(Reprint)
Session of 2000
HOUSE Substitute for SENATE BILL No. 430
By Committee on Federal and State Affairs
3-28
11 AN ACT
concerning the use of fetal tissue; imposing restrictions
thereon;
12 providing penalties
for violations of such restrictions.
13
14 Be it enacted by the Legislature of the
State of Kansas:
15 Section
1. As used in sections 2, 3 and 4, and amendments thereto:
16 (a) ``Abortion''
means an induced or spontaneous abortion.
17 (b)
(1) ``Consideration'' means any payment made or debt
incurred;
18 any gift, honorarium or recognition of
value bestowed; any price, charge
19 or fee which is waived, forgiven, reduced
or indefinitely delayed; any loan
20 or debt which is canceled or otherwise
forgiven; the transfer of any item
21 from one person to another or provision of
any service or granting of any
22 opportunity for which a charge is
customarily made, without charge or
23 for a reduced charge.
24
(2) ``Consideration'' shall not include reasonable payments of
$25 or
25 less for the transportation, processing,
preservation, quality control, or
26 storage of human fetal tissue.
27 (c) ``Fetal
tissue'' means any tissue, cells or organs obtained from a
28 dead human embryo or fetus after an
abortion or after a stillbirth.
29 Sec.
2. Nothing in this section shall be construed as authorizing
any
30 person to use any fetal tissue for any type
of scientific, research, laboratory
31 or other kind of experimentation either
prior to or subsequent to any
32 abortion or stillbirth.
33 Sec. 3. (a)
No person knowingly shall acquire, accept or transfer any
34 fetal tissue for consideration.
35 (b) No person
shall solicit or knowingly acquire or accept a donation
36 of fetal tissue for the purpose of
transplantation of such tissue into another
37 person if:
38 (1) The tissue
will be or is obtained pursuant to an abortion; and
39 (2) (A) the
donation of such fetal tissue will be or is made pursuant
40 to a promise to the donating individual
that the donated tissue will be
41 transplanted into a recipient specified by
such individual;
42 (B) the donated
fetal tissue will be transplanted into a relative of the
43 donating individual; or
2
1 (C) the
person who solicits or knowingly acquires or accepts the do-
2 nation of such fetal tissue has
provided consideration for the costs asso-
3 ciated with such abortion.
4 (c) Any
person who knowingly violates this section shall be guilty of
5 a class A misdemeanor.
6 Sec.
4. (a) No person shall transfer fetal tissue to another
without
7 disclosing to the secretary of the
department of health and environment
8 the following:
9 (1) The
date of transfer;
10 (2) a description
of the fetal tissue;
11 (3) the name and
address of the transferor and the transferee;
12 (4) the amount of
consideration received by the transferor for making
13 the transfer;
14 (5) method of
transfer or shipment; and
15 (6) the name of
the common carrier or delivery service providing
16 transportation of the fetal tissue. The
identity of the woman donating the
17 fetal tissue shall not be reported.
18 (b) No person
shall ship fetal tissue by means of a common carrier
19 or delivery service without disclosing to
the carrier or delivery service that
20 the contents of the item shipped are fetal
tissue.
21 (c) This section
shall not apply to:
22 (1) The transfer
of fetal tissue or a fetal tissue sample to a pathologist
23 for testing; or
24 (2) the transfer
of fetal tissue for the purpose of immediate burial or
25 cremation.
26 (d) Any person
knowingly violating this section shall be guilty of a
27 class A misdemeanor.
28 Sec. 5. This act shall
take effect and be in force from and after its
29 publication in the Kansas register.