reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 65 - Public Health › Article 67 - Abortion › 65-6732 Legislative declaration that life begins at fertilization.

65-6732. Legislative declaration that life begins at fertilization.
(a) The legislature hereby finds and declares the following:
(1) The life of each human being begins at fertilization;
(2) unborn children have interests in life, health and well-being that should be protected; and
(3) the parents of unborn children have protectable interests in the life, health and well-being of the unborn children of such parents.
(b) On and after July 1, 2013, the laws of this state shall be interpreted and construed to acknowledge on behalf of the unborn child at every stage of development, all the rights, privileges and immunities available to other persons, citizens and residents of this state, subject only to the constitution of the United States, and decisional interpretations thereof by the United States supreme court and specific provisions to the contrary in the Kansas constitution and the Kansas Statutes Annotated.
(c) As used in this section:
(1) "Fertilization" means the fusion of a human spermatozoon with a human ovum.
(2) "Unborn children" or "unborn child" shall include all unborn children or the offspring of human beings from the moment of fertilization until birth at every stage of biological development.
(d) Nothing in this section shall be construed as creating a cause of action against a woman for indirectly harming her unborn child by failing to properly care for herself or by failing to follow any particular program of prenatal care.
History:
L. 2013, ch. 119, § 2; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 67 - Abortion › 65-6733 Prohibition on certain funding for abortion.

65-6733. Prohibition on certain funding for abortion.
Except to the extent required by federal law:
(a) No moneys appropriated from the state general fund or from any special revenue fund shall be expended for any abortion;
(b) no tax credit shall be allowed against any income tax, premium or privilege tax liability and no exemption shall be granted from sales or compensating use tax for that portion of such amounts paid or incurred for an abortion, or that portion of such amounts paid or incurred for a health benefit plan, including premium assistance, for the purchase of an optional rider for coverage of abortion in accordance with K.S.A. 40-2,190, and amendments thereto;
(c) in the case of any tax-preferred trust or account, the purpose of which is to pay medical expenses of the account beneficiary, any amount paid or distributed from such an account for an abortion shall be included in the gross income of such beneficiary; and
(d) no health care services provided by any state agency, or any employee of a state agency while acting within the scope of such employee's employment, shall include abortion, nor shall money appropriated from the state general fund or from any special revenue fund be used to pay for the lease or operation of any facility in which abortions are performed.
History:
L. 2013, ch. 119, § 3; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 67 - Abortion › 65-6734 Same; school districts.

65-6734. Same; school districts.
No school district, employee or agent thereof, or educational service provider contracting with such school district shall provide abortion services. No school district shall permit any person or entity to offer, sponsor or otherwise furnish in any manner any course materials or instruction relating to human sexuality or sexually transmitted diseases if such person or entity is an abortion services provider, or an employee, agent or volunteer of an abortion services provider.
History:
L. 2013, ch. 119, § 4; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 67 - Abortion › 65-6735 Same; construction of act.

65-6735. Same; construction of act.
Nothing in K.S.A. 65-6731 through 65-6738, and amendments thereto, shall repeal, amend or have any effect on any other state law to the extent such law imposes any limitation on the use of funds for abortion, more restrictive than the limitations set forth in K.S.A. 65-6731 through 65-6738, and amendments thereto.
History:
L. 2013, ch. 119, § 5; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 67 - Abortion › 65-6736 Same; no requirement to provide or right to an abortion.

65-6736. Same; no requirement to provide or right to an abortion.
Nothing in K.S.A. 65-6731 through 65-6738, and amendments thereto, shall be construed:
(a) To require any state agency or municipality to provide or pay for any abortion; or
(b) as creating or recognizing a right to an abortion.
History:
L. 2013, ch. 119, § 6; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 67 - Abortion › 65-6737 Same; discrimination prohibited.

65-6737. Same; discrimination prohibited.
No state agency shall discriminate against any individual or institutional health care entity on the basis that such health care entity does not provide, pay for or refer for abortions.
History:
L. 2013, ch. 119, § 7; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 67 - Abortion › 65-6738 Same; applicability of act.

65-6738. Same; applicability of act.
The limitations set forth in K.S.A. 65-6731 through 65-6738, and amendments thereto, shall not apply to an abortion which is necessary to preserve the life of the pregnant woman.
History:
L. 2013, ch. 119, § 8; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 67 - Abortion › 65-6739 Same; severability.

65-6739. Same; severability.
If any provision or clause of this act or application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable.
History:
L. 2013, ch. 119, § 23; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 67 - Abortion › 65-6741 Kansas unborn child protection from dismemberment abortion act; citation of act.

65-6741. Kansas unborn child protection from dismemberment abortion act; citation of act.
The provisions of K.S.A. 65-6741 through 65-6749, and amendments thereto, shall be known and may be cited as the Kansas unborn child protection from dismemberment abortion act.
History:
L. 2015, ch. 22, § 1; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 67 - Abortion › 65-6742 Definitions.

