[As Further Amended by Senate Committee of the
Whole]
Session of 2000
SENATE Substitute for Substitute for
HOUSE BILL No. 2007
By Committee on Federal and State Affairs
3-16
13 AN ACT
prohibiting the sale of fetal organs or tissue; imposing
limita-
14 tions
therein [thereon].
15
16 Be it enacted by the Legislature of the
State of Kansas:
17 Section
1. (a) No person shall offer any monetary or other induce-
18 ment to any other person for the purpose of
procuring an abortion for
19 the medical, scientific, experimental or
therapeutic use of the fetal organs
20 or tissue.
21 (b) No person
shall offer or accept any valuable consideration for the
22 fetal organs or tissue resulting from an
abortion. Nothing in this subsec-
23 tion shall prohibit payment for burial or
other final disposition of the fetal
24 remains or payment for a pathological
examination, autopsy or postmor-
25 tem examination of the fetal remains.
26 (c) No person
shall use fetal organs or tissue for medical, scientific,
27 experimental or therapeutic use without the
voluntary and informed con-
28 sent of the woman donating such tissue.
Such consent shall not be dis-
29 cussed or obtained prior to obtaining the
consent required under K.S.A.
30 1999 Supp. 65-6709, and amendments
thereto.
31 (d) A person who
intentionally, knowingly or recklessly violates this
32 section shall be guilty of a severity level
2, nonperson felony.
33 (e) If any
provision of this section is held to be invalid or unconsti-
34 tutional, it shall be presumed conclusively
that the legislature would have
35 enacted the remainder of this section
without such invalid or unconsti-
36 tutional provision.
37 Sec. 2. This act shall
take effect and be in force from and after its
38 publication in the Kansas register.