- 60-4401: Citation of act.
K.S.A. 60-4401 through 60-4407, and amendments thereto,
shall be known and may be cited as the "prevention of assisted suicide act."
History: L. 1998, ch. 142, § 1; July 1.
- 60-4402: Definitions.
As used in K.S.A. 21-3406, 60-4401 through 60-4407, 65-1120,
65-1436, 65-1627i, 65-2006 and 65-2836:
(a) "Licensed health care professional" means a person licensed to practice
medicine and surgery, licensed podiatrist, licensed
physician assistant,
licensed nurse,
dentist or licensed pharmacist.
(b) "Suicide" means the act or instance of taking one's own life voluntarily
and
intentionally.
History: L. 1998, ch. 142, § 2;
L. 2000, ch. 162, § 16; Feb. 1, 2001.
- 60-4403: Standard of conduct of licensed health care
professional related to assisting suicide; family member conduct; spiritual
treatment.
(a) A licensed health care professional who administers,
prescribes or
dispenses medications or procedures to relieve another person's pain or
discomfort does not violate K.S.A. 21-3406 and amendments thereto unless the
medications or procedures are knowingly administered, prescribed or dispensed
with the intent to cause death.
A mid-level practitioner as defined in K.S.A. 65-1626
and
amendments thereto who prescribes medications or procedures to relieve another
person's pain or discomfort does not violate K.S.A. 21-3406 and amendments
thereto unless the medications or procedures are knowingly prescribed with the
intent to cause death.
(b) A licensed health care professional, family member or other legally
authorized person who participates in the act of, or the decision making
process which results in the withholding or withdrawal of a life-sustaining
procedure does not
violate K.S.A. 21-3406 and amendments thereto.
(c) Providing spiritual treatment through prayer alone, in lieu of medical
treatment, does not violate K.S.A. 21-3406 and amendments thereto.
History: L. 1998, ch. 142, § 4;
L. 1999, ch. 115, § 7;
L. 2006, ch. 110, § 4;
L. 2007, ch. 177, § 29; May 17.
- 60-4404: Cause of action for injunctive relief
against person about to violate assisting suicide law.
(a) A cause of action for injunctive relief may be maintained
against any person who is reasonably believed to be about to violate or who is
in the course of violating K.S.A. 21-3406 and amendments thereto by any person
who is:
(1) The spouse, parent, child or sibling of the person who would commit
suicide.
(2) Entitled to inherit from the person who would commit suicide.
(3) A health care provider of the person who would commit suicide.
(4) A public official with appropriate jurisdiction to prosecute or enforce
the laws of this state.
History: L. 1998, ch. 142, § 5; July 1.
- 60-4405: Cause of action for civil damages against
person violating assisting suicide law.
A cause of action for civil damages may be maintained against
any person who
violates or who attempts to violate K.S.A. 21-3406 and amendments thereto by
any person
who is the spouse, parent,
child, sibling, or entitled to inherit from the person or who is the personal
representative of the person who did or would
commit suicide
for compensatory damages and exemplary damages, whether or not the plaintiff
consented to or had prior knowledge of the violation or attempt.
History: L. 1998, ch. 142, § 6; July 1.
- 60-4406: Injunctive relief or civil action; attorney
fees awarded.
Reasonable attorney fees shall be awarded to the prevailing
plaintiff in a civil action brought pursuant to
K.S.A. 60-4404 or
60-4405
and amendments
thereto, or in a proceeding for a judgment of contempt of court for violating
an injunction issued under
K.S.A. 60-4404 and amendments thereto. If
the defendant
prevails, and the court determines that a plaintiff brought the suit or the
proceeding for a judgment of contempt frivolously or in bad faith, reasonable
attorney fees shall be awarded to the defendant.
History: L. 1998, ch. 142, § 7; July 1.
- 60-4407: Severability clause.
If any one or more provision, section, subsection, sentence,
clause, phrase or word of this act [*] or the application thereof to any
person or circumstance is found to be unconstitutional, the same is hereby
declared to be severable and the balance of this act [*] shall remain
effective notwithstanding such unconstitutionality. The legislature hereby
declares that it would have passed this act [*], and each provision,
section, subsection, sentence, clause, phrase or word thereof, irrespective of
the fact that any one or more provision, section, subsection, sentence, clause,
phrase or word be declared unconstitutional.
History: L. 1998, ch. 142, § 14; July 1.