65-6742. Definitions.
As used in K.S.A. 65-6741 through 65-6749, and amendments thereto:
(a) "Abortion" means the same as defined in K.S.A. 65-6701, and amendments thereto.
(b) (1) "Dismemberment abortion" means, with the purpose of causing the death of an unborn child, knowingly dismembering a living unborn child and extracting such unborn child one piece at a time from the uterus through the use of clamps, grasping forceps, tongs, scissors or similar instruments that, through the convergence of two rigid levers, slice, crush or grasp a portion of the unborn child's body in order to cut or rip it off.
(2) The term "dismemberment abortion" does not include an abortion that uses suction to dismember the body of the unborn child by sucking fetal parts into a collection container. "Dismemberment abortion" includes an abortion in which a dismemberment abortion, as defined in paragraph (1), is used to cause the death of an unborn child, but suction is subsequently used to extract fetal parts after the death of the unborn child.
(c) "Knowingly" means the same as defined in K.S.A. 21-5202, and amendments thereto.
(d) "Medical emergency" means the same as defined in K.S.A. 65-6701, and amendments thereto.
History:
L. 2015, ch. 22, § 2; L. 2023, ch. 88, § 7; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 67 - Abortion › 65-6743 Dismemberment abortion prohibited; exceptions.

65-6743. Dismemberment abortion prohibited; exceptions.
(a) No person shall perform, or attempt to perform, a dismemberment abortion on an unborn child unless: (1) The dismemberment abortion is necessary to preserve the life of the pregnant woman; or (2) a continuation of the pregnancy will cause a substantial and irreversible physical impairment of a major bodily function of the pregnant woman. No condition shall be deemed to exist if it is based on a claim or diagnosis that the woman will engage in conduct that would result in her death or in substantial and irreversible physical impairment of a major bodily function.
(b) No woman upon whom an abortion is performed or attempted to be performed shall be liable for performing or attempting to perform a dismemberment abortion. No nurse, technician, secretary, receptionist or other employee or agent who is not a physician, but who acts at the direction of a physician, and no pharmacist or other individual who is not a physician, but who fills a prescription or provides instruments or materials used in an abortion at the direction of or to a physician shall be liable for performing or attempting to perform a dismemberment abortion.
History:
L. 2015, ch. 22, § 3; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 67 - Abortion › 65-6744 Cause of action for injunctive relief.

65-6744. Cause of action for injunctive relief.
The attorney general or any district or county attorney with appropriate jurisdiction may bring a cause of action for injunctive relief against a person who has performed or attempted to perform a dismemberment abortion in violation of K.S.A. 65-6743, and amendments thereto. Any injunctive relief ordered pursuant to an action filed under this section shall prohibit the defendant from performing or attempting to perform any dismemberment abortions in violation of K.S.A. 65-6743, and amendments thereto.
History:
L. 2015, ch. 22, § 4; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 67 - Abortion › 65-6745 Civil action for violation of act.

65-6745. Civil action for violation of act.
(a) A cause of action for civil damages against a person who has performed a dismemberment abortion in violation of K.S.A. 65-6743, and amendments thereto, may be maintained by the following persons, unless, in a case where the plaintiff is not the woman upon whom the abortion was performed, the pregnancy resulted from the plaintiff's criminal conduct:
(1) A woman upon whom a dismemberment abortion has been performed in violation of K.S.A. 65-6743, and amendments thereto;
(2) the father of the unborn child, if married to the woman at the time the dismemberment abortion was performed; or
(3) the parents or custodial guardians of the woman, if the woman has not attained the age of 18 years at the time of the abortion or has died as a result of the abortion.
(b) Damages awarded in such an action shall include:
(1) Money damages for all injuries, psychological and physical, occasioned by the dismemberment abortion;
(2) statutory damages equal to three times the cost of the dismemberment abortion;
(3) injunctive relief; and
(4) reasonable attorney fees awarded in accordance with subsection (d).
(d) (1) If judgment is rendered in favor of the plaintiff in an action brought under K.S.A. 65-6744, and amendments thereto, or this section, the court shall award reasonable attorney fees to the plaintiff in addition to any other relief that is awarded.
(2) If judgment is rendered in favor of the defendant in an action brought under K.S.A. 65-6744, and amendments thereto, or this section, and the court finds that the plaintiff's action was frivolous and brought in bad faith, the court shall award reasonable attorney fees to the defendant in addition to any other relief that is awarded.
(3) No attorney fees shall be assessed against the woman upon whom a dismemberment abortion was performed or attempted to be performed except in accordance with paragraph (2).
History:
L. 2015, ch. 22, § 5; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 67 - Abortion › 65-6746 Criminal penalties for violation of act.

