Chapter 65: Public Health

Article 67a: Fetal Organs And Tissue

Statute 65-67a01: Fetal organs or tissue; definitions. As used in this act:

      (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.