Signed by Governor Sam Brownback

Vote Smart's Synopsis:

Vote to adopt a conference report that amends procedure requirements for an abortion, prohibits state funding for abortion services, and amends abortion clinic tax credits.

Highlights:

• Prohibits a physician from performing or inducing, or attempting to perform or induce, an abortion if the fetus is considered to be “viable”, unless the abortion is necessary to preserve the life of the woman or a continuation of the pregnancy will cause the woman “substantial” and irreversible physical impairment to a major bodily function (Secs. 8, 12-14 & 16).

• Defines “viable” as the stage of fetal development when it is the physician’s judgment according to accepted obstetrical or neonatal standards of practice that there is “reasonable” probability that the fetus can live indefinitely outside of the womb with natural or artificial life-supportive measures (Sec. 12).

• Expands the required information that is provided by a physician to an abortion patient to give “voluntary and informed” consent to include, but is not limited to, the following items (Secs. 14 & 15):
• The risk of premature birth in future pregnancies;
• The risk of breast cancer associated with the abortion method; and
• The pain threshold of a fetus 20 weeks after fertilization.

• Prohibits any state funds from being used to partially or fully fund an abortion or the operation of an abortion facility (Sec. 3).

• Prohibits state health care services and services performed by state health care employees from including abortions (Sec. 3).

• Prohibits an individual from claiming any tax credits or deductions for an abortion (Secs. 3, 10, 17 & 19-22).

• Prohibits any school district, employee of a school district, or educational service provider contracting with a school district from providing abortion services (Sec. 4).

• Prohibits school districts from authorizing any abortion services provider or individual associated with an abortion services provider to supply instruction or course material related to human sexuality or sexually transmitted diseases (Sec. 4).

• Prohibits an individual from performing, inducing, or attempting  to perform or induce an abortion if the individual has prior knowledge that the abortion patient is seeking the abortion solely based on the sex of the fetus (Sec. 10). 

• Authorizes a woman younger than 18 years old to pursue a civil action against the father of the fetus if married at the time of the abortion or the parents or guardians of the woman if they performed, induced, or attempted to perform or induce an abortion based on the sex of the fetus, and obtain “appropriate relief” that includes, but is not limited to, the following (Sec. 10):
• Possible money damages for all injuries, psychological and physical;
• Possible injunctive relief; and
• Possible attorney fees that are within “reason”.

Full Bill Text

Vote Smart's Synopsis:

Vote to adopt a conference report that amends procedure requirements for an abortion, prohibits state funding for abortion services, and amends abortion clinic tax credits.

Highlights:

• Prohibits a physician from performing or inducing, or attempting to perform or induce, an abortion if the fetus is considered to be “viable”, unless the abortion is necessary to preserve the life of the woman or a continuation of the pregnancy will cause the woman “substantial” and irreversible physical impairment to a major bodily function (Secs. 8, 12-14 & 16).

• Defines “viable” as the stage of fetal development when it is the physician’s judgment according to accepted obstetrical or neonatal standards of practice that there is “reasonable” probability that the fetus can live indefinitely outside of the womb with natural or artificial life-supportive measures (Sec. 12).

• Expands the required information that is provided by a physician to an abortion patient to give “voluntary and informed” consent to include, but is not limited to, the following items (Secs. 14 & 15):
• The risk of premature birth in future pregnancies;
• The risk of breast cancer associated with the abortion method; and
• The pain threshold of a fetus 20 weeks after fertilization.

• Prohibits any state funds from being used to partially or fully fund an abortion or the operation of an abortion facility (Sec. 3).

• Prohibits state health care services and services performed by state health care employees from including abortions (Sec. 3).

• Prohibits an individual from claiming any tax credits or deductions for an abortion (Secs. 3, 10, 17 & 19-22).

• Prohibits any school district, employee of a school district, or educational service provider contracting with a school district from providing abortion services (Sec. 4).

• Prohibits school districts from authorizing any abortion services provider or individual associated with an abortion services provider to supply instruction or course material related to human sexuality or sexually transmitted diseases (Sec. 4).

• Prohibits an individual from performing, inducing, or attempting  to perform or induce an abortion if the individual has prior knowledge that the abortion patient is seeking the abortion solely based on the sex of the fetus (Sec. 10). 

• Authorizes a woman younger than 18 years old to pursue a civil action against the father of the fetus if married at the time of the abortion or the parents or guardians of the woman if they performed, induced, or attempted to perform or induce an abortion based on the sex of the fetus, and obtain “appropriate relief” that includes, but is not limited to, the following (Sec. 10):
• Possible money damages for all injuries, psychological and physical;
• Possible injunctive relief; and
• Possible attorney fees that are within “reason”.

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that amends procedure requirements for an abortion, prohibits state funding for abortion services, and amends abortion clinic tax credits.

Highlights:

• Prohibits a physician from performing or inducing, or attempting to perform or induce, an abortion if the fetus is considered to be “viable”, unless the abortion is necessary to preserve the life of the woman or a continuation of the pregnancy will cause the woman “substantial” and irreversible physical impairment to a major bodily function (Secs. 8, 11-13 & 15).

• Defines “viable” as the stage of fetal development when it is the physician’s judgment according to accepted obstetrical or neonatal standards of practice that there is “reasonable” probability that the fetus can live indefinitely outside of the womb with natural or artificial life-supportive measures (Sec. 11).

• Expands the required information that is provided by a physician to an abortion patient to give “voluntary and informed” consent to include, but is not limited to, the following items (Secs. 13 & 14):
• The risk of premature birth in future pregnancies;
• The risk of breast cancer associated with the abortion method; and
• The pain threshold of a fetus 20 weeks after fertilization.

• Prohibits any state funds from being used to partially or fully fund an abortion or the operation of an abortion facility (Sec. 3).

• Prohibits state health care services and services performed by state health care employees from including abortions (Sec. 3).

• Prohibits an individual from claiming any tax credits or deductions for an abortion (Secs. 3, 16 & 18-21).

• Prohibits any school district, employee of a school district, or educational service provider contracting with a school district from providing abortion services (Sec. 4).

• Prohibits school districts from authorizing any abortion services provider or individual associated with an abortion services provider to supply instruction or course material related to human sexuality or sexually transmitted diseases (Sec. 4).

Full Bill Text