65-6746. Criminal penalties for violation of act.
Upon a first conviction of a violation of K.S.A. 65-6743, and amendments thereto, a person shall be guilty of a class A person misdemeanor. Upon a second or subsequent conviction of a violation of K.S.A. 65-6743, and amendments thereto, a person shall be guilty of a severity level 10, person felony.
History:
L. 2015, ch. 22, § 6; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 67 - Abortion › 65-6747 Legal proceedings; public disclosure of name of woman, orders against such disclosure.

65-6747. Legal proceedings; public disclosure of name of woman, orders against such disclosure.
In every civil, criminal or administrative proceeding or action arising out of a violation of K.S.A. 65-6703, 65-6721, K.S.A. 65-6724 or 65-6743, and amendments thereto, the court shall rule whether the anonymity of any woman upon whom an unlawful abortion has been performed or attempted to be performed shall be preserved from public disclosure if she does not give her consent to such disclosure. The court, upon motion or sua sponte, shall make such a ruling and, upon determining that such woman's anonymity should be preserved, shall issue orders to the parties, witnesses and counsel and shall direct the sealing of the record and exclusion of individuals from courtrooms or hearing rooms to the extent necessary to safeguard her identity from public disclosure. Each such order shall be accompanied by specific written findings explaining why the anonymity of the woman should be preserved from public disclosure, why the order is essential to that end, how the order is narrowly tailored to serve that interest and why no reasonable less restrictive alternative exists. In the absence of written consent of the woman upon whom an unlawful abortion has been performed or attempted to be performed, anyone other than a public official who brings an action arising out of a violation of K.S.A. 65-6703, 65-6721, K.S.A. 65-6724 or 65-6743, and amendments thereto, shall do so under a pseudonym. This section shall not be construed to conceal the identity of the plaintiff or of witnesses from the defendant or from attorneys for the defendant.
History:
L. 2015, ch. 22, § 7; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 67 - Abortion › 65-6748 Construction of act.

65-6748. Construction of act.
Nothing in K.S.A. 65-6741 through 65-6749, and amendments thereto, shall be construed as creating or recognizing a right to abortion, nor a right to a particular method of abortion.
History:
L. 2015, ch. 22, § 8; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 67 - Abortion › 65-6749 Severability.

65-6749. Severability.
If any provision or clause of this act* or application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable.
History:
L. 2015, ch. 22, § 9; July 1.
* This act means L. 2015, ch. 22.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 67 - Abortion › 65-6750 Effect of injunction or other judicial order on provisions of article 67.

65-6750. Effect of injunction or other judicial order on provisions of article 67.
If any of the provisions of article 67 of chapter 65 of the Kansas Statutes Annotated, and amendments thereto, are temporarily or permanently enjoined or otherwise restricted and not given their full force and effect by judicial order, all other provisions of article 67 of chapter 65 of the Kansas Statutes Annotated, and amendments thereto, not so enjoined or otherwise restricted shall be enforced as though such enjoined or otherwise restricted provisions had not been enacted, provided, that if any such temporary or permanent injunction or other judicial order is stayed, lifted, dissolved or otherwise ceases to have effect, then such provisions shall have full force and effect.
History:
L. 2017, ch. 88, § 2; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 67 - Abortion › 65-6751 Born-alive infants protection act; citation of act.

65-6751. Born-alive infants protection act; citation of act.
The provisions of K.S.A. 2023 Supp. 65-6751 through 65-6759, and amendments thereto, shall be known and may be cited as the born-alive infants protection act.
History:
L. 2023, ch. 85, § 1; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 67 - Abortion › 65-6752 Definitions

65-6752. Definitions
As used in K.S.A. 2023 Supp. 65-6752 through 65-6758, and amendments thereto:
(a) "Abortion" means the same as defined in K.S.A. 65-6701, and amendments thereto.
(b) "Born alive" means the complete expulsion or extraction of a human being from its mother, at any stage of development, who, after such expulsion or extraction, breathes or has a beating heart, pulsation of the umbilical cord or definite movement of voluntary muscles, regardless of whether the umbilical cord has been cut and regardless of whether the expulsion or extraction occurs as a result of natural or induced labor, cesarean section or induced abortion.
(c) "Healthcare provider" means a physician, licensed physician assistant, licensed advanced practice registered nurse or person licensed, registered, certified or otherwise authorized to practice by the behavioral sciences regulatory board.
(d) "Medical care facility" means the same as defined in K.S.A. 65-425, and amendments thereto.
History:
L. 2023, ch. 85, § 2; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 67 - Abortion › 65-6753 Terms used in crimes against persons; inclusion of certain persons.

