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Home » US Law » 2021 Kansas Statutes » Chapter 65 - Public Health » Article 67a - Fetal Organs And Tissue

65-67a01 Fetal organs or tissue; definitions.

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 […]

65-67a02 Same; construction of act.

65-67a02. Same; construction of act. Except as specifically provided by this act, nothing in this act shall be construed as either permitting or prohibiting the use of fetal tissue for any type of scientific, research, laboratory or other kind of experimentation either prior to or subsequent to any abortion or stillbirth. History: L. 2000, ch. […]

65-67a03 Same; when act not applicable.

65-67a03. Same; when act not applicable. This act shall not apply to: (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.

65-67a04 Same; prohibitions; penalty.

65-67a04. Same; prohibitions; penalty. (a) No person shall solicit, offer, knowingly acquire or accept or transfer any fetal tissue for consideration. (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 […]

65-67a05 Same; transfers of tissue; reports.

65-67a05. Same; transfers of tissue; reports. (a) Every person who transfers fetal tissue to another person shall submit annually a written report to the secretary of the department of health and environment which contains the following: (1) The date of transfer; (2) a description of the fetal tissue; (3) the name and address of the […]

65-67a06 Same; prohibitions; penalty.

65-67a06. Same; prohibitions; penalty. (a) No person shall offer any monetary or other inducement to any other person for the purpose of procuring an abortion for the medical, scientific, experimental or therapeutic use of fetal organs or tissue. (b) No person shall offer or accept any valuable consideration for the fetal organs or tissue resulting […]

65-67a07 Same; consent of donor.

65-67a07. Same; consent of donor. (a) No person shall use fetal organs or tissue for medical, scientific, experimental or therapeutic use without the voluntary and informed consent of the woman donating such tissue. Such consent shall not be discussed or obtained prior to obtaining the consent required under K.S.A. 65-6709, and amendments thereto. (b) A […]

65-67a08 Same; severability.

65-67a08. Same; severability. If any provision of this section [act] is held to be invalid or unconstitutional, it shall be presumed conclusively that the legislature would have enacted the remainder of this section [act] without such invalid or unconstitutional provision. History: L. 2000, ch. 148, § 8; May 25.

65-67a09 Child rape protection act; submission of fetal tissue from certain abortions; physicians’ duties; rules and regulations; noncompliance, penalties.

65-67a09. Child rape protection act; submission of fetal tissue from certain abortions; physicians’ duties; rules and regulations; noncompliance, penalties. (a) This section shall be known and may be cited as the child rape protection act. (b) As used in this section: (1) “Abortion” has the meaning provided in K.S.A. 65-6701, and amendments thereto. (2) “Physician” […]

65-67a10 Disposition of fetal remains.

65-67a10. Disposition of fetal remains. Every maternity center and medical care facility licensed by the department of health and environment to operate in the state shall adopt written policies and inform parents regarding their options for disposition or taking of fetal remains in an event of a fetal death. History: L. 2008, ch. 98, § […]