(a) "Abortion" means an abortion as defined by K.S.A. 65-6701, and amendments thereto.
(b) (1) "Consideration" means:
(A) Any payment made or debt incurred;
(B) any gift, honorarium or recognition of value bestowed;
(C) any price, charge or fee which is waived, forgiven, reduced or indefinitely delayed;
(D) any loan or debt which is canceled or otherwise forgiven; or
(E) the transfer of any item from one person to another or provision of any service or granting of any opportunity for which a charge is customarily made, without charge or for a reduced charge.
(2) "Consideration" shall not mean:
(A) A payment in an amount not to exceed $25 for the cost of transporting, processing, preserving and storing fetal tissue; or
(B) a payment in an amount not to exceed the actual cost, as documented by the delivery service, of transporting fetal tissue.
(c) "Delivery service" means a common carrier as defined by K.S.A. 66-105, and amendments thereto, or other person or entity used to transport fetal tissue.
(d) "Fetal tissue" means any tissue, cells or organs obtained from a dead human embryo or fetus after an abortion or after a stillbirth.
(e) "Person" means a person as defined by K.S.A. 65-425, and amendments thereto.
(f) "Stillbirth" means a stillbirth as defined by K.S.A. 65-2401, and amendments thereto.
History: L. 2000, ch. 148, § 1; May 25.
History: L. 2000, ch. 148, § 2; May 25.
(a) The transfer of fetal tissue to a pathologist for testing or examination; or
(b) the transfer of fetal tissue for the purpose of immediate burial, cremation or final disposition.
History: L. 2000, ch. 148, § 3; May 25.
(b) No person shall solicit, offer or knowingly acquire or accept or transfer any fetal tissue for the purpose of transplantation of such tissue into another person if:
(1) The fetal tissue will be or is obtained pursuant to an abortion; and
(2) (A) the donation of such fetal tissue will be or is made pursuant to a promise to the donating individual that the donated tissue will be transplanted into a recipient specified by such donating individual;
(B) such fetal tissue will be transplanted into a relative of the donating individual; or
(C) the person who solicits or knowingly acquires or accepts the donation of such fetal tissue has provided consideration for the costs associated with such abortion.
(c) Any person who intentionally, knowingly or recklessly violates this section shall be guilty of a severity level 2, nonperson felony.
History: L. 2000, ch. 148, § 4; May 25.
(1) The date of transfer;
(2) a description of the fetal tissue;
(3) the name and address of the transferor and the transferee;
(4) the amount of consideration received by the transferor for making the transfer;
(5) the mode of transfer or shipment; and
(6) the name of the delivery service.
(b) The identity of the woman donating the fetal tissue shall be confidential and shall not be included in any report required by this section.
(c) No person shall ship fetal tissue without disclosing to the delivery service that human tissue is contained in such shipment.
(d) Except as provided herein, information obtained by the secretary of health and environment under this section shall be confidential and shall not be disclosed in a manner that would reveal the identity of any person who submits a report to the secretary under this section. Such information, including information identifying any person submitting a report hereunder, may be disclosed to the attorney general upon a showing that a reasonable cause exists to believe that a violation of this act has occurred. Any information disclosed to the attorney general pursuant to this subsection shall be used solely for the purposes of a criminal prosecution.
(e) For the purpose of maintaining confidentiality, reports required by this section shall identify the name and address of the person submitting such report only by confidential code number assigned by the secretary of health and environment to such person and the department of health and environment shall maintain such reports only by such number.
(f) Any person who intentionally, knowingly or recklessly violates this section shall be guilty of a class A nonperson misdemeanor.
History: L. 2000, ch. 148, § 5; May 25.
(b) No person shall offer or accept any valuable consideration for the fetal organs or tissue resulting from an abortion. Nothing in this subsection shall prohibit payment for burial or other final disposition of the fetal remains or payment for a pathological examination, autopsy or postmortem examination of the fetal remains.
(c) Any person who intentionally, knowingly or recklessly violates this section shall be guilty of a severity level 2, nonperson felony.
History: L. 2000, ch. 148, § 6; May 25.
(b) A person who intentionally, knowingly or recklessly violates this section shall be guilty of a severity level 2, nonperson felony.
History: L. 2000, ch. 148, § 7; May 25.
History: L. 2000, ch. 148, § 8; May 25.
(b) As used in this section:
(1) "Abortion" has the meaning provided in K.S.A. 65-6701, and amendments thereto.
(2) "Physician" means any person licensed to practice medicine and surgery.
(c) Any physician who performs an abortion on a minor who was less than 14 years of age at the time of the abortion procedure shall preserve, in accordance with rules and regulations adopted by the attorney general pursuant to this section, fetal tissue extracted during such abortion. The physician shall submit such tissue to the Kansas bureau of investigation or to a laboratory designated by the director of the Kansas bureau of investigation.
(d) The attorney general shall adopt rules and regulations prescribing:
(1) The amount and type of fetal tissue to be preserved and submitted by a physician pursuant to this section;
(2) procedures for the proper preservation of such tissue for the purpose of DNA testing and examination;
(3) procedures for documenting the chain of custody of such tissue for use as evidence;
(4) procedures for proper disposal of fetal tissue preserved pursuant to this section;
(5) a uniform reporting instrument mandated to be utilized by physicians when submitting fetal tissue under this section which shall include the name of the physician submitting the fetal tissue and the name, complete address of residence and name of the parent or legal guardian of the minor upon whom the abortion was performed; and
(6) procedures for communication with law enforcement agencies regarding evidence and information obtained pursuant to this section.
(e) Failure of a physician to comply with any provision of this section or any rule or regulation adopted hereunder:
(1) Shall constitute unprofessional conduct for the purposes of K.S.A. 65-2837, and amendments thereto; and
(2) is a class A, nonperson misdemeanor upon a first conviction and a severity level 10, nonperson felony upon a second or subsequent conviction.
History: L. 2005, ch. 149, § 3; July 1.