65-6753. Terms used in crimes against persons; inclusion of certain persons.
Whenever the terms "child," "human being" or "person" are used in K.S.A. 21-5401, 21-5402, 21-5403, 21-5404, 21-5405, 21-5406 and 21-5413(a) and (b), and amendments thereto, such terms shall include each member of the species homo sapiens who is born alive.
History:
L. 2023, ch. 85, § 3; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 67 - Abortion › 65-6754 Duty to preserve life and health of child born alive during abortion or attempted abortion; obligation to report failure of duty to law enforcement, when.

65-6754. Duty to preserve life and health of child born alive during abortion or attempted abortion; obligation to report failure of duty to law enforcement, when.
(a) In the event an abortion or attempted abortion results in a child being born alive, any healthcare provider present at the time the child is born alive shall:
(1) Exercise the same degree of professional skill, care and diligence to preserve the life and health of the child as a reasonably diligent and conscientious healthcare provider would render to any other child born alive at the same gestational age; and
(2) ensure that the child who is born alive is immediately transported to a hospital.
(b) Any healthcare provider or any employee of a medical care facility who has knowledge of a failure to comply with the requirements of subsection (a) shall immediately report such failure to an appropriate law enforcement agency.
History:
L. 2023, ch. 85, § 4; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 67 - Abortion › 65-6755 Criminal penalty for violation of act; exception.

65-6755. Criminal penalty for violation of act; exception.
(a) Any person who knowingly or recklessly violates K.S.A. 2023 Supp. 65-6754, and amendments thereto, shall be guilty of a severity level 10, nonperson felony.
(b) Any person who intentionally performs or attempts to perform an overt act that kills a child who is born alive during an abortion or attempted abortion shall be guilty of a severity level 1, person felony.
(c) The provisions of this section shall not apply to the woman upon whom the abortion is performed or attempted.
History:
L. 2023, ch. 85, § 5; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 67 - Abortion › 65-6756 Cause of action for violation of act; limitations; damages.

65-6756. Cause of action for violation of act; limitations; damages.
(a) The woman upon whom the abortion or attempted abortion was performed, the father of the child born alive and, if the woman has not attained 18 years of age at the time the abortion or attempted abortion is performed, the parents or custodial guardian of the woman upon whom the abortion or attempted abortion was performed may bring a civil action for any violation of K.S.A. 2023 Supp. 65-6754, and amendments thereto, to obtain appropriate relief.
(b) Any person who is not the woman upon whom the abortion or attempted abortion was performed shall be barred from bringing any action under this section if the pregnancy resulted from such person's criminal conduct.
(c) The prevailing party in any action brought under this section may be awarded reasonable attorney fees, except that if the prevailing party is the defendant, then the court shall find that the plaintiff's action was frivolous and brought in bad faith before the court and may award attorney fees to such defendant.
History:
L. 2023, ch. 85, § 6; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 67 - Abortion › 65-6757 Anonymity of woman upon whom abortion is performed or attempted; court orders.

65-6757. Anonymity of woman upon whom abortion is performed or attempted; court orders.
In any civil or criminal action brought pursuant to K.S.A. 2023 Supp. 65-6755 or 65-6756, and amendments thereto, upon a motion by either party or sua sponte, the court shall determine whether the anonymity of any woman upon whom an abortion or attempted abortion was performed shall be preserved if such woman does not give consent to the public disclosure of her name. If the court determines that such woman's anonymity should be preserved, then the court shall issue appropriate orders to the parties, witnesses and counsel and shall direct that the court records of the proceedings be sealed and all individuals who are not a party to the action, witnesses or counsel be excluded from the courtroom or hearing room to the extent necessary to safeguard the woman's identity from public disclosure. Each such order shall be accompanied by specific written findings explaining why the anonymity of the woman should be preserved from public disclosure, why the order is essential to that end, how the order is narrowly tailored to serve that interest and why no reasonable less restrictive alternative exists. This section shall not be construed to conceal the identity of the plaintiff or of witnesses from the defendant.
History:
L. 2023, ch. 85, § 7; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 67 - Abortion › 65-6758 Annual reports by medical care facilities; contents; penalty for failure to file.

65-6758. Annual reports by medical care facilities; contents; penalty for failure to file.
(a) Each medical care facility in which an infant is born alive subsequent to an abortion or attempted abortion performed on the mother of the infant shall submit an annual report to the secretary of health and environment on the number of such infants in such form and manner as prescribed by the secretary. Such report shall include:
(1) The approximate gestational age of the infant who was born alive expressed in one of the following increments:
(A) Less than nine weeks;
(B) nine to 10 weeks;
(C) 11 to 12 weeks;
(D) 13 to 15 weeks;
(E) 16 to 20 weeks;
(F) 21 to 24 weeks;
(G) 25 to 30 weeks;
(H) 31 to 36 weeks; or
(I) 37 weeks to term;
(2) any medical actions taken to preserve the life of the infant who was born alive;
(3) the outcome for such infants, including survival, death and location of death, such as a clinic, hospital or ambulance, if known; and
(4) the medical conditions of infants who were born alive, including conditions developed prior to and after the attempted abortion.
(b) The secretary may impose a civil fine in any amount not to exceed $500 on any medical care facility that fails to submit the required report within 30 days after the date such report is due to be submitted to the secretary. The secretary may impose an additional civil fine in an amount not to exceed $500 for each additional 30-day period that such medical care facility fails to submit the required report. If a medical care facility fails to submit a required report for more than one year following the date that such report is due to be submitted to the secretary, or submits an incomplete report during such time period and fails to correct the deficiencies in such report, the secretary may bring a civil action for an injunction to compel such medical care facility to submit the required report.
History:
L. 2023, ch. 85, § 8; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 67 - Abortion › 65-6759 Severability.

