65-6709. Same; abortion, informed consent required; information required to be given to women, certification of receipt; offer to view ultrasound image and hear heartbeat, certification of offer; requ
65-6709
65-6709. Same; abortion, informed consent required;information required to be given to women, certification of receipt; offer toview ultrasound image and hear heartbeat, certification of offer; requiredsignage.No abortion shall be performed or induced without thevoluntaryand informed consent of the woman upon whom the abortion is to be performed orinduced. Except in the case of a medical emergency, consent to an abortion isvoluntary and informed only if:
(a) At least 24 hours before the abortion the physician who is to performthe abortion or the referring physician has informed the womanin writing of:
(1) The name of the physician who will perform the abortion;
(2) a description of the proposed abortion method;
(3) a description of risks related to the proposed abortion method,including risks to the woman's reproductive healthandalternatives to theabortion that a reasonable patient would consider material to the decision ofwhether or not to undergo the abortion;
(4) the probable gestational age of the fetus at the time theabortion is to be performed and that Kansas law requires the following: "Noperson shallperformor induce an abortion when the fetus is viable unless such person is aphysician and has a documented referral from another physician not financiallyassociatedwith the physician performing or inducing the abortion and both physiciansdetermine that: (1) The abortion is necessary to preserve the life of thepregnant woman; or (2) that a continuation of thepregnancy will cause a substantial and irreversible impairment of a majorbodily function of the pregnant woman."If the child is born alive, the attendingphysician has the legal obligation to take all reasonable steps necessary tomaintain the life and health of the child;
(5) the probable anatomical and physiological characteristics of the fetusat the time the abortion is to be performed;
(6) the contact information for free counseling assistance for medicallychallenging pregnancies and the contact information for free perinatal hospiceservices;
(7) the medical risks associated with carrying a fetus toterm; and
(8) any need for anti-Rh immune globulin therapy, if she isRh negative, thelikely consequences of refusing such therapy and the cost of the therapy.
(b) At least 24 hours before the abortion, the physician who is toperformthe abortion, the referring physician or a qualified person has informed thewoman in writing that:
(1) Medical assistance benefits may be available for prenatal care,childbirth and neonatal care, and that more detailed information on theavailability of such assistance is contained in the printed materials given toher and described in K.S.A. 65-6710, and amendments thereto;
(2) the informational materials in K.S.A.65-6710, and amendments thereto, are available in printed form andonline, and describe the fetus, list agencies which offeralternatives to abortion with a special section listing adoption servicesand list providers of free ultrasound services;
(3) the father of the fetus is liable to assist in the support of herchild, even in instances where he has offered to pay for the abortion exceptthat in the case of rape this information may be omitted; and
(4) the woman is free to withhold or withdraw her consent to the abortion atanytime prior to invasion of the uterus without affecting her right tofuture careor treatment and without the loss of any state or federally-funded benefits towhich she might otherwise be entitled.
(c) At least 30 minutes prior to the abortion procedure, prior tophysical preparation for theabortion and prior to the administration of medication for the abortion, thewoman shall meet privately with the physician who is to perform the abortionand such person's staffto ensure thatshe has anadequate opportunity to ask questions of and obtain information from thephysician concerning the abortion.
(d) At least 24 hours before the abortion, the woman is given a copy ofthe informational materials described in K.S.A.65-6710, and amendmentsthereto.If the woman asksquestions concerning any of the information or materials, answers shall beprovided to her in her own language.
(e) The woman certifies in writing on a form provided by the department,prior to the abortion, that the information required to be provided undersubsections (a), (b) and (d) has been provided and that she has met with thephysician who is to perform the abortion on an individual basis as providedunder subsection (c). All physicians who performabortions shall report the total number of certifications received monthly tothe department. The department shall make the number of certifications receivedavailable on an annual basis.
(f) Prior to the performance of the abortion, the physician who is toperform the abortion or the physician's agent receives a copy of the writtencertification prescribed by subsection (e) of this section.
(g) The woman is not required to pay any amount for the abortion procedureuntil the 24-hour waiting period has expired.
(h) A physician who will use ultrasound equipment preparatory to orin the performance of theabortion, at least 30 minutes prior to the performance of the abortion:
(1) Informs the woman that she has the right to view the ultrasound image ofher unbornchild, at no additional expense to her;
(2) informs the woman that she has the right to receive a physical picture ofthe ultrasoundimage, at no additional expense to her;
(3) offers the woman the opportunity to view the ultrasound image and receivea physicalpicture of the ultrasound image;
(4) certifies in writing that the woman was offered the opportunity to viewthe ultrasoundimage and receive a physical picture of the ultrasound image at least 30minutes prior to theperformance of the abortion; and
(5) obtains the woman's signed acceptance or rejection of the opportunity toview theultrasound image and receive a physical picture of the ultrasound image.
If the woman accepts the offer and requests to view the ultrasound image,receive a physicalpicture of the ultrasound image or both, her request shall be granted by thephysician at no additionalexpense to the woman. The physician's certification shall be time-stamped atthe time theopportunity to view the ultrasound image and receive a physical picture of theultrasound imagewas offered.
(i) A physician who will use heart monitor equipment preparatory to orin the performance of the abortion, at least 30 minutes prior to theperformance of the abortion:
(1) Informs the woman that she has the right to listen to the heartbeat ofherunborn child,at no additional expense to her;
(2) offers the woman the opportunity to listen to the heartbeat of her unbornchild;
(3) certifies in writing that the woman was offered the opportunity to listento theheartbeat of her unborn child at least 30 minutes prior to the performance ofthe abortion; and
(4) obtains the woman's signed acceptance or rejection of the opportunity tolisten to theheartbeat of her unborn child.
If the woman accepts the offer and requests to listen to the heartbeat of herunborn child, herrequest shall be granted by the physician at no additional expense to thewoman. The physician'scertification shall be time-stamped at the time the opportunity to listen tothe heartbeat of herunborn child was offered.
(j) The physician's certification required by subsections (h) and (i)together with thepregnant woman's signed acceptance or rejection of such offer shall be placedin the woman'smedical file in the physician's office and kept for 10 years. However, in thecase of a minor, thephysician shall keep a copy of the certification and the signed acceptance orrejection in theminor's medical file for five years past the minor's majority, but in no eventless than 10 years.
(k) Any private office, freestanding surgical outpatient clinic or otherfacility or clinic inwhich abortions are performed shall conspicuously post a sign in a location soas to be clearlyvisible to patients. The sign required pursuant to this subsection shall beprinted with lettering that is legible and shall be at least three quarters ofan inch boldfaced type which reads:
Notice: It is against the law for anyone, regardless of their relationship toyou, to force you tohave an abortion. By law, we cannot perform an abortion on you unless we haveyour freelygiven and voluntary consent. It is against the law to perform an abortion onyou against yourwill. You have the right to contact any local or state law enforcement agencyto receiveprotection from any actual or threatened physical abuse or violence. You havethe right to changeyour mind at any time prior to the actual abortion and request that theabortion procedure cease.
The provisions of this subsection shall not apply to any private office,freestanding surgicaloutpatient clinic or other facility or clinic which performs abortions onlywhen necessary toprevent the death of the pregnant woman.
(l) For purposes of this section, the term "medically challenging pregnancy"means a pregnancy where the fetus is diagnosed as having: (1) A severe anomaly;or (2) an illness, disease or defect which is invariably fatal.
History: L. 1997, ch. 190, § 27;L. 2009, ch. 28, § 1; July 1.