CHAPTER 148 SENATE Substitute for Substitute for HOUSE BILL No. 2007 * An  Act prohibiting the sale of fetal organs or tissue; imposing limitations thereon. Be it enacted by the Legislature of the State of Kansas:

      Section  1. As used in this act:

      (a) ``Abortion'' means an abortion as defined by K.S.A. 65-6701, and
amendments thereto.

      (b)  (1) ``Consideration'' means:

      (A) Any payment made or debt incurred;

      (B) any gift, honorarium or recognition of value bestowed;

      (C) any price, charge or fee which is waived, forgiven, reduced or
indefinitely delayed;

      (D) any loan or debt which is canceled or otherwise forgiven; or

      (E) the transfer of any item from one person to another or provision
of any service or granting of any opportunity for which a charge is cus-
tomarily made, without charge or for a reduced charge.

      (2) ``Consideration'' shall not mean:

      (A) A payment in an amount not to exceed $25 for the cost of trans-
porting, processing, preserving and storing fetal tissue; or

      (B) a payment in an amount not to exceed the actual cost, as docu-
mented by the delivery service, of transporting fetal tissue.

      (c) ``Delivery service'' means a common carrier as defined by K.S.A.
66-105, and amendments thereto, or other person or entity used to trans-
port fetal tissue.

      (d) ``Fetal tissue'' means any tissue, cells or organs obtained from a
dead human embryo or fetus after an abortion or after a stillbirth.

      (e) ``Person'' means a person as defined by K.S.A. 65-425, and
amendments thereto.

      (f) ``Stillbirth'' means a stillbirth as defined by K.S.A. 65-2401, and
amendments thereto.

      Sec.  2. Except as specifically provided by this act, nothing in this act
shall be construed as either permitting or prohibiting the use of fetal
tissue for any type of scientific, research, laboratory or other kind of ex-
perimentation either prior to or subsequent to any abortion or stillbirth.

      Sec.  3. This act shall not apply to:

      (a) The transfer of fetal tissue to a pathologist for testing or exami-
nation; or

      (b) the transfer of fetal tissue for the purpose of immediate burial,
cremation or final disposition.

      Sec.  4. (a) No person shall solicit, offer, knowingly acquire or accept
or transfer any fetal tissue for consideration.

      (b) No person shall solicit, offer or knowingly acquire or accept or
transfer any fetal tissue for the purpose of transplantation of such tissue
into another person if:

      (1) The fetal tissue will be or is obtained pursuant to an abortion; and

      (2)  (A) the donation of such fetal tissue will be or is made pursuant
to a promise to the donating individual that the donated tissue will be
transplanted into a recipient specified by such donating individual;

      (B) such fetal tissue will be transplanted into a relative of the donating
individual; or

      (C) the person who solicits or knowingly acquires or accepts the do-
nation of such fetal tissue has provided consideration for the costs asso-
ciated with such abortion.

      (c) Any person who intentionally, knowingly or recklessly violates this
section shall be guilty of a severity level 2, nonperson felony.

      Sec.  5. (a) Every person who transfers fetal tissue to another person
shall submit annually a written report to the secretary of the department
of health and environment which contains the following:

      (1) The date of transfer;

      (2) a description of the fetal tissue;

      (3) the name and address of the transferor and the transferee;

      (4) the amount of consideration received by the transferor for making
the transfer;

      (5) the mode of transfer or shipment; and

      (6) the name of the delivery service.

      (b) The identity of the woman donating the fetal tissue shall be con-
fidential and shall not be included in any report required by this section.

      (c) No person shall ship fetal tissue without disclosing to the delivery
service that human tissue is contained in such shipment.

      (d) Except as provided herein, information obtained by the secretary
of health and environment under this section shall be confidential and
shall not be disclosed in a manner that would reveal the identity of any
person who submits a report to the secretary under this section. Such
information, including information identifying any person submitting a
report hereunder, may be disclosed to the attorney general upon a show-
ing that a reasonable cause exists to believe that a violation of this act has
occurred. Any information disclosed to the attorney general pursuant to
this subsection shall be used solely for the purposes of a criminal prose-
cution.

      (e) For the purpose of maintaining confidentiality, reports required
by this section shall identify the name and address of the person submit-
ting such report only by confidential code number assigned by the sec-
retary of health and environment to such person and the department of
health and environment shall maintain such reports only by such number.

      (f) Any person who intentionally, knowingly or recklessly violates this
section shall be guilty of a class A nonperson misdemeanor.

      Sec.  6. (a) No person shall offer any monetary or other inducement
to any other person for the purpose of procuring an abortion for the
medical, scientific, experimental or therapeutic use of fetal organs or tis-
sue.

      (b) No person shall offer or accept any valuable consideration for the
fetal organs or tissue resulting from an abortion. Nothing in this subsec-
tion shall prohibit payment for burial or other final disposition of the fetal
remains or payment for a pathological examination, autopsy or postmor-
tem examination of the fetal remains.

      (c) Any person who intentionally, knowingly or recklessly violates this
section shall be guilty of a severity level 2, nonperson felony.

      Sec.  7. (a) No person shall use fetal organs or tissue for medical,
scientific, experimental or therapeutic use without the voluntary and in-
formed consent of the woman donating such tissue. Such consent shall
not be discussed or obtained prior to obtaining the consent required un-
der K.S.A. 1999 Supp. 65-6709, and amendments thereto.

      (b) A person who intentionally, knowingly or recklessly violates this
section shall be guilty of a severity level 2, nonperson felony.

      Sec.  8. If any provision of this section is held to be invalid or uncon-
stitutional, it shall be presumed conclusively that the legislature would
have enacted the remainder of this section without such invalid or un-
constitutional provision.

 Sec.  9. This act shall take effect and be in force from and after its
publication in the Kansas register.

Approved May 15, 2000.
 Published in the Kansas Register May 25, 2000.
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