65-6759. Severability.
If any provision, word, phrase or clause of K.S.A. 2023 Supp. 65-6751 through 65-6758, and amendments thereto, or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect the provisions, words, phrases, clauses or applications of K.S.A. 2023 Supp. 65-6751 through 65-6758, and amendments thereto, that can be given effect without the invalid provision, word, phrase, clause or application and to this end, the provisions, words, phrases and clauses of K.S.A. 2023 Supp. 65-6751 through 65-6758, and amendments thereto, are declared severable.
History:
L. 2023, ch. 85, § 9; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 67a - Fetal Organs And Tissue › 65-67a01 Fetal organs or tissue; definitions.

65-67a01.
Fetal organs or tissue; definitions.
As used in this act:
(a) "Abortion" means an abortion as defined by K.S.A. 65-6701, and amendments thereto.
(b) (1) "Consideration" means:
(A) Any payment made or debt incurred;
(B) any gift, honorarium or recognition of value bestowed;
(C) any price, charge or fee which is waived, forgiven, reduced or indefinitely delayed;
(D) any loan or debt which is canceled or otherwise forgiven; or
(E) the transfer of any item from one person to another or provision of any service or granting of any opportunity for which a charge is customarily made, without charge or for a reduced charge.
(2) "Consideration" shall not mean:
(A) A payment in an amount not to exceed $25 for the cost of transporting, processing, preserving and storing fetal tissue; or
(B) a payment in an amount not to exceed the actual cost, as documented by the delivery service, of transporting fetal tissue.
(c) "Delivery service" means a common carrier as defined by K.S.A. 66-105, and amendments thereto, or other person or entity used to transport fetal tissue.
(d) "Fetal tissue" means any tissue, cells or organs obtained from a dead human embryo or fetus after an abortion or after a stillbirth.
(e) "Person" means a person as defined by K.S.A. 65-425, and amendments thereto.
(f) "Stillbirth" means a stillbirth as defined by K.S.A. 65-2401, and amendments thereto.
History:
L. 2000, ch. 148, § 1; May 25.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 67a - Fetal Organs And Tissue › 65-67a02 Same; construction of act.

65-67a02.
Same; construction of act.
Except as specifically provided by this act, nothing in this act shall be construed as either permitting or prohibiting the use of fetal tissue for any type of scientific, research, laboratory or other kind of experimentation either prior to or subsequent to any abortion or stillbirth.
History:
L. 2000, ch. 148, § 2; May 25.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 67a - Fetal Organs And Tissue › 65-67a03 Same; when act not applicable.

65-67a03.
Same; when act not applicable.
This act shall not apply to:
(a) The transfer of fetal tissue to a pathologist for testing or examination; or
(b) the transfer of fetal tissue for the purpose of immediate burial, cremation or final disposition.
History:
L. 2000, ch. 148, § 3; May 25.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 67a - Fetal Organs And Tissue › 65-67a04 Same; prohibitions; penalty.

65-67a04.
Same; prohibitions; penalty.
(a) No person shall solicit, offer, knowingly acquire or accept or transfer any fetal tissue for consideration.
(b) No person shall solicit, offer or knowingly acquire or accept or transfer any fetal tissue for the purpose of transplantation of such tissue into another person if:
(1) The fetal tissue will be or is obtained pursuant to an abortion; and
(2) (A) the donation of such fetal tissue will be or is made pursuant to a promise to the donating individual that the donated tissue will be transplanted into a recipient specified by such donating individual;
(B) such fetal tissue will be transplanted into a relative of the donating individual; or
(C) the person who solicits or knowingly acquires or accepts the donation of such fetal tissue has provided consideration for the costs associated with such abortion.
(c) Any person who intentionally, knowingly or recklessly violates this section shall be guilty of a severity level 2, nonperson felony.
History:
L. 2000, ch. 148, § 4; May 25.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 67a - Fetal Organs And Tissue › 65-67a05 Same; transfers of tissue; reports.

