65-6704. Abortion upon minor; required information and counseling.
65-6704
65-6704. Abortion upon minor; required information and counseling.(a) Before the performance of an abortion upon a minor, acounselor shallprovide pregnancy information and counseling ina manner that can be understood by the minor and allows opportunity for theminor's questions to be addressed.A parent or guardian, or a person 21 or more years of age who is notassociatedwith the abortion provider and who has a personal interest in the minor'swell-being, shall accompany the minor and be involved in the minor'sdecision-makingprocess regarding whether to have an abortion.Such information and counseling shallinclude:
(1) The alternatives available to the minor, including abortion, adoptionandother alternatives to abortion;
(2) an explanation that the minor may change a decision to have an abortionat any time before the abortion is performed or may decide to have an abortionat any time while an abortion may be legally performed;
(3) make available to the minor information on agencies available to assistthe minor and agencies from which birth control information is available;
(4) discussion of the possibility of involving the minor's parent orparents, otheradult family members or guardian in the minor's decision-making; and
(5) information regarding the provisions of K.S.A. 65-6705 andthe minor's rightsunder such provisions.
(b) After the performance of an abortion on a minor, a counselor shallprovide counseling to assist the minor in adjusting to any post-abortionproblems that the minor may have.
(c) After the counselor provides information and counseling to a minoras required by this section, the counselor shall have the minor sign and date astatement setting forth the requirements of subsections (a) and (b) anddeclaring thattheminor has received information and counseling in accordance with thoserequirements.
(d) The counselor shall also sign and date the statement and shall includethecounselor's business address and business telephone number. The counselorshall keep a copy for the minor's medical record and shall give the form to theminor or, if the minor requests and if the counselor is not the attendingphysician, transmit the statement to the minor's attending physician. Suchmedicalrecord shall be maintained as otherwise provided by law.
(e) The provision by a counselor of written materials which containinformation and counseling meeting the requirements of subsections (a) and (b)and which is signed by the minor shall be presumed tobe evidence of compliance with the requirements of this section.
(f) The requirements of subsection (a) shall not apply when, in the bestmedical judgment of the attending physician based on the facts of the case, anemergency exists that threatens thehealth, safety or well-being of the minor as to require an abortion.A physician who does not comply with the requirements of this section by reasonof this exception shall state in the medical record of the abortion the medicalindications on which the physician's judgment was based.
History: L. 1992, ch. 183, § 4; July 1.