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Minutes for HB2313 - Committee on Health and Human Services
Short Title
Creating the born-alive infants protection act to provide legal protections for infants who are born alive regardless of the intent of the delivery.
Minutes Content for Wed, Mar 8, 2023
Scott Abbott, Revisor of Statutes, provided an overview of HB2313.
Representative Ron Bryce provided testimony in support of HB2313 (Attachment 1). The bill provides legal protections for infants who are born alive, regardless of the intent of the delivery. Although not widely known, many infants have been born alive after abortions. Representative Bryce provided a personal story. For infants born alive through an abortion there are three options: treat the newborn as you would any other of similar gestational age, set the newborn aside and hope he or she dies quickly of complications, or take the life of the newborn. Under HB2313 the only legal option would be caring for the infant.
Jeanne Gawdun, Director of Government Affairs, Kansans for Life (KFL), provided testimony in support of HB2313 (Attachment 2). KFL supports strong protections for infants who are born alive during an abortion. Thirty states have adopted similar legislation. The bill clearly spells out the obligations of healthcare providers present at the time the child is born during an abortion. The bill includes penalties for violations. Reporting requirements to KDHE are improved under the bill. Any child who survives an abortion deserves the same healthcare as any other child born alive at the same gestational age.
Dr. Kelly Bird, Private Citizen, provided testimony in support of HB2313 (Attachment 3). Dr. Bird began by providing her personal experiences as a pediatrician practicing emergency medicine. A physician performing an abortion may be frustrated with the outcome of a live infant but is still required to respond appropriately. They are trained to care for infants. The bill defines what could be used during a physical examination to identify the infant as alive. Dr. Bird then described the various approaches a doctor would used based on the status of the infant. Expecting that the standard of care practiced on infants who survive an abortion be extended to the infant is an extension of the Hippocratic oath. Failure to provide appropriate care is a direct violation of a physician's moral and professional obligation as a medical professional.
Dr. Bird responded to questions from the committee.
Sarah Zagorski, Private Citizen, provided testimony in support of HB2313 (Attachment 4). Ms. Zagorski provided her personal story of surviving an abortion. The Born Alive Infants Protection Act is common sense legislation. The legislation transcends the abortion debate. Leaving a baby to die following an abortion is infanticide.
The following provided written only testimony in support of HB2313:
Lucretia Nold, Policy Specialist, Kansas Catholic Conference (Attachment 5)
Brittany Jones, Director of Policy, Kansas Family Voice (Attachment 6)
Melissa Ohden, Private Citizen (Attachment 7)
The following provide written only testimony in opposition of HB2313:
Aileen Berquist, Policy director, American Civil Liberties Union of Kansas (Attachment 8)
The hearing on HB2313 was closed.