65-67a05.
Same; transfers of tissue; reports.
(a) Every person who transfers fetal tissue to another person shall submit annually a written report to the secretary of the department of health and environment which contains the following:
(1) The date of transfer;
(2) a description of the fetal tissue;
(3) the name and address of the transferor and the transferee;
(4) the amount of consideration received by the transferor for making the transfer;
(5) the mode of transfer or shipment; and
(6) the name of the delivery service.
(b) The identity of the woman donating the fetal tissue shall be confidential and shall not be included in any report required by this section.
(c) No person shall ship fetal tissue without disclosing to the delivery service that human tissue is contained in such shipment.
(d) Except as provided herein, information obtained by the secretary of health and environment under this section shall be confidential and shall not be disclosed in a manner that would reveal the identity of any person who submits a report to the secretary under this section. Such information, including information identifying any person submitting a report hereunder, may be disclosed to the attorney general upon a showing that a reasonable cause exists to believe that a violation of this act has occurred. Any information disclosed to the attorney general pursuant to this subsection shall be used solely for the purposes of a criminal prosecution.
(e) For the purpose of maintaining confidentiality, reports required by this section shall identify the name and address of the person submitting such report only by confidential code number assigned by the secretary of health and environment to such person and the department of health and environment shall maintain such reports only by such number.
(f) Any person who intentionally, knowingly or recklessly violates this section shall be guilty of a class A nonperson misdemeanor.
History:
L. 2000, ch. 148, § 5; May 25.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 67a - Fetal Organs And Tissue › 65-67a06 Same; prohibitions; penalty.

65-67a06.
Same; prohibitions; penalty.
(a) No person shall offer any monetary or other inducement to any other person for the purpose of procuring an abortion for the medical, scientific, experimental or therapeutic use of fetal organs or tissue.
(b) No person shall offer or accept any valuable consideration for the fetal organs or tissue resulting from an abortion. Nothing in this subsection shall prohibit payment for burial or other final disposition of the fetal remains or payment for a pathological examination, autopsy or postmortem examination of the fetal remains.
(c) Any person who intentionally, knowingly or recklessly violates this section shall be guilty of a severity level 2, nonperson felony.
History:
L. 2000, ch. 148, § 6; May 25.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 67a - Fetal Organs And Tissue › 65-67a07 Same; consent of donor.

65-67a07.
Same; consent of donor.
(a) No person shall use fetal organs or tissue for medical, scientific, experimental or therapeutic use without the voluntary and informed consent of the woman donating such tissue. Such consent shall not be discussed or obtained prior to obtaining the consent required under K.S.A. 65-6709, and amendments thereto.
(b) A person who intentionally, knowingly or recklessly violates this section shall be guilty of a severity level 2, nonperson felony.
History:
L. 2000, ch. 148, § 7; May 25.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 67a - Fetal Organs And Tissue › 65-67a08 Same; severability.

65-67a08.
Same; severability.
If any provision of this section [act] is held to be invalid or unconstitutional, it shall be presumed conclusively that the legislature would have enacted the remainder of this section [act] without such invalid or unconstitutional provision.
History:
L. 2000, ch. 148, § 8; May 25.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 67a - Fetal Organs And Tissue › 65-67a09 Child rape protection act; submission of fetal tissue from certain abortions; physicians' duties; rules and regulations; noncompliance, penalties.

65-67a09.
Child rape protection act; submission of fetal tissue from certain abortions; physicians' duties; rules and regulations; noncompliance, penalties.
(a) This section shall be known and may be cited as the child rape protection act.
(b) As used in this section:
(1) "Abortion" has the meaning provided in K.S.A. 65-6701, and amendments thereto.
(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 14 years of age at the time of the abortion procedure shall preserve, in accordance with rules and regulations adopted by the attorney general pursuant to this section, fetal tissue extracted during such abortion. The physician shall submit such tissue to the Kansas bureau of investigation or to a laboratory designated by the director of the Kansas bureau of investigation.
(d) The attorney general shall adopt rules and regulations prescribing:
(1) The amount and type of fetal tissue to be preserved and submitted by a physician pursuant to this section;
(2) procedures for the proper preservation of such tissue for the purpose of DNA testing and examination;
(3) procedures for documenting the chain of custody of such tissue for use as evidence;
(4) procedures for proper disposal of fetal tissue preserved pursuant to this section;
(5) a uniform reporting instrument mandated to be utilized by physicians when submitting fetal tissue under this section which shall include the name of the physician submitting the fetal tissue and the name, complete address of residence and name of the parent or legal guardian of the minor upon whom the abortion was performed; and
(6) procedures for communication with law enforcement agencies regarding evidence and information obtained pursuant to this section.
(e) Failure of a physician to comply with any provision of this section or any 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 a severity level 10, nonperson felony upon a second or subsequent conviction.
History:
L. 2005, ch. 149, § 3; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 67a - Fetal Organs And Tissue › 65-67a10 Disposition of fetal remains.

