65-6742. Definitions. As used in K.S.A. 65-6741 through 65-6749, and amendments thereto:
(a) "Abortion" means the use or prescription of any instrument, medicine, drug or any other substance or device to terminate the pregnancy of a woman known to be pregnant with an intention other than to increase the probability of a live birth, to preserve the life or health of the child after live birth, or to remove a dead unborn child who died as the result of natural causes in utero, accidental trauma or a criminal assault on the pregnant woman or her unborn child, and which causes the premature termination of the pregnancy.
(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 which uses suction to dismember the body of the unborn child by sucking fetal parts into a collection container, although it does include an abortion in which a dismemberment abortion, as defined in subsection (b)(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" shall have the same meaning attributed to such term in K.S.A. 2021 Supp. 21-5202, and amendments thereto.
(d) "Medical emergency" means a condition that, in reasonable medical judgment, so complicates the medical condition of the pregnant woman as to necessitate the immediate abortion of her pregnancy to avert the death of the woman or for which a delay necessary to comply with the applicable statutory requirements will create serious risk of substantial and irreversible physical impairment of a major bodily function. No condition shall be deemed a medical emergency if based on a claim or diagnosis that the woman will engage in conduct which would result in her death or in substantial and irreversible physical impairment of a major bodily function.
History: L. 2015, ch. 22, ยง 2; July 1.
Structure Kansas Statutes
65-6704 Abortion upon minor; required information and counseling.
65-6707 Same; severability clause.
65-6708 Woman's-right-to-know act; citation.
65-6711 Same; information where medical emergency compels performances of an abortion.
65-6714 Same; severability clause.
65-6722 Abortion of pain-capable unborn child; legislative findings.
65-6725 Same; construction of act.
65-6726 Abortion based on gender; prohibited.
65-6731 Prohibition on certain funding for abortions; definitions.
65-6732 Legislative declaration that life begins at fertilization.
65-6733 Prohibition on certain funding for abortion.
65-6734 Same; school districts.
65-6735 Same; construction of act.
65-6736 Same; no requirement to provide or right to an abortion.
65-6737 Same; discrimination prohibited.
65-6738 Same; applicability of act.
65-6741 Kansas unborn child protection from dismemberment abortion act; citation of act.
65-6743 Dismemberment abortion prohibited; exceptions.
65-6744 Cause of action for injunctive relief.
65-6745 Civil action for violation of act.
65-6746 Criminal penalties for violation of act.
65-6747 Legal proceedings; public disclosure of name of woman, orders against such disclosure.
65-6750 Effect of injunction or other judicial order on provisions of article 67.