Please someone explain Kansas' abortion legislation to me?

Amelia

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Feb 14, 2011
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It exempts doctors from facing malpractice lawsuits for withholding information in order to stop a woman from getting an abortion? Even if withholding the information puts the woman's life at risk? Is that accurate?



Please someone explain the details to me. So far all I'm seeing is leftwing commentary on it. I'd like someone on the right to explain their perspective on this.




As a Republican I've tried to assure people that even if many on the right are pro-life (edit: anti-abortion) they wouldn't actually succeed in passing extreme legislation, such as something which endangered women's lives.

I can't talk that talk anymore.



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It exempts doctors from facing malpractice lawsuits for withholding information in order to stop a woman from getting an abortion? Even if withholding the information puts the woman's life at risk? Is that accurate?

Since I neglected to read that particular bill, I cannot tell you if it is accurate since you did not provide a link to the legislation.
 
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It exempts doctors from facing malpractice lawsuits for withholding information in order to stop a woman from getting an abortion? Even if withholding the information puts the woman's life at risk? Is that accurate?

Since I neglected to read that particular bill, I cannot tell you if it is accurate since you did not provide a link to the legislation.



I haven't found a link to the bill. Supposedly even the governor hasn't read it yet but says he'll sign it. I have a HuffPo link but I'm tired of people saying they won't address the facts because my link is from HP. Hence my invitation for someone who is already familiar with the facts from an acceptable source to explain their understanding.


The HP link does say that if the woman actually dies the family can file a wrongful death suit. But it sounds like the family is out of luck if she merely comes close to death or merely suffers permanent injury.
 
Sec. 15. K.S.A. 2011 Supp. 65-6709 is hereby amended to read as
follows: 65-6709. No abortion shall be performed or induced without the
voluntary and informed consent of the woman upon whom the abortion is
to be performed or induced. Except in the case of a medical emergency,
consent to an abortion is voluntary and informed only if:
(a) At least 24 hours before the abortion the physician who is to
perform the abortion or the referring physician has informed the woman in
writing of:
(1) The name of the physician who will perform the abortion;
(2) a description of the proposed abortion method;
(3) a description of risks related to the proposed abortion method,
including risk of premature birth in future pregnancies, risk of breast
cancer and risks to the woman's reproductive health and alternatives to the
abortion that a reasonable patient would consider material to the decision
of whether or not to undergo the abortion;

I have not found anything which says a doctor can withhold information which might cause the mother to abort.

However, numbers (5), (6), and (7) seems to contradict that claim:

(5) the probable anatomical and physiological characteristics of the
unborn child at the time the abortion is to be performed;
(6) the contact information for free counseling assistance for
medically challenging pregnancies and the contact information for free
perinatal hospice services, including information regarding which entities
provide such services free of charge;
(7) the medical risks associated with carrying an unborn child to
term;

The doctor is required by this law to tell the mother the risks of NOT aborting, in writing.

Still looking.
 
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On page 17:

Furthermore, you should know that: (A) It is unlawful for any
individual to coerce you to undergo an abortion. Coercion is the use of
express or implied threats of violence or intimidation to compel a person
to act against such person's will; (B) abortion terminates the life of a
whole, separate, unique, living human being; (C) any physician who fails
to provide informed consent prior to performing an abortion may be guilty
of unprofessional conduct and liable for damages;
 
Page 2:

No person shall perform an abortion with
knowledge that the pregnant woman is seeking the abortion solely on
account of the sex of the unborn child.
 
Ahhhhh...

I believe I have found the section they are talking about:

For the purposes of this section, the term "abortion" shall have the
same meaning as such term is defined in K.S.A. 65-6701, and amendments
thereto.
New Sec. 10. (a) No civil action may be commenced in any court
for a claim of wrongful life or wrongful birth, and no damages may be
recovered in any civil action for any physical condition of a minor that
existed at the time of such minor’s birth if the damages sought arise out of
a claim that a person’s action, or omission, contributed to such minor’s
mother not obtaining an abortion.
(b) Nothing in this section shall be deemed to create any new cause of
action, nor preclude any otherwise proper cause of action based on a claim
that, but for a person’s wrongful action, or omission, the death or injury of
the mother would not have occurred, or the handicap, disease or disability
of an individual prior to birth would have been prevented, cured or
ameliorated in a manner that preserved the health and life of such
individual.

That's on page 3.

My Google-Fu is strong! :lol:
 
Hmmmm ... thanks.

I'm still not clear on where the links I read got their interpretation from.

I wonder if the offending part was amended ... :dunno:
 

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