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Kansas Fetal Heartbeat Act (HB 2324)

This law was last updated on Aug 8, 2014


State

Kansas

Number

HB 2324

Status

Failed to Pass

Proposed

Feb 13, 2013

Topics

Heartbeat Bans

Full Bill Text

www.kslegislature.org

HB 2324 would have required that an abortion provider determine if there is a detectable fetal heartbeat using the person’s good faith understanding of “standard medical practice” consistent with rules that the Secretary of Health and Environment would have been empowered to specify as appropriate methods.

The bill would have required the abortion provider to document in writing the estimated gestational age, the procedure used to determine the existence of the heartbeat in the fetus, the date the procedure was performed, and the results of the procedure.

The bill would have prohibited abortion if a fetal heartbeat is detected, unless there is a medical emergency and an abortion is necessary to prevent the death of a pregnant woman or to prevent a serious risk of the substantial and irreversible impairment of a major bodily function of the pregnant woman. If a medical emergency arises, the physician would have been required to make written notations on the belief of an emergency necessitating an abortion and the medical condition of the pregnant women, and the physician would have been required to keep the medical records for seven years and submit a written report to the secretary of health and environment. The bill provides no exception for rape or incest.

If a fetal heartbeat is detected, the bill would have required the abortion provider to:

(1) inform the woman that the “unborn child” has a fetal heartbeat;
(2) provide information regarding statistical probability of bringing the “unborn child” to term based on its gestational age;
(3) obtain a signed form acknowledging that the woman has been provided this information;
(4) wait at least 24 hours before performing an abortion.

Violation of this provision would have been a severity level 8, person felony. The bill states that a pregnant woman may not be prosecuted for a violation of the law or conspiracy to violate the law.

This bill would have given the woman a cause for civil action for the wrongful death of her unborn child and if she prevailed, she would have received damages in an amount equal to ten thousand dollars or an amount determined by the trier of fact and court costs and reasonable attorney’s fees.

A fetal heartbeat can be detected as early as six weeks of pregnancy—two weeks after a woman’s first missed period—and well before many women even realize that they are pregnant.

STATUS

This bill died in Committee on May 30, 2014.

 

 

 


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