65-6721.Prohibition against partial birth abortionon viable fetus, exceptions; partial birth abortion, defined; report ofdetermination; criminal penalties.(a) No person shall perform or induce a partial birthabortion on a viable fetus unless such person is a physician and has adocumented referral from another physician not legally or financiallyaffiliatedwith the physician performing or inducing the abortion and both physiciansdetermine: (1) The abortion is necessary to preserve the life of the pregnantwoman; or (2) a continuation of the pregnancy will cause a substantial andirreversible impairment of a major physical or mental function of the pregnantwoman.
(b) As used in this section:
(1) "Partial birth abortion" means an abortion procedure which includes thedeliberate and intentional evacuation of all or a part of the intracranialcontents of a viable fetus prior to removal of such otherwise intact fetus fromthe body of the pregnant woman.
(2) "Partial birth abortion" shall not include the: (A) Suction curettageabortion procedure; (B) suction aspiration abortion procedure; or (C) dilationand evacuation abortion procedure involving dismemberment of the fetus prior toremoval from the body of the pregnant woman.
(c) If a physician determines in accordance with the provisions ofsubsection (a) that a partial birth abortion is necessary and performs apartial birth abortion on the woman, the physician shall report suchdetermination and the reasons for such determination in writing to the medicalcare facility in which the abortion is performed for inclusion in the report ofthe medical care facility to the secretary of health and environment underK.S.A. 65-445 and amendments thereto or if the abortion is not performed in amedical care facility, the physician shall report the reasons for suchdetermination in writing to the secretary of health and environment as part ofthe written report made by the physician to the secretary of health andenvironment under K.S.A. 65-445 and amendments thereto. The physician shallretain a copy of the written reports required under this subsection for notless than five years.
(d) 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.
(e) 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.
(f) Upon conviction of a violation of this section, a person shall be guiltyof a severity level 10 person felony.
65-6721.Prohibition against partial birth abortionon viable fetus, exceptions; partial birth abortion, defined; report ofdetermination; criminal penalties.(a) No person shall perform or induce a partial birthabortion on a viable fetus unless such person is a physician and has adocumented referral from another physician not legally or financiallyaffiliatedwith the physician performing or inducing the abortion and both physiciansdetermine: (1) The abortion is necessary to preserve the life of the pregnantwoman; or (2) a continuation of the pregnancy will cause a substantial andirreversible impairment of a major physical or mental function of the pregnantwoman.
(b) As used in this section:
(1) "Partial birth abortion" means an abortion procedure which includes thedeliberate and intentional evacuation of all or a part of the intracranialcontents of a viable fetus prior to removal of such otherwise intact fetus fromthe body of the pregnant woman.
(2) "Partial birth abortion" shall not include the: (A) Suction curettageabortion procedure; (B) suction aspiration abortion procedure; or (C) dilationand evacuation abortion procedure involving dismemberment of the fetus prior toremoval from the body of the pregnant woman.
(c) If a physician determines in accordance with the provisions ofsubsection (a) that a partial birth abortion is necessary and performs apartial birth abortion on the woman, the physician shall report suchdetermination and the reasons for such determination in writing to the medicalcare facility in which the abortion is performed for inclusion in the report ofthe medical care facility to the secretary of health and environment underK.S.A. 65-445 and amendments thereto or if the abortion is not performed in amedical care facility, the physician shall report the reasons for suchdetermination in writing to the secretary of health and environment as part ofthe written report made by the physician to the secretary of health andenvironment under K.S.A. 65-445 and amendments thereto. The physician shallretain a copy of the written reports required under this subsection for notless than five years.
(d) 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.
(e) 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.
(f) Upon conviction of a violation of this section, a person shall be guiltyof a severity level 10 person felony.
65-6721.Prohibition against partial birth abortionon viable fetus, exceptions; partial birth abortion, defined; report ofdetermination; criminal penalties.(a) No person shall perform or induce a partial birthabortion on a viable fetus unless such person is a physician and has adocumented referral from another physician not legally or financiallyaffiliatedwith the physician performing or inducing the abortion and both physiciansdetermine: (1) The abortion is necessary to preserve the life of the pregnantwoman; or (2) a continuation of the pregnancy will cause a substantial andirreversible impairment of a major physical or mental function of the pregnantwoman.
(b) As used in this section:
(1) "Partial birth abortion" means an abortion procedure which includes thedeliberate and intentional evacuation of all or a part of the intracranialcontents of a viable fetus prior to removal of such otherwise intact fetus fromthe body of the pregnant woman.
(2) "Partial birth abortion" shall not include the: (A) Suction curettageabortion procedure; (B) suction aspiration abortion procedure; or (C) dilationand evacuation abortion procedure involving dismemberment of the fetus prior toremoval from the body of the pregnant woman.
(c) If a physician determines in accordance with the provisions ofsubsection (a) that a partial birth abortion is necessary and performs apartial birth abortion on the woman, the physician shall report suchdetermination and the reasons for such determination in writing to the medicalcare facility in which the abortion is performed for inclusion in the report ofthe medical care facility to the secretary of health and environment underK.S.A. 65-445 and amendments thereto or if the abortion is not performed in amedical care facility, the physician shall report the reasons for suchdetermination in writing to the secretary of health and environment as part ofthe written report made by the physician to the secretary of health andenvironment under K.S.A. 65-445 and amendments thereto. The physician shallretain a copy of the written reports required under this subsection for notless than five years.
(d) 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.
(e) 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.
(f) Upon conviction of a violation of this section, a person shall be guiltyof a severity level 10 person felony.
