shall beguilty of a severity level 10, nonperson felony.
History: L. 1992, ch. 183, § 3;L. 1993, ch. 291, § 240;L. 1998, ch. 142, § 15; July 1.