65-67a10.
Disposition of fetal remains.
Every maternity center and medical care facility licensed by the department of health and environment to operate in the state shall adopt written policies and inform parents regarding their options for disposition or taking of fetal remains in an event of a fetal death.
History:
L. 2008, ch. 98, § 3; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 68 - Health Care Data › 65-6801 Health care database; legislative intent; use of information.

65-6801. Health care database; legislative intent; use of information.
(a) The legislature recognizes the urgent need to provide health care consumers, third-party payors, providers and health care planners with information regarding the trends in use and cost of health care services in this state for improved decision-making. This is to be accomplished by compiling a uniform set of data and establishing mechanisms through which the data will be disseminated.
(b) It is the intent of the legislature to require that the information necessary for a review and comparison of utilization patterns, cost, quality and quantity of health care services be supplied to the health care database by all providers of health care services and third-party payors to the extent required by this section and K.S.A. 65-6805, and amendments thereto. The department of health and environment shall specify by rule and regulation the types of information which shall be submitted and the method of submission.
(c) The information is to be compiled and made available in a form prescribed by the department of health and environment to improve the decision-making processes regarding access, identified needs, patterns of medical care, price and use of health care services.
History:
L. 1993, ch. 174, § 1; L. 1994, ch. 90, § 2; L. 2000, ch. 131, § 2; L. 2005, ch. 187, § 30; L. 2012, ch. 102, § 25; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 68 - Health Care Data › 65-6802 Same; request for and use of data by department of health services administration of university of Kansas.

65-6802.
Same; request for and use of data by department of health services administration of university of Kansas.
(a) The department of health services administration of the university of Kansas and any institute or center established in association with the department is hereby authorized to request data for the purposes of conducting research, policy analysis and preparation of reports describing the performance of the health care delivery system from public, private and quasi-public entities.
(b) The department of health services administration of the university of Kansas may request data for purposes of conducting research, policy analysis and preparation of reports describing the performance of the health care delivery system from any quasi-public or private entity which has such data as deemed necessary by the department.
History:
L. 1993, ch. 174, § 2; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 68 - Health Care Data › 65-6803 Same; appointment of task forces; health care data policies and procedures.

65-6803. Same; appointment of task forces; health care data policies and procedures.
(a) The secretary of health and environment may appoint a task force or task forces of interested citizens and providers of health care for the purpose of studying technical issues relating to the collection of health care data. The secretary of health and environment or the secretary's designee shall be a member of any task force appointed under this subsection.
(b) The department of health and environment shall develop policy regarding the collection of health care data and procedures for ensuring the confidentiality and security of these data.
History:
L. 1993, ch. 174, § 3; L. 1997, ch. 75, § 1; L. 2000, ch. 131, § 1; L. 2004, ch. 169, § 1; L. 2005, ch. 187, § 31; L. 2012, ch. 102, § 26; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 68 - Health Care Data › 65-6804 Health care database; duties of the secretary of health and environment; health data collection contracts; acceptance of data; system of fees; rules and regulations; data confidential; penalties for violations.

65-6804. Health care database; duties of the secretary of health and environment; health data collection contracts; acceptance of data; system of fees; rules and regulations; data confidential; penalties for violations.
(a) The secretary of health and environment shall administer the health care database. In administering the health care database, the secretary shall receive health care data from those entities identified in K.S.A. 65-6805, and amendments thereto, and provide for the dissemination of such data.
(b) The secretary of health and environment may contract with an organization experienced in health care data collection to collect the data from the health care facilities as described in subsection (h) of K.S.A. 65-425, and amendments thereto, build and maintain the database. The secretary of health and environment may accept data submitted by associations or related organizations on behalf of health care providers by entering into binding agreements negotiated with such associations or related organizations to obtain data required pursuant to this section.
(c) The secretary of health and environment shall adopt rules and regulations governing the acquisition, compilation and dissemination of all data collected pursuant to this act. The rules and regulations shall provide at a minimum that:
(1) Measures have been taken to provide system security for all data and information acquired under this act;
(2) data will be collected in the most efficient and cost-effective manner for both the department and providers of data;
(3) procedures will be developed to assure the confidentiality of patient records;
(4) users may be charged for data preparation or information that is beyond the routine data disseminated and that the secretary of health and environment shall establish by the adoption of such rules and regulations a system of fees for such data preparation or dissemination; and
(5) the secretary of health and environment will ensure that the health care database will be kept current, accurate and accessible as prescribed by rules and regulations.
(d) Data and other information collected pursuant to this act shall not be disclosed by the department of health and environment or made public in any manner which would identify individuals. A violation of this subsection (d) is a class C misdemeanor.
(e) In addition to such criminal penalty under subsection (d), any individual whose identity is revealed in violation of subsection (d) may bring a civil action against the responsible person or persons for any damages to such individual caused by such violation.
History:
L. 1993, ch. 174, § 4; L. 1994, ch. 90, § 3; L. 1995, ch. 260, § 9; L. 2000, ch. 131, § 3; L. 2005, ch. 187, § 32; L. 2012, ch. 102, § 27; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 68 - Health Care Data › 65-6805 Same; medical, health care and other entities to file health care data; exception.

65-6805. Same; medical, health care and other entities to file health care data; exception.
Each medical care facility as defined by K.S.A. 65-425, and amendments thereto; health care provider as defined in K.S.A. 40-3401, and amendments thereto; providers of health care as defined in K.S.A. 65-5001, and amendments thereto; health care personnel as defined in K.S.A. 65-5001, and amendments thereto; home health agency as defined by K.S.A. 65-5101, and amendments thereto; psychiatric hospitals licensed under K.S.A. 39-2001 et seq., and amendments thereto; state institutions for people with intellectual disability; community facilities for people with intellectual disability as defined under K.S.A. 65-4412, and amendments thereto; community mental health center as defined under K.S.A. 65-4432, and amendments thereto; adult care homes as defined by K.S.A. 39-923, and amendments thereto; laboratories described in K.S.A. 65-1,107, and amendments thereto; pharmacies; board of nursing; Kansas dental board; board of examiners in optometry; state board of pharmacy; state board of healing arts and third-party payors, including, but not limited to, licensed insurers, medical and hospital service corporations, health maintenance organizations, fiscal intermediaries for government-funded programs and self-funded employee health plans, shall file health care data with the department of health and environment as prescribed by the secretary of health and environment. The provisions of this section shall not apply to any individual, facility or other entity under this section that uses spiritual means through prayer alone in accordance with the tenets and practices of a recognized church or religious denomination for the treatment or cure of disease.
History:
L. 1993, ch. 174, § 5; L. 1994, ch. 90, § 4; L. 2005, ch. 187, § 33; L. 2012, ch. 91, § 54; L. 2012, ch. 166, § 13; L. 2017, ch. 17, § 10; L. 2018, ch. 71, § 26; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 68 - Health Care Data › 65-6806 Same; availability of data.

65-6806. Same; availability of data.
The department of health and environment shall make the data available to interested parties on the basis prescribed by the department and as directed by rules and regulations.
History:
L. 1993, ch. 174, § 6; L. 2005, ch. 187, § 34; L. 2012, ch. 102, § 29; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 68 - Health Care Data › 65-6807 Same; annual report to governor and legislature.

65-6807. Same; annual report to governor and legislature.
The department of health and environment shall on or before February 1 each year make a report to the governor and the legislature as to health care data activity, including examples of policy analyses conducted and purposes for which the data was disseminated and utilized, and as to the progress made in compiling and making available the information specified under K.S.A. 65-6801, and amendments thereto.
History:
L. 1993, ch. 174, § 7; L. 1995, ch. 137, § 1; L. 2005, ch. 187, § 35; L. 2012, ch. 102, § 30; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 68 - Health Care Data › 65-6809 Health care database fee fund; fees credited; authorized uses; interest earnings credited; administration.

65-6809. Health care database fee fund; fees credited; authorized uses; interest earnings credited; administration.
(a) There is hereby established in the state treasury the health care database fee fund. The secretary of health and environment shall remit to the state treasurer, in accordance with the provisions of K.S.A. 75-4215, and amendments thereto, all moneys collected or received by the secretary from the following sources:
(1) Fees collected under K.S.A. 65-6804, and amendments thereto;
(2) moneys received by the secretary in the form of gifts, donations or grants;
(3) interest attributable to investment of moneys in the fund; and
(4) any other moneys provided by law.
Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the health care database fee fund.
(b) Moneys deposited in the health care database fee fund shall be expended to supplement maintenance costs of the database, provide technical assistance and training in the proper use of health care data and provide funding for dissemination of information from the database to the public.
(c) On or before the 10th of each month, the director of accounts and reports shall transfer from the state general fund to the health care database fee fund interest earnings based on:
(1) The average daily balance of moneys in the health care database fee fund for the preceding month; and
(2) the net earnings rate of the pooled money investment portfolio for the preceding month.
(d) All expenditures from the health care database fee fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary of health and environment or the secretary's designee for the purposes set forth in this section.
History:
L. 1994, ch. 90, § 1; L. 1996, ch. 253, § 21; L. 2001, ch. 5, § 270; L. 2005, ch. 187, § 36; L. 2012, ch. 102, § 31; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 68 - Health Care Data › 65-6821 Kansas health information technology act.

65-6821. Kansas health information technology act.
K.S.A. 65-6821 through 65-6834 and 65-6835, and amendments thereto, shall be known and may be cited as the Kansas health information technology act.
History:
L. 2011, ch. 114, § 21; L. 2013, ch. 112, § 8; July 1.