Brief⁽¹⁾

The bill would amend existing law regarding abortions and enact a new provision prohibiting partial birth abortions in certain circumstances. Major provisions of the bill are summarized below.

The bill would:

In Section 1

• prohibit "legal or financial affiliation," rather than "financial association," of the two doctors required to be involved in a post-viability or partial birth abortion decision;

• replace the existing fetal abnormality exception to the post-viability abortion prohibition with an exception that would allow a post-viability abortion if "continuation of the pregnancy will cause a substantial and irreversible impairment of a major bodily function of the pregnant woman";

• require a physician to determine gestational age prior to any abortion, except in the case of a medical emergency;



• if the physician determines the gestational age to be less than 20 weeks, the physician must document the basis for the determination in the woman's medical records;





• after 20 weeks gestational age, require the doctor to determine whether the unborn child is viable and conduct medical examinations and tests to determine "gestational age, weight, and lung maturity";



• viability determination would be made by the physician exercising that degree of care exercised by the ordinary prudent physician engaged in obstetrical, perinatal, or neonatal practice,



• findings and determinations of viability would have to be recorded in the woman's medical records, and



• a new definition of viability would include as viable those unborn children able to live outside the mother's body with artificial support;





• require the doctor to report to the Kansas Department of Health and Environment (KDHE) the reason for determining that the fetus was 20 or more weeks of age and not viable when a post-20-week nonviable fetus is aborted;



• require a doctor to report to KDHE the basis for the determination of fetal age and viability and the necessity for the abortion when a post-20-week viable fetus is aborted;



• require the doctor to retain the woman's medical records, including the determination of gestational age, fetal viability, and necessity for the abortion, for at least three years and the required written reports to KDHE for at least five years; and



• make conviction of a violation of any provision of Section 1 of the bill a level 10, person felony;

In Section 2

• prohibit partial birth abortions any time unless the woman has a referral from another doctor and both doctors determine that the abortion is necessary to preserve the woman's life;

• define a partial birth abortion as an "abortion in which the fetus is partially delivered vaginally and then intentionally killed before completing the delivery";



• require the doctor to include the reasons for a determination of necessity for a partial birth abortion in reports filed with KDHE;



• make the first conviction for violation of the partial birth abortion provisions a class A person misdemeanor and the second a level 10 person felony;

In Section 3

• require physicians to conform with the Woman's Right to Know Act whether or not an abortion is performed;

In Section 4

• amend the abortion reporting statute to reference the reports of determination of fetal viability, gestational age, and medical necessity for abortion required in Section 1;

In Section 5

• make a violation of either the gestational age and viability determination and reporting requirements or the partial birth abortion provisions part of the definition of unprofessional conduct in the healing arts statutes.

The bill would become effective upon publication in the Kansas Register.

Background

The bill, as introduced, contained supplemental appropriation authorization for FY 1998 for several agencies. Those appropriations were stricken from the bill and replaced with the abortion provisions. This amendment was offered by Representative Farmer.

At the time the House Committee took action on the amended version of the bill, 1997 S.B. 234, which contains provisions that would restrict late term abortions and partial birth abortions was in a conference committee.

No estimate of fiscal impact was available at the time the House Committee took action on the bill in its amended form.

1. *Supplemental notes are prepared by the Legislative Research Department and do not express legislative intent. The supplemental note and fiscal note for this bill may be accessed on the Internet at http://www.ink.org/public/legislative/fulltext-bill.html.