65-4a01. Definitions. As used in K.S.A. 65-4a01 through 65-4a12, and amendments thereto: (a) “Abortion” means the use or prescription of any instrument, medicine, drug or any other substance or device to terminate the pregnancy of a woman known to be pregnant with an intention other than to increase the probability of a live birth, to […]
65-4a02. Licensure, facilities performing abortions; posting; fee. (a) A facility shall be licensed in accordance with K.S.A. 65-4a01 through 65-4a12, and amendments thereto. (b) Any facility seeking licensure for the performance of abortions shall submit an application for such license to the department on forms and in the manner required by the secretary. Such application […]
65-4a03. License; annual renewal. Applicants for an annual license renewal shall file an application with the department and pay the license fee in accordance with K.S.A. 65-4a02, and amendments thereto. Applicants for an annual license renewal shall also be subject to a licensing inspection in accordance with K.S.A. 65-4a05, and amendments thereto. History: L. 2011, […]
65-4a04. Facility name change; ownership change; notice. (a) No proposed facility shall be named, nor may any existing facility have its name changed to, the same or similar name as any other facility licensed pursuant to K.S.A. 65-4a01 through 65-4a12, and amendments thereto. If the facility is affiliated with one or more other facilities with […]
65-4a05. Inspections; frequency; confidentiality of certain records. (a) The secretary shall make or cause to be made such inspections and investigations of each facility at least twice each calendar year and at such other times as the secretary determines necessary to protect the public health and safety and to implement and enforce the provisions of […]
65-4a06. Licensure; denial, suspension or revocation; procedures license violation classes; penalties; fines. (a) When the secretary determines that a facility is in violation of any applicable law or rule and regulation relating to the operation or maintenance of such facility, the secretary, upon proper notice, may deny, suspend or revoke the license of such facility, […]
65-4a07. Late term abortions; performed in hospital or ambulatory surgical center only; exception. Except in the case of a medical emergency, an abortion performed when the gestational age of the unborn child is 22 weeks or more shall be performed in a hospital or ambulatory surgical center licensed pursuant to this act. All other abortions […]
65-4a08. Operating without a valid license; criminal penalties. (a) It shall be unlawful to operate a facility within Kansas without possessing a valid license issued annually by the secretary pursuant to K.S.A. 65-4a02, and amendments thereto, with no requirement of culpable mental state. (b) It shall be unlawful for a person to perform or induce […]
65-4a09. Rules and regulations; secretary of health and environment. (a) The secretary shall adopt rules and regulations for the licensure of facilities for the performance of abortions. (b) The secretary shall adopt rules and regulations concerning sanitation, housekeeping, maintenance, staff qualifications, emergency equipment and procedures to provide emergency care, medical records and reporting, laboratory, procedure […]
65-4a10. Performance of abortions; only physicians; RU-486 or any drug induced abortion requirements; violations. (a) No abortion shall be performed or induced by any person other than a physician licensed to practice medicine in the state of Kansas. (b) (1) Except in the case of an abortion performed in a hospital through inducing labor: (A) […]
65-4a11. Act does not create right to abortion. Nothing in K.S.A. 65-4a01 through 65-4a12, and amendments thereto, shall be construed as creating or recognizing a right to abortion. Notwithstanding any provision of this section, a person shall not perform an abortion that is prohibited by law. History: L. 2011, ch. 82, § 11; July 1.
65-4a12. Severability clause. The provisions of K.S.A. 65-4a01 through 65-4a12, and amendments thereto, are declared to be severable, and if any provision, or the application thereof, to any person shall be held invalid, such invalidity shall not affect the validity of the remaining provisions of K.S.A. 65-4a01 through 65-4a12, and amendments thereto. History: L. 2011, […]
