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 9  AN ACT concerning abortion; relating to the definition of viable; amend-
10    ing K.S.A. 65-6701 and repealing the existing section.
11
12  Be it enacted by the Legislature of the State of Kansas:
13    Section 1.  K.S.A. 65-6701 is hereby amended to read as follows: 65-
14  6701. As used in this act:
15    (a)  ``Abortion'' means the use of any means to intentionally terminate
16  a pregnancy except for the purpose of causing a live birth. Abortion does
17  not include: (1) The use of any drug or device that inhibits or prevents
18  ovulation, fertilization or the implantation of an embryo; or (2) disposition
19  of the product of in vitro fertilization prior to implantation.
20    (b)  ``Counselor'' means a person who is: (1) Licensed to practice med-
21  icine and surgery; (2) licensed to practice psychology; (3) licensed to prac-
22  tice professional or practical nursing; (4) registered to practice profes-
23  sional counseling; (5) licensed as a social worker; (6) the holder of a
24  master's or doctor's degree from an accredited graduate school of social
25  work; (7) registered to practice marriage and family therapy; (8) a regis-
26  tered physician's assistant; or (9) a currently ordained member of the
27  clergy or religious authority of any religious denomination or society.
28  Counselor does not include the physician who performs or induces the
29  abortion or a physician or other person who assists in performing or in-
30  ducing the abortion.
31    (c)  ``Minor'' means a person less than 18 years of age.
32    (d)  ``Physician'' means a person licensed to practice medicine and
33  surgery in this state.
34    (e)  ``Unemancipated minor'' means any minor who has never been:
35    (1) Married; or (2) freed, by court order or otherwise, from the care,
36  custody and control of the minor's parents.
37    (f)  ``Viable'' means that stage of gestation when, in the best medical
38  judgment of the attending physician, the fetus is capable of sustained
39  survival outside the uterus with or without the application of extraordi-
40  nary medical means.
41    Sec. 2.  K.S.A. 65-6701 is hereby repealed.
SB 233
                                     

 1    Sec. 3.  This act shall take effect and be in force from and after its
 2  publication in the statute book.