65-67a09.Child rape protection act; submission offetal tissue from certain abortions; physicians' duties; rules and regulations;noncompliance, penalties.(a) This section shall be known and may be cited as thechildrape protection act.
(b) As used in this section:
(1) "Abortion" has the meaning provided in K.S.A. 65-6701, and amendmentsthereto.
(2) "Physician" means any person licensed to practice medicine and surgery.
(c) Any physician who performs an abortion on a minor who was less than 14years of age at the time of the abortion procedure shall preserve, inaccordance with rules and regulations adopted by the attorney generalpursuant to this section, fetal tissue extracted during suchabortion. The physician shall submit such tissue to the Kansas bureau ofinvestigation or to a laboratory designated by the director of the Kansasbureau of investigation.
(d) The attorney general shall adopt rules andregulations prescribing:
(1) The amount and type of fetal tissue to be preserved and submitted by aphysician pursuant to this section;
(2) procedures for the proper preservation of such tissue for the purpose ofDNA testing and examination;
(3) procedures for documenting the chain of custody of such tissue for use asevidence;
(4) procedures for proper disposal of fetal tissue preserved pursuant to thissection;
(5) a uniform reporting instrument mandated to be utilized by physicians whensubmitting fetal tissue under this section which shall include the name of thephysician submitting the fetal tissue and the name, complete address ofresidence and name of the parent or legal guardian of the minor upon whom theabortion was performed; and
(6) procedures for communication with law enforcement agencies regardingevidence and information obtained pursuant to this section.
(e) Failure of a physician to comply with any provision of this section orany rule or regulation adopted hereunder:
(1) Shall constitute unprofessional conduct for the purposes of K.S.A.65-2837, and amendments thereto; and
(2) is a class A, nonperson misdemeanor upon a first conviction and aseverity level 10, nonperson felony upon a second or subsequent conviction.
65-67a09.Child rape protection act; submission offetal tissue from certain abortions; physicians' duties; rules and regulations;noncompliance, penalties.(a) This section shall be known and may be cited as thechildrape protection act.
(b) As used in this section:
(1) "Abortion" has the meaning provided in K.S.A. 65-6701, and amendmentsthereto.
(2) "Physician" means any person licensed to practice medicine and surgery.
(c) Any physician who performs an abortion on a minor who was less than 14years of age at the time of the abortion procedure shall preserve, inaccordance with rules and regulations adopted by the attorney generalpursuant to this section, fetal tissue extracted during suchabortion. The physician shall submit such tissue to the Kansas bureau ofinvestigation or to a laboratory designated by the director of the Kansasbureau of investigation.
(d) The attorney general shall adopt rules andregulations prescribing:
(1) The amount and type of fetal tissue to be preserved and submitted by aphysician pursuant to this section;
(2) procedures for the proper preservation of such tissue for the purpose ofDNA testing and examination;
(3) procedures for documenting the chain of custody of such tissue for use asevidence;
(4) procedures for proper disposal of fetal tissue preserved pursuant to thissection;
(5) a uniform reporting instrument mandated to be utilized by physicians whensubmitting fetal tissue under this section which shall include the name of thephysician submitting the fetal tissue and the name, complete address ofresidence and name of the parent or legal guardian of the minor upon whom theabortion was performed; and
(6) procedures for communication with law enforcement agencies regardingevidence and information obtained pursuant to this section.
(e) Failure of a physician to comply with any provision of this section orany rule or regulation adopted hereunder:
(1) Shall constitute unprofessional conduct for the purposes of K.S.A.65-2837, and amendments thereto; and
(2) is a class A, nonperson misdemeanor upon a first conviction and aseverity level 10, nonperson felony upon a second or subsequent conviction.
65-67a09.Child rape protection act; submission offetal tissue from certain abortions; physicians' duties; rules and regulations;noncompliance, penalties.(a) This section shall be known and may be cited as thechildrape protection act.
(b) As used in this section:
(1) "Abortion" has the meaning provided in K.S.A. 65-6701, and amendmentsthereto.
(2) "Physician" means any person licensed to practice medicine and surgery.
(c) Any physician who performs an abortion on a minor who was less than 14years of age at the time of the abortion procedure shall preserve, inaccordance with rules and regulations adopted by the attorney generalpursuant to this section, fetal tissue extracted during suchabortion. The physician shall submit such tissue to the Kansas bureau ofinvestigation or to a laboratory designated by the director of the Kansasbureau of investigation.
(d) The attorney general shall adopt rules andregulations prescribing:
(1) The amount and type of fetal tissue to be preserved and submitted by aphysician pursuant to this section;
(2) procedures for the proper preservation of such tissue for the purpose ofDNA testing and examination;
(3) procedures for documenting the chain of custody of such tissue for use asevidence;
(4) procedures for proper disposal of fetal tissue preserved pursuant to thissection;
(5) a uniform reporting instrument mandated to be utilized by physicians whensubmitting fetal tissue under this section which shall include the name of thephysician submitting the fetal tissue and the name, complete address ofresidence and name of the parent or legal guardian of the minor upon whom theabortion was performed; and
(6) procedures for communication with law enforcement agencies regardingevidence and information obtained pursuant to this section.
(e) Failure of a physician to comply with any provision of this section orany rule or regulation adopted hereunder:
(1) Shall constitute unprofessional conduct for the purposes of K.S.A.65-2837, and amendments thereto; and
(2) is a class A, nonperson misdemeanor upon a first conviction and aseverity level 10, nonperson felony upon a second or subsequent conviction.
