65-6701. Definitions. - Kansas Statutes

65-6701

Chapter 65.--PUBLIC HEALTH Article 67.--ABORTION

      65-6701.   Definitions.As used in this act:

      (a)   "Abortion" means the use of any means to intentionallyterminate a pregnancy except for the purpose of causing a live birth. Abortiondoes not include: (1) The use of any drug or device that inhibits orprevents ovulation, fertilization or the implantation of an embryo; or (2)disposition of the product of in vitro fertilization prior toimplantation.

      (b)   "Counselor" means a person who is: (1) Licensed to practicemedicine andsurgery; (2) licensed to practice psychology; (3) licensed to practiceprofessional or practical nursing; (4)registered to practice professional counseling; (5) licensed as a socialworker; (6) the holder of a master's or doctor's degree from an accreditedgraduate school of social work; (7)registered to practice marriage and family therapy; (8)a licensed physician assistant; or (9) acurrently ordained member of theclergy or religious authority of any religious denomination or society.Counselor does not include the physician who performs or induces the abortionor a physician or other person who assists in performing or inducing theabortion.

      (c)   "Department" means the department of health and environment.

      (d)   "Gestational age" means the time that has elapsed since the first day ofthe woman's last menstrual period.

      (e)   "Medical emergency" means that condition which, on the basis of thephysician's good faith clinical judgment, so complicates the medical conditionof a pregnant woman as to necessitate the immediate abortion of her pregnancytoavert her death or for which a delay will create serious risk of substantialand irreversible impairment of a major bodily function.

      (f)   "Minor" means a person less than 18 years of age.

      (g)   "Physician" means a person licensed to practice medicine andsurgery inthis state.

      (h)   "Pregnant" or "pregnancy" means that female reproductivecondition of having a fetus in the mother's body.

      (i)   "Qualified person" means an agent of the physician who is apsychologist, licensed social worker, registered professional counselor,registered nurse or physician.

      (j)   "Unemancipated minor" means any minor who has never been: (1) Married;or (2) freed, by court order or otherwise, from the care, custody and controlof the minor's parents.

      (k)   "Viable" means that stage of gestation when, in the bestmedicaljudgment of theattending physician,the fetus is capable of sustained survivaloutside the uterus without the application of extraordinary medical means.

      History:   L. 1992, ch. 183, § 1;L. 1997, ch. 190, § 26;L. 2000, ch. 162, § 25; Feb. 1, 2001.