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BILL TARGETS ENHANCED ENFORCEMENT OF LATE TERM ABORTION LAW AND STRONGER INFORMED CONSENT PROVISIONS
January 31, 2008, Lance Kinzer: 785-296-7692
Topeka –Thursday, January 31st Representative Lance Kinzer (R – Olathe) announced that he will be filing a bill to enhance enforcement of late term abortion laws, and to halt coerced abortions in Kansas.
The bill, supported by over 40 co-sponsors, will reduce the opportunity for abuses within the system and enhance informed consent.
“Women should have the right to accurate medical information, including viewing ultrasound pictures and hearing fetal heart beat tones during pregnancy,” said Kinzer. “All Kansans have a right to expect that existing laws limiting late term abortions in Kansas will be followed and enforced. Unfortunately, we now know that all too often this is not the case.”
The legislation being proposed will address both of these issues. Further explaining his bill Representative Kinzer stated, “At its best the pro-life movement in the United States has stood for the bedrock principles of human dignity, compassion and the rule of law. The intent of this legislation is to advance each of these important values.”
The bill includes these common-sense protective provisions:
- Requiring abortion providers who use ultrasound equipment to offer the woman the chance to view the ultrasound image of her unborn child.
- Allowing District and County Attorneys, upon a showing of reasonable suspicion of the commission of a crime, to receive abortion reporting data in the possession of the Department of Health and Environment (KDH&E).
- Grants standing to Kansas citizens to bring a mandamus action in the event KDH&E fails to issue the public abortion data report required by law.
- Requires SRS to report, in a nonidentifying fashion, the number of reports of child sexual abuse received by SRS from abortion providers.
- Directs the Board of Healing Arts to revoke the license of any physician convicted of a violation of K.S.A. 65-5703, the Kansas late term abortion law, unless 2/3 of the members of the Board vote to allow said physician to continue to practice.
- Requires that at least 30 minutes prior to the abortion, a woman seeking a late term abortion be provided with a copy of the referring physician’s referral, and a copy of the abortion provider’s written determination regarding fetal viability, and/or the reason and basis justifying the abortion under Kansas law.
- Grants standing to the woman and other family members, as well as law enforcement, to seek injunctive relief against any person who is violating or about to violate Kansas late term abortion law.
- Grants standing to a woman, her husband or the parents of a minor, to bring a civil action for damage against any person who performs an abortion in violation of Kansas late term abortion law.
- Establishes that prosecution for violation of Kansas late term abortion law can be brought by the Attorney General, the District or County Attorney where the violation occurred, or the District or County Attorney for the woman’s county of residence.
- Requires proof of identification by an adult accompanying a minor to an abortion clinic under K.S.A. 65-6704, the Kansas minor informed consent law.
- Extends the period for which an abortion provider must maintain medical records.
- Clarifies K.S.A. 65-6705, the Kansas parental consent law, to require that a custodial parent receive notice of the intent to perform an abortion in the absence of a judicial by-pass.
- Requires that abortion providers make a report to law enforcement if a minor indicates that the father of the unborn child is her father or step-father.
- Requires that where a judicial by-pass is granted the court record of said by-pass be placed in the medical record of the minor.
- Requires each Judicial District to make an annual report to KDH&E, in non-identifying fashion, of the number of judicial by-pass petitions granted in that Judicial District.
- Grants standing to parent or guardian of a minor to seek civil damages where a violation of Kansas parental notification law occurs.
- Requires abortion providers to post a notice setting forth a woman’s right not to be forced to have an abortion, to seek the assistance of law enforcement to receive protection from abuse, and to change her mind regarding having an abortion at any point prior to the procedure.
For more information, please contact Representative Lance Kinzer, 785-296-7